HomeMy WebLinkAboutContract 1861 AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
CORNERSTONE EMERGENCY MANAGEMENT
This Agreement for Services ("Agreement") is entered into as of May 11, 2020 ("Effective Date") by and
between the City of Cathedral City, a municipal corporation ("City") and Cornerstone Emergency Management
a Fire Safety, Emergency Management Provider ("Service Provider"). City and Service Provider are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by qualifications and the performance of the services defined and described
particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance of the services defined
and described particularly in Section 2 of this Agreement, was selected by the City Manager to perform those
services.
C. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this
Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those
services defined and described particularly in Section 2 of this Agreement and desire that the terms of that
performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained here and other consideration, the value and adequacy of which are hereby acknowledged, the
Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this
Agreement is for 4 months commencing on the Effective Date.
SECTION 2. SCOPE OF SERVICES SCHEDULE A
(a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit "A"
"Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference.
SECTION 3. ADDITIONAL SERVICES.
(a) Additional Services. Service Provider may be assigned additional duties not itemized within
the scope of service as identified by the City Manager for any work rendered in connection with its
performance of this Agreement.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the
amounts specified in Exhibit "A" "Compensation" and made a part of this Agreement by this reference.
(b) Service Provider shall furnish to City bi-weekly an original invoice for all work performed and
expenses incurred. The invoice shall detail charges by the following categories: labor (by sub-category),
travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall
be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation
set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and
materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of
task performed and the amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work performed, and expenses
incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are
disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event
any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider
for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which
are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days
of receipt of Service Provider's correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Service Provider.
SECTION 5. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files and other documents prepared, developed or discovered by Service Provider in the course
of providing the Services pursuant to this Agreement shall become the sole property of City and may be used,
reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion,
expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps,
models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other
documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models,
designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents
prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this
Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of Performance; Familiarity
With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 6. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to
Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such
documents or records shall be maintained in accordance with generally accepted accounting principles and
shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by
Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for
three (3) years from the date of execution of this Agreement and to the extent required by laws relating to
audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be
made available for inspection, audit and copying, at any time during regular business hours, upon request by
City or its designated representative. Copies of such documents or records shall be provided directly to the
City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service Provider's address indicated for
receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be
maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service
Provider's business, City may, by written request, require that custody of such documents or records be given
to the City. Access to such documents and records shall be granted to City, as well as to its
successors-in-interest and authorized representatives.
SECTION 7. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an
officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to
incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise,
unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City.
(b) The Service Provider shall not obtain any rights to retirement, health care or any other benefits
which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service
Provider may have to any such rights.
SECTION 8. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
(a) Service Provider represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the Services required under this Agreement in a thorough, competent and
professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider
shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing services similar to the Services required of Service Provider under this Agreement. In addition to the
general standards of performance set forth this section, additional specific standards of performance and
performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service
Provider's work under this Agreement. Where there is a conflict between a general and a specific standard of
performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Service Provider warrants that (1) it has thoroughly investigated and considered the work to be
performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully
considered how the work should be performed, and (4) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement.
SECTION 9. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) Service Provider shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.
Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the
Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to
comply with this section.
SECTION 10. PREVAILING WAGE LAWS
(a) It is the understanding of City and Service Provider that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services subject to
prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder:
Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets
or sewers done under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases of construction including,
but not limited to, inspection and land surveying work.
SECTION 11. NONDISCRIMINATION.
(a) Service Provider shall not discriminate, in any way, in the employment of persons to perform the
Services in violation of any federal or state law prohibiting discrimination in employment, including based on
the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of
any person, except as provided under California Government Code section 12940.
SECTION 12. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which
would in any way hinder Service Provider's performance of the Services. Service Provider further covenants
that in the performance of this Agreement, no person having any such interest shall be employed by it as an
officer, employee, agent or subcontractor without the express written consent of the City Manager. Service
Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the
interests of City in the performance of this Agreement.
(b) City may determine that Service Provider must disclose its financial interests by completing and
filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a
determination is made, Service Provider shall file the subject Form 700 with the City Clerk's Office pursuant to
the written instructions provided by the Office of the City Clerk within ten (10) days of the request.
(c) City understands and acknowledges that Service Provider is, as of the date of execution of this
Agreement, independently involved in the performance of non-related services for other governmental
agencies and private parties. Service Provider is unaware of any stated position of City relative to such
projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes
of this section.
