HomeMy WebLinkAbout03793 - ASTRO CANON PHOTOCOPY XEROX MO5942 Astro-Canon Business Solutions
(M 2nd Amend - Add Scope of Serv.
AGREEMENT #3793
Accord w/Sec 1.8 of Agr.
CM Signed, 6-30-98
AMENDMENT # 2 TO AGREEMENT # 3793 WITH ASTRO/CANON BUSINESS
SOLUTIONS TO ADD SCOPE OF SERVICES
THIS SECOND AMENDMENT TO AGREEMENT # 3793 (herein "Agreement"), is made
and entered into this yJ � day of 1998 by and between the CITY
OF PALM SPRINGS, (herein "City"I or ("OWNER"), a Municipal Corporation, and
ASTRO/CANON BUSINESS SOLUTIONS, (herein "CONTRACTOR"), between the same
parties, as follows:
1.0 EXHIBIT A, Scope of Services, is hereby amended to ADD the following to
Paragraph 7, additional equipment to be provided:
NEW EQUIPMENT LOCATION REPLACED UNIT
NP6230 HR/WORKERS COMP N/A
NP6012 FIRE TRAIN CENTER NP6012 (CANON-
SN# NUC37614)
NP6230 PD/ANIMAL SHELTER RL-710C (MONROE-
SN# V243590)
NP6230 PD/DETECTIVE BUREAU SF9800 (SHARP-
SN# 16202531
Except as specifically amended by this Amendment, all terms and provisions of Agreement
# 3793, approved by City Council on the 4th day of April 1997, MO5942, remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this
Amendment as of the date stated below.
ATTEST:
By: CITY OF PALM SPRINGS
City Clerk a municipal corporation
APPROVED AS TO FORM:
&,�!== - By:C'
C y Attorney City anager
By:
Name and Title
10608 Trademark Parkway North
Rancho Cucamonga, CA 91730
U"IG Sid/AL EA113
ANDIO�R,
Astro-Canon Business Solutions
i 1st Amend - Add 2 Copiers
AGREEMENT #3793
Accord w/Sec 1.8 of Agr
AMENDMENT #1 TO AGREEMENT #3793 WITH ASTRO/CANON BUSINESS SOLUTIONS TO ADD
SCOPE OF SERVICES
THIS FIRST AMENDMENT TO AGREEMENT#3793 (herein "Agreement"), is made and entered into this
,Oday of�, 1997 by and between the CITY OF PALM SPRINGS, (herein "CITY") or
"OWNER"), a Municipal Corporation, and ASTRO/CANON BUSINESS SOLUTIONS, (herein
"CONTRACTOR"), between the same parties, as follows:
1.0 EXHIBIT A, Scope of Services, is hereby amended to ADD the following to Paragraph
7, additional equipment to be provided:
NEW EQUIPMENT LOCATION. REPLACED UNIT
NP6230 FACILITIES MGMT. SHARP SP8400
NP6012 PLANNING
Except as specifically amended by this Amendment, all terms and provisions of Agreement #3793,
approved by City Council on the 4th day of April 1997, M05942, remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the
date stated below.
ATTEST:
CITY OF PALM SPRINGS
City Clerk a municipal corporation
APPROVED AS TO FORM: //dJ
By:
—ittyy Attorney g— 67 /, City Manager
ga I-:, CONTRACTOR: ASTRO/CANON BUSINESS
B r TH'E/CITY Jcoul�9�.;��, SOLUTIONS
71
By:Aoae 17diwtiAn }oP1 Gc a 1 V``;c XCc,
Name and Title
10608 Trademark Parkway North
Rancho Cucamonga, CA 91730
. • Astro Business Solutions, Inc.
Photocopy Equipment & Mntnce
Svcs - 5-yr Agr.
AGREEMENT #3793
h105942, 4-30-97
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
COST-PER-COPY SERVICES FOR CITY HALL, PALM SPRINGS, CALIFORNIA
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"), is made and entered into this
day of 19a],by and between the CITY OF PALM SPRINGS,a municipal corporation,
(herein "City and ASTRO BUSINESS SOLUTIONS, INC., GARDENA, CALIFORNIA, (herein "Contractor").
(The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as
follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class work and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality,fit for the purpose intended. For purposes of this Agreement, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more first-class firms
performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or
bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses,permits and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's
performance of the services required by this Agreement, and shall indemnify,defend and hold harmless City against
any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor
(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered
how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending
performance of the services 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.
ORIGINAL BID
AWD10R AGREEMENA
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,
to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence
to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless
a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)
the Contract Sum, and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.9 Snecial Requirements. Additional terms and conditions of this Agreement, if any, which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit"B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions
of this Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall
be compensated in accordance with the "Schedule of Compensation"attached hereto as Exhibit"C" and incorporated
herein by this reference, but not exceeding the maximum contract amount of One Hundred Eight Thousand Nine
Hundred and Forty-Five Dollars ($108,945.00)(herein "Contract Sum"), except as provided in Section 1.8. The
method of compensation may include: (i) a lump sum payment upon completion, (ii)payment in accordance with
the percentage of completion of the services, (iii)payment for time and materials based upon the Contractor's rates
as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as
may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract
Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract
Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City;
Contractor shall not be entitled to any additional compensation for attending said meetings.
2.2 Method of 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.
r52R76W9999.m000/21 4.2 6/14196
R vial;03/10/97 2
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by
this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days
cumulatively.
3.3 Force 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 until completion of the services but not exceeding one (1) year
from the date hereof, except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 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:
TOM CLOWDUS, BRANCH GENERAL SALES 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 Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed
of the progress of the performance of the services and the Contractor shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on
behalf of the City required hereunder to carry out the terms of this Agreement.
FS2W&0999�A�3 216 4.2 61141%
R"vL+" 03/10M 3
4.3 Prohibition AeainstSubcontractingor Assignment. Ileexperience,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, INDEMNMCATION 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. 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
FS=76N00000-30Wnl6 4.2 61141%
R.ix!03110M 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 Insura ice. 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 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.
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way
the extent to which the Contractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor's activities or the: activities of any person or persons for which the Contractor is
otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations,errors, omissions or liabilities,(herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with
the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors,
or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising
from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers,
agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct
of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
connection therewith;
(b) Contractor will promptly pay anyjudgmentrendered againstthe City,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 filed or prosecuted against Contractor for such damages or other claims arising out of or in
FM76Po9999?3"M6W4.2 &14/M
R.viw :03110M 5
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. (See Exhibit B). 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 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, if Contractor is providing design services, the cost of the project being designed,
Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated
increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer
to evaluate the performance of such services. The Contract Officer shall have full and free access to such books
and records at all times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in the event any audit
is required.
6.3 Ownershin 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,
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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 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 it 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.
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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
(NOT APPLICABLE FOR THIS CONTRACT)_ ($ )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 the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all
services hereunder except such as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior
to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter
in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party
with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall
be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City
as previously stated.
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-DISCRL ITNATION
8.1 Non-liability of City Officers and Emnloyees. 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
FS=6A999943"060684.2 &NM
aavird:03/ION7 8
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 Aeainst Discrimination. Contractor covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure
that applicants are employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of
the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743,Palm Springs, California 92263,and in the case
of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party
may change its address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at: any time by the mutual consent of the parties by an instrument
in writing.
9.4 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
FM761099999-3000M1 4.2 &141M
Rcviwd:MOM 9
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 muni al corporation
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM: APPROM AY THE CITY COUNM-
7
LCit)Attorney
CONTRACTOR:
l� /y
By: s /� al�i�n ,11 e;
Name and Title xW-';�-'q
By:
Name and Title
Address: P✓G�EJ � P?/�Y� ' 9/ 37i
F=76b99999-300p1216 4.2 &14I -10-
05/30/97 n7:21 '$909 4 775 ASTRO C"ANON 2 002/005
M RY -- 29 - 97 T " u 1 1 3 PALM SP2 I NGS RC H P . 02
RX'HMIT "A"
$CtIPE OF SF.RVICU
I. Contractor will provide a °cost-per-copy" copier service to the City of Paint Springs,
California for an initial period of five (5) years.
2. Such copier service will consist of, during the lerut of the Contract, Supplying copying
equipment as specified to Seetion '7 below and the locations designated below when requested
by City. In addition, Tile City may request outer tnacbhtes at any cuter City-owned or
leased property, (1110t1dhag City hall and any other City facility). The appropriate machine
selection and placement will be determined as the result of periodic usage shidtes carried out
by the City as it deen,.s necmmry. Contractor agrees that the City shall have final approval
over selection.
3. Contractor will provide all supplies with the exception of paper and staples.
A. Contractor will service all provided nachines in accordance with the manufacturer's
instructions, and in response to any machine failures, when notified. in the event that any
machine is out of servicee for it perind greater than two (2) work days, contractor will
provide a "lomwr°machine of tilt. same capability for the out of service period.
S. Contractor will provide City with munlltly/annual reports on usage by PIN number and
machine. The data $hail be provided for all machines and shall include average monthly
volume by machine.
6. Contractor will provide in-house training for City staff, a) Key operators will be trained in
all necessary aspects of machine npct•ationlmaintenance; b) other stuff members will he
trained on as-needed basis. The training program shall lie sufficient for staff to operote
machines In accordance will, the operation manual.
7. Tile machines listed below will he initially placed in City Hall. These machines, and any
others the City luny request pursuant to Section 2 above, shall be installed within 30 days
of the written request of City. The City owned machines being replaced beconle the
property of the contractor.
V UIPAMEN'I jL1C.ATI� REPI.ACEP VMT,;�-z
NP 6050 ACCOUNTS RECEIVABLE SIIARP SF9700
NP 6230 AND NI' 6012 FINANCE SHARP SF-! 750/SM320
NI' 6050 ADMINISTRATIVE SERVICES SIIARP SF$870
NP 6230 MAYOR'S OFFICE RICOH FT5570
NP 6050 13UILDINCr DIVISION SHARP SP9700
NP 6012 CODE ENFORMvIENT
NP 6012 ECONOMIC Di;VELOPMENT
NP 6012 I NCiNMRING SHARP SF755
NP 6012 I[UNIAN RESOURCES XEROX 6G7 �
YYbx>ww35w SnW,'imnt�l 6n•N+4 �� �e'�
levl�d;�>rloro7 I I
05/30/fli 0 7:2 2 U909 410775 ASTRO CkNON 0003/005
1 4 P q LM B P FZ I N GS F2CFi p 03
EXHIBIT "R"
SPECIAL RUL EMFNTS
I. A PNRFORMANCE BOND IS NOT REQUIRED ,FOR THIS CONTRACT.
�,XITTBIT_"I3�� .
TO CONTRACT SERVICVS AGrREEWNT
lY:.1ett}J})j1.,7p"fy�INLA�: fJlypa ��
Mevlae,l:OVIN91 12 (1
f�
05/30/97 07:22 %Y909 775 ASTRO CANON 0 004/005
MHT - 24 '— '97 T H U 1 1 4 PRLM SPP I NG .-Z 06RCH p 04
J0aITBIT "CI
SCHEDULE OF COMPENSATION
I. Cask-per-copy is $0.02421 per copy, fixed for the contract period of rive (5) years, for all
mubines.
,�,XrrItSIT "C" ;
TO CONTRACT SERVICES AGREEMENT IJ
a
fSb:7111 elrtoN.l.i &IM96 f..
xo+IMJ:QV10 PYIPN7
05/30/97 07:23 1$909 4 775 ASTRO CANON 0 005/005
'f HU 101 ' PRLM SPRINGS W 2CH P
EXHIBIT "D"
6,till0,101, OF FERFORIANCE
1. The contract period shall be five(5)years, commencing the day following award of Contract
by the City Council.
2, The City may report a " down" ,machine orally by telephone. Contractor shall have four
hours from receipt of notice to bave properly trained and equipped service personnot on-
site to make repairs.
3. Contractor agrees, in the event of repeated failures of any machine, that at the request of
(lie City, such machine shall be replaced within 30 days.
EMIT-BIT 1417I`
TO CONTRACT SERVICES ACrRrIFNJRNT
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art 71�
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PRODUCER TNIS CEtTMCAMIS ISSUED ASA MAT7EROSINEORJ0,TION ONLY AM CONFFRSNo
Marsh & McLennan, Incorporated RIGHTS UPON THE CERTIFICATE HOLDEROTHER THAN THOSE PROVMET IN THE POLICY
P THIS CMTMCATEDCES NOT AMETID,EXTEND OR ALTERTHE COVERAGE AFFORDED BY
International Specialty Operations TEEPOLICCIES LISTED HEREIN.
1166 Avenue of the Americas
New York, NY 1003$-2774 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A Yasuda Fire&Marine Insurance Co,
INSURED CCMPANY
ETTER B
Astro Business Solutions, Inc.
110 West Walnut Street LETTER
COMPANY
L C
Gardena CA 90248 COMPANY
LETTER p p
x'+'X L"Axl nn'�.`.. ;7k'ipASlc WnII?IlL rll YfF,"Wl � rM,1Y�1�111'""�Irt.r,ul"Ilt
(gy .S��+Ip'AI J I y� ] µ, �J��� 1AE`� �1 N(, t III 5J ��
n'�""Y;NS" Uri'i11Y l�IA4WY iUr6) EE '6�N 1i+!"Ji'Y�JxJ, Vll!f,: I1M11!xr,.}�irx:,ilf::wn�lat��I
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OF SUCH
POLICIES, LIMITS SHOWN MAY WAVE SEEN REDUCED BY PAID CLAIMS.
CO TYPE OF POLICY NUMBER POLICY EFFECTIVE POLICYESPIRAnON LIMITS
L,� DATE(MMIDOM) MATE(MMIDDrff)
GENERAL AGGREGATE 5 2000000
A GENERALUAs7LITY FSG 1004176 11I01196 11/01/97 PRODUC(SCOMP(OPAGG 5 1000000
x COMMERCIAL GENERAL LIASILDY PERSONALS ADV.INJURY s 1000000
aCLAIMS MADE O OCCUR. EACH OCCURRENCE 1000000
$
OIANER9 CONTRACTORS PROT FIRE CMAAGE:we OxEGNeI S 1000000
MEO.EXPENSE w+ral+EK.zmE 05000
AUTOMOMILE DABIUTY COMBINED SINGLE LIMB S
ANY AUTV
ALL ONNEO AUTOS
BODILY INJURY reFsw B
SCHEOULED AUTOS BODILY INJURY S
HIRED AUTOS
NON-0KNFD AUTOS
PROPERTY MMaGE
GARAGE LIABILITY AUTO ONLY.EAACCIDENT 5
ANY AUTO OTHERTHAN AUI0 ONLY Mil
EACH ACCIDENT 5
AGGREGATE S
EXCESS UA®LITY FSLI 1004X66 11101iss 11/o1/97 EACH OCCURRENCE S 5000000
A K UMBRELLA FORM AGGREGATE S 5000000
OTHER THAN UMBRELLA FORM
WO EKs' OMPEN An SUTUTORY LIMITS
(��� W?��F•' 'sCi;�a,
EMPLOYERS LIABILITY
EACH ACCIDENT S
DISEASE•POLICY LIMIT S
DISEASE-EACH EMPLOYEE S
oESCRIPTION OF OPEPATIONS i LOCATONS I VEHICLES J SPECIAL ITEMS
The Certificate Holder is considered an Additional Insured with respects to the above listed coverages.
HOUL
CERTIFICATE MOLDER S CANCELLATION
SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELED BEFORE THE EXPIRAT;QN
City of Palm Springs THEREOF,THE INSURER AFFORDING COVERAGE WILLTXX K)PXA L 30 pAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN,
Office of Procurement
P.O, BOX 2743 MARSH&MCLENNAN,INCORPORATED f
Palm Springs CA 92263-2743
.. ,. _... r r--A CEP1(2195) VALID AS OF:02128197 l�
z02a"d SS92 97E ETZ AN/SX WTW 617:SI L66T—BZ—JdW
U0141/0 1L.14 Q61U i10 /UDU AJ11(U )'AA L! U 10002
05/21/97 WED 15:00 FAX 2122 697 4364 KAYE INSURANCE, INC. 10001
I�♦i������. � .Y$ 31f''�; $ A � s `� ni a „„ 1 ., � S s fie¢ F � Rs� :{3M 51120 07m s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Kaye Insurance Assoc InD . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
122 East 42nd Street ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW.
Cha n i n Bldg, COMPANIES AFFORDING COVERAGE
New York , NY 1016E COMPANY
212-210-9200 A YASUDA FIRE & MAR. OF AMERICA
INSURED COMPANY
ASTRO BUSINESS SOLUTIONS, INC. B
ATTN: CHR I ST I NE KUBA COMPANY
110 WEST WALNUT STREET C
GARDENA, CA 90246 COMPANY
D
THIS IS TO CERTIFY THAT THEP OUCIES OF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD r
INDICATED,NOT W ITHSTANDING ANYREOUIREMENT,TERMORCIONDITIONOFANYCONTRACT OROTHERDOCUMENT W ITHRESPECTTO W HICHTHIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVI FOLICYEXPIRATION
LTA DATI(MMIDDIYY) DATE(MMIDDIVY) LIMITS
GENERALLIABILrTY GENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO S
CLAIMS MADE❑ OCCUR PERSONAL 4 ADV INJURY 3
OWNER'S i CONTRACTOR'S PROT EACH OCCURRENCE S
FIRE DAMAGE(Any one tire) S
MED EXP (Any one person) S
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S
A X ANY AUTO ASN10006 11/01/96 11/01/97
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) S
300 ,000
)( HIRED AUTOS BODILY INJURY S
)( NON-OWNED AUTOS (Per accident) 500 000
PROPERTY DAMAGE S
100 DOO
n
AOE LIABILITY AUTO ONLY- EA ACCIDENT S
ANY AU10 OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
E%eESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND �( 5TATUTORY LIMITS
PMPLOYERO'LIABLTY A EACH ACCIDENT 6600 'ODD•
THE PROPRIETOR/ WSD100D7 11/02/96 11/02/97 PARTNERS/EXECUTIVE INCL DISEASE POLICY LIMIT a 506 ODD
OFFICERS ARE: EXCL DISEASE•EACH EMPLOYEE S 600 000
OTHER
pE6CRIpTlON OF OPEMTIONSILOCATIONCNENICLESISPEO AL ITEMS
..r' v.v ♦:...TC%
SHOULD ANY OR THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE
EXPIRATION DA711 THEREOF, THE ISaUINO COMPANY WILL MAL
CITY OF PALM SPRINGS 30 GAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THELEFT
Office of Procurement
Attn:Hsrold E ,Good Prcmnt Mgr - -
AWHORI DREPRESENTAT
P.O. Box 2743 608061000
Palm �prin�s CA 922fi3 2743
}S'; ' r AGORt #77P�flilklYttll'19gi
MARSH USA INC. CERTIFICATEb -;NSURANCE CERTIFICATE NUMBER
,. .. NYC-000930436-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
Japan Client Services POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
1166 Avenue of the Americas,37th Floor AFFORDED BY THE POLICIES DESCRIBED HEREIN.
New York, NY 10036-2774 COMPANIES AFFORDING COVERAGE
COMPANY
105039-t-- A YASUDA FIRE&MAR INS CO LTD -
INSURED COMPANY
CANON BUSINESS SOLUTIONS-WEST, INC. B N/A
110 WEST WALNUT STREET '
GARDENA,CA 90248 COMPANY - W
C
COMPANY
COVERAGES „ ;; This certificate supersedgs,and_replaces,any previously issued certificate for the policy,period notedb'elow. ::3
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE _ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR - - DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY FSG 1000410 11/01/01 11/01/02 I GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG $ 1,000,000
CLAIMSMADE 1XIOCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 500,000
VIED EXP(Any cneperson) 5,000
A AUTOMOBILE LIABILITY ASN 10006ZO 11/01/01 11/01/02 COMBINED SINGLE LIMIT $
A X ANY AUTO HI-ASN 10078YO 11/01/01 11/01/02
A ALL OWNED AUTOS TX-ASN 57011 FO 11/01/01 11/01/02 ( BODILY INJURY $ 300,000
A SCHEDULED AUTOS VA-ASN 1007920 11/01/01 11/01/02 (Par Person)
HIREDAUTOS BODILY INJURY $ 500,000
NON-OWNED AUTOS (Per accident)
X Comp and COI(Deductibles: PROPERTY DAMAGE $ 100,000
1,000
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY.
EACHACCIDENT $
AGGREGATE $
A Excess LIABILITY FSU 10004X0 11/01/01 11/01/02 I EACH OCCURRENCE $ 5,000,000
X UMBRELLA FORM AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND WSD 10008W0 11/01/01 11/01/02 X WC STATu- OTH
EMPLOYERS'LIABILITY TORY LIMITS ER
A WSN 10054W0 it/01/01 11/01/02 EL EACH ACCIDENT $ 500,000
THE PROPRIETOR/ INCL EL DISEASE POLICYLIMIT $ 500,000
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 500,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
City of Palm Springs is included as additional insured as their business interests may appear with the named insured.THE ABOVE REFERENCED
AUTOMOBILE LIABILITY POLICIES ARE UNDERLYING LAYERS OF THE UMBRELLA POLICY.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFOROING COVERAGE WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
City of Palm Springs CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn:Patnca A Sanders
Office of the City Clerk LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
MARSH USA INC. n �
BY: Scott Reed ,�crJll ru.-.r
.MM1(9/99) VALID AS OF: 04/01/02