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03990 - PALM DESERT NATIONAL BANK ATM MO 6169
• • Palm Desert National Bank Airport ATM supply & Service AGREEMENT #3990 Amend #1 M06931, 9-19-01 AMENDMENT NO. I TO CONTRACT SERVICES AGREEMENT FOR AUTOMATED TELLER MACHINE SUPPLY AND SERVICING NO. 3990 This AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR AUTOMATED TELLER MACHINE SUPPLY AND SERVICING NO. 3990 ("Amendment") is made and entered into this �ay of November, 2001, by and between the CITY OF PALM SPRINGS, a California municipal corporation("City") and PALM DESERT NATIONAL BANK, a National Banking Association ("Contractor"). RECITALS WHEREAS,on June 4, 1998, City and Contractor entered into that certain Contract Services Agreement for Automated Teller Machine Supply and Servicing No. 3990 ("Agreement"), for Contractor's installation, service and ma"mtenance of an automated teller machine ("ATM") within the Palm Springs International Airport("Airport"), as more specifically described in the Agreement; WHEREAS, the term of the Agreement, was for three (3) years, which expired on June 4, 2001, and a one-time option to extend the term for an additional there (3) years, which option Contractor did not exercise under the requirements of Section 3.4 of the Agreement; and WHEREAS, City and Contractor desire to reactivate the expired Agreement, extend the term for another three (3) years from the date of the original expiration of said term, and amend the Schedule of Compensation to require Contractor to pay the City a portion of the revenues it generates from use of the ATM, as provided in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. Reactivation of Agreement. The parties agree that the Agreement shall be reactivated and remain in full force and effect, except as specifically amended herein. 2. Section 3.4 of the Agreement entitled "Term" shall be amended in its entirety to read as follows: "3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until June 4, 2004." 2. Sections 2.1 and 2.2 of the Agreement Lease entitled "Contract Sum" and "Method of Payment", respectively, shall be amended in their entirety to provide as follows: IRV 414123 vI _1_ "2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be entitled to compensation from each ATM customer's account in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C"and incorporated herein by this reference. Further, in consideration for the use of the space within the Airport for installation of the ATM, Contractor shall compensate the City as provided in Schedule "C"hereto and within the times set forth in Section 2.2 below. 2.2 Method of Payment. Contractor shall be solely responsible for collecting any compensation provided under Schedule"C"from ATM customers or their respective financial institutions. By no later than the fifteenth(15th) day of each month of the term, including the fifteenth (15th) of the month following termination of this Agreement, Contractor shall pay to City all fees do City under Schedule "C" for the immediately preceding month, which payment shall be accompanied by an itemized statement showing the number of customer transactions completed from the ATM." 3. Exhibit "A" to the Agreement entitled "Scope of Services" shall be amended to add the following Paragraphs "D" and "E" immediately following Paragraph "C" therein, with all other provisions of Exhibit "A"remaining unchanged and in full force and effect: "D. By no later than June, 30 of each year of the term of this Agreement, and including June 30 on the year following the termination of this Agreement, Contractor shall provide a financial statement audited and certified by an authorized officer of Contractor, confirming the number of transactions performed and fees generated from the ATM under this Agreement. Should the audited statements show.any underpayment by Contractor to City, Contractor shall pay such difference to City within ten(10) days of City's demand therefor plus three percent (3%) of such underpayment. Should the audited statements show any overpayment by Contractor to City, City shall reimburse Contractor for the actual amount of such overpayment as a credit to the following month's revenues due to City, provided such overpayment is confirmed by the Contract Officer. E. On or before 1'K-2,\ , 2001, Contractor shall replace the ATM at the Airport with a new, ATM that incorporates the most recent advancements in technology and design in ATMs. At least three (3) days before Contractor installs the ATM, Contractor shall first contact the Contract Officer to coordinate a convenient time and date to remove the existing ATM and install the new ATM. Contractor warrants that the work for removal and installation of the ATMs shall be performed in no more than two (2) consecutive days. Contractor shall assure that all such work is performed in a manner so as to minimize any disruptions or interference of Airport operations, including but not limited to, Airport pedestrian traffic. Contractor shall IRV 414123 v1 _2_ further assure that any work performed hereunder shall be in a competent, professional, and clean manner. Contractor shall completely clean all construction equipment and materials upon completion of the work." 4. Exhibit"C" to the Agreement entitled"Schedule of Compensation" shall be amended in its entirety and replaced with Exhibit"C" attached hereto and incorporated herein by this reference. 5. Due Execution. The person(s) executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and(iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. Full Force and Effect. The parties further agree that, except as specifically provided in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the �ij�day of November, 2001. "City" NEST: CITY OF PALM SPRINGS, CALIFORNIA By: Clerk City Manager REVIEWED AND A OVED: City Attorney "Contractor" PA DESERT NATIONAL BANK, a Nation anking Association Name: �« Title: — ct, IRV#14123 v1 -3- •J IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. TTEST: ' CITY OF PALM SPRINGS, CALIFORNIA City lerk — - City Manager APPROVED AS TO FORM: City Atto ney a CONTRACTOR: 2i4n Ups i�rzo vpr, �,g�, R �/ (Check One: individual, partnership, corporation) (NOTARIZED) By: (-V !J�) Signature } Print Name and Title (NOTARIZED) By t✓ M'� G�1\�5 w � �C 4✓nS� Signature Print Name and Title MailingAddress: t (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 Financial Officer.) End of Signatures 1 - ':5 CALIFORNIA ALL-PURP09 ACKNOWLEDGMENT r •C���^ �2:..�i :.�<�',_:�_=>�m--,aer. —�^ -A�.�a--y=y �7%�' ,-�„os .o�:>r��-�o•no%-�—��1>u;r,��: -.. "�.�.�_. cl State of14, 7 County of i ilZ `(Y On 3 �,�K—JD% before me, l'r � l Dale Name and Tide of Office,(a gf,"Jane Doe,NolarV,Publid') i2 S, personally appeared it( �J 0)7 it, Name(s)of Signer(s) �)5 s', y personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person'( ? whose name Is/ Tb subscribed to the within instrument ?] and acknowledged to me that he/S#fe/t*y executed the 2 I same in his/I�r/t1Air authorized capacity(b`s), and that by his/hey/their� signature.Kon the instrument the person(k), -'�)�; �uoou u�u uuua.ueeuuuuuuo uou000u ueouuuuueun lie ' c iN �"°" SHEILAD.MORENO or the entityupon behalf of which the erson�`Q acted, af" "^ Comm. #1201271 P P ,)] d;. . ,�yR Notcfry public-CaliforNnb executed the instrument. <> jl lay � ;�,+ • Riverside County I,,)r a�-,�e My Commission Ex Tres �, November8lh, 2�2 WITNESS my hand and official seal. 99 'n unenurrernnrereueeereeueeuwre noe" <i n Signature of Notary Publitic o g d� ;B — OPTIONAL �i5 ri Though the Information below 1s not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document /')I II.1 .,r Description of Attached Document ' c fr' ¢I Title or Type of Document: dl�Tc�rnrTe-- ii- n —1 C,9 V\)NJn dri,aE, 6�0� two b=gyt0,n;�" 3\�7 3�r,7 » f 1 0� <� Document Date: —�h�Y�Af DV1�"�� � -c��7C�G Number of Pages: "rl "CE Ct v�.� �c 'd'Ck4vve 5��6��, �t�illl�r':P7vaC� y)7 i" 9 ( ) �. 'Vr� 4��02.�c_ o� l�nitbFf rJIG 4U 1 "� T 1-O(U))-j Si ner s Other Than Named Above: itsi l�AICV`S lr�Tt\ioti=a-! RIB ori 5U3 Fr SorJ Capacity(ies) Claimed by Signer(s) l Signer's Name: �Pt�(�4 )��w)�'� Signer's Name: j ❑ Individual ❑ Individual }I ❑ Corporate Officer ❑ Corporate Officer yn Title(s): Title(s): ,.)S S ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General �I ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ;1 ❑ Guardian or Conservator ❑ Guardian or Conservator l a; . JK Other: Tap of thumb here ❑ Other: Top of thumb here Ir, 1 If, bJ Signer Is Representing: Signer Is Representing: i ji OO 1995 National Notary Assoslation•8236 Remmet Ave,PO Box 7184•Canoga Park,CA 91309-7184 Pord.No.5907 Reorder:Call Toll-Free 1-800A78-5327 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT c State of i ' 1 t R)12Jjf(4 ifs r [ Countyof < OIn 1�>F_o1rokerP, I 1aoo4 before me, Oete Name and Title of OPooar(e.g "one Doe,Notary Publ ") S�1 personally appeared���di�n�pl1 (e Name(s)of Slgneds) (,7j Vpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person( �f whose name( is/*subscribed to the within instrument and acknowledged to me that Ue/she/Carey executed the same in'hfs/her/toligir authorized capacity(iEs), and that by D /her/tfls'lr signature(�on the instrument the person, 1� �e llluunuulu SHEIL lY M Iell000ueoo� 1 sHEl�q p. nnoRENo or the entity upon behalf of which the person acted, acted, Comm. #1201211 S,)I Nof.0 Public-Californlcrb executed the Instrument. Riverside County r �, •� ew,�r MyCNovemberat8tli 2'�(M WITNESS my hand and official seal. Al (> @: M- MMIMMI I I I MIIMI MM IIIMMM I I I I I M An , <� Signature of Notary Public { — OPTIONAL tC <' Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent >> t; fraudulent removal and reattachment of this form to another document. ' Description of Attached Document jrAMa_r.)0MC,,JT 1jJ.' To �OiJ�f'(zu' Yi SEy�VIC'l-.� 6�n_A,EGtmEr�7i Title or Type of Document: (!a-u6t l Te-I M r-aa fr ,f .axIl h f N0 Si CA liti IOD 3`% uU �0 T+ Document Date: ��JY7V(�tyll���3t (� l a Number of Pages: rIV6`, ' �> -- Lt3..� '0$ , Cam'>Ie�OP-cJvfi�. : Signer(s) Other Than Named Above: �e t .L1 I�i�c i i �Y1914tJ �� N o W 0-7 ToQmf y �7 �P�Iur, O�s�z� fUt�rrt�.n�RV1��tik ��atii�AB � i'dlilh. � Capacity(ies) Claimed by Signers) Signer's Name:��1oN01� Wfl ���K� Signer's Name: 91 <n r'. �(i ❑ Individual El Individual y El Individual Officer El Corporate Officer 01 �� Title(s): Title(s): j ❑ Partner—❑ Limited ❑ General ❑ Partner—1-1 Limited ❑ General �n ElAttorney-in-Fact ❑ Attorney-in-Fact j << El Trustee El Trustee ❑ Guardian or Conservator El Guardian or Conservator ;» ti .Other: aS�.,e"'C.�IRYI i�RJ Top of thumb here ❑ Other: Top of thumb here j'il ai WW I(-1 f;l Signer Is Representing: Signer Is Representing: i�" _� .. .,� v-.vw�wC�'�`J`v''✓v_.. +,✓3��.;._:.e:mow.,:.:....a:;:S==z.✓y,=- --=:i.��•G -✓� _,.�Cti'-'J✓��ip.^�g�ry'i'2 01995 National Notary Association•8236 Format Ave P0.Sox 7184•Canoga Park,CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 Palm Desert National Bank Name: Randal D. Miller Title: President/ coo EXHIBIT "C" SCHEDULE OF COMPENSATION Contractor's Compensation: Contractor shall receive a convenience fee of$2.00 per customer transaction on any and all ATMs installed within the Airport under this Agreement. The $2.00 transaction charge will not be paid by City. Any increase in said convenience fee during the term hereof shall be stipulated in writing and agreed to by both parties. Citv's Compensation: Contractor shall pay to City, within the times and manner set forth in Section 2.2 herein, a fee of$35 per customer transaction on any and all ATMs installed within the Airport under this Agreement. r IRV 914123 v 1 -4- Palm Desert National Bank . Airport ATM Supply & Service AGREEMENT #3990 M06169, 6-17-98 CONTRACT SERVICES AGREEMENT FOR AUTOMATED TELLER MACHINE SUPPLY AND SERVICING THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this ''/, day of aL[�v2i 1998 by and between the CITY OF PALM SPRINGS, a municipal corporate n, (herein"City")and PALM DESERT NATIONAL BANK, a National Banking Association (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the 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. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until NQ 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, ORIGINAL BAD ANDIOP AGREEMENT papers,documents, plans,studies and/or other components thereof to prevent losses 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 underthis 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 five percent (5%) or less of the Contract Sum, or in the time to perform of one hundred eighty(180)days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the 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 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st) working day of such month. Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. Page 2 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires, earthquakes,floods, epidemics, quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the 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 for three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance. Contractor shall have the option to extend the term of this Agreement for one period of three (3) years upon providing City with ninety (90) days written notice. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: dPalm Desert National Bank Attn: Iie#ard LevinE SA A H ra rz: r-r c 73745 El Paseo Palm Desert, CA 92260 (760) 340-1145 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 Page 3 l Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this.Agreement. Therefore, Contractor shall not 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. 4.4 Independent Contractor. Neitherthe 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 contractorwith only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFi1CATION 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) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either(i) a combined single limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and$100,000.00 in the aggregate. If the Contract Sum is greater than $25,000.00 but less than or equal to$100,000.00, the policy of insurance shall be in an amount not less than either (1) a combined single limit of $1,000,000.00 for bodily injury, death and property damage 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 and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. Page 4 (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 $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. 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 cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or 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, orarising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly 190 responsible to the City, and in connection therewith: Page 5 , (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 anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action 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 Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the 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 Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 60 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the 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 Page 6 providing design services,the estimated increased or decreased cost estimate forthe project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause }, and to any legal action, and such compliance shall not be a waiver of any party's right to take legal "r Page 7 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 Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of zero dollars ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as Page 8 the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. 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 of termination without cause pursuant to this Section, the terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, 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 setoff or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under 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. Page 9 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 10.0 NON-DISCRIMINATION & FAA REQUIRED CLAUSES 10.1 Tenant for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree "as a covenant running with the land" that in the event facilities are constructed, maintained or otherwise operated on the said property described in the lease for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements impose pursuant to Title 49, Code of Federal Regulations DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Page 10 Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 10.2 The Tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree"as a covenant running with the land" that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits, of or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3)that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 10.3 That in the event of breach of any of the above nondiscrimination covenants, landlord shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. 10.4 Tenant shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or services; provided that the Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers. 10.5 Non-compliance with Provision 4 above shall constitute a material breach thereof and in the event of such non-compliance the Landlord shall have the right to terminate this lease and the estate hereby created without liability therefore or at the election of the Landlord or the United States either or both said Governments shall have the right to judicially enforce provisions. 10.6 Tenant agrees that is shall insert the above five provisions in any sublease or contract by which said Tenant grants a right or privilege to any person, form or corporation to render accommodations and/or services to the public on the premises herein leased. 10.7 The Tenant assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. The Tenant assures that it will require that its covered sub-organizations provide assurances to the Tenant that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E, to the same effort. 10.8 The Landlord reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the Tenant and without interference or hindrance. Page 11 10.9 The Landlord reserves the right, but shall not be obligated to the Tenant to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct ,and control all activities of the Tenant in this regard. 10.10 The Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the Landlord and the United States, relative to the development, operation or maintenance; of the airport. 10.11 There is hereby reserved to the Landlord, its successors and assigns,for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein (leased, licensed, permitted). This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Palm Springs Regional Airport. 10.12 Tenant agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulation in the event future construction of a building is planned for the leased premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the leased premises. 10.13 The Tenant, by accepting this, expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the land leased hereunder above the mean sea level elevation of 530 feet. Landlord reserves the right to enter upon the land leased, hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Tenant. 10.14 The Tenant, by accepting this Lease, agrees for itself, its successors and assigns that it will not make use of the lease premises in any manner which might interfere with the landing and taking off of aircraft from palm Springs Regional Airport or otherwise constitute a hazard. In the event the aforesaid Covenant is breached, the owner reserves the right to enter upon the premises here leased, and cause the abatement of such interference at the expense of the Tenant. 10.16 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.0 '1349a). 10.17 The lease, and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or national emergency. Page 12 0 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY F`PALM SPRINGS, a m nicipal corporation 9 By: _ti.: City Clerk- City Man ge/ APPROVED AS TO FORM: RUTAN & TUCKER David J. A( Shire City Attorney CONTRACTOR: By: Name SAd i5 L /-L Title: U 0 By: r P ""W" � — � `/�o Names �jevT'�•`'C��rc'e Title: Address: 23- 2L✓.�— Page 13 i 0 EXHIBIT "A" " SCOPE OF SERVICES Contractor agrees to provide the following services at the Palm Springs Regional Airport: A. Installation of ONE (1) IDiebold 1064 or 1060 ATM. B. Service and maintenance of the ATMs are as follows: (i) Any and all maintenance to be provided at Contractor's sole expense. (ii) Cash replenishment to be provided by Contractor on an as-needed basis. (iii) Alarm services to be provided by Contractor and to be connected to local law enforcement offices (Airport Control Center). (iv) ATM hardware maintenance to be supplied by Contractor at Contractor's sole: expense. (v) Cash up to a maximum of $100,000.00 for each Diebold 1064 or 1060 ATM. (vi) Contractor shall pay for the cost of the phone line used by the ATM, except the phone: line for the alarm system. C. City will provide all required power and telephone lines for the alarm system to the Airport Control Center. i EXHIBIT "B" SPECPAL REQUIREMENTS 1. Section 5.3, Performance Bond, Section 6.3, Ownership of Documents, Section 6.4, Release of Documents and Section 7.7, Liquidated Damages are hereby waived. EXHIBIT"C" _ ' SCHEDULE OF COMPENSATION Contractor shall receive a convenience, fee of $1 .50 per customer transaction on any ATM described hereinabove. The $1 .50 transaction charge will be charged to the ATM customer's account and will not be paid by City. Any increase in said convenience fee during the term hereof shall be stipulated in writing and agreed to by both parties. EXHIBIT "D" SCHEDULE OF PERFORMANCE The performance schedule for the Scope of Services outlined in Exhibit "A" shall be as follows: A. Installation of ONE (1) Diebold 1064 or 1060 ATM has been completed under previous agreement. B. Service and maintenance of the ATM shall be conducted on an as-needed basis. C. City has provided all required power and telephone lines for the alarm system to the Airport Control Center. AI:111:1/© CRTIN=ICA 8 ISSUE GATE (MMI00lYl')8/11/199.. . ., PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Financial Guaranty Iris Brokers DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 709 East Colorado Blvd. , #230 POLICIES BELOW. Pasadena, CA 91101-2125 COMPANIES AFFORDING COVERAGE (818) 793-3330 Fax(818) 793-1886 L6TMIEPRNY A CIGNA INSURANCE COMPANY ...................I...... ................ COMPANY B HARTFORD INSURANCE GROUP ETTER INSURED PALM DESERT NATIONAL BANK COMPANY C 73-745 EL PASEO E ER 1( J- PALM DESERT CA 922606-4328 COMPANY LETTER D COMPANY E - LE TER 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 POLICY EFFECTIVE 'POLICY EXPIRATION LIMITS LTA' DATE (MM/DD/YY) DATE(MMIDDNY) A i GENERAL LIABILITY GENERAL AGGREGATE $ 2, 000, 000 X COMMERCIAL GENERAL LIABILITY D34059196 PROD UCTSCOMP/OP AGO, I$ 2, 0 0 0, 000 CLAIMS MADE X OCCUR. ;0 7/01/9 8 0 7/01/9 9 PERSONAL b ARV. INJURY $ 1, 000, 000 OWNER'S d CONTRACTOR'S PROT, EACH OCCURRENCE $ 1, 000, 000 FIRE DAMAGE(Any one lire) $ 10 0, 000 MED.EXPENSE(Any one person)',$ 5, 0 0 0 AUTOMOBILE LIABILITY :COMBINED SINGLE A X ANY AUTO H06380463 LIMIT $ 1, 000, 000 ALL OWNED AUTOS :07/01/98 07/01/99;BODILY INJURY ,$ .SCHEDULED AUTOS ;(Pet perwn) X HIRED AUTOS BODILY INJURY $ X .NON-OWNED AUTOS :(Pet accident) GARAGE LIABILITY PROPERTY DAMAGE '$ .EXCESS LIABILITY EACH OCCURRENCE I,$10, 000, 000 A' X UMBRELLA FORM 018894609 .07/01/98 ' 07/01/99 AGGREGATE $10, 000, 000 OTHER THAN UMBRELLA FORM . . ......................... .. .. ....................... . . . ........... . . ........ WORKER'S COMPENSATION X STATUTORY LIMITS B AND_ _ - 72WEEZ3289 0 9/22/97 _ _0.9/-22/-9 EACH ACCIDENT $ _1, 000,1000_ DISEASE-POLICY LIMIT ;$ 1, 000, 000 EMPLOYERS'LIABILITY : DISEASE-EACH EMPLOYEE $ 1, 000, 000 ... '.. ..... .. ...... . .. . . . .................. ......... OTHER . ....... .... ................................ .............. . . . . . . .................... ................., DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN AUTOMATED TELLER MACHINE, SUPPLY & SERVICE, A3990 CE}TTIFICATE:Mt1CDER :r'.� '.rrOANCLCLATI©AI ... ... ........ ..... ... . ... .. .. .. . ... ..... . . . . . . . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO :.: MAIL 6 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF PALM SPRINGS LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CITY CLERK LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. P O BOX 2743 AUTHORIZED REPFIR ENTATIYE PALM SPRINGS CA 92263-2743 R,E3."COHRORATIO i99D... ... . .r :.t ....... ISSUE DATE (MMA)DtM . CESTI .l. V� IlNSU tANC 7/10/1998 PRODUCED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Financial Guaranty Iris Brokers DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 709 East Colorado Blvd. , #230 POLICIES BELOW. Pasadena, CA 91101-2125 COMPANIES AFFORDING COVERAGE (818) 793-3330 Fax(818) 793-1886 °CRY A CIGNA INSURANCE COMPANY . ..... ............... COMPANY B ...,........ - INSURED LETTER PALM DESERT NATIONAL BANK COMPANY C _�- 73-745 EL PASEO LETTER PALM DESERT CA 922606-4328 COMPANY _ LETTER D COMPANY E LETTER .iCOV.ERAGES;' .... ....., .... . . ... 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRj DATE (MMIDDNY) DATE(MM/DDNY) A.GENERAL LIABILITY GENERAL AGGREGATE $ 2, 000, 000 j $ COMMERCIAL GENERAL LIABILITY ; D34069196 j PRODUCTS-COMP/OP AGG, ,$ 2, 0 0 0, 0 0 0 j CLAIMS MADE X OCCUR, :07/01/98 07/01/99,.PERSONAL A ADV.INJURY $ 1, 000, 000 OWNER'S&CONTRACTORS PROT. EACH OCCURRENCE $ 1, 000, 000 FIRE DAMAGE(Any one fire) $ 10 0, 000 MED.EXPENSE(Any one perwn) S 5, 000 AUTOMOBILE LIABILITY ,COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS : '(Per perwn) ,$ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE I$ EXCESS LIABILITY EACH OCCURRENCE 'S .,. ..................... ........... UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM .. . ...................... .. . . .. WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT S AND .......... . . . - - - - - --. - - ----"—'DISEASE--POLICY LIMIT- --- EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE $ OTHER ............................................... .. .. .: . ................. ....... DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS NAMES AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN AUTOMATED TELLER MACHINE, SUPPLY & SERVICE, A3480 CERTIFICATE:::HOLDER. ') SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF PALM SPRINGS LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CITY CLERK LIABILITY OF ANY KIND UPON IHE COMPANY, ITS AGENTS OR REPRESENTATIVES, P 0 BOX 2743 '.,'!AUTHORIZED REPR NTATIVE PALM SPRINGS CA 92263-2743 `AGSfHO R6.S'r(7196) is i'r i'r ' ;... ' AC¢R,p:'CORP¢RAT10N ifl9p;: