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HomeMy WebLinkAbout05061 - RICHTER GROUP DEVELOP PROCUREMENT SPECIFICATION EDOM HILL FACILITY FIRE DEPARTMENT RADIO SYSTEM DOCUMENT TRACKING Page: 1 Report: Soon to Expire Documents Listing August 9, 2006 Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs Document# Comnan Group Service Aorvl Date Expire Date Close Date A0395C Smart Alex Llc COMMUNITY &... In File 09/1511999 1010I 2006 A2171 Palm Hills Land Corp ENGINEERING In File i1101P2006 A3085 Walter H.Annenberg, Estate Of AIRPORT Lease Agreement 09/1511991 09114/2006 A3192 Robert J. Pond AIRPORT Lease Agreement 02/1711993 09114i2006 A3654 FAA AIRPORT Lease Agreement 04/0311996 09/30/2006 A4397 Skytvest Airlines Lease Agreement 09/0512001 09101I2006 A4405 Marriott Ownership Resorts AIRPORT Lease Agreement 10/0312001 08131I2006 A4724 DMC Destgn Group Inc. ENGINEERING In File 06118f2003 10105I2006 A4736 Tra nsportalion Security Adm inistra0o n AIRPORT In File 07i23P2003 09)30f2006 A4771 Moore Maintenance & Janitorial... In File 09/1712003 09101P2006 A4800 Ashbury Environmental, Inc. In File 1111912D03 11101 i2006 A4801 City or Desert Hot Springs POLICE DEPARTMENT In File 1 111 912 0 0 3 i V0112006 A4922 Simat, Helliesen& Eichner AIRPORT In File 07i2112004 09120I2006 A4950 Thienes Engineering, Inc. In File 09/0112004 09101P2006 1 A4976 r f f! American Really Trust In File 10/06/2004 10101Y2006 �y A5061 Q CU ]1G{e" Richter Group FIRE DEPARTMENT In File 04/05/2005 09/0212006 r if A5164 rr11 n r Offf America West Landscaping Inc ENGINEERING In File 09/2112005 1012V2006 A5182 U f R W Beck CITY MANAGER In File 10131)21)05 1013&2006 A5192 JPL Maximus Inc FINANCE In File 11/1712005 09130i2006 r.k++ A5230 �Ly,IV' 7c [North American Senior Circuit Softball PARKS&RECREATION In File 02/1012006 091242006 A5233 Dept of Interior Fish&Wildlife Service DEVELOPMENT... In File 0211 51 2 0 0& 09130t2006 A5242 Standard Parking Corporallon CITY MANAGER Incomplete!Missing 031OV2004] 0913W2006 A5209 Aeolian Solutions ENGINEERING In File 06l02t2006 09122120D5 A5303 Miss Universe LP, LLLP CITY MANAGER In File 02f221200& 08116=06 00 " * * i * END OFREPORT* * " * * lawn 1� Richter Group Radio Communications Consulting Serv. AGREEMENT#5061 CM signed, 4-5-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Radio Communications Consulting Services JHIS CONT CT�SERVICES AGREEMENT(herein"Agreement')is made and entered into this _ day of , 2005, by and between the CITY OF PALM SPRINGS, a municipal ora corption (herein "City") and Richter Group (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 Dollars ($9,000.00) ("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. Dr. Henry Richter, PhD., P.E., 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. 1 ORIGINAL 3.2 Contract Officer. Fire Chief Blake Goetz 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 Aqainst Subcontractinq or Assiqnment. 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 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 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, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as 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 such amount as will fully comply with the laws of the State of California and which will include $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. Policies of such other insurance, including professional liability insurance in a minimal amount of$1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall 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, 2 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance 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 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 orthe 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 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. 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 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 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) Contractor will 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. 3 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 30, 2005, or until installation.of all Edom Hill radio communications upgrades have been completed and approved,whichever comes first. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days'written notice to the other party. Upon receipt of the notice of termination,the Contractor shall immediately cease all work or services hereunder except as maybe 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 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 performancebf 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,director 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 4 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 Severability. 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. 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 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,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 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. 5 Agreetine;tt .,h: dcr $251009 Reviewed and opproved by procurement & Contracting lui ia,s _F3ate ..a;.. F.O. rum err IN WITNESS WHEREOF,the parties have executed and entered nto t is A ement as of the date first written above. _ ATTEST: CITY OF PALM SPRINGS, _ a municipal corporation GityClerk By CityManager CONTRACTOR: Richter Group Check one:_Individual wxiierM;,,jKlp_�uim 2755 Alondra Way Palm Springs, CA 92264 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: V �"1iATMry '"^� �/ By: Signature (notarized) Signature(notarized) Name: �'�! °' r� Name: Title: $ Title: State of_ ❑ State of ❑ County of ❑ss County of ❑ss On before me, On before me, personally appeared 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) satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s)ontheinstrument the person(s), his/her/theirsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, or the entity upon behalf of which the person(s) acted, executed the instrument, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 6 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide communications consulting services to the Palm Springs Fire Department as follows: Task 1 — Develop Procurement Specifications Contractor shall create Procurement Specifications for the Edom Hill facility upgrade of the Palm Springs Fire Department radio system. The