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HomeMy WebLinkAboutContract 1945 9qJts- AGREEMENT FOR SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND CASC ENGINEERING AND CONSULTING INC. FOR NPDES PROGRAM CONSULTING SERVICES This Agreement for Services ("Agreement") is entered into as of February 09, 2022 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and CASC Engineering and Consulting Inc., a California Corporation ("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 request for qualifications, 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 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 two (2) years commencing on the Effective Date. 1 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (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. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. 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 "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Five Thousand Dollars and 00/100 cents ($35,000) per year, unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. 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. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. 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 7. 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, 3 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 8. 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 personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall 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. 4 SECTION 9. 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 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. 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 11. PREVAILING WAGE LAWS 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 12. NONDISCRIMINATION. 5 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 13. 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 14. 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. 6 (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 reimbursement 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 15. 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. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory 7 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), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by 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. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) 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 16. INSURANCE. 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 8 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 17. ASSIGNMENT. 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 18. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors, if any, 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 19. 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 9 reviewed andaid in the same manner as set forth in Section 4 "Compensation and P P Method of Payment" of this Agreement. SECTION 20. DEFAULT. 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 21. EXCUSABLE DELAYS. 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 22. 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 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: 10 To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Service Provider: CASC Engineering and Consulting Inc. Attn: President/CEO 77564 Country Club Dr., Suite 211 Palm Desert, CA 92211 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 24. 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 25. 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 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. 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 28. WAIVER. 11 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 29. 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 30. 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 31. 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 32. 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 33. 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. l2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY CASC Engin- t.'ng a C ;nsulting Inc. - ,ta0 harles P. McClendon By: Ric and J. ' idor, PE, CPESC, QSD City Manager Its: Pre•iden EO ATTEST: `,9.1.x,( 6' B y: Tracey R. Martinez, CMC City Clerk Its: APPROVED AS TO FORM Eric S. Vail City Attorney NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. 13 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE ) I/ j� On Fel?ad ��� , 2022, before me, t�(�t 1D�r'�'(�+ f�y(Dr /fl�LlC , to Name nd T fficeee.g."Jane 6> ,fJotary Pu Iic personally appeared /.►el4KeD 2Y Si O0�. ame of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name,(g) is/aye subscribed to the within instrument and acknowledged to me that he/sJ/th, y executed the same in his/Iyer/tI)eir authorized capacity($), and that by his/I r/tly�ir signature(z) on the instrument the person()-, or the entity upon behalf of which the person acted, executed the • . AMy R.wILUAMS instrument. Notary Public•California San Bernardino County ! I certify under PENALTY OF PERJURY under the laws of the f Commission r 2362414 State of California that the foregoing paragraph is true and • My Comm.Expires Jun 24.2025 correct. WITNESS my hand and official seal. NtSignaturt o otaryI Publ'� OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ,16,24 V` Si boTZ Individual Corp to Officer MI 14 Gac,, ktoltell a(-- Carle CD Rat NPUFS A Title(s) Title or Type of Document cJ Partner(s) •' Limited • General Attorney-In-Fact Number Of Pages ' Trustee(s) Guardian/Conservator .. Other: 2-9- ZO2•Z Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) v Signer(s)Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On 2U& T-1/1- , 2022, before me, A -\. 