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HomeMy WebLinkAbout05111 - HARRIS REALTY APPRAISAL CONSULTANT SERVICES COMMUNITY FACILITIES DISTRICT ESCENA PALM SPRINGS Page 1 of 1 Cindy Berardi From: Carrie Rovney Sent: Friday, May 02, 2008 11:29 AM To: Cindy Berardi Subject: RE: Harris Realty Appraisal I spoke with Marcus regarding these contracts. Marcus has instructed me to close all of these agreements. I,nn��l `_arwae PovneLi ru 16o From: Cindy Berardi Sent: Tuesday, April 29, 20D8 2:09 PM To: Carrie Rovney Subject: Harris Realty Appraisal Which contract(s) did you just close out for the above company? I have the following contracts open: A4775 re Mountain Gate A4913 re The Villas in Old Palm Springs and 48 @ Baristc A4944 re AD 164 Mountain Gate 11 A5111 re CFD No 1 Palm Springs Classic A5309 re CFD No 2005-2 Escena Thanks. Cindy 5crardi DCuty City Clcrk Officc of tke CiLy Clerk City of Palm 5prinpg P-0-Sox 27+5 calm 5Prinps,CA j226? NO) )z2-3355 Cindy j jerardiCaPanuFrin�s-ca gov 5/2/2008 Harris Realty Appraisal Consultant Services AGREEMENT #5111 MO 7684, 6-1-05 CITY OF PALM SPRINGS _ CONTRACT SERVICES AGREEMENT FOR APPRAISAL CONSULTANT SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 "PALM SPRINGS CLASSIC", ALSO KNOWN AS "ESCENA PALM SPRINGS", TRACT 32233 THIS,C,ONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this day of 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation', (herein "City") and Harris Realty Appraisal, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein bythis reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All 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 having jurisdiction in effect at the time service is rendered. 1.4 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, 1 OMGINAL u'30 AN1_)/0P, AGRE507N papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Thousand Dollars, ($30,000.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i)a lump sum payment upon Completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 2 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if ainy, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 ForceMaleure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods, epidemics,quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: James B. Harris, MAI It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which 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. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aqainst Subcontracting or Assiqnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with 3 any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 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 herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor 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. 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and 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 a 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. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (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. 4 (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 $300,000 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 B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 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 5.1 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 5.1 shall not be construed as limiting in any way 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 person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance.with Section 4.3 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. 