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���✓ CONTRACT SERVICES AGREEMENT FOR
(� CONSULTING SERVICES FINALIZATION OF HOUSING EEME LNT_
AND ASSOCIATED ENVIRONMENTAL DOCUMENTATION
T ONT CT SERVICES AGREEMENT(herein"Agreement'), is made and entered
intothis�aypi �2002,byandbetweenTHECOMMUNITYREDEVELOPMENT
AGENCY OF THE OF PALM SPRINGS,a municipal corporation, (herein"Agency") and The
Planning Center(herein "Contractor'). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR ✓'
1A 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" la/
attached hereto as Exhibit"A"and incorporated herein by this reference, which services may be d
referred to herein as the"services"or"work"hereunder. As a material inducement to the Agency /
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of 9 w�w✓
first class work and services and Contractor is experienced in performing the work and services nl
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.
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1.2 Contractor's Proposal. The Scope of Services 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
i accordance with all ordinances,resolutions,statutes,rules,and regulations of the Agency 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. Contractorshall 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 Agency against any
such fees, assessments, taxes penalties or interest levied, assessed or imposed against Agency
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.
It the services involve work upon any site, Contractor warrants that Contractor has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,Contractor shall
immediately inform the Agency 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,
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• Planning Center
Housing Element Consulting
AGREEMENT #453C
R1193, 9-18-02
CONTRACT SERVICES AGREEMENT FOR
CONSULTING SERVICES FINALIZATION OF HOUSING ELEMENT
AND ASSOCIATED ENVIRONMENTAL DOCUMENTATION
T ONT CT SERVICES AGREEMENT (herein "Agreement") is made and entered
intothisay: 2002,by and between THE COMMUNITY REDEVELOPMENT
AGENCY OF THE OF PALM SPRINGS, a municipal corporation, (herein"Agency") and The
Planning Center (herein "Contractor"). 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 Agency
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.
1.2 Contractor's Proposal. The Scope of Services 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 Agency 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 Agency against any
such fees, assessments, taxes penalties or interest levied, assessed or imposed against Agency
hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the Agency 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,
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and shall be responsible for all such damages, to persons or property, until acceptance of the work
by Agency, except such losses or damages as may be caused by Agency'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. Agency 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 five percent (5%) or less of the Contract Sum,
or in the time to perform of one hundred eighty(180)days or less may be approved by the Contract
Officer. Any greater increases, taken either separately or cumulatively must be approved by the
Agency Board. It is expressly understood by Contractor that the provisions of this Section shall not
apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.
Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant
to the Scope of Services may be more costly or time consuming than Contractor anticipates and
that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of FOURTEEN THOUSAND SIX HUNDRED AND SEVENTY-SEVEN DOLLARS
($14.677.00) (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 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 Agency; Contractor shall not be entitled to any additional compensation for attending said
meetings.
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first (1st) working day of such month, Contractor shall submit to the Agency in the
form approved by the Agency's Director of Finance, an invoice for services rendered prior to the
date of the invoice. Except as provided in Section 7.3, Agency shall pay Contractor for all
expenses stated thereon which are approved by Agency pursuant to this Agreement no later than
the last working day of the month.
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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 Agency, 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 Agency 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.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Melani Smith, Director of Governmental Services
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for Agency 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 Agency.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the Agency Manager of Agency. 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 Agency to the Contract Officer.
Unless otherwise specified herein, any approval of Agency required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all documents
on behalf of the Agency required hereunder to carry out the terms of this Agreement.
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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 Agency 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 Agency. 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
Agency. 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 Agency.
The Agency's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the Agency 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 Agency to consent to a subcontract with a person or entity that is not a Local
Subcontractor,the Contractor shall submit evidence to the Agency 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 Agency 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 Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. Agency 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 Agency and shall remain
at all times as to Agency a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall not at anytime or in any manner represent that it or any
of its agents or employees are agents or employees of Agency. Agency 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 Agency, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or
less, the policy of insurance shall be written in an amount not less than either(i) a combined single
limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per
occurrence and $500,000.00 products and completed operations and property damage limits of
$100,000.00 per occurrence and$100,000.00 in the aggregate. If the Contract Sum is greater than
$25,000.00 but less than or equal to$100,000.00,the policy of insurance shall be in an amount not
less than either (i) a combined single limit of$1,000,000.00 for bodily injury, death and property
damage or (ii) bodily injury limits of$600,000.00 per person, $1,000,000.00 per occurrence and
$1,000,000.00 products and completed operations and property damage limits of$500,000.00 per
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occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00,
the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit.
(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 shall
indemnify, insure and provide legal defense for both the Contractor and the Agency against any
loss, claim or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Contractor in the course of carrying out the work or
services contemplated in this Agreement.
(c) Automotive insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage
liability limits of$100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined
single limit liability of $500,000.00. 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, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the Agency,
its officers, employees and agents as additional insureds. The insurer shall waive all rights of
subrogation and contribution it may have against the Agency, its officers, employees and agents
and their respective insurers. All of said policies of insurance shall provide that said insurance may
not be amended or cancelled without providing thirty (30) days prior written notice by registered
mail to the Agency. In the event any of said policies of insurance are cancelled, 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 Agencywith Certificates of Insurance orappropriate insurance
binders evidencing the above insurance coverages and said Certificates of Insurance or binders
are approved by the Agency.
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or persons 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 policies of insurance that the Contractor is required to
maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the Agency, 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 Agency, its officers, agents or employees but excluding such claims or liabilities arising
from the sole negligence or willful misconduct of the Agency, its officers,agents or employees,who
are directly responsible to the Agency, and in connection therewith:
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(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 Agency, 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 Agency,its officers,agents,and employees
harmless therefrom;
(c) In the event the Agency, 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 Agency, its officers,
agents or employees, any and all costs and expenses incurred by the Agency, 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 Agency a performance bond in the sum of the amount of this Agreement,
in the form provided by the Agency Assistant Secretary,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 California,
rated "A"or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, and only if they are of a financial category Class VII or better, unless such
requirements are waived by the Risk Manager of the City of Palm Springs due to unique
circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work
or services to be performed under this Agreement creates an increased or decreased risk of loss
to the Agency, 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 Risk Manager; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the Risk Manager to the Agency Board within 10 days of
receipt of notice from the Risk Manager.
6.0 RECORDS AND REPORTS
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 Agency 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
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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 Agency, 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 Agency 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 Agency and shall be delivered to
Agency upon request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim for further employment or additional compensation as a result of the
exercise by Agency 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 Agency's sole risk and without liability
to Contractor, and the Agency 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 Agency of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages
resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notifythe 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 maybe 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 Agency'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 Agency 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 Agency
for any losses, costs, liabilities, or damages suffered by Agency, and (ii) all amounts for which
Agency 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,Agency may withhold from any payment
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due, without liability for interest because of such withholding, an amount sufficient to cover such
claim. The failure of Agency to exercise such right to deduct or to withhold shall not, however,
affect the obligations of the Contractor to insure, indemnify, and protect Agency as elsewhere
provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the Agency the sum of zero dollars ($ -0-) 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 Agency 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 fortermination
for cause. The Agency reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty (30) days written notice to Contractor, except that where termination is due to
the fault of the Contractor, the period of notice may be such shorter time as may be determined
by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement
at any time upon, with or without cause, upon sixty (60) days written notice to Agency, except that
where termination is due to the fault of the Agency, the period of notice may be such shorter time
as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as 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 such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall
be entitled to compensation only for the reasonable value of the work product actually produced
hereunder. In the event of termination without cause pursuant to this Section,the terminating party
need not provide 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,Agency 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 Agency
8
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments
to the Contractor for the purpose of setoff or partial payment of the amounts owed the Agency 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
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 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Agency Officers and Employees. No officer or employee of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event
of any default or breach by the Agency orfor any amountwhich 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 Agency 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 gi.a 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
Agency, to the Redevelopment Director and to the attention of the Contract Officer, Community
Redevelopment Agency of the City of Palm Springs, P.O. Box 2743, Palm Springs, California
92263-2743, and in the case of the Contractor, to the person at the address designated on the
execution page of this Agreement. Either party may change its address by notifying the other party
of the change of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two(72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
9.3 Integration:Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
9
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.
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.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
ATTEST: THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS a municipal
o poration�^
t� B ad+ Awe a �
y Assistant ecretary y 'Chairman
CONTRACTOR:
By: -
Nam Melani Smith
Title: Director of Governmental Services
The Planning Center
Address: 1580 Metro Drive
Costa Mesa, CA 92626-1427
DY 't'NJE '"' 'NO%ii ULmt"lll'
10
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide the Agency professional consulting services with respect to the finalization
of the Housing Element Update and associated environmental documentation. Such services may
include, but shall not be limited to:
SCOPE OF WORK
TASK 1 Analysis current land inventory data which includes remaining zoning data for
Project Analysis of approximately 109 vacant parcels (13,474 AC) of privately owned lands (81
Vacant Land parcels-12,028 AC)and Indian owned lands(28 parcels-1,446 AC).All parcels
Inventory have associated APN's.
Deliverables Draft and Final Vacant Land Inventory
TASK 2 Completion of previous edits,exclusive of land inventory,delivered by the City to
Completion of produce a revised draft Housing Element.
City Edits
Deliverables Revised Draft Housing Element(includes vacant land inventory).
TASK 3 Public review of revised draft Housing Element consisting of:
Public Review -Two(2j study sessions (1 Planning Commission and 1 City Council); and
Process -Two(2)public hearings(1 Planning Commission and 1 City Council Hearing)
for public input.
Deliverables 2 Study Sessions and 2 Public Hearings
TASK 4 Submission of draft Housing Element to the California Department of Housing
HCD Submission, &Community Development(HCD). Preparation of Response to Comments
Review& and Submittal of Final Draft Housing Element.
Certification
Deliverables Response to HCD Comments and Submit Final Draft Housing Element.
TASK 5 Completion of Initial Study/Environmental Assessment for Housing Element.
Environmental Submittal of IS/EA to State Clearinghouse and other agencies/organizations
Review identified by the City.
Deliverables 15 Bound Copies (State Clearinghouse) and 1 Reproducible Copy.
TASK 6 Ongoing managementof projecttasks and deliverables,including communication
Project with City Staff and HCD.
Administration
Deliverables None
11
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.3, Performance Bond, is hereby waived.
EXHIBIT "B"
TO CONTRACT SERVICES AGREEMENT
12
EXHIBIT "C"
SCHEDULE OF COMPENSATION
The Planning Center will undertake the activities for a fee not to exceed $14,677.00 and would
charge for the services rendered under this work program on a time and material basis.
BILLING RATE. $125 $100 $70 $70
Task Description JD MS CD LH TOTAL HOURS TOTAL BUDGET
EdGE arITlES'FROJEC=.,
•"WX aFE: a6`fw'.v'?3kr+kr ...ax[W'%u.wfuA�iY;r.i+nK _ A.i,zW:✓xi v z-fRY+...
1 Analysis of Current Land Inventory 30 30 $2,100
2 Completion of City Edits, exclusive of Task 1 5 5 $350
3 Public Review(2 SS,2 Pub Hearings) 37 37 74 $7,215
4 HCD Review 6 17 23 $1,940
5• Environmental Review 10 10 $706
6 Project Administration 5 10 15 $1,200
Totals 43 5 99 10 157 $13,505
TOTAL HOURS 43 5 99 10 157 N/A
BILLING RATES $125 $10 $70 $70 N/A N/A
PERCENTAGE OF PARTICIPATION 28% 3% 63% 6% 100% N/A
LABOR TOTAL$5,375$500$6,930$700 N/A $13,505
REIMBURSABLES $1,172
$14,677
D=John Douglas MS=Melani Smith CD=Colin Drukker LH=Laurie Hager
All of the Contractor's out of pocket expenses/reimbursable expenses for travel and reproduction
charges are charged to the Agency at Contractor's cost.
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
13
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Contractor shall be given a Notice to Proceed by the Community & Economic Development
Director immediately upon authorization to proceed and signature of a contract.
TASKS START- COMPLETION
TASK 1—LAND INVENTORY
1.1 nalysis and Completion of Current Land Inventory September-October,2002
TASK 2—EDITS
2.2 Completion of edits,exclusive of Task 1 - September-October,2002
TASK 3—PUBLIC REVIEW
3.1[loint PC/City Council Workshop(1) October 2002
3.2 jPublic Hearings(PC&CC;Up to 3 total) January-February 2003
TASK 4—HCD REVIEW&CERTIFICATION
4.1 raft Submittal—60 DAYS(90 if Adopted) November-December 2002
4.2 esponse To HCD Comments January 2003
4.3 nformal Submission to HCD January-February 2003
4.4 7inal Draft Submittal—60 DAYS(90 if Adopted) February-May 2003
TASK 5-ENVIRONMENTAL REVIEW
5.1 repare Initial Study/Mitigated Neg.Dec. January 2003
TASK 6-PROJECT MANAGEMENT
6.1 roject Management September 2002-May 2003
EXHIBIT "D"
TO CONTRACT SERVICES AGREEMENT
14
OCT-23-2002 13:41 THE PLANNING CENTER 714 708 8467 P.02
�. CERTIFICA90111�M OF LIABILITY IN$UF&10E UATIHMM
IDIM02WTT'
PRODUCER THIS CERTIPICATB IS ISSUED AS A MATTER OF INFORMATION
John Burnham Insurance Svca. ONLY AND CONFERS NO RIGHTS UPON THB CgFMPICATE
241E Csmpua Drive, Suits 200 HOLDER. TINS CERTIFICATE D092 NOT AMEND, EXTEND OR
ALTER THE OOVFRAJ= APPORDED BY THE POLICIES AITLOW,
Irvine,CA 92612
9A9 333.2462 INSURERS AFFORDING COVERACE
INSURED - —�.-.. INSURERAC Ass4ranc4 Company of Amence
Planning Center Inc NSURER U! Con a a ntel Insurance Company . -- ..... .
1580 Metro Drive INSURER 01
Costa Mesa,CA 92620 INSURER D: —
NAURBRE: _' , ••'
COVERAGES
THI POUCIES OF INSURANCE LISTED BELOW HAVE OPEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PdLICYPERIODINDICATED. NOTWITHSiTANOING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH AESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE6 DESORIBED HEREIN IS SU&IECTi TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES_. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED MY PAID CLAIMS.
L V TMPE OF WEURAN06 POLICY NUMBER PO4CYEPP¢CTIYE -•-•- LIMA _• ���•_
A GENERALUAaIUTY PPS35165530 OT/01102 0, /01103 EAGIOCOURRENOG 91,0M999
OOMMEM0W-6ENERrLLIABILI`TY Fii1GpAMAGG(MymASN SIX 0000
CLAIMS MADE OCCUR LIDOM(P An Prr mI_ 110,000 ,. ...
_ PERSONAL 6 AOV INJURY $1.000.000
_ GENIRLL AOOREOATG 82,000,000
GEWL AG.OREGAYE LIMIY APPLIESPER; PRODUCTS-COMPATP A% 12000000
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OCCUR CI CLAIMS MADE AwAe(ATE -•• ••• S
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eblllty 3 YR TAIL AVAILAB 1,000,000 Ann Aggro
DES A"ON OF OPT:RATIONW=ATIONSNENICL6SWCLUSIONS ADDED BY ENOMMIMENTISPECUIL PROVISI
Certificate Holder is named Additional Insured per Attached CG2010(101s3)
The Certificats Hostler, its Orllc6m,employees and agents are to be Included as ddMonal Insured.
CCtrrIFICATE HOLDER 0A)VM ALNSURED•NSURERLETTER: ,-_ O T_
SHMM ANYOFTH ABDVEDESMILD POIJIMEIBECAnCELLED BER WYNE OIVIRAilO11
City of Palm Springs DATE YHEREOR TI{E RSMO INSURER WILL ENONAVOR TOMAIL3O--DATSTVNREN
Community Redevelopment Agency NOTICETOTHE CE ATE HOLDERNAMED 110WO NI•Y,BUTPNWRe 70DQSOSHA.L
3200 Tahqui z Canyon Way IMPEDE NOODLIO4TICN OR wwwrYOPANYIUNP VPOk THE Mauaea,na Aaawton
Palm Springs, CA 92262
A MCIO MPe eINYATIYI
AOORD 21F9(7AMj Of 2 #1M1323 TLF 0 ACORD CORPORATION lees
OCT-23-2002 13:42 THE PLANNING CENTER 714 708 8467 P.05
An=L CERTIFICO'E OF LIABILITY INSUFSVGE loizzloz"'
PRODUCER Ti6S CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
John Burnham Insurance Svcs, ONLY AND CONFERS NO RIGHTS UPON THE CSRTIF1GiTE
HOLD2415 Campus Drive,Suite 200 ALTER THE O�FE APPPORDED NOT
Y THE POLO�CIES W.
Irvine,CA 92612 =
III 833-2AG2 INSURERS AFFORDINO COVERAGE
maoildo ` " [NE Un A Preforrad Employers Insurance
Planning Center Inc INIURM E:
1580 Metro Drive
Costa Mean,CA 92626 INBUn[RDI ••� _•• -•._.
INSURER is
COVERAGES I '„
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTYATHSTANDIN3 ;
ANY REDl1IREMENT, TEAM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 YMICH THIS OERTIROATE MAY BE ISSU6O OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS,mmuaION8 AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
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CERTIFICATE HOLDER AvomauLN91RE0•
IMWUTARYOFIye NOVE DEICIQBEO KXXIE8NE CMCELL.EO RPM THSWMTWN
City Of Palm Springs GATE YHOMOF,THE Q6UNe INIUIIG WQ QNOIAVOR MMAIL30_DAVOWprTIIL
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3200 Tahquhz Canyon Way IMPORKNOOBLIGAI ON ORLJAPIirrY OFANYKIIV VFON TMW INSVR@".1Ya AILINTeOR
Palm Springs,CA 92262 RIPRUWATIVEs,
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OCT-23-2002 13:42 LHE PLANNING CENTER • 714 706 8467 P.03
i
IMPORTANT
I
It the certificate Iwlder is an ADDITIONAL INSURED,the ppllcy(i s)must be endorsed, A statement
on We Certificate does not confer rights to the certificate holder in lieu of suoh endoreement(a).
If SUAROOATION IS WAIVED, subject to the terms and conditionG of the policy,earth polloles may
require an endorsement. A statement on this oertlfloato does not confer rights to the certificate
holder in lieu of such endorsement(*).
DISCLAIMER
The Certificate of Insurance on the revoree aide of th(a Torn does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage i ifforded by the policies listed thereon.
,
I
A00RD258(7N7)2 of 2 #M1323
OCT-23-2002 13:42 THE PLANNING CENTER • 714 708 8467 P.04
POLICYNUMBER: PPS35165530 COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS',, LESSEES or
CONTRACTORS FORM S
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Palm Springs
Community Redevelopment Agency
3200 Tahquitz Canyon Tway
Palm Springs, CA 92262
i
(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 11) is amended to include as an insur the person or organization
shown in the Schedule, but only with respect to liability arising out of our ongoing operations
performed for that insured.
The Certificate Holder, its officers, employees and agents are to be
included as additional insured.
i
I
i
CG201010ea