2 La,. No-rt (u�Ll C Dae kA/)&(LO Namee A tle Of Officer(e.g. aoe,Notary -ublir ) personally appeared T. , Name of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the person(x) whose name(t) is/ap6 subscribed to the within instrument and ck`nowledged to me that he/ Se/tM y executed the same in`�'Jer/tlr authorized capacity(i ), and that by his/Iyer/tt.ir signature,') on the instrument thelperson)), or the entity upon behalf of which the person() acted, executed the instrument. 5 Notary AMPublic•California Y R.WILLIAMS certify under PENALTY OF PERJURY under the laws of the `�� ', San&mar�ino County State of California that the foregoing paragraph is true and z3/47j''K Cor-mission#262414 correct. _%/Mv C .Expires.1;.n 24.2025 WITNESS my hand and official seal. 1"1 Dom+ �``/lI/�11 n Si natur8 of Nota Pu lic 9 ry OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: all p ,0 3, S,wiz, Individual Cor ate Officer /on inCi L eri1oc L V I, &t / TA4NPL Aalitio-d2 Title(s) Title or Type of Document J Partner(s) Limited �� General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator .. Other: 2-1—2oZZ. Date Of Document Signer is representing: )145�N+a�me Of Person(s)erOr Entity(ies) (01.4.5&tit c tx )ii W1( et n1 U0 ,J /kfC, 1.10,,1� U J L) Signer(s)Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES I. Service Provider will perform the following Services: Service Provider will conduct inspections at industrial, commercial, and restaurant facilities in accordance with the Whitewater River Regions MS4 Permit requirements; complete the inspections at the Permit required frequencies; maintain the City's databases for annual reporting; prepare the City's annual report(s) submitted to the Regional Water Board; and, Program related services. II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City: Service Provider shall provide the City with copies of inspection forms; maintain the City's current NPDES Program databases, prepare the City's annual report(s) submitted to the Regional Water Board; and, any Program-related services described in their proposal submitted on January, 20, 2022. III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports: Service Provider will be available at any time to discuss issues that arise and will confer with the City NPDES Coordinator [periodically] to provide an update on the inspection progress and to provide copies of all documentation relating to the City's NPDES/Stormwater Management Program. IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: Service Provider shall provide and/or maintain the City's Program databases, inspection forms, and program documents for the preparation of the City's Annual Report. V. Service Provider will utilize the following personnel to accomplish the Services: Service Provider Staff VI. Service Provider will utilize the following subcontractors to accomplish the Services: A-1 None. A-2 ci CITY OF CATHEDRAL CITY Engineering and Con tting NPDES INSPECTION AND REPORT SERVICES SECTION D: UNDERSTANDING AND APPROACH CASC is a firm known for its understanding of water quality related permits and experience in providing compliant municipal stormwater program assistance throughout southern California. Further, CASC understands the uniqueness of the Whitewater River region, including the ;ASC understands the Importance of tourism and business retention to the cities,while maintaining cost- uniqueness of the Whitewater effective permit compliant stormwater programs. CASC has specific and on-going River region, ;ncluo+ng the experience in providing overall stormwater and program management, reporting ;rrportance of tour.sn and services,and inspection-related services to Co-Permittees in the desert region. It is business retention to the c.tes. this understanding and experience that CASC will continue to bring to the City of Cathedral City when implementing stormwater program administration and inspection-related services. CURRENT MS4 PERMIT AND CASC'S UNIQUE UNDERSTANDING: CASC is thoroughly familiar with the requirements of the City's MS4 Permit, as well as the status of the current draft of the Whitewater River Watershed's MS4 Permit. CASC understands that the requirement to conduct inspection activities is tied to the MS4 Permit term, typically a 5-year period. However, the MS4 Permit expired in 2018, and has been administratively extended until a new Permit is adopted.This presents open questions related to completion of inspections based on the established 5-year timeline. For example, restaurants are required to be inspected 1 time per Permit term. Therefore, should the City of Cathedral City inspect restaurants again during this extension" period? This, and other timeline questions like this,should be considered by the City carefully and CASC will be able to assist the City with these types of questions.Our guidance provided to the City would be to maintain compliance by inspecting restaurants not yet inspected under the current Permit, complete any required re-inspections, and to begin re-scheduling inspections for compliance during the current extension period. This unique understanding of the Whitewater River Watershed and implementation of cost effective programs, is what sets CASC apart from other stormwater consultants. Additionally, CASC has extensive experience in MS4 Permit Annual Report preparation. CASC understands that highlighting the City's compliance achievements and outlining the City's future compliance goals is essential in Annual Report preparation.CASC will be able to provide the City with suggested input and/or edits of proposed material to highlight the City's compliance in the Annual Reports that are submitted to the Regional Board. CASC utilized our specialized understanding and prior work history with the City to prepare the following project approach for meeting the NPDES program and inspection-related needs for Cathedral City. PROJECT MANAGEMENT: CASC believes in a hands-on approach to project management. Joyce Goode, the proposed Project Manager, will be primarily responsible for scheduling staff resources to meet workload needs and schedules,as well as serving as the Primary Contact with the City. Ms.Goode, will work hand-in-hand with the City in coordinating all inspection related activities,while providing the inspection team with an experienced industrial activities resource during all scheduled inspection periods. Further, Melanie Sotelo, the proposed Water Quality Tecnical Director,will provide oversight of CASC's team as needed. CASC's Project Manager and Technical Director have over 38 years of combined experience and have thorough knowledge of the City's MS4 Permit In the Whitewater River watershed. KICK-OFF MEETING: Project initiation includes important steps to define points of contact and protocols essential to the implementation of a successful project. CASC will attend a kick-off meeting with the City after receipt of the Notice-to-Proceed. This kick-off meeting will cover both the program administration activities and the inspection program activities.The purpose of the meeting is to identify and document communication protocols, points of contact,and the City's specific approach and policies relative to administration activities,design review expectations, inspections, reporting and other compliance assistance activities to be performed under this 18 t ITY OF CATHEDRAL CITY Engineering and Con Iting NPDES INSPECTION AND REPORT SERVICES contract. CASC will prepare and distribute a summary of the kick-off meeting. Items that will be requested from the City during the kick-off meeting include,but are not limited to: • List of industrial,commercial,and restaurant facilities and their priorities from the City's MS4 database • List or documentation of inspection history of facilities • Cathedral City's Stormwater Ordinance and enforcement procedures • Contact list and coordination procedures between City staff and CASC • Coordination of City required photo ID badges for inspectors,if needed • Letter from the City regarding inspections(to be provided to facilities at start of inspection) • Inspection forms • Educational materials coordination • Confirmation of project schedule including start date for inspections • Dates for progress reports to the City PROGRAM ADMINISTRATION: CASC believes a "Work Plan" is the key to successful program administration. The following Is CASC's proposed work plan that will be utilized to successfully complete requirements in a timely manner, pursuant to the City's requested schedules and regulatory deadlines: • Task Work Breakdown Structure: Upon initiation of work, CASC's assigned Project Manager will develop a Task Work Breakdown Structure(TBS)to identify specific tasks associated with the preparation of necessary components and services that are to be completed. The TBS allows CASC's Technical Director and Project ( Manager to determine which resources are required for successful execution, as well as the relative time estimates for production and task completion. • Resource delegation: With individual tasks identified in the Project TBS, CASC's Project Manager will then schedule and commit applicable resource staff and materials.An important element of scheduling resources is to ensure that other constraints on time and availability are adequately factored in. Staff are then committed at a realistic level of availability. • Scheduling: Based on the correlation of the production/development time identified in the Project TBS and CASC's resource availability,time is then allocated to the appropriate resources. Additionally, a completion schedule is then established in consideration of City or regulatory deadlines associated with the task. • Deliverables: Deliverables proposed under tasks identified within the RFP will vary. Examples of some deliverables include annual reporting, updated ordinances and policies, regulatory rymeetingattendance and summaries, local implementation plans, grant-related documents, various assessments, methodology recommendations and procedures, electronic database updates, inspection reports, fee studies, and more. CASC will work with the City to determine the appropriate deliverables to meet compliance needs while providing informative guidance to City staff. INSPECTION PROGRAM: CASC has conducted numerous inspections of restaurant facilities and commercial/ industrial facilities,as well as IC/ID investigations,on behalf of our municipal clients in Riverside,San Bernardino, Los Angeles, and Orange counties. Programs range from the development of tabular data tracking and paper or digital forms to the development of NPDES databases and inspection programs using ArcGIS and GIS applications such as Collector, Survey123, and Dashboard. In addition, CASC has also been able to assist our clients in the development and use of government based software platforms like Energov and Lucity.CASC has developed cost effective NPDES compliance programs tailored to stay within the budget of our municipal clients, and proposes the following approach to inspection services for the City of Cathedral City. INSPECTION SCHEDULE: CASC will prepare a schedule of inspections based on the updated MS4 database. Inspections will be scheduled for those facilities that are to be inspected under the current Permit term and will 19 $,CIiI t..ITY OF CATHEDRAL CITY Engineering and Consulting NPDES INSPECTION AND REPORT SERVICES involve the following: • The Project Manager will review the updated facilities list and past inspection history,and set up a schedule based on the MS4 Permit frequency of targeted commercial facility inspections and targeted industrial facility compliance inspections,accounting for facilities that may have had required inspections already completed.The schedule will layout the plan for dividing the required inspections over the 2-year contract,focusing on requirements to promote Permit compliance. • New facilities will be scheduled for inspections during year 1 of the contract term. • Restaurant facilities that have not been inspected at least once during the current permit term(June 20, 2013 through June 19,2018)will be scheduled for inspection. Priority consideration will also be given to facilities requiring reinspection. • Commercial and industrial facilities that have not been inspected at least twice during the current permit term (June 20,2013 through June 19,2018)will be scheduled for inspections. • Consideration will also be given to facilities requiring inspection under the Permit's extension period. PERFORM INSPECTIONS:CASC will conduct inspections at restaurant facilities and commercial/industrial facilities in accordance with the MS4 Permit requirements and complete the inspections at the Permit-required frequencies. Our inspectors are familiar with the MS4 Permit and all requirements regarding the inspections of targeted commercial and industrial sources. Our Project Manager,a QSD, and/or the Technical Director,a QISP, will be available at all times to discuss issues that may arise, and will confer with the City NPDES Coordinator periodically to provide an update on the inspection progress and to provide copies of all documentation relating to the facility inspections. The inspectors are trained on the specific requirements of the MS4 Permit inspection program and will follow inspection procedures developed specifically for the City.Spanish speaking inspectors are available so that inspection program requirements can be appropriately communicated to non-English speaking facility owners and operators. DURING INSPECTIONS: Inspectors will perform a walk-through inspection of facilities, and identify practices as listed in the permit that may result in an illicit discharge to the storm drain system. Walk-through inspection procedures are outlined in the inspection flowcharts on the following pages. Inspections will be performed in the following manner: • Due to the current health environment,inspectors will follow safe-distancing protocols by maintaining a 6-foot clearance from others when feasible.Additionally,inspectors will wear face coverings whenever they are indoors or in close contact with individuals. • Inspections will be scheduled to avoid peak business hours in order to minimize disruptions. • If past inspection records are provided by the City,the inspector will perform a pre-inspection file review to become current on facility history,with special focus on previous and current compliance issues. • The Inspector shall dress professionally and in a manner appropriate for the conduct of industrial, commercial and restaurant facility inspections. • Inspectors will wear a City-approved photo ID badge identifying him/her as an inspector contracted by the City • Communications during the inspections will be done in a business friendly and non-threatening manner. • If an email address is provided by the facility,a copy of the inspection form will be emailed to the facility representative within 24 hours. • CASC will maintain all records of inspections. Records shall include,but not limited to, issued Notices of Correction and Notices of Violations to the inspectee,initial and follow-up inspection reports,and photographic documentation, 20 EXHIBIT "B" COMPENSATION I. Service Provider shall use the following rates of pay in the performance of the Services: A. Technical Director $205 B. Program Manager $145 C. Senior Inspector $155 D. Inspector $140 E. Data Management/ Analyst $145 F. Data Management/GIS $113 G. Data Management/Clerical $88 II. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ (N/A) per hour without written authorization from the City Manager or his designee. N/A B-1 �• CITY OF CATHEDRAL CITY Engineering and Co king NPDES INSPECTION AND REPORT SERVICES SECTION 2: COST PROPOSAL HOURLY RATES Services are proposed to be provided on a time and material basis with emphasis on coordinating activities,such as inspections,to reduce site travel times while increasing the number of inspections completed per business day. The table below provides an hourly rate for services proposed for this Project.CASC's assigned team member's categories are shown on the resumes included in the proposal. Rate Schedule Technical Director $205 Project Manager $145 Senior Inspector $155 Inspector $140 Data Management/Analyst $145 Data Management/GIS $113 Data Management/Clerical $88 REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15%unless otherwise noted: Outside Services:Includes fees paid to sub-consultants,consultants,analytical laboratories,and other providers of services required for execution of the project. Permits, Applications, and Fees: Includes fees for Notices of Intent (N01), Notices of Termination (NOT), application fees,submittal fees,permit fees,and other fees required as part of the project and not paid directly by Client. Reproduction Services:Includes blueprinting,copying, printing and plotting. In-house plots will be billed at$6.00 per sheet for each client set and for a final in-house review set. B&W/Color copies:$0.08/$0.90 for 8.5 X 11 and $0.20/$1.20 for 11X17. Rental Fees:Includes rental fees paid by the firm,including required vehicles,equipment,and tools required to complete the work. Commercial Delivery Services: Including Express Mail, Federal Express,UPS and independent courier services. In-House Pick-Up and Delivery Services:When provided by the firm,these services will be billed at$48.00 per hour plus$0.66 per mile round trip,with no additional markup. Travel Expenses: Includes travel expenses incidental to performance of the work. Vehicle mileage will be billed at a rate of$0.66 per mile with no additional markup. NOTES: Prevailing Wage:Projects and/or portions thereof designated by Client to be subject to Prevailing Wage shall be billed at the regular staff rate or the Prevailing Wage rate,whichever is higher plus a multiplier of approximately 2.3 to 2.8 for overhead and profit.The Prevailing Wage rate shall be based upon the Wage Rate Determination issued by California's Director of Industrial Relations for the locality and employee classification at the time the work is performed. Please contact CASC for specific project prevailing wage rates. EXHIBIT "C" 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: X 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 $1,000,000 for 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 ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X 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. C-1 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 endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) 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-2 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. 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. C-3 Client#: 1250938 305CASCENG ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/20/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mary Faber McGriff Insurance Services PHONE 714 941-2800 FAX 877-297-1101 (A1C,No,Ext): (A/C,No): 130 Theory Ste 200 ADDRESS: MFaber@McGriff.com Irvine, CA 92617 714 941-2800 INSURER(S)AFFORDING COVERAGE NAIL• INSURER A:Transportation Insurance Company 20494 INSURED INSURER B: CASC Engineering and Consulting Inc 1470 E Cooley Drive INSURER C: Colton,CA 92324 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ E CLAIMS-MADE OCCUR PREMISES(EaE rrrence) -$ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEPRO- $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 7011705080 12/31/2021 12/31/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate is for the Workers Compensation renewal only effective 12/31/2021 to 12/31/2022. Please retain previously issued certificate for general liability, automobile liability and excess liability for the term of 2/01/2021 to 2/01/2022. The City of Cathedral City and its respective elected and appointed officers,officials and employees and volunteers are named additional insured as respects General Liability and Automobile Liability and this (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cathedral City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 68-700 Avenida Lalo Guerrero ACCORDANCE WITH THE POLICY PROVISIONS. Cathedral City, CA 92234 AUTHORIZED REPRESENTATIVE�y . ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S29134798/M29134755 MJFAB DESCRIPTIONS (Continued from Page 1) insurance is primary and noncontributory with any other insurance of the additional insureds as required by written contract;Waiver of Subrogation applies as respects General Liability, Automobile Liability and Workers Compensation as required but written contract per the endorsements attached. Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3(2016/03) 2 of 2 #S29134798/M29134755 i CNA 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One- Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE- Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B(11-1 997) Policy No: P Policy 7011705080 Endorsement Effective Date: 12-31-21 Endorsement Expiration Date:12-31-22 Effective Date: 12-31-21 Endorsement No: ; Page: 1 of 1 Policy Page: x of y Underwriting Company:Transportation Insurance Company Copyright CNA All Rights Reserved.