(d) City understands and acknowledges that Service Provider will perform non-related services for
other governmental agencies and private Parties following the completion of the Services under this
Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 13. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in performance of this
Agreement shall be considered confidential, unless such information is in the public domain or already known
to Service Provider. Service Provider shall not release or disclose any such information or work product to
persons or entities other than City without prior written authorization from the City Manager, except as may be
required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior
written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider,
provides any information or work product in violation of this Agreement, then City shall have the right to reim-
bursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees,
caused by or incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider, its officers, employees,
agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for
documents, interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. City retains the right, but has no
obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding.
Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Service Provider. However, this right to review any such response
does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 14. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of
care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify,
protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs,
and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which
Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of
Service Provider, in the performance of professional services under this Agreement
(c) City's Negligence. The provisions of this section do not apply to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release City from liability arising from gross
negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 15. INSURANCE.
(a) Service Provider agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All
insurance policies shall be subject to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 16. ASSIGNMENT.
(a) The expertise and experience of Service Provider are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest,
Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the
performance of any of Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a
material breach of this Agreement entitling City to any and all remedies at law or in equity, including
termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges,
however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize
subcontractors.
SECTION 17. CONTINUITY OF PERSONNEL.
(a) Service Provider shall make every reasonable effort to maintain the stability and continuity of
Service Provider's staff assigned to perform the Services. Service Provider shall notify City of any changes in
Service Provider's staff and subcontractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 18. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days
written notice of termination to Service Provider. In the event such notice is given, Service Provider shall
cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days
written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation under this Agreement,
then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement
immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all property belonging
exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall
furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set
forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of
this Agreement.
SECTION 19. DEFAULT.
(a) In the event that Service Provider is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Service Provider for any work performed after the
date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the
default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe
is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During
the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default
is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to
pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the
default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of
Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be
deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this
Agreement.
SECTION 20. EXCUSABLE DELAYS.
(a) Service Provider shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such
causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local
governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe
weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 21. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public
records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every
reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 22. NOTICES.
All notices required or permitted to be given under this Agreement shall be personally delivered, sent
via email CMclendon@cathedralcity.gov or certified mail, postage prepaid and return receipt requested,
addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: Blake G. Goetz
246 N. Luring Dr.
Palm Springs, CA 92262
Notice shall be deemed effective on the date personally delivered or transmitted by email or, if mailed,
three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 23. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider represents and warrants
that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the
performance of its obligations hereunder.
SECTION 24. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated
representative. The City Manager shall have the authority to issue interpretations and to make amendments to
this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment"
and the City Manager's contracting authority under the Cathedral City Municipal Code.
SECTION 25. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of
the Parties.
SECTION 26. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved
by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment
to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be
approved by the City Council. The Parties agree that the requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
SECTION 27. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not
constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any
subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services
by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of
California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the
County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in
the Central District of California, in Riverside.
SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this
Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of
reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 30. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and
exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other
agreements or understandings, whether oral or written, or entered into between Service Provider and City prior
to the execution of this Agreement. No statements, representations or other agreements, whether oral or
written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 31. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable
provision(s).
SECTION 32. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit
hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this
Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-
above written.
CITY OF-CATHEDRAL CITY CORNERSTONE EMERGENCY MANAGEMENT
40011
C /
Charles P. McClendon By: Blake Getz
City Manager Its: Owner
ATTEST:
Tracey Ma : ez
City Clerk
APPROVED : T• ORM
Eric S. Va.
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES & COMPENSATION
WILL BE PROVIDED PURSUANT TO THE ATTACHED PROPOSAL
B-1
EXHIBIT "B"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance,
acceptable to the City, in full force and effect throughout the term of this Agreement, against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the Services by Service Provider, its agents, representatives or employees.
Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following "marked" requirements are applicable:
Commercial General Liability (CGL): Insurance written on an occurrence basis to
protect Service Provider and City against liability or claims of liability which may arise out of this
Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an
annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as
Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG
0001). There shall be no endorsement or modification of the CGL limiting the scope of
coverage for either insured vs. additional insured claims or contractual liability. All defense
costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than
4;!0000l� 999;60O1or injuries, including accidental death, to any one person, and subject to the same
(/� minimum for each person, in an amount not less than one million dollars ($1,000,000) for each
accident, and property damage insurance in an amount of not less than one million dollars
4. 0 Ow ($4700070130). A combined single limit policy with aggregate limits in an amount of not less than
1k $270907(300 shall be considered equivalent to the said required minimum limits. Coverage shall
""k '41 0� be
1k ab litya including odroad as e 1lnany auto"surance endorsementervices Office orm number anCA 0025,CA 0001qAutomobile
oralent forms subject
o
/i-'
the approval of the City.
v Workers' Compensation Insurance: Workers' Compensation insurance that includes
a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider
shall provide an endorsement that the insurer waives the right of subrogation against the City
and its respective elected officials, officers, employees, agents and representatives. In the
event a claim under the provisions of the California Workers' Compensation Act is filed against
City by a bona fide employee of Service Provider participating under this Agreement, Service
Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the
Service Provider's profession in an amount not less than one million dollars $1,000,000 per
occurrence. This coverage may be written on a "claims made" basis and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be A
endorsed to be applicable to claims based upon, arising out of or rel d to Services performed
under this Agreement. The insurance must be maintained for at 4eest thrcc (I) consecutive
years following the completion of Service Provider's services or the termination of this
B-1
Agreement. During this additional three (0) year period, Service Provider shall annually and
upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain
the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or
either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior
written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Service Provider performs; products and completed operations of
Service Provider; premises owned, occupied or used by Service Provider; or automobiles
owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special
limitations on the scope of protection afforded to City, and their respective elected and
appointed officers, officials, or employees.
b. Service Provider's insurance coverage shall be primary insurance
with respect to City, and its respective elected and appointed, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by City, and its respective elected
and appointed officers, officials, employees or volunteers, shall apply in excess of, and not
contribute with, Service Provider's insurance.
c. Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
d. Any failure to comply with the reporting or other provisions of the
insurance policies, including breaches of warranties, shall not affect coverage provided to City,
and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise
agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its
respective elected and appointed officers, officials, employees and agents for losses arising
from work performed by Service Provider.
B-2
C. Other Requirements. Service Provider agrees to deposit with City, at or before
the effective date of this Agreement, certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied with. The City may require that
Service Provider furnish City with copies of original endorsements effecting coverage required
by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. City reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each
subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers, or the Service Provider shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, defense
expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
B-3
Exhibit "A"
Interim Fire and Emergency Services Administrator
Scope of Services
• Provide executive management services to the fire department on a 40 hr. per week full-time basis for
a limited period beginning May 11, 2020 and ending on September 11, 2020 (4 months). The City
Manager may extend these management services as desired and will notify the contractor when services
are no longer required.
• This is a non-safety/non-emergency response management consulting contract.
• Contractor will be available on-call basis (phone) 24/7 and attend meetings as requested by the city
manager.
• Provide recommendations to the city manager on a fire chief recruitment.
• Review the activities and operations of the fire department including the community fire protection
system, fire suppression, fire prevention and emergency medical response, emergency fire dispatch and
coordinate assigned activities with other departments and outside agencies; and provide highly
responsible and complex administrative support to the city manager. Make recommendations to the city
manager as appropriate.
• Provide recommendations and develop policies related to COVID-19 and ensure compliance with the
County Health Department and County Emergency Management Department.
• Ensure that the OES and mutual aid response system is in place and that documentation is complete and
submitted to the State in a timely manner.
• Work with subordinate level staff on development and implementation of departmental goals,
objectives, policies and priorities for each assigned service area.
• Interact, communicate, and make recommendations to city department and division directors on
projects and issues related to the fire department and the city.
• Review the implementation of the emergency dispatch system related to the fire department and
make recommendations as appropriate.
• Review the implementation of the Emergency Medical Dispatch (EMD) program and make
recommendations as appropriate.
• Review the fire department payroll and accounts payables.
• Analyze the fire department budget and recommend adjustments.
• Analyze and recommend capital and non-capital fire department expenditures and ensure that existing
program activities are completed or modified as needed.
• Stay informed on the progress of the new fire station construction.
• Provide project management services and coordination with contractors working on site of fire
department properties.
• Respond to and resolve difficult and sensitive citizen inquiries and complaints.
• Ensure that code enforcement programs are continued in accordance with existing and/or modified
procedures.
• Analyze the City's the emergency management program and ensure the EOC is ready to be activated.
Monitor the status of the Community Emergency Response Teams (CERT).
• Perform related duties and responsibilities as required.
Schedule of Fees
Term
Full time 40 hr. per week basis for four (4) months starting May 11, 2020 and ending September 11, 2020. The
City Manager may extend these management services beyond September 11, 2020 as desired, and will notify
the contractor when services are no longer required.
Fee Schedule
$94.90 per hour to conduct non-safety emergency management Scope of Services as described above, and not
to exceed 40 hours per week, billable bi-weekly as a 1099 contract employee. No city employee benefits will be
provided other than official holidays off with pay.
Other Billable Costs
Contractor may invoice the city for supplies, mileage to meetings and any required insurance.
The Contractor may be allowed appropriate access to city facilities and equipment as determined by the city
manager.
Contractor will provide
City of Cathedral City Business License and W-9 IRS Form
CORNERSTgINE
EMERGENCY MANAGEMEN
K E M P E R Amended Declarations —
Personal Auto policy
WEINGARTEN AND HOUGH Your insurance company
1555 SOUTH PALM CANYON DR - .{;.-•
STE#D-101 - Kemper Independence Insurance Company
PALM SPRINGS,CA 92264 12926 Gran Bay Parkway West
Jacksonville FL 32258
0000867 01 MB 0.425 "AUTO T40925092262-652546 -C01-P00867-1
IIIII'II'Iii111111I'IiI 11.1III11111111'IIIII11"III"1"1111111 Named Insured: BLAKE G GOETZ
BLAKE G GOETZ LOLA M GOETZ
246 N LURING DR
PALM SPRINGS, CA 92262-6525 Policy number: 1081391801
Policy period: 02/07/2020-02/07/2021
12:01 a.m. standard time
Changes were made to your policy that are effective on February
7, 2020 at 12:01 a.m.
This amended declarations page replaces all prior declarations as of the change effective date.
Please review the information below and keep it in a safe place, along with your other policy
documents. Your next billing invoice from us will reflect the change in premium.
UPDATED PREMIUM SUMMARY
Annual Premium
Personal Auto $1,419.00 S (
Auto California state fees 1.76
Total policy premium $1,420.76 k\' )
Your auto premium includes the following credits
Good Driver PLUS (Vehicle 1)
Package
AUTO COVERAGE
Coverage applies only if a coverage limit or premium amount is shown.
Drivers Years licensed
BLAKE G GOETZ (male, married) 47
LOLA M GOETZ (female, married) 42
Vehicle make and model Vehicle ID number(VIN) Location
2017 Cadillac XT5 LUXURY (Vehicle 1) 1GYKNBRSOHZ231110 Palm Springs, CA 92262
DA 1003CA(07 16) Q00219922720191214
Named Insured: BLAKE G GOETZ Amended Declarations—Personal Auto policy
Policy number: 1081391801 Page 2 of 3
Current term Prior term
Vehicle Usage annual mileage annual mileage
Vehicle 1 PL 6284
0
MOM8 Annual
Policy-level coverage premium
Liability—Bodily Injury $350.00
Coverage limit: $100,000 per person
tV
$300,000 per accident
Liability—Property Damage 167.00
Coverage limit: $50,000 per accident
Medical Payments—each person 73.00
1111111
Coverage limit: $25,000 per person
Uninsured/Underinsured Motorist- Bodily Injury 182.00
Coverage limit: $100,000 per person
$300,000 per accident
Annual
premium
Vehicle-level coverage Vehicle 1
Damage to your auto—Other than Collision loss $75.00
(Comprehensive)
Coverage limit: Actual Cash Value
Deductible: $500 for Vehicle 1
Damage to your auto—Collision loss 569.00
Coverage limit: Actual Cash Value
Deductible: $500 for Vehicle 1
Uninsured Motorist Coverage— Property —
Damage
Coverage limit: None
Annual
Forms and endorsements Form number premium
Jacket JU1000 (05-17) —
Personal Auto Policy PP0001 (01-05) —
Amendment of Policy Provisions-California EA1018CA (05-17) —
Accidental Airbag Deployment Coverage EA1016 (05-17) —
Loss Payable Clause PP0305 (08-86) —
DA 1003CA(07 16) Q00219922720191214
Named Insured: BLAKE G GOETZ Amended Declarations—Personal Auto policy
Policy number: 1081391801 Page 3 of 3
Annual
Forms and endorsements Form number premium
Coverage for Damage to your Auto Exclusion PP1301 (12-99) —
Part D -Coverage for Damage to your Auto EA1010CA(05-17) —
Optional Limits Transportation Expenses Coverage PP0302 (06-98) —
Vehicle: 2017 Cadillac XT5 LUXURY
Coverage limit: $30 per day/$900 maximum
Excess Custom Equipment Coverage PP0318 (01-09)
.13 Limited Mexico Coverage PP0321 (01-05) $3.00
Uninsured Motorists Coverage -California PP0487 (10-15) —
Personal Vehicle Sharing Program Exclusion PP2316 (10-13) —
Public or Livery Conveyance Exclusion Endorsement PP2340 (10-15) —
Total premium $1,420.76
California state fees Amount
California Combined Auto Assessment Fee $1.76
Total $1.76
LOSS PAYEE INFORMATION
Vehicle Type Name Address
2017 Cadillac XT5 Loss payee GM FINANCIAL PO BOX 1617
LUXURY MINNEAPOLIS, MN
55440-1617
ADDITIONAL INFORMATION
Title Form number
Fair Credit Reporting Act Notice IB1005 (05-17)
DA 1003CA(07 16) Q00219922720191214