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HomeMy WebLinkAboutA4885 - JD Franz Research - JENNIFER FRANZ LETTER AGREEMENT PUBLIC OPINION TELEPHONE SURVEY REVENUE ENHANCEMENTTHE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 MB 01 002245 00054 H 6 C I1I'IIJII,1I11'11I1II1rIII-II..1111.11111111.1111,1.,11111'II11 City of Palm Springs Office of The City Manager Attn Troy Butzlaff 3200 Tahquitz Canyon Way Palm Springs CA 92262-6959 Account Information: September 1, 2024 RECEIVED SEP 0 9 2024 OFFICE OF THE CITY CLERK Policy Holder Details : JD FRANZ RESEARCH INC� II Contact Us Need Help? Chat online or call us at (866) 467-8730, We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 /+CO� `-- CERTIFICATE OF LIABILITY INSURANCE DATE MIDDn`YYY) 09/0(M1/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER 3 , AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement e . PRODUCER CONTACT NAME: BENDER INSURANCE SOLUTIONS 57121357 516 GIBSON DRIVE SUITE 240 ROSEVILLE CA 95678 PHONE (916)380-5300 (MC, No, FAX IA/C, No): DR EMAIL ADDRESS: ESS: INSURER(S) AFFORDING COVERAGE NAICe INSURER A: Hartford Underwriters Insurance Company 30104 INSURED INSURER B : JO FRANZ RESEARCH INC INSURER C : 2740 FULTON AVE STE 101 INSURER 0: SACRAMENTO CA 95821 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP Using COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE1OCCUR DAMAGE TO RENTED PREMISES Ilia pcc�rrsnml $1,000,000 General :lability X MED EXP(Any one person) $10,000 A 57SBMBE5G54 09/30/2024 09/30/2025 PERSONAL SACV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY❑ECTPRO- ❑LOD PRODUCTS - COMPIOP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 ANY AUTO BODILY INJURY (Per person) A AUUTOSS AUTOSALL OSCHEDULED AUTOS 57 SBM BE5G54 09/30/2024 09/30/2025 BODILY INJURY(Perawderd) X HIRED X NON -OWNED AUTOS AUTOS PROPER 7YDAMAUh (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- �� RECE VED AGGREGATE E RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'QABILITY ANY YINE.L. PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Maedatp"InNH) NIA SEP 0 OFFICE OF THI 2024 7. CITY CLERK F EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE H yea, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION P RATION DESCRIPTION OF OPERATIONS / LOCA 17ONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be Attached H more space in required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City of Palm Springs Office of The City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Manager BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Attn:Tmy Butzlaff IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3200 Tahqultz Canyon Way Palm Springs CA 92262 m 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Z CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDn'YYY) 07/04/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER 3 , AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsemen a . PRODUCER CONTACT NAME: BENDER INSURANCE SOLUTIONS 57121357 516GIBSONDRIVE SUITE 24fRECEIVED ROSEVILLE CA 95678 JUL 16 2024 PHONE (918)380.5300 FAX Iac.No): E.MAILADDRESS: INSURERIS) AFFORDING COVERAGE NAICX INSURERA: Hartford Casualty Insurance Company 29424 INSURED F (+❑ JD FRANZ RESEAARCH�RC OF THE CITY CL INSURERS KE_R'C 2740 FULTON AVE STE 101 SACRAMENTO CA 95621 -------- - INSURER D. INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN B TYPE Of INSURANCE ADDL SUBR POLICY NUMBER POLICY EFf POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES IS, ocamenasi MED EXP (Any arre person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY❑ECTPRO. ❑LOD PRODUCTS - COMP/OP AGG OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea Wddent) ANY AUTO BODILY INJURY (Par parson) ALL OWNED SCHEDULED AUTOS INJURY acOMarq) BOMLYAUTOS PROPERTY -DAMAGE PROPS HIRED 'NON -OWNED AUTOS AUTOS (Per aWdeM) UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS - MADE E RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X P O H- E.L. EACH ACCIDENT $1,000,000 ANY YIN A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 57 WEC ADBEDX 08/02/2023 08/02MO24 E.L. DISEASE -EA EMPLOYEE 31,000,000 (Mandatory In NH) If yes describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OPERATIONS ow DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES IACORD 101, Additional Remarks Schedule, may M attached it more space to required) Those usual to the Insured's Operations CERTIFICATE HOLDER CANCELLATION City of Palm Springs Office Of The City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Manager Attn:Tmy ButZlatf BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3200 Tahqultz Canyon Way Palm Springs CA 92262 / ,16� 0f ®1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 MB 01 000152 31783 H 2 A 16"I��I�I��IJIJ�I�III�d�,IILJ��III��I�IIIdI�I�IJ,�I�h�� City of Palm Springs Office of The City Manager Attn:Troy Butzleff 3200 Tahquitz Canyon Way Palm Springs CA 92262.6959 Account Information: Policy Holder Details : JD FRANZ RESEARCH INC July 4, 2024 JUL 16 2024 OFFi:`'—F .,.L-..i....'s K II Contact Us Need Help? Chat online or call us at (866)467-8730, We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 F D Franz Research Inc Public Opinion Survey AGREEMENT #4885 CITY OF PALM SPRINGS CM signed 06/18/04 CONTRACT SERVICES AGREEMENT FOR Public Opinion Research Services THE CONTR CTpSERVICES AGREEMENT (herein "Agreement') is made and entered into this day of�)!�� 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and J D Franz Research, Inc. (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 Twelve Thousand Seven Hundred Sixty Dollars ($12,760.00) ("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. Jennifer Franz, Ph.D. 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. Troy Butzlaff 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 R:AUSERS\WPPUBLICA04 BldsVJD Franz- Public Opinion Research 5-20.wpd � ��'��� ��it Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. 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 C ity. 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. (0) 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 R:\USERS\WPPUBLIC\04 Bids\JD Franz- Public Opinion Research 5-20.wpd -2- Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. 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 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 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 June 30, 2004. R:\USERS\WPPUBLIC\04 Bids\JD Franz- Public Opinion Research 5-20.wpd -3- 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 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-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. 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. R:\USERS\VVPPUBLIC\04 Bids\JD Franz- Public Opinion Research 5-20.wpd 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 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, hi) 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\JD Franz- Public Opinion Research 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 TT SE T: ) a municipal corporation City Clerk City Manager r >, kna sb IftFad:vy,>rE�'L a,i) r J ]f } Vit CONTRACTOR: JD Franz Research, Inc Check one _Individual_Partnership_Corporation 550 Bercut Drive, Suite H Sacramento, CA 95814 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) B / By ASI nature(no rrz d) Signature (notarized) Name: ...!E�ri,-�.�p "n Hro NZ Name. Title: \ l'PS;(4Pn Title: Address: 5`\h Address: State of(/'�oid; F'et is r d. Slate of county of >/f r "m fo ll ss Cannly of �55 ( CI al S ,, Ong � before me, y C��,"'_(z_�_�4,_,..t�L_r--� On before ma, personally appeared '�w^„,rt'- r�•` /�, y a>617.,, personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me an the basis of satisfactory evidence) to be the persons) whose names) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/then to me that he/she/they executed the same in his/her/then authorized capacity(ies), and that by his/her/their signature(s) authorized capme y(ied), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the persori or the entity upon behalf of which the persons)acted,executed the instrument which the persons)acted,executed the instrument WITNESS my hand and official seal W ITNESS my hand and official seal Notary Signature, f)," 1(i L Notary Signature. Notary Seal: Notary Seal: v"I { i.1:�2;s.''p DEEBRrS R. PREN ICE2,. d'I iyt,:`.�,,.��'r�i. COn4M.?! 1374:iS' ARY Ptl(iLIC-CALIFORDAA ir) SAcrAMf1lJT0 COUNTY COMM.ExP.SEPT.30,2005S R:\USERS\WPPUBLIC\04 Bids\JD Franz- Public Opinion Research 5-20.wpd EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform a random telephone survey of 400 participants for the purpose of measuring public opinion regarding revenue enhancement strategies being considered by the City. Services related to the telephone survey shall include: Task 1 - Consultation with City: Contractor shall consult with representatives of the City to determine the goals and objectives of the survey and to identify any specific inquiries desired by the City. Task 2 - Design of Survey Instrument: Contractor shall prepare survey instrument based on the results of Task 1. Contractor shall present survey instrument for review of City and make any post-review modifications as necessary. Task 3 - Pre-Testing the Survey Instrument: Contractor shall pre-test the survey instrument to determine its ability to meet the City's goals and objectives, consult with the City on the results and make any final adjustments necessary. Task 4- Identify Target Sample: Using appropriate sampling methodology, Contractor shall select a random sample of Palm Springs voters sufficient to achieve the target number of 400 responses. Task 5 - Conduct Survey: Contractor shall complete 400 surveys. Task 6 - Report Results: Contractor shall tabulate data resulting from survey responses and prepare an in-depth written report on the results. A breakdown shall be prepared by neighborhood and by those identified as most likely to vote. The report shall include an introduction, a detailed statement of methods, verbal and graphic portrayal of findings, conclusions and recommendations Task 7 - Consultation/Presentation of results: Contractor shall consult with representatives of the City on the results of the survey. 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\W PPUBLIM04 Bids\JD Franz- Public Opinion Research 5-20.wpd SCHEDULEB SCHEDULE OF COMPENSATION Total compensation for building inspection services provided shall not exceed $12,760. Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. R:\USERS\WPPUBLIC\04 Bids\JD Franz- Public Opinion Research 5-20.wpd ' Jennifer Franz Letter Agreement Public Opir rn AGREEMENT ft4885 1) am'd 4-16-04 �eK AL r��° City of Palm Springs Office of the City Manager 3200 Tali9 Y uirr Canyon Way 'Palm Springs, California 92262 TEL (760)323-8201 • FAX (760)323-8207 • TDD:(760)864-9527 A ril 28, 2004 �� t y Jennifer Franz, Ph.D., President JD Franz Research, Incorporated CLtYGti 550 Bercut Drive, Suite H Sacramento, CA 95814 RE: Letter Agreement to Provide Public Opinion Research Services Dear Ms. Franz: It is the intent of this correspondence to establish by letter agreement (hereinafter"Letter Agreement") a contractual relationship, between your firm (hereinafter "Consultant") and the City of Palm Springs (hereinaafter "City"), for the design, testing and administration of a random telephone survey of 400 participants for the purpose of measuring public opinion regarding possible revenue enhancement ideas currently being considered by the City (hereinafter "Project"). All services rendered under this Agreement shall be performed in accordance with your email proposal, dated March 26, 2004, as amended on April 16, 2004, and collectively attached hereto as Exhibit "A". The City and Consultant both acknowledge that a formal Contract Services Agreement is now being prepared and that until such an agreement is finalized and executed by and between the parties the provisions of this Letter Agreement shall control. City acknowledges that Consultant has proposed a fixed price of Twelve Thousand Seven Hundred and Sixty Dollars ($12,760) for completing the Project described in Exhibit "A". In no event should Consultant's billings exceed the fixed price without prior written authorization by the City. In the unlikely event that a Contract Services Agreement is not executed, the City agrees to pay for all work actually performed under this Letter Agreement. City shall make payment to Consultant within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Consultant. All invoices submitted for payment shall include a detailed accounting of the services rendered and include a summary of the tasks performed and the total time spent on each task. The City and Consultant both acknowledge their respective duties and responsibilities. As a condition to this agreement, Consultant agrees to maintain at all times throughout the entire term of this Letter Agreement the following policies of insurance: a) Workers' Compensation Insurance. The Consultant shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance, in accordance with the laws of the State of California, for all persons whom Consultant may employ directly or through subcontractors in carrying out the work specified herein. Such insurance shall be maintained in full force and effect during the period covered by this contract. b) General Liability Insurance. For all operations of the Consultant or any sub-contractor in performing the work provided for herein, the Consultant shall obtain and maintain in full force and effect throughout the entire term of this Agreement, a broad form comprehensive general Pr,.r (14747;,o n,. ')7A1 . T3_I— c__:__- I-I:r- -- . I, I. � --. .- 04/29,/2004 ILS4 FAS NO 323 8207 CZPy OF PALM SPRTNGB 2003 Lem to Jenn fer Franz April 26,2004 Page TWo liability (occurrence) policy within a minimum limit of One Million Dollars ($1,000,000) aggregate and One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The insurance shall protect the applicant and the City from any, claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operation performed by the applicant, its agents, employees, and/or aubgrantees, Copiea of the policies or endorsements evidencing the required insurance coverage shall be filed wlth.the City Clerk prior to beginning work. o) l3usiness_Automotive Inguranee, A policy of comprehensive 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, in addition to the coverage described above, Consultant agrees to hold harmless, indemnify, and defend City, its officers, employees, agents, representatives, and successors-In-interest against any and all loss, damage, cost, or expenses which City, its officers, employees, agents, nspresontatives, and successors-ln-interest may Incur or be required 10 pay by reason of any injury or property damage caused or incurred by Consultant, its employeesj subcontractors, or agents in the performance of this Letter Agreement. The parties intend that Consultant shall perform the services required by this Letter Agreement as an independent Consultant engaged by City and not as an officer or employee of City nor an a partner of or joint venture with City. The torm of this Agreement is for a period of thirty (30) days commencing April 28, 2004. The City reserves the right to terminate this Letter Agreement by providing a written "Notloe of Termination" to Consultant at least five (5) days prior to the date of termination specified in said Nol;ice. However, in no event shall this Fetter Agreement remain valid past May 28, 2004 unless otharMse extended by written approval of the City. Should this Letter Agreement be acceptable to you, please sign this letter at the space provided and return the original to this office. A copy of this correspondence will be mailed back to you for your records_ I look fonward to working with you on this project' If you have any questions or need further clarification regarding this matter, please contact me at your earliest convenience, Sincerely, %YisltUt 1 anager In Agreement; BY: Date Attachment, Exhibit"A"Consultant's Proposal Troy Butzla'ff From: Jennifer Franz Ddfranz@jdfranz.com] Sent: Friday, March 26, 2004 9:44 AM To: troyb@ci.palm-springs.ca.us Subject: Survey Proposal Troy - Thank you for contacting JD Franz Research concerning a possible voter survey about revenue enhancement ideas for the City of Palm Springs. We appreciate your considering us for this important undertaking. Specific services we would propose to provide are as follows: Consultation with you and other representatives of the City as appropriate on the goals, objectives, and specific inquiries for the survey • Design of a draft survey instrument Consultation with you on the survey instrument, followed by modifications as needed Pretesting of the survey instrument, consultation with you on the results, and final adjustments as needed • Selection of a random sample of Palm Springs voters Completion of 300 interviews, which will yield a margin of error for the survey of +/- 5 .7 percent at the 95 percent confidence level Tabulation of the resulting data • Preparation of an in-depth written report on the results, including an introduction, a detailed statement of methods, verbal and graphic portrayals of the findings, and our conclusions and recommendations Consultation with you and other representatives of the City on the results as needed Our price to conduct this research as described above is $10, 400. This price is fixed, all-inclusive, and valid for sixty (60) days from the date of this transmission. As we discussed, I have also prepared two further options for you. First, I indicated that it would not cost a great deal more to obtain additional information of use to the City, because the main cost for this sort of survey lies in contacting a willing respondent. An expanded survey, averaging ten minutes in length and including one open-ended question that would be coded, would cost $11, 900. Finally, I suggested that a sample size of 400 is generally viewed as being 1 more normative and would yield a more precise result, with a margin of error of +/- 4. 9 percent. The basic survey about revenue enhancements with 400 completed interviews would cost $12, 760; an expanded survey (10 minutes, one open-ended question) with 400 completed interviews would cost $14, 500. Again, we thank you for the opportunity to submit this proposal. If you would have any questions about the services we are proposing to provide, our pricing, or anything else, please do not hesitate to call or write. Jennifer Jennifer D. Franz, Ph.D. President JO Franz Research, Inc. (916) 440-8777 Voice (916) 440-8787 Fax 2 E A, z Re, s -;rc i Troy Butzlaff From: Jennifer Franz 5dfranz@jdfranz.com] Sent: Friday, April 16, 2004 8:02 AM To: Troy Butzlaff Subject: RE: Survey Proposal Troy - As a general rule, the schedule usually looks something like this: Planning, Design, and Sampling Two Weeks Survey Implementation Two Weeks Data Coding and Cleaning One Week Report Preparation One to Two Weeks Sometimes this schedule is slowed, usually due to a prolonged planning process . (The process is fastest if only a few people are involved and can be progressively slowed down as more people are added. Reviews by various groups can also take time. ) The schedule can also sometimes be accelerated. The planning process can frequently take less time, and we can speed up the data tabulation and report-writing steps. I hope this is what you need. Please feel free to call or write if you have any questions or want more information. Jennifer Jennifer D. Franz, Ph.D. President JD Franz Research, Inc. (916) 440-8777 Voice (916) 440-8787 Fax -----Original Message----- From: Troy Butzlaff [mailto:TroyB@ci.palm-springs .ca.us] Sent: Thursday, April 15, 2004 6: 55 PM To: 'Jennifer Franz' Subject: RE: Survey Proposal Jennifer: I'm still trying to get a firm answer from the City Manager as to whether or not we are going forward with the survey. He is still talking to the City Council and hopes to have an answer early next week. One Councilmember has asked specifically about your schedule to perform the survey and report the results. I vaguely recall that we discuss the schedule on the telephone, but it was not referenced in your email proposal. Could you please provide me a schedule to complete the survey so I can respond back to this 1 Cbuncilmember. Thanks, Troy L. Butzlaff Assistant City Manager City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8202 (760) 323-8207 (fax) -----Original Message----- From: Jennifer Franz (mailto:jdfranz@jdfranz.com] Sent : Friday, March 26, 2004 9: 44 AM To: troyb@ci.palm-springs .ca.us Subject: Survey Proposal Troy - Thank you for contacting JD Franz Research concerning a possible voter survey about revenue enhancement ideas for the City of-Palm Springs. We appreciate your considering us for this important undertaking. Specific services we would propose to provide are as follows: Consultation with you and other representatives of the City as appropriate on the goals, objectives, and specific inquiries for the survey Design of a draft survey instrument Consultation with you on the survey instrument, followed by modifications as needed Pretesting of the survey instrument, consultation with you on the results, and final adjustments as needed Selection of a random sample of Palm Springs . voters Completion of 300 interviews, which will yield a margin of error for the survey of +/- 5 .7 percent at the 95 percent confidence level Tabulation of the resulting data Preparation of an in-depth written report on the results, including an introduction, a detailed statement of methods, verbal and graphic portrayals of the findings, and our conclusions and recommendations Consultation with you and other representatives of the City on the results as needed Our price to conduct this research as described above is $10, 400. This 2 price is Fixed, all-inclusive, and valid for sixty (60) days from the date of this transmission. As we discussed, I have also prepared two further options for you. First, I indicated that it would not cost a great deal more to obtain additional information of use to the City, because the main cost for this sort of survey lies in contacting a willing respondent. An expanded survey, averaging ten minutes in length and including one open-ended question that would be coded, would cost $11, 900. Finally, I suggested that a sample size of 400 is generally viewed as being more normative and would yield a more precise result, with a margin of error of -F/- 4 . 9 percent. The basic survey about revenue enhancements with 400 completed interviews would cost $12, 760; an expanded survey (10 minutes, one open-ended question) with 400 completed interviews would cost $14, 500. Again, we thank you for the opportunity to submit this proposal. If you would have any questions about the services we are proposing to provide, our pricing, or anything else, please do not hesitate to call or write. Jennifer Jennifer D. Franz, Ph.D. President JD Franz Research, Inc. (916) 440-8777 Voice (916) 440-8787 Fax 3 INTRODUCTION JD Franz Research,Inc. is a full-service public opinion,public policy,and marketing research firm located in Sacramento,California. In existence since January of 1981,the firm is recognized throughout the state for the quality of its work and its responsiveness to clients'needs. Most governmental and business entities consider it to be one of the premier firms of its type in California. In 1981 and again in 1986,the firm won national quality research product awards,first for a handbook on conducting opinion surveys and second for a report on the results of its opinion research. The firm has conducted literally thousands of public opinion and marketing research surveys during its twenty-two years of operation,including in-person interviews,mail questionnaire surveys,and telephone interviews. Focus groups conducted by the firm number in the hundreds. JD Franz Research,Inc.is fully staffed to conduct a wide variety of research projects. Consultation v6th clients,research design,and report preparation are the responsibility of the President,who has over twenty years experience in public opinion and marketing research and who holds a Ph.D. in the field. Responsible for project management and involved in every aspect of the information-gathering process, Dr.Franz leads a highly skilled team that specializes in the attitudes and behaviors of the general public and the consumer. Senior staff includes a Project Manager,a Data Analysis Manager,an Administrative Services Manager,a Data Analyst Coordinator,and Project Coordinator. JD Franz Research,Inc.also has a staff of thirty interviewers and coders,all of whom have completed the firm's in-depth training program. All are also experienced,and many have been with the firm for several years. Other capacities available for projects include a centralized and fully monitored CATI-equipped telephone installation capable of handling simultaneous calling by up to 15 interviewers,an in-house computer system that runs SPSS Data Entry for key data entry and SPSS for Windows for data analysis, and a full-time support staff. The fact that JD Franz Research,Inc.is able to conduct all facets of a project in-house gives further assurance that its commitment to quality control will be fulfilled. For more information,we invite you to visit our website at www.jdfranz.com. JD Franz Research,Inc. °/ 2003 1 1 PUBLIC SECTOR CLIENTS CITIES • City of Antioch • City of Arlington,Texas • City of Campbell • City of Chino Hills ) • City of Corona • City of Dinuba • City of El Cerrito • City of Escondido • City of Lakewood • City of Los Angeles MA) • City of Modesto • City of Newark • City of Oxnard • City of Pleasanton • City of Redwood City • City of Sacramento • City Manager's Office • Department of Community and Visitors Services, Golf Division • Department of Economic Development • Department of Parks and Community Services • Department of Public Works, Solid Waste Division • Department of Public Works,Streets Division • Sacramento City Zoo • City of San Diego • City of San Lorenzo • City of San Mateo JD Franz Research, Inc. °/ 2003 2 i • City of San Ramon • City of Santa Monica • City of Santa Clara • City of Santa Rosa • City of Stockton • City of Tracy • City of Walnut Creek • City of Woodland COUNTIES • Contra Costa County,Department of Public Works • Contra Costa County Library • Los Angeles County, Department of Public Works • Santa Clara County • Sacramento Country • Business Environmental Resource Center • Department of Health, Emergency Medical Services • Department of Health and Human Services,Tobacco Use Prevention • Department of Parks • Office of the Transportation Coordinator • Tobacco Education Program • Sonoma County Waste Management Agency STATE AGENCIES • California State Exposition and Fair • California State Library • Chancellor's Office, California Community Colleges JD Franz Research, Inc. °/ 2003 3 • Commission on Crime Control and Violence Prevention • Court Reporters Board of California • Department of Conservation, Division of Recycling • Department of Education • Department of Finance • Department of Health Services, Office of AIDS • Department of Health Services, Office of Long Term Care • Department of Information Technology • Department of Real Estate • Department of Social Services, Office of Child Abuse Prevention • Department of Transportation • Integrated Waste Management Board • Legislative Counsel Bureau, California State Legislature • Legislative Data Center, California State Legislature • Office of the Legislative Analyst • Secretary of State TRANSPORTATION AND AIR QUALITY ORGANIZATIONS • AC Transit • Amtrak • Association of Bay Area Governments • Bay Area Air Quality Management District • Caltrans JD Franz Research, Inc. °/ 2003 4 • City of Sacramento Transportation Systems Management • Cleaner Air Partnership of Sacramento • Fresno Transit • Lake Transit Authority • Los Angeles Department of Airports • Maricopa Association of Governments (Arizona) l • McClellan Air Force Base • Merced County Association of Governments • Metropolitan Transportation Commission • MKK Transportation • Nevada County Transportation Commission • Orange County Transportation Authority • Parsons Brinkerhoff Quade &Douglas • Placer County Transportation Conmlission • RIDES for Bay Area Commuters • Sacramento International Airport • Sacramento Regional Transit District • Sacramento Area Council of Governments • San Francisco County Transportation Authority • San Joaquin Council of Governments • San Joaquin Regional Rail Commission • San Joaquin Valley Unified Air Pollution Control District • San Mateo County Transit District • Systan Inc.: California Highway Patrol JD Franz Research, Inc. ©/ 2003 5 1 • Tahoe Regional Planning Agency • University of California at Davis Institute of Transportation Studies SCHOOL DISTRICTS • Elk Grove Unified School District • Merced Union High School District 9 • Mt. Diablo Unified School District • Natomas Unified School District • Sacramento City Unified School District • San Lorenzo Valley Unified School District • Travis Unified School District INSTITUTIONS OF HIGHER EDUCATION • Church Divinity School of the Pacific • College of the Siskiyous • Fresno City College • Los Rios Community College District • Sierra College • University of California at Berkeley,Haas School of Business • University of California at Berkeley, Berkeley Library • Ventura Community College District JD Franz Research,Inc. °/ 2003 6 HIGHER EDUCATION ORGANIZATIONS • California Advisory Council on Vocational Education • California Student Aid Commission • EDFUND • Higher Education Consortium of Central California • National Center for Research on Vocational Education • National Science Foundation • Western Interstate Commission for Higher Education RELATED ORGANIZATIONS • Association of California Water Agencies • California Forest Products Association • California Teachers Association • California Water Awareness Campaign • Contra Costa Stormwater Pollution Program • League of California Cities • MPR Associates,Inc. • Strategic Planning Associates • Policy Analysis for California Education UTILITIES • City of Lodi Electric Utility JD Franz Research, Inc. °/ 2003 7 • Modesto Irrigation District • Roseville Telephone Company • Sacramento Municipal Utility District • Stockton East Water District I 1 JD Franz Research,Inc. °/ 2003 8 PRIVATE SECTOR CLIENTS CONSTRUCTION AND DEVELOPMENT • Benchmark Homes • El Dorado Business Alliance • Conway Conservancy • Crescent Ridge • Diversified Shopping Centers • John Mourier Construction • Jones &Stokes . • Sheet Metal Contractors National Association • Trammel Crow ENTERTAINMENT • Actors'Theatre • California Air and Space Center • California State Fair D • Comstock Club • Crocker Art Museum • Davis Art Center • Discovery Museum • Music Circus • Oakland Museum • Sacramento Ballet JD Franz Research, Inc. °/ 2003 9 • Sacramento City Zoo • San Joaquin County Fair • Sonora Opera Hall Theatre • Spare Time, Inc. • Woodland Opera House FINANCE & INSURANCE • Bank of Stockton • California Federal Bank • Capitol Bank of Commerce • Cigna Insurance Company • Consumer Credit Counseling Service • Embarcadero Federal Credit Union • Farmers Insurance Group • Farm Credit Bank/Production Credit Association • Feather River State Bank • First Interstate Bank P • Golden One Credit Union • HealthPro Federal Credit Union • Progressive Insurance Company • Sacramento Saving Bank • SAFE Credit Union • Schools Federal Credit Union • Transamerica Information Management Services (Intellitech) JD Franz Research, Inc. ©/ 2003 10 • Union Safe Deposit Bank LAW • Ellie Zicherman,Attorney-at-Law • Kronick,Moskovitz,Tiedemann &Girard • LegalEase • Livingston &Mattesich 3 • Mennemeier Glassman &Stroud • Merlin's • National Jury Project • Quin Denver,Attorney-at-Law • Sonoma County Law Library • State of California vs. Georgiou • Tahoe-Donner Association • Weintraub, Genshlea&Sproul HEALTH CARE • California Psychological Association • Charter Hospital • Disability Evaluations Group • Enloe Hospital • Foundation Health • Freemont-Rideout Health Group • Health Check, Inc. • Health Plan of San Joaquin • Kaiser Health, Oakland JD Franz Research, Inc. ©/ 2003 11 t • Kaiser Health, Stockton • Landmark Healthcare • Mercy American River Hospital • Mercy Healthcare, Sacramento • Mercy San Juan Hospital • Omni Heath Care • Sullivan, Kelly&Associates • Sutter Health • Tooth Fitness .Y • University of California at Davis Medical Center • Woodland HealthCare MEDIA/COMMUNICATIONS • Cellular One • KVIE Channel 6 (PBS) • KCRA Channel 3 (NBC) • Mini-Publishers,Inc. • Mountain Cellular • Nelson Communications Group • The Sacramento Bee 1 • Sure West • US Computer Services/Cable Data RETAIL • California Wild Rice Advisory Board • Cal Worthington Chevrolet JD Franz Research,Inc. °/ 2003 12 • Cheaper?Stores • Chooz-a-Pasta • Embarcadero Center • Eppie's Restaurants • Host Marriott • I'm Expecting • Jack-In-The-Box • Java City • Long John Silver's • Raley's • Patterson Travel • Sacramento Auto Centers • Sunrise Mall • Togo's • Tower Records • Virgin Megastores • Wallpapers to Go • Wicat Educational Systems OTHER • Federal Emergency Management Agency • Stockton Chamber of Commerce • United Way California Capitol Area JD Franz Research, Inc. °/ 2003 13 ACORD , CERTIFICATE OF LIABILITY INSURANCE uJOE D,,CE 04•-2 04 eADDEceE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH OF NO CALIFORNIA INS—PBS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110308 P: ( 888 ) 474-5987 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURER INSOHEH A.Hart£ord Casualty Ins Co INSURER B: S.D FRANZ RESEARCH INC INSURER CI 550 BERCUT DRIVE STE. H NSCREA D: SACRAMENTO CA 95814 INSURE: E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE➢ NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC 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 AM CONDITIONS OF SUCE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mpOlITY POLICY EFFECTIVE POLICY EXPIRATION LIMITS OF INSURANCE POLICY NUMBER ATE O E YLITY EACH OCCURRENCE $1 00 000 L GENERAL LIABILITY 57 SBA EL9973 05/19/04 05/19/05 FINE DAMAGE [Any One IiIO$300 /1000 MS MADE � OCCUR RED EST (ANY one person) $10 V00 ness Liab PERSONAL 6 ADV INTUDY 51 000 000 GENERAL AGGREGATE P200 000 ATE LIMIT APPLIES P PRODUCTS - COMP/OP AGO 52PRO- ,IECT X LOC AUTOMOBILE LIABILITY COMBINGO SINGLE LIMIT $1' 000, 000 A ANY AUTO 57 SBA EL9973 05/19/04 05/19/05 (Ea n� Ld nt7 ALL OWNED AU703 BODILY INTORY SCHEDULED AUTOS (Pei pexeon) 5 X HIRED AUTOS BODILY IN.RIRY Pen acmde t) X NON-CAREEO AUTOS PROPERTY O—.I $ (Per a cidont) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN CA ACC $ AUTO ONLY: AGG 6 EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE fi RETENTION $ WC STA9'D- OT'H- WORHEAB COMPENSATION AID TOA IlN T ER EUILOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. HISEASE - EA EMPLOY 5 E.L. DISEASE - POLICY LI $T "HER DESCRIPTION OF OPEAATION9/L OCATION9/VEHIOLDS/EXCLNS IONS ADDED BY ENDORSEMENT/BPECLAL PROVISIONS Those usual to the Insured' s operations . CERTIFICATE HOLDER ADDITIONAL ISBN AGD; INS...R LExxcR: CANCELLATION CITY OF PALM SPRINGS OFFICE OF THE CITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL MANAGER 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON—PAYMENT) TO THE CERTIFICAT. ATTN:TROY BUTZLAFF HOLDER NAMED TO THE LEFT, PUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS Oi 3200 TAHQUITZ CANYON WAY REPRESENTATIVES. PALM SPRINGS, CA 92262 AVTHOAIZ6p AEPAGSEN TAT ACORD 25—S (7/97) 0 ACORD CORPORATION 1988 ACORD, CERTIFICATE OF LIABILITY INSURANCE UODc 04-29 R2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH OF NO CALIFORNIA INS—PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110308 P: ( 888 )474-5987 F : (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE IN.11NZD INSURER A.Hartford Casualty Ins Co INSURER B, J.D FRANZ RESEARCH INC INSURER C. 550 BERCUT DRIVE STE. H INSURER D: SACRAMENTO CA 95814 1 INSURER A COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REICUIREMENT, 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 SIC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OP INSURANCE POLICY NUMBER DAT MM YY ATE IM/DDfYYI LICIITS S..ERAL LIABILITY EACH DOTIAAENCe $1 0 0 0 0 0 0 A TC�GMMuMSBACIA1 GENERAL LIABILITY 5 7 EL9 9 73 05/19/03 05/19/04 FIRE DAMAGE (A., oAa ci=-q3 0 0 0 0 0 CLAIMS MADE X occlx MAD EXP (Aav .ae I.—S) $1 0 0 0D s fines s Ll d}7 ) /� PERSONAL s ADv xNSIAY sl 0 0 0 0 0 0 �J GENERAL AGGREGATE 52 000, 000 GURU AGGREGATE LIMIT APPLIES ED PRODUCTS - COMP/OP AGO $2, 000, 000 POLICY PRO X LOC SECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT AL 57 SBA EL9973 05/19/03 05/19/04 (Ha accident) 1, 000, 00D UTOS J EODILY INSORY UTOS �BODILYY CITURY UTOS �PoL accident $ PROPERTY DAMAGE IS.. ncc ident) GARAGE 1IAOLLIY AUTO ONLY - EA ACCIDENT b ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG 6 EXCESS LIAB6ITY EACH OCCURRENCE $ OCCUR ❑ CLAIM5 MADE AGGREGATE 6 DEDUCTIBLE RETENTION $ $ WC STATI- OTN- WOAK GIVS COMPENSATION AND O Y IT E EMPLOYGAS LIABILITY E.L. EACH ACCIDENT E.L. DISEASE - EA ENRIOY6 E.L. DISEASE - POLICY LI ST OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VGHICLOS/EXCLUSIONS ADDED BY ENDOTSCMENT/SPACIAL PROVISIONS Those usual to the Insured' s Operations . CERTIFICATE HOLDER ADDITIONAL INSURED; INSUSER LETTER, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS OFFICE OF THE CITY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL MANAGER 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICAT' ATTN:TROY BUTZLAFF HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO L OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS D 3200 TAHQUITZ CANYON WAY REPRESENTATIVES. PALM SPRINGS, CA 92262 �11{O�EPRESCN IAT��� ACORD 25—S (7/97) C ACORD CORPORATION 1988 04/30/2004 07:53 STATE COMPENSATION -> 917603238207 NO.091 P002 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPEN5A"CiN I N 5 U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-29-2004 GROUP: POLICY NUMBER: 160 4715-2 0 0 3 CERTIFICATE ID: 21 CERTIFICATE EXPIRES: 09-01-2004 09-01-2003/09-01-2004 CITY OF PALM SPRINGS 3200 TAHQUITZ CANYON WAY ;,•.I PALM SPRINGS CA 92262 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissigner 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 its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the j policies listed herein.,Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies descdbed herein is sIJbjectto'all the terms,exclusions,and conditions,of such policies. i AVTHORIZEU REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE , i ENDORSEMENT 41600 - JENNIFER 1i RANZ, PRES, SEC, TRt'S - EXCLUDED. ENDORSEMENT 41600 - WILLIAM E. BERNK, VP - EXCLUDED. i ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. i I i EMPLOYER J.D. FRANZ RESIEARCH,INC. 550 BERCUT DR STE E SACRAMENTO' CA '95314 i IG6M,NFJ SCIF IU262E A000pi[his cavf¢Yw onl tl AGE I IUa-29.2004 y you wtl AfAln[watermABmot reads'OFRGIaL STATE FUND pOCVMENT" PgCE 10P1 Memorandum DATE: May 27, 2004 TO: Trisha Sanders, City Clerk FROM: Kathie Hart, Interim Chief Deputy City Clerk RE: JD Franz Research Inc A4885 cc: File This memo is for your information and is a summary of my findings as I am processing this agreement. There are discrepancies regarding the above referenced agreement as outlined below: 1. Our department only received a copy of this Letter of Agreement dated April 28, 2004, today. The term of this letter of agreement was for services to be performed between April 28, 2004 through May 28, 2004. 2. Upon close examination of the Certificates of Insurance provided to our department, the documents appears to have been tampered with. 3. JD Franz Research Inc may be a corporation; therefore, two signatures for the corporate officers are required when entering into a legal binding agreement. 4. The Assistant City Manager is not a department head; therefore, I am not certain he has the authority to enter into a binding contract. I will stamp the agreement with the necessary annotations. Additionally, I can stamp and provide spaces for both you and Mr. Ready to sign this. It appears Troy has put the cart before the horse on this one.