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04044 - KR BARKER CDI COMMUNICATIONS AIRPORT CONSULTANT
J K. R. Barker & Associates dba CDS Communications Consultants Airport Communications Consult AGREEMENT #4044 CITY OF PALM SPRINGS M06274, 12-2-98 CONTRACT SERVICES AGREEMENT FOR AIRPORT COMMUNICATIONS CONSULTING SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 2"0 day of December, 1998, by and between the CITY OF PALM SPRINGS,8 municipal corporation, (herein "City")and K.R. Barker&Associates, L.LC. d/b/a CDI Communications Consultants, (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 howthe services should be performed,and(c)fully understands the facilities,difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the F5212761099999-300012160684 2 6114196 Revised.09/01/98 1 N:L WPLA GP,EElcdo-consultant agr 1 Services hereunder, Contractor shall 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 lasses or 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 may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1 9 S ecial Re uirements. 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 Thirty-Eight Thousand Eight Hundred and no/100($38,800.00)(herein "Contract Sum"),except as provided in Section 1.8. The method of compensation may include- (1) 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. FS2r2 7 6/09 9 9 99.3000/2160684.2 6114196 Revised.09/01/96 2 N.' WPA GREElcdi-consultant agr 22 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. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the"Schedule of Performance"attached hereto as Exhibit"D",if any,and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively 3.3 Force Maieure. The time periDd(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) year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Repr-esentative 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: K.R. Barker & Associates, L.LC. d/b/a CDI Communications Consultants Kendrick (Kin) R. Barker, President 10845 Blackland Road Willis, TX 77378 409/344-2369 FAX 4091344-2738 kbarker@cdicc.com F52/276/099999-3000/2160684.2 6114196 Revised.09101198 3 M WPIAGREEIcdi-consultant agr 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 Assionment. 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 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 in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express Consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within thejurisdictional 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. FS22 76/0 9 9 9 99-3 0 00/21 6 0 684.2 6114196 Revised 09/07/98 4 N:IWPVAGRE@cdi-cansultant.agr 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) Comoehensive General Liability Insurance. A pDllcy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either (1) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of insurance shall be in an amount not less than S5,000,000 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. Apolicyof comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either(1)bodily injury liability limits of$500,000 per person and $1,000,000 per occurrence and property damage liability limits of$250,000 per occurrence and $500,000 in the aggregate or(ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required In the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insured, except that the City shall not be named as an 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 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. All certificates shall name the City as additional Insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." FS212761099999-300012160684 2 E114196 Revised 09101198 5 N WPWGREE1cd;-Donsultant.agr The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement,the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the 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 orfailure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith, (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents,or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work,operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees,any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 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 FSV2761099999-300012160684 2 6114196 Revised 09/07/98 6 N. WPIAGR=cdi-consultant.agr 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 fora 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. 5.3 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 forfurther 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 Contractorwill be atthe City's sale 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 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 FS212761099999-300012160684 2 6/14/96 Revised 09/01/96 7 N:IWPI40REEWI-consultant agr 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 or the Contractor's right to 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 or which 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 Contractorto 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 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 Liguideted Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine to 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 as Zero dollars ($0.00) 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 F5212761099999-300012160684.2 6114196 Revised.09101198 8 W WFIA GREMcdi-consultant.agr 0 withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 73 Termination Priorto Expiration Of Term. This Section shall govern anytermination 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 or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice maybe such shorter time as maybe 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 maybe specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3, In the event the Contractor has initiated termination,the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide 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. 710 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 81 Non-IiabilitvofCiN 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. 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 F$2/2761099999.300012160684,2 5114196 Revised, 091011,28 9 N.IWPOGREEIcdi-eonsultant.Egr 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 or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the 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 Seyerability. 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. 95 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. FS212761099999-300012160684.2 6174196 Revised 09101198 10 NIWPIASREEIcdi-consultant.agr IN WITNESS WHEREOF,the parties have executed and entered Into this Agreement as of the date first written above. CITY PALM SPRINGS a nicipal corporation ATTEST: \ICY Y L City City M ger City Gl,6rk (Check one: _ Individual Partnership 2orporatlon) APPROVED AS TO FORM: W > Alk CONTRAC R: City Attorney r By: ! (NOTARIZED) [naRrC(C 'Z 'Pont dame & Title dfiz By: Slnat re (NOTARIZED) P ¢V,05 L Print Name &Title ., nn Py 4. �': tis� TRACEYM SIMONSEN =N; 'F•e Notary Public Expires Texas �^_ � :•,':ddY�,;• MyCammisvanExpues12-02-01 —_ t?pI l..fl/y7lnakpjCabyptS Mailing Address: iii �Lad1amz1 ���3� (Corporations require two signatures: one from each of the (END OF SIGNATURES) following: A. Chairman of Board, President, any Vice President:AND B.Secretary,Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial Officer). APPRCI ;a-' .xn7v � �y29 FS212761099999.300012160684.2 6114196 Revised:09/01/98 11 N IWPIAGREEIcdi-consultant agr December 16, 1998 Sate of Texas County of Montgomery Kindrick R. Barker, personally appeared before me, and being first duly sworn declared that he signed this application in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. _ yY� mm fHA66Y M SIMpNSEN Notary Puf�c's Signature �,'..•" ,oaf "s•+` '.• Nolrry Public Slate of Texas My Commission Expires 12-62-01 (Personalized Seal) December 16, 1998 Sate of Texas County of Montgomery Stephanie C. Barker, personally appeared before me, and being first duly sworn declared that she signed this application in the capacity designated, if any, and further states that she has read the above application and the statements therein contained are true. i` = rgncevNl slMomsem D otary P ic's Sign ture ',��. ,;c hlulary Puhllc Slate of l'pr3s %,9%��0;e�;�'My Cemmisslpn ENpires 12-02-01 (Personalized Sea]) EXHIBIT "A" SCOPE OF SERVICES CDI Communications Consultants, Inc (CDI) is proposing to perform communications consulting services for the City of Palm Springs. These services will be to assist the Palm Springs Regional Airport in determining the current capability of communication equipment and infrastructure for the airport and identify means and methods to accommodate future growth for the airport. The proposed work scope includes the following: AREA I - Needs Assessment ■ Conduct strategic interviews with City of Palm Springs Director, Department of Transportation, Aviation Director, Deputy Director and other department heads as required, Discuss departmental visions and goals Explore integration possibilities Identify issues and opportunities Obtain an overall understanding of each department's direction for the future ■ Interview Assistant Directors and Supervisors Identify operating parameters, opportunities and constraints Examine daily procedures from an operational point of view ■ Analyze interdepartmental functions and responsibilities (DOT-Aviation, Finance, Communication, etc.) ■ Client review and discussion ■ Prepare a report outlining findings and observation AREA II - Network Reauirements Definition - Premise Distribution System (PDS) ■ Identify cable distribution systems used by Department of Transportation - Aviation Division, airlines and other airport tenants Shielded and unshielded twisted pair Coaxial cable Fiber optics FS212761099999-300012160684.2 5114196 Revised 09101198 12 N.WPWGREEIcdi-consv1tan[.agr i • ■ Identify potential capacity problems and constraints Review expansion and construction plans Seek integration opportunities • Access network controllers and communication support devices Identify integration opportunities Recommend controls and physical security parameters • Telecommunications/Telephone Review Inventory existing telecommunications systems and services ■ Conduct a financial audit of telecommunications services Examine network and cable infrastructure charges Examine maintenance costs and agreements ■ Develop a tactical and strategic plan for telecommunications/telephone systems and services PBX Centrex Key Systems Campus interconnectivity Maintenance service and responsibilities AREA III - Shared Tenant Services ST5 stud ■ Audit and inventory tenant Telecommunications/Telephone systems and services Identify systems and services Identify tenant costs Identify contract terms Identify maintenance costs ■ Audit and inventory tenant data communications systems and services Identify systems and services Identify tenant costs Identify contract terms Identify maintenance costs FS21276/099999.300012160684.2 6/14196 Revised.09/01/98 13 N. WPL4GREZCdi-consultant.agr ■ Interview tenant managers/representatives Identify tenant interest Prepare a comprehensive financial plan Cost/benefit analysis Revenue Opportunity Operating responsibility Identify cost reductions Identify funding requirements ■ Prepare a detailed report and recommendations AREA IV - Pay Telephone Concession Review ■ Needs analysis Review present contracts for contractual obligations Review present telecommunications/telephone data for the Department of Transportation - Aviation Division Review long distance/local revenue Review commissions received Conduct site surveys Present recommendations AREA V - Project Closeout At the conclusion of this project, CDI Communications Consultants, Inc will provide to the City of Palm Springs: 1. A report on system integration. 2. A report on the status of the current telephone system for the Palm Springs Regional Airport. 