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HomeMy WebLinkAbout04956 - MUNIFINANCIAL TURNKEY FISCAL IMPACT ANALYSIS PUBLIC SAFETY SERVICES LYN GRUBER DOCUMENT TRACKING Page: 1 Report: One Document Detail January 30, 2009 Condition: Document Number a4956, DocumenttF pescription Approval Date Exairation Date Closed Date A4956 Cfd Formation And Administration Costs For$25,500 09/08/2004 09/01/2005 Company Name: MuniFinancial ���ti Address: Contact: Insurance Department Group: CITY MANAGER ��v'� � �✓ J Service: In File xRef: CITY MANAGER r� 1�Ij 6 4 TIt Ins. Status: A policy Expired \ y / p y has Document Tracking Items: / Due Completed Tracking Amount Code Item_QeSCCipti4n Date Date Date Added Pa- / Distr to dept. 09-08-04 MO 7547, Budget Amend R21089 kdh note to Troy — OK TO CLOSE? j 10/03/2007 kdh per Troy- Keep open 02/13/2008 kdh note to Tom W --ok to close? \ 01/30/2009 * * *\•* END OF REPORT" * * * * 6w `6r �� RECEIVED FEB 1 - 2603 MuniFinancial Turnkey Fiscal Impact Analysis AGREEMENT#4956 MO 7547, 09-08-04 CITY OF PALM SPRINGS — CONTRACT SERVICE AGREEMENT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 8'' day of September, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein"City")and MuniFinancial (herein"Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards or practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments- Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes, penalties or interest levied,assessed or imposed against City hereunder- 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and (c)fully understands the facilities,difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has,or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,to persons or property,until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services,without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000;whichever is less, or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively most be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services maybe more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the Special Requirements attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement,the provisions in Exhibit B shall govern. 2.0 COMPENSATION 2A Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the Schedule of Compensation attached hereto as Exhibit C and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Five Thousand Five Hundred Dollars ($25,500.00) (herein Contract Sum), except as provided in Section 1.8. The method of compensation may include(i)a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iil) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings as set forth in Exhibit C; Contractor shall not be entitled to any additional compensation for attending said meetings. Contract ServiCes Agreement with MuniFinonCiol 2 Fiscal Impact Analysis/District FormCtion Services September 8,2004 2.2 Method of Pavment. Provided that Contractor is not in default under the terms of this Agreement, in any month In which Contractor wishes to receive payment, no later than the tenth (10ih) day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including,but not restricted to,acts of God or of the public enemy,unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, but not exceeding one(1)yearfrom the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Lyn Gruber, Principal Consultant It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal 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 principal may not be replaced nor may their Controct Services Agreement with MuniFinanciol 3 Fiscal Impact Analysis/District Formotion Services September 8,2004 responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aqainst Subcontracting or Assiqnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,without the priorwritten approval of City. Transfers restricted hereunder shall include the transferto any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contract Services Agreement with Muni Financial 4 Fiscal Impact Anolysis/District Formation Services September 8,2004 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liabilitv Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as 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 an amount which fully complies with the statutory requirements of the State of California and which includes $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 and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. 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 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible forthe payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") resulting from injuries to persons or damages to property 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, Contract Services Agreement with MuniFinancial 5 Fiscal Impact AnolysiVDistrict Formotion Services September 8,2004 or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims OF 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 that may be asserted or claimed by any person, firm, or entity to the extent caused by the negligent activities of Contractor its agents or employees hereunder, excepting only liabilities due to the sole active negligence or willful misconduct of the CITY, its agents or employees; (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless there from; (c) In the event the City, its officers, agents or employees are 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. 5.3 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Re orts. Contractor 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. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or,if Contractor is providing design services,the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and,if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Cvnfroct Services Agreement with MuniFinoncial G Fiscal Impact Analysis/District Formation Services September 8,2004 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required 6.3 Ownershio of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents, solely in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement.Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor,and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10)days of service of such notice and completes the cure of such default within forty-five(45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate dangerto the health,safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (H)all amounts for which City may be liable Contract Services Agreement with MunAnonciol 7 Fiscal Impact Analysis/Dstnct Formation Services September 8,2004 to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party,the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however,affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default,to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time,with or without cause, upon ten (10)days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,the Contractor reserves the right to terminate this Agreement at anytime,with or without cause, upon thirty(30)days written notice to City,except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination,the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously Controot Services Agreement with MuniFinancial 8 Fiscal Impact Analysis/District Formation Services September 8,2004 stated. 7.9 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. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor,or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor,or for breach of any obligation or the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,direct or Indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Contract Services Agreement with MuniFinoncial 9 Fiscal Impact Analysis/District Formation Services September 8,2004 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels 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 maybe amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of [he phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate 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. [SIGNATURE BLOCK ON NEXT PAGE] Contract Services Agreement with MuniFinonciol [p Fiscal Impact Analysis/District Formation Services September 8,2004 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST: a municipal corporation 13y: i`� t3Y�� "� � �_ rrII^^ City Clerk City Manager APPROVED AS TO FORM: By; — Ga� ilr i• 1 Yi �ti y' j�C G �L'S�� 'tiyn J :�,G City Attorney —° .,.:�� ..qq CONTRACTOR: Check one._Individual—Partnership_Corporation B N -By • Signature(notarize Signature(notarized) Name Frc,AK � � I`t���t Name �O L- y _ K/e{ Title PrvsidcnI /CFO Title set- u—'7WAr (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following Chairman of the Board, President or one of the following Secretary, Chief Financial officer or any Vice President) any Assistant Treasurer) �r State of l,[ I'QrNILL I' State of�"Mt�) N'.'—r_I-I Countyof RiVPPSlQe -sS Countyof 06�o Iss o�r C),14D0 'r la bofor- me, On opt( 0 bef me, G1�1d/�1Q4Qp I�ItEVlC� personally appeared } 67 [a t tl personally appeared '�`dv1K Ei, r/Ly�j personally known to me (or proved to me on the basis of personally known to me (gr wed to ma on ho b2ci�g satisfactory evidence)to be the perzonN whose namo(V is/aN datmfoetor)a d�,iz)to be the person(s}.whoso name(*4slave subscribed to the within Instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/5hpltl eN executed the same in his/h'tdlhalr authorized helcboAey executed the same in his/heskhelr authorized capacity(Ies) and that by hislhbflthev signature(s), on the capacity(Jeet- and that by his/tier th r signaturc(a}-on the instniment the porson(3), or the entity upon behalf of which the instrument the person(4ror the entity upon behalf of which the persons)acted,executed the instrument, person(c)_acted oxocuted the instrument WITNESS my hand and official seal WITNESS my hand and �o�ffiQiiall Seal ' ^ Notary Signatures Notary Signature Notary Seal, Notary Seal: — F ARLENE ROMANELLI r` STEELE CATHALEEN D. r Commission 4 1389859 ' `'""+ Commission M 1483234 Notary Public - California r - Notary public•Cahfornlo Los Angeles County ' °�+. My Comm ExplresJan70.2007 Orange County a ! ! _ MY COMM Explre'Apr T 3,2008f Contract Services Agreement with MuniFinancial 11 Fiscal Impacl AnolySis/District Formation Services September 8,2aa4 EXHIBIT "A" SCOPE OF SERVICES MuniFinancial is prepared to work with City staff as required to conduct a turnkey fiscal impact analysis that will enable the City to justify the level of special tax and successfully implement a community facilities district. MuniFinancial will complete the following documents and actions. These tasks will accomplish constructing a fiscal analysis spreadsheet model that will estimate the impacts of new development on public safety services (police and fire). Task 1: Gather Data and Refine Approach The purpose of this task is to ensure the project will (1) achieve the City's objectives, (2) be consistent with current City fiscal and land use planning assumptions, and (3)take full advantage of available local data. In this task we will request certain data from the City and then work with staff to investigate and resolve the following issues related to our approach: • Determine the land use types to be used by the model (typically two residential and three nonresidential land use types); • Gather current citywide population and employment estimates (for calculating per capita revenue and cost factors); • Identify density factors by land use type,for example, residents per unit or workers per square feet, to convert new development estimates into fiscal impacts; • Identify fiscal data for the year to be used as a basis for estimating the revenue and cost impacts of growth (FY 2004-05 budget); and • Apply case study approach to property tax and sales tax revenue (all other revenue and cost factors will be estimated using a citywide per capita methodology). This task includes one meeting with City staff to kick off the analysis, review data needs, and discuss approach.The only products of this task would be information requests to City staff, as needed. Contract Services Agreement with MuniFinancial 12 Fiscal Impact Analysis/DiOrict Formation Services September 8.2004 Task 2: Develop Revenue and Cost Model Inputs The purpose of this task is to develop revenue and cost inputs for the fiscal impact model. Each revenue and cost input will be developed using either a per capita or case study approach. We will calculate per capita factors by dividing total annual revenues or costs by the appropriate service population. Service population will include the current residential and employment population. Employment will be weighted appropriately to reflect impacts relative to residents for each revenue or cost line item. The model will multiply these per capita factors by the projected service population associated with a land use scenario to calculate per capita fiscal impacts. Case study revenue factors will be developed as follows: • For property tax we will estimate market values using our recent real estate market research conducted for the City as part of other economic studies. We will rely on City staff or the County Auditor-Controller to provide an appropriate tax increment factor that reflects the City's current average share of the one percent property tax in developing areas. • For sales tax we anticipate working with City staff to develop appropriate assumptions based on available proprietary sales tax data and City estimates of building square feet for existing sales tax generators. We will construct a model of the capture and leakage of sales tax citywide. We do not anticipate any meetings or products associated with this task. Task 3: Build, Test, and Refine Model By the end of this task we will have developed a robust model applicable across a full range of land use scenarios. We will build the model using the land use assumptions developed in Task 1, and the revenue and cost inputs developed in Task 2. We will test the model an a prototype or actual land use scenario developed based on discussions with City staff.We will present preliminary model results to City staff for discussion of key issues and advice on model refinements. We anticipate one iteration for model refinements during this task. This task includes one meeting with staff to discuss preliminary model results. We will provide printouts of model assumptions and results for the meeting. Task 4: Prepare Fiscal Impact Report We will prepare a Fiscal Impact Report summarizing the results of the fiscal impact analysis and key assumptions. We anticipate that the report will focus on the likely negative fiscal impact of residential development. The results of the model will provide an estimate of the per-unit CFD special tax needed in residential projects to offset negative fiscal impacts. This task includes one meeting with City staff to review the report findings. We will provide 5 Conlroct Services Agreement with MuniFinancial 13 Fiscal Impact Analysis/District Formotion Services September 8.2004 copies of the report to the City. Phase 11 -- Services for CFD Formation Once the Fiscal Impact Analysis is complete, MuniFinancial would be pleased to provide special tax and district formation consulting services for the establishment of the CFD. Specific tasks include the following. Task 1: Notice to Proceed to Resolution of Intention 1. Prepare Rate and Method of Apportionment of Special Tax MuniFinancial shall prepare a rate and method of apportionment of special tax for the resolution of intention. We will discuss alternatives including the identification of improvement areas or tax rate zones. MuniFinancial endeavors to provide for a simple and practical means of prepaying special taxes. A description of various alternatives for structuring the special tax will be provided to the City and the consultant team and incorporated into the rate and method of apportionment based on comments received. 2. Research Once a project has been identified, MuniFinancial will update research information related to the development, including number and type of unit. MuniFinancial shall determine whether there are any registered voters in the proposed boundaries of the district that would require a vote of the registered voters and verify the record owners of property that would constitute the eligible voters under the Community Facilities Act (if there are fewer than 12 registered voters). 3. Prepare Boundary Map MuniFinancial shall prepare a boundary map of the proposed district that meets the requirements of the Community Facilities Act. Task II: Resolution of Intention to Public Hearing 1. Record the boundary map with the appropriate local official and the county recorder. 2. Prepare the CFD Public Report MuniFinancial shall prepare a preliminary CFD report that includes a description of the public improvements to be maintained, cost estimates, incidental expenses, the rate and method of apportionment, and any other information necessary to meet the requirements of the Community Facilities Act. Contract Services Agreement with MuniFinancial 14 Fiscal Impact Analysis/District Formation Services September 8,2004 3. At the City's request, assist with the preparation and mail ballots to the voters in the district. 4. Assist with counting the ballots after the vote and a determination of the outcome of the election. Task III: Additional Responsibilities of Consultant 1. Attend Meetings Representatives of MuniFinancial shall attend up to two (2) meetings with the City and the consultant team as directed by the City engineer or project coordinator. Additionally, we will attend the Council meetings for the adoption of the resolution of intention and the public hearing. 2. Coordinate with City and Consultant Team MuniFinancial shall coordinate with the City and other members of the City=s consultant team during the formation of the district. Client Responsibilities MuniFinancial will rely on being able to obtain the following information from the City or the developer • Proposed project development information. • Estimated costs of maintaining the facilities to be included in the CFD. • Property owner information on an as-needed basis. Contract Services Agreement with MuniFinanciol 15 Fiscal Impact Analysis/District Formation Services September 8,2004 CONTRACTORS QUALIFICATIONS MuniFinancial is one of the largest public-sector financial consulting firms in the United States with corporate headquarters in California and regional offices throughout the country. Since 1987 we have helped over 600 public agencies and nonprofit organizations successfully address a broad range of financial challenges. MuniFinancial assists local agencies with arbitrage rebate, investment consulting, municipal disclosure, and special district administration. The firm currently has a staff of 70 dedicated professionals with the range of expertise necessary to provide high-quality service to all our clients. Key Staff Assigned Contractor proposes to assign the following key staff in the performance of this project: tj . � . . Lyn Gruber will be the project manager for the study. Ms. Gruber is a principal consultant in our Temecula office and our lead expert in CFD formation. Ms. Gruber's responsibilities include all aspects of district formation, including the preparation of calculations associated with developing special tax formulas, development of rates and methods of apportionment and bond fund analysis. She is also responsible for Special Tax Bond Refundings and Annexations and agency compliance with Proposition 218. Ms Gruber has been employed with MuniFinancial since 1994, Ms. Gruber has successfully managed the formation of dozens of CFDs and other districts throughout California, all in compliance with state law. As project manager, Ms. Gruber will organize and direct all work tasks and review interim work products. She will ensure the project is completed on time and within budget. She will also be the primary client contact, attend key meetings, and make presentations. Ms. Gruber is a Principal Consultant focusing on formations and special projects with MuniFinancial with over eight years of experience. In this capacity she is responsible for directing project management and formation of Mello-Roos Community Facilities Districts and virtually all types of maintenance assessment districts, including landscape and lighting, community services, benefit assessment, police and fire services, weed abatement, and business improvement districts. Her client base is represented by more than 50 public agencies throughout California. Prior to joining MuniFinancial, Ms. Gruber worked for a savings and loan in Southern California and was responsible for all aspects of banking operations. She also taught elementary school. Education Bachelor of Arts, California State University, San Bernardino Contract Services Agreement with Muffincncial 16 Fiscal Impact Analysis/District Formalion Services September 8,2004 Professional Affiliations California Association of School Business Officials (CASBO) California Coalition of Adequate School Housing (CASH) California Society of Municipal Finance Officers (CSMFO) Serving as technical advisor will be Robert Spencer, a principal consultant in MuniFinancial's Oakland office. Mr. Spencer has 15 years of fiscal analyses and fee study experience, consulting for local agencies throughout California. Much of his work is related to infrastructure financing and public services funding to serve a community's growth. He recently completed fiscal impact analyses for clients such as the cities of Stockton, Elk Grove and Vacaville. Mr. Spencer has been employed with MuniFinancial since 1999, Recognized as an expert in his field, Mr. Spencer is extremely knowledgeable of state law requirements. Prior to joining MuniFinancial, Mr. Spencer was a principal with Hausrath Economic Group, and was a senior analyst in the Local Government Management Consulting practice of Ernst & Young. He began his career in the City of San Jose city manager's management intern program. In addition to his public finance consulting background, Mr. Spencer served one term on the Oakland Board of Education from 1995 to 1999, including one year as President of the Board. He has remained active as a local and national education reform leader. Education Master of Public Policy, Kennedy School of Government, Harvard University Bachelor of Arts in Economics, Colorado College =n Peter Detlefs will be assigned to this project working under the project manager's direction. He will be responsible for data gathering, model building and report drafting with ongoing review of work products provided by the project manager. He will also be responsible for coordinating with the client to ensure that data-gathering tasks proceed smoothly and to minimize the burden on client staff. Mr. Detlefs has been employed with MuniFinancial since 2000, Mr. Detlefs joined MuniFinancial after working as a location analyst at Thompson Associates in Dublin, California. He also worked as an assistant to a historical consultant in San Jose, California, specializing in historical and architectural assessments of buildings and properties as part of CEOA.and NEPA environmental review processes. Mr. Detlefs spent eight years in the banking industry in several positions of increasing responsibility to earn the rank of Contract Services Agreement with MuniFinanciol 17 Fiscal Impact Analysis/District Formation Services September 8,2004 financial services representative, providing full-service banking for preferred clients at Pacific Western Bank. Education Bachelor of Arts, Geography, San Jose State University Contract Services Agreement with MunAnoncicl 18 Fiscal Impact Analysis/disirict Formation Services 5eptember 8, 2004 EXHIBIT "B" SPECIAL REQUIREMENTS 1. Section 5.1(a) is hereby modified to read as follows: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least$1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. If such insurance includes an aggregate limit, such limit shall be at least two times the per occurrence limit. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010 (1185)or equivalent language. 2. Section 5.2(a) is hereby modified to read as follows- (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 that may be asserted or claimed by any person, firm, or entity to the extent caused by the negligent activities of Contractor its agents or employees hereunder, excepting only liabilities due to the active negligence or willful misconduct of the CITY, its agents or employees; 3. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect Contract Services Agreement with Muni Financial 19 Fiscal Impact Analysis/District Formation Services September 8,2004 EXHIBIT "C" SCHEDULE OF COMPENSATION Contractor agrees to perform all phases of project described herein for a fixed not-to- exceed price of$25,500. This price includes all direct expenses required to complete the project. This project consists of two phases. The fixed not-to-exceed price of each phase is described below. Contractor agrees to work with City until its services culminate in a completed project as described in Exhibit "A". Contractor shall submit invoices to the City as work is completed. City shall pay Contractor pursuant to Section 2.2 of this Agreement. In no event shall Contractor's invoice amount exceed the maximum percentage allocation bytask as setforth below: Phase I Phase II Fiscal Impact Analysis CFD Formation Services $14,000 $11,500 Task 1 25% Task 1 30% Task 2 25% Task 2 50% Task 3 25% Task 3 20% Task 4 25% Firm re - W&T-111 fil • u - • r It is understood that if City requires services outside of the agreed upon scope of services, Contractor will invoice City at an hourly rate as set forth in Contractor's Schedule of Rates. Invoicing will occur on a monthly basis, as work is completed. 2004 Schedule of Rates Contract Services Agreement with Muni Flnonriol 20 Fiscol Import Analysis/District Formation Services September 8.2004 Title Hourly Rate Division Manager $180 Principal Consultant $145 Senior Project Manager $130 Project Manager $105 Senior Analyst/Analyst II (Jennifer York) $85 Analyst $75 Analyst Assistant $65 Property Owner Services Rep $50 Support Staff $45 EXHIBIT "D" SCHEDULE OF PERFORMANCE Time is of the essence of this agreement. CONTRACTOR shall perform all services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, CONTRACTOR shall perform its Services so as to allow for the full and adequate completion of the Project within One Hundred and Twenty (120) days of receipt of a notice to proceed. If at any time it appears that the project cannot be completed by the date specified, CONTRACTOR shall notify CITY of that fact and provide an estimate of the time when the project will be completed. If CONTRACTOR has been the sole source of delay, and if completion of the project would be expedited by use of other or additional consulting services, CITY may use the retained amounts for the purpose and shall be relieved of paying such retention to CONTRACTOR. If the CONTRACTOR's work is not satisfactory, CITY has the right to take appropriate action, including but not limited to: (1) meeting with the CONTRACTOR to review the quality of the work and resolve matters of concern; (2) requiring the CONTRACTOR to perform the work at no additional fee until it is satisfactory; (3) suspending the delivery of further work to the CONTRACTOR for an indefinite time; (4) withholding payment; or (5) terminating the Agreement as set forth in Section 7.8. Contract Services Agreement with MuniFinancicl 21 Fiscal Impact Analysis/District Formation Services September 8,2004 Task Responsible Party Beginning f Date End Date Phase I Authorization to Proceed City 9/10/04 Task 1: Collect and Review Data and MuniFinancial/City 9/10/04 10/1/04 Documents Task 2: Develop Revenue and Cost MuniFinancial 10/04/04 10/18/04 Modcl Inputs Task 3:Build,Test and Refine Modcl MuniFinancial 10/18/04 11/1/04 Task4;Workshops MuniFinancial/City 11/1/04 11/8/04 Task 5;Prepare Fiscal Impact[Report MunlFinancial 11/8/04 11/22/04 Phase II Task I: Notice to Proceed MuniFinancial 12/6/04 12/17/04 Task II:Resolutions of Intention/Public MuniFinancial 12/17/04 1/25/05 hearings Task III:Additional Responsibiliiies MuniFinancial 12/17/04 1/25/11 Contract Services Agreement with MuniFinanciol 22 Fiscal Impact Analysis/District Formation Services September 8,2004 Client#:6540 WILLDAN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.0.Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 r INSURERS AFFORDING COVERAGE INSURED INSURER A. HHartford Fire Ins.Co. MuniFinancial INSURERS American Automobile Ins.Co. 27368 Via Industria,Suite 110 INSURERC. Security Ins.Co.of Hartford' Temecula, CA 92590INSURER D 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 POLIC155 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER PDATE(MMIDo� IP DATE(MMID�TYYIN I LIMITS A GENERAL LIABILITY 57CESOA1661 11/09/03 11/09/04 EACH OCCURRENCE 11,000,000 X COMMERCIALGENERA40ABI4TY FIRE DAMAGE(Any one tire) IS1 OQOs000 1 CLAIMS MADE FX7OCCUR INDP.CONTRACTORS MED B&P(Any onn po,on) $10,000 X CONTRACTUAL INCLUDED- PERSONAL&ADV INJURY $1,000,000 -Y X BFPD,XCU GENERALAGGREGATE 42,000,000 GEML AGGREGATE LIM ITAPPLIES PER PRODUCTS -COMPIOPAGG $2,000,000 IPOLICY n PF O FI LOC A AUTOMOBILE LIABILITY 57UENUL9643 11/09/03 11109/04 COMBINED SINGLE LIMIT X ANY AUTO (Ee ecedent( $110001000 ALL OWNED AUTO$ BODILY INJURY $ _ $CHEGULED Au705 (Par per on) X HIRED AUTO$ BODILY INJURY S X NON-OWNEDAUTOS PoreccWent) -- - PROPERTY DAMAGE S (Pnr,;Gdont) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S nNY gUTO EA ACC $ A OTHER THAN AUTO ONLY. AGO I$ C%CBSS LIABILITY EACH OCCURRENC[ $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE n $ RETENTION $ B WORKERS COMPENSATION AND WZP80917259 11/09/03 111/09/04 X WC STATIU OTH• EMPLOYERS LIABILITY TJ]RY_LIMTG.. I.ER_ E.L EACH ACCIDENT S1,000,000 E4,OI$EPSE-EAEMPLOYEE 51,000,000 E L.OI$EA$F. -POLICY LIMIT $1.000,000 C iOTHER Professional XAE0235189 12/01/03 12/01104 Liabilit $2,000,000 Per Claim I Y $2,000,000 Ann]Aggr. DESCRIPTION OF OPERATIONSILOCATION5NEHICLESIE CLUSIONS ADDED BY ENOORSRMENT/SPECIAL PROVISIONS General Liability policy claims excludes claims arising out of the performance of professional services. 'Security Insurance Company of Hartford is 100%reinsured by XL Specialty Insurance Company which is rated A+XV by A.M. Best and Company. (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL iN5URED,INSURER LETTER CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANYCFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHBEMRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILLXXRN§ )W MAIL 30—DAY3WRITTEN Aft: Patricia A.Sanders,City Clerk NOTICETOTHE CERTIFICATE HCLDERNAMED TOTHE LEFT,0)U06V0.tlbDtVAJ6AAboDtXX PO Box 2743 W)Bp6ippt7pebpFk7H(OIIfR04NX7PRM11Xp11pXIFpAp•)1X711W{> HAHNi�10�[yx Palm Springs,CA 92263 atxaeJtx AUTHORIZED RREEPRREESEENTATIVE ✓/la Pv1/V VK ACORD 25.5(7197)1 of 2 #M81201 LL O ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Re: Fiscal Impact Analysis&Community Facilities District Formation services City of Palm Springs,its officers,employees and agents are additional insured as respects to General Liability. Primary and Non-Contributing coverage applies to GL. Waiver of Subrogation applies to GL.Waiver of Subrogation for Work Camp is included. (G L-AUPRlSD G US t1D/X) AMS 25.3(07197)2 of 2 #M81201 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Att: Patricia A. Sanders, City Clerk PO Box 2743 Palm Springs, CA 92263 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work'for that insured by or for you. Additional Insured Continued: its officers, employees and agents PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 20 10 11 85 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement forms a part of Policy No WZP80917259 Issuedto: MuniFinancial By: .American Autemohile Ins . Co. Premium (if any)TBD We have a 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 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs Waiver Applies to: its officers, Att : Patricia A. Sanders, City Cleric employees and agents PO Box 2743 Palm Springs, CA 92263 WC 04 03 06 Countersigned by ___ .............._ (Ed. 4-84) Authorized Representative