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Community Redevelopment Agency Staff Report
DATE: October 1, 2008 CONSENT CALENDAR
SUBJECT: APPROVAL OF AGREEMENT NO. WITH THE FAIR HOUSING
COUNCIL OF RIVERSIDE COUNTY, INC., IN THE AMOUNT OF $35,646
FOR FAIR HOUSING SERVICES THROUGH EDUCATION,
TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
SUMMARY
The City Council has awarded Community Development Block Grant (CDBG) funds for
the current fiscal year on April 2, 2008 to the Fair Housing Council of Riverside County,
Inc. to provide fair housing services to affirmatively further fair housing rights and
obligations.
In the past several years, as the City's CDBG entitlement has decreased, the Agency
has supplemented the funding of the fair housing services to expand the range of fair
housing service through education, training/technical assistance and enforcement. The
City is obligated, as a CDBG Entitlement Community, to provide for fair housing
services and the Agency's contribution has been a way of fulfilling that obligation. This
action would authorize the Agency's funding.
RECOMMENDATION;
Approve an Agreement with Fair Housing Council of Riverside County, Inc., for fair
housing services through education, training/technical assistance and enforcement in
the amount of$35,646, A._
Item No. RX 2 •
CRA Staff Report
October 1, 2008 - Page 2 of 2
Fair Housing Council of Riverside County, Inc.
FISCAL IMPACT:
The contract would use $35,646 in Low/Mod Housing Funds, in the contractual services
line item.
0OHN, . R(A MONDD DALE E. COOK JR.
@kaefor of Community & Economic Development Community Development Administrator
THOMAS J. WiLSON DAVID H. REA
Assistant City Manager - Development Services Executive Direct
Attachment: Agreement
Da IeCIRedevIFa i rHsng Cn cI_C RA_StaffReport.OctO8
Q,2
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACTUAL SERVICES (the "Agreement") is
made and entered into this _ day of October , 2008, by and between the Community
Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic
(herein "Agency"), and Fair Housing Council of Riverside County. Inc. , (herein
"Provider").
RECITAL
A. Agency desires to supplement the funding of fair housing services and
expand the range of fair housing services through education, training/technical
assistance and enforcement.
B. The Provider has submitted a proposal to provide such fair housing
services to the Agency pursuant to the terms of this Agreement.
C. Based on its experience and reputation, the Provider is qualified to provide
the necessary fair housing services to the Agency and desires to provide such services.
D. Agency desires to engage the services of Provider.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the parties hereto agree as follows:
AGREEMENT
1. SERVICES OF PROVIDER
1.1 Scone of Services. In compliance with all terms and conditions of this
Agreement, Provider shall provide pro forma analysis and research services to Agency
as described in the Scope of Services/VVork attached to this Agreement as Exhibit "A"
and incorporated herein by reference (the "services" or "work"), which includes the
agreed upon schedule of performance and the schedule of fees. Provider warrants that
all services and work shall be performed in a competent, professional, and satisfactory
manner in accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of Agency and any federal, state, or local governmental agency of
competent jurisdiction.
1.3 Licenses and Permits. Provider 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.
FairHsngCncl_ContractSNsAgrmt.Septoe
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1.4 Familiarity with Work,. By executing this Agreement, Provider warrants
that it has carefully considered how the work should be performed and fully understands
the facilities, difficulties, and restrictions attending performance of the work under this
Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Provider is an
essential condition of this Agreement. Provider shall prosecute regularly and diligently
the work of this Agreement according to the agreed upon schedule of performance set
forth in Exhibit "A". Provider shall not be accountable for delays in the progress of its
work caused by any condition beyond its control and without the fault or negligence of
Provider. Delays shall not entitle Provider to any additional compensation regardless of
the party responsible for the delay.
3. COMPENSATION OF PROVIDER
3.1 Compensation of Provider. For the services rendered pursuant to this
Agreement, Provider shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit 'A," which total amount shall not exceed a total
amount of $35,646.00 .
3.2 Method of Payment. In any month in which Provider wishes to receive
payment, Provider shall no later than the first working day of such month, submit to
Agency in the form approved by City's Controller, an invoice for services rendered prior
to the date of the invoice. Payments shall be based on the hourly rates as set forth in
Exhibit "A" for authorized services performed. Agency shall pay Provider for all
expenses stated thereon, which are approved by Agency consistent with this
Agreement, within thirty (30) days of receipt of Provider's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services[vVork is requested by Agency, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Provider's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the Agency Board for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to Agency.
2 FNNK$ngCnol ContractSrvsAgn t SoptOG
24
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A". The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Majeure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Provider, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Provider shall within ten (10) days
of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain the facts and the extent of any necessary delay, and extend the time for
performing the services for the period of the enforced delay when and if in the Contract
Officer's judgment such delay is justified, and the Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement-
4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of twelve
months, commencing on July 1, 2008, and ending on June 30, 2009, unless extended
by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Provider. The following principal of Provider is hereby
designated as being the principal and representative of Provider authorized to act in its
behalf with respect to the services and work specified herein and make all decisions in
connection therewith: Rose Mayes, Executive Director. It is expressly understood that
the experience, knowledge, education, capability, and reputation of the foregoing
principal is a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement
for directing all activities of Provider and devoting sufficient time to personally supervise
the services hereunder. The foregoing principal may not be changed by Provider
without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the Agency Executive
Director, or his/her designee. It shall be the Provider's responsibility to keep the
Contract Officer, or his/her designee, fully informed of the progress of the performance
of the services and Provider shall refer any decisions that must be made by Agency to
the Contract Officer. Unless otherwise specified herein, any approval of Agency
required hereunder shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Provider, its principals and
employees, were a substantial inducement for Agency to enter into this Agreement.
Therefore, Provider shall not contract with any other individual or entity to perform in
3 FairHsngCncl_ContractSwsAgn t.5eptos
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whole or in part the services required hereunder without the express written approval of
Agency. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of
Agency.
5.4 Independent Contractor. Neither Agency nor any of its employees shall
have any control over the manner, mode, or means by which Provider, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Provider shall perform all services required herein as an independent contractor of
Agency and shall not be an employee of Agency and shall remain at all times as to
Agency a wholly independent contractor with only such obligations as are consistent
with that role; however, Agency shall have the right to review Provider's work product,
result, and advice. Provider shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of Agency.
5.5 Personnel. Provider agrees to assign the following individuals to perform
the services set forth herein. Provider shall not alter the assignment of the following
personnel without the prior written approval of the Contract Officer. Acting through the
Agency Executive Director, the Agency shall have the unrestricted right to order the
removal of any personnel assigned by Provider by providing written notice to Provider.
Name. Title:
Amanda Speed Fair Housing Counselor
6. INSURANCE
Provider shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Provider shall defend (at Provider's sole
cost and expense), indemnify, protect, and hold harmless Agency, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and
expenses including legal costs and attorney fees (collectively "Claims"), including but
not limited to Claims arising from injuries to or death of persons (Provider's employees
included), for damage to property, including property owned by Agency, from any
violation of any federal, state, or local law or ordinance, and from errors and omissions
committed by Provider, its officers, employees, representatives, and agents, which
Claims arise out of or are related to Provider's negligence or willful misconduct in the
performance of this Agreement, but excluding such Claims arising from the negligence
or willful misconduct of the Agency, its elected officials, officers, employees, agents, and
volunteers. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Provider's indemnification obligation or
other liability hereunder.
4 FalrHsngCncl_Contract$mAg"t septoa
B. RECORDS AND REPORTS
8.1 Reports. Provider shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Provider shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Provider in the performance of this
Agreement, with the exception of computer models developed by Provider, shall be the
property of Agency and shall be delivered to Agency in PDF format upon request of the
Contract Officer or upon the termination of this Agreement, and Provider shall have no
claim for further employment or additional compensation as a result of the exercise by
Agency of its full rights or ownership of the documents and materials hereunder.
Provider may retain copies of such documents for its own use. Provider shall have an
unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Provider in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Provider shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by Agency and copies
thereof shall be promptly furnished to Agency upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Provider covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of Agency shall be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Provider. 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.
5 FairHmgCncl_Contmct3wsAgn t Scp108
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9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. Agency reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Provider, except that where termination is due to the fault of Provider
and constitutes an immediate danger to health, safety, and general welfare, the period
of notice shall be such shorter time as may be determined by the Agency. Upon receipt
of the notice of termination, Provider shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Provider shall be
entitled to compensation for all services rendered prior to receipt of the notice of
termination and for any services authorized by the Contract Officer thereafter. Provider
may terminate this Agreement, with or without cause, upon thirty (30) days written
notice to Agency.
10. AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liability of Agency Officers and Employees. No officer or
employee of Agency shall be personally liable to the Provider, or any successor-in-
interest, in the event of any default or breach by Agency or for any amount which may
become due to the Provider or its successor, or for breach of any obligation of the terms
of this Agreement.
10.2 Covenant Against Discrimination. Provider covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination or segregation in the performance of or in connection
with this Agreement regarding any person or group of persons on account of race, color,
creed, religion, sex, marital status, disability, sexual orientation, national origin, or
ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, 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 pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
6 Fa1rHsngCnc1_Contr3c15N5A9rmt Sup=
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To Agency: Community Redevelopment Agency of
the City of Palm Springs
Attention: Executive Director
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262-6959
Community Redevelopment Agency of
the City of Palm Springs
Attention: Assistant Secretary
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262-6959
To Provider: Fair Housing Council of Riverside County, Inc.
P.O. Box 1068
Riverside, CA 92502-1068
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 5everability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
[ End — Signatures on Next Page ]
7 F31rHsngCnd_Conlrad5N5Agr t Scpt08
"AGENCY" COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
ATTEST:
By: By-
Assistant Secretary Executive Director
APPROVED AS TO FORM:
By.-
Agency Counsel
"PROVIDER" Check one. _Individual _Partnership _Corporation
(Corporations require two notarized signatures: One signature must be from the Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer).
By: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary, Asst Secretary,
President or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer
Name: Name
Title: Title.
State of State of
County of Iss County of Iss
On before me On before me,
personally appeared ,personally appeared
personally known personally known
to me (or proved to me on the basis of satisfactory evidence) to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the to be the person(s) whose name(s) is/are subscribed to the
within Instrument and acknowledged to me that he/shelthey within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies),
and that by has/her/their signature(s) an the instrument the and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal. Notary Seal.
$ FelrHsngCncl_ConirsmSrvsAgnnt Sept08
EXHIBIT "A"
SCOPE OF SERVICES
The intent of this program is to provide a full menu of fair housing services for Palm
Springs residents that promotes fair housing rights and obligations as defined and
articulated in the Federal Fair Housing Act and the California State Law Enactments
under the Rumford & Unruh Civil Rights Acts which affirmatively furthers fair housing.
This will be accomplished through the staffing of a Palm Springs' office facilitating three
components of fair housing services, as it relates to Anti-Discrimination and
Landlord/Tenant services, such as education (i.e., outreach, public awareness;
individualized counseling); training / technical assistance (i.e., pro-active workshops
preventing complaints, violations), and enforcement (i.e., compliant intake, investigation,
resolution options) for one thousand and five hundred (1,500) Palm Springs residents.
The Provider shall be responsible for the completion of the following objectives/activities
in a manner acceptable and satisfactory to the City and consistent with the standards
required as a condition of providing these Agency funds.
Objectives/Activities
Objective 1: Assist the Agencv by timely providing anV additional information
requested.
TARGET
DATE ACTIVITY #1
On-Going Make readily available any information relative to the successful
implementation of the activity.
Objective 2: Establish and maintain a programmatic and financial record
keeping process.
TARGET
DATE ACTIVITY #1
On-Going Establish and maintain an efficient program process/procedure for
proper record keeping. Document and maintain all records related
to this program in a stable and secure location.
Objective 3: Advertise, market and publicize the program to facilitate positive
promotion for all parties (i.e., Provider. Agency, etc.).
TARGET
DATE ACTIVITY#1
On-Going Draft a promotional piece and submit to Agency for approval.
Advertise in the Desert Sun. Submit final publication to the Agency.
Objective 4: Enroll and income qualifies at least an approximately one thousand
and five hundred (1,500) Palm Springs residents with new access
to this service.
�alfl^I-ngCnCl-CentrodSN^Agfml Sep=
TARGET
DATE ACTIVITY #1
On-Going Provide fair housing services to clients. Maintain records of names,
addresses, demographics and service dates for all assistance.
Objective 5: Maintain records for all activities related to this program.
TARGET
DATE ACTIVITY#1
On-Going Document and maintain all records related to this program in a
stable and secure location.
Objective 6: Manage/monitor program activities.
TARGET
DATE ACTIVITY #1
On-Going Perform monitoring activities necessary to ensure program integrity.
Objective 7: Provide fair housing services, including Fair Housing Practice and
Landlord/Tenant workshops, as outlined in proposal.
TARGET
DATE ACTIVITY #1
On-Going Conduct program activities for 1,500 clients and offer two
workshops for property owners, managers, Realtors and lenders to
improve availability/accessibility, as stipulated in the proposal.
Objective 8: Provide an evaluation within fifteen (15) calendar days of the
program completion or final reimbursement.
TARGET
DATE ACTIVITY #1
07/15/02 Provide an evaluation and final report on all programmatic and
financial activities.
General Administration
Provide the management oversight and leadership to address specific operational tasks
in meeting the established performance levels, as well as perform supportive activities
(i.e., clerical, monitoring, etc.)
10 FairHsngCnd_ContramSmAg=Sep=
t
EXHIBIT "B"
Insurance
Provider shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
Agency, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Provider's performance under
this Agreement. Provider shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days written notice to Agency of
any proposed cancellation. Certificates of insurance evidencing the foregoing and
designating the Agency, its elected officials, officers, employees, agents, and volunteers
as additional named insureds by original endorsement shall be delivered to and
approved by Agency prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Provider's obligation to indemnify Agency,
its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance Required
1. General Liability Insurance is required whenever the Agency is at risk of third-
party claims which may arise out of work or presence of a contractor, vendor and
service provider on City of Palm Springs premises.
2. Workers' Compensation and Employer's Liability Insurances is required for
any contractor, vendor or service provider that has any employees at any time
during the period of this contract. Contractors with no employees must complete
a Request for Waiver of Workers' Compensation Insurance Requirement form-
B. Minimum Limits of Insurance Coverage Required
$1 Million per Occurrence/$2 Million Aggregate
Umbrella excess liability may be used to reach the limits stated above.
C. The following general requirements apply:
1. Insurance carrier must be authorized to do business in the State of California.
2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best
Company,
3. Coverage must include personal injury, protective and employer liability.
4. Certificate must include evidence of the amount of any deductible or self insured
retention under the policy.
5. Contractor's general liability and automobile insurance coverage must be primary
and non-contributory over any insurance the Agency may maintain, that is, any
such Agency insurance shall be excess to limits stated in the certificate.
FslrHsngCncl_Conlrad5N5Agrml Stpt08
II �
D. Verification of Insurance coverage may be provided by: (1) an approved General
Auto LiabilitV Endorsement Form for the Community Redevelopment Agency of the
City of Palm Spring or (2) an acceptable Certificate of Liability Insurance Coverage
with an approved Additional Insured Endorsement with the following endorsements
stated on the certificate:
1. "The Community Redevelopment Agency of the City of Palm Springs, its officials,
employees and agents are named as an additional insured" ("as respects a
specific contract" or "for any and all work performed with the Agency" may be
included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the Agency may have" ("as respects a specific contract" or "for any
and all work performed with the Agency" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure
to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representative" is not acceptable and must be crossed
out. See Example A below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of Agency, its elected officials,
officers, employees, agents and volunteers. See Example B below.
In addition to the endorsements listed above, the Community Redevelopment of the City
of Palm Springs shall be named the certificate holder on the policy.
All certificates and endorsements are to be received and approved by the Agency
before work commences. All certificates of insurance must be authorized by a person
with authority to bind coverage, whether that is the authorized agent/broker or insurance
underwriter. Failure to obtain the required documents prior to the commencement of
work shall not waive the contractor's obligation to provide them.
E. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation
notice provision (ten (10) days for non-payment of premium) and additional
insured and/or loss-payee status, when appropriate, for the Agency.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90
days from date of approval
12 FairHsngCncl_ContractSmAg=SeptOa
F. Endorsement Language for Insurance Certificates
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
Example A: ISSUING INSURER WILL _FNDF VOR TO MAIL 30 DAYS*
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED I
HEREIN -RI-ITAII I Ia�E—T-9-MAIL ro,' "i^TICE cunt 1 IMPOSE
PIG OBLIGATION no IAQ1� iTv n� °•NY-141•N•9-1-1•P^"-�.'--T�
14SUR, ., ... 0 AGENTS OR REPRESDNATIVES
'The broker/agent can include a qualifier stating "10 days notice for
nonpayment of premium."
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY
WAIVES THE RIGHT OF SUBROGATION AGAINST THE
ABOVE ADDITIONAL INSURED (S), BUT ONLY AS Example B:
RESPECTS THE JOB OR PREMISES DESCRIBED IN THE
CERTIFICATE ATTACHED HERETO."
G. Alternative Programs/Self-Insurance. Under certain circumstances, the Agency may
accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing
Groups, off-shore carriers, captive insurance programs and self-insurance programs
as verification of insurance coverage. These programs are subject to separate
approval once the Agency has reviewed the relevant audited financial statements
and made a determination that the program provides sufficient coverage to meet the
Agency's requirements.
The Agency has recently joined SPARTA (Service Providers & Artisans Trade
Activities Program) to accommodate smaller contractors and service providers who
have difficulty in meeting the Agency's insurance requirements. The SPARTA
Program offers a general liability program that provides the $1 million limit and, upon
request, will also provide auto insurance with the $1 million limit (only in conjunction
with the purchase of general liability insurance). SPARTA is only available during the
time your company is under contract with the Agency.
Insurance is provided on a per project basis and is overseen by the Municipality
Insurance Services, Inc. Essex Insurance Company provides coverage and is an
A++ rated company. There is a 24 hour response time and coverage is immediate.
A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com .
13 FalrHsngCncl_Contrsc SmAgrmt Septo6