3. A detailed Shared Tenant Service(STS)study with all economic and technical factors required to determine if upgrading/replacing the current telephone system into STS is feasible. 4. A report of the current cable/PDS infrastructure forthe Palm Springs Regional Airport, including general recommendations regarding Phase IIA of the terminal expansion. 5. A report on the current pay telephone concession, including options. F52127W99999.3000/2160664.2 6/14/96 Revised:09/01/98 14 WWMAGREElcdi-consultant egr EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.3, "Performance Bond" is hereby waived for this agreement. In accordance with Section 4.3, 'Prohibition Against Subcontracting or Assignment", The City of Palm Springs is aware of and has approved the use of Convergent Strategies Consulting (CSC), Inc. as a Subcontractor in the completion of this project. CDI Communications Consultants, Inc. identified CSC in their response to Request For Proposals - Step II - (RFP 03-99). Also in accordance with Request For Proposals - Step II - (RFP 03-99), CSC identified themselves as a Minority Disadvantaged Business Enterprise (M/BDE). FS212761099999-300012160684.2 6114196 Revised:09/01/98 15 N:IWPI40REEIodi-consultant.agr EXHIBIT "C" SCHEDULE OF COMPENSATION The method of payment shall be in accordance with the time and materials, not exceeding the maximum contract amount of $38,800.00. This amount includes reimbursement for expenditures for reproduction costs, telephone expense and transportation expense. A monthly invoice statement shall be submitted showing billable hours and/or project expenses as outlined below: AREA TOTAL AREA I - Needs Assessment $3,000.00 AREA II - Network Requirements Definition - PDS $6,900.00 AREA III - Shared Tenant Services (STS) $14,200.00 AREA IV - Pay Telephone Concession Review $3,000.00 Subtotal $27,160.00 Miscellaneous Expenses (at cost) $11 ,640.00 TOTAL COST $38 800.00 The budget estimates above were prepared in accordance with the following rates: Principal $150 Sr. Systems Consultant $125 Systems Consultant $100 Consultant $80 Analyst $65 Drafting $50 Clerical $35 The City of Palm Springs and CDI Communications Consultants agree that CDI can utilize the budget estimates identified above as it deems appropriate to execute the project scope of work. The City of Palm Springs and CDI also agree that CDI can utilize funds from either estimated category (Fees or Expenses) to meet the needs of the project as it deems appropriate. Under no circumstances will CD1 exceed the Contract Sum as specified in section 2.1 without approval of the City of Palm Springs, FS21276/099999.300012160684.2 6114196 Revised.09101198 16 MWFWGREE1cdi-consuitent egr EXHIBIT "D" SCHEDULE OF PERFORMANCE. The performance schedule for the Scope of Services outlined in EXHIBIT"A"shall be forty (40) business days (excluding holidays, weekends) from the Notice to Proceed date. F521276/099999.300012160684.2 6/14/96 Revised, 09/01/98 17 N'WPAGREEIcdi-consultant.agr City of f alm 5primoo Pepartment of Aviation Palm 5pring5 International Airport 3400 E Tahctuitz Cahyon Way, Suite OFC r Palm 5pring5, CA 92202 Patm Springs InlefnaLona Airport MEMORAN 40 Date: May 22, 2001 To: Trisha Sanders, City Clerk From: Barry Griffith, Assistant Director of Aviation Subject: KR Barker, Agreement#4040 Per our recent conversation, listed below is the information you requested on the above noted agreement: • The original agreement was executed on January 12, 1999 • Amendment#1/Change Order#1 was executed on July 20, 1999 • Change Order#2 (see attached) was issued on March 28, 2000. This was handled utilizing Section 1.8 of the standard City agreement. • Change Order#3 (see attached) was Issued on February 21, 2001. This item was merely an increase in the total contract amount due to higher than anticipated travel costs. This was the final change order and closed out the agreement. Please let me know should you require further clarification N.lwordPerfect�AgreementslCDI_City Clerk Timeline 05-22-2001 mem John `Barry'Griffith Assistant Director of Aviation 760MB-3803 FAX 7601318-3815 SarryG@ci.palm-springs.ca.us PURCHASE ORDER CHANGE ORDER City of Palm Springs No. 3 PO BOX 2743 Date 02/22/01 Palm Springs, CA 92262 (619)323-8236 Purchase Order No. 906273 PO Date 12/11/98 Requisition No. AVTN-9-43443 Vendor No. 11110 Origination Division Aviation Account No. Affected 415-6002-43200 PLEASE CHANGE OUR ORIGINAL PURCHASE ORDER AS FOLLOWS: CHANGE F.O.B.POINT TO. ❑ CHANGE QUANTITY TO: OCHANGE DESCRIPTION OF WORK OR SCOPE TO READ ❑ CHANGE UNIT PRICES TO: ©CHANGE TOTAL PRICE TO,$87,480.00 FOR A CHANGE OF-$5,000.00 ®OTHER CHANGES OR INFORMATION:Per minute order#06801.2121101. Additional communications consulting services. ALL OTHER TERMS AND CONDITIONS SHOWN ON ORIGINAL ORDER SHALL REMAIN UNCHANGED CITY OF PALM SPRINGS ppmnd by Dc nmcm HcA Apprpvel Pumhaning omcer iii .LLTO: ' CITY OF PALM SPRING.. ' Biel! (OF PALM SPRINGS FINANCEPURCHASE ORDER P-O.11 _ BOX P.O. BBOX 22743 43 - •y;�r,_ __ t r�•r - r PALM SPRINGS,CALIFORNIA 92263-2743 r QUOTEDBY: DELIVER TO L „ ,u a DATE: F.O.B.: L".,_r - r �� ; _:n TERMS: r . DELIVERY DUE: -. VENDOR: -r L�c I '_Lr l L.%n}!r,. �_,f1�'- i : ��, r REQUISITION A: r• '.' i I�. -'-.� - -{ _ BID N: ACCOUNT: ITEM NO. DESCRIPTION QUANTITY UNIT PRICE EnENSIOIC�j -_-._ . r-•,Gr:l -. inSLi. 1 :'•,TrYn_1 - _ � , > )_ r o,L —I'Ullll r � •� '- 1 / } 1 Instructions: By accepting order,seller agrees to accept all terms and con- ditions appearing on the face and reverse side of this purchase 1. Please submit irnoir as in duplicate 3. Please slate payment terms on invoice. order or attached hereto. 2. Please submit separate invoices for each order 4, Federal tax exempt. REQUISITIONER By �`� CDI Communications Consultants PURCHASE ORDER CHANGE ORDER City of Palm Springs No. Two PO BOX 2743 Date 11-18-99 Palm Springs, CA 92262 (619)323-8236 Purchase Order 906273 PO Date 12-11-98 Requisition No. AVTN-8-43443 Vendor No. 11110 Origination Division Aviation Account No. Affected 415-6002-43200 PLEASE CHANGE OUR ORIGINAL PURCHASE ORDER AS FOLLOWS. ❑ CHANGE F.O.B. POINT TO: ❑ CHANGE QUANTITY TO: ❑ CHANGE DESCRIPTION OF WORK OR SCOPE TO READ: o CHANGE UNIT PRICES TO: CHANGE TOTAL PRICE TO:$82,480.00(original po$38,800+C01 $39,680+new CO2$4000) FOR A CHANGE OF:$4000.00 OTHER CHANGES OR INFORMATION:Please see attached paperwork for additional Information ALL OTHER TERMS AND CONDITIONS SHOWN ON ORIGINAL ORDER SHALL REMAIN UNCHANGED CITY OF PALM SPRINGS Submitted by Appmved by p�Mp Appmral Purchasing Macagc, N:\data\chngpc.frm THIS NUMBER MUST APPEAR O N ALL DOCUMENTS. 'L'_TOa �CITY OF PALM SPRINGS �i f OF PALM SPFIING.$ FINANCE DEPT. PURCHASE ORDER 'u 171- P.O.BOX 2743 - P' I. PALM SPRINGS.CALIFORNIA 92263-2743 L if, QUOTED BY: DELIVER TO: -1. b DATE: F.O.B.: TERMS: „l H., DELIVERY DUE: L VENDOR: REQUISITION#: E1ID#: ArrOIINT! TTEM NO. 1019SCRIPTION QUANTITY UNIT PRICE EXTENSION t� o C� I !, E'C 1:C', c- t! CW' P L j Instructions! By accepting order,seller agrees to accept all forms and con- ditions appearing on the face and reverse side of this purchase 1. Please submit invoices in duplicate 9. Please state payment terms on invoice, order or attached hereto. 2, Please submit separate invoices far each order 4. Federal tax exempt- BY: Z72 5 DIRECT INQUIRIES TO(760)323-8237 RFOUISITIONFR An I I n ; &e,, j), k'_Ar OF PALM S FILE COPY Cgtl FORN�P e.9q7?1 C949 P 42M sP1Vftg9 DEPARTMENT OF AVIATION TELEFAX MESSAGE DATE: 11/03/99 COMPANY. CPI Communications Consultants ATTENTION: Marco J. Prieto, Senior Consultant FAX NO. 281-890-3677 FROM: Barry Griffith DEPARTMENT: Aviation TITLE: Deputy Director of Aviation-Airport Administration FAX NO: 760-3224308 THIS MESSAGE IS PAGE I OF _3 PAGB,S IF YOUR COPY IS NOT CLEAR,ADVISE BY RETURN FAX, OR CALL(760) 323-8161 BRIEF MESSAGE: Marco,is the "Notice to Proceed"letter we discussed. Please let me know of any additional concerns or questions. Hard copy to follow. Thank you. PALM SPRINGS INTERNATIONAL AIRPORT Barry G(gzci.pahlt-springs.ca.us +n� Bus(760)323-8I61 Fax(760)322-4308 Fdgrl) 'F PALM S � m City of Palm Springs llcparrmcnt of Aviation Palm Springs International Airport 3400 Tahquii.Guyon Way • P.Jm Spnnps,G liForni3 92262 FO{Z14\ 'I'EI (760)323-8161 • FAX(76o)322-43o8•TDD(7(,0)A64-9527 November 03, 1999 Mr. Marco J. Prieto, Project Manager CDI Conununications Consultants 12345 Jones Road, Suite 1246 Houston, Texas 77070 Re: Consulting for Palm Springs International Airport's (PSP) Shared Tenant Services (STS) Communications Pricing Structure Dear Marco: We are requesting that you provide additional consulting services for the development of a communications pricing structure as a potential revenue stream for parties interested in utilizing PSP's (STS). The scope of services for developing a communications pricing structure for STS at PSP shall consist of several revenue product/service offerings including: 1) PBX Telephone Service-Basic telephone service such as single line analog telephones,fax machine hook-ups, dial up modem line connections, all the way up to feature rich digital telephones with caller I.D. Tenants will be offered complete installation with on going service and maintenance built into the monthly rental. 2) Moves,Adds and Changes-All tenants receiving telephone service on the STS will utilize the on-site service personnel to move,add or make changes to their telephone requirements. 3) Local Telephone Service - By sharing the use of the telephone company lines, tenants can receive access to more outside trunks at a lower cost per user. 4) Long Distance-Tenants may choose to use the STS provided long distance services which will be provided at a competitive rate. 5) Voice Processing-Includes a feature rich voice processing system capable of providing all the current capabilities including single number for fax and voice menus to give callers options before speaking to a line operator. 6) Premise Distribution System-Tenants will have the ability to interconnect telephone lines, Post Office Box 2743 0, Palm Springs, California 92263-2743 locaVwide area networks, video and other systems utilizing the PDS infrastructure. The diverse design will allow the tenants the ability to select from two of the latest distribution mediums which include multimode fiber optic cabling and traditional copper cabling. We are seeking CDI's experience and expertise in developing this enhanced communication pricing structure, with revenue generating opportunities. CDI project tasks should include: a. Identify new system costs b. Identify new maintenance costs C. Identify costs for moves, adds and changes d. Identify pricing from competitive providers e. Develop a pricing model f. Develop an STS price list It is our understanding that CDI will provide PSP the following information based on the previously listed scope of services for an additional fee of$4,000, This price shall be to deliver a spreadsheet price analysis in an Microsoft Excel format. A price list,with supporting information, shall also be delivered in a Microsoft Word format. This letter will serve as your Notice to Proceed for the assigned task. Per your recent e-mail of October 20, 1999 and my reply, we understand we will have the basic cable/fiber infrastructure pricing by November 4, 1999 and the remaining deliverables by December 1, 1999. Thank you for your assistance. Sincerely, Ba Gri rff th Deputy Director of Aviation-Administration cc: .Teri L. Riddle, Director of Aviation Tracy Lincoln, Deputy Director of Aviation- Operations Mike Williams, A.A.E, Operations and Communications Supervisor Cathy Wilson, Account Specialist LL:bg file s:\sis�,Lxedipric hstltr_I 10399.wpd Barry Griffith From: Marco Prieto [mprieto@cscinc.com] Sent: Wednesday, October 20, 1999 10:12 AM To: Barry Griffith (E-mail) Subject: STS Price Schedule Barry, I will have your basic cable/fiber infrastructure pricing by Nov. 4th and the remaining deliverables by December 1st. Please give me a call if you have any questions. Marco 1 All�Vb/y`J`JY V�: 4Il cllltl][l]b/ / l+bl 11V1+ Ir•1Ur� !_Il 12345 Jonas Road,Suite 124G Houston, Texas 77070 CDl Communications (281)690-2620 voice (281) 890-3677 fax Consultants FC To: Barry Griffith From: Marco J,Prieto-Senior Consultant Fax: (760)322-4308 Pages: 4,inc.cover Phone: Pate: 10/06/99 Ro: STS Proposal CC: ❑Urgent ❑ For Review ❑Please Comment 0 Please Reply ©Ploare Rccycly 1!1/!JG/lyyy !J`J:4tl ctll ay411h�� lbl 1f A_, I'laHt f1.' CUTCommunications Consultants October 6, 1999 Mr. John Barry Griffith Deputy Director of Aviation Palm Springs International Airport 3400 E. Tahquitz Canyon Way P. 0. Box 2743 Palm Springs, CA 92263-2743 Via Facsimile @ (760) 322-4308 Dear Mr. Griffith: CUI Communications Consultants (CI7l ) is pleased to present this expansion to our existing scope of services with the Department of Aviation at the Palm Springs International Airport (PSP). This added scope shall be to provide assistance in the development of a communications price structure for shared tenant services (STS). Shared Tenant Services - Overview STS is a concept in which a number of tenants "share" a common Private Branch Exchange (PBX) telephone system, Premise Distribution System (PDS) and other systems rather than each one buying an individual system. As airports begin to take advantage of advances in telecommunications technology, the next step they begin to consider is to look for ways to utilize this technology for the production of new revenue streams and to develop ways for reducing costs. The STS for PSP shall consist of several revenue productiservice offerings including; PBX Telephone Service - Basic telephone service such as a single line analog telephones, fax machine hook-ups, dial up modem line connections, all the way up to feature rich digital telephones with caller I.D. Tenants will be offered complete installation with on-going service and maintenance built into the monthly rental price. Moves, Adds and Changes -All tenants receiving telephone service on the STS will utilize the on-site service personnel to move, add or make changes to their telephone requirements. Corporate Off oe; 10845 9lackland Road •Willis,Texas 77378 (409)344-2369 • Fax(409)344-2736 l W kJb l`d 9'n I7.4n cni nnlJ Jr�// lbr� 11Y1 I'HhF U-3 • Local Telephone Service - By sharing the use of telephone company lines, tenants can receive access to more outside trunk at a lower cost per user • Long Distance - Tenants may choose to use the STS provided long distance services which will be provided at a competitive rate. • Voice Processing - Includes a feature rich voice processing system capable of providing all the current capabilities including single number for fax and voice menus to give callers options before speaking to a line operator. • Premise Distribution System - Tenants will have the ability to interconnect telephone lines, local/wide area networks, video and other systems utilizing the PDS infrastructure, The diverse design will allow the tenants the ability to select from two of the latest distribution mediums which include multimode fiber optic cabling and traditional copper cabling. CDI is the leading implementor of STS in the Airport Industry, CDI's experience at other airports has given us the knowledge and skills necessary to deliver an acceptable offering to your Airline customers, Experience with the concerns and sensitivity which the Airlines have displayed at other airports gives CDI the unique qualifications necessary for the success of this revenue generating project. CDI is prepared to complete this project on schedule and position PSP to maximize their revenue potential. At the same time, the STS will provide the framework for PSP to look at other services as they arise. Project Description In order to develop the STS to its fullest potential, CDI will be responsible for the following project tasks: Develop STS pricing a. Identify new system costs b. Identify new maintenance costs C. Identify costs for moves, adds and changes d. Identify pricing from competitive providers e. Develop a pricing model f. Develop an STS price list 1!1/E�E/159`J b'�:ad LNl tlNk33677 U"U 1NG J4 Project Fees CDI will provide this scope of services based on an additional fee estimate of $4,000.00 This price shall be to deliver a spreadsheet price analysis in a Microsoft Excel format. A price list shall be delivered in Microsoft Word format. These fee estimates are based upon our experiences with similar projects. It is Important to note CDI has based our work plan on our understanding of your project requirements and services you wish to have performed. Modifications to our proposed scope of services can be initiated prior to any notice to proceed. Thank you for selecting CDI to assist you with this project. If you have any questions regarding the added scope of services or the pricing, please feel free to give me a call. Sin ely, Marco J. Prieto 1 Project Manager— CQI Cf: Kin Barker DATE February 21, 2001 TO City Council FROM Interim Director of Aviation AIRPORT COMMUNICATION CONSULTANT- CHANGE ORDER#3 RECOMMENDATION. That City Council approve Change Order#3 to Agreement No. 4044 with K.R. Barker & Associates, i d,b.a. CDI Communications Consultants for additional communications consulting services for the Palm Springs International Airport in an amount not-to-exceed$5,000.00,fora revised final agreement amount of$87,460.00. SUMMARY CDI Communications Consultants has been providing services to the Airport for the installation of Premise Distribution System (PPS)equipment. In orderta complete this work in a timely manner in conjunction with the opening of Phase IIA of the terminal expansion additional trips to Palm Springs were required, which resulted in additional travel expenses. BACKGROUND. The Premise Distribution System (PDS) is a program whereby the Airport owns and provides a common data cabling backbone for use by it's tenants. Each tenant is then charged asubsequent usagefee.CDI Communications Consultants providedtechnical oversight for the Airport in the installation of this system In order for PDS to be operational in conjunction with the opening of Phase IIA of the terminal expansion and complete the project, CDI personnel were requested to make additional trips to and from Palm Springs.Amendment#1 to this agreement authorized no more than eight (8) man trips, when 11 trips were necessary to complete the work. CDI personnel also completed some off-site verification (modem/computer) of the installed equipment. The increase in funds is due solely to the additional trips and the off-site verification. This represents the final agreement amount and close out of this agreement. Funds are available in acceunt415-60-6002-43200,Airport Administration Contractual Services. No General Fund monies will be used 1A February 21, 2001 Page Number 2 The Airport Commission recommended City Council approval ofthis Item at its meeting of February 7, 2001. MIKE,N WILLIAMS, A A.E. ` -- BARRY GRIFFITH Deputy Director- Operations Assistant Director of Aviation ry 5� ALLEN F SMOOT, AX E. Interim Director of Aviation APPROVED—�'��� City ger Attachment, Minute Order REVIEWED BY DEPL OF FINANCE N�YVoroPeriec[\C4_Co¢neI1�CDl_Change Orcer 9 Feb 2001-wpP MINUTE ORDER NO APPROVING CHANGE ORDER#3 TO AGREEMENT NO 4044 WITH K.R. BARKER & ASSOCIATES, L.L C. D B A. CDI COMMUNICATIONS CONSULTANTS FOR ADDITIONAL COMMUNICATIONS CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT-TO-EXCEED $5,000 00, FOR A REVISED FINAL AGREEMENT AMOUNT OF $87,480.00, I HEREBY CERTIFY that this Minute Order approving change order 93 to Agreement No. 4044 with K.R. Barker& Associates, L.L.C. d.b.a. CDI Communications Consultants for additional communications consulting services for the Palm Springs International Airport in an amount not-to- exceed $5 000.00, for a revised final agreement amount Of $87,480,00, was adopted by the City Council of the City of Palm Springs California in a meeting thereof held on the 21'` day of February, 2001 PATRICIA A. SANDERS City Clerk `.'LLTg): CITY OF PALM SPRING. "'t '(OF PALM SPRINGS P,O.BFINAN X2743 PURCHASE ORDERP.O.BOX 2743 PALM SPRINGS,CALIFORNIA 92263-2743 QUOTED BY: DELIVER TO: = DATE: TERMS: - i DELIVERY DUE: VENDOR: C nnnr, _ _l-�= _ :r f_r, . REQUISITIONS: i ; BIDS: ACCOUNT: ITEM NO. DESCRIPTION QUANTITY UNIT PRICE EXTENSION r J 11 r t instructions: By accepting order,seller agrees to accept all terns and con- ditions appearing on the face and reverse side of this purchase t. Please submit invoices in duplicate 3. Please state paymnt tams on irrvoice. order or attached hereto- 2. Please submit separate irrvoices for each order 4. Federal tax exempt. REQUISITIONER '1r] 1FgT INOI IIRIFF Tr]17e01&93-A9S7 --- HAROI rl F GOOD.C PO,PROCUPF"xFNT MANAGER PURCHASE ORDER CHANGE ORDER City of Palm Springs No. 3 PO BOX 2743 Date 02/22/01 Palm Springs, CA 92262 (619)323-8236 Purchase Order No. 906273 PO Date 12/11/98 Requisition No. AVTN-9-43443 Vendor No. 11110 Origination Division Aviation Account No. Affected 415-6002-43200 PLEASE CHANGE OUR ORIGINAL PURCHASE ORDER AS FOLLOWS. ❑ CHANGE F.O.B.POINT TO: ❑ CHANGE QUANTITY TO: ❑CHANGE DESCRIPTION OF WORK OR SCOPE TO READ: 11 CHANGE UNIT PRICES T0: ®CHANGE TOTAL PRICE TO:$87,480.00 FOR A CHANGE OF-$5,000.00 ®OTHER CHANGES OR INFORMATION:Per minute order#06801,2121101. Additional communications consulting services. ALL OTHER TERMS AND CONDITIONS SHOWN ON ORIGINAL ORDER$HALL REMAIN UNCHANGED CITY OF PALM SPRINGS approved by Do nmon[Hcad Approval Pumhasing Of w v� I DATE. February 21, 2001 TO City Council FROM. Interim Director of Aviation AIRPORT COMMUNICATION CONSULTANT-CHANGE ORDER#3 RECOMMENDATION: Thai City Council approve Change Order#3 to Agreement No 4044 with K.R. Barker & Associates, L.L.C. d b.a. CDI Communications Consultants for additional communications consulting services for the Palm Springs International Airport in an amount not-to-exceed$5,000.00,fora revised final agreementamount of$87,480.00, SUMMARY: CDI Communications Consultants has been providing services to the Airport for the installation of Premise[Distribution System (PDS)equipment In order to complete this work in a timely manner in conjunction with the opening of Pnase IIA of the terminal expansion additional trips to Palm Springs were required,which resulted in additional travel expenses. BACKGROUND! The Premise Distribution System (PDS) is a program whereby the Airport owns and provides a common data cabling backbone for use by it's tenants. Each tenant is then charged a subsequentusagefee.CDI Communications Consultants provided technical oversight for the Airport in the installation of this system. In order for PDS to be operational in conjunction with the opening of Phase IIA of the terminal expansion and compleie the project, CDI personnel were requested to make additional trips to and from Palm Springs.Amendment#1 to this agreement authorized no mare than eight (8) man trips,when 11 trips were necessary to complete the work. CDI personnel also completed some off-site verification (modem/computer) of the installed equipment. The increase in funds is due solely to the additional trips and the off-site verification. This represents the final agreement amount and close out of this agreement. Funds are available in account 415-OM002-43200,Airport Administration Contractual Services. No General Fund monies will be used. February 21, 2001 Page Number TheAirperf Commission recommended City Council approval Of>his item at its meeting of lFebruary 7, 2001 MIKETN W1LLIAMS, A.A.E. 4 ,..-• BARRY'GRIFFITH Deputy Director- Operations Assistant birector of Aviation r i ALLEN F SMOOT, A.A.E. Inierim Director of Aviation APPROVED' r City ger Artachment Minu>Ei Order REVIEWED BY DEFT.OF FINANGE N\vVorOPericct\City_Counc,BCDI_ChanDe Order 3_Fab 2D01 wpa MINUTE ORDER NO APPROVING CHANGE ORDER T3 TO AGREEMENT NO, 4044 WITH K.R. BARKER & ASSOCIATES, L.L C. D.B.A CDI COMMUNICATIONS CONSULTANTS FOR ADDITIONAL COMMUNICATIONS CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT-TO-EXCEED $5,000 00, FOR A REVISED FINAL AGREEMENT AMOUNT OF $67,480,00. I HEREBY CERTIFY that this Minute Order approving change order 113 to Agreement No 4044 with K,R. Barker& Associates, L.L.C. d.b.a. CDI Communications Consultants for additional communications consulting services for the Palm Springs International Airport in an amount not-to- exceed S5 000.00, for a revised final aereement amount of $87,480.00, was adopted by the City Council of the City of Palm Springs: California in a meeting thereof held on the 21'` day of February, 2001 PATRICIA A. SANDERS City Clerk City of Palm Springs PO# PARTIAL RECEIVING REPORT 906273 received from dote Vendor: CbI Communications Consultants received 02/28/01 10845 8lackland Road dept. Aviation Willis,TX 77378 vendor no. 11110 Partial# Invoice# Description Unit Cost Amount 07/O1/00 ONLY PAIp 1500.00 ON THIS INVOICE(P15) 16 196 415-6002-43200 $52,58 02/01/01 FINAL PAYMENT COMMUNICATION CONSULTING SERVICES 1053 415-6002-43200 $4,446,15 Total $4,500.73 remarks: FINAL PAYMENT-PLEASE CLOSE, THANK YOU, For Procurement Dept Use I certify that the articles or services shown above repr Partial No: partial delivery of the order placed with the purchase Invoice No. order shown and that they were received in good conditi Amount: Checked by Received Bx Janet Buck bate for Department Head K.R. Barker & Associates dba CDI Communications Consultants Amend #1 - Airport Communicati AGREEMENT #4044 AMENDMENT NO. 1 M06410, 5-19-99 AGREEMENT NO. 4044, AIRPORT COMMUNICATIONS CONaun mru atrcviuta THIS FIRST AMENDMENT to Agreement No 4044 for Contract Services, (herein "Agreement") made and entered into on the ,G' day of 1999, by and between the CITY OF PALM SPRINGS (herein "City") and K.R. Barke ssociates, L.LC. d/b/a CDI Communications Consultants (herein "Contractor"), (The term Contractor includes professionals performing in a consulting capacity.), is hereby effective May 20, 1999, as follows: The "Contractor" completed a Communications Study for the City of Palm Springs, Department of Aviation (AIRPORT), which operates the Palm Springs International Airport. The following services are designed to assist the AIRPORT with implementation of the recommendations of the Communications Study: I. Exhibit "A" Scope Of Services, is hereby amended by adding the following areas: A. Task 1 - Premise Distribution System (PDS) 1. Conduct meetings/maintain dialogue with tenants and the AIRPORT to explain PDS; receive connectivity and cable requirements for all parties. 2. Provide vendor (selected by "City") with tenant and AIRPORT equipment requirements for Shared Tenant Services (STS) and data needs. 3. Review vendor design to confirm tenant and AIRPORT equipment requirements are met. B. Task 2 - PBX/Telephone Instruments 1. Review the configuration of the PBX, as submitted by vendor to insure STS capabilities, including port and software feature requirements. 2. Assist in planning of PBX/Telephone changeover and review installation plan/schedule. 3. Assist with vendor questions or information needs relating to future STS installation. 4. Provide on-site PBX/Telephone Instrument acceptance testing and inventory after installation, including feature and equipment performance. The vendor/provider/installer of the PDS, PBX/Telephone Instruments (selected by"City")will be used in a design capacity and is not part of this contract. The Contractor will act on behalf of the AIRPORT to ensure the vendor provided/designed/installed PDS and PBX/Telephone Instruments meet the requirements. CDI Amendment#1 Page 1 of 3 N.WPICOMM CDIIAmendment 1 frm II. Exhibit "C° Schedule Of Compensation, is hereby amended according to the following: A. The method of payment shall be in accordance with the time and materials, not to exceed the contract amendment amount of $39,680.00. TO TAL $ Task 1 - Premise Distribution System (PDS) $12,080.00 Task 2 - PBX/Telephone Instruments $15,800.00 Sub Total $27,880.00 Miscellaneous Expenses (at cost) $11,800.00 TOTAL COST $39.680.00 B. The miscellaneous expenses will include up to eight (8) man trips for CDI personnel to Palm Springs, as well as reimbursement for delivery, reproduction costs and telephone expenses. C. Monthly invoices shall be submitted with a progress/detail report outlining the amount and type of work completed, including the percentage complete for each task- D. The budget estimates above were prepared in accordance with the following rates: Principal $150/hour Sr. Systems Consultant $125/hour Systems Consultant $100/hour Consultant $80/hour Analyst $65/hour Drafting $50/hour Clerical $35/hour The City of Palm Springs and CDI Communications Consultants agree that CDI can utilize the budget estimates identified above to execute the project scope of work. The City of Palm Springs and CDI also agree that CDI can utilize funds from either estimated category(Fees or Expenses) to meetthe needs of the project.Any transferof funds between budget categories shall be subject to approval by the Contract Officer. Under no circumstances will CDI exceed the Contract Sum as specified without approval of the City of Palm Springs. The installation of PDS and the PBX/Telephone Instruments is related to Phase IIA of the terminal expansion project. This project is scheduled for completion by October 30, 1999. The PDS and PBX/Telephone Instruments will be provided, designed and installed under a separate contract (not part of this amendment). This vendor will be responsible for developing an installation schedule. CDI Communications Consultants is not responsible for developing an installation, but to provide oversight and assistance to the vendor in meeting the schedule. It is anticipated that the PDS and PBX/Telephone Instrument equipment be procured/delivered/installed etc so as to be completed no later than October 30, 1999, COI Amendment h7 Page 2 of 3 N,,IWPICOMM COIIAmendment 1.frm Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF P L-NCSP a municip I corporation ATTEST: p By. 61y Manager City Clerk APPROVED AS TO FORM: (Check one: _ Individual _ Partnership /e 1 � ✓ Corporation) �V ty Attorney CONTRAC By: (NOTARIZED) $i re Print Name & Title By. (NOTARIZED) na e0%2i?ietui Bz r. - = — Print Name & Title ' •' Pwvi°m= IRACEYM SIMONSEN i or+ inC - NutPry Fuhllc Stale Of Te%as •,9 �''��'tdy Lommis'Swn Expues 12-0&01 GI �� ��� $ Mailing Address: ��gs"✓ �� (Corporations require two signatures:one from each of the following: A. Chairman of Board, President, any Vice President: AND B, Secretary, Assistant secretary, Treasurer, Assistant Treasurer, or Chief (END OF SIGNATURES) Financial Officer). APPROVED BY THE 0-b Y C01,;,NIQL �W" �/O/y C01 Amendment#1 Page 3 of 3 N 1WP=MM CD11Amendment_1.fnn June 16, 1999 Sate of Texas County of Montgomery Kindrick R. Barker, personally appeared before me, and being first duly sworn declared that he signed this application in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. J;7 Q�4lbe .. TRAC" r.r s ucti ri otary P lic's Sig ture pp ,La; fJiy Commission E',pires 12-C2-0' (Personalized Sea]) June 16, 1998 Sate of Texas County of Montgomery Stephanie C. Barker, personally appeared before me, and being first duly sworn declared that she signed this application in the capacity designated, if any, and further states that she has read the above application and the statements therein contained are true. ;o°."^�'-"O"r TR.^CEV fv151Vi0N$F,fJ 'Il�( otaryVP,, lc's Sign ure ��ayNOtaf�f,IJIIC $t2lc p}�BdS luuu^^^YYY t '•.,rp Tyc�:`My Canlmissmn Expires 12-02C I{I (Personalized Sea[) .oRo_ CERTIFIC OF LIABILITY INSU NCF�Ss°O -'r DAoz��a/02 'ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ;C/MARSH HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 0 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lollis MO 63101-2500 !hone- 800-338-1391 Fax:888-621-3173 INSURERS AFFORDING COVERAGE INSURED INSURERA Hartford Insurance Com_ any _ INSURER 8: CDI CoIIminicat10T1 Conslts. ,Inc INSURER 505 North Main INSURER l =-• Conroe TX 77301 -- " INSURERS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI IE 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 TI 1E TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS 51•IOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Pb rrEFF-l! �- FbTI�EXPIRA LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDDTTY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 84SBXNM8783 3-1/01/01 11/01/02 FIRE DAMAGE(Any one fire) $ 1000000 CLAIMS MADE DxOCCUR MED EXF(Any one person) S10000 PERSONAL S ADV INJURY $ 1000000 GENERALAGGREGA7E $ 2000000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-CDMPIOPAGG S2000000 POLICY X FRO,JECT LOC PRO. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A, X ANY AUTO 84UEVPS7310 11/01/01 11/01/02 (E�accident) $ 100000D ALL OWNED AUTOS BODILY INJURY S SCFIEOULED AUTOS (Per pe,*n) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PCI.CcIdenl) $ PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC S AUTO ONLY: AGG 78 EXCESS LIABILITY EACH OCCURRENCE 35000000 A X OCCUR CLAIMS MADE 84SBXNN8783 11/01/01 11/01/02 AGGREGATE $5000000 DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND X TORT LIMITS L_ ER AEMPLOVERS'LIASILITY 84WBVEC5325 11/01/01 11/01/02 EL.EACHACCIDENT S 1000000 _ EL DISDISEASE-EXEMPLYYEE $10OD000 E L DISEASE•POLICY LIMIT S1D00000^— OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED SV ENDORSEMENTISPECIAL PROVISIONS PROTECT: 4044, AIRPORT COMMUNICATIONS CONSULTING SERVICES A4044 CERTIFICATE,HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CTYPALS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30 DAYS WRITTEN CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL attn: MS. PATRICIA. A. SANDERS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OFFICE OF THE CITY CT,EM 3200 TAHQI7XTZ CANYON WAY REPRESENTATIVES, PALM SPRINGS CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25-8 (7197) @ACORD CORPORATION 1988 RTI FICA . �!L. OF INSU, LANCE ::F ST4.� .. 0,64r4 ': ,';'�. ISSUr DATE (MMMDffY) RMATIO12"0/9" RDDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE eG ITISII'Cance SEZ'VS . TnC. POLICIES BELOW. 0. 0. Box 4745 COMPANIES AFFORDING COVERAGE Houston TX 77210-4745 COMPANY A EXECUTIVE RISK INDEMNITY/IFIS LETE•R COMPANY B C N A INSURED LETTER RECEIVED DI COMMUNICATIONS COMPANY C CONSULTANTS LETER 1� 10845 BLACKLAND RD COMPANY D ` ILLIS, TX 77378-6309 LETTER COMPANY E v ° LETTER _- C'OVE"A'GES I '-_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RE4UIREMENT TERM OR CONDITIOry OF ANIV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE.ISSUED OR MAY PERTAIN THEINSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN I$SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS TA DATE (MMIODNY) DATE (MMIDD/M GENERAL LIABILITY B156440746-98 05/31/98 05/31/99 GENERALAGGREGATE $ 2 , 000 . 00( )MMERCIAL GENERAL LIASILffV PRODUCTS-COMPlOP AGG a ]_ D00 (]0 LAIMS MADE OCCUR PERSONAL C,AOV.INJURY $ 1, 000,00 OWNER'S&CONTRACTORS PACT. EACH OCCURRENCE a 1,000 , 00 FIRE DAMAGE(Any one Fire) S 50,00 MED.EXP (Anyone person) $ AUTOMOBILE LIABILITY B156440732-98 05/31/98 05/31/99 CCMEIN40 SINGLE ANY AUTO LIMIT S 1,000 ,00c ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-CWNCD AUTOS (Peraccldenq a GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER7AAN UMBRELLA FORM - WORKER'S COMPENSATION B163089699 05/31/98 05/31/99 STATUTORYUMFS EACH ACCIDENT s 1 ,000,00 AND DISEASE-POLICY LIMIT $ 1 , 000 ,00 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYES a 1 , 000 , 000 DTHEIPROFESSIONAL 151120973-98 05/18/98 05/18/99 1000000 PER CLAIM LIABILITY AND AGGREGATE DESCRIPTION OF OPERAT)ONSILOCATIONSNEHICLESISPECIAL ITEMS FAX ( 760) 322-4308 CERTIFICATE HOLDER CANCELLATION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF PALM SPRINGS MAIL 3p_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR _ LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 3400 TAHQUITZ CANYON WAY 'ACORD�25�5(,�p)'M SPRINGS CA 92262 AumDF �IVE _�-r� 'Q,y�_RpCOgFtSRATI0M1A90