5.2 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 or property, losses, costs, penalties,obligations, errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any 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 oromissions 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 against the 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 event the 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. 5 5.3 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 Clerk, 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. 5.4 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 Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived bythe City Manager or designee of the City ("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 5 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 by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officersuch reports concerning the performance of the services required bythis Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractorshall promptly notifythe Contract Officer of said fact,circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6 6.4 Release of Documents.. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disiutes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 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. 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. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damaqes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in 7 the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreementexcept as specifically provided in the following Section fortermination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way 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. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 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. 8.2 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. 8 8.3 Covenant Aqainst 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 insure 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. 9.0 MISCELLANEOUS PROVISIONS 9.1 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. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 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. 9.3 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels anyand 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. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a 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 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized 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 9 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 -Cityv2lerk City Manager > Agreement ove h&s4er $25,000 APPROVED 0 FORM: APPROVED BY MY COUNCIL o'eviewed and approved by �,. procurement °& Cointracting By: HARRIS REALTY APPRAISAL P.O. 1\4nmbe a CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By: <7 ,�L4, By: �IP ure(notarized) Signature(notarized) Name g1WL4'r Name: Title: <- J " n Title: State of C�Jri7a 0",i1 Stateof I County of On�awcr�0 lss County County of Iss � s On r -4� ,;before me, ➢ i,,r�r- e'l' Flr2tH y On before me, personally appeared ip ;r✓liPi p.r. J- B 14'I''_S personally appeared % personally known to me (or proved to me on the basis of personally known to me (or proved/to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the/same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by�his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),6r the entity upon behalf of which the person(s)acted, executed the instrument. person(s)acted, executed the instrument. WITNESS my hand-apd official seal WITNESS my hand and official seal. Notary Signature:� .L"—' 6 ' ✓y1.1 l�f- 'i- 9 Notary Signature: Notary Seal: f Notary Seal: t"i3TY1h'MC"u CAR7l1Y Cw."nklal61 ntts"A, Notary Publk M Q&I'Vopti" Ai2'CantRi.F.?!s„y11txF�y1S� 10 EXHIBIT "A" SCOPE OF SERVICES Contractor shall prepare an appraisal for City of Palm Springs Community Facilities District No. 1, "Palm Springs Classic," also known as "Escena Palm Springs," Tract 32233, and shall provide all services and resources necessary therefor. The Contractor will derive the "as is" bulk sale market value of the taxable property identified as Tract Map 32233, a 372.52 acre 1,244 detached and attached dwelling units within a gated community also known as "Palm Springs Classic" or"Escena Palm Springs", "Subject Property". The Subject Property is considered undeveloped at this time and is in a raw to partially graded condition. The undeveloped proposed parcels will be valued by a Developmental Analysis. A discounted cash flow, utilizing absorption estimates provided by an independent absorption consultant,will be completed.The estimated value will reflect the bulk value of the"As Is"condition of the land, giving consideration to the proposed development to be partially funded by the Community Facilities District No. 1 ("District"). The Market Value of the properties will consider the various individual ownerships, if any, merchant builder ownerships and the master developer ownership. The aggregate of the bulk values will represent the "As Is" Market Value for all the property within the proposed District. The scope of work will be to arrive at the aggregate "As Is" Market Value of the land within the boundaries of the District. The merchant builder land will be valued by Direct Comparison. A cursory review of the market to test the reasonableness of the absorption estimates provided for use in the Development Analysis. The Contractor will include in the scope of work the preparation of a full appraisal and a detailed summary appraisal to be included in the offering document for the District's bonds. The format, substance and quality of the appraisal and summary will be of a type used in connection with land secured financings, and will include as part of the closing documents for the bonds, a certificate that the City is authorized to use the appraisal in the Bond Official Statement, that the information regarding the appraisal is properly presented in the Official Statement, and that the appraisal summary is complete and accurate. The Contractor will also participate in conference calls and a maximum of two meetings with the Finance Team in the weeks/months preceding distribution of the draft appraisal and may be asked to provide insight on the probable value of the property at various stages of development. The Contractor shall provide three copies of the final report. 11 EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived. Section 5.1(b) Worker's Compensation Insurance. The Contractor does not have employees and therefore does not carry worker's compensation insurance. The Contractor will write a letter to the City stating that if at any time during the course of this engagement the Contractor gets an employee, the Contractor will obtain 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 of employer's liability. Section 5.1(d) A policy of Professional Errors and Omissions insurance in the amount of $1,000,000 is required. 12 EXHIBIT "C° SCHEDULE OF COMPENSATION Total compensation for the work to be performed by Contractor shall be a lump sum amount of $30,000, including all reimbursables, upon completion of all services and delivery of the Appraisal Report to the City. 13 EXHIBIT "D" SCHEDULE OF PERFORMANCE Unless otherwise modified by the City and/or its financial advisor to dates later than dates shown below, the schedule of performance is as such: Immediately upon execution of this Agreement: • Begin assembling information of the "Palm Springs Classic", now known as"Escena Palm Springs", Community Facilities District No. 1 project; • When scheduled: Attend disclosure meeting with City's financial advisor, underwriter and developer; • Prepare and submit a Preliminary Draft Appraisal within 15 days following the date of value; • Prepare and submit the complete self-contained narrative report within one to two weeks following the review process for the draft appraisal report. 