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HomeMy WebLinkAboutA5442 - COUNTS UNLIMITED INC TO COLLECT TRAFFIC VOLUME COUNTS CP 06-21A� CERTIFICATE OF LIABILITY INSURANCE PRODUCER (855) 266-2135 THIS CERTIFICATE IS ISSUED AS I ONLY AND CONFERS NO RIGHT DATE (MMMONYY'Y) 07/01/2024 EXTEND OR Fixated Financial 5 Insurance Solutions, Inc. P.O. Box 2445 Newport Beach CA 92659- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Counts Unlimited, Inc. JUL 16 2024 P.O. BOX 1178 Corona CROP - rhjVRER INSURERAPacific Employers 22748 INSURER B:AmGUARD Insurance CO. 42390 INSURERC:CHUBB National Ins. Co. 10052 INSURERD.Markel Insurance Co. 38970 E: stars tone National Insurance 25496 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m5R D Hoc TYPE OF INSURANCEPOLICY NUMBER POLICY EPFECTNE POLICY EXPBULIMITSTION LIMITS A X GENERAL LIABILITY D95330059 03/23/2024 03/23/2025 EACH OCCURRENCE E 2 000 000 PR I e nos E 1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR / / / / / / / / MED EXP A uw nI $ 5,000 PERSONAL S ADV INJURY S 2 000 000 It / / / GENERAL AGGREGATE S 4,000,0001 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGO E 4,000,000 / / / / X POUCYF_j PRO-LOC B X AUTOMOBILE LIABILITY ANY AUTO COAU576284 03/23/2024 / / 03/23/2025 / / COMBINED SINGLE LIMIT (Ea au M) E 1,000, 000 X BODILY INJURY Per Pe *n) S ALL OWNED AUTOS SCHEDULED AUTOS / / / / / / / / X BODILY INJURY (Pw auxenI) $ HIRED AUTOS NON-OWNEDAUTOS / / / / / / / / X X PROPERTY DAMAGE (Per aoaden0 S COMP DEL). $1,000 / / / / X GDLLISZDN DLD $1,000 GARAGE LIABILITY / / / / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO / / / / E AUTO ONLY'. AGO EXCESSIUMERELLALIABILITY / / / / EACH OCCURRENCE $ OCCUR CLAIMS MADE / / / / AGGREGATE f $ DEDUCTIBLE / / / / E RETENTION S O WORNERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICERMEMBER EXCLUDED? �Y (Mandminry In NHI (25) 7179-70-98 03/23/2024 It / / / 03/23/2025 / / / / X NC STATU- OTH- E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE E 11000,000 S yes. OesuZe under SPECIAL PROVISIONS Iml. E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHERProfessional Liab. W02490-05 06/10/2024 06/10/2025 Aggregate limit 2,000,000 D / / / / Each Claim 2,000,000 5 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The insurance shall be primary with respect to the insured shown in schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the named insured's scheduled underlying primary coverage, in either event, any other insurance maintained by the insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. •10 DAY NOTICE OF CANCELLATION FOR NON-PAYHENT OF PREMIUM Eel:1:S f 1dr87cU 47Bl10ZI 87cT: D44I W-A Srel\` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL IMIDOMdOLXM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XNXXIMUDIM )OM6001111 mC City of Palm SpringsM�Dpgrpy�pMppg(gpRO�p�pXpg 3200 E. Tahquitz Canyon Way )®BFAYMPXPRXX AUTHORIZED REPRESENTATIVE P lm Springs CA 92262- � _ Z_a- � /azQ,t ACORD 25 (2009101) U 1983-2009 ACORD C RPORATION. All rights reserved. INS026(20DIO1) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number COUNTS UNLIMITED, INC. BOP47635a0716 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER D95330058 03-23-2024 to 03-23-2025 03-23-2024 Issued By (Name of Insurance Company) Pacific Employers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments — Bail Bonds And Bonds To Appeal Judgments — No Sublimit 2 Medical Expenses — Three Years To Report Expenses 2 Non -Owned Watercraft Under 55 Feet 2 Non -Owned Aircraft 2 Damage To Property — Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured — Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured — Employees(including For CPR and First Aid And Volunteer Workers 3 Additional Insured — Lessor Of Leased Equipment 4 Additional Insured — Managers Or Lessors Of Premises 4 Additional Insured - Vendors 5 Additional Insured — Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You — $1,000,000 7 Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9 Bodily In'ury, Including Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Primary Provision 10 Waiver Of Subrogation Required By Contract 11 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS —BAIL BONDS AND BONDS TO APPEAL JUDGMENTS -NO SUBLIMIT In Section 11 - Liability, Paragraph A. Coverages, 1. f. Coverage Extension — Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the.policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED -EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER WORKERS In Section 11 - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for: (1)'Bodily injury" or "personal and advertising injury": (a) To you, to any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or to any co -"employee" while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above. With respect to "bodily injury" only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds. The limitations also do not apply to your "employees" as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an "employee". (2) 'Property damage" to any property owned, occupied or used by you or by any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or by any of your "employees". This limitation does not apply to "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your "volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II - Liability, Paragraph C. Who is an Insured, the following is added: 2. Each of the following is also an insured: BOP47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT e. 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 equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Wdh respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence' which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Wdh respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS g. Any person or organization who is a vendor of "your products", 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 vendors business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This 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 the 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; (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 Subparagraph (d) or (f); or (ii) 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. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: (1) Required by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; 1301347635a (07116) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 whichever is less. This shall' not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified 'under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C. Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU — $1,000,000 In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3, and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000. 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and "property damage" except damages because of "bodily injury" or "property damage' included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section II — Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. J. PER10CATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused by "occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location": BOP-47635a (07/16) Includes copyrighted material of. Insurance Services Office, with its permission, 2016. Page 7 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III — Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: Unintentional failure of an "employee" of the insured to disclose a hazard or other material 'information will not violate this condition, unless an "executive officer" (whether or not an "employee") of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III — Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b)That is insurance that applies to "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 (2) The total of all deductible and self -insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III — Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged. BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. - Page 11 of 11 Policy Number COAU576284 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMERCIAL AUTO BA 99 02 09 08 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page t of 1 Policy Number COAU576284 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does, not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (1) Paragraph A.1. — WHO IS AN INSURED — of Section II — Liability Coverage is amended to add: d. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured' under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in.a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number COUNTS UNLIMITED, INC. Policy Number S mbol: Number: 25 7178-70-98 Policy Period Effective Date of Endorsement 03123/2024 TO 03/23/2025 03/23/2024 Issued By (Name of Insurance Company) Chubb National Insurance Company Insertthe policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparatJon of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 1 % percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: 8) Authorized Representative Insure Copy POLICY D95330058 BUSINESSOWNERS BP 14 88 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS.COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions .and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. 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 BP 14 88 0713 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Page 1 of 1 Kathie Hart From: Carrie Rovney Sent: January 21, 2009 11:31 AM To: Kathie Hart Cc: Marcus Fuller Subject: RE' A5442 - Counts Unlimited (CP 06-21) ! J Kathie, Final payment was made on this contract. / n Unless Marcus says otherwise, please close. Caimie x816c From: Kathie Hart Sent: Wednesday, January 21, 2009 11:06 AM To: Carrie Rovney Subject: A5442 - Counts Unlimited (CP 06-21) CP Is this agreement still open? If yes, I will ask for ins certs. Thxl V44e Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahgwtz Canyon Way Palm Springs,CA 92262 LR (760)323-8206 1 �gj (760) 322-8332 Q9 Kathie.HartePalm5pringsCA.gov 01/21/09 Page 1 of 1 Kathie Hart From: Marcus Fuller Sent: January 26, 2009 9:18 AM To: Carrie Rovney; Kathie Hart Subject: RE: A5442 - Counts Unlimited (CP 06-21) Please close. From: Carrie Rovney Sent: Wednesday, January 21, 2009 11:31 AM To: Kathie Hart cc: Marcus Fuller Subject: RE: A5442 - Counts Unlimited (CP 06-21) Kathie, Final payment was made on this contract. Unless IlI Marcus says otherwise, please close. Y�1Q Il✓Si Cote x816o From: Kathie Hart Sent: Wednesday, January 21, 2009 11:06 AM To: Carrie Rovney Subject: A5442 - Counts Unlimited (CP 06-21) CP Is this agreement still open? If yes, I will ask for ins certs. ThA Gi Kathie Hart, CMC Chief Deputy City Clerk City of Palm 5prmgs 3200 E. Tahqurhz Canyon Way Palm Springs,CA 92262 -' (760) 323-3206 1 r'� (760)322-8332 Z Katthie.Hart@Palm5pring5CA.gov 01/26/09 CONSULTING SERVICES .AGREEMENT ,_ Counts Unlimited, Inc. CP#06-21, Citywide Traffic Volume Counts THIS AGREMENT FOR CON SULTTNG SERVICES (the "Agreement") is made and entered into this �'day of A Vie , 2001, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Counts Unlimited Inc., a Private Corporation ("Consultant"). RECITALS A. City requires the services of a Traffic Data Collection Firm for the purpose of collecting traffic volume counts for City Project No. 06-21, Citywide Traffic Volume Counts ("Project")_ 13. Consultant has submitted to City a proposal to provide traffic volume count data collection services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services.Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide traffic volume count data collection services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. 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/Work and the terms set forth in the main body of this Agreement, the tears set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. ANi)/()R AGGREEMENV Revised 2/09/D7 5p]G39^_ • 1.3 Licenses and Pcirmits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. belays 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. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A," which total amount shall not exceed $10,600. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's Controller, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City 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, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terns of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 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. 2 Revised,2109107 5076192 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A"_ The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (IQ) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 1 year from the date of this agreement, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being 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: Barbra Sackett, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the tern 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 Off cer. 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, or his/her designee, fully informed of the progress of the perfonnance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of 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. In addition, neither this Revised 2/09/07 107639.1 0 • 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. 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: Kirk D. Hards Field Technician Abe F. Carnpos Project Manager G. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B", which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, 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. 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. 4 Revised 2/09107 507639 2 8. RECORDS AND REPORTS 8.1 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. 8.2 Records. 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 and shall be delivered to City upon request of the Contract Officer or upon the temtination 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. 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 and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action_ 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as 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 and shall not be a waiver of any other default concerning the sarne or any other provision of this Agreement. 5 Revised 2/09/07 507639.2 • 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the saane default or any other default by the other party. 9.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, 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 receipt of the notice of termination, Consultant shall immediately cease all services hereunder 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 thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the 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 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. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 6 Revised,2/09/07 50709.2 To City: City of Palm Springs Attention: City Engineer 3200 E- Tahquitz Canyon Way Patin Springs, California 92262 City of Palm Springs Attention: City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Counts Unlimited, Inc. ATTN: Barbara.Sacketi_..- 25424 Jaclyn Ave. Moreno Valley, CA 92557 11.2 Ante grated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. ,f 113 Amendment. This Agreement may be amended at any time by the mutual cohsent of the parties by an instrument in writing. 11.4 Severahility. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to cant'out the intent of the parties hereunder. 11.5 Authori . 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. 7 Revised:2/M07 5u76_9.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: Y�l avo1 - By: APPRGVE!] BY CIS MANAGER David H- Ready City Manager APPROVED A; FORM: ATTEST By: By: ef Douglas on, olland, es Thompson, City Atfoniey ity Clerk "CONSULTANT" Counts Unlimited Date: By arbara a 1 tG� -" 1 P id n St hen S. Sackett ecretary $ Revised:2/09/07 5076392 EXHIBIT "A" SCOPE OF SERVICES The scope of work will be as follows; • Meet with City staff and discuss the project completely, including scheduling. • Obtain any permits required to conduct traffic volume surveys. • Conduct field surveys. • Submit hard copy survey reports for review and approval by City staff. • Conduct re-surveys based on unusual volume patterns demonstrated in the submitted draft reports. • Submit electronic survey reports. All traffic volurne survey analyses shall be conducted at the consultant's office, and all meetings with City staff will be conducted at the City of Palm Springs. The Traffic Volume Survey shall comply with standards and practices common to the industry. The Consultant shall attend a Kick-Off Meeting with City staff to discuss project parameters, scheduling constraints, and other relevant information regarding services required by this request. An overall project schedule shall be reviewed at the kick off meeting. The Consultant shall conduct field volume surveys at locations shown in Tables 1, 2 and 3 of this Exhibit. Data collection equipment shall be programmed to begin collecting data at midnight the following day and collect data for a period of twenty four hours. Mid block surveys shall be collected at a point nearest to the center of the block as possible and shall be clear of driveways. Data shall be collected in both directions from the same point. Intersection surveys shall be collected not less than one hundred feet from the intersection unless a significant traffic generator is within the bounds of this area. The data collection equipment will then be located to collect data in as efficient manner as possible. Intersection surveys will collect data for inbound traffic only, including turn lanes. Under no circurnstances will data be collected from locations that are impacted by construction, holiday or special events. The City of Palm Springs will provide a list of these events to the consultant to the best of their ability however, the consultant will responsible for exercising good judgment when collecting data- 9 Revised,2109/07 507G39.9 The Consultant shall summarize all field data and review traffic volume survey data sheets. Locations with unusual traffic patterns shall be re-surveyed. The Consultant shall submit the survey data in an electronic file format for review by City staff, Once the reports are approved, final reports shall be submitted in both hard copy format and electronic format of,each survey location. Each report shall tally counts by direction in 15 minute bncrements, hourly increments, am peak, pm peak and twenty four hour total. Hard copy reports can be e-mail in a PDP file to the City of Palm Springs to Richard.jenkins gpalmsprin.s-ca.,-ov. The electronic copy shall be in both Microsoft Excel Spreadsheet and in CVS file formats to Richard) kins cg ahnsprinZs-ca.aov. A Citywide volume survey map shall be submitted in a file format compatible with AutoCAD version 2004. A base map of the city shall be provided to the consultant for use in setting up the survey map. 10 Revised,2109/07 50709 EXHIBIT "A-1" SCHEDULE AND COMPENSATION The following Schedule of Compensation is based on rates quoted in the proposal received from Counts Unlimited, dated December 12, 2006. Description Qty Unit Rate Total Traffic Data Colleeted at locations listed in Table 1 32 EA $100 $3,200 Directional counts for HPMS Sites Traffic Data Collected at locations listed in Table 2 (PEAK SEASON COUNTS) Entering Volume Counts for intersections (4 approaches) 22 EA $200 $4,400 Entering Volume Counts for intersections (3 approaches) 6 EA $150 $900 Traffic Data Collected at locations listed in 'fable 3 (OFFSEASON COUNTS) Entering Volume Counts for intersections (4 approaches) 9 EA $200 $1800 Entering Volume Counts for intersections (3 approaches) 2 EA $150 $300 $2100 TOTAL S 10.6f10 Revised.2/09107 50763'9.1 Table 1 Annual HPMS Locations (Two direction) LOC ST NAME FROM TO COMMENTS S1 34th Ave Golf Club Drive CL 1.Margueritas S2 Alejo Road Vine Ave Farrell Drive S3 Ave Caballeros Ramon Road Tahquitz Canyon S4 Ave Caballeros Tahquitz Canyon Amado Road S5 Ave Caballeros Amado Road Tachevah Drive S6 Ave Caballeros Tachevah Drive SR I I I (Vista Chino) S7 Ave Caballeros SRI I I (Vista Chino) Racquet Club Road S8 Belardo Road Sunny Dunes Road Tahquitz Canyon Way S9 Camino Real Murray Canyon Dr La Verne Way Sl0 Camino Real La Verne Way Palm Canyon Drive Sl1 Camino Real Indian Trail S Riverside Drive S12 El Cielo Road Escoba Drive Ramon Road S13 Gene Autry Trail SRI.11 (Vista Chino) Interstate 10 S14 Indian Ave Camino Parocela Granvia Valmonte S15 Indian Ave Granvia Valmonte E Vista Chino S16 Indian Ave Tramview Road _5 Miles N ofTrarnview S17 Indian Canyon Dr Vista Chino Trarnview Road S 18 Indian Trail Palm Canyon Drive Camino Real S 19 La Verne Way Palm Canyon Drive E Palm Canyon Drive S20 Mesquite Ave Palm Canyon Drive Cerritos S21 Murray Canyon Dr S Palm Canyon Dr Toledo Ave S22 Palm Canyon Dr Acanto Drive Bogert Trail S23 Palm Canyon Dr Bogert Trail Murray Canyon Drive S24 Palm Canyon Dr Camino Parocela Granvia Valmonte S25 Ramon Road Indian Ave Ave Evelita S26 Ramon Road Ave Evelita San Luis Rey Drive S27 Ramon Road San Luis Rey Drive Landau Blvd S28 Sunrise Way Vista Chino Racquet Club S29 Tahquitz Cyn Way Belardo Road El Cielo Road S30 Via Monte Vista Crescent Drive Vista Chino S31 Vista Chino G. Autry Ti (SR111) East City Limits S32 E. Palm Canyon Dr Camino Real S Palm Canyon Dr 12 IRevlsed,2109107 507o3g,2 Table 2 Annual Peak Season Traffic Volume Count Locations (To be collected between Feb 01 and May 01 each year) (Incoming traffic on each leg of the intersection) Street Cross Street Comments 1. Avenida Caballeros Rac uet Club 2, Avenida Caballeros Tahquitz Canyon Way 3. Farrell Drive Tachevab Drive 4. Farrell Drive Tahquitz Canyon Way 5. Farrell Drive Ramon Road 6_ Indian Canyon Drive Ramon Road No data collection Thursdays 7. Indian Canyon Drive Talquitz Canyon Drive No data collection Thursdays 8. Indian Canyon Drive Racquet Club Road 9. Indian Canyon Drive Garnet Road 10. Indian Canyon Drive Calle San Rafael Road 11. North Palm Canyon Drive Alejo Road No data collection Thursdays 12. Palm Canyon Drive Tahquitz Canyon Way No data collection Thursdays 13. South Palm Canyon Drive Ramon Road No data collection Thursdays 14. South Palm Canyon Drive East Palm Canyon Drive 15. Sunrise Way Tahquitz Canyon Way 16, Sunrise Way Ramon Road 17. Sunrise Way Racquet Club 18. Sunrise Way Calle San Rafael Road 19. Mesquite Ave El Cielo Road 20. Mesquite Ave Vella Road 21. Sunrise Way Sunny Dunes 22. Sunrise Way Baristo Road 23. Farrell Drive Baristo Road 24. El Cielo Road Baristo Road 25. Crossley Road Mesquite Ave 26. Ramon Road Crossley Road 27. El Cielo Ramon Road 28. Gene Autry Trail Ramon Road Revised:21p9107 507639 Table 3 Annual Off Season Traffic Volume Count Locations (To be collected between Feb 01 and Sep 01 each year) (Incoming traffic on each leg of the intersection) Street Cross Street Comments 1. El Cielo Road Ramon Road 2. Farrell Drive Ramon Road 3. Gene Autry Trail Ramon Road 4_ Indian Canyon Drive Ramon Road No data collection Thursdays 5. Indian Canyon Drive Racquet Club Road 6_ Indian Canyon Drive Garnet Road 7. Sunrise Way Ramon Road 8. Sunrise Way East Palm Canyon Drive 9. Sunrise Way Racquet Club 10. Palm Canyon Tabquitz Canyon No data collection Thursdays 11. Ramon Crossley 14 Revised:909J07 50763n 2 EXHIBIT "B" INSURANCE Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under 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 tern of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insured 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. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars (S1,000,000) combined single limit coverage per occurrence; 2. Automobile liability insurance with limits of at least one million dollars (S1,000,000) per occurrence; 3. 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 (S1,000,000) per occurrence_ For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of 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. B. Sufficienev of Insurers. Insurance required herein 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 VIII, or better, unless otherwise acceptable to the City_ �5 Revised 2/09/07 507639'_ C. Verification of Coverage. Consultant shall famish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting 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 Fonn 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 a specific contract" 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 a specific contract" 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 such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waive of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. Failure to obtain the required documents prior to the connnencement of work shall not waive the contractor's obligation to provide them_ Cancellation Example. SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL DEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN nT T r, Ir r Tn r r n rr cr r u m rnTlC r n r r r208E NO OBLI =n TIQN nr 1LITY OF ANY KIND . 14PO�i HE 44 Rnp,,�Tc n r_r rrTc nn n r.n n renwrT & lG Revised 2/09/07 907639.2 • • *The broker/agent can include a qualifier stating "10 days notice far nonpayment ofpremium." Waiver of Subrogation Example: "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. E. Severabilitv_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. 17 Revised:909107 507639 3 A`� a A5 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/06/2021 PRODUCER (855) 266-2135 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fixated Financial 6 Insurance Solutions, Inc. P.O. Box 2445 Newport Beach CA 92659- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Counts Unlimited, Inc. P.O. BOX 1178 Corona CA 92878- INSURERA:PacifiC Employers 20626 INSURER&AZGUARD Insurance CO. 43290 INSURERC:CRUBB National Ins. Co. 10052 INSURERRMaxkel Insurance Co. 38970 INSURER E: COVFRAGFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDI TYPE OF INSURAINCF POLICY NUMBER POUCYEFFECTIVE 03/23/2021 POUCYEXPIRATION LIMITS A X GENERAL LIABILITY D95330058 03/23/2022 EACH OCCURRENCE $ 2,000,000 PR MIS E E 1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE EXI OCCUR / / / / / / / / MED EXP (Any one Pwaon) $5,000 PERSONAL SADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 4,000,000 / / / / X POLICY PRO LOC JECT B X AUTOMOBILE LIABILITY ANY AUTO COAU285494 03/23/2021 / / 03/23/2022 / / COMBINED SINGLE LIMIT (Ea Accident) $ 11000,000 X BODILY INJURY (Per PeraP^) $ ALL OWNED AUTOS SCHEDULED AUTOS / / / / X BODILY INJURY (Per acddwt) S HIRED AUTOS NON -OWNED AUTOS / / / / / / / / X X PROPERTY DAMAGE (Per accident) E COMP DED. $1,000 / / / / X COLLISION DED $1 000 GARAGE LIABILITY / / / / AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO / / / / S AUTO ONLY: AGG EXCESS/ UMSRELLAUABIUTY OCCUR CLAIMS MADE / / / / / / / / EACH OCCURRENCE S AGGREGATE $ $ DEDUCTIBLE / / / / E RETENTION $ C WORMERS COMPENSATION 'AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOWPARTNER/EXECUTIVE OFFICERNEMBER E%CLLDEW i NH) (22) 7178-70-98 03/23/2021 03/23/2022 X I WCSTATU- OTH- E.L. EACH ACCIDENT E 1,000,000 2L, DISEASE - EA EMPLOYE $ 1,000,000 If yes deoryln If yes 4e PROentoe ISIO SPECIAL PROVISIONS below EL DISEASE -POLICY LIMIT $ 1 OOO OOO OTHER Professional Liab. ME02490-02 06/10/2021 06/10/2022 Aggregate Limit 1,000,000 D / / / / Each Claim 1,000,000 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The insurance shall be primary with respect to the insured shown in schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the named insured's scheduled underlying primary coverage, in either event, any other insurance maintained by the insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. •10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IVCR If IVM1C nVLUGR I.ANUIZLLH I IUIN SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION RECEIVED JUL 1 2 2021 DATE THEREOF, THE ISSUING INSURER WILL XdUEXYWOW MAIL 30 DAYS WRITTEN NOTICE TO HE CERTIFICATE HOLDER NAMED TO THE LEFT,AIAXIVAMXtE)=X N6OS(0kKX City of Palm Springs )MPg43p8(gy�pXxMytXpg�pRB((pNapRpKp�(pXmABcacgsaWXpOyYDRc 3200 E. Tahquitz Canyon Way XXORES XX AUTHOW RE RESENTA Palm Springs CA 92262- v ACORD 25 (2009101) 8-20 RD CORP . ll rights reserved. uaUZD,2X901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUUKU Z5 (ZUUU/U1) INS025 (zooem) Policy Number: D95330058 Commercial General Liability BOP-47635a (07/16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs 3200 E. Tahquttz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with'respect to-liabilify arising out of"your work"'foi that insured by; of for you. SUCH INSURANCE AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS, OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE NON-CONTRIBUTING. BOP-47635a (07/16) copyright, Insurance Services Office, Inc., 2016 Page I of 1 POLICY NUMBER: D95330058 BUSINESSOWNERS BP 04 48 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - - — SHEDULE - -- - Name of Person Or Organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents WHO IS AN INSURED (Section II) is amended to include as an additional inured, the person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insured afforded to these additional insureds, the following additional exclusions apply: 1. Coverage does not apply to "bodily injury" to an "employee" of the named insured. 2. This insurance does not apply to "bodily injury" or "property damage" occurring after: a. All work, including materials, part or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises, has -bee to its intended use by anyperson or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WORKERS COMPENSATION This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms apart of (22) 7178-70-98 Issued to: Counts Unlimited, Inc. By: CHUBB National Insurance Co. Premium (if any) - ---- We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Palm Sprin s 3200 E. Tahquttz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents WC 040306 (Ed. 4-84) Countersigned by Authorized Representative 9 VGUARD GROUP 3ijz G U �' 'on , COMMERCIAL AUTO BA99020908 a Berkshire Hathaway company Comp • Businesiowne,'s • Auto • Umbrella BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: Policy No: COAU285494 BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. ----- SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract - (1) Paragraph A.1. — WHO IS AN INSURED — of Section II —' Liability Coverage is amended to add: d. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury' or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such _ -written contract, and:,,— --- (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured's ;awn insurance.._ — - . (4) Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 r DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 03/21/202 03/21/2024 PRODUCER (855) 266-2135 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fixated Financial S Insurance Solutions, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 2445 Newport Beach CA 92659- INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA.Pacific Employers 22748 INSURER B ANGUARD Insurance CO. 42390 Counts Unlimited, Inc. INSURER c CHUBB National Ins. Co. 10052 P.O. Box 1178 INSURER°. Markel Insurance CO. 36970 Corona CA 92878- INSURER E Starstone National Insurance 25496 r:nVFRAr:FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION T POLICY NUMBER TE MI / n LIMITS A X GENERAL LIABILITY D95330058 03/23/2024 03/23/2025 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY / / / / DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS MADE X OCCUR / / / / MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER. / / / / PRODUCTS COMP/OP AGG $ 4,000,000 I PRO- X POLICY LOC S X AUTOMOBILE LIABILITY COAU576284 03/23/2024 03/23/2025 COMBINED SINGLE LIMIT $ 1, 000, 000 ANY AUTO / / / / (Ea accident) X ALL OWNED AUTOS -- - / / / / BODILY INJURY SCHEDULED AUTOS / / / / (Per person) $ X _ HIRED AUTOS -- / / / / BODILY INJURY X NON -OWNED AUTOS / / / / (Per accident) $ X COMP DED. $1,000 / / / / PROPERTY DAMAGE $ X COLLISION DED $1,000 / (Par accident) GARAGE LIABILITY / / / / AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ / / AUTO ONLY. AGG IS EXCESS / UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ _ OCCUR .,CLAIMS MADE / / / / AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ / $ C WORKERS COMPENSATION (25) 7178-70-98 03/23/2024 03/23/2025 X VJC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N -- _ ANY PROPRIETOR/PARTNER/EXECUTIVE / / / / E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) / / / / E. L. DISEASE - EA EMPLOYEE$ 1,000,000 It yes describe undw SPECIAL PROVISIONS below / / E.L. DISEASE - POLICY LIMIT $ 1,000.000 OTHER Professional Liab. ME02490-04 06/10/2023 06/10/2024 Aggregate Limit 2,000,000 D / / / / Each Claim 2,000,000 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The insurance Shall be primary with respect to the insured shown in schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the named insured's scheduled underlying primary coverage, in either event, any other insurance maintained by the insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM ( ) APR 0 1 2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL 90MOXXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTjFXXI(41NX4000= City of Palm Springs OFFICE OF THE CIT�>�>a(>,^�$>� 3200 E. Tahquitz Canyon Way XKkV%XKN) 1X II CA 92262- AUTHORIZED ACORD 25 (2009101) © 1988-2009 ACORD CORPORATION. All rights reserved. INJU25 (2W901) The ACORD name and logo are registered marks of ACORD = . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer -rights to the certificate holder in lieu of such endorsement(s). -- 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). " DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies -listed thereon. =50, ; +) ;0111c d AGOKD 25 (2UUa/U7) INS025(2oosoi) L11�9GI_*�YaLr►1.I_L[94J,IA► IR241!IBIG] :RiAkhI=IgkI Named Insured Endorsement Number COUNTS UNLIMITED, INC. BOP47635all6 Policy Symbol Policy Number Policy Pedod Effective Date of Endorsement SER D95330058 03-23-2024 to 03-23-2026 03-23-2024 Issued By (Name of Insurance Company) Pacific Employers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments — Bail Bonds And Bonds To Appeal Judgments — No Sublimit 2 Medical Expenses — Three Years To Report Expenses 2 Non -Owned Watercraft Under 55 Feet 2 Non -Owned Aircraft 2 Damage To Property — Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured — Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured — Employees(Including For CPR and First Aid And Volunteer Workers 3 Additional Insured — Lessor Of Leased Equipment 4 Additional Insured — Managers Or Lessors Of Premises 4 Additional Insured - Vendors 5 Additional Insured — Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You — $1,000,000 7 Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9 BodilyInjury, IncludingResultingMental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal Injury, IncludingDiscrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, IncludingPrima Provision 10 Waiver Of Subrogation Required B Contract 11 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS — BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II - Liability, Paragraph A. Coverages, 1. f. Coverage Extension — Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11 1. A subsidiary.organiiatiorf of:the first Named'Insured, shown` in th'e Declarations of whicfi, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50-percent of the interests entitled to vote generally in the election of the governing body_of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declaraicris-thaf'the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured. - controls, either directly or indirectly,- more than 50 percent of the interests entitled to vote gerierally in the election of the governing, body, of such organization. G. WHO IS AN INSURED EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for: (1)"Bodily injury" or "personal and advertising injury": V(- (a) To you,.to any of your directors, managei`s,.members, "executive officers" or partners. (whether or'riot h '.'employee") or to.any co"employee' while such injuredperson'is' ' either in the course'of his or her employmentorwhile'perforining duties related to the" conduct of -your business; _ _ (b) _To the brother, child, parent, sister or spouse of such injured •person as a consequence of any injury described in Paragraph_(a).above;'or r- (c) For which there is any obligation to -share damages with or(.repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above. With respect to "bodily injury" only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your, directors; managers, members, "executive officers", partners or supervisors as insureds. The limitations also do not"apply-toyour,;Iemployees" as insureds, with respect to -such damages caused by cardiopulmonary resuscitation or first aid services administered by such -an "employee". (2) "Property damage" to any property owned, occupied or used by you or by any of your dire ctors,,managers, members, "executive officers" or partners.(whether or.not an "o"r employee") by any of your "employees'. This limifation does not apply to "property ' damage" to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your "volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS. _ In Section II - Liability, Paragraph C. Who is an Insured, the following is added: 2. "Each of the following is'also an insured: , BOP=47635a (07/16)' Includes copyrighted,material of Insurance Services Office; with its permission, 2016: Page 3 of 1 V LESSOR OF LEASED EQUIPMENT e. 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 equipment leased to you by such person or organization and only if you are required by a contract or agreement to•provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2) Will not be broader than that which you are:required•by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. - MANAGERS OR LESSORS OF PREMISES f. Any person or•organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of.the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only,applies.to the extent permitted by law;.and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes -place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such - additional insureds. VENDORS g. Any person or organization who is a vendor of "your products", 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 vendors business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you'.are': required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional'ezclusions apply: (1) This 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 the 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; - , - � . r ' (a) 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 Subparagraph (d) or (f); or (ii) 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. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: (1) Required by the contract or agreement; or , (3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP-47635a (07116) Includes, copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy., However, such a person or organization-is'an insured only: (1) To the extent such contract or agreement requires the additiohal.insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is,an insured under this provision: ; (1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). _ - , (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C. Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a. Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly,for any: (1) 'Bodily injury' or"property damage" that occurred; or , (2) 'Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. _. With respect to the insurance afforded to the persons or organizations described; in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits,Of Insurance shown in the Declarations. L, DAMAGE TO PREMISES RENTED TO YOU _ $1,000,000 - In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following:, , 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business -Liability Coverage for damages because of "property: damage" to -any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000. 4. Aggregate Limits The most we will pay: for: . a. All "bodily injury' and "property damage' that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) 'Bodily injury" and "property damage" except damages because of "bodily injury' or "property damage' included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section ll — Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed -part of the last preceding period for purposes of determining the Limits of Insurance. J. PER LOCATION GENERAL AGGREGATE LIMIT..WITH COMBINED TOTAL AGGREGATE LIMIT. In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused by "occurrences" under Paragraph A.I. Business Liability; and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "locatioh BOP-47635a (07/16) _ Includes copyrighted material of Insurance Services Office,'with its permission, 2016. Page 7 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III — Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: - Unintentional failure of an "employee" of the insured to disclose a hazard or other material information will not violate this condition, unless an "executive officer" (whether or not an "employee") of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III — Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following: 1 H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph'2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work" (b)That is insurance that applies to "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage, or - (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 (2) The total of all deductible and self -insured amounts under all that other insurance. d. We 'will share the remaining loss, if,any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the'Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III — Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: .. 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such, loss. - To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged. BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 11 of 11 Policy Number. COAU576284 COMMERCIAL AUTO BA 99 02 09 08 0,13LANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following:'" " BUSINESS AUTO COVERAGE FORM t' 'With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV'- BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the'following:'. We waive an right of recove we, may have against an y g ry. y g y person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number COAU576284 COMMERCIAL AUTO BA 99'04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by.the endorsement. , This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos. Additional Insured When Required by Contract (1) Paragraph A.I. —.WHO IS AN INSURED of Section II — Liability Coverage is amended to add: d. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits -of, insurance, specified in the' writteri' contract or written agreement; or' (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties -in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. BA 99 04 06 18 -Includes copyrighted material of Insurance Services Office, Inc., with its permission. - - ' .-Page 1'of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number COUNTS UNLIMITED, INC. Policy Number Symbol: Number. 25 7178-70-98 Policy Period Effective Date of Endorsement 03/23/2024 TO 03/23/2025 03/23/2024 Issued By (Name of Insurance Company) Chubb National Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: -- The -premium -charge -for -this endorsement shall be -1% —percent of the-California-premium.developed-on-payroll-- — in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: WC 90 03 75 (05/18) Authorized Representative Insured Copy