specifications shall be technical in nature and explain in detail the scope of work to be done. Terminology shall be industry standard and customary for communications projects. Specifications shall be presented in a format suitable for the issuance of a competitive procurement process and be available in electronic format. Task 2—Obtain 4.9 GHz FCC license Contractor shall secure for the City, and in the City's name, an FCC license for a 4.9 GHz wireless system. Task 3— Provide Project Supervision Contractor shall supervise all work being done and ensure that proper materials, equipment and installation techniques are utilized. Contractor shall inspect all equipment prior to installation for damage and workmanship. Contractor shall conduct acceptance testing after installation. In the event of acceptance testing failure, Contractor shall supervise all repairs, modifications and/or equipment replacement for the project until the project passes acceptance testing. Final authority for approval and acceptance of the project remains with the Palm Springs Fire Chief. Schedule of Performance: Task 1 to be completed by May 1, 2005 Task 2 to be completed by July 1, 2005 Task 3 to be completed by December 30, 2005, or in accordance with the schedule of performance in the agreement with the contractor that performs the Edom Hill and Fire Department radio communications equipment upgrade and installation, whichever comes first. Special Requirements: Workers Compensation insurance is waived. 7 ED Client#: 38007 2RICHGRO n \� LACORD", CERTIFICATE OF LIABILITY INSURANCE 081261040Yvvv) ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Insurance Services of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southern Calif LIC#0684503 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9166 Anaheim Place, Suite 105 Rancho Cucamonga, CA 91730 INSURERS AFFORDING COVERAGE NAIC 4 INSURED INSURER A: Golden Eagle 10375 Richter Group INSURER 0 _ Dr. Henry Richter INSURER _ 2755 Alondra Way _INSURER 1) _ Palm Springs, CA 92264 INSURER F° _ 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 RA rypE OF INSURANCE POLICY NUMBER IY POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRC DATE IMMIDDY) DATE(MM/DD/YY) A GENERAL LIABILITY CBP9609335 07/01/04 07/01/05 EACH OCCURRENCE $1,000,000 T MERCIAL GENERAL LIABILITY PREMISES IF occu°no0 $100,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 _ GENT AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGO $2,000,DOD 7 POLICY n JECT F� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accldenp S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS This certificate is issued as a matter of BODILY INJURY $ NON-OWNED AUTOS information only and confers no rights , (Per accident) upon the certificate holder.This certificate does not amens,extend or PROPERTY DAMAGE $ (Per accident) rl e7VGIYge8ff4r�b by-#he-�BtlBlea GARAGE LIABILITY mentioned. AUTO ONLY-EA ACCIDENT $ :ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG 5 A —EXGESSIUMBRELLA LIABILITY CU9609735 07/01/04 07/01/05 EACH OCCURRENCE $1,000,000� J OCCUR GITMMS MADE AGGREGATE S1,00,000 _ S DEDUCTIBLE It RETENTION $ S — WORKERS COMPENSATION AND TORV LIMITSOER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIFXECUTIVE E L EACH ACCIDENT $ _ OFFICER/MEMBER EXCLUDER' E L DISEASE-EA EMPLOYEE $ _ If yes,describe under SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Except 10 day notice of non payment of premium. Certificate holder is named as additional insured with respects to general liability per attached form GECG602(07/03) CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs Department DATE THEREOF,THE ISSUING INSURERWILL ENDEAVOR TO MAIL In DAYS WRITTEN of Procurement and Contracting NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Bruce Johnson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 Tahquitz Canyon Way REPRESENTATIVES.. , Palms Springs, CA 92262 AUTHORIZED REPRESENTATIVE - //� r>1�L, ACORD 25(2001/08) 1 Of 1 #S141758/M141751 2LCOR r© ACORD CORPORATION 1989 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.,g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c.through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you,temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. SECTION I COVERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY If Personal Injury Liability or Advertising Injury Liability or Personal and Advertising Injury Liability Coverage is provided by this policy, the following is changed: This insurance does not apply to: a, is replaced with the following: a. 'Personal and advertising injury": 1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict' personal and advertising injury"; 2) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; 3) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; 4) Arising out of a criminal act committed by or at the direction of any insured; Includes col)vrighted material of Insurance Services offices Inc.with its permission f 5) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; 6) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your"advertisement"; 7) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your"advertisement'; 8) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement; 9) Committed by an insured whose business is advertising, broadcasting, publishing or telecasting. However,this exclusion does not apply to Paragraphs 14.a., b. and G. of"personal and advertising injury" under the Definitions Section; or 10) Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" at any time. 11) Arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; or 12) Arising out of"discrimination" by or at your direction or with your knowledge or consent; or 13) Arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging, or premises by or at the direction of any insured;or 14) Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of"discrimination". SECTION I--COVERAGES COVERAGE:C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 2. Exclusions f. Included within the "products-completed operations hazard". However, this exclusion does not apply to expenses for dental services. 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. Includes coovriohted material of Insurance Services Offices Inc.with its permission The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in"bodiiy injury"or"property damage'; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for"product recall notification expenses"during the policy period is $100,000. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. c. AI reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit" including actual loss of earnings up to$500 a day because of time off from work. SECTION II —WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed the entity, or"personal injury" or"advertising injury' arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III—LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Includes copvrichied material of Insurance Services Offices Inc.with its permission r Paragraph 6. is replaced with the following: 6. Subject to 5. above,the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a, is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or"suit" by other employee(s) does not imply you also have such knowledge.To the extent possible, notice to us should include: 1) How, when and where the"occurrence"or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6, is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit ortransfer those rights to us and help us enforce them. b. If required by a written "insured contract', we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under that written "insured contract"for that person or organization and included in the "products-completed operations hazard". Includes copyrighted material of Insurance services Offices Inc.with its permission '--"--' Pana d of 7 Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V—DEFINITIONS The following definitions are added or changed. 1. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: b., d. and e. are replaced with the following.- b. Malicious prosecution or abuse of process. d. Oral, written, televised, electronically transmitted, or videotaped publications of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, electronically transmitted, or videotaped publication of material that violates a person's right of privacy; h. is added h. Embarrassment or humiliation, mental or emotional distress, physical illness, loss of earning capacity or monetary loss, arising out of"discrimination" 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 22, 23 and 24 are added: 22. "Discrimination" means the unlawful treatment of individuals based solely on race, color, ethnic origin, age, gender, or religion. 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24, "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. Includes copyrighted material of Insurance services Offices Inc.with its permission r The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS—BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2.under SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A.does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or"personal and advertising injury"; b. To "bodily injury"or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: ('I) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured(s sole negligence or wrongdoing; e. To any person or organization included as an insured under provision S.of this endorsement; f. l'o any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. Includes copyrighted material of Insurance Services Offices Inc. with its permission i r B. ADDITIONAL INSURED —VENDORS Paragraph 2, under SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; G. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, Includes ccoVrighted material of Insurance Services Offices Inc.with its permission &� INTERINSURANCE EXCHANGE of the Automobile Club ®a MAILING ADDRESS P O BOX 25001,SANTA ANA,CALIFORNIA 92799-5001 FRN CPV� BINDER OF INSURANCE Policy Numbe er G6524617 Name and Address of Lienholder or Additional Insured Control Number CITY OF Pc,1 M SPRINGS NOTICE TO LIENHOLDER ATThI: BRUCE J HNSON IN THE EVENT OF CANCELLATION OF THIS BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS 3200E f:".'r I ;U'L CYN WAY WRITTEN NOTICE OF CANCELLATION PALM SPRINGS, CA 92262 Loan Number Policy Effective Dates: 05/14/04 05/14/06 The Interinsurance Exchange of the Automobile Club hereby acknowledges Itself bound to the named insured for the coverages specified in the schedule subject to all the provisions of the Exchange's applicable policy form. The issuance of a policy to the named insured or, if a policy is in force, the Issuance of an endorsement covering the automobile, boat or trailer described herein shall void this binder.A pro rate premium charge computed for the term of coverage in accordance with the current rates of the Exchange in effect at the inception of the binder will be made unless such a policy or policy endorsement is issued This binder shall not be construed to afford cumulative insurance with any existing policy. Name of Insured HENRY L RICHTER A,ND BEVERLY C DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car# Year Trade Name Type of Body or Boat Identification Number 1 2003 CAD 1GSKD54Y:::i!.!104820 2 1998 CAD 1G6KD54Y8VVU76f387 .'x"indicates Coverage AUTOMOBILE INSURANCE LIMITS OF LIABILITY hound and afforded c'1,000,0CM thousand dollars,each person Car 1 Car 2 Car# Bodily Injury Liability .°'v1,GO`_'. thousand dollars,each occurrence X Property Damage $)00 thousand dollars,each occurrence X Medical each person Underinsured/Uninsured Motorist Not less Than$15,000 each personl$30,000 each accident Comprehensive (Include Fire and (a)Actual Cash Value less £i500 deductible X Theft) (b)Limit or Liability of less deductible Collision (a)Actual Cash Value less $500 deductible X (b)Limit of Liability of less deductible Uninsured Deductible Waiver X Uninsured Collision WATERCRAFT INSURANCE LIMITS OF LIABILITY '•x"indicates Coverage (Boat) bound and afforded Bodily Injury Liability and Property thousand dollars,each occurrence Damage Liability Physical Damage Actual Cash Value not to exceed Limit of Liability of deductible Effective Date of Binder April 1, 2005 12:01 AM This binder shall expire 30 days from the effective date or may be canceled by the named Insured at any time during such 30 day period.The Exchange may cancel this binder by mailing to the named insured at the address shown above written notice stating when, not less than 19 days thereafter, such cancellation shall be effective.The mailing of such notice shall be sufficient proof of notice. District Office PALM SPRINGS ACSC Management Services, Inc By R.T0 M EI ATTORNEY-IN FACT 30510 E B-87