14 _Hairris Reality Appraisal _ 5100 Birch Street, Suite 200 Newport Beach, California 92660 _ 949-851-1227 FAX 949-851-2055 www.harris-appraisal.com April 5, 2005 Mr. Marcus Fuller Senior Civil Engineer -'�� City of Palm Springs 91200 E. Tahquitz Canyon Way Palm Springs, CA 92262 0?,iv I ���' 'rciJ���r,�'��iu�b� RE: Workers Compensation Certification Dear Mr. Fuller: This letter certifies that Harris Realty Appraisal has no employees. However, If Harris Realty Appraisal does employ any person during the term of this agreement, the necessary certificate of insurance will be immediately filed with the City of Palm Springs. Respectfully Submitted, (Ja6 -g, J512J r� mes B. Harris, MAI Policy Number U�VLHn/-1I IVIVJ i Hum r vicrvULU kWH tz LUU4 92-BH-4079-9 STATE FARM GENERAL INSURANCE COMPANY 31303 AGOURA RD, WESTLAKE VILLAGE,CA 91363-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS Named Insured and Mailing Address 8251-F418 S HARRIS,JAMES B & 11E JUDYSEMLER,LUTC,Agent CANNON, BERRI J 1111 Town&Cuntryy Rd.,Ste.48 DBA HARRIS REALTY ADVISORS & Orangge,CA 92868 CANNON APPRAISAL SERVICES Peale':(714)547-1689Fax(714)547-1807 5100 BIRCH ST STE 200 judysemler.com NEWPORT BEACH CA 92660-2160 Cov A - Inflation Coverage Index: N/A BUSINESS POLICY -SPECIAL FORM 3 Cov B -Consumer Price Index: 186.2 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeedinq policy period If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance wi Ii the policy provisions or as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: JUN 23 2004 premises location. Expiration Date: JUN 23 2005 Named Insured: Individual Your policy is amended APR 22 2004 ADDL INSURED NAME &ADDRESS DELETED Location of Covered Premises: 5100 BIRCH ST STE 200 NEWPORT BEACH CA 92660-2160 Other items shown are effective with the policy's 2004 renewal Coverages & Property Limits of Insurance Occupancy: Office Section I A Buildings Excluded B Business Personal Property $ 31 900 C Loss of Income- 12 Months $ Actual I'oss Section II Deductibles -Section L Business Liability $ 2,000,000 M Medical Payments $$ 5,000 $ 250 Basic Products-Completed Operations 4,000,000 (PCO)Aggregate General Aggregate (Other $ 4,000,000 Than PCO) In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. Endorsement Premium None Forms, Options, and Endorsements Special Form 3 FP-6143 Amendatory Endorsement FE-6205 Discounts Applied' Debris Removal Endorsement FE-6451 Renewal Year Policy Endorsement FE-6506.2 Years in Business Business Policy Endorsement FE-6464 Claim Record Real Estate Agents Endorsement FE-6405.1 Additional Insured Endorsement FE-6494 Continued on Reverse Side of Page Prepared OTHER LIMITS AND EXCLUSIONS MAY APPLY- REFER TP YO R POLICY !/ APR 23 2004 Countersi e FP-8030.2C BM5T By (� �/�ii�� Agent 06/1993 JUDY SEML Your policy consists of this page,any endorsements (714)547-168 and the policy form.PLEASE KEEP THESE TOGETHER. (o i@T72b) 21st Century Insurance INSURED'S COPY X* 21st.com 1-800-211-SAVE RENEWAL DECLARATION OFFER EFFECTIVE 11/01/04 AUTOMOBILE POLICY DECLARATION PAGE IN THE EVENT PAYMENT IS NOT RECEIVED mtlavA•fn�u,Ll - maveaw,+o-• BY THE RENEWAL EFFECTIVE DATE NOTED 12'01 A M.PACIFIC TIME ABOVE, YOUR POLICY BECOMES NULL AND AP 3262238 (FROM 11/01/04 ITO 05/01/05 VOID. NAMED INSURED AND ADDRESS LOSS PAYEE AND/OR ADDITIONAL INSURED ADDRESS(SEE REVERSE) ** EVIDENCE OF '+INSURANCE ** CNTY OF ORANGE/CEO PURCHASING JAMES B HARRIS 1300 S GRAND AVE #A BERRI J HARRIS SANTA ANA CA 92705 51DO BIRCH ST STE 200 NEWPORT BEACH CA 92660 K* EVIDENCE OF INSURANCE *X COMMUNITY REDEVELOPMENT AGENCY PO BOX 88005 MORENO VALLEY CA 92552 �W�h�en attached to the Personal Auto Policy,these declarations complete the policy and represent the current status of your coverages and limits of[lability. IsUEf=�wsy. :): .n1 �«. ems• ,�, e--,'N: GOM 1 2001 MBNZ CLK320 WDBLJ65G31TO83053 W MCI) 92620 6000 3 2004 BMW X5 3.0I SUXFA13574LU21480 W MCD 92620 15000 3 JAMES HARRIS 41 0 1 BI/PD/COLL coo 1 BERRI CANNON 38 0 coo • — - rl---�AIx1�r.+sliaH�.Fr r7f�,Tf1�IT1:1f,(fRf�l:L4T COVERAGE IS PROVIDED WHERE A PREMIUM AND A LIMIT OF LIABILITY ARE SHOWN FOR THE COVERAGE A Bodily Injury _ ..11110.50.00 PER VEHICLE FRAM FEE $ 100,000 Each Person $300,000 Each Accident _ 117 78 B Property Damage $ 50,000 Each Accident 63 84 C. Medical Payments $ 5,000 Each Person _ 64_ 57 D. Uninsured Motorist _$ 100,000 Each Person $310,000 Each Accident 24 21 DAMAGE To YOUR VEHICLE ACTUALCASH E.COMPREHENSIVE VALUE LESS $ 250 Ded $ DetlS 250 Ded $ Der. 93 83 DEDUCTIDLE F.COLLISION $ 500 Ded S Ded. $ 500 Ded $ Ded. 214 1.69 01.UNINSURED MOTORIST.PD J. ADDITIONAL EQUIPMENT $ 1,000 TOTAL $ TOTAL $ 1,000 TOTAL $ TOTAL FIRST$10001S AUTOMATICALLY INCLUDED WITH COMPREHENSIVE OR $ 1,000 INCL $ INCL $ 1,0001NCL $ INCL COLLISION. ADDITIONAL COVERAGE IS OPTIONAL $ 0 ADO'L $ ADD'L $ 0 ADD'L $ ADD'L G TOWING 8,LABOR S $50 Each Disablement Automatically Included INCL INCL H RENTAL REIMBURSEMENT �!f!.�. 575 492 t'IGORSE�ENT'FS;J$ABLE'T... ...3z:%s::.;:_'. r ;- t _,:^ „ b"` 'le •M'iP%MIUMe�:a= "'=�—__1,067.00_ 10/07/04 PRESIDENT DATE - STATEMENT OF ACCOUNT FOR POLICY 3262238 - TOTAL PREMIUM . . . . . . . . . . . . . . . . *1067.00 CHOOSE THE PAYMENT PLAN YOU PREFER: PAY IN FULL $1067.00 11/01/04 IyS�,MlC �Sr.PLY'- K2-PAY PLAN 4 538.00 11/01/04 a7 E Yt( 5ft 1ih, $ 537.00 01/01/05 Ulf@EC�R' ,'IUBf�ED btFiP�dl}1'^ 0E *4-PAY PLAN $ 271.00 11/01/04 $ 271.00 12/01/04 IIIIIIIIIIIIIIIIIIIIIIuI�Illlll $ 271.00 02/01/05 u $ 270 DO 02/01/05 r h41,, £+ts * INCLUDES $4 PER PAYMENT SERVICE CHARGE L _J For Customer Care all 1-800-443-3100, or visit Zlst.com to make policy changes, pay Your premium# and mare! Register today! 21st Century Insurance Company 6301 OWensmouth Avenue Woodland Hills, California 91367 21st Century Insurance *** INSURED COPY *** 21st:.com 1-800-211-SAVE RENEWAL DECLARATION OFFER EFFECTIVE 02/02/05 UMBRELLA POLICY DECLARATION PAGE WHEN ATTACHED TO THE PERSONAL UMBRELLA POLICY,THESE DECLARATIONS COMPLETE THE POLICY AND REPRESENT IN THE EVENT PAYMENT IS NOT RECEIVED THE CURRENT STATUS OF YOUR COVERAGES AND LINTS OF LIABILITY ACCORDING TO OUR RECORDS BY THE DUE DATE NOTED BELOW IN THE Qrrl.ula'r+nnla�a� uw'��a:M•t•�• -�— +adlu� STATEMENT OF ACCOUNT, YOUR POLICY 1201 AM.STANDARD TIME M 02/02/05 LTD 02/02/06 �12 MO BECOMES NULL AND VOID. PEP 91122892 7 NAMED INSURED AND ADDRESS JAMES HARRIS BERRI HARRIS 5100 BIRCH ST STE 200 NEWPORT BEACH CA 92660 Ie•NIA:LfH�69Ja•191•IA•lYWla�a�:\�IVdYi•Iy11L•1.11�YPI-t-9:1•YPI�R-9LI=AI�HiUf9�7tl•17VIYi(•]P6Y•tyi:I6Y1•14N' LIMITS OF LIABILITY POLICY PREMIUMS L.PERSONAL LIA131LITY SELF-INSURED RETENTION BASIC POLICY PREMIUM ADDITIONAL CHARGES EACH OCCURRENCE EACH OCCURRENCE - : II II $ 1100,01000 $ 250.00 $ 192.00 $ 40.00 $ 232.00 � :Ia.Lulaa.>t�:ul'n:1:1•nol--tq:rac[•laa.wa:ma YOU AGREE THAT PRIMARY INSURANCE IS IN FORCE AND WILL CONTINUE TO BE IN FORCE FOR ALL EXPOSURES COVERED BY THIS POLICY FOR AT LEAST THE LIMITS SHOWN BELOW SUBJECT TO FORM TCE-79.IF APPLICABLE. ��i'IdX•lYtl•1'/�:/:fNX•]a-J•14•]'� I'111J11011•II'1•J:iIPIL1:17�IrIlY AUTOMOBILE LIABILITY BODILY INJURY— $ 250,000 EACH PERSON OFF-ROAD RECREATIONAL VEHICLE LIABILITY $ 500,000 EACH OCCURRENCE PROPERTY DAMAGE— $ 50,000 EACH OCCURRENCE COMPREHENSIVE PERSONAL LIABILITY BODILY INJURY AND PROPERTY $ 100,000 EACH OCCURRENCE DAMAGE COMBINED -------- ADDITIONAL CHARGES -------- AUTOMOBILES 2 40.00 RESIDENCES I INCLUDED 1-4 FAMILY RENTALS .00 OFF-ROAD VEHICLES .,n0 YOUTHFUL OPERATORS .00 *** REMINDER: ALL PRIMARY LIMITS MUST BE IN FORCE AS NOTED ABOVE *** TCE-79 05/92 —� � 01/03/05 PRESIDENT DATE FOR CUSTOMER CARE CALL 1-800-443-3100 CLAIMS SERVICE PHONE: 1-800-322-8200 STATEMENT OF ACCOUNT FOR POLICY 9022892 - TOTAL PREMIUM . . . . . . . . . . . . . . . . S 232.00 AMOUNT DUE 02/02/05 . . . . . . . . S 232.00 h N I°- THANK YOU FOR LETTING US SERVE YOU 05/10/2006 10;29 FAX $059620652 LIABILITY INSURANCE 0 002/002 CERTWICATE OF INSURANCE Producer: Issue Dale:05/10/2005 This Certificate is issued as a matter of information only and LIABILITY INSURANCE,ADMINISTRATORS confns no rights upon the Certificate Bolder,This Certificate P.O.Box 1319 does nor amend,extend or alter the covenge afforded by the Santa Barbara,CA 93102-1319 policy below. Insured: 101175 COMPANY AFFORDING COVERAGE - HARRIS REALTY APPRAISAL James B.Harris,MAI Liberty Insurance Underwriters,Inc. 5100 Eirch Street,Suite 200 Newport Beach,CA 92660 Fax Number949-851-2055 Age Authorized esentalive This is to cenify that the policy of insurance listed below has been issued to dic Insured named above for the policy period indicated.Notwithstanding any requirement,term of oendilion Of any contram or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy.Limits shown may have been reduced by paid claims. i TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Prolmninnal Liability LIU003120-004 05/04/2005 05/04/2006 General Aggregaro S 11000,000 Each Claim 5 1,090,0W Description of Operations/Locations/Special Items: REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE EVIDENCE OF INSURANCE Certificate;Bolder: Cancellation: City of Palm Springs Should the above described policy be cancelled before the expiration date thereof,the issuing Company will endeavor to 3200 E.Tahquitz Canyon Way mail 30 days notice,except 10 days notice for nonpayment of Palm Springs, CA 92262 premium,to the certificate holder named to the left.However, failure to mail such notice shall Impose no Obligation or liability of any kind upon the Company,its agents or representatives. LIAOOO1 (11/97) Certificate Holdor Copy CERTIFIC�tAy�T�yE OF INSURANCE Producer: 1'x'5,"�EI v 1^ D ,issue Date:05/10/2005 � l Y f7F ALf of {1ydG' Certificate is issued as a matter of information only and juABILITY INSURANCE AD11I5TI 'tp5 ter" t� pp confers no rights upon the Certificate Holder.This Certificate P.D. Box 1319 IY I 1 AM 8' 56 does not amend,extend or alter the coverage afforded by the Santa Barbara, CA 93102-1319 policy below. Insured: 101175 I e COMPANY AFFORDING COVERAGE HAP12:[S REALTY APPRAISAL - "I^ fames B. Harris, MAI Liberty Insurance Underwriters, Inc. 5100 Birch Street, Suite 200 Newport Beach, CA 92660 t Fax Number 949-851-2055 �" Authorized escrustive This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated. Notwithstanding any requirement,term of condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by fire policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. TYPE 01-INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Professional Liability LIU003120-004 05/04/2005 05/04/2006 General Aggregate $ 1,000,000 Each Clain $ 1,000,000 Description of Operations/Locations/Special Items: REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE EVIDENCE OF INSURANCE Certificate Holder: Cancellation: City of Palm Springs Should the above described policy be cancelled before the expiration date thereof,the issuing Company will endeavor to 3200 E. Tahquitz Canyon Way niai130 days notice, except 10 days notice for nonpayment of Palm Springs, CA 92262 premium, to the certificate holder named to the left. However, failure to mail such notice shall impose no obligation or liability of any Had upon the Company,its agents or representatives, LIA0001 111/97l Certificate Holder Copy U J,h, rMn,V, „VJU SMIVI C 4VIYIYMItlICJ fittYtWAL CERTIFICATE '— m i State Farm General Insurance Company POLICY NUMBER 92-BH-4079-9 31303 Agoura Road Business-Office Wecaake Village,CA 91363-0001 JUN 23 2004 to JUN 23 2005 S-8251-F418 F U 3 DATE DUE PLEASE PAY THIS AMOUNT HARR.IS, JAMES B & JUN 232004 $559.00 l CANNON, BERRI J Coverages and Limits DBA HARRIS REALTY ADVISORS & CANNON APPRAISAL SERVICES Section 5100 BIRCH ST STE 200 A Buildings Excluded NEWPORT BEACH CA 92660-2160 B Business Personal Property 31,900 III, „I,LII,,,II,JI,„rdJr,rlLll„Ilrrr,Ll,ll„rr,ll,l k'1�S C Loss of Income Actual Loss Deductibles -Section 1 OQ Basic 250 >, -o Other deductibles may apply-refer to policy Location: 5100'BIRCHST, STE200 C1TYG�� NEWPORT BEACH CA Section II L Business Liability $2,000,000 M Medical Payments 5,000 Gen Aggregate (Other than PCO) 4,000,000 Add Ins-Il: CITY OF FONTANA Products-Completed Operations 41 000,000 (POO Aggregate) Add Ins-II: WESTERN SOUTHERN LIFE INS CO Add Ins-II: COUNTY OF ORANGE Forms,Options,and Endorsements Special Form 3', FP-6143 Annual Premium $532.00 Amendatory Endorsement FE-6205 Forms,Opts,& Endrsmnt 6.00 Debris Removal Endorsement FE-6451 Bus Liability - Cov L 21.00 Policy Endorsement FE-6506.2 Amount Due $559.00 1 Business Policy Endorsement FE-6464 Real Estate Agents Endorsement FE-6405.1 Additional Insured Endorsement FE-6494 Premium Reductions Glass Deductible -Section I FE-6538.1 Your premium has already been reduced Additional Insured FE-6320 by the following: Blank Endorseinent(s) FE-7315.1 Renewal Year Discount Amendatory Collapse * FE-6551 Yrs in Business Discount Terrorism Insurance Cov Notice *- FE-6999 Claim Record Discount *Effective: JUN 23 2004 Cov. A- Inflation Index: N/A Cov. B-Consumer Price: 186.2 NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. , y7 p_ 80 3294 0727 See reverse side for important information. ct� . 9 UDY SI MLER o Please keep this part foryour record. A ent Telephone (714) 547-1689 Prepared APR 14 2004 CONTRACT ABSTRACT CONTRACTOR NAME: Harris Realty CONTACT NAME: Jim Harris DESCRIPTION OF SERVICES: CFD #1 CONTRACT PRICE: $30,000 FUNDING SOURCE: 160-4506-43200 CONTRACT START: JUNE 1, 2005 CONTRACT END: JUNE 1, 2006 CONTRACT ADMINISTRATOR: Dave Barakian DEPARTMENT: Public Works & Engineering COUNCIL/AGENCY APPROVAL DATE: June 1, 2005 MINUTE ORDER/RESOLUTION: 7684 AGREEMENT NUMBER: 5111 Account (Agreement) Number: 5111 Risk Type (Class): 1 Business Unit 1 (Department): Public Works & Engineering Business Unit 2 (Contract Type): Service Agreement Insured (Contractor) Name: Harris Realty Address 1: P.O. Box 1319 Address 2: City: Santa Barbara State: CA Zip: 93102-1319 Country: USA Contact Name: Jim Harris Phone: 800-334-0652 Fax: 805-962-0652 Email: jim@harris-appraisal.com Contract Effective Date: JUNE 1, 2005 Contract Expiration Date: JUNE 1, 2006 Description of Services: CFD #1 Exceptions to Risk Class: Workers comp is waived, E&O in the amount of$1,000,000 reqd. SVI M E M O R A N D U M TO: Public Works/Engineering FROM: 01" Kathie Hart, CMC Chief Deputy City Clerk DATE: July 14, 2005 SUBJECT: Harris Realty—A5111 cc: File Attached are two copies of the above referenced agreement, fully executed. We have kept the originals for our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach.