HomeMy WebLinkAboutA3883 - INTERMODAL TRAIN RAILWAY MINI BUS SUPER SHUTTLE ONTARIO Mini-Bus Sys. , Inc. , dba
+Super Shuttle Ontario
Airport/Rail Surface Transp.
AGREEMENT #3883
CITY OF PALM SPRINGS M06062, 12-17-97
CONTRACT SERVICES AGREEMENT FOR
AIRPORT/RAIL SURFACE TRANSPORTATION SERVICES
f HIS CO TRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this
day of 1991, by and between the CITY OF PALM SPRINGS, a municipal corporation,
(herein "City") and Mini-Bus Systems, Inc., D13A Super Shuttle Ontario, (herein "Contractor"). (The term
Contractor includes professionals perform ng 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
perform ng 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 terns 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,lurisdiction 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, perm is 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 Familianty 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 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,
rS:r`]6m>hTN-A%lu^I(LGtiJ'_ 6IIL94
Revwcl: IO.ro'9] 1
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 ofParties. 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, neRther 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
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B., and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions
of this Agreement, the provisions of Exhibit "B" shall itovern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall
be compensated in accordance with the "Scledule of Compensation" attached hereto as Exhibit "C" and incorporated
herein by this reference, but not exceeding the maximum contract amount of—N/A
($ ) (herein "Contract Stun"), except as provided in Section I.S. The method of compensation
may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of
completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in
the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified
in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and
no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be
entitled to any additional compensation for attending said meetings.
2.2 Method of Pavment. Unless some other method of payment is specified in the Schedule
of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1st)working
day of such month, Contractor shall submit to the 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.
M2761099994t000/!l60614.2 6I14/96
Revird: I0C 197 2
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence, Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by
this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (I80) 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, tires, 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 performimg 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, Exhibit D.
4.0 COORDINATION OF WORK:
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
FAZIBOSTAJANI
General Manager
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 Otficer. 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 oul the terms of this Agreement.
FSJ'_]6/099�YN-lIX%1/ll(-0(WJ] 6/I4106
a��,xa 10/M/97 3
4.3 Prohibition AgainstSuhcontractineorAssi_mment. 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 the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with
offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts
to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required.
In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the
Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local
Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing
advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor
shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any control
over the manner, mode or means by which Contractor, its agents or employees, perform the services required
herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent contractor of City and
shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with
that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner
of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in
a form and content satisfactory to Citv, 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. The policy of insurance shall be in an amount not less than
either (i) 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 $5,000,000 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
Rev, IO/Mg? 4
injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor
in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$500,000 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 insureds, 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 appropnate endorsement) and shall
conform to the following 'cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL ADVANCE 30-DAY
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN.
Agent Initials
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
F.92P761&9 -i X]P[W(Y4'_
• •
from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers,
agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct
of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions tiled in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
connection therewith;
(b) Contractorwill promptlypay anyjudgment rendered againsttheCity, itsofficers,
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 tiled 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' fens.
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. (See Exhibit D) 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 Sufficienev of Insurer or Suretv. 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 Ratmg 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 Director of Administrative
Services or designee of the City ("Director of Administrative Services") due to unique circumstances. In the event
the Director of Administrative Services 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 Director of Administrative Services; provided that the Contractor shall have the right to
appeal a determination of increased coverage by the Director of Administrative Services to the City Council of City
within ten (10) days of receipt of notice from the Director of Administrative Services.
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, it 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.
rS'J]lR/IMYNNM5000/]If4hYJ'_ 6/I4/96
Revd 10/'_0/99 6
r
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 AGREERIENT
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 su sitting 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 inlured 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 heroin shall limit City's or the Contractor's right
to terminate this Agreement without cause pursuant to Section 7.5.
7.3 Retention of Finds. 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 oinissions in performing or failing to perform Contractor's obligation tinder this Agreement. In the event that
any claim is made by it third party, the amount or validity of which is disputed by Contractor, or any indebtedness
shall exist which shall appear to he the basis for it claim of lien, City may withhold from any payment due, without
[`=760Y1m ..l 1210R,Ng- 6114 46
IZ.m 10/ rN7 7
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 onussion in the exercise of any right or remedy by a non-defaulting
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 Rishts 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 Let!al Action. In addition to anv 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 Damaves. 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 as
N/A ($ )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 nonce may be such
shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall iminediately cease all
services hereunder except such as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall he 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 Defmuh of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations Linder 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 umtigate such damages), and City may
GS'_C"16/INN'}YJ LIW/a C{Mit4] 6/14196
Rcv,rcd: 10/M97 8
r •
withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City
as previously stated.
7.(0 Attomevs' 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 Emplovees. 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 ongin, 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 mad, 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
FS2;^_76/INN4)-"0M12INW4'- 6/14,96
R..,,.d: m/.v/oi 9
Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument
in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
_ /�. L; City Manager
� v City Clerk G
APPROVED AS TO FORM: CONTRACTOR:
_ By:i'c%..Z. o`��ea G,h 4S8.vU'CctE � ° tLt�nc:�c]x�
t Attorney Name any Title �)
By:
Name and Title
Address: d 1�� C . 5Y C S )L;%
r5'J'_]61�JOW/_l6 42 6114/06
R--i 10/ 109 to
EXHIBIT "A"
SCOPE OF SERVICES
1. Contractor to provide a transportation system which will consist of shuttle vans, with executive sedans
(similar to the Lincoln Towncar) and limousines if a higher level of service is desired by the traveller, to
designated locations, within the City of Palm Springs. It shall be a per person shared-ride flat fee fare
system for the shuttle, with pricing options for large groups. The shuttle will have a regular schedule for
rail arrivals/departures, plus an on-demand component.
2. Contractor to provide transportation services to the following designated areas:
- The Palm Springs Regional Airport
- The Palm Springs Rail Station
- The Palm Springs Convention Center
- The Palm Springs Aerial Tram
- The Oasis Water Park
- All Palm Springs Hotels
- All Palm Springs Residences
3. The transportation system shall include the assignment to man and operate exclusive customer service
counter space at the Palm Springs Regional Airport and provide(based on flight and rail schedules) service
to Palm Springs hotels that request said service. Contractor will provide the following services to the Palm
Springs Regional Airport and the Palm Springs Rail Station:
- Demand responsive shared-ide flat fee van services
- Reservation and dispatch center
- On-site curbside guest coordination
4. The system shall include at least three(3) CNG-powered multi-passenger vans, including at least one (1)
vehicle in ADA compliance, and executive sedan and limousine service as required. Shuttle vans shall
have a minimum seating capacity of seven(7)persons, with the ADA vehicle(s)having a minimum seating
capacity of four(4)persons and executive sedans and limousines having a minimum seating capacity of five
(5) persons, plus baggage space for all vehicle types as described in Exhibit "A" item 5. Service shall
commence on the effective date of the Agreement except that the Contractor shall have nine (9) months
from the date of the Agreement to comply with the requirement for CNG-powered vans, which may be
subcontracted as provided in Exhibit 'B" item 3. The Contractor may subcontract for vans or buses to
transport large groups for special events purposes, as provided in Exhibit 'B" item 3. All vehicles shall
have a maximum age of four (4) years for the initial contract period, and three (3) years for the second
term, if this Agreement is renewed.
5. The vehicles utilized in transport between the airport/rail station/hotels shall have adequate baggage space,
i.e., a minimum of space to accommodate the maximum number of checked bags and carry-on luggage per
person allowed by the major airlines, including golf bags. All baggage shall be protected from inclement
weather. If the baggage allowance is exceeded, an excess baggage charge of$1.00 per item will apply.
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
11
EXHIBIT "A"
SCOPE OF; SERVICES CONTINUED
6. The City reserves the right to inspect any or all of Contractor's vehicles being utilized to provide the
services of this Agreement. City may delegate the inspection to other appropriate entities. Random
inspections may be conducted on-site or at a designated location and will be performed by the City or its
designee. In the event any vehicle fails an inspection, the vehicle shall be repaired and reinspected within
30 days. The vehicle may remain in service unless the item is determined by the inspector to be a safety
hazard. The City may order a vehicle out of service until corrected, at which time the Contractor shall
provide an alternative vehicle. In the event of repeated violations (more than 3 incidents in one 1 year),
City may order the vehicle permanently replaced, or terminate this Agreement.
7. Contractor shall maintain a set of conduct rules and regulations for all of its employees and shall prescribe
a uniform (dress code) for all employees, with the approval of the Contract Administrator.
8. Contractor shall maintain an office at a fixed location in Palm Springs and shall be listed in the telephone
directory, to be manned 24 hours a day, 7 days per week, to take necessary action regarding all inquiries
and complaints. The customer service counter space manned and operated at the Palm Springs Regional
Airport may serve as the fixed office location. An answering service shall be considered an acceptable
substitute to full time 24 hour coverage, provided Contractor is advised of any complaints within one hour
of receipt of such complaint by the answering service. During normal working hours, the Contractor's
employee responsible for providing maintenance services shall be available for notification through a pager
or answering service.
9. Contractor shall maintain a written log of all complaints, showing the date, time received and action taken,
or reason for no action. The log of complaints shall be open to the inspection of the Contract
Administrator at all reasonable times, and shall be copied and sent to the City when requested by the
Contract Administrator.
10. All complaints shall be abated as soon as possible after receipt, but in all cases within 48 hours, to the
satisfaction of the Contract Administralor. If any complaint is not abated within 48 hours, the Contract
Administrator shall be notified immediately of the reason for not abating the complaints, followed by a
written report to the Contract Administrator within five (5) days.
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
12
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. Liquidated damages are not applicable to this Agreement.
2. The requirement for a Performance Bond is waived for this Agreement.
3. Section 4.3 is modified by the addition of the following sentence: Contractor may subcontract, subject to
the approval of the Contract Administrator, to provide for CNG vehicle requirements and limousine
requirements of this Agreement. The Contractor may also subcontract with a Palm Springs Regional
Airport permitted operator, subject to the approval of the Contract Administrator,to provide vans or buses
to transport large groups for special events purposes. The subcontractor shall enter into an agreement
incorporating the terms hereof, and shall be subject to all applicable requirements.
EXHIBIT "B"
TO CONTRACT SERVICES AGREEMENT
13
EXHIBIT "C"
SCHEDULE OF COMPENSATION
1. The Contractor will pay a Privilege Fee for services in the amount of one percent (1%) of gross revenues
originating in the City of Palm Springs (excluding the Airport) with a minimum annual guarantee of
$8,000, whichever is greater, to the City of Palm Springs.
2. The Contractor will pay a Privilege Fee for shuttle services in the amount of one percent (1%) of gross
revenues originating at the Palm Springs Regional Airport with a minimum annual guarantee of$10,000
whichever is greater, to the Palm Springs Regional Airport. Higher levels of service shall pay the existing
ground transportation permit and access fees for the applicable form of transportation as prescribed in the
City's Comprehensive Fee Schedule.
3. On or before the 20th day of each month following the commencement of the term of this Agreement, and
on or before the loth day of the month next following the expiration date of the term hereof, Contractor
shall submit separate monthly Statements of Gross Revenues with Gross Revenues Privilege Fee
computations for (1) gross revenues originating in City of Palm Springs (excluding the Airport) and (2)
gross revenues originating at Palm Springs Regional Airport. (see items 1 & 2 above)
4. The final percentage fee payment made each year shall be adjusted so that Contractor's fee payment for
the year is the greater of the minimum annual guarantee for the year or 1% of Gross Revenues for the year.
5. Contractor shall furnish a security deposit of $4,981.50, equal to 1/4 of $18,000 minimum annual
guarantees (3 months) plus 1/4 of$1,926 annual rental fee(3 months) for customer service counter space
at the Palm Springs Regional Airport. Security deposit will remain in an interest bearing account
throughout the tetra of the Agreement period,with interest payable to the Contractor. Said security deposit
shall be maintained in place to guarantee space rental and privilege fees required under this Agreement.
In the event any payment hereunder is not made when due, City may deduct such amount from the deposit.
Contractor shall promptly restore the deposit to the original sum.
6. Customer Service Counter Space Fee - The rental rate for exclusive use customer service counter space
has been determined by the City pursuant to its terminal building lease with the certificated airlines. The
annual rental shall be based on 120 square feet at$16.05 per square foot, which is the sum determined by
multiplying the square footage of its counter area for each agreement year by the annual rate for exclusive
use space. The Contractor's fee for customer service counter space will be $1,926 per year.
