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HomeMy WebLinkAbout04894 - MUNIFINANCIAL PROPOSITION 218 CONSULTING Muni Financial Prop 218 Related Svcs AGREEMENT #4894 CM signed 6-15-04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Proposition 218 Related Services THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this �GJYti�day of 3vV-wO�, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City') and MuniFinancial (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2 1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Two Thousand Dollars ($22,000.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3 1 Representative of Contractor. Frank G. Tripepi is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3 2 Contract Officer David Barakian, P.E. is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer'). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. R:\USERS\WPPUBLIC\04 BidsWuniFinancial - Prop 218 Services 5-20.wpd ;.!)�y,�tjl;,n��f.,_ F,, 3.3 Prohibition Against Subcontracting or Assiqnment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it' or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $500,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in Exhibit "A". All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City R:\IJSERS\WPPIJBL1C\04 Bids\MuniFinancial - Prop 218 Services 5-20.wpd -2- The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or properly, 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 is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2004. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In R:\USERS\wPPUBLIC\04 Bids\MuniFinancial- Prop 218 Services 5-20.wpd . -3- the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant 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 ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liabilitv of 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. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the R \USERS\W PPUBLIC\04 Bids\MuniFinancial - Prop 218 Services 5-20.wpd parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other 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. 6.9 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, whether or not the matter proceeds to judgment. 6.10 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 R:\USERS\WPPUBLIC\04 Bids\MuniFinancial - Prop 218 Services 5-20.wpd IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS A I T� a municipal corporation City Clerk City Manager v" CONTRACTOR: Muni Financial Check one:_Individual_Partnershipxcorporation 27368 Via Industria, Suite 110 Temecula, CA 92590 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 Officer). By ��i By: '� p.�f�+`�/'.f• Slgnatt re(not n, Signature(631ari2ed) Name: Frank G. Tripepi Name: Rov Gill Title. President & CEO Title: Secretary Address: 27368 Via Industria Address: 2521A� ,ff0h4*If-0 L AV Pet Temecula, CA 92590 �[[�I, #At^�ava State af_CA__________ }� State of_ ------------- county h ofRiversidefss Countyef®I'0wtf Jss r -a5 oulS/ k B/iO4eme, Arlena_�m.arTa 1 _ On�9"¢ o�_ before me,�dJ"khu,Aewer, V• tl "'�-P.\ r personally appeared Fran G. Tripep1 personalty appeared +gym Q!j It personally (mown to me (or proved to me on the basis of salasfaetory--c-erd�n se) to be the persons) whose rani satisfactory evidence) to be the persontS.L whose nameN is/are subscribed to the within instrument and acknowledged is Farr subscribed to the within Instrument and acknowledged to me that he/phebiheyaexecuted the same In his/hEtGAeaa= to me that he/si.eJOw.y executed the same in his/IiL+r/thr authorized capacltydh s1, and that by hBdrautthvoh signature(,o4, authorized capacity(1bg1, and that by his/db<trrfllr signatureN on the Instrument the person(fQ or the entity upon behalf of on the Instrument the personN, or the entity upon behalf of which the person(3,)acted,executed the instrument which the person Nfacted,executed the instrument WITNESS my hand and official seal, WITNESS my hand and official seal. Notary Signature. is �i �✓as,:--��',�:- -Notary Signaturee_4r t1V..d0E0SlM 1t Ill Notary Seal: Notary Seal: ARLENE ROMAKI-1-1 LElE _-�_ •_�>-e Commission# 1389859 z CASNALEEN D.STEEL@ " Notary Public - California ? eMyCorrim.ExpresApir Commisslan yP 1n8323a• Los Angeles County ggNotary Public-CallfornloOwl Orange County 13,20D3 A;reemeent oaer/ueuder $23,000 Reviewed 9nd appt-oved by Proeuremeit ci Cosntruevniff R \USERS\W PPUBLIC\04 BidsWuniFinancial - Prop 218 Services 5-20.wpd Inid Nll1171be ' �.d. q.' � 'jf'i� _� u. ., 1�:.���aYy �� EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform a variety of Proposition 218 related services to assist the City in administering it's landscaping and lighting maintenance assessment districts. Services provided shall include: Task 1 - Proposition 218 Compliance Analysis Services, as follows: Task 1.1 Audit the Districts to determine where improvements are located throughout the C ity. Task 1.2 Based on the information gathered in Task 1.1, prepare a special/general benefit analysis of the Districts to ensure that both benefit factors are separate and distinct and that the general benefits portion is not included in the assessments. Prepare benefit analysis that will focus on the equity of the assessments and what properties should be included in or excluded from such assessment to ensure this equity. This includes reviewing the currently non-assessable parcels within the District. As a result of this analysis, there may be separate zones of benefit identified throughout the City based on factors such as proximity to landscaping, type of landscaping, street light location, lack of street lighting, and street light intensity. Task 1.3 Based on the audit of the improvements and the benefit analysis, Contractor will work with the City to determine cost factors of the improvements within the City. Task 1.4 Determine appropriate assessment rates for each type of assessment category within the Districts assessment methodology and within each zone of benefit, if applicable. Present these rates to the City in memorandum form Task 1.5 Present options the City could consider at one (1) City Staff meeting or one (1) City Council Meeting. Task 2 - Balloting Services Task 2.1 Develop property owner mailing database. The database will be used to mail community meeting notices and the Proposition 218 notice and ballots. Task 2.2 Prepare for and conduct one (1) meeting with property owners within the Districts. The purpose of this meeting is to inform the property owners about the cost estimates, change in assessment amounts, and the need for an assessment balloting process. We anticipate that City staff will be in attendance at this meeting to answer any technical issues regarding the improvements or the history of the Districts. Task 2.3 Prepare and mail the legal notices and ballots regarding the assessment increase. The language of the notices and ballots will comply with the requirements of Proposition 218. Submit the notice and ballot template to the City's attorney and City staff for a review and comment. The legal notice will include the time, date and place of the public meeting, and public hearing and may also serve as an additional information mailer. Contractor shall mail the notice and ballot in a #10 size standard envelope. Contractor will also include a #9 size envelope that the property owner may use to return their completed ballots. On the outside of each envelope Contractor will R:\USERS\WPPUBLIC\04 BidsWuniFinancial - Prop 218 Services 5-20.wpd print "Assessment Ballot Enclosed" and the Zone name. The listing will make it easier for the City Clerk to receive and sort returned ballots for each Zone. Task 2.4 Attend (and, if necessary, make presentations at) one (1) intent Meeting and one (1) Public Hearing regarding the proposed assessment. Task 2.5 Coordinate with the City to tabulate all ballots. Each ballot shall include unique barcodes that can be scanned and tabulated within Contractor's program. Task 2.6 If necessary, attend an additional public hearing to declare the results of each assessment balloting. Task 3 - District Administration Services Task 3.1 Insure the final assessment is billed correctly on the County tax rolls; Resubmit all rejects; and Provide the City of Palm Springs with a final applied report reconciled to County of Riverside records. EXHIBIT 'A1' - SPECIAL REQUIREMENTS: Replace Section 5.2 with the following: 5.2 (Revised) Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon five (5) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. R:\USERS\WPPUBLIC\04 Bids\MuniFlnancial - Prop 218 Services 5-20.wpd SCHEDULE SCHEDULE OF COMPENSATION Compensation for Proposition 218 related services shall not exceed $19,500, and reimbursable expenses are not to exceed $2,500. Total compensation shall not exceed $22,000. Services provided shall be compensated at the following rates: Division Manager $180 per hour Principal Consultant (Scott Koppel) $145 per hour Senior Project Manager $125 per hour Project Manager (Bryan Miller) $105 per hour Senior Analyst (Jennifer York) $ 85 per hour Analyst $ 75 per hour Analyst Assistant $ 65 per hour Property Owner Services Representative $ 50 per hour Support Staff $ 45 per hour Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. R:\USERS\WPPU13LlC\04 Bids\MuniFinancial - Prop 218 Services 5-20.wpd Client#: 6540 WILLDAN ALUM,. CERTIFICATE OF LIABILITY INSURANCE ODATE 6/O8/6108/ 4 Y) 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Santa Ana,CA 92711.0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER Hartford Fire Ins. Co. MuniFinancial INSURER B American Automobile Ins. Co. 27368 Via Industria, Suite 110 INSURER C. Security Ins.Co. of Hartford Temecula,CA 92590 INSURERD 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION LIMITS LTR DATE MMIDDIYV I ATE MMIDDIVY Q GENERAL LIABILITY 57CESOA1661 11/09/03 11/09/04 EACH OCCURRENCE $1000000 IX COMMEPCIALGENERALLIABILITYI FIRE DAMAGE(Any one fire) $J000000 CLAIMS MADE I DOCCUR INDP. CONTRACTORS MED EYE(Any one person) $10000 X CONTRACTUAL _ INCLUDED. PERSONAL&ADV INJURY _ $1 000,000 X_BFPD XCU- _ GENERALAGGREGATE s2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER PRODUCTS -COMPIOP_A_GG_ s2 000,000 POLICY X PR� X LOC Q PAUTOMOSILE LIABILITY 57UENUL9643 I,11109103 11/09/04 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOSI, BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ X_ NON-OWNED AUTOS (Per acntlent) i 1 PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGO S EXCESS LIABILITY _EACH OCCURRENCE $ _ OCCUR _J CLAIMS MADE AGGREGATE _ _ _ $ — $ DEDUCTIBLE $ RETENTION $ I$ B WORKER$COMPENSATION AND WZP80917259 11/09/03 11/09/04 X WC STATU- OTH- ' EMPLOYERS'LIABILITY EL EACH.ACCIDENT $1,000,000 E L.DISEASE-CA EM PLO YEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional XAE0235189 12/01/03 i12/01104 $2,000,000 Per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHIGLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy claims excludes claims arising out of the performance of professional services. *Security Insurance Company of Hartford is 100% reinsured by XL Specialty Insurance Company which is rated A+XV by A.M. Best and Company. (See Attached Descriptions) CERTIFICATE HOLDER AD DITIONAL INSURED;INSURER LETTER CANCELLATION Ten Day Notice for Non-payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL XXR5ffi 01dX5P MAIL 31)—_DAYSWRITTEN Att:Troy Butzlaff NOTIOETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BKRkWXWXANXXARUjXKxXX Assistant City Manager X 3200 Tahquitz Canyon Way 7RRFSMKW40MX Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 2 #M81201 � 41.1. 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Re: Proposition 218 Related Services City of Palm Springs, its officers,employees and agents are additional insured as respects to General&Auto Liability. Primary and Non Contributing coverage applies to GL&AL. Waiver of Subrogation applies to GL&AL. Waiver of Subrogation for Work Comp is included (G L-AI/AU-AL/PR/SBGL/SBAL/SUB/X) AMS 25.3(07/97)2 of 2 #M81201 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Att : Troy Butzlaff Assistant City Manager 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Additional Insured Continued: its officers, employees and agents PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE jOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 20 10 11 85 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80917259 Issued to: MuniFinancial By: American Automobile Ins . Co . Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration Schedule Person or Organization Job Description City of Palm Springs Waiver Applies to : its officers, Att : Troy Butzlaff employees and agents Assistant City Manager 3200 Tahquitz Canyon Way Palm Springs , CA 92262 Amkvwf"4wg., WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative POLICY NUMBER: 57UFNUL9643 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organization(s) Citv of Palm Springs Att : Troy Butzlaff Assistant City Manager 3200 Tahquitz Canyon Way Palm Springs, CA 92262 BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Additional Insured Continued: its officers, employees and agents PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CA20 48 07 97