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HomeMy WebLinkAbout05258 - MUNI FINANCIAL PROPOSITION 218 NOTICING & BALLOTING SERVICES LIGHT AND PARKWAY MAINTENANCE DISTRICTS DOCUMENT TRACKING Page: 1 Report: Soon to Expire Documents Listing February 5,2447 Condition: Expire Within 90 days,ALL Groups,ALL Services, ALL XREFs Document#i! Company Group Service Aorvl Date Expire Date Close Date A0505C Rosenow Spevacek Group COMMUNITY &. . In Flle 02/08/2006 0210fi d007 A4218 Coast Intelligent Inc ASST CM-OPS In File 05/03/2000 05M 2007 A4487 V S A Airports AIRPORT In File 04/24/2002 04/232007 A4513 Courtesy Vending Service AIRPORT Lease Agreement 06105120H 04l3012D07 A4671 California Office Of Traffic Safety POLICE DEPARTMENT In File 02/19/2003 03131l2007 A4865 .6do Coachella Valley Taxi Owners AIRPORT Lease Agreement 04f0712004 04/14/2007 A4874 F, .�� LSG Sky Chefs AIRP Lease Agreement 0412112D04 042ll2007 A5086 Palm Springs Classic LLC NGINEERING In File 05104l2005 05/042007 A5087 Palm Springs Classic LLC ENGINEERING In File 05/04/2005 0510412D07 A5088 Palm Springs Classic LLC ENGINEERING In File 05/04/2005 05/04/2007 A5089 Palm Springs Classic LLC ENGINEERING In File 05104/2005 05/04/200 00 A5162 Workforce Dev Clr-Riverside County COMMUNITY & In File 09l07l2005 03/16/2007 A5167 Southern California Sall &Testing AIRPORT In File 09/27/2005 05/01/2007 A5229 Maxwell Security CITY MANAGER In File 02/1012006 02110l2007 A5240 Terra Nova Planning & Research Inc PLANNING In File 02/14/2006 02/13/2007 A5245 MuniFinanal CI1]'Jv1A,1r INC; In File 03r10I2006 03709Y2007 A5240 Eire Economics ENGINEERIN In File 04104/2006 0228/2007 A5251 Dudek&Associates Inc PLANNING In File 04I04I20% 04/032007 A52 ll _ MuniFinancial GINEERING In File 0410512 0 0 6 IMM 112007 A5307 Llafg� Fentress Brad burn Architects LTD CITY MANAGER In File (1510312006 05/0212(107 A5333 MSA Consulting DEVELOPMENT... In File 0910612006 04/01/2007 ri- A5347 Burnett Development Corporation PLANNING in Fire 1110212l)D6 04/01/2007 A5353 C4C 1 ` Granite Construction AIRPORT In Process 1010 0v"4120 04130@Oo7 A5369 Palm Springs Air Museum AIRPORT Incomplete 1 Missing 11/0112006 03/24/2007 r + A5389 �`�N`-� LaBelle-Marvin Inc��, ENGINEERING 15 File 12/0V2006 02/13/2007 a a� o END OF REPORT ai. ,Zl�ja? MuniFinancial Noticing & Balloting Services A5258 MO 7846 04-05-06 CONTRACT SERVICES AGREEMENT FOR PROPOSITION 218 NOTICING AND BALLOTING SERVICES CITY OF PALM SPRINGS LIGHTING AND PARKWAY MAINTENANCE DISTRICTS (SHORT FORM) THIS CONTF' ACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this —day of e,�/ fir, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City")and Muni Financial (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses,Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Nine Thousand Eight Hundred and No/100 Dollars ($9.800.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Jim McGuire is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Marcus Fuller is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein -1- ©R!6GIuNPOL 71'D may be assigned or transferred,voluntarily or by operation of law,without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its agents or employees, are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procureand maintain,atitssolecostand expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit A. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurershall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents,and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in anyway the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. -2- 4.2 Indemnification. Contractor agrees to indemnify the City, its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions,suits,claims,damages to persons orproperty, losses, costs, penalties,obligations,errors, omissions or liabilities,(herein"claims or liabilities")that maybe asserted orclaimed byany person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered againstthe City, its officers,agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the eventthe City,its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 4.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage bythe City Managerto the City Council of Citywithin ten(10)days of receipt of notice from the City Manager. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force for one year from the date of execution. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time,with orwithout cause, upon thirty(30)days written notice to the other party. -3- Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs,executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its :successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings, if any, between the parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 SeverabilitV. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. -4- A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a partyto any action or proceeding in anyway connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is dulyorganized and existing, (ii)theyare dulyauthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this ,Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS - ATTEST: a municipal corporation By y lerk City Manager APPROVED By CIPROUNCIL V APPROVED AS dFORM: MuniFi ancii CONTRACTOR: Check one:_Individual_Partnership XXCorporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B.Secretary,Assistant S�ec/�reta/ry,Treasurer,Assistant Treasurer,or Chief Financial Officer). Bv. ✓/i z_ /_ By: .-'.'-ice i Sign ure o%izeoY- —' Signature(notarised) Name: Frank G.Tripepi Name: Roy L. Gill Title: Presidentt and CEO Title: Secretary State of I Slate or!Z�bu"r\s-C. I County of �.f Iss /J County of(?r e.� Iss (� p (I (((''��� On R/'lCo1L �l l /`' � On fn � *.-�..^�:Sts'�� te�ti' r(toYc.rv-'�ln.°Kc � before me, f7N'i'R'/IC ��T J/ b before me, a= personal a� eared p ly pp FRn1K C-r• 7-i2uxtpj personally appeared A C-'" personally known to me personally known to me ( he-baais-ef isetisfea2erq-evirlenee)to be the person(4c)whose name(e)is/afe saNsfaetaq-evidenee}to be the person(S)whose namets)is/ark subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/[o Aheir authorized that he/streAhEy executed the same in his/hed,[hair authorized capacity(ies), and that by his/herAheir signature(a) on the capacity(ies}, and that by his/herithelr signature(Eq on the instrument the person(s),or the entity upon behalf of which the instrument the person(s.),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s,)acted, executed the instrument. WITNESS my hand'and official seal. WITNESS my hand and official seal. Notary Signature: dN Notary Signature: , C'j Notary Seal: Notary Seal: ARLENE ROMANELLI CATHALEEN D.STEELE •s. '� 'm' Commission #7 1389859 z Y Commission# 1483234 a. �., Notary Public - California :_� Notary Public-California Los Angeles County Orange County � My Co Expires Jon 10,2007 My Comm.Expires Apr 13,2008 i -6- EXHIBIT "A" SCOPE OF WORK 'This contract provides the City of Palm Springs with Proposition 218 Noticing and Balloting Services related to the proposed assessment increases for seven (7)of the City's existing districts formed pursuant to the Street Lighting Act of 1931 and the Landscaping and Lighting Act of 1972. Contractor shall perform the following services to provide Proposition 218 Noticing and Balloting Services for the proposed assessment increases in fiscal year 2006/2007 related to the City's following Districts: Lighting District No. 1 - Belardo Road Area; Lighting District No. 2 - McManus Drive; Lighting District No. 4 - Eagle Way Area; Parkway Maintenance District No. 6B - Parkside Estate; Parkway Maintenance District No. 6C - Park Sonora Tract; Parkway Maintenance District No. 8 -Vintage Palms; and, Parkway Maintenance District No. 9- Flora Vista. Collectively, these seven (7) districts consist of approximately 500 parcels. 'Task 1: Review Documentation Contractor shall review City-provided documentation, background materials and assessment data regarding the proposed assessment increases thatwill be necessary for preparation of the required notices and ballots. Contractor shall rely on the City to provide information related to the improvements, budgets, the methods of apportionment and assessments for both the previous fiscal year(2005/2006), and the proposed assessments to be balloted for fiscal year 2006/2007. One (1) telephone conference call with City staff shall be included with regarding the districts' background and issues,content of the notice and to secure relevant documentation for Contractor's review. 'Task 2: Develop Database Contractor shall use the base electronic assessment data provided by the City and the latest property owner information from the County Assessor's Office secured roll to establish a mailing database for the project.As warranted,Contractorshall incorporate updated ownership and mailing unformation provided by the City. When finalized, this parcel specific data will be electronically emerged with the public workshop notices, public hearing notices and ballots to be prepared and mailed to each affected property owner. If requested, Contractor shall provide the City with a copy of this mailing database. 'Task 3: Prepare Notices and Ballots It is anticipated that this project will require two (2) separate mailings to each of the affected property owners. The first mailing will be a notice of the time and place that City staff will be conducting a property owner workshop for each district(Workshop Notice);the second mailing will be the actual notice of the public hearing and ballots required by Proposition 218 (Notice/Ballot). Contractor shall prepare a draft(template)of each of these three(3)documents and present them to City staff for review and comment prior to the actual mailing. The Workshop Notice will be a single page double-sided piece that prominently identifies the time and place of the planned property owner workshop and a list of questions and answers frequently asked by property owners regarding assessments and the balloting process. The Notice/Ballot to be mailed to each affected property owner will be prepared in accordance with the requirements of Proposition 218. -7- Task 4: Draft Resolutions Utilizing the City's format for resolutions, Contractor shall draft six (6) resolutions for the City Council to adopt in conjunction with the balloting process. All seven (7) of the districts will be addressed as a group in each of the resolutions, rather than six (6) separate resolutions for each district. For the Intent Meeting — the Resolution Initiating Proceedings; Resolution Preliminarily Adopting the Engineer's Report(proposed assessment increase); and the Resolution of Intention (that sets the public hearing and calls for mailed ballots). For the Public Hearing — Resolution Declaring Results of the Ballots; Resolution Approving the Engineer's Report (as submitted or amended); and Resolution Ordering the Levy and Collection of Assessments. Contractor shall provide copies of draft resolutions to City staff for review. Task 5: Mail Notices and Ballots Contractor shall be responsible for preparing the mail merge, printing and first-class mailing of the workshop notice and required public hearing notices and protest ballots. Contract compensation includes all printing, supplies and postage expenses associated with the mailings. The required notice and ballot will be mailed to each property owner of record at least 45 days prior to the scheduled public hearing and will include a return envelope for ballots (return postage not provided).We rely on the latest property owner information from the County Assessor's Office for mailing information and will not be responsible for tracking or updating addresses or re-mailing any undeliverable notices and ballots. Task 6: Tabulate Ballots Contractor shall attend one (1) public hearing and coordinate with the City Clerk to tabulate the ballots.Contractor shall use its independent software program that quickly and accurately tabulates all ballots submitted up to and at the close of the Public Hearing. Special Notes: Section 4.3, Performance Bond, is waived. In accordance with Section 4.1 (d), a policy of$1,000,000 of professional liability insurance shall be provided. -a- EXHIBIT"B" SCHEDULE OF COMPENSATION The total maximum not to exceed contract sum of$9,800.00 shall be compensated no more than monthly, as determined by City approved invoices indicating a "Percentage Complete" of the required services, up to a maximum of 75% of the total contract sum. Compensation for services considered more than 75% complete shall be compensated upon completion of all services required (or 100% complete). -9- Client#: 6540 WILLDAN ACORLY CERTIFICATE OF LIABILITY INSURANCE 03/23/06Drr) PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O.,Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 ! 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: Zurich American Insurance Co. MuniFinancial INSURERS American Automobile Ins. Co. 27368 Via Industria, Suite 110 INSURERC. XL Specialty Insurance Co. Temecula, CA 92590 INSURER D- INSURER E COVERAGES 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. IN SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDDIYY DATE MMIDDIYV A GENERAL LIABILITY GL0904316300 11/09/05 11/09/06 EACHOCCURRENCE _ $1,WQ QOO___ X COMMERCIAL GENERAL LIAR ILITY FIRE DAMAGE(Any one rim) $1,O]00000 _ CLAIMS MADE uOCCUR INDP. CONTRACTORS MED EXP(Any one person) r$10000 X CONTRACTUAL INCLUDED PERSONAL&ADV INJURY $1 O00 OOO �XBFPr GENERAL AGGREGATE s2000O00 D, XCU 'L AGGREGATE LIM ITAPPLIES PER. PRODUCTS -OOMPLO_P_AGG s2,000,00 POLICY PEO Loc Deductible $25 000 A AUTOMOBILE LIABILITY BAP904316200 11/09/05 11/09/06 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident)— — — ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY XI NON-OWNEDAUTOS (PeraaadenU $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY iAUTOONLY-EAACCIDENT $ _ _ _ ___ ANY AUTO OTHER THAN EA ACC _$ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE IS 1 OCCUR CLAIMS MADE AGGREGATE $ $ —H DEDUCTIBLE I$ _ RE]'ENTION $ $ B WORKERS COMPENSATION AND WZP80936177 11/09/05 11/09/06 )( WCSTATU- 0TH- I WC ST TU- F_R EMPLOYERS'LIABILITY IE.L EACH ACCIDENT $1,000,000 E L DISEASE-EAEMPLOYEE $1,000,000 EL DISEASE -POLICY LIMIT $1�0 C OTHER Professional DPR9415196 11/09/05 1 111/09/06 $1,000,000 per claim (Liability $1,000,000 annl aggr. $250,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Proposition 218 Noticing and Balloting Services City of Palm Springs, its officers, agents and employees are additional (See Attached Descriptions) CERTIFICATE HOLDER AD D ITIONAL INSURED;INSURER LETTER: CANCELLATION Ten Day Notice for Non-PaymentiPremium SHOULD AIJYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE TH E EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30—,DAYSWRITTEN Atfi: Marcus L. Fuller, P.E., P.L.S NOTICETOTHE CERTIFICATE HOLDERNAMED TOTH E LEFT,BUTFATURE TO DOSOSHALL Depart.of Public Works IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITS AGENTS OR 32100 E.Tahquitz Canyon Way REPRESENTATIVES. Palm Springs, CA 92262-2743 AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #S153865IM143254 RLL a ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) insured as respects to General and Auto Liabilty as required by written contract.Waiver of Subrogation applies to GL as required by written contract. Waiver of Subrogation for Work Comp is included as required by written contract. (Muni Financial) AM8 25.3(07/97)2 of 2 #5153865/M143254 0 Additional Insured—Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Policy No Eff.Date of Pot Exp D I Producer Add'1 Prem. Return Prem. GLI104311311 11/09/05 11/09/06 11/09/05 Bealey,Renton THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This eado...ement modifies asurance provided node.the. Commercial General Liability Coverage Part A. WHO IS AN INSURED(Section II)is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to"bodily injury","property damage"or"personal and advertis- ing injury"covered under Section I,Coverage A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B,PERSONAL AND ADVERTISING INJURY LIABILITY,but only if: 1. The"bodily injury"or"property damage"results from your negligence;and 2. The"bodily injury","properly damage"or"personal and advertising injury"results directly from: a. Your ongoing operations,or b. "Your work"completed as included in the"products-completed operations hazard',performed for the additional insured,which is the subject of the written contract or written agreement. C. However,regardless of the provisions of paragraphs A.and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy;or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement;and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of. a. The Limits of Insurance provided to you in this policy,or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury","property damage"or"personal and advertising injury"that results solely from negligence of the additional insured,or 2. "Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering or failure to render any professional architectural,engineering or surveying services including U-G6-I175-A CGV(9103) Page I of 2 a. The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and b. Supervisory,inspection,architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim: 2. We receive written notice of a claim or"surf"as soon as practicable;mid 3 A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location.Then we will share with that other insurance by the method de- scribed in paragraph 4.c.of SECTION TV-COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL- 1175-A CW(9/03) Page 2 of 2 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date or Poi. Exp. Date of Pol. EtE Date ofEnd Producer MO.Prenr Return Prem. 13LI1914116300 11/19/05 11/09/06 11/09/05 Dealey,Renton N/A NSA Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B Cw(1 2101) Page 1 of I POLICYNUMBER: BAP904316200 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organization(s) City of Palm Springs Att : Marcus L. Puller, P .E . , P .L. S Depart . of Public Works 3200 E . Tahquitz Canyon Way Palm Springs , CA 92262-2743 BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Name of Person or Organization Continued: its officers, agents and employees CA20 48 07 97 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 a part of Policy No. WZP8093 GI77 Issued to: Muni Financial By: American Automobile Ins . Co . Premium (if any) TBD 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 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs Person or Organization: its officers, Att : Marcus L . Fuller, P . E . , P .L. S agents and employees Depart . of Public Works 3200 E . Tahquitz Canyon Way Palm Springs, CA 92262-2743 WC 04 03 016 Countersigned by (Ed. 4-84) Authorized Representative Best's Rating Center- Search Results Page 1 Page 1 of 2 ^ ' B" Ra t i' rt er �. �'j View Ratings: Financial_strength Issuer Credit Securities Advanced Search Other Web Centers Select One Search Results page 1 of 4 1 61 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with zurich To refine your search, please use our Advanced Search or view our Online Help for more information. New Search zudch —'View results starting with: A B C D E F G H_ I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ AMB# TM' Company Name "' Rating `" Implication Long-Term Implication Short-Term Domicile 02563 Zurich American Insurance Company A Stable a+ Stable US, New Y, (Property/Casualty-Insurance Company) 03565 Zurich American Insurance Company A Stable a+ Stable US: Illinois of IL (Property/Casualty-Insurance Company) 77402 Zurich Argentina Cie de Sag SA NR-5 Not Argentina (Composite-Insurance Company) Applicable 84155 Zurich Assurance (2004) c NR•3 Not United Kinc (Life/Health-Insurance Company) Applicable 85813 Zurich Assurance Ltd NR 4 Not United Kinc (Life/Health-Insurance Company) Applicable 83775 Zurich Australia Limited NR-5 Not Australia (Life/Health-Insurance Company) Applicable 86265 Zurich Australia Limited NR•5 Not Australia (Life/Health-Insurance Company) Applicable 86167 Zurich Australian Insurance Limited NR-5 Not Australia (Property/Casualty-Insurance Company) Applicable 86972 Zurich Brasil Seguros S A NR-5 Not Brazil (Composite-Insurance Company) Applicable 59116 Zurich Capital Trust I Switzerlanc (Composite-Funding Entity) 86260 Zurich-Companhia de Seguros S.A. NR•5 Not Portugal Applicable (Property/Casualty-Insurance Company) 77272 Zurich Compama de Seguros. S X NR-5 Not Mexico (Property/Casualty-Insurance Company) Applicable 86261 Zurich Espana Cia Segurosy_ NR-5 Not Spain Reaseguros Applicable (Composite-Insurance Company) 59172 Zurich Finance-U( K) PIC Switzerlanc http://www3.ambest.coni/ratings/RatingsSearch.asp?A1tSrc=9 04/10/06 Best's Rating Center - Search Results Page 1 Page 1 of 1 r 1 a ter ' 4�,-1 View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select one Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with amerlcan automobile To refine your search, please use our Advanced Search or view our Online Help for more information. New Search jamerican automobile View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings 1 Outlook/ L . Outlook/ y y AMB# .' Company Name Rating Implication Long-Term - Implication Short-Term Domicile 02176 American Automobile Insurance A Stable a Stable US: Missou Company (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0411012006 02:45 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service 1 Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M. Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.A. http://www3.amhest.com/ratiiigs/RatingsSearch.asp 04/10/06 Best's Rating Center - Search Results Page 1 Page 1 of 1 z RaMgphter I";i View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with xl specialty To refine your search, please use our Advanced Search or view our Online Help for more information. New Search xl specialty I View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W XY Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ *' AMB# '"' Company Name v Rating Implication Long-Term "' Implication + Short-Term '% Domicile 00779 XL Specialty Insurance Comps A+ Stable aa- Stable US: Delaw� (Property/Casualty-Insurance Company) 89498 XL Specialty Insurance Company United Kinc UKB (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0411012006 02:45 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent �.. p q q evaluation of company's -. -.. p ndent opinion,based on a comprehensive quantitative and qualitative evaluation of a balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.ainbest.coin/ratings/RatingsSearch.asp 04/10/06 CONTRACT ABSTRACT Contract Company Name: Muni Financial Company Contact: Jim McGuire Summary of Services: Prop 218 Noticing and Balloting Services for LDs&PWDs Contract Price: $9,800 Funding Source: 001-4301-43600,001-4301-43610,001-4301-43630,001-2451-43540, 001-2451.43550,001-2451-43570,and 001-2451-43580 Contract Term: Expires April 5, 2006 Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Marcus Fuller Contract Approvals et Council/Ean F9YyTc{rWaaManane April 5, 2006 Minute Order : 7846 Agreement Number: 5258 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: FAL,i " MEMORANDUM k � y xnx �9: "'CwzoF.ntC.n' TO: Carrie Rovney, Engineering FROM: Kathie Hart �9 Chief Deputy City Clerk DATE: April 14, 2006 SUBJECT: MuniFinancial - A5258 - MO 7846 04-05-06 (Prop 218 noticing & Balloting Services) cc: File Attached is a duplicate original copy of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment