HomeMy WebLinkAbout00483C - TERRA NOVA PLANNING & RESEARCH INC DDA PRAIRIE SCHOONER PARKING LOT SPA RESORT CASINO Terra Nova Planning&Research Inc.
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AGREEMENT #A483C
COMMUNITY REDEVELOPMENT AGENCY OF TI CM signed 8-5-04
CITY OF PALM SPRINGS
CONTRACT SERVICE AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this s L-day of 2004, by and between the CITY OF PALM
SPRINGS, a municipal corporation, ( reih� n "City") and Terra Nova Planning and Research, Inc„
(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 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
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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 $18,340; 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 in 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 eighteen thousand three hundred and forty dollars ($18,340.00) (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, (iii) 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
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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 (1') 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.
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) year from 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 principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
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its behalf with respect to the work specified herein and make all decisions in connection
therewith:
Nicole Sauviat Criste
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 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
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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.
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 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 for the payment
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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 any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations
or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees 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 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, 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 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.
5.4 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
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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 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 for the 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.
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
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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 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
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.
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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 ($ --Not Applicable-- ) 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, 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 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.
7.9 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
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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. 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.
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 may be amended at any time by the mutual consent of the parties by an
instrument in writing.
- 10 -
9.4 Severability. 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)
- 11 -
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date stated below.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
A public body corporate and politic
ATTEST: s/
R ,-"i ems$ By:
..
Assiiiant Secretary Executive Director
ld 1'�G"v�t`c3v' I( v �1 C'Ju Jv'ti',�:;.,i._°jil viill"fir I�:.` ooment C."et'�ID1I5C�E$� ®(ti0
APPROVED AS I O FORNt' ) n
f}✓�i,ll:,"' ii( Lltl �,� :�.i� I ...i!`�r�"�a�il� "�✓���L��PGII�"S.7
B / G` � G- deeddeeved and approved by
Y �' d' 'c. Procurement & Contracting
City Attorney
DATED this day of 2004. RtnotonlS
P.O. Number"
CONTRACTOR: Check one:_Individual_Partnership K Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of the Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasure , Assistant Treasurer, or Chief
Financial Offi r.
By: \ By ,
o arized Sign of Chairman of Board, Notarized ' natur Sec etary, Asst Secretary,
President or any Vice President Treasurer, Asst Treasurer or ahisf Financial Officer
L�
Name: / otin Name:
Titl Title:
State of � +-d^+ ati=k�1 ,�' ) State of "�=B
County of�,q �T I P"R— County of �: f 11 4:�t 1)
On g Jll%�d� before me, C'0N�4L 4-'�2 tyd®4d.8 Pw� `r/6 ez-/ before me,
personally appeared 77Nc,_,o*6E !—a, personally appeared ?/A I �`nt �/Q
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 person(s) whose satisfactory evidence) to be the person(0) whose
nameO is/afA subscribed to the within instrument and name(t�,) is/are-subscribed to the within instrument and
acknowledged to me that he/sheHhey executed the same acknowledged to me that.lrn/she/thoy executed the same
in his/heritheir authorized capacity(ies), and that by in hfS/her/t4etr authorized capacity(i&5J, and that by
his/her/theirsignature(f'on the instrument the person(, p1s/her/theft signature(s)on the instrument the person(s),
or the entity upon behalf of the which the person(•s)' or the entity upon behalf of the which the person(s)
acted, executed the instrument. acted, executed the instrument.
WITNESS my hand and Qfficial s I WITNESS my hand n�1 official;seal
V
Notary Signature: _ r Notary Signature: �✓r� _ �� � ------�
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Notary Seal: � Notary Seal:
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EXHIBIT "A"
SCOPE OF SERVICES
The following work program is intended to provide for the review of the Redevelopment
Agency's Development and Disposition Agreement (DDA) with the Agua Caliente Band of
Cahuilla Indians (the Tribe) pursuant to the California Environmental Quality Act (CEQA),
California Public Resources Code §21000-21178, as well as the environmental review
procedures of the City of Palm Springs. It is assumed that this review will be accomplished via
the preparation of a City of Palm Springs Initial Study (IS) and a Mitigated Negative Declaration
(MND), if appropriate, prepared pursuant to §15070-15075 of the CEQA Guidelines. In
preparing the IS and MIND, Contractor's staff will draw to the extent possible upon existing
environmental documentation for projects in the vicinity.
The MND will address the potential environmental effects of the DDA with the Tribe pertaining to
the use of up to 200 spaces in the City's parking lot, commonly known as the Prairie Schooner
parking lot, for valet parking overflow during peak usage periods at the Spa Resort Casino. The
format of the environmental analysis presented in the MND will be patterned after the format
presented in the IS checklist. The preparation of an MIND of course assumes that the
environmental issue analysis concludes that all issues are less than significant after the
incorporation of appropriate mitigation measures. For all potential impacts requiring mitigation,
the mitigation measures will be clearly identified.
The MND will be prepared to meet standards of legal adequacy and edited to ensure
conciseness and clarity. Maps, graphics and photographs will be presented in a consistent
format throughout the report. The project will be depicted with the use of graphics that will also
display relevant environmental data and support discussion of impacts and mitigation measures
to be incorporated into the project.
It is understood that the City Attorney will provide legal review of the IS and MND and should
legal questions arise about the project, the Contractor will rely on the City Attorney's assistance.
It is expressly understood that all work as described in the scope of services will fully comply
with the requirements of CEQA and that due to the sensitive nature of the project area, there is
some potential for litigation concerning this project. Contractor's work product as described in
the scope of services, will be subject to the review of the City's Director of Planning and Zoning
and the City Attorney. Contractor will make any and all revisions necessary in the opinion of
said City officials for all matters set forth in this Agreement and for all tasks listed below, to
ensure that all work performed and documents produced are in full compliance with CEQA,
without making any additional claims for compensation. If the City requires additional work
beyond that stated in the scope of services and the Agreement, Contractor shall not proceed to
complete said additional work until and unless the parties first comply with the process set forth
in Section 1.8, entitled "Additional Services", of the Agreement.
The tasks required to complete the work are as follows:
Task 1. Review of project description with City and Tribal staff as currently developed.
Gather data to include historic usage data for the casino valet, both in Palm
Springs and in Rancho Mirage, if available.
Task 2. Review Convention Center expansion Environmental Assessment and determine
sections and discussions which can be used in development of Initial Study text.
- 13 -
Task 3. Secure maps of all parking lots, both convention center and casino related, and
other mapping as needed for exhibit preparation.
Task 4. Consult with Endo Engineering and Tribal traffic engineering consultant as
needed to analyze the parking provided for both the convention center and the
casino.
Task 5: Consult with noise engineer on noise levels for idling autos, periodic noise spikes,
etc. for noise discussion.
Task 6. Prepare a comprehensive air quality analysis for moving and stationary emissions,
as well as fugitive dust (PM10) emissions associated with vehicle trips and
operations and other potential impacts in conformance with the SCAQMD
Environmental Handbook and City Air Quality Guidelines.
Task 7. Prepare a CEQA Initial Study Checklist and review same with City.
Task 8. Integrate all special studies and other analyses into a single document, similar in
style and scope to the environmental assessment Terra Nova prepared for the
Convention Center expansion project. Five copies of the screencheck draft
document will be provided to the City.
Task 9. Make amendments to draft document as required by City comments. Deliver
document to City staff for distribution. One print master and five bound copies
shall be provided.
Task 10. A mitigation and monitoring program shall be integrated into the draft EA on a
categorical basis, and modified as needed based on comments to the EA and
requirements imposed by public hearing actions.
Task 11. Prepare Notice of Availability and Notice of Intent to Adopt a Mitigated Negative
Declaration and Public Notice or combined form and assist City in posting and
advertising same as required.
Task 12. Transmit environmental assessment to responsible and trustee agencies, as
needed. The list shall be developed based on standard City mailing lists for
environmental documents, as well as any other parties who may have requested
notification of the project. A total of 25 copies of the final draft document are
estimated for purposes of this proposal.
Task 13. Prepare public notice for publishing, and deliver same to City for review and
insertion into Desert Sun and transmittal to surrounding property owners (400
feet).
Task 14. Coordinate responses to all comments received with City and Tribal staff, and
draft response to comments for distribution by the City. A maximum of 16 hours
shall be devoted to this task. Should the comments received exceed 16 hours for
response, additional time will be billed on a time and materials basis as set forth in
Exhibit "D" of this agreement. One print master shall be provided for the City's
use.
- 14 -
Task 15. Coordinate with City staff in their preparation of staff reports, attend one City
Council/CRA meeting to act as staff support in presentation of project, and make
presentations as needed.
Task 16. Prepare Notice of Determination form and deliver to County Clerk for posting, as
required.
Task 17. Prepare final adopted document, including any modifications to mitigation
measures or mitigation monitoring resulting from public hearings, and deliver five
bound copies and one print master to City for use in the future.
- 15 -
EXHIBIT "B"
SPECIAL REQUIREMENTS
Parties to the Agreement: All references to the "City of Palm Springs" as a party to this
agreement shall instead refer to the "Community Redevelopment Agency of the City of Palm
Springs".
Performance Bond: The requirements of Section 5.3 for a performance bond are hereby
waived.
Required Additional Insurance: Professional Liability Insurance. A policy of professional
liability insurance written on a occurrence or claims made basis with limits of a minimum of
$1,000,000.
Subcontractors: The City hereby approves the use of Endo Engineering, Inc. and P&D
Consultants as a subcontractor for preparation of the traffic circulation analysis portion of the
scope of work.
- 16 -
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Total compensation for the services to be provided shall not exceed $18,340.00.
Payment will be made to the Contractor as follows:
75% Upon completion by Contractor and acceptance by City of all work comprising
Tasks 1 through 12, inclusive.
25% Upon completion by Contractor and final acceptance by City of all work
comprising Tasks 13 through 17.
- 17 -
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
(Note: assumes contract initiated by July 23, 2004)
Task Description Complete By Cost
Review of project description with City and Tribal staff as
1 currently developed. Gather data to include historic usage data g/10/04
for the casino valet, both in Palm Springs and in Rancho
Mirage, if available.
Review Convention Center expansion Environmental $880
2 Assessment and determine sections and discussions which can 8/10/04
be used in development of Initial Study text.
Secure maps of all parking lots, both convention center and
3 casino related, and other mapping as needed for exhibit 8/10/04
preparation.
Consult with Endo Engineering and Tribal traffic engineering
4 consultant as needed to analyze the parking provided for both 8/31/04 $1,500
the convention center and the casino.
Consult with noise engineer on noise levels for idling autos,
5 periodic noises ikes, etc. for noise discussion. 8/31/04 $1,500
Prepare a comprehensive air quality analysis for moving and
stationary emissions, as well as fugitive dust (PM10) emissions
6 associated with vehicle trips and operations and other potential 8/31/04 $2,800
impacts in conformance with the SCAQMD Environmental
Handbook and City Air Quality Guidelines.
7 Prepare a CEQA Initial Study Checklist and review same with 8/31/04
City.
7a City to provide comments 9/10/04 N/A
Integrate all special studies and other analyses into a single
document, similar in style and scope to the environmental
8 assessment Terra Nova prepared for the Convention Center 10/8/04
expansion project. Five copies of the screencheck draft
document will be provided to the City.
8a City to provide comments 10/18/04 N/A
Make amendments to draft document as required by City
9 comments. Deliver document to City staff for distribution. One 11/1/04 $6500
rint master and five bound copies shall be provided.
A mitigation and monitoring program shall be integrated into the
10 draft EA on a categorical basis, and modified as needed based 11/1/04
on comments to the EA and requirements imposed by public
hearing actions.
Prepare Notice of Availability and Notice of Intent to Adopt a
11 Mitigated Negative Declaration and Public Notice or combined 11/5/04
form and assist City in posting and advertising same as
re uired.
Transmit environmental assessment to responsible and trustee
agencies, as needed. The list shall be developed based on
12 standard City mailing lists for environmental documents, as well 11/5/04 $400
as any other parties who may have requested notification of the
project. A total of 25 copies of the final draft document are
estimated for purposes of this proposal.
Prepare public notice for publishing, and deliver same to City
13 for review and insertion into Desert Sun and transmittal to 11/5/04
surrounding property owners 400 feet).
- 18 -
Task Description Complete By Cost
Coordinate responses to all comments received with City and
Tribal staff, and draft response to comments for distribution by
the City. A maximum of 16 hours shall be devoted to this task.
14 Should the comments received exceed 16 hours for response, 11/29/04 $2000
additional time will be billed on a time and materials basis as
set forth in Exhibit "D" of this agreement. One print master
shall be provided for the Cit 's use.
Coordinate with City staff in their preparation of staff reports, 12/3/04
15 attend one City Council/CRA meeting to act as staff support in (10/15/04 $880
resentation of project, and make presentations as needed. meeting)
16 Prepare Notice of Determination form and deliver to County 12/22/04 $380
Clerk for ostin as required.
Prepare final adopted document, including any modifications to
17 mitigation measures or mitigation monitoring resulting from 12/27/04 --
public hearings, and deliver five bound copies and one print
master to Cityfor use in the future.
N/A Reimbursables N/A $1500
TOTAL $18340
Reimbursables:'
CAD Drafting and Misc.Exhibit Preparation...... ... .. ........................... ......... ........................... ................................. .. ............$300
MiscellaneousPrinting2.................................................... .. .............................-.. - ........................... .. ........................ .. .. . .. $200
DocumentPrinting.......... .................................. .. .. .............................. .. ... .. ..................... .... .. ...................... .. .. ...............$250
Misc.Office:postage,telephone,fax,photocopies,etc...................... ..... ........................ ............................... .. .. .....................$750
TOTAL.. .. . ........................ .. .. .. .. .. ........................ .. .. .. .. ...................... .. .. ........................... .. .. .............................. $1500
1. Reimbursable are estimates and will be billed on a cost basis
2. Blueprints,copies of reports,screen check draft and similar printing
- 19 -
CERTIFICATE OF INSURANCE
T"' at Q STATE FAR;..,-IRE AND CASUALTY COMPANY, Bloomingtc.,Illinois f,�
STATE FA0.M ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois C3 '
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario L
El STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida n•
INSURANCE ❑ STATE'FARM L'LOYDS, Dallas,Texas �' fEYT ti 3 e"JAI
insures a ollowing policyholder for the coverages indicated below_
TERRA NOVA PLANNING & RESEARCH INC. 14
Policyholder 400 S. FARRELL, SUITE B 205
Address of policyholder Palm Springs, ca 92262
Location of operations various
Description of operations
The policies listed below have,been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid
claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy Period)
90-63-8797-9G Comprehensive 09/13/03 09/13/04 BODILY INJURY AND
Business Liability PROPERTY DAMAGE
------r - --------------- ------------------ ------------------
s insurance includes: ❑Products-Completed Operations
❑Contractual Liability
Q Underground Hazard Coverage Each Occurrence $ 1,000,000
❑ Personal injury
❑Advertising Injury General Aggregate $2,000,000
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage Products—Completed $
❑ Operations Aggregate
El
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
Q Umbrella Each Occurrence $
❑ Other Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers'Compensation
and Employers Liability Each Accident $
Disease-Each Employee$
Disease-Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Date (at beginning of policy period)
V85-4787—A13-55F ALL AUTOMOBILES 01/13/04 01/13/05 1,000,000
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
its expiration date, State Farris will try to mail a
written notice to the certificate holder 30 days before
Name and Address of Certificate Holder cancellation. If however, we 'I to mail such notice,
no obli ation or liability vi b impos d on State
CITY OF PALM SPRINGS Farm its agents or repr ent Ives.
3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262
gnature of Aut med epresentative
AGENT 02/09/04
Title Date
i
ii558-994
a.4 11.12-2002 Punted in U.SA. l Ciiy, CA 92234
- SK
- RTHOLDER COPY,. t '41
STATE
P.0 EiOX' 1507, SAN FRANCISCO; A':94142 0'807
COMPENSATIbN
INSUrRA#4QE
FUND CERTIFICATE 6F w6RKERS' CC)MPENSATION INSURANCE �j�6,2QP3
REQ
ISSUE DATE: 09-0 03, `
1r20 . GROUP: -
POLICY NUMBER 107491-200'3
CERTIFICATE ID: 2
CERTIFICATE, EXPIRES: .09-01-2004"
09-01-2003/08-01-2004
C'ITY,.OF PALM SPRINGS SK: JOB:'
OB ATTN: `,BRUCE, JOHNSON',
3200>,E ,T',AHQU,ITZ •CAN.YQN, WAY
PALM SPRINGS CA92262
This is to certify that we have issued a valid Workers' Compensation insurance policy;in a".form:approved by the -
California Insurance Commissioner to the employer named below for the policy period indicated..
This policy is ,not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give you,,30-days` advance notice should this policy be cancelled prior to itsnormal,'expiration.
This certificate;of,lnsurange,is trot an insurance policy and does not amend, extend or alter the coverage Afforded
by the policies listed herein: Notwithstanding any requirement, term, or condition of any contract, or' other document.,
with res0ect-to which this certificate of insurance..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.
AUTHORIZED.REPRESENTATIVE PRESIDENT.' -
EMPLOYER'S,LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.,OOO'OO PER OCCURRENCE.
O,NDQRSEMENT d001'5 ENTI'TLEQ ADDITIONAL-,INSURED EMPLOYM EFFECTTVE' 09-01-2003` IS AtTACHED70 AND
FORMS A PART OF THIS POLICY.}
NAME of ADDITIONAL INSURED, CITY OF 'PA•LM SPRINGS --• SK -
ENDORSEMENT $2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2003'IS ATTAGHE'b-„TO AND
FORMS A PART 'OF THIS`POLICYJ - -
.EMPLOYER' ._ .. • - ` - ,.,...
'LEGAL NAME -
TERRA NOVA PLAN NJ,NG;& RESEARCH INC TERRA NOVA 'PLANNING .&,RESEAIYCH INC ,
400 .S -FARRELL ,bRE S`ft Q205
.- PALM: SPRINGS CA 92262:
.- OS -15-.2003
AUG-02-2004 MON 11:34 AM FAX NO, P. 01
acgm,,. CERTIFICATE OF LIABILITY INSURANCE OPID 27 DATE @tM DOM YY)
TERRA-6 07 30 04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brakke,SChafnitZ Ins, Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LSCenae #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Niguel CA 92677-1251
Phoue; 949-365-5100 Paxs949-365-5161 INSURERS AFFORDING COVERAGE NAIL
INSURERA: Continental Casualty Co
/ /Y 4 /V w•L ' INSURER
Terra Nova Planning fA Research Y' INSURER C'._�_,_�_ _
400 South Farrell Ste 8-205 INSURER Di
Palm Springs CA 9�1262 • ---
INSURER ERE: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 LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS-
LTR NSRd TYPEOP INSURANCE POLICY NUMBER 0 H NMIIDOPW ATE MM�- IDOOm LIMITS
VOENERAL LIABILITY EACH OCCURRENCE 5 _
MERCIAL GENERAL LIABILITY PREMISES Ee ocaurancei S,_^
CLAIMSMAGE OCCUR MED EXP(AnY one Peron) S
pERSONALSADV INJURY S _
_ OENERALAGGREGATE S _
GREGATE LgIIMoIT APPLIES PER; PRODUCTS-COMPIOPAGG $
DY JEOT LOC
AUTOMOBILELIARIUTY COMBINED SINGLE LIMIT
ANY AUTO (Ea Amami) S
ALL OWNED AUTOS BODILY INJURY
„ SCHEDULED AUTOS (Par por.Pn) S —_
'I HIREDAUTOS BODILY INJURY
NON•OWNEOAUTOS (par acclaenq 5
ropir
PROPERTY DAMAGE y
(Per aceAYenC
GARAGE LIABILITY AUTOONLY_EAACCIDENT $
ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGO 5
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR El CLAIMS MADE AGGREGATE E
DEDUCTIBLE E
RETENTION S -- 5
WORKERS COMPENSATION AND TORV LIMITS ER ,
EMPLOYERC LIABILITY
µY PROPRIETOR PARTNERIEXECUTIVE E L EACH ACCIDENT $
OFFIC,PWMEMBER EXCLUDED? DISEASE-EA EMPLOYEE $
f c3,ae6Cflbc4Ca9fF �—`
SPECIAL PROVISIONS bolow E L.DISEASE,POLICY LIMIT S
OTHER
A Professional Liab. TERRA12345 11/05/03 ll/05/04 Per Claim $1,000,000
A re ate 42,000,000
DESCRIPTIQN OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADOEO BY ENOORbEMENTI SPECIAL PROVISIONS
Proof of Insurance.
*S,xcept 10 days for non-payment of promium.
CERTIFICATE HOLDER CANCELLATION
CSTYOPS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRCREN
City of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SHALL
Attn: ,ling Y90 IMPOSE NO OILICATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
3200 E-TahquitZ Canyon Way
Palm Springs CA 92262 REPRFSENTATVES.
AV7HOTNZEO REPRE N E
ACORD 25(2001103) G;ACORD CORPORATION 19138
CONTRACT ABSTRACT
Contract
Company Name: TERRA NOVA PLANNING AND RESEARCH, INC.
Company Contact: Nicole Sauviat Criste
Summary of Services: Review of DDA and environmental review for Prairie Schooner
parking lot (including preparation of Initial Study & Mitigated
Negative Declaration).
Contract Price: $18,340.00
Funding Source: Community Redevelopment Agency
Merged Area No. 2 - Unscheduled Capital
#812-8192-50000
Contract Term: One Year (from contract execution)
Contract Administration
Lead Department: Planning/Community & Economic Development
Contract Administrator: Jing Yeo/Curt Watts
Contract Approvals
City Council/ Agreement No:
Community Redevelopment Agency
Approval Date: N/A - Contract Amount under $25,000
Minute Order/ Resolution Number: N/A
Contract Compliance
Exhibits: Attached
Signatures: Attached
Insurance: Attached
Bonds: N/A
Contract prepared by: Jing Yeo & Curt Watts
Submitted on: August 3, 2004 By: