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HomeMy WebLinkAbout05034 - FARNKOPF & HOBSON LLC SOLID WASTE CONSULTING SERVICES REFUSE VEHICLE IMPACT FEE ANALYSIS DOCUMENT TRACKING Page: 1 Report: One Document Detail April 24,2006 (tnnriitinn; Dnrniment Number A5034 Document# Description Aporoval Date Expiration Date Closed Date A5034 Solid waste consulting services not to exceed $38,000 02/02/2005 12/31/2005 Company Name: Hilton, Farnkopt & Hobson LLC Address: 3990 Westerly Place #195, Newport Beach, CA 92660 Group: CITY MANAGER Service: In File xRef: CITY MANAGER Ins. Status: No Certificate on file. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid to Troy for distribution 03/30/2005 to CM for sig 03/25/2005 MO 7626 not prov by dept 02/02/2005 END OF REPORT rA Farnkopf& Hobson LLC Solid Waste Consulting Svcs. AGREEMENT#5034 MO 7626, 2-2-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this �' day of YN. \J#V , 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City') '9nd Hilton, Farnkopf & Hobson, LLC (herein "Contractor", the term Contractor includes professionals performing in a consulting capacity). 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 Thirty Eight Thousand Dollars ($38,000) ("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. Laith B. Ezzet, CMC, is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Troy Butzlaff,Assistant City Manager, 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. ORIGINAL DID 1 Ad't9W)R AGREEMENT 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 contractorof Cityand shall remain underonlysuch 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, 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 Citywith 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 -2- 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, 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 eventthe City, its officers, agents oremployees 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2005. 1.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at anytime,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 may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized bythe Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. - 3- 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion,sex, marital status, national origin or ancestry. 6.2 Non-IiabilitV of Citv 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 orgiven and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer,CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 SeverabilitV. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competentjurisdiction,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. -4- 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 anyway connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is 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. 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 ity Clerk City Manager APPROVED A, TKO FORM: Agreement over/andtr $25,000 ,71� / Reviewed and a pproved by By: Procurement & Contracting CityAttor4y Initials Date 2f2(11tl - P.O. Numbe t_ i:_f;,l,,t.,S! 'i% 5t':? l- 1.Y ii i ul', ( �U`} ' ! ilU}{i {t,=A}l - 5- CONTRACTOR: Hilton, Farnkopf& Hobson, LLC Check one:—Individual—Partnership Corporation 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 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: ��IA,Z`/ �_�.N By: `yr ­"�'�'& ,%,Z- Signatu e (notarize cW�� Signal re (notarized) Name: &.0 i-In -Z—Z,_C-�_i Name: A-o' f 7, r4--e✓�r� Title: Vltdc� Title: Address: Address: 75vU'. 4yc/L- r�lle' State of_ la - 4/V State of LG��I�� Vl1vU ❑ County of d_°'`t2 9 � ❑ss County of ' Y ( ((I;q ❑ss On 1c Y �].- e00 before me, On � (� �� before l u -SPQ kh1 ;-n y ? N-DPazn,� �� f lo`. me, ��1V cP�0, J personally appeared personally appeared LA i a g e-` V��I� � . �b A personally known to me (or proved to me on personally known to me (or proved to me on the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me the within instrument and acknowledged to me that he/:she/they executed the same in that he/she/they executed the same in his/her/their authorized capacity(ies), and that his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of the person(s), or the entity upon behalf of which the person(s) acted, executed the which the person(s) acted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary �/ �/ J Notary Signatur(//V�2/0/Z '/v' Signature: Jflol� 19 Notary Sea[: �, ate._ _ Notary Sea]: DINESH AAIS�.m_D' 1, R,rygGs COMM.#1383777 NOTARY PUBLIC-CAUFORNIA0 _ ORANGE COUNTY O ) ANGELA J, SPEAPS COMM. 1469689 t �cF 3• COMd4.ERP.NOV.7,20 ,- ` "''~. : �06 E vd "•• n%9 NOTARY PUBLIC CALIFORNIA �",• Comm Cosla Counly °a - !,Comm Exorn Feb 10 20008 EXHIBIT "A" SCOPE OF SERVICES Task 1: Perform a Residential Refuse Vehicle Impact Fee Analysis The objective of this task is to calculate a fee, to be charged to the City's solid waste franchisee, to recover street maintenance costs related to residential solid waste, recycling and yard waste vehicles (Refuse Vehicles). Contractor's work product shall consist of the following: • A letter report documenting the Residential Refuse Vehicle Impact Fee recommended by the Contractor, Contractor's methodology, limitations, and findings; and • A copy of a recent legal opinion on the validity of imposing a Refuse Vehicle Impact Fee. Approach: Task 1.A-• Issue Hauler Request for Information Contractor shall prepare and issue to the City's current franchisee a request for information that includes, but is not necessarily limited to: • The type and size of residential Refuse vehicles; • Vehicle tare weights; • Typical vehicle payloads; • Number of axles and manufacturer's axle weight distribution profile; • Number of residential accounts. As necessary, the City will assist the Contractor with facilitating the acquisition of the requested information. If the requested information is unavailable, Contractor shall use representative data from prior studies. Task 1.13— Determine "Model" Axle Weight Profiles Based on information obtained in Task 1A, Contractor shall develop model axle weight profiles for each residential Refuse Vehicle type to determine the Equivalent Single Axle Load(ESAL)factorfor each refuse vehicle. Task 1.0-- Identify Additional Model Inputs Contractor shall collect data from the City necessary to develop the following additional information necessary to calculate the annual impact of residential refuse vehicles on residential street maintenance costs, if available: • Miles of street in the City(center line and lane miles); • Street traffic index (TI); • Current and target pavement Pavement Condition Index (PCI); • Average annual street maintenance cost(i.e., maintenance,rehabilitation, reconstruction) at current PCI; • Additional required costs and projected schedule to achieve target PCI; • Average number of daily vehicle passes on a typical street; • Percentage of street traffic associated with trucks (versus automobiles); • Percentage of trucks that are construction-related trucks. - 7- If the data required by Contractor is unavailable or the City cannot provide it, Contractor shall rely on information from Contractor's work on similar projects and/or other sources. Contractor's letter report shall identify the source of any such information utilized performing the scope of services of this Agreement. The City will provide Contractor with information related to any fees that are currently assessed related to street maintenance impacts(e.g.,construction vehicle impactfees,trench cutfees, in-lieu franchise fees)and revenues that are specifically dedicated to street maintenance operations(e.g., gas tax revenues). Task 1.D.- Calculate Refuse Vehicle Impact Fee Utilizing information obtained in previous sub-tasks, Contractorshall calculate the annual residential street maintenance cost associated with residential refuse vehicles. Analysis Limitation: City acknowledges that: • Contractor's compensation assumes that the City and its franchisee, Palm Springs Disposal Services(PSDS),will provide the necessary data in a complete and timely manner. Should certain data be unavailable, Contractor shall make reasonable assumptions regarding the data, which Contractor will document and forward to the City for review and comment. Contractor shall proceed with the analysis based upon the assumptions agreed upon bythe City and Contractor. Alternatively, if directed by the City's Contract Officer to do so, the Contractor will perform additional data collection and analysis tasks on a time-and-materials basis. • Face-to-face meetings with City staff are not included in the Contractor's scope of work. Contractor's staff will be available to City staff by telephone to discuss the project. • Contractor shall issue one draft report, revise it as appropriate based on written comments received from the City, and submit a final report. • Contractor's analysis is specific to the impact of residential Refuse Vehicles on residential streets only. Contractor's analysis does not include impacts associated with commercial Refuse Vehicles on commercial streets. Contractor shall provide the City with a letter report documenting all relevant information, assumptions, and resulting calculated impacts. While the City acknowledges that the Contractor deems the detailed analysis proprietary and that the City will not be provided with the detailed analysis, Contractor's letter report shall be of sufficient detail to provide the Citywith support for the actions taken by the City relevant to the information provided and to enable the City to justify and defend any legal challenge to such City actions.. If any action is commenced against the City seeking to compel production or disclosure of the analysis, City shall notify Contractor in writing within five (5) business days, and Contractor shall either: (1) Provide the detailed analysis, or(2) Defend Contractor's assertion of proprietary status for the detailed analysis. If Contractor elects to defend the proprietary status of the detailed analysis rather than provide the detailed analysis, then Contractor shall defend, indemnify and hold City harmless from any costs, damages, penalties or other consequences related to Contractor's refusal to disclose or produce the detailed analysis. Task 2: Perform a Franchise Fee Analysis The objective of this task is to recalculate the City's franchise fee based on gross receipts to make it comparable to the method of assessing franchise fees in many other jurisdictions. Additionally, Contractor shall compare the City's current and proposed franchise fee to other cities in Riverside County and shall identify other cities in Southern California that have higher franchise fee percentages. -8 - The proposed franchise fee amount shall be calculated as follows: • The current 18.50 fund" amount collected per ton will be eliminated going forward; • $4.54 of the $8.50 per ton will be used to offset the increased cost of disposal; • $3.96 of the$8.50 per ton will be converted to a franchise fee and/or vehicle impactfee, and added to the current franchise fee and administrative fees remitted to the City. As part of this task, Contractor shall estimate the amount of annual revenue that the Citywould have received from the new fee structure based on gross receipts and tonnage reported for the previous year. In addition to the information requested related to Task 1, Contractor shall request from PSDS information about its gross receipts and tonnage for analysis necessary to complete this task. City staff shall be responsible for providing information to Contractor about current fees remitted for a 12- month period. Task 3: Assist City to Amend Franchise Agreement and Brief City Officials The objective of this task is to assist the City in amending its franchise agreement to implement the new Refuse Vehicle impact and franchise fees developed in Tasks 1 and 2. Contractor shall prepare one draft of text required to amend the agreement and provide it to City staff. City staff will be responsible for forwarding the draft text to the City Attorney for formatting and final review. Contractor will participate in a meeting or briefing with City officials to answer questions related to the results of the scope of services performed by the Contractor. Schedule Contractor shall complete the impact fee and franchise fee analyses within 90 days of receipt of the necessary information from the City and Palm Springs Disposal Services. Services provided by Contractor under Task 3 will scheduled at the direction of the City's Contract Officer. -9- EXHIBIT °B° SCHEDULE OF COMPENSATION The estimated budget for Tasks 1, 2 and 3 is $38,000 as shown below: Task 1: Refuse Vehicle Impact Fee Analysis $22,500 Task 2: Franchise Fee Analysis $ 8,000 Task 3: Amend/present agreement 7,500 Total: $38,000 Tasks 1 and 2 will be performed on a fixed fee basis. Contractor will paid 50% of the budget for these tasks upon issuance of the draft report and the remaining portion will be paid after submittal of the final report for Tasks 1 and 2. Task 3 will be performed on time and materials basis. The City has allocated $7,500 for this task, and Contractor shall not exceed this allocation without the written approval of the City's Contract Officer. Payment is due with 30 days of invoicing, and a late fee of 1% per month may be added to amounts more than 30 days past due. Hourly rates for our consultants for the work performed under Task 3 are as follows: Senior Vice President $220 Senior Manager $185 Senior Associate $175 Associate $160 Assistant $95 Expenses for work performed under Task 3 will be billed as follows: Mileage: $0.405 per mile* (*or as adjusted by IRS allowance) In-house document reproduction: $0.15 per page Public conveyances: Actual Postage/overnight mail/other out of pocket: Actual - 10 - I ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID R DATE(MM/00/YYYY) HILTONF � 12/15/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOt California Coastal Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0381524 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2262 Camino Ramon, PO BOX 5076 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ramon CA 94583-1328 l .one: 925-866-7050 Fax:925-866-8275 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Preferred Employers Ins Co INSURER B' Landmark American Ins Co HILTON, FARNKOPF & HOBSON INSURERC NartGord Casualty Insurance Cc Kathleen Catton 2175 N California, Ste 990 INSURER Walnut Creek CA 94596 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRE TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 C X X OOMMERCIAL GENERAL LIABILITY 57SBAGB6653 12/15/04 12/15/05 PREMISES(Ea occurance) $ 300000 CLAIMS MADEOCCUR MED EXP(Any one person) 510000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE 5 2000000 GEML AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO $ 2000000 POLICY n JECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT C X ANY AUTO 57SBAGB6653 12/15/04 12/15/05 (Ea accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUOS (Per person) $ T X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccidenl) $ PROPERTY DAMAGE $ (Peraccidenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA AGO $ AUTO ONLY. AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 C OCCUR CLAIMSMADE 57SBAGB6653 12/15/04 12/15/05 AGGREGATE $ 2,000,000 S DEDPCTIBLE $ X RETENTION $10,000 5 WORKERS COMPENSATION AND XT RY LIMITS OER EMPLOYERS'LIABILITY A ANY R/PARTNER/EXECUTIVE WKN1121423 09/06/04 09/06/05 E.L.EACH ACCIDENT $ 1000000. OFFICCER/MEMBERIMEMB ER EXCLUDED? E L.DISEASE-EA EMPLOYEE $ 1 0 0 0 O O O. If yes,descdescribe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000. SPEC OTHER B Professional Liab LHR704232 06/01/04 06/01/05 Per Claim 1000000 Aggregate 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Palm Springs, its officers, employees and agents are named as additional insureds per the attached endorsement #SSO4490593. *10 Day Notice for Non-Payment of Premium CERTIFICATE HOLDER; CANCELLATION PAL14SPR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL t. City of Palm Springs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 E.Tahquitz Canyon Palm Springs CA 92263-1786 REPRESENTATIVES, AUTHORIZED REPRES\ENTATIV ACORD 25(2001/08) �` ©ACORD CORPORATION 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided underthe following: 57SBAGB6653 BUSINESS LIABILITY COVERAGE FORM C. Who is an insured in the BUSINESS LIABILITY For losses covered under the BUSINESS LIABILITY COVERAGE FORM is amended to include as an COVERAGE of this policy this insurance is primary insured the person or organization shown in the to other valid and collectible insurance which is Declarations but only with respect to liability arising available to the person or organization shown in the out of the operations of the named insured. Declarations as an Additional Insured. The City of Palm Springs, its officers, employees and agents I 1 Form SS 04 49 05 93 Printed in U.S.A. (NS) Copyright, Hartford Fire Insurance Company, 1993