HomeMy WebLinkAbout05005 - PACIFIC MUNICIPAL CONSULTANTS INTERIM DIRECTOR PLANNING SERVICES GARY WAYNE DOCUMENT TRACKING
Page: 1
Report: One Document Detail April 24, 2006
Cnnrlition: Documenf Nnmher AFnOFi,
Document# Description Approval Date Expiration Date Closed Date
A5005 Interim Dir. Of Planning Services, TOTAL NOT TO EXCEED$544,100 12/01/2004 12/31/2005
Company Name: Pacific Municipal Consultants
Address:
Contract Amt. Total Paid Balance
Group: CITY MANAGER $195,000.00 $195,000.00
Service: In File
xRef: CITY MANAGER
Ins. Status: No Certificate on file.
Document Tracking Items: Due Comoleted Tracking Amount Amount
Code Item Description Date Date Date Added Paid
MO 7739 -Amend 3- incr not to exc$544,100 09/07/2005
Amend 3 in file 09/30/2005
Amend 2 - in file 09/02/2005
Amend 1 -in file 04/28/2005 $120,000.00
MO 7687 Amend 2 - increased to$233,700 06/08/2005 $75,000.00
MO 7637 Amend 1 incr$120,000 - not prov 02/16/2005
distr to ACM orig agreement 02/28/2005
MO 7591
-SL' * * * * * ` END OF REPORT * * * * * *
�� 1
Pacific Municipal Co,15uj{-an} 5
Planning Consultant Services
Amendment #3
AGREEMENT #A5005
THIRD AMENDMENT TO AGREEMENT MO 7739, 9-7-05
FOR CONTRACT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS
This Third Amendment to the Consultant Services Agreement with Pacific Municipal
Consultants ("Third Amendment" or "Amended Agreement") is made and entered into this 7th day
of September, 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation
("City") and PACIFIC MUNICIPAL CONSULTANTS, a California Corporation ("Contractor")
and amends that certain "Contract Services Agreement with Pacific Municipal Consultants" (the
"Agreement") dated December 8, 2004 between the same parties.
RECITALS
A. On or about December 6, 2004, City and Contractor entered into a "Contract Services
Agreement' pursuant to which Contractor agreed to provide interim professional staffing
for the position of Director of Planing Services ("Project').
B. The Original Agreement was amended on February 16, 2005, by the First Amendment,
which among other things increased the Contract Sum and extended the Tenn of the
Agreement to June 30, 2005.
C. On or about June 8. 2005, the City and Contractor entered into the Second Amendment,
which among other things increased the Contract Sam and extended the Term of the
Agreement to December 31, 2005.
D. City continues to experience record levels of development activity resulting in a high
demand for planning services.
E. City does not currently have adequate personnel resources to keep up with the higher
demand for planning services forcing many development applications to be delayed.
F. City wants to minimize the delay in processing development applications and the
inconvenience it causes the development community.
G. City is also working on several special projects including a comprehensive update to its
AND I
General Plan and a thorough review of the Coachella Valley Multi-Species Habitat
Conservation Plan.
H. City does not have the staffing or expertise necessary to adequately process these special
projects.
I. Contractor has agreed to continue to provide additional staff support for planning and
environmental services at the hourly rates established in their proposal dated January 26"',
2005.
J. City and Contractor desire to again amend the Agreement for the purpose of extending
the term and increasing the Contract Stun to provide the additional professional staff that
is needed.
AGREEMENT
The Agreement is hereby amended as follows:
1. Section 1.1 "Services of Contractor" is an-tended as follows:
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 and professional manner consistent with this Agreement.
2. Section 2.0 "Compensation" is amended as follows:
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated ion 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 Five
Hundred and Forty Four Thousand One Hundred Dollars ($544,100)
("Contract Sum").
I Except as expressly provided herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be
effective as of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
City Managerp
APPROVED BY CITY COUNCIL
ATTEST: VY1A_ ItOlt�
Ity Clerk
APPROVED TO FORM: PACIFIC MUNICIPAL CONSULTANTS
City Atto ey Name: Philip O. Carter
Title: President
�d
EXHBIT "A"
SCOPE OF SERVICES
Contractor shall provide qualified staff support to assist in the processing of various
development applications in the City's Planning Services Department. Typical work
includes, but is not limited to the administration of approved plans and ordinances,
providing assistance to developers in conforming to plan requirements, limitations, and
design standards, processing applications and providing recommendations and staff
reports on zoning matters, including variances, conditional use permits, zone changes and
general plan amendments. At a minimum, Contractor agrees to assign one (1) a senior
level planner and one (1) associate level planner to the City on a full-time basis
(minimum of 30 hours per week). Contractor shall provide planners with a minimum of 5
years experience in urban and/or regional plarming. Unless otherwise arranged in
advance, all personnel assigned by Contractor shall be present in the City's Planning
Department during regular business hours each week.