7. As provided in Exhibit "B"Item 3, the Contractor may subcontract with a Palm Springs Regional Airport
permitted operator to transport large groups for special events. Said subcontractor shall pay all applicable
permit and access fees as prescribed in the City's Comprehensive Fee Schedule.
8. Failure to pay any amount due hereunder within 30 days following due date shall accrue interest at the rate
of 1% per month thereafter.
9. In the event Contractor fails to meet the Schedule of Performance, Contract Administrator may penalize
Contractor $50 per violation, which amount shall be payable within 30 days following Contract
Administrator demand therefore.
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
14
EXHIBIT "C"
SCHEDULE OF COMPENSATION CONTINUED
10. The per person shared-ride flat fee one-way fare schedule imposed for the shuttle by the Contractor is:
# Orinination/DestinatforL 1 2 3 4 5 6 7
1 Palm Springs Region.)Aire t 1 $0 $8 $5 $9 $5 $5 $8
2 Palm Spnng.Rad Sta on 2 $6 $0 $7 $9 $7 $7 $9
3 Palm Spnng:cpmennoo c~ 3 $5 $7 $0 $9 $7 $5 $8
4 P.ImSpdng.A.n.Pham 4 $9 $9 $9 $0 $9 $9 $9
5 0."WatwP.h 5 $5 $7 $7 $9 $0 $7 $9
6 Palm Spnnga Hotels 6 $5 $7 $5 $9 $7 $5 $9
7 Palmspmp.R.,d.nd. 7 $8 1 $9 $8 $9 $7 $9 $l0
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
15
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
1. The system shall operate, at a minimum, daily from the first to the last flight arriving or departing at the
Palm Springs Regional Airport. Operations shall be scheduled to move passengers to and from the Palm
Springs Regional Airport to Palm Springs hotels and between the Palm Springs Regional Airport and Palm
Springs Rail Station based on train and flight schedules. Train schedules and telephone numbers for
Amtrak will be provided by the City of Palm Springs to the Contractor.
2. The transportation system shall include a specific assignment(a) to meet all passenger trains (arriving and
departing) and run from the train platform to the Palm Springs Regional Airport and(b) to meet all flights.
All arriving trains shall be met immediately upon arrival and all arriving flights shall be met within ten(10)
minutes of arrival.
3. The Palm Springs Regional Airport will provide a minimum of one (1) priority parking space on main
island and two (2) spaces north of the baggage claim area. At such times as operations require in excess
of three vehicles on the Airport, the Contract Administrator may allow additional vehicles to use the
planned Ground Transportation Remote: Staging Facility or at a location to be designated by the Contract
Administrator.
4. The Contractor shall provide shuttle, executive sedan, and limousine on-call services within the Palm
Springs City limits with a maximum response time of 20 minutes. Contractor response time to walk-up
customers requesting shuttle services from the Palm Springs Regional Airport to destinations within the City
of Palm Springs shall be a maximum of 20 minutes.
5. The term of this Agreement is for four(4) years. If Contractor wishes an extension of the Agreement after
such time, Contractor shall make a written request to the Contract Administrator at least 180 days prior
to the expiration of the Agreement. In considering whether to extend the Agreement, City or Contractor
may renegotiate any terms of this Agreement deemed appropriate. The Agreement may be extended by
the City for up to three (3) years but only with the acceptance of Contractor.
EXHIBIT "D"
TO CONTRACT SERVICES AGREEMENT
16
12/30/1997 12:52 5197022063 JOHN BURNHAM TRANS. PAGE 02
r�+r..w,.,�e�-�,•Pr+� 7 Z/30/97 1 '
ACORD, 7i �1'1r L'Cr!#I ���'t1illli
PRODUCER 619-231-1010 THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
B10 West Ash SLfBBt HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 2910 COMPANIES AFFORDING COVERAGE
San Diego, CA 92112-2910 --
COMPANY rump E&5 INDEMNITY CO.
Crump fUNIp & OF Calif.
WEURED FILL INSURANCE CO. -- -" —
COMPANY B Crump E &S Of Calif,
Mlni-BUs Systems, Inc. COMPANY
DBA: Super Shuttle of Ontario C
1222 East Holt Blvd. COMPANY
Ontario CA. 91761 D
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,
EXCLUSION$AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO Tyra bP INSURANCE POLICY NUMBER POLICY ETPECTME POLICY EXPIRATION
N LIMITS
LTA DATE IMMAIOYI DATE IMM/DD/YYI
GENERAL LIABILITY GENERAL AGGREGATE /
COMMERCIAL GENERAL LIABILITY PROOUC rS-COMPIOP AOG
CLAIMS MAD! O OCCUR PERSONAL S ADV INJURY
OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE I
FIRE DAMAGE(Any om fln) I_ rn
MED EXP(Any onE Sown) I
q AUTOMOBILEMINUFY CA10003130 9/27/97 9127/98
COMBINED SINGLE LIMIT I
ANYAUTO 7000000
ALL OWNED AUTOS
BODILY INJURY 1
X SCHEDULED AUTOS Ihrpmon)
HIRED AUTOS BODILY INJURY
NON-UWNED AUTOS IPv Ac.IdmO
PROPERTY DAMAGE E
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I
ANY AUTO OTHER THAN AUTO ONLY.
EACH ACCIDENT 1
AGGREGATE A
B EXODUS LIASILRY OUL026171 9/27197 9/27/99 EACH OCCURRENCE 1-----4000000
Hx
UMBRELLA FORM
AGGREGATE E
OTHER THAN UMBRELLA FOAM I
WORKERS COMPENSATION AND WC STATU- OTH
EMPLOYERS'LIABILITY
EL EACH ACCIDENT L
THEPfl IIS(RXCU PPEOR' INCL
PARTNERBIEXEOUnvE EL DISEAEE�PULICY LIMIT I__ u
OFNCER9 ARE EXCL EL DISEASE-EA EMPLOYEE I
OTHER
DESCRIPTION OF OPEAATroNSAOCATIONSNlHICLlSIElECLLL ITEMS
FOR PROOF OP INSURANCE COVERAGE ONLY.
ATTN:ALLEN F.SMOOT,A.A.E.
ltLb
„ , IFkThFW ';1DgAVi 1(fIIEFOk #y?NPAY "°; 31(
CITY OF PALM SPRINGS SHOULD ANY OF THE MOVE PESCRISED POLICIES SE CANCELLED SEFOHE THE
EXPIRATION DATE THEREOP, THE DIMLING COMPANY WILL ENDEAVOR TO MAIL
DEPARTMENT OF TRANSPORTATION 30 DAYS YaV TFN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P, 0. BOX 2743 MD'FAAURE TO MAIL SUCH NOTICE SHALL IMPOSE NO DULIDATIDN OR LIABILITY
PALM SPRINGS, CA. 92263-2743 OF ANY 00I THE COMPANY, BRI A ENTA ORA REPRESENTATIVES.
AuxnonG:ED EmmArME
1 � ' I I tux ri,rs ,n `i; 3 xa rI rer
12/30/1997 12:52 G197022063 JOHN BURNHAM TRANS. PAGE 03
ACORD12/30/97
DATE IR M/DD/YYI
�y �! j� yy ,
PSODUCLn 619-231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
610 West Ash Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2910 COMPANIES AFFORDING COVERAGE
San Diego, CA 92112-2910 COMPANY SCOTTSDALE INSURANCE CO.
A CRUMP E&S of Calif.
NSURED
COMPANY .'•.._____._ .. .. _.__.__
B
Mini-Bus Systems, Inc. COMPANY
DBA: Super Shuttle of Ontario C
1222 East Holt Blvd. COMPANY
}^ �ynterio CA. 91701 D
THIS IS TO C B ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAYS 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 I MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMEEq FOUCY!"For"V! POLICY EXPIRATION IDONYI LIMIT!
DATEIMM DATEIMM/DPrfYl
A GENERAL LIABILITY CSL049344 9f27/97 9/27/98 UENEML AGGREGATE I 2000000
COMMERCIAL OENlRAL LIABILITY
S`C� PRODVCTOMPIOP AGG I iQQOOQQ
CLAIMS MADE "J OCCUR PERSONAL&ADV INJURY I 1000000
OWNER'$&CONTRACTOR'S PACT
EACH OCCURRENCE I _ 1000000
FIRE DAMAGE IAnY one 11re) I _ $0000
MED EXP IAn,ane Pofon) 1 1000
AUTOMOBILE LIABILITY
ANY AUTO
COMPARD SINGLE LIMIT 1
.... _....._ ..,.._....____....—
ALL OWNED AUTOS
BODILY INJURY 1
SCHEDULED AUTOS IPer poapnl
HIRED AUTOS — -------- --
aODiLY INJURY
NON-OWNED AUTOS Pb,I eccldeml
PROPERTY DAMAGE 1
OAMOE LIABILITY
AVTO ONLY--EA ACCIDENT 1
ANY AUTO OTHER THAN AUTO ONLY:
_EACH ACCIDENT
AGGREGATE /
EXCESS UAINUTY EACHOCCURRENCE I
UMBRELLA FORM AGGREGATE __ I
OTHER THAN UMSAELLA FORM e
WURXERS COMPENSATION AND WC TATU�6 OTH�
EMPLOYERS'LIAMILITY -. OT ....._..__,
EL EACH ACCIDENT /
THE PROPRIETOR/ ____. ....__.__.., ....
PARTNERS/EXECUTIVE INCL EL DISEASE-POLICY LIMIT /
OFFICERS AREe EXCL EL DISEASE.EA EMPLOYEE e
OTHER
DESCRIPTION OF OPEMTIONBAGCATIONSNlNICIE6/&PECIAL ITEMS
FOR PROOF OF INSURANCE COVERAGE ONLY.
ATTN:ALLEN F.SMOOT,A.A.E.
CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE OESCSISED POLICIES BE CANCELLED BEFORE THE
"""IRON DATE TNEAEOF, THE ISSUING COMPANY WIµ ENDEAVOR TO MAIL
DEPARTMENT OF TRANSPORTATION 30 DAYB WRITTEN NOTICE TO THR CERTIFICATE HOLDEN NAMED TO THE LEE,
P. 0. BOX 2743 OUT FAILURE TO MAIL SUCH NOTICE &HALL IMPOSE NO OBLIGATION OR LIABILITY
PALM SPRINGS, CA, 92263-2743 OF ANY KINIVUPON THE JOMPANY, ITS A ENTS n REPRESENTATIVE,
AUTHOAIFED ENTATIVE
iIf1''? ++Iss f;.?: s " I � '::s I .c d'ICCIItiRIti•IGI'FR�+t?RATIpN 1�.9�: '
Rt T "
12/30/1997 12:52 6197022063 JOHN BURNHAM TRANS. PAGE 04
FATE IMMIDGIYYI
��EE y1�
67
At Ay+I �✓ � y I1} yLy� � '..A CORD ��� 1.i't ���}NM�ivr 17./30197
vnooucER 9-2.3 1-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
610 West Ash Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
P.O. Box 2910 COMPANIES AFFORDING_COVERAGE
San Diego, CA 92112-2910 COMPANY Induetri6l Indemnuy CGmpenv
INSURED COMPANY
Mini-Bus Systems, Inc. COMPANY
OBA: Super Shuttle of Ontario C --.---
1222 East Holt Blvd. COMPANY
ntarlo CA. 917fi1 D
GA11rERllCiEF�•�'.':: ;' :' �< . , ,', ..+J 1 ,. ,. ,.,r'„ . , i •',','; r `. ••',
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 EEEN REDUCED BY PAID CLAIMS,
CO POLICY EFFECTIVE POUCY EXPIRATION LIMITS
LTR TYPE OP INSURANCE POLICY NUMBER DATE UNNIMPMI DATE IMMWD/YYI
GENEML LMPIIRY GENERAL AGGREGATE
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO 1
GLEAMS MADE OCCUR PERSONAL&ADV INJURY 1
OWNER'S&CONTRACTOR'S FRUIT EACH OCCURRENCE __ 1
FIRE DAMAGE IAOY one Ilya 1
MED RXP IAR ..Penanl !
AUTOMOBILE LAHLRY
COMBINED SINGLE LIMIT /
ANY AUTO
ALL OWNED AUTOD BODILY INJURY 1
6CHBOULBO AUTOS
HIRED AUTOS BODILY INJURY 1
NON-OWNED AUTOS IF&Sccldenu
PROPERTY DAMAGE 1
OARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT 1
AGGREGATE /
"COB LABILITY EACH OCCURRENCE ___ /
UMBRELLA FORM AGGREGATE �_ 1
OTHER THAN UMBRELLA FORM 1
A WORKERS COMPENSATION AND CN9617865 9116197 9115198 wcs*nru. -—1_ER OTH
..-......_....
EMPLOYEES'DABILRY
EL EACH ACCIDENT .- 1 1000000
THE PROPRIETON INCL EL DISEASE-POLICY LIMIT / 1000000
PARTNERSIEXECU IVE
OFFICER$AMC: EX" EL OI6EA6E EA EMPLOYEE 1 1000000
OTHER
DESCRIPTION OF OPERwTIONt/1ADAYIONLNEHICLltISPCCLLL ITEMS
FOR PROOF OF INSURANCE COVERAGE ONLY,
ATTN:ALLEN F.SMOOT,A.A.E.
77
apt lFiCA ffI INdLYfP,.. B4 041AY 0.:•1 Q}aAY�t i}YIG��C1R*iONPAY
CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRMED POLICIES BE CANCEUAED BEFORE THE `
EXPIATION DATE THEREOF, THE IBBVWQ COMPANY WILL ENDEAVOR TO MI
DEPARTMENT OF TRANSPORTATION 30 GAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P. O. BOX 2743 RUT FAKUBE TO MAIL SUCH NOTICE MALL IMPOSE NO OBLIGATION OR UAIRUTY
PALM SPRINGS, CA. 92263-2743 OF ANY KI UPON THE JONIrANY. MR A ENTi JDR REPREBENTAYNES
AUTHORIZED FNTnnvE
... .... ^.: DATE IMM/DD/YYI '.
ACORDm (;ETIFIGR� , fiF LI '�ILITlf INSU'RAE'... . .. ... ..., .. 10/06/98
PRODUCER 619-231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
610 West Ash Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 2910 COMPANIES AFFORDING COVERAGE
San Diego, CA 921 1 2-421 5 COMPANY
A Scottsdale Insurance Co.
INSURED
COMPANY
B Reliance Insurance Co.
Mini-Bus System, Inc. f'' f COMPANY
DBA: Super Shuttle C _ C
1222 East Holt Blvd. COMPANY
ntario CA. 91761 D
COURAGE$
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
LTR OATEIMM/DD/YYI DATEIMM/00/YY)
A GENERAL LIABILITY OPS0009407 9/27/98 9/27/99 GENERAL AGGREGATE $ 3000000
X COM MERCIAL GENERAL LIABILITY PRODUCTS-COMP/CP AGO $ 1000000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1000000
—to
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000
FIRE DAMAGE(Any one fire) $ 100000
MED EXP(Any one person) $ 5000
3 AUTOMOBILE LIABILITY SH2534967 9/27/98 9/27/99
ANY AUTO COMBINED SINGLE LIMIT $ 1000000
ALL OWNED AUTOS
BODILY INJURY $
X SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS leer accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
_ EACH ACCIDENT $
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OER
TH-
EMPLOYERS'LIABILITY TIC
LIMIT S
---EL EACH ACCIDENT-—___ $—.-- --THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
THE CITY, ITS OFFICERS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL
INSURED ONLY AS RESPECTS TO THE SHUTTLE OPERATION OF THE NAMED INSURED
ATTN: ALLEN F. SMOOT, A,A.E.
'CERTIFICATE F,I:t1;LDER ..1'; G/�NCES:LATION 1U0li1,',,Nt�T) ) F'01 NL}NPAY:;;.' . :::.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
DEPARTMENT OF TRANSPORTATION 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P. 0. BOX 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
PALM SPRINGS, CA. 92263-2743 OF ANY KI&
UPON THE OMPANY, ITS A ENTS 213 REPRESENTATIVES.
AUTHORIZED R ENTATIVE
/iC'grltl's�58 ('F.196! r4 `' '' t1 .t7i' QQd�fi" " ; OAG£TRgGURP01�tTI0N'1�88: