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HomeMy WebLinkAbout04172 - XCI AIRPORT AUTO VEHICLE ID SYSTEM MO6404 DL*Z p 2001-431270 P� AUG 20 2001 09/05/2001 08:00R Fee:NC RCCf_ Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk R Recorder 1111111111-1111 IIIIII1111111111111 Return To: M S U PAGE SIZE DA PCOR NOCOR MF MISS City Clerk p City of Palm Springs i P.O. Box 2743 / Palm Springs, CA 92263-2743 -- - - --- -- - - - - - - A _-_R _-L_ - COPY LONG REFUND NCHG EXAM NOTICE OF COMPLETION F w,, NOTICE IS HEREBY given that 1. The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to the laws Kilo of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E Tahquitz Canyon Way, Palm Springs, California(P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the Palm Springs International Airport,Automatic Vehicle Identification Project. 5. The name of the contractor(if named) for such work of improvement was: X('.I, Inc 6. The public work improvement, which was completed in the City of Palm Springs, County of Riverside, State of - California, is described as follows: Installation of Automatic Vehicle Identification System at Palm Springs International Airport -- —— ---- - - 7. The property address or location of said property is: 3400 E Tahquitz Canyon Way, Palm Springs, CA 92262 8 City Project No: 99-07 Agreement No: 4172 Minute Order No: 6404 DATED: August 17, 2001 CITY P LM SPR GS REVIEWED BY:^ By: I ec Aviation PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice, that she makes this verification on behalf of said corporati t she has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts s ted there are true a said ity Clerk, she makes this verification on behalf of said municipal corporation. City Clerk Index No. XCI, Inc. Airport Auto Vehicle ID Sys ✓`i` ;`I 7 L ` 11; AGREEMENT#4172 �,Yo P(C)F PAp,.Nt SNFIN(C` M06404, 5-5-99 P11,Ul Mi6°Ad' 70, 5!,Ua a' CITY OF PALM SPPINGS -- -- -- CONTRACT SERVICES AGREEMENT FOR Pahn Springs International Airport - Automatic Vehicle Identification System (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 22 day of October 1999, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and XCI, Inc. (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of$219,763 Dollars ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Mr. Keith L. Cocita is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Mr. Bill Weaver is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified P52UM099999-3000\2022693 2 m08/22/95 Revised 09/01/98 —1— herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Aeainst;Subcontracting or Assienment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMVINIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire tern 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 in an amount not less than either (i) a combined single limit of$1,000,OD0.00 or (ii) bodily injury limits of$500,000.00 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 occurrence. If the Contract Sum is greater than $500,000.00, 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 City 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$500,000.00 per person and$1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and$500,000.00 in the aggregate or (ii) combined single limit liability of$1,000,000.00. 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 Scope of Services, Exhibit "A". All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an F52\276\099999-3000\2022693.2 m08/22/95 Revised 09/01/98 -2- additional insured for the Worker's Compensation Insurance nor the Professional Liability 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. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance 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 due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (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 or services 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, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until completion as noted in Exhibit "B" 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no F52\276\099999-3000\2022693 2 m08/22/95 Revised 09/01/98 -3- discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which imay become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terns of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. F52\276\099999-3000\2022693.2 11108/22195 Revised 09/01/98 -4- 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (h) 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. a municipa corporation By: City Manager ATTEST: % '11L) (Check one: _Individual_Partnership p L/ Corporation) 2�4 City Clerk CONTRACTO , f APPROVED AS TO FORM: By: Z Signature (Notarized) Keith Cocita — General Manager Print Name &_Titl€ — City/ ttorney Y Sig ture-'(Notaa(ized) Wendy Ladek — Sales MarrtLger Print Name & Title Mailing Address: XCI, Incorporated 6541 Via Del Oro Suite Al (Corporations require two signatures: One from each of the San Jose, CA 95119 (END OF Following: A. Chairman of Board, President, any Vice SIGNATURES) President: AND B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial Officer). r 'C CITY OF PALM SPRINGS, �— FS2\276\099999-3000\2022693.2 m08/22/95 Revised 09/01/98 -5- EXHIBIT "A" SCOPE OF SERVICES FOR PROVISPON OF AUTOMATED VEHICLE IDENTIFICATION SYSTEM AT TTHE PALM SPRINGS INTERNATIONAL AIRPORT SCOPE OF WORK: XCI, Inc. shall provide all necessary labor, equipment,materials, supplies, service and supervision necessary to provide an automated vehicle identification system at the Palm Springs International Airport. The system shall operate in accordance with all specifications outlined in the RFP 04-99. XCI RESPONSIBILITIES: XCI shall be responsible for the following: 1. Provide and install all readers and transponders associated with the AVI system. 2. Provide the City with cut sheet drawings of all conduit and associated wiring associated with the system once project is complete. 3. Provide all operator and administration manuals regarding system. 4. Provide electrical service to readers and transponders so that they function flawlessly in an airport electro-magnetic environment. In addition XCI will provide and install an electronic sign on the outside of the building and install a monitor inside of the building that will continually display the queue for the first fifteen cabs, and provide drivers with their place in line. 5. The system will be configured so that a vehicle that departs the airport and returns within 30 minutes or less will be queued at a higher position in the sequence. This system configuration should be user defined and changeable at the discretion of the Airport. 6. If a vehicle leaves the queuing area out of sequence and enters the airport loop road, the system must be able to allow access and charge a different price for access (for the next five minutes) than if the vehicle remains in sequence. 7. Provide for real time tracking of all activity related system. 8. Ensure reader and associated computer are able to perform the following functions;identify the vehicle or bus by nrunber and company; system must verify the status of all licenses, insurance and payment of appropriate fees. If the vehicle is authorized to pick up at the airport, and other conditions are meet,the system must allow access. 9. When a vehicle departs the staging area, the system must remove that vehicle from the holding area list and notify the starter that it is on the way. 10. Provide a hand-held or similar device so the taxi starter has the ability to summon additional vehicles to meet the public demand or special circumstances; i.e. handicapped, animal req. 11. The system should have an internal tracking system suitable for billing. Vehicles that have come from the remote facility shall be charged a taxi fee while others are billed their specific rate as a charter party carrier. EXHIBIT "A" SCOPE OF SERVICES 12. The system must allow for a variety of reports including administrative, statistical, and billing reports as outlined in XCI's response to RFP 04-99, including but not limited to: A. Automated account billing of per-trip fees for taxies and access fees for each type/size of commercial vehicle based on input related to vehicle class B. Statistical analysis of trip and invoice histories C. Insurance information D. Drivers license expiration information E. Vehicle age information; F. Customized invoice printing 13. Provide training two days of training for City of Palm Springs staff on the specifies of system operation and configuration. 14. XCI will provide all equipment acquisition,equipment installation(including but not limited to computers, signage, readers, wire pulls and all other necessary devices). 15. XCI shall provide for the airport the initial 1000 Vehicle Transponders 16. Provide and install all communications using appropriate cabling. This will include the communication runs from the taxi lounge, parking lot signage, taxi staging area, curbside stand and all reader sites. 17. Procure, install, seal and verify functionality of entry and exit loops at all gate locations. CITY OF PALM SPRINGS RESPONSIBILITIES: The City of Palm Springs shall be responsible for the following: 1. Separate power and signal conduits (with pull ropes) shall be run from the taxi lounge, proposed signage location in the taxi staging area,reader sites and curbside taxi stand,to the MIS computer room where the file server will reside. 2. All power shall be run to each of the necessary sites and shall be ready for termination with appropriate breaker assignment, so that XCI can turn power on as each point is installed. 3. The airport shall also be responsible for cutting concrete and/or asphalt to install entry and exit loops at all gate locations. 4. A selection of 25 vehicles will need to be made at the time of system qualification testing. Airport will notify the appropriate tenants to be available at the appropriate time to have windshield transponders installed. The airport will also select personnel to be available for training on windshield transponder. 5. Airport will furnish all Reader Poles and gate arm and associated concrete work. In addition the airport will furnish all concrete work for outside sign based on cut sheets provided by XCI XCI shall demonstrate the system in a real time environment with 100% accuracy SYSTEM MAINTENANCE: XCI will provide cost-free maintenance on the system for a period of(1) year from the date of acceptance from the City. After this(1)year period and at the discretion of the City-a maintenance contract may be initialized based on the Proposal Response from XCI Inc. to RFP 04-99. SCHEDULE OF PERFORMANCE: 1. Mobilization (to begin purchasing the hardware required of the system) is to commence October 1, 1999 or upon receipt of initial (mobilization)payment. 2. Delivery of Beta software, readers, powering up and verifying system - to be completed no later than February 1, 2000. 3. Delivery of software, server, signage and balance of system components - to be completed no later than March 1, 2000. 4. Substantial Completion(all equipment installed and naming) -no later than March 15, 2000. 5. Completion (system ready for acceptance by the City) - to be no later than April 1, 2000. EXHIBIT `B" PANMENT SCHEDULE Amount Milestone Estimated Date: $54,940.75 (25% of total Mobilization - to begin October 1, 1999 cost) purchasing the hardware required of the system $54,940.75 (25% of total Completion of delivery of February 1, 2000 cost) Beta software, readers, powering up and verifying system $ 43,952.60 (20% of total Completion of delivery of March 1, 2000 cost) software, server, signage and balance of system components $ 43,952.60 (20% of total When all equipment is March 15, 2000 cost) instalied and running (substantial completion) $ 21,976.30 (10% of total After system acceptance by April 1, 2000 cost) the City . . ooc0000 000 0 o non oo vv onvn ov o tltle oaovo 00 _vee ovaoo � ®ease oaaao mvet nv oe nv ampon g El ov© vveo Deaoteeeooacm XCI anIOm is ldenIificaIion 6541 Via Del Oro,Suite Al San Jose,CA 95119 Phone(408)281-6612 Fax(408)281-6619 October 21" 1999 Palm Springs International Airport 3400 E.Tahquitz Canyon Way Palm Springs, CA 92262 ATTN: Mr. Bill Weaver Dear Bill, To follow,please fund the amendment to the RFP 04-99 Contract for the new AVI system to be installed at the Palm Springs International Airport. This amendment follows the conversation we had on October 19" 1999 and is being added per the verbal acknowledgment between XCI Incorporated and the Procurement Department of the City of Pain Springs. AMTNDMENT"A" This statement is to amend the line item listed under "Exhibit A: Scope of Services", subsection "City of Palm Springs Responsibilities". "XCI shall demonstrate the system in a real time environment with 100% accuracy." shall be changed to "XCI shall demonstrate the system in a real time environment with 99.5% accuracy." XCI Incorporated:, City of Palm Spring: � XCI lnnprlfornfoJ n0�orize1112uprEs'entafive �ty nt PnLo 'pangs n4 mnzN Raprosontnlivo Print Name I'rintNmne —7 Date r / Date APPROVED BY THE CITY COUNCH BY-,m No. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (`r.�:;,i%`,—t;C,y-�-",c'C,cTtn.-�r:^..—ir(..C(%M.�:c.���',C:^MCaY�C'�,'o.v^�C:'CF; C:CC�,"�1`.;�-,^,c:C.c(..C;�^��X'2�'.`;C,G�;'.M,r`('r,--Y�•�;;.^y�ti' State of California ss. County of Sri,o`L12, C;A0/K'n- fi On before me, dZ/8 &A't "Jane Dale Name antl III..[Officer(e g "Jane r]oa,e,Notary Pubhc� )I personally appeared i Aw,-rwU7 Name(a)of signers) V �� 6 ❑ personally known to me 3 roved to me on the basis of satisfactory evidence <fi to be the perso s) whose na a)) isQ 3 fi subscribed to the within instrument and acknowledged to me that he/she/executed the same in his/her fe authorized q. CYNMIADURIO capacity(i s _ and that by his/herA elr i Commission,f 1213636 signature �jp_the instrument the persoor ' a ' NotaryPublic-California the entity upon behalf of which the pers-n(s Santa Clara County nnyoxnm r,Pireshbra731[xi acted, executed the instrument. WITNESS myy/hand and official seal. Place Notary Seal Above /.a Signature of Notary Public � — OPTIONAL i� Though the information below Is not required by law, it may prove valuable to persons relying on the document s and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document i Title or Type of Document: ,t AtYb lrr (4- ,Cj 0-V V d? el'i Document Date: N�A,2�.�' �` Number of Pages: I, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - ❑ Individual Top of thumb here u� Cl Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General i' ❑ Attorney in Fact ),I � ❑ Trustee ❑ Guardian or Conservator ❑ Other: Lner Is Representing: 1907 Narovel Notary Assooabor•9350 De seta Ave,PO Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-875-M ., .... ..: DATE(MMIDDIYY) i ACORD PERTIFIC QF LIABILITY: INSU NEE 01/14/2000 PRODucER (650)934-0300 FAX (650)934-0495 Fhoits Insurance ONLY R.THISND CONFERS NORIGHTS DOESUPON ATHE ND,EXTCATE END HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR CA License # 0243213 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 444 Castro Street. Suite 200 COMPANIES AFFORDING COVERAGE Mountain View, CA 94041-2017 COMPANY Fireman's Fund Ins. Co.' #218 Attn: Betty Klimt Ext: 631 A INSURED COMPANY Zenith saran ce Company',' Mission West Properties �``� B Berg & Berg Enterprise ;�XC 10050 Band]ey Drive COMPANY Cupertino, CA 95014 COMPANY j THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION: LIMITS TR DATE(MM/DDIYY) - DATE(MM/DD/Yl') - GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY . PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE : X 'OCCUR . PERSONAL&ADV INJURY S A ' ' '.""". DXX80750245 01/01/2000 01/01/2001 "-"' _ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE(Any one fire) $ 100,000 ' MED EXP(Any one person) S 5,000 AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS : (Perperson) $ A - DXX80750245 01/01/2000 01/01/2001 X HIRED AUTOS - BODILY INJURY X NON-OWNED AUTOS : .(Per accident) $ ........I.......... . . .. . . : - PROPERTY DAMAGE S GARAGE LIABILITY - :AUTO ONLY-EA ACCIDENT S ANY AUTO 'OTHER THAN AUTO ONLY: EACHACCIDENT S . . . . .................... . .. AGGREGATE. ..S....................... EXCESS LIABILITY - EACH OCCURRENCE $ 20,000,000 . . ...... . . . . A X UMBRELLAFORM XYZ68239649 01/01/2000 01/01/2001 ;AGGREGATE $ 20,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND - - - - - - X- TORY LiIWTS:- ER EMPLOYERS'LIABILITY - B Z0420605-04 04/01/1999 04/01/2000 ' EL EACH ACC $ 1,000,000 THE PROPRIETOR/ X POLICY . INCL - EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE - -OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS vidence of Insurance 'GEItTIFtCATEHOLDER.' : CANCELLAT.ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Palm Springs 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerk Office Attn: Patricia Sanders BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P 0 Box 2743 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263-2743 AUTHORIZED REPRESENTATIVE _ Betty Klimt/TIS678 ACORD, CERTIFICAVE OF LIABILITY INSUF#NCE DATE(MMmOm) 04/10/2002 PRODUCER (650)934-0300 FAX (650)934-0495 Thoits Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR CA License # 0243213 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.;";­k 444 Castro Street. Suite 200 INSURERS AFFORDING COVERAGE Mountain View, CA 94041-2017 4n_ INSURED Mission West Properties INSURER A: Steadfast Insurance Co. #252'; 1 -`=1 Berg & Berg Enterprises INSURERB: Hartford Casualty Ins. Co. #226 XCI, Inc. INSURERC. Fireman's Fund Ins. Co. #721 ` 10050 Bandley Drive INSURERD: Zenith Insurance Company # 282'`.,_ Cu ertino, CA 95014 INSURERF. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DO/YY) LIMITS GENERAL LIABILITY SCO 9273229-01 02/16/2002 02/16/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) s 100,000 CLAIMS MADE M OCCUR _ MED EXP(Anyone person) $ S,000 A X Owners&Contractors PERSONAL&ADV INJURY S 1,000,00 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY PRO- JECT M LOC AUTOMOBILE LIABILITY 57UENUP2884 02/16/2002 02/16/2003 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC S AUTO ONLY: qGG $ EXCESS LIABILITY KEK 8494 9296 02/16/2002 02/16/2003 EACH OCCURRENCE $ 25,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 25,000,00 C S 0 DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND 0420605-07 04/01/2002 04/01/2003 X TORVLIMITS I OR EMPLOYERS'LIABILITY D E L EACH ACCIDENT S 1,000,0001 E.L.DISEASE:EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT S 1,000,00 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: PS Airport-Automatic Vehicle ID System, Agreement 4168 _. Evidence of Insurance CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL Xg0=MAIL City of Palm Springs _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerk Office Attn: Patricia SandersXXXx7�C�9(x9(9(9E7 {9QXx90�X7QDCRX9l9C9Q?DNX3F9OEF]FAXX P 0 Box 2743 XIX*RXMMRKX)opm lxxwWNX-XNXNRXM7Q1tK NXXXXXXX Palm Springs, CA 92263-2743 AUTHORIZED REPRESENTATIVE Mindy Charbonneau/TIS678