In addition to providing general planning services, Contractor agrees to provide the
following special services as needed:
• Assist staff in the management and coordination of a comprehensive update to the
City's General Plan.
• Provide technical review and analysis of the Coachella Valley Multi-Species
Habitat Conservation Plan and associated environmental documentation.
• Provide on an as needed basis environmental planning,project management and
lead agency compliance with the California Environmental Quality Act(CEQA)
and the National Environmental Policy Act (NEPA).
EXHIBIT `B"
SCHEDULE OF COMPENSATION
For the services provided hereunder, Contractor shall be compensated at an hourly rate as
set forth in Contractor's Schedule of Rates provided below. Invoicing will occur on a monthly
basis, as work is completed. City shall use reasonable business efforts to pay Contractor within
thirty (30) days of receipt of invoice for services rendered.
Total compensation for all services provided pursuant to this Agreement shall not exceed
$544,100 without first obtaining the written permission from City.
CONTRACTOR SCHEDULE OF RATES
Position Hourly Rate
Senior Associate $120 per hour
Senior Planner $100 per hour
Associate Plamier $85 per hour
Assistant Planner $70 per hour
Graphics $65 per hour
Administration $60 per hour
1. Weekend and Holiday rates will be charged at 150% of the standard rates listed above.
2. All direct expenses will be charged at cost plus 10%.
3. Subconsultants will be charged at cost plus 10%. /
AP
U N
M E M O R A N D U M
fi (416phi).(V� M
C4i)
TO: Troy, Butzlaff
Assistant City Manager
FROM: Kathie Hart, CIVIC
Chief Deputy City Clerk
DATE: September 30, 2005
SUBJECT: Pacific Municipal Corp —A5005
Amendment Three
cc: File
Attached are two (2) duplicate originals of the above referenced agreement. We have retained
the original our files.
Please feel free to contact me if there are any questions, ext. 8206.
/kdh
attach.
SECOND AMENDMENT TO AGREEMENT
FOR CONTRACT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS
This Second Amendment to the Consultant Services Agreement with Pacific Municipal
Consultants ("First Amendment" or "Amended Agreement") is made and entered into this 8"' day
of June, 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation("City")
and PACIFIC MUNICIPAL CONSULTANTS, a California Corporation("Contractor") and
amends that certain "Contract Services Agreement with Pacific Municipal Consultants" (the
Pacific Municipal Consultants
"Agreement") dated December 8, 2004 between the same parties. Planning Consultant Services
Amendment #2
RECITALS AGREEMENT #5005
MO 7687, 6-8-05
A. On or about December 6, 2004, City and Contractor entered into a "Contract Services
Agreement"pursuant to which Contractor agreed to provide interim professional staffing
for the position of Director of Planning Services ("Project").
B. The Original Agreement was amended on February 16, 2005, by the First Amendment,
which among other things increased the Contract Sum and extended the term of the
Agreement to June 30, 2005.
C. City continues to experience record levels of development activity resulting in a high
demand for planning services.
D. City does not currently have adequate persomlel resources to keep up with the higher
demand for planning services forcing many development applications to be delayed.
E. City wants to minimize the delay in processing development applications and the
inconvenience it causes the development community.
F. City is also working on several special projects including a comprehensive update to its
General Plan and a thorough review of the Coachella Valley Multi-Species Habitat
Conservation Plan.
L'`,'IG9NAL BllD
AND/OFs ACR1;:UYMFNT`6'
G. City does not have the staffing or expertise necessary to adequately process these special
projects.
H. Contractor has agreed to continue to provide additional staff support for planning and
enviromnental services at the hourly rates established in their proposal dated January 261h
2005.
I. City and Contractor desire to again amend the Agreement for the purpose of extending
the tern and increasing the Contract Sum to provide the additional professional staff that
is needed.
AGREEMENT
The Agreement is hereby amended as follows:
1. Section 1.1 "Services of Contractor" is amended as follows:
1.1 Scope of Services. In compliance with all of the terns 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 and professional manner consistent with this Agreement.
2. Section 2.0 "Compensation"is amended as follows:
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 Two
Hundred and Thirty Three Thousand Seven Hundred Dollars ($233,700)
("Contract Sum").
Ce���
3. Section 5.0 "Tenn"is amended as follows:
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall commence on December 6, 2004 and continue in full
force until December 31, 2005.
4. Except as expressly provided herein, all other terns and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be
effective as of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
City Manager
ATTEST:
APPROVED BY Girt COUNCIL
tO
;,I'tyClerk
APPROVE AS TO FORM: PACIFIC MUNICIPAL CONSULTANTS
City ttorney Name: f p C>• r�P
Title: hFes l open+
61V—
EXHBIT "A"
SCOPE OF SERVICES
Contractor shall provide the following services:
• Provide staff support to assist in the processing of various development applications
including but not limited to: Conditional Use Permits, Land Use Permits, Design Review
applications and other development applications. At a minimum, Contractor agrees to
provide a senior level planner to serve as Interim Director of Planning Services until such a
time as the City retains a permanent replacement. The Interim Director of Planning
Services will manage the City's Planning Department, including both City and contract
planning staff. Unless otherwise arranged in advance, the Interim Director shall be present
in the City's Planning Department during regular business hours Monday through Friday.
In addition,the Interim Director shall attend the following regularly scheduled meetings:
Development Committee Meetings—Every Tuesday from 3 p.m. to 5 p.m.
Planning Commission—Meets in regular or study session every Wednesday at 1:30 p.m.
City Council—Meets in regular or study session every Wednesday at 6:00 p.m. When
requested by the City's Contract officer, the Interim Director shall attend Closed Session
meetings (Wednesday at 5:00 p.m.).
The following employee of Contractor is hereby designated as the Interim Director of
Planning Services under this Agreement and is authorized to act on Contractor's behalf
with respect to the work specified herein and make all decisions in connection therewith:
Norm Canchola
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing employee was a substantial inducement for City to enter into this Agreement. A
copy of Mr. Canchola's resume is attached and incorporated herein by this reference.
Therefore, the foregoing employee 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 employee may not
be replaced nor may their responsibilities be substantially reduced by Contractor without
the express written approval of City.
• In addition to providing the foregoing individual to serve as Interim Director of Planning
Services, Contractor agrees to assign one (1) senior level planner and one (1) associate
level planner to the City on a full-time basis (minimum of 30 hours per week). Contractor
shall provide planners with a minimum of 5 years experience in urban and/or regional
planning. Unless otherwise arranged in advance, all personnel assigned by Contractor shall
be present in the City's Planning Department during regular business hours each week.
• Assist staff in the management and coordination of a comprehensive update to the City's
General Plan.
• Provide technical review and analysis of the Coachella Valley Multi-Species Habitat
Conservation Plan and associated environmental documentation.
• Provide on an as needed basis enviromnental planning project management and lead
agency compliance with the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA).
EXHIBIT`B"
SCHEDULE OF COMPENSATION
For the services provided hereunder, Contractor shall be compensated at an hourly rate as
set forth in Contractor's Schedule of Rates provided below. Invoicing will occur on a monthly
basis, as work is completed. City shall use reasonable business efforts to pay Contractor within
thirty (30) days of receipt of invoice for services rendered.
Total compensation for all services provided pursuant to this Agreement shall not exceed
$231,700 without first obtaining the written permission from City.
CONTRACTOR SCHEDULE OF RATES
Position Hourly Rate
Senior Associate $120 per hour
Senior Planner $100 per hour
Associate Planner $85 per hour
Assistant Planner $70 per hour
Graphics $65 per hour
Administration $60 per hour
1. Weekend and Holiday rates will be charged at 150% of the standard rates listed above.
2. All direct expenses will be charged at cost plus 10%.
3. Subconsultants will be charged at cost plus 10%.
Norm Canchola
PO Box 0297, Wrightwood, CA 92397
(909) 210-9700
nonn37002002@yahoo.com
Summary of Qualifications
Administrative Services Manager, a professional manager with over fifteen years
experience in city planning administration, project management and code enforcement.
Directed Planning, Building and Safety, Engineering, Human Services and
Parks and Recreation Departments.
A leader in the community and an effective catalyst in team environments;
promotes collaboration and teamwork.
Developed department strategic plan and coordinated implementation with
Multi-functional departments.
Effective liaison and negotiator between government and private sector,
business community and general public, including public relations and
fiduciary responsibilities.
Accomplishments
Produced $2 million tax revenue through development of large shopping mall,
Industrial park and Professional development zone.
• Managed a staff of six specialists to coordinate forty-five neighborhoods and specific
projects to upgrade old communities; involving housing rehabilitation, infill housing,
tenant awareness, property management, graffiti removal and community policing.
Administered entitlement process for residential and commercial projects in the
Inland Empire; 7,500 dwelling units and 200 acres of industrial development.
Instrumental in the General Plan and new zoning ordinance,budget, bid specification
And construction of a new City Jail.
Professional Experience
Pacific Municipal Consultant, San Diego, California, 2005 - to present
Consultant for public agencies must establish efficient and effective management
programs to respond to fluctuating workloads and local priorities.
