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HomeMy WebLinkAbout04407 - OLINN AIRPORT SECURITY y*LM sA City of Palm Springs Office of the City Clerk yc (760) 323-8204 MEMORANDUM C.4 1 FORN\' _,_, Date: August 11, 2003 To: Airport—Janet Buck From: City Clerk AGREEMENT#4407 — O'Linn — Security Services Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: Terminated by City 01-31-03 n� STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials CLOSE AGR Oigriature PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\forms.std\agr-cl s e.mem r O'Linn. Security Services Airport Security AGREEMENT #4407 Amend 1 M07097, 6-19-02 AMENDMENT# 1 TO CONTRACT SERVICES AGREEMENT#A44C`__ ., - __ O'LINN SECURITY SERVICES, INC. FOR AIRPORT SECURITY SERVICES THIS FIRST_AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (#_A4407_herein Agreement), is made and entered into this A'`'',day of a'� ' rwsZ , 2002, by and between the City of Palm Springs (herein City or Owner), a municipal corporation, and O'linn Security Services, Inc. (herein Contractor), and amends that certain Agreement # A4407 for contract services dated October 3, 2001, as amended, between the same parties, as follows: EXHIBIT C, SCHEDULE OF COMPENSATION, is hereby amended to add the following: 1. SCHEDULE OF COMPENSATION 1. Remove sentence that states "This contract shall not exceed $80,000 without approval of the City of Palm Springs and replace with "This contract shall not exceed $150,000 without the written approval of the City of Palm Springs City Council". EXHIBIT D, SCHEDULE OF PERFORMANCE, is hereby included to add the following: 2. SCHEDULE OF PERFORMANCE 1. Add Exhibit "D" Schedule of Performance. (attached) IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date stated below. ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk Cit Manager DATED this 7`47day of , � , 2002. CityAmmey CONTRACTOR: CORPORATION far /" cratr�, Nam Title- 17-,, 10/4i y ADDRESS: J - - Ll L10 41A Z EXHIBIT "D" SCHEDULE OF PERFORMANCE Provisions in Section 3.4 are amended to read as follows: 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 (2) two years from the original agreement date of October 3, 2001 hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). #43 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Riverside On October 1, 2002 before me, Loretta H. Clements , Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared RICHARD J. O 'LINN NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name��Cs)are subscribed to the within instrument and ac- knowledged to me that(F�jshe/they executed the same in his her/their authorized capacity(�g)', and that by its/her/their LORETTA H. CLEMENTS signature on the instrument the person;,S), ,L ' Comm.q. CLEM 0 N '•-s NOTARY PUBLIC-CALIFORNIA +,1 or the entity upon behalf of which the Riverside County My Comm.Expires May Y,Y005 -� person acted, executed the instrument. WIT N SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Amendment #'1 to Contract Services ❑ INDIVIDUAL Agreement OA4407 with O'.Linn Security ❑ CORPORATE OFFICER Services, Inc. , for Airport, Security S TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 3 ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 10/1/02 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT BES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P O.Box 7184-Canoga Park,CA 91309-7184 O'Linu Executive Security . Airport Security Officer AGREEMENT #4407 M06940, 10-3-01 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of )'c 6\0LA , 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City ) and O'Linn Executive Security Service, Inc., (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience,Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services underthis 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 affectthe performance of the services hereunder, Contractorshall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 1 damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services maybe 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 Eighty Thousand Dollars, ($80,000.00) (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 City;Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 2 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 Maleure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods, epidemics,quarantine restrictions,riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)yearfrom the date hereof,except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement,the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 3 contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition,neither this Agreement nor any interest herein may be transferred,assigned,conveyed,hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting n concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability personal injury, independent contractors, broad form property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of workers 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. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 4 (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. 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 the Special Requirements. 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 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance 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 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action orproceeding filed or prosecuted against Contractor for such damages orother 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. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 5 i • 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and 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 City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 6 i fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's orthe Contractor's rightto terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder orwhich are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies 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 CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 7 for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of NONE ($ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term, This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with orwithout cause, upon thirty(30) days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as 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 forthe reasonable value of the work product actually produced hereunder. In the event of termination without cause,pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 8 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs,executors, assigns, and all persons claiming under orthrough them,thatthere shall be no discrimination against or segregation of,any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 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. 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. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 9 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. A.T-fEST7--) CITY PALM SPRINGS, r� a municiid pal corporation t y Clerk City Manager APPROVED AS TO FORM: (Check one: Individual_Partnership j �,r � +� Corporation) By. � 'k� City AttOFrfey NTRACTOR: By: Si at ( tarized) Corporations require two notarized signatures: One from each of the following' A. Chalrman of Board, President, or any Vice Richard J. 'Linn, President & CEO President:AND B. Secretary Assistant Secretary, Treasurer, Assistant Treasurer,or Chia(Financiat Officer). Print Name &Title /� By. [ 1C4eaP Q 40 2 '� 2" '� 4 gnature ( !N�ii tarized) Carolyn S. Crierson, Secretary Print Name &Title 1025 S. Palm Canyon Drive Mailing Address: Palm Snrinac- CA 99764 r y �nj a A � CITY LONG STD, SVCS. AGREEMENT REVISED 09/19/01 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ':s:�'�'�C�p:�':�5�'�?cY.'�'�,rc�'�?cS'ur,:ct•:c<'_cr:�':�`�>cX'�':�'��'��'�'�':cc'�:�':s�Y.?��;�•:�?v"Y„'�?�.�•�?�': 1 I State of California County of ss. /'110G'I1 � i�•�- I l r ? — . rF, On 9�Z.,Y'%cD( before me, lY�r�:,'ad )is6, �''�(�n ✓tr/�n,ll 1 9 y1'z Name antl Ttle of OHscr(e g,"June Doc,Nolary PW c'") personally appeared "RK( Ail O ft( I) 4 M 612'0 1 1 Neal of signer(,) personally known to me fi ❑ proved to me on the basis of satisfactory evidence I to be the persons) whose name(,) is/are � > *z"' '�a�' ''"" "' •' subscribed to the within instrument andI r RUSSEL E.56G RD ?; Commission;: 1169747 acknowledged to me that he/she/they executed z • ' NotaryPuulic-Callfornio > the same n his/her/their authorizedI Riverside county capacity(ies), and that by his/her/their I, My comm.Expires Jan 16,2002 ' signature(s) on the instrument the person(s), or — the entity upon behalf of which the person(s) acted, executed the instrument. I '1 WITNESS my hand and official seal. 1 +4,4�•. r I Place Notary Seal Above Slgnalur Notary Public I , I OPTIONAL - Though the Information below is not required by law, it may prove valuable to persons relying on the document I� and could prevent fraudulent removal and reattachment of this form to another document :( fi Description of Attached Document J h Title or Type of Document: '�i'1C:M S PR IA/�S 1'+`(<�¢�r�7 C04T( la/C�I' I Document Date: Number of Pages: 'I Signer(s) Other Than Named Above: llrt'7nle_ I if Capacity(ies) Claimed by Signer I Signer's Name: I ❑ Individual '1 ❑ Corporate Officer—Title(s). Top of thumb here ❑ Partner—❑ Limited ❑ General ❑ Attorney In Fact( ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I�r<r=G�r i;�c,G�•tigti'.�.'ct-�t�;�r c>�.'�ti'��r_=�;rt:�:�'u.��c,�ezzt:;cii`v`�:r��:�_-i>`�:�:`��.�'����`��u>�c��..-a.i 01997 National Notary Aasoclalion•9350 De Solo Ave,PC Box 2402•Cholsworth,CA 91313 2402 Plod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF WORK A. At the direction of the Interim Director of Aviation or his designee, Contractor shall provide one (1) or more unarmed, uniformed security officer(s)on 8-hour shifts on a 24-hour basis seven days per week. B. The assigned officer(s)shall monitor vehicular traffic at an assigned stationary post at Palm Springs International Airport. C. The assigned officer(s) shall visually inspect all vehicles that pass his assigned post with the intent of detecting any type of improvised explosive device (IED). The shape and size of such a device can vary and may be determined by the type of container. Usable containers include, but are not limited to, metal drums, boxes, and plastic bags. Significantly, a container is not necessary for this type of device to be fully effective. The loose explosive material can fill an empty area such as a truck or vehicle interior. D. The assigned officer(s) shall visually inspect all vehicles that pass his assigned post in accordance with the following: (1) Visually inspect vehicles, to ensure that spare tire, speaker box areas and trunks, or any of their major compartments which are large enough to contain IED material described above. (2) If the vehicle contains items which individually or in close contact with each other could contain IED material, those items must be visually inspected to ensure they do not contain explosive materials. Such items could include filled plastic garbage bags, large shipping containers or boxes, trash cans, etc. (3) Visually inspect cargo beds or other storage compartments that are hidden, covered, or otherwise obscured from view. Inspect automobile interiors hidden by heavily tinted or masked glass, and which are large enough to contain the suspect IED. (4) The inspection process need NOT include that underside of vehicles, smaller compartments, or other congested areas such as engine compartments, consoles, glove boxes, wheel wells, behind door panels, under seats, etc. (5) Items such as luggage, golf bags and suit bags normally encountered in the possession of passengers in an airport environment, need not be inspected. E. The assigned officer(s) is to observe and report only. Any suspicious object, device, situation or activity is to be immediately reported to the Airport Police via a two-way radio provided by the City. No enforcement action of any kind is to betaken by the assigned officer(s). F. Shifts may be assigned at the discretion of Contractor; however, the officer(s) assigned to t each shift may not leave their post until properly relieved. �{ Not withstanding the above, the contractor agrees that scope of work shall include any and \ all changes which may occur from time to time based on Federal Aviation Administration security directives or standard changes. Z:\Threat1V\0'L1nn\0'L1nn Contract.wpd November 9,2001 (1:49pm) -6- EXHIBIT "B" SPECIAL REQUIREMENTS Provisions for performance bond as specified in Section 5.3 are waived. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/O1 12 EXHIBIT "C" SCHEDULE OF COMPENSATION SCHEDULE OF COMPENSATION Contractor shall be paid on an hourly basis at the following rates: PER HOUR REGULAR TIME $11.50 PER HOUR PER HOUR OVERTIME This is a 24-hour contract Overtime rates do not apply. PER HOUR HOLIDAYS $17.25 PER HOUR Recognized holidays shall be Thanksgiving Day,Christmas Day, New Years Day, Independence Day, Labor Day and Memorial Day, The Contractor will submit Invoices to the Contract Officer,Allen F.Smoot,A.A.E., Interim Director of Aviation, for review and approval. The invoice will indicate the name of the security officer performing the work, the number of hours worked, the date the security officer worked, and4he s of payer{aear#er the�werk pert�i_e�r at the fo grates of pay: 6P� This contract shall not exceed$80,000 without approval of the City of Palm Springs City Council. CITY LONG STD. SVCS. AGREEMENT REVISED 09/19/01 13 Oct 22 01 09: 42a P. 2 iM STATE: FARM-INSURA OMPANIES State Farm General Insurance Cc ny /1 r // 6 7 10ENEWAL CERTIFICATE " 31303 Agoura Road y/��/L°9v`/P Westlake Village,CA 91363-0001 " POLEYNUMBE� RUSINESS-OFFICE DATE DUE,-_ PLEASE PAY TnrSA OUrrr u 92-QR-6019.3 JUN 08 2001 TO JUN 09 2002 JUN 08 2001 $517.00 � Coverages and Limits V-tBaS-F771 FU a Section I " D'LINN, RICHARD A Buildings Excluded D➢A INFINITE ME➢ICAL EXCHANGE B Business Personal Property 25,700 3025 5 PALM eAWO* DR C Loss of Income Actual Loss PALM SPRINGS CA 92264-8378 ILInuIduLLllnrhdlulndldrnlLJmlJJdnlrrll Deductibles-Sect"I Basic 500 Other deductibles may apply-refer to policy Location: 1025 S PALM CANYON DR PALM SPRINGS CA Section II L Business Liability bl,DDD,D00 M Medical Payments 5 000 Gen Aggregate (Other than PCO) 2,000:000 Products-Completed Operations 2,000,000 (PCO Aggregate) Forms,Options, and Endorsements Special Form 3 FP-6143 Glass Deductible •Section I FE-6538.1 Annual Premium $506.00 Protective Safeguard FE-5303 Bus Liability-Gov L 11.00 Business Policy Endorsement FE-6464 Amount Due $517.00 Amandatory Endoreement FE-6205 Debns Removal Endorsement FE-645I Policy Endorsement FE-6506.I Premium Reductions Your premkrm has already been reduced by the following: Prof. Devices Discount Gov.A-Inflation lndex: NIA Gov- B-Consumer Price: 175-8 See revcroc aide for important rnfonrration. ARY H (7VER O Please keep this part lar your record Agent ralanhnnn ( 188 887.1060 ) •" • "" """. Oct 22 01 09: 45a P• 1 STATE FARM INSURANCE C&PANIES AUTO RENEWA i? State Foam MutaMI Automobile Insu Company POLICY NUMBER 77 3770-012-75B , 3130a Age,ms Road Woellake Village CA 91363 SEP 12 2001 to MAR 12 2002 —VATE-OVE PLEASE PAY TNISAMmur OCT 10 2001 $425.81 O'LINN EXECUTIVE SECURITY SERVICES, INC overages and Lfmis Premiums �. 1025 S PALM CANYON DR f _ PALM SPRINGS C0. 92264-9576 } (n� -A Liability ` Bodily Injury 100,000/300,000 Property Damage 50,000 Z67 _5.3 — Il,l..nl,I..I'll II.,.Lill.In.IL11..II..In.LI,LI..l.,ll D SOO Doduotiblc Comptchcneivc tb . I I G 500 Deductible Collision 103 .56 U Uninsured Motor Vehicle Bodily Injury 30,000/60,000 26 . 21 U1 Uninsured Motor Vehicle Property Damage 2 . 74 Your premium fs Basodon the rolfowing. ..ffnot correct,contacfyour agent Amount Due z;425.81 1994 FORD ESCORT VIN OFRZP14J1 RW110809 Class OHOOCVI O Your premmum has already been adjusted l Superior Driver Rate Level(See description on back) by the following. Driven over 7,500 miles annually. (National average is 1 0 000 miles Premium Reductions annually.) Driving Safety Record 535-. 03 California Good Driver 106 .1�5 Principal driver or-spouse has at least 49 years of driving Loyalty 27. 14 experience. No unmarried driver in your household with less than 9 years of driviny experience unless rated as a principal operator or another car You may be eligible for additional discounts. insuredwrth State Farm. See the enclosed insert for more information. Mature Driver Business use, Additional Information... Driver Exciuded: ROBERT PAULSON EFF 09-12-1998 The claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for comprehensive and/or collision coverages Please see the premium adjustment message on the back of this notice for an explanation. When your payment is received,we wiltsend you an updated version of your policy. CONVENIENT PAYMENT OPTION: You may use one aL State Farrris alternate payment plans which d+vtdes your present premium into two separate payments. You may pay one half of the amount due, VZTZ.30,plus a handling charge of$2.00. The amount due on OCT 10 2001 will be$214,90, The remaining hall will be due un DEC 09 2001 We'll send you a reminder notice. We also have available a plan to let you pay your premium in monthly installments. For details on this plan and to determine if you qualify,please contact your State Farm agent. The following list of drivers is shown for informational purposes only and does not extend or expand coverage beyond that contained in this automobile policy. Our record&indicate the.persona listed below are.the only licensed drivers reported to us: ARVEI VAUGHAN JR,JOHN SPONAUGLE,AL MANNINGS, IRWIN JOSEPHSON,RICHARD OLINN It the above information is inaccurate or incomplete,please contact your agent immediately to make corrections See reverse side far important ln(orfita00n. A9en1 GARY HOOVER ,Weasekeep thispart1vey7urrecortt Telephone (818)887-1060 ill, Oct 19 01 03: 37p p 1 0 c I 19 2001 8 2 8 A M Gr�e Plof !os • Brkr . . fnc_ �(/(p �o 4149 P 14/14 ,acoHr� CERDRGATE OF LIABILITY IfUSURA/N�FE ON ID B °ATE("Mm°""` bLINN-110/19/Dl pRODUOEB THIS CER7IFICA S UED Ar$ 5 A MATTER OF Mf RMATION WIS/Granite Prof Ynourauce ONLY AND CONFERS NO MOWS UPON THE CERTIFICATE L-ieeeaMM HOC41366 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 599.4 W. Lac Poeitao Blvd. 0117 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pluasantnn CA 94508 ..__ Phene: 925-'116-7000 Fax:925-116-7805 INSURERS AFFORDING COVERAGE IN�URfO _ .. _ •..—.. INSUREFTA •Mrnt 9p2Cta2ty' insurance Corp_ INENLER9 _ ACC Fl]'e UblderwriteYG Ino. O'Liun Executive Secu4ty Inc. 1025 S. Palm Canon Dr Ave myVREwo Palm SDrings CA 92264 - • — ---- --- _ jmaVNERE COVERAGES THC VIJtµ.tl'.] IN61AA-ILr 115TEDP EL N.VCITE5NSOL111 TO YIICINEUeloNAMGonNOVE Pon TN!Poo"PPmnn I Nno'ATFn MJIY,ITMSTANOING ANY PEOTAIN,TNT NSUIM ICE AFFORDED FF Uy THY OLI MCTOROTNEUHtREIMISSUOjECTTO ALL TI NtAMST I$ U&,O SJMRQ OND11 .1U SUCH ADYTHEPOUCE$ CEDITY EDHEREIN1$SUEaFCTTO ALL TNC rCPMG,FXLlU510N$ANpCONDITIONS VY SULH PoUCIES ADGREGATE LIMOb SHOWN WAY NAVE EEFN REDUCED PY M10(,I'pIME LYw YYII IN IN9UwnNO, IOI If,Y MIIMPEw rOLjEYI•FG�ETNFSTISQCVT.�III11Ay101t " _ DATE n on,. MMIDOIYY LIWR\ EENERAL VAORIIY I"ACNOCCURRBNGE S 1,000,OOD A XI COMMERCIAL OENEML UAewTvl CT29D22D6-0 10/16/01 10116f02 IF,1ED GJFIwT�eo.�1 ]50,OD0 I C(AIME MAOC �OCCURI MEO 5,000 X ErrOSQ F Omi 663, t PERSONAL bA0V INJURY f 11000,000 _ cPNSDAL AGGREGATE s3,000,00G FO ,. GGRECAYE LIMIT 4PPLIES PER GRODUCTE COMPNP AGG 43,000,000 POVCY F�,Ci 1 ILOC _ AVTOMDDILt ItAelLlry I �W COMmNEtl$InGIE LIMIT S ,ANY AUTO f 4 IEr ALCMMi - -- II ALLOWNFI)AUTOS�yyI DODIY INJURY $ 3CNEDULCDAUTOe I (Pa yoxnl FF-- NIRFDAU103 EODu Y IN IVRY --h^^ �poN-omern numa — — IPe�,u•aem) '- IF— - — PRDpERiY W,LIOF ] - I Irer attlaeeR ♦wAoEV•HmTY I AUTOON1 EAnCClOCN1 S ANY AUTO III` DINER THAN EA ACC f 1 AVTOONLY 4AOG b EKCs56 LIAa"ITY EACH OGCURRENCF Ib POCCUN Cj CLAIMS MAOE AGGREGATE S 3 1 OfOtlC*IDL( WORNEa]COMY[NSi[ION ANQ ' ------------- IMITS FN EMPLOYE46'(14RUJI B C9277 0059 10/16/01 � 10/16/02 EL EnYDRYCN ACCIDENT 111,000,000 EL p19FlSL.FA FMPi OVpF ]].000,000 E L DISEASr.roU6T LIMN•a I.000,COD OTHER DE]CRIPTRNaOHOPE6ATIDILa4DSATIONCYCYICK51FNClVtluM1A00EaaY GNOO[I(EMiNTJDPIS1AL4110W]IDNb CortificAto Holder in included as an additional invured for General Liability and with respects to the operatioan of tnn named Anus Md. CERTIFICATE HOLDER I Y I PODNIONAL IMSUREO'M]URER LETTER:_ CANCELLATION CITYO-5 SMOULO ANY OF THE ABOVE DE6CRmED PDiTCIc6 RE CANOELLCO BEFORE THE EAMIFi+ unle rnenLtir,mxlpeulMLldvuneNv+\L eevL/.YaA TtY xul 30 w•b LMNTFu City NOTICE TB HOUDERNAMlD TO THELPST,aUY rAILURE TO RaaQ SHALL City Of Palm Seri ngR P.O. Sox 2793 IMPO66 NO 00w6ATION OIL LIANILITY OF ANY XWO UPON THE INSURER.ITS AGENTS OR Palm springs CA J22S3 PrceNT FA " AUT-OF'RI TanV Zz � ', ACORD 25S ID97) ®ACORD CORPORATION1991 y A ORD,„ CERTIFICA1 WOOF LIABILITY INSUR. MC , OPID $ DATE(MMIDDIYY) INN-1 02/24/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LTVIS/Granite Prof Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC41366 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5994 W. Las Positas Blvd. #117 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton CA 94588 Phone: 925-416-7800 Fax:925-416-7805 INSURERS AFFORDING COVERAGE INSURED INSURER A' First Specialty Insurance Corp INSURER Westport Insurance Corp. O'Linn Executive Security Inc. INSURERC: 1025 S. Palm Can on Drive yy INSURER D' Palm Springs CA 92264 --- INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN$Rf T POLICY EFFECTIVE PpATEYMM%�OAYY N LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1, 000,000 A X COMMERCIAL GENER— on $AL LIABILITY C12902206-1 10/16/02 10/16/03 FIRE DAMAGE e fire) 50,000 CLAIMS MADE XI OCCUR MED EXP(Any one person) $ 51000 X Errors _& Omission PERSONAL&ADV INJURY $ 1, 000,000 GENERAL AGGREGATE $ 3 r 000,00D GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 3, 0 0 0,0 0 0 -- POLICY -] PRO I LOG - --- - - - - -- AUTOMOBILE LIABILITY CO MBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS _ BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY - NON-OWNED AUTOS (Peraccidenl) - $ PROPERTY DAMAGE $ (Per accldenQ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I $ ANY AUTO OTHER THAN EA ACC $ - AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE 1 $ OCCUR F CLAIMS MADE AGGREGATE_ $ - i $ DEDUCTIBLE $ — RETENTION $ $ WORKERS COMPENSATION AND X TORV LIMITS _ ER B EMPLOYERS'LIABILITY WCZ0001429 10/16/02I 10/16/03 EL EACH ACCIDENT $ 1,000,000 - EL.DISEASE-EA EMPLOYEE $ 1,000,000 EL DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERA710NSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder named additional insured per attached endorsement. CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYO-l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Of Palm Springs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 REPRESENTATIVES. AU ftEPRE NTATIV I ACORD 25-S(7197) CORD CORPORATION 1988