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HomeMy WebLinkAbout04962 - CITYGATE ASSOCIATES STANDARDS OF RESPONSE COVER DEPLOYMENT ANALYSIS FIRE DEPARTMENT uitygate Associates LLU Amend 1 Fire Dept Deployment Analysis AGREEMENT#4962 FIRST AMENDMENT TO AGREEMENT 49 MO 7648, 3-16-05 TO CONDUCT A STANDARDS OF RESPONSE COVER DEPLOYMENT ANALYSIS FOR THE CITY OF PALM SPRINGS FIRE DEPARTMENT This First Amendment to the Standards of Response Cover Deployment Analysis Agreement with Citygate Associates, LLC ("First Amendment" or "Amended Agreement") is made and entered into this 16th day of March, 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and Citygate Associates, LLC, Contractor ("Contractor" includes professionals performing in a consulting capacity) and amends that certain "Standards of Response Cover Deployment Analysis Agreement' with Citygate Associates, LLC (the "Agreement') dated September 9, 2004 between the same parties. RECITALS A. On September 9, 2004, City and Contractor entered into a Contract Services Agreement pursuant to which Contractor agreed to conduct a standards of response cover deployment analysis for the Palm Springs Fire Department, B. The original total project amount was $41,423.00 C. City is responsible for collecting and sending relevant GIS data from City sources to Contractor. Much of the data that the City has sent to the Contractor has not been sufficient or is not in a usable format for the completion of this project. In addition, specific housing projects within the City of Palm Springs have subsequently submitted tract maps and more detailed GIS analysis is required for these projects. Contractor has requested an additional 20 hours at the rate of $150 per hour, for a total of $3000, to manually recreate the insufficient data and conduct the additional GIS analysis. D. City and Contractor desire to amend the Agreement to increase the total project amount by $3000 to a new total project amount of $44,423.00 as set forth in this First Amendment to facilitate the completion of the response cover deployment analysis for the Fire Department. ORGMAL MD ANQ/0P 44C3ECMENT r CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require t pQ notarized signatures: One from eac"f the following: A. Chairman of Board, President, or any Vice President:AN0 B.�ktary,Assistant Secretary,Treasurer, s rstant Treasurer,or Chief Financial Officer). By: By:A / �� � S `�X4-., Signature(notarized) Si nature(notarize � �P t1 Named O v \<1 1�P,1�t c S Name: �1�b 1 S ��0.\ej_\Q kj Title: \Yt e c ct I? Title: tY R v CAc, p�\� 11 ca.t\ Address: ��5 �o�� 1� k'rs . l©p Address: ® `� CBO�c L/�� c ivS, \�}Z k 'V 16�0 �©\:E�� State of 041-1 Fe-NA State of c,tl LI Fo,,-ivi h County of iri-A. ies✓)v ass County of SACf4Vn,&J` -SS O' (P '; efore me, P N C 4 1V Z r t,L On J�"tC­C4 before me, P1 4' personal I appeared personally appeared D A V l I) C. ( �D , personally known �L_Ia 1 C .S�1��"'��f--�"i-( personally known to me (or proved to me on the basis of satisfactory evidence) to me (or proved to me on the basis/dt atisfactory evidence) to be the person(srwhose name( rs are subscrib d to the to be the personKwhose name,(6r) ' re subscribed to the within instrument and acknowledged to me that�he/they within instrument and acknovnlodged to me that h h /they executed the me m9(i der/their authorized capacity(iesY executed the same in hi;6 heir authorized capacrty(ia< and that byDi signature(s)-on the instrument the and that by his/ gr their signature (s'jon the instrument the person(s)rdr the entity upon behalf of which the persoq(sr personKor the entity upon behalf of which the person(y acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: "— Notary Signature: / —Z Notary Seal: Notary Seal: ll �`" COMM.#144f 484 ,- 1y,.,,,.,, �� �o NOTARY PUBLIC-CALIFORNIA [� 7�� `� "�_`� COMM.#1441484 � Z r y n SACRAMENTO COUNTY A 7 w ma� NOTARY PUBLIC—CALIFORNIA� �itiri�i++� My Comm.Expires SEP 23,2�� �/ '' ^�, �*° SACRAMENTO COUNTY y "oo't1 Ov�ti�v�v�vv-a � °nt ivonN� Iuly Comm.Expires SEP 23,2007 � r� AGREEMENT The Agreement is hereby amended as follows: 1. Section 2.1 "Compensation" is amended as follows: The maximum contract amount is changed from$41,423 to $44,423. 2. Exhibit "C" Schedule of Compensation: Change the not-to-exceed amount for GIS Data & NFIRS-5 Alive Study Data from$1595 to $4595 and the total project not-to- exceed amount from $41,423 to $44,423. 3. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation 9ylerke City Manager APPROVED TO FORM: By: City Attor ey Citygate Associates, LLC Standards of Response Cover Plan AGREEMENT#4962 MO 7549, 9-15-04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT TO CONDUCT A STANDARDS OF RESPONSE COVER DEPLOYMENT ANALYSIS FOR THE CITY OF PALM SPRINGS FIRE DEPARTMENT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this Ci"�r day of �� ��1�_r�,�i��r 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and CITYGATE ASSOCIATES, LLC, (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 of 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 R:\USERS\WPPUBLIC\05 AGREEMENTS\FIRE STATION ANALYSIS-CITY GATE 8-25-04.DOC 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 Officerto 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 must 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 may be 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 of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 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 forty one thousand, four hundred twenty three Dollars, ($41,423) (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, (iii) payment fortime and materials based upon the Contractor's rates as R:\USERS\WPPUBLIC\05 AGREEMENTS\TIRE STATION ANALYSIS-CITY GATE 8-25-04.DOC 2 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 reasonably deemed necessary by the City;Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1st)working 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. Except as provided in Section 7.3, 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. 3A 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)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 3 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: David C. DeRoos, CMC, President of Citygate Associates and Project Director Chief Stewart W. Gary, Project Manger Michael J. Price, GIS Specialist Michael D. Fay, Statistical Specialist It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals 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 principals may not be replaced nor may their 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 Against Subcontracting or Assignment. 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 prior written approval of City. Transfers restricted hereunder shall include the transfer to 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 4 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 ajoint venturer or a member of any joint enterprise with Contractor. 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 Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (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 injury 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. (Reference Section 5.4 regarding sufficiency.) 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 5 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 for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 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 to persons or property, losses,costs, penalties,obligations,errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents,employees,subcontractors,or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and 6 current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5A 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 Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates 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 Reports. 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 forthe project being designed. 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 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents 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, and 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 7 assignment to City of 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, and 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 danger to 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 (ii) all amounts for which City may be liable 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 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 8 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 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay to the City the sum of NONE ($ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 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 thirty(30)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 any time upon, with or without cause, upon sixty (60) 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 such as maybe 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 such 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. 7.9 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 stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. 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 9 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 of 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, and in the case of the Contractor, 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. 9.3 Integrations Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements,agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 10 9.4 SeverabilitV. 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 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 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE 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 City Clerk City Manager / APPROVED AS TO FORM 'UVLP�ZUEDD dV MnaL (c;� City Attorney 11 CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following A. Chairman of Board,President,or any Vice President AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Offic Signature(notarized) G Signature(notarized) \ Name' ��0.0 1 `- ��bbC Name' Title. �Cac Address: �(d C-or o \ LOAQZ-E� 01) Address �15� ?r�� ��0-o,v C� 151� a State of CCf,aL State of C(al t County of �LSN"1'-�� )SS CountyCounty of 1��T4�Y�-•-I" )s{ns� `1 Onli�ry111j before me, R• 0 'I�elrnri'1°'-�2t, Ong9L�ollbeforepme, V�-�• �C2>nwre1P^ personally appeared Din)to C ' DC 11-:.° ' personally appeared fn 4 c:) 5 'Tycr ":,', l personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s)is/are satisfactory evidence)to be the person(s)whose garnets)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the persons),or the entity upon behalf of which the person(s)acted,executed the instrument persons)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: 29. 15� �1vl.t-•.� Notary Signature: �' Q'I a Notary Seal. Notary Seal " * COMAI. 1308687 < "� wr ` w" NOTA SA PUBLIC-CALIFORNIA nay � ' NOTARY PUI;LIC-C.14LIFORNN� 3AORAR9ENT0 COUNTY a ACRAAfiENTO COUNTY � o oa any�.tfi11>l.�> �uN o�,2aoa� ,�:,.., 12 EXHIBIT 'A' SCOPE OF SERVICES Contractor shall deliver to the Palm Springs Fire Department a fire services deployment plan and performance goals known as a "Standards of Response Cover Plan." This plan and associated goals will assist the City with its planning for the needs of the area it serves. The City desires an independent review of the current fire station sites and number of fire companies with their staffing levels, as well as potential scenarios as identified in Exhibit"Al" and any other station location change opportunities that may exist given study findings or community changes. The study performed by the Contractor will use geo-mapping tools and prior response statistics to validate travel time spacing of all possible fire station sites. The scope of the project includes the aforementioned review of the current arrangement for fire protection services within the City, and also includes the following elements: • This study will provide the City with draft response performance goals from which it can determine the quantity, staffing and location of fire stations. • While this is not a study of fire departments adjacent to the City, the study will consider the impact of the City's mutual aid agreements on the City's needs. • The performance goals will be consistent with national guidelines from the National Fire Protection Association (NFPA),the Commission on Fire Accreditation International (CFAI) and the Insurance Services Office (ISO). • Contractor will use a fire department analysis geo-mapping software program called FireViewto analyze current and future fire station locations(including all potential scenarios as identified in Exhibit "At") by driving time. • Contractor will use an incident response time analysis program called "NFIRS 5 Alive" to review the statistics of prior actual historical performance. The core methodology used by Contractor in the scope of its work will be that of the"Standards of Response Coverage" systems approach to fire department deployment as published by the Commission on Fire Accreditation International. This is a systems-based approach using local risk and demographics to determine the level of protection best fitting the City's needs. Work Plan: Task 1: Initiate and Manage the Project Contractor will begin Task 1 by conducting a site meeting to explain the essential Standards of Response Coverage elements to the leadership team and to collect information about the Department and community. During this visit,they will ask for local incident workload data,tour the City to obtain on-site observations and brief the Department study team on risk assessment and staffing measurement techniques. Contractor will require the Department's assistance in the development of specific risk assessment and staff measurement factors. 13 The initial task also combines the activities of starting the project and the ongoing task of monitoring, controlling, and administering the project. Project reporting will include frequent telephone updates and monthly written status reports. Task 2: Collect Workload Data and City GIS Information The objectives in Task 2 off-site are to: • Contractor shall insert GIS data layers, risk type information, travel time performance measure(s) and calls-for-service data into the FireView Fire Department geomapping program. • Contractor shall obtain an incident data export for statistician to model workload performance using the NFIRS 5 Alive program. • Contractor shall evaluate incident data by existing station locations. Task 3 : Analysis The objectives in Task 3 off-site are to: • Contractor shall receive from the Fire Department risk and staffing critical tasking measures. • Contractor shall perform initial travel time studies on fire crew locations. • Contractor shall complete the GIS mapping and statistical assessment of the current, and any changed, deployment plan(s). • Contractor shall undertake a comprehensive evaluation of all the issues affecting fire crew deployment in the City. Task 4: Prepare and Deliver Draft Report The objectives in Task 4 off-site are to: • Contractor shall prepare a Draft Report and supporting exhibits. Included in this report and exhibits shall be a recommended fire response time map for the Primary Response Area (PRA)for each of the existing five stations as well as any proposed future stations(including the potential station scenarios as defined in Exhibit "Al"), based on the recognized standards utilized for the study. • Contractor shall send the Draft Report and exhibits via electronic copy for comment to the Contract Officer (Fire Chief). • Contractor shall conduct a conference call to answer questions and receive verbal feedback from the Contract Officer(Fire Chief) and the Department project team. • Contractor shall receive written feedback from the Contract Officer (Fire Chief) or his designee using electronic editing in MS-Word. 14 Task 5 : Present the Final Report After the Draft Report presentation by Contractor, Contractor will include the appropriate feedback received from the Contract Officer (Fire Chief) and the Department project team and prepare a written Final Report and supporting exhibits. Contractor will then schedule a mutually agreeable time to present in-person the written Final Report and its exhibits and to summarize the report's findings and Contractor's written recommendations in a leadership meeting of the Contract Officer's (Fire Chiefs) choosing with the Department project team. STUDY COMPONENTS The study will use the following components in the Commission on Fire Accreditation International Standards of Response Coverage process: 1. Existing deployment—each agency has something in place today ➢ The Contractor's team will understand existing deployment strategies, performance measures and propose ones for use in this study to the Department project team. 2. Community outcome expectations—what is expected of the response agency? ➢ Contractor will help the City staff and City Council to understand existing community expectations for fire, EMS, and special hazard responses. 3. Community risk assessment—what assets are at risk in the community? ➢ Contractor will work with the Department staff to deploy the U.S. Fire Administration risk assessment program called RHAVE and use it to determine risk in the community at a zone level. ➢ Contractor will assist the Department in performing critical task analysis to determine appropriate staffing to meet risk control expectations. ➢ Using the above, Contractor will work with the Department leadership to establish performance measures by risk type. 4. Distribution Study—the locating of first-due resources (typically engines) ➢ Contractor will use the Fire View software GIS mapping tool to study the effectiveness of existing station locations to meet the developed performance goals for first-due, all-risk units. This mapping tool will be utilized for the creation of a recommended fire response time map for the Primary Response Area(PRA)for each of the five existing stations, as well as any proposed future stations (including the potential station scenarios as defined in Exhibit"Al"). 5. Concentration Study—first alarm assignment or effective response force studies. 15 6. Historical reliability—is there a multiple call frequency issue(call stacking)problem? ➢ Contractor will analyze incident data to determine if multiple calls are affecting performance. 7. Historical response effectiveness studies —what percent of compliance does the existing system deliver? 8. Overall evaluation with proposed Standard of Cover statements by risk type. ➢ Contractor will advise the Department project staff on a revised Standard of Cover set of policies by risk type for the Department Changes in deployment, or re-located station(s)will be identified by Contractor along with a time-line of operational implementation dates for any recommended additional fire crews or fire stations. The City will assist Contractor with: ➢ Collecting and sending relevant GIS data (if any) from City sources to Contractor. Providing electronic incident response data in a format requested by Contractor. ➢ As provided free of charge by Contractor under Contractor's direction, the Department shall use the Risk Hazard and Value Assessment Software tool (RHAVE), published by the U.S. Fire Administration to prepare a risk assessment determination by response areas. ➢ Conducting critical task time measurement experiments to analyze crew effectiveness and crew staffing level issues. ➢ Providing other City data as requested by Contractor. 16 EXHIBIT "Al" FIRE STATION SCENARIOS TO BE INCLUDED IN ANALYSIS 5-Station Scenarios: Scenario 1: 5 stations, at existing station locations Scenario 2: 5 stations, with Station #445 relocated northward to cover the area east of the Palm Springs International Airport 6-Station Scenario: Scenarios 3: 6 stations,with a new"North"station and Station#443 relocated eastward to coverthe area east of the Palm Springs International Airport 7-Station Scenarios: Scenario 4: 7 stations,with new"North" and "South"stations and Station#443 relocated eastward to cover the area east of the Palm Springs International Airport. Scenario 5: 7 stations, with new"North" and "South" stations and Station#445 relocated northward to cover the area east of the Palm Springs International Airport 8-Station Scenarios: Scenario 6: 8 stations, with new"North", "South"and "East' in area east of the Palm Springs Airport (north of Ramon Rd and east of Gene Autry Tr.). Each of these scenarios should have fire station primary response district boundary maps, and staffing recommendations. The above scenarios shall be incorporated in the tasks previously stated in the scope of work: that is the data pertinent to the scenarios shall be collected in Task 2, the scenarios shall be incorporated in the analysis in Task 3, and the scenarios will be discussed in the draft and final reports in Tasks 4 and 5. All of this work shall be performed within the budget and schedules set forth in Exhibits C and D. 17 EXHIBIT 'C' SCHEDULE OF COMPENSATION For the services described in the project scope a "not to exceed"total cost as follows: Hourly Fees of Reimbursable Administration (3% GIS Data & NFIRS-5 Project Team Expenses' of Hourly Fees) Alive Study Data $36,726 226 hours $2,000 $1,102 $1,595 TOTAL PROJECT AMOUNT $41,423.00 BILLING SCHEDULE %'of Project Cost Amount Upon execution of the contract 20% $8,284.60 30 days after completion of Task 1 20% $8,284.60 30 days after completion of Task 2 20% $8,284.60 30 days after completion of Task 3 or delivery of the draft report, whichever is later 20% $8,284.60 Upon delivery of the Final Report 20% $8,284.60 Total 100% $41,423.00 19 EXHIBIT `D' SCHEDULE OF PERFORMANCE For the services described in the project scope, the schedule of performance shall be: 150 total calendar days, broken into 5 Tasks, as follows: Task #1 — shall begin with a mutually agreeable "Project Kick-Off Meeting" on-site between the Contractor and the Contract Officer(Fire Chief) and the Department project team. Task#1 shall be completed within 30 calendar days from the date of the "Project Kick-Off Meeting". Task#2—shall be completed within 30 calendar days from the completion date of Task#1 Task#3 —shall be completed within 30 calendar days from the completion date of Task#2 Task#4—shall be completed within 30 calendar days from the completion date of Task#3 Task#5—shall be completed within 30 calendar days from the completion date of Task#4 The schedule of performance may be mutually extended in writing between the Contractor and the City if the Thanksgiving, Christmas, or New Year's holidays cause the parties to delay the draft report discussion scheduled during Task#4. 20 .AELC�ORQM CERTIFICATE OF LIABILITY INSURANCE 08/30/200' PRODUCER (916)443-0200 FAX (916)443-0251 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Owen Dunn Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License Number: 0670167 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2831 G Street Sacramento, CA 95816-3721 INSURERS AFFORDING COVERAGE NAIC# INSURED Citygate Associates, LLC INSURERA: United States Fidelity & Guaranty Co. 705 Gold Lake Drive #100 INSURERS: Evanston Insurance Company Folsom, CA 95630 NSURER C: NSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY BKO1584416 01/23/2004 01/23/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300 OOO CLAIMS MADE M OCCUR MED EXP(Any one person) $ 10.000 A X PERSONAL&ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 0 POLICY M PRO- LOC AUTOMOBILE LIABILITY BKO1584416 01/23/2004 01/23/2005 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000.00 ALL OWNED AUTOS BODILY INJURY SCHEOULEDAUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ 'X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY fESSIUMBREL IA LIABILITY EAC OCCURRENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIEfORIPARTNER/EXECUTIVE OFMCERIMEMBER EXCLUDED? P I DISEAqF- IF yes,describe under OTHER E0818181 01/06/2004 01/06/2005 Limit: $1,000,000 B Consultants Deductible: $5,000 Professional Liability DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roof of Insurance for ongoing business operations of the insured. Certificate Holder included s General Liability Additional Insured (by contract) per St. Paul Liability Form #CL/BF2266 (11/02) attached with primary wording. 'Upon nonpayment of premium, 10 days notice of cancellation applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Mr. Blake Goetz C.C.M. 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fire Chief City of Palm BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 300 N. El Cielo (toad ND4P°N$N Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE !Gf3U ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) N r r Policy Number:OK015NIO Person or Organization Required by Written Contract ADDITIONAL INSURED ENDORSEMENT Change(s)Effective. 0U20l2001 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to SECTION 11.WHO IS AN (c) "Your work" performed for the INSURED,2: insured;or Person or Organization Required by (4) "Bodily Injury," "property damage," Written Contract personal injury" or "advertising injury" m Any person or organization that you agree to arising out of an architect's, engineer's N add as an insured under this Liability or surveyor's rendering of, or failure to o Coverage Part in a written contract or render, any "professional service" when m agreement that is made before, and in effect such person or organization is an o when, the "bodily injury" or "property architect,engineer or surveyor. o damage" occurs or the offense that causes 2. The following is added to SECTION 1V. the"personal injury"or"advertising injury"is CONDITIONS, 5. 'Other Insurance", a. Primary first committed, but only with respect to that Insurance,12l: person's or organization's liability arising out In addition, this insurance will be of "your work" for that person or considered primary to, and non- organization, contributory with, "other insurance" However, such person or organization is not issued directly to a person or an insured with respect to any: organization added as an additional 11) "Bodily injury" "property damage', insured under the Person or Organization "personal injury" or "advertising injury" Required By Written Contract Additional that does not arise out of your Insured endorsement, if you specifically agree, in t negligence; hat written contract or agreement, that this insurance must be �= (2) "Bodily injury," "property damage," primary to, and non-contributory with, "personal injury" or "advertising injury" such "other insurance This insurance for which such person or organization will then be applied as primary insurance has assumed liability in a contract or for damages for"bodily injury","property agreement, except for liability for damage". "personal injury" or s damages that such person or "advertising injury" that are covered by organization would have in the absence the Person or Organization Required By of the contract or agreement: Written Contract Additional Insured �Itas 0 "Property damage"to endorsement and that are incurred by such person or organization, and we will (a► Property owned,used or occupied by not share those damages with such or loaned or rented to such person or "other insurance" organization; All other terms of your policy remain the same. cab) Property over which such person or organization is for any purpose exercising physical control;or CUBr 22 66 1102 Includes co"ifthied material of Insurance Semces orrice.Inc,win its permission Page 1 of t r.l.m in..,,,..c.,,,N..(oh. iM teen ACORI3 CERTIFICATE OF LIABILITY INSURANCE OATS/2000/YYYY) N a/2 (MMID 04 PRODUCER 925-988 8085 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SANTA MARIA AND COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1777 NO.CALIFORNIA BLVD., SUTIE 310 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WALNUT CREEK,CA 94596 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMERICAN HOME ASSURANCE V.S. Management, Inc.; dba: Swan Pools NorCal INSURER B: c/o The Outsource Group INSURER C: 1646 North California Blvd., Suite 210 INSURERD: Wain tCreek CA 94596 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR IARCF GENERAL LIABILITY EACHOCCURRENCE § COMMERCIAL GENERAL LIABILITY PREMISES Ea accarence § CLAIMS MADE OCCUR MEDEXP(Pnyuna persdn) § - --- -- - PERSONAL AADVINJURY § GENERALAGGREGATE § GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/OPAGG § POLICY PRO, F—ILOC IPCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea occident) ALL OWNED AUTOS BODILYINJURY § SCHEDULEDAUTOS (Perperson) HIREDAUTOS BODILYINJURY NON•OWNEDAUTOS (Peraccident) § PROPERTY DAMAGE $ (PeraceMent) GARAGE LIABILITY AUTOONLY-EA ACCIDENT § ANYAUTO OTHERTHAN EA ACC § AUTOONLY: AGO § EXCESSNMBRELLA LIABILITY EACH OCCURRENCE § OCCUR El CLAIMS MADE AGGREGATE § § DEDUCTIBLE § RETENTION § § WORKERS COMPENSATION AND X TDRY IMR OEH A--EMPLOYERS'LIABLLTrr _ WC124_2_106 ___ ___ 10/26/03 _ 10/26/04- _ ANY PROPRIETORIPARTNEIVEXECUTIVE State: CA - E.L.EACH ACCIDENT - § 1i000,000- -' OFFICERNEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE § 1,000,000 N Yes,describe under SPECIAL PROVISIONS below E.L.DISEASE.POLICY LIMB $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_DAYS WRITTEN 300 N. El Cielo Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILUR E TO DO SO SHALL Palm Springs, CA 92262 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: Mr. Blake Goetz C.E.M., Fire Chief REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) Ff d 'ACORD CORPORATION 1988