Norm Canchola
Precious Moments, Wrightwood, California, 1996 - to present
CEO, manage all aspects of business. Photographic business, landscaping, portraiture
and family portraiture.
County of Riverside, Mmrrieta, California, 2004 -2005
Land Use, processing development in the County of Riverside, including zoning, uses,
building permits and variance and other application.
City of Winslow, Winslow, Arizona, 1998 -1999
Economic Development & Community Services Director managed all economic activities
for the City; including Plam2ing, Building and Safety, Code Enforcement, Parks and
Recreation and the Library.
City of Santa Ana, Santa Ana, California, 1991-1996
Neighborhood Coordinator managed a staff responsible for various programs to upgrade
old neighborhoods.
Homestead Land Development Corporation, Corona, California
Project Manager/Planner,managed budget, contracts and administration on consultant
contracts for planning, engineering and landscaping. Negotiated project development
agreements with the city, comity, school district and interested parties.
City of San Fernando, San Fernando, California, 1983-1989
Planning Director managed all city planning, code enforcement and building and safety
activities. Negotiated project development agreements and acted as liaison with the City
Council, Agency, and Planning Commission.
City of Brea, Brea, California, 1980-1983
Senior Planner/Community Development Director managed Planning, Building and
Safety, Engineering, Human Services and Parks and Recreation departments.
Coordinated all grant applications for funding sources.
County of Orange, Santa Ana, California, 1974-1980
Planner, reviewed, development proposals emphasizing design and plan compliance.
Interpreted ordinances investigated complaints and issued permits.
Education
BA Geography/Planning, California State University, Fullerton, California
AA,Pre-Dental and Pre-Engineering, Fullerton College
racific Municipal Consultants
Interim Dir. of Planning Svcs.
Amendment#1
AGREEMENT#5005
MO 7637, 2-16-2005
j FIRST AMENDMENT TO AGREEMENTFOR CONTRACT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS
I
This First Amendment to the Consultant Services Agreement with Pacific Municipal
Consultants ("First Amendment'or"Amended Agreement') is made and entered into this 16t"
day of February, 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation
("City") and PACIFIC MUNICIPAL CONSULTANTS, a California Corporation ("Contractor")
and amends that certain"Contract Services Agreement with Pacific Municipal Consultants" (the
"Agreement") dated December 8, 2004 between the same parties.
RECITALS
A. On or about December 6, 2004, City and Contractor entered into a"Contract Services
Agreement'pursuant to which Contractor agreed to provide interim professional staffing
for the position of Director of Planning Services ("Project') at a fixed monthly rate of
$12,900 for a limited term a not-to-exceed maximum cost of$38,700 ("Contract Sum")
without the expressed written consent of City.
B. City is experiencing record levels of development activity resulting in a high demand for
planning services.
C. City does not currently have adequate personnel resources to keep up with the higher
demand for planning services forcing many development applications to be delayed.
D. City wants to minimize the delay in processing development applications and the
inconvenience it causes the development community.
E. City is also currently working on several special projects including a comprehensive
update to its General Plan and a thorough review of the Coachella Valley Multi-Species
Habitat Conservation Plan.
F. City does not have the staffing or expertise necessary to adequately process these
projects.
OROMAL E0
AWf /OR vni iEFF,DrEHT ��
G. Contractor has submitted a proposal dated January 26, 2005 to provide additional staff
support for planning and environmental services.
H. City and Contractor desire to amend the Agreement to modify the scope of services and
increase the Contract Sum to provide the additional professional staff that is needed.
AGREEMENT
The Agreement is hereby amended as follows:
1. Section 1.1 "Services of Contractor" is amended as follows:
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 perfornied in a
competent and professional manner consistent with this Agreement.
2. Section 2.0 "Compensation" is amended as follows:
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated ion 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 One
Hundred and Twenty Thousand Dollars ($120,000) ("Contract Stun").
3. Section 5.0 "Tenn" is amended as follows:
5.1 Tenn. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall commence on December 6, 2004 and continue in full
force until June 30, 2005.
4. Except as expressly provided herein, all other terns and conditions of the
Agreement shall remain in frill force and effect. � w�
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be
effective as of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
By
City Manager C/
ATTEST: - APPROVED BY CITY COUNCIL
�Ity Clerk-
APPROVED AS TO FORM: PACIFIC MUNICIPAL CONSULTANTS
City At4orney Name: Philip 0. Carter
Title: President
EXHBIT "A"
SCOPE OF SERVICES
Contractor shall provide the following services:
• Provide staff support to assist in the processing of various development applications
including but not limited to: Conditional Use Permits, Land Use Permits, Design Review
applications and other development applications. At a minimum, Contractor agrees to
provide a senior associate to serve as Interim Director of Planning Services until such a
time as the City retains a permanent replacement. The Interim Director of Planning
Services will manage the City's Plamiing Department, including both City and contract
planning staff. Unless otherwise arranged in advance, the Interim Director shall be
present in the City's Planning Department during regular business hours each week,
Tuesday through Thursday, and shall attend the following regularly scheduled meetings:
Development Committee Meetings—Every Tuesday from 9 a.m. to Noon
Planning Commission—Meets in regular or study session every Wednesday at 1:30 p.m.
City Council—Meets in regular or study session every Wednesday at 7:00 p.m.
The Interim Director shall be available the remainder of the City's workweek via phone,
fax and email. When requested by the City's Contract Officer,the Interim Director shall
attend Closed Session Meetings (Wednesday at 5:00 p.m.)
Based on the qualifications information provided to the City by Contractor, the City
approves the selection of Gary Wayne as Interim Director of Planning Services.
Contactor shall not substitute other personnel for Mr. Wayne unless approved in advance
by City.
• In addition to the senior associate, Contractor agrees to assign one (1) senior level
planner and one (1) associate level planner to the City on a full-time basis (40 hours per
week). Contractor shall provide planners with a minimum 5 years experience in urban
and/or regional planning. Unless otherwise arranged in advance, all personnel assigned
by Contractor shall be present in the City's Planning Department during regular business
hours each week.
• Assist staff in the management and coordination of a comprehensive update to the City's
General Plan.
• Provide technical review and analysis of the Coachella Valley Multi-Species Habitat
Conservation Plan and associated environmental documentation.
• Provide on an as needed basis environmental planning, project management and lead
agency compliance with the California Enviromnemal Quality Act(CEQA) and the
National Environmental Policy Act (NEPA).
• Provide any other services as needed/requested by the City Manager.
EXHIBIT `B"
SCHEDULE OF COMPENSATION
For the services provided hereunder, Contractor shall be compensated at an hourly rate as
set forth in Contractor's Schedule of Rates provided below. Invoicing will occur on a monthly
basis, as work is completed. City shall use reasonable business efforts to pay Contractor within
thirty(30) days of receipt of invoice for services rendered.
Total compensation for all services provided pursuant to this Agreement shall not exceed
$120,000 without first obtaining the written permission from City.
CONTRACTOR SCHEDULE OF RATES
Position Hourly Rate
Senior Associate $120 per hour
Senior Planner $100 per hour
Associate Planner $85 per hour
Assistant Planner $70 per hour
Graphics $65 per hour
Administration $60 per hour
1. Weekend and Holiday rates will be charged at 150% of the standard rates listed above.
2. All direct expenses will be charged at cost plus 10%.
3. Subconsultants will be charged at cost plus 10% and are as listed below:
a. Eilar&Associates (The "Boulders" Project) $5,500
b. Bumgartner Biological Consulting (MSHCP Project) $3,300
C. Rob, Roy, Ramey (MSHCP Project) $3,671
d. CIC Research, Inc. (MSHCP Project) $ 550
Pacific Municipal Consultants
Interim Dir. Of Planning Svcs.
AGREEMENT#5005
MO 7591, 12-01-04
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Interim Professional Staffing of Director of Planning Services Position
THIS CONTRACT SERVICES A REEMENT (herein "Agreement") is made and
entered into this y� r� day of (,gM 004, by and between the CITY OF PALM
SPRINGS, a municipal corporation (herein "City")and Pacific Municipal Consultants(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 and professional manner consistent with this Agreement.
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 two hundred seventy Dollars
($38,700) ("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 i': •'
3.1 Representative of Contractor. Philip Carter 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. Assistant City Manager Troy Butzlaff 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 AgainstSubcontractingorAssignment. 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, 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 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 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 any judgment 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.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2
below, this Agreement shall commence on December 6, 2004 and continue in full force until
February 3, 2005.
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 may be specifically approved
by the Contract Officer. In the event of termination by the City, Contractor shall be entitled
to compensation for all services rendered prior to the effectiveness of the notice of
termination and for such additional services specifically authorized by the Contract Officer
and City shall be entitled to reimbursement for any compensation paid in excess of the
services rendered.
6.0 MISCELLANEOUS
6.1 Covenant 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 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-liabilitv of Citv Officers and Emplovees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the
event of any default or breach by the City or for any amount which may become due to the
Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class mail, in
the case of the City, to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to Phillip O. Carter 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 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 u n enforceability 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 parry'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 Attornevs' 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 Authoritv. 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.
6.11 Contractor's Emplovees. The City acknowledges and agrees that the
Contractor has invested considerable time and money that would be difficult to quantify in
the training and development of Contractor's employees. Therefore, without receiving the
Contractor's written permission, the City agrees not to hire, retain or contract with any
employee of Contractor who performs services for the City under this Agreement for a
period of one year from the date this Agreement is terminated.
SIGNATURES ON FOLLOWING PAGES
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
.. -% � ;�
City Clerk By -- City Mana e;09
APPROV TO FORM:
12 AO
By City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Pacific Municipal Consultants
10461 Old Placerville Road,Suite 110
Rancho Cordova,CA95827
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,pt`phief Financial Officer).
�p
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By: �'�� � ey:
Signature(notarized) 4�. Signature(notarized) U f
Name: 4;40 .l.f V Ie N ame•I UG(S�-e�./�ia�y JI°!7 l Aetf'
Title:r cs;d(f 4-- Title611Y-C1Vd f s'
Stateof8j(6jCt/t2 ❑ Staf of ❑
Couunnttyof.,� eV072`wftss r� Count of ❑ss
On "/ before me,y��/� R. &)✓//O v��bn before me, ,
personally appeared ph.017" Z)- �Qdi-C� personally app red
personally known to me(or --oe=tha=basiseof personally kno o me(or proved to me On the basis of
C�ctogcevidaaca)tobethepersorh�,6Jwhosename( } satisfactory Jtobetheperson(s)whosename(s)
is/ subscribed to a within instrument and is/are subscribed the within instrument and
ckOmf
a he TaeltbGy executed the same acknowledged to meth the/she/they executed the same
rizedcapacity* and that by in his/her/their authoriz capacity(ies), and that by
(}'ontheinstrumentthepersonNf his/her/theirsignature(s)o heinstrumenttheperson(s),
half of which the personyacted, or the entity upon behalf of hich the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my and and official seal. WITNESS my hand and offici seal.
Notary Signatur �/. Notary Signature:
1
Notary Seal: / Notary Seal:
DANA M.WILLOUGHBY
+ 01MV
Commission S 1630164 I /�� Clef
n
.� Notary Public-Calllomta jAv/ l
' ' CSacramento omm.Extakes Nou26,2�/ ,/,p ��-/ `
CSacramentoCounty tCLC-+(.Ey1/
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Certificate for Proof of Execution by Subscribing Witness
State of California
County of Sacramento } ss.
On February 1, 2005, before me, Dana M. Willoughby, the
undersigned, a notary public for the state, personally appeared
Jennifer LeBoeuf, personally known to me to be the person whose
name is subscribed to the within instrument, as a witness thereto,
who, being by me duly sworn, deposed and said that she was present
and heard acknowledged Tad Stearn, the same person described in
and whose name is subscribed to the within and annexed instrument
in his authorized capacity as a party thereto, execute the same, and
that said affiant subscribed her name to the within instrument as a
witness at the request of Tad Stearn.
WITNESS my hand and official seal.
NOTARY SIGNATURE NOTARY SEAL
oft/ — - - — - — /
DANA M WILLOUGHBY `
O,MyComm
CommissionS 1530164Notary Public-CaliforniaSacramento County
ExpiresNo=26,200EI
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide the services of an Interim Director of Planning Services.
The Interim Director will manage the City's Department of Planning Services, including
both City and contract planners. The Department is responsible for Current Planning
which includes the review and processing of applications for development permits and sign
permits and for ensuring that proposed subdivisions are consistent with the City's Zoning
Ordinance and General Plan and other land use policy documents. Department staff is also
responsible for current planning activities associated with historic structures and sites.
Unless otherwise arranged in advance, the Interim Director shall be present in the City's
Planning Department offices during regular City work hours each week, Tuesday through
Thursday, and shall attend the following regularly scheduled meetings:
Development Committee Meeting — every Tuesday from 9 AM to noon;
Planning Commission- meets in regular or study session every Wednesday at 1:30 PM;
City Council- meets every Wednesday in regular or study session at 7:00 PM.
The Interim Planning Director shall be available the remainder of the City's workweek via
phone, fax and email. When requested by the City's Contract Officer, the Interim Planning
Director shall attend Closed Session Meetings (Wednesdays at 5:00 PM).
Based on the qualifications information provided to the City by Contractor, the City
approves the selection of Gary Wayne as Interim Director of Planning Services. Contractor
shall not substitute personnel unless approved by the City on writing.
EXHIBIT "B"
SCHEDULE OF COMPENSATION
For the services provided hereunder, Contractor shall be compensated at a rate of
$12,900 per month.
Total compensation for services provided shall riot exceed $38,700.
The City shall use reasonable business efforts to pay Contractor within 30 days of
receipt of an invoice for service rendered.
ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE 02/O /051 ml
/OS
PRODUCER 1-949-729-0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hilb Regal a Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Professional Practice Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2030 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 350
Irvine, CA 92614 INSURERS AFFORDING COVERAGE
INSURED INSURERA Fidelity and Guaranty Insurance Underwriters
Pacific Municipal Consultants
INSURERS United States Fidelity & Guaranty Company
10461 Old Placerville Rd., Ste. 110 INSURERC.St. Paul Fire and Marine Insurance Co.
Rancho Cordova , CA 95827 INSURER D:Continental Casualty Company
I 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 POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OFINSURANCE POLICY NUMBER DATE IMM/DDmI DATE IMMIDIONYI LIMITS
A GENERAL LIABILITY BK01772919 06/01/04 06/01/05 EACH OCCURRENCE $2,000,000
% COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300,000
CLAIMS MADE IE OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $4,000,000
POLICY Y. PRO, n LOC
B AUTOMOBILE LIABILITY BA01829167 07/14/04 07/14/05
COMBINED SINGLE LIMIT 11000,000
X ANY AUTO (Ea accitlent)
ALL OWNED AUTOS
— BODILY INJURY $
_ SCHEDULED AUTOS (Porperson)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per acotlen0
PROPERTY DAMAGE $
(Per aoddent)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGO $
A EXCESS LIABILITY BRO1772919 06/01/04 06/01/05 EACH OCCURRENCE $2,000,000
OCCUR CLAIMS MADE AGGREGATE §2,000,000
DEDUCTIBLE $
RETENTION $ $
WCSLIMIT
C WORKERS COMPENSATION AND EW01878451 09/01/04 09/01/05 XI ORY LMITS T OR
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 11000,000
E L.DISEASE-EA EMPLOYEE $1,000,000
E L.DISEASE-POLICY LIMIT $1,000,000
OTHER
D Professional Liability MCA254079593 09/15/04 09/15/05 Per Claim -2,000,000
Aggregate $3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is named as an Additional Insured per attached endorsement.
All operations of the named insured.
The City of Palm Springs, its officers, employees and agents, and their respective insurers.
PMC Project - Interim Professional Staffing - Director of Planning Services
CERTIFICATE HOLDER I s ADDITIONAL INSURED;INSURER LETTER: . A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL EXMXY( Y4 MAIL 30 DAYS WRITTEN
Troy Butzlaff NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AAX%XNNNX9161579@C=KXX
Risk Management Dept. ffiggNgggXgyyp�yMNy §ffip �XCtEXdCNN7S9CffiIIX
3200 Tahquitz Canyon Way
XIYNFWI6NX%%XXXXXXX%%%XXXXXXXXXXXXX%XXX%%%%XXXXX7cXXXXXX
Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE
USA Ali
ACORD 25•S(7197) PMCSz Q ACORD CORPORATION 1988
2467621 PDWeredB r
YCertificatesNDwm
_ J
Page I of 2
LIABILITY COVERAGE ENHANCEMENT
ARCHITECTS AND ENGINEERS
ENDORSEMENT
Name Insured: Pacific Municipal Consultants Policy No: BKO1772919
Additional Insured: The City of Palm Springs, its officers, employees and agents, and their respective
insurers.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART
1. The following replaces the final paragraph of SECTION II.WHO
IS AN INSURED,L:
However,no person or organization is an insured with respect to (2) "Bodily injury,""property damage,""personal injury"
the conduct of any current or past partnership,joint venture, or"advertising injury"for which such person or
limited liability company or trust that is not shown as a Named organization has assumed liability in a contract or
Insured in the Liability Coverage Part Declarations. This agreement,except for liability for damages that such
provision does not apply to you,for your participation in any person or organization would have in the absence of
past or present"unnamed joint venture,"or if that person or the contract or agreement;
organization is otherwise an insured under Paragraph 2.below.
2. The following is added to SECTION II.WHO Is AN INSURED,2.: (3) "Property damage"to:
(a) Property owned,used or occupied by,or loaned
or rented to,such person or organization;
Person Or Organization Required By Written Contract (b) Property over which such person or
organization is for any purpose exercising
physical control;or
(c) "Your work"performed for the insured;or
Any person or organization that you agree to add as an insured (4) "Bodily injury,""property damage,""personal
under this Liability Coverage Part in a written contract or injury"or"advertising injury"arising out of any
agreement that is made before,and in effect when,the"bodily architect's,engineer's or surveyor's rendering
injury"or"property damage"occurs or the offense that causes of,or failure to render,any"professional
the"personal injury"or"advertising injury"is first committed, service,"when such person or organization is an
but only with respect to that person's or organization's liability architect,engineer or surveyor.
arising out of"your work"for that person or organization.
However,such person or organization is not an insured with 3. The following is added to SECTION II.WHO Is AN
respect to any: INSURED:
(1) "Bodily injury,""property damage,""personal injury"or "Unnamed Joint Venture"
"advertising injury"that does not arise out of:
(a) Your negligence; or You are an insured for your participation in any past or
present"unnamed joint venture."
(b) The negligence of another person or organization However,you are not an insured if the"unnamed joint
for whom you are liable; venture"has:
a. Direct employees;or 4. The following replaces SECTION III.LIMITS OF LIABILITY,
2.b.:
b. Owns,rents,or leases any real or personal property.
No other member or partner,or their spouses,of any past or b. Will apply separately to the sun of all:
present"unnamed joint venture"is an insured.
(1) Damages because of"bodily injury"and
"property damage,"under SECTION I.
COVERAGE,A.Liability above;and
(2) Medical payments for"bodily injury,"under
SECTION I.COVERAGE,B.Medical Payments
St Paul Form CL/BF 26 09 09 03
Page 2 of 2
above;
arising out of each location listed in the Schedule of However,we waive any right of recovery and proceeds
Premises or each of"your projects;"and we may have against any person or organization that is
added as an additional insured under the paragraph
Person Or Organization Required By Written
Contract of SECTION II.WHO IS AN INSURED,2.:
5. The following replaces SECTION IV.CONDITIONS,5."Other a. Because of payments we make for"bodily
Insurance,"a.Primary Insurance,(2): injury,""property damage,""personal injury"or
"advertising injury"arising out of"your work"
in ongoing operations or included in the
"products-completed operations hazard";and
(a) Paragraph It.Certain Additional Insureds By It. Performed under a written contract or agreement
Contract or Agreement;or that is made before,and in effect when,the
"bodily injury"or"property damage"occurs or
the offense that causes the"personal injury"or
"advertising injury"is committed;and
(b) Persons Or Organizations Required By Written C. You specifically agree in such written contract
Contract; or agreement to waive those rights of recovery
and proceeds for such person or organization.
if you specifically agree,in that written contract or 8. The following are added to SECTION V.DEFINITION&
agreement,that this insurance must be primary to,
and non-contributory with,such"other insurance." "Unnamed joint venture"means any joint venture in
This insurance will then be applied as primary which you are a member or partner where:
insurance for damages for"bodily injury,"
"property damage,""personal injury"or
"advertising injury"to which this insurance applies
and that are incurred by such person or
organization,and we will not share those damages
with such"other insurance."
a. Each and every one of your co-ventures in that
joint venture is an architectural,engineering or
surveying finn;and
6. The following is added to SECTION IV.CONDITIONS,5."Other It. That joint venture is not named in the Liability
Insurance,"It.Excess Insurance: Coverage Part Declarations.
This insurance is excess over an"other insurance" "Your premises"means any premises,site,or location
whether primary,excess,contingent or on any other basis owned or occupied by,or rented to,you.
that is available to you for your participation in any past
or present"unnamed joint venture."
"Your project:"
(2) However,this insurance will be considered primary a. Means any premises,site or location at,on,or in
to,and non-contributory with,"other insurance" which"your work"is not yet completed;and
issued directly to a person or organization added as
an addition insured under SECTION 11.WHO Is AN
INSURED,2.:
It. Does not include"your premises"or any
location listed in the Schedule of Premises.
7. The following is added to SECTION IV.CONDITIONS,8.
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
NOT/CE OF CANCELLATION.' If we cancel this policy for any reason other than non-payment of premium,we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium,we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St Paal Fonn CL/BF 26 09 09 03
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
This endorsement changes the policy to which it is attached effective on inception date of the policy unless
a different date is indicated below.
(Tire following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement,effective 12:01 AM forms a part of Policy No. 13WO1878451
Issuedto: Pacific Municipal Consultants
By: St. Paul Fire and Marine Insurance Co.
Premium: INCL
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this agreement
from us).
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 %of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization
The City of Palm Springs, its officers, employees and agents
and their respective insurers.
Job Description
Interim Professional Staffing -Director of Planning Services
WC 04 03 06 Countersigned by A20/+
(Ed.4-84) Authorized Representative
Policy Number: BA01829187 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
X BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS' COVERAGEPART.
SCHEDULE
Name of Person or Organization:
The City of Palm Springs,its officers,employees and agents,and their respective insurers.
A. The person or organization shown in the Schedule is included as an insured but only if liable for
the conduct of an"insured"and only to the extent of that liability.
B. CANCELLATION
1. If we cancel the policy,we will mail notice to such person or organization in accordance
with the Common Policy Condition.
2. If you cancel the policy,we will mail notice to such person or organization.
3. Cancellation ends this agreement.
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Copyright,Insurance Services Office,Inc.,1988
CL/CA 99 09 10 90