Loading...
2016 InterWest Consulting Group - Building Plan Check ServicesTityl 4 MEMORANDUM Frank J. Spevacek, City FROM: 04mothy_. J n ss" i v it t r/i i r Y DATE ® J : Professional _Services Agreement with Interwest_ Consulting Group for As - Needed Building Division l vi Inspection vic Attachedr your signature is the -agreement between Interwest Consultingr oup and the City La Quintafor the services referenced above. Please sign the_ tagreement(s) nd return it to the _City Clerkprocessing and distribution. X Contract payments will be charged to account number: 101-6003-6011$ Amount of Agreement: A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 1701(2). It e r `is rode d r- Approved by the City Council on (date) CityManager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less Initial to certify that 3 written informal bids or proposals were received and considered in selection d 01t0) re ) a dy t t0 i1 rep 0 ; Insurance certificates as required by the agreement (approved by Risk Manager on 6/20 PNzet0 date) Performance bonds as required by the agreement (originals) City of La Quinta Business License No. LIC-0102215 EXPIRES / / - Renewed Expiration 06/30/17 Purchase Order number PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES (the "Agreement") is made entered into by and betweene CITY OF LA QUINTA,("Ci "), a California municipal corporation, and Interwest Consulting("Consultant"). The parties hereto agree as fall 1.0 S_ VIC_ S OF CONSULTANT 1.1 In compliance with all terms and conditions of this Agreement, Consultant shall provide those services relate to As-NeededBuilding Division Plan Review andInspection Services as specifiedin the "Scope Services" attached reo as Exhibit "A" and incorporated rei y this reference (the "Services"). Consultant represents and warrants that Consultantis a provider of first- class services and Consultant is experienced in performinge Services contemplated herein and, in light of such status nd experience, Consultant ve ants that it shall follow the highest professional standards in performingServices required hereunder. -- For purposes of this Agreement, the phrase"highest professional standards" shall mean those standards of practicerecognized by one or more first- class firms performingsimilar services under similar circumstances. 1.2 Cara kionce with Law'. All services rendered er er shall be provided i accordance with all ordinances, resolutions, statutes, rules, regulations, n a s o the City and anyFederal, State, or local governmental agency of competent jurisdiction. .3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expensesuch licenses, permits, and approvals as may be required r the performanceof the Services required y this Agreement, including a City of La Quinta business license. Consultant and its employees, e c ntr ctors shall, at their sole cost and expense, keep i effect at aU times during the term is Agreement any licenses, permits, and approvals that are legally required for the performance oft e Services required is Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and rise from or are necessary for the performanceof the Services required this Agreement, and shall indemnify, defend (with counsel selects City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any c fees, assessments, taxes, penalties, or interest levied, assessed, r imposed against City hereunder.- Consultant shall be responsible for all subcontractors' compliance wi i Section. 1.4 Familiorit with "work. executing thisAgreement, Consultant warrants that (a) it has thoroughly investigated and considered the Services to be performed, ( ) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions er existing, (c) it has carefully considered o Last revised April 2015 the Services should be performed, and O it fully understands the facilities, difficulties, and restrictions t i performance of the Services r this Agreement. Should Consultant dise y r any latentr unknown conditions t ri l differing rthose inherent in the Services r as representedCity, Consultant all immediately inform City c ct and shall not proceedexcept at Consultant's risk until i instructions are received nr cOfficer (s defined in Section .2 hereof). 1.5 Standard of Care. Consultant -acknowledges and understands that the Services contracted for under this Agreement require specialized skills and ilii and that, consistent i this n rt ing, Consultant's work will be helda heightened standard uali Consistent iSection r i v, Consultant represents to City h it holds the necessaryskills and abilities to satisfythe heightened standard of qualitys set forth in this Agreement. Consultant ll adopt reasonable met s during the life f this r e to furnishcontinuous proteci to the Services e e Consultant, i t, materials, papers, and other components thereof to prevent lossesor damages, and shall responsible for all such damages, to persons or property, until acceptance f the Services City, except such lossesr damages as may be caused City'City's own negligence. The performance of Services by Consultant shall not relieve Co s It from li i to correct any incomplete,inaccurate, r defective workt no further cost to City, when such inaccuracies re due to the negligence suta t. 1.6 Additional Services. cc r_ ce withthe n_ conditions of this Agreement, Consultant shall perform services in additionto those specifiedin the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, provided that Consultant shall not be required o perform any Additional Services i compensation. Consultant shall not performAdditional Services until receiving prfor written authorization from o r c Officer, incorporating therein y adjustment i (i) the ContractSum, and/or (ii) the timeperform is Agreement, which said adjustments are subject to the written approval of Consultant. t is expressly understood o It nt that the provisions oft is Section shall not applyto the Services specifically set forth in the Scope of Services or reasonably contemplated therein. t is specifically unders r that oral requests and/or approvals of Additionalrvic lbarred r frc 1. Failure of Consultant o secure the ContractOfficer's written authorizationr Additional Services shall constitute iv r of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, to uit, or the like, for Additional Services provided withoutthe appropriate u oriz ti Contract ffc r. Compensation for property authorized Additional Services shall be made in accordance withSection this Agreement. .7 5pgeLtal uiLmen . Additional terms conditions this Agreement, i_ is r part hereof areforth in Exhibit" ( "Special Requirements"), which is incorporated r in by this reference and expressly part hereof. In the event. conflict t provisions of the Special Last revised April 2015 2 Requirements and any other provisions of this Agreement, the provisions oft e Special Requirements shall govern. 2.0 C_ E _ S T 2.1 Con ra t= -5um. Forte Services rendered ursu to this Agreement, Consultant shall be compensated in accordance with Exhibit" ( "Schedule f Compensation") in a total amount not to exceed i00/100 Dollars ($50,000.00)Sum"), except as providedin Section 1.6. The method compensation set forth in the Schedule of Compensation a include sum paymenton completion, a e t in accordance with the percentage of completion of the Services, payment for time and materials based upono It s rate schedule, but not exceeding the Contract Sum, or such e tho s as maye specified in the Scheduleof Compensation. The Contract Sum shall include the attendance of Consultant at all projecttins reasonably ee enecessary City; Consultant l not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual ande ss r expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation forth in the Scheduleof Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except a provided in Section 1.6 of this 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit it o later than the tenth( ) working dayo such month, in the form approved y City's Finance Director, an invoice for Services rendered rior to the date oft e invoice. Such invoice shall (1) describe in detail the Services provided, including i e and materials, and () specify each staff member who as provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification a principal member o Consultant specifying that the payment requested is for Services performed i accordance with the terms of this ree . Subject retention pursuant to Section ., City will pay Consultant for all items stated thereon whichre approved by City pursuant to this Agreement no later n thirty (3) days after invoices are received City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved i advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writingy both City and Consultant in advance o the Additional Services ein rendered by Consultant. y compensation for Additional Services amounting to five percent( %) or less of the Contract Sum may be approved y the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La QuintaCity Council. Under no circumstances all Consultant receive compensation for any AdditionalServices unless prior written approval r the Additional Services is obtained from Contract Officer pursuant to Section oft is Agreement. Last revised April 2015 -3- 3.1 Jimg gf E55eoc-e. Time is of the essence in the performance • this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and Exhibit C, it is understood that the City will suffer damage. 3.2 Schedule of PerforM—ance. All Services rendered pursuant to this Agreement 0all be performed diligently and within the time period established in Exhibit C (the "Schedule • Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force MaJeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent • delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated ir this Agreement, the term of this agreement terminate on June 30, 2017 ("Initial Three (3) additional year(s) upon mutual Term"). accordance with Sections 8.8 or 8.9 of shall commence on July 1, 2016 and This Agreement may be extended for pgreement by both parties ("Extended 4.1 The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the Services specified herein and make • decisions in connection therewith: a. Ron Beehler, Director of Building & Safety E-mail: b. Chris Vogt, City Liaison E-mail: Last revised April 2015 4- C. Tom Hartung, Project Manager E-mail: thtcerr It is expressly understood that the experience, knowledge, capability, and reputation of the foregoingri ci is were a substantialinducement r City to enter into this Agreement. Therefore, the foregoing ri ci is shall responsible ri e term of thisr r directing all activities of Consultant n devoting sufficient i to personallysupervise the Services r r purposes of this Agreement, the foregoing inci is may not be changed sul r personnel may be assignedperform Services required r r without the express it r vCity. .2 Contract Offc r. The _ "Contract Officer" shall _ Timothy Director/CityDesign and Development r such other person designated in writingthe Cityf City. It shall be Consultant's responsibility ss r that the Contract Officer is kept informed of the progress the performance othe Services, and Consultantshall refer any decisions, that must be made by City Contract Offc s otherwise specifiedherein, any approvalfCity required r rll mean the approval oft Contract fcr. The Contract Offis ll have authority to sign all documents on behalf of City required r u r to carry r f this 4.3 The experience, knowledge, capability, and reputation s It n, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this r , Consultant shall not contract i t r entity to perform in whole or in partServices required r u without the expresswritten approval of City. In addition, i r this Agreementnor any interest herein transferred,assigned, conveyed, hypothecated, or encumbered, voluntarily r by operation of law, withoutprior written approval of City. Transfers restricted hereunder shall include transfer to any person or group of personsacting i concert r than twenty five percent%) of the present ownership and/or control f Consultant, i ll transfers into accountcumulative basis. Any attempted r purported assignment or_ contracting by Consultant withoutit ' express ritten approval shall be null, void, n effect. No approvedr n r shall release Consultant of any liability r n er without the express consent of City. 4.4 Independent Contractor. Neither City r any of its employees shall have any control over the manner, mode, or means by whichConsultant, its agents, or its employees, perform the Services required herein, except as otherwise set forthherein. City shall have no voice in the selection, discharge, supervision,r control Consultant's employees, servants, representatives, r agents, or in fixingtheir number r hours of service. Consultant shall perform all Services required er i n independent contractor f City and shall remain t all times as to Citywholly independent contractor i l obligations r consistent i role. Consultant l t at any time or in any manner represent t it or any of its agents Last revised April 2015 5 or employees are agents or employees of City. City in any way or for any purposecdeemed to be a partner of Consultantin its business or otherwise or a joint venture or a member of any joint ter rise with Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf o City. Consultant all not at any time r i o represent t i or its agents r l r is r. employees of City. Except for the ContractSum paid to Consultant r i e in this r n, City shall not pay salaries, wages, or other compensation to Consultant for performinge Services hereunder for City. City shall of be liablefor _compensation indemnification to Cons It t for injury or sickness rii out of performingServices r r. Notwithstanding anyr City, state, or federalpolicy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this r t shall not qualifyr become entitledto any compensation, benefit, or any incident i y, including but not limitedli i i it t enroll in the California Public Employees Retirement S (86 „) as an employee of City and entitlementcontribution to be paidCity for employer contributions and/or employee contributions for PERS benefits. Consultant pay l required taxes on amounts paid to Consultant under this r , and to indemnify n i harmless from any and all taxes, assessments, penalties, and interest ss r against City so independent ct ct r relationship created is Agreement._ Consultant l fully comply withworkers' compensation lr i Consultant and Consultant's to . Consultant furtherr s to indemnify ofd City harmless from any failureConsultant to comply with applicableworkers' compensation laws. City l v right against _the amountof any payment due to Consultant r this r n amount due to City fromConsultant result of Consultant's failure to promptly to City reimbursement or indemnification ariin is Section. 4.5 Identity Qf persons lrforrriina parka Consultant represents that it employs r will employ at its own expenseall personnel required r the satisfactory performance of any and allf the Services set forthrei ult t represents that e Services _ required rein will be performed by Consultant or under its direct supervision, and that all personnel engaged in suchor lfully qualified shall be authorizedn er itted under applicable State andlocal law to perform such s and services. Cit Coseratior. City shall provide Consultant wi y plans, publications, reports, statistics, records, or other dataor information pertin the Services to be performed hereunder which arev it i s It only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginningf any Servicesunder this Agreement and throughout the duri r of this Agreement, Consultant shall procure maintain, at its -sole cost and expense, and submit concurrently wit its execution of Last revised April 2015 -6- this Agreement, policies of insurance as set forth in Exhibit(the "Insurance Requirements") is is incorporated rei y this reference n expressly e part hereof. 6.0 INDEMNIFICATION. 6.1 Inclemnification. To the fllest extent permittedy law, Consultant shall indemnify, protect, defend (with counsel ec e City), and hold harmlessit and any and all of its officers, employees, agents, and volunteers as set forthin Exhibit ("Indemnification") which is incorporated herei i reference and expressly part hereof. 7.0 RECORDS AND REPORTS. Last revised April 2015 -7- the State Auditor, at the request it r as part of any auditf City, for a period three () years ter final payment under this Agreement. 7.3 All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer flies, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, t r documents or works of authorshipfixed in any tangible mediumexpression, including but not limited isal drawings, digital renderings, r data storeddigitally, a tic ll , or in anyother medium preparedr causedr re y Consultant, its employees, subcontractors, and agents in the performance of i r n "Documents and Materials")lproperty of City and shall be deliveredo City upon request of the ContractOfficer or upon the expiration r termination of this Agreement, and Consultantshall v claim r further employment or additionalcompensation as a result of the exerciseCity f its full rights of ownership, reuse, or assignmentof the Documents and Materials hereunder. Any u, reuse or assignment of such completed oc is and Materials for other projectsand/or use of uncompleteddocuments i t specific written authorization by Consultant will be at City's solerisk i i i it to Consultant, guarantee rr ties shall not extend to such use, revise, r assignment. Consultant may retain copies uc Documents ri is for its own use. Consultant av unrestricted right concepts embodiedr iAll subcontractors shall provide for assignmentCity of any Documents and Materials prepared by them, and in the eventConsultant it t secure such ssi , Consultant shall indemnify it or all damages resulting therefrom. In the event i or any person, firm, or corporation a on y City reuses i Documents n t i is without written verification or adaptation by Consultant r e specific purpose intended and causes e made or makes any changes r alterations in said Documents and Materials, City herebyreleases, is ar , and exonerates Consultant r liability resulting from i change. The provisionsf this clause shall survive the termination or expiration of this Agreement andshall thereafter remain in full force and effect. 7.4 Licansin of Intellectual lira arty. This Agreement creates o - xcl iv and perpetual license for City copy, use, modify, reuse, r sublicense any and all copyrights, i s, rights of reproduction, n other intellectual r rembodied in the Documents and Materials. Consultant shallrequire all subcontractors, if any, to agreein writingthat City is granted a non-exclusive and per l license for the Documents and Materials the subcontractor r ar s under this Agreement. Consultantrepresents and warrants that Consultant as the legal right to license n and all of the Documents and Materials. Consultant makes no suchrepresentation and warranty in regard e Documents and Materials which werer y designr ssi is other than Consultantr provided to Consultanty City. City shall not be limitedin any way in its use of the DocumentsMaterials at any time, Last revised April 2015 provided that any such use not within the purposes intended by this Agreement shall e at City's sole risk. .5 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required law. Consultant shall not disclose to any other entity or person any -information regarding the activities of City, except as required y law or as authorizedy City, 8.0 ENFORCEMENT M_ . .1 California Low. This Agreementshall be interpreted, construed, n governed of s to validity and to performance of the parties in accordance with laws oft e State of California. Legal actions concerning any dispute, claim, r matter arising out of or in relation tot is Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court insuch county, n Consultant covenants and agrees to submit to the personal jurisdiction o such court in the event of such action. .2 2iWutes. In the event of any dispute arising under this Agreement, the injured arty shall notify the injuring ry in writingf its contentions by submittinga claim therefore. The injured part all continue erfor in its obligations r u r o long s the injuring r commences to cure c default it i ten () days of service of suchnotice lees the cure of such default within forty-five () days after service of the notice, or such longer period as may be permitted by the ContractOfficer; provided that if the default is an immediate an r to the health, safety, or general welfare, City may take such immediate ci n as City deems warranted. Compliance with the provisions of this Sections all be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, rovi e that nothing hereinshall limit City's right to terminate thi ree e without cause pursuant to Section 8.8. Duringe period- of time that Consultant is in default, City shall hold all invoices shall, when the default is cured, proceedit y en n the invoices. In the alternative, City may, in its sole discretion, elect to pay someor all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold frommonies aya le to Consultant sufficient funs to compensate City foray losses, costs, liabilities, or damagesit reasonably beli ves were suffered by Citydue tote default of Consultant in the performance of the Services required this Agreement. .4 Waiver. No delay or omission in the exercise f any right r remedy of a non -defaulting party on anydefault shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant riris City's consent or approval shall not be deemedo waive or render unnecessaryCity's consent to or approval of any subsequent act of Consultant. Any waiver by either Last revised April 2015 gu partyf It must be in writingand shallt be a waiver of any other default concerning same any other provision of this r 8.5 Rights and Remedies are Curr7ulative. Except with respect rights_ remedies expressly declaredexclusive in this Agreement, the rights and remedies of ri s are cumulative and the exercise by either party of one or more of such rights or remedies sll not precludeexercise i, at the some or different i , of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party take legal action, at law or at equity,t cure, crrc, or remedy default, to recover s for any default, to compel specific performance of thisAgreement, to obtaincl t r r injunctive reli , or to obtain t r remedy consistent with the purposes of this Agreement. 8.7 Li uicl t d lama es. Since the determination of actual damages for any delayin performanceoft is Agreement wouldextremely difficult or impractical t determine in the eventbreach is Agreement, Consultant ll be liable r and all pay to City the s [EIGHT HUNDRED AND FIFTY dollars( )] as liquidated s for each workingt in the performancen the Services required r , as specified in the Schedule of Performance. In addition, liquidated damages may be asses it comply withemergency call out requirements, if any, described in the Scope f Services. City mayit from moneysany cc f the Servicesperformed s ltaaccrued liquidated ._ 8.8 Termination Prior To x iration fif Terra.This Section shall _ govern n termination of thi r nt, except as specifically providedin the following Section for termination for cause. City reserves the right tr it this Agreement at any time, with or without cause, upon thirty () ' written notice Consultant. o receipt of any noticetermination, shall immediately cease all Services reu r except such e _ specifically appr v the Contract fficer. Consultant_shall be entitled to compensation for all Services rendered i r to receiptf the notice of termination and for any Serviceson y the Contract Officer thereafter in accordance with the Schedules ti n or such s may be approvedy the Contract Officer, except as provided in Section 8.9 Termination fr Default _f_Consultant. If termination is dueto the failure Consultant o fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the Servicesn r cut same to completion by contract or otherwise,Consultant l be liable extent the total cost r completion of the Servic required reu exceeds the compensation r in stipulated (providedt City all use reasonableefforts to mitigate such s, and City y withhold any payments to Consultantfort e Last revised April 2015 -10 purpose of setoff or partial payment of the amountsowed City as previously stated i Section 8.3. 8.10 Attorneys' Fees. If either party to this Agreement is required o initiate or defend or made e party to any action or proceeding in any way connected wi this Agreement, the prevailingart in such cti or proceeding, in addition to any other relief which may be granted,ether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant tat is Section all not exceed the hourly rate paid by City for legal services multiplied e reasonable number of hours spent by the prevailing party in the conduct litigation. Atorn y ' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees_shall be entitled to all other reasonable costs for investigating such action, taking depositionsn iscov r, and all other necessary costs the court allows which r incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecutedo judgment. The curt may set such fees in the same action or in a separate action brought for that purpose. 9.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. .1 Non -liability of City Officers and Ern lay ees o officer, official, employee, agent, representative, or volunteer of City shall be personally liable o Consultant, or any successor in interest, in the event or any defaultor breach by City or for any amount ish may becomedue to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which wouldin any way hinder Consultant's performance of the Services under this Agreement. Consultant further covenants a in the performance of this r nt, no personhaving n such interest sll be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoidconflicts of interest or the appearance of any conflicts of interest it e interests of City in the performance oft is Agreement. o officer or employee of City shall have any financial interest, it c or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreementwhich effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paidor given and will not pay or give any third arty any money or other consideration for obtaining is Agreement. 9.3 Covenant against icri i i . Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, Last revised April 2015 _11® that thereshall be no discriminationagainst or segregation of, any personor group persons account f any impermissible classification including, but not limited t, race, color, creed, religion, x, marital status, sexual orientation, nati [ origin,r ancestry in the performancethis r . Consultant shall take affirmative action o insure that applicants arel that employees aretreated ri employment without regardto their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.0 LL .1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required i other party or any other person shall be in writingeither served personallyor sent by prepaid, first-class it to the address set forthl it r party may change its address by notifyingthe other party of the change of address in writing.tic ll be deemedu is t forty-eight (4hours from the time mailing if mailedprovided in this cti T_ City:Consultant: CITY OF LA QUINTA Attention: Timothy R. Jonasson Attention: Chris Vogt, Director of sign and Development Coachella Valley Regional 78-495 Calle Tampico 431 S. Palm Canyon Drive La inta, California 92253 Palm Springs, California 1.2 inter r t ;tion. The terms of this Agreement shall be construedi accordance i i of the language used n shall not be construed for or against it r party by reason of the authorshipof this Agreement or any other rule o construction is might otherwise apply. .3 Section HPwilin s and Subheadinos. The section headings and subheadings contained in this r included r convenience onl n shall not limit t otherwise affect the terms of this r .4 Counteroarts. This Agreement executed in counterparts, each of which shall be deemed to be an original, and suchcounterparts shall constitute and the same instrument 10.5 Integrated Ar oment. This r_ t including the ex i its hereto is the entire, complete, and excl iv x r i of the understandingthe parties. It i understoodthat there areno oral agreements between the partiesraffecting this Agreement and this r supersedes cancels any and all previous negotiations, arrangements, agreements,n rst i, if any, between parties, and noneall be used to interpret ti r n. 10.6 Amendment. No _ or modification of this _ r t shall be valid unless in writingapproved sult the City Council of Last revised April 2015 -12- City. _The parties agree that_this_requirement for written modifications cannot be waived n t any attempted aiv r shall be void. 10.7 Severabit t : In theevent that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this ree n _shall be declared invalid or unenforceable, such invalidity r unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections o is Agreement whichre hereby declareds severable and shall be interpreted to carry out the intent of the parties hereunder unless invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders is Agreement meaningless. 10.8 Ainfair Business PractJces Claims. In entering into this Agreement, Consultant offers and agrees to assign o City all rights, title, and interest in and to all causes of actionit mayhave under Section 4 of the Clayton Act (15U.S.C.1) or under the Cartwright Ac (Chapter 2, (commencing i Section ) of Part Division 7 of the Business and Professions Code), arising from rc ses of goods, services, or materials related to this ree en . This assignment if be made and become effective t the time City renders final payment to Consultant without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries, With the exception of the specific provisions set forth in this Agreement, there are no intended third -party be fici ries under this Agreement and no such other third partiesshall have any rights or obligations hereunder. 10.10 othoriy. The persons executing is Agreement on behalf of each _ of the parties hereto represent and warrantthat (i) such r is dulyorganized and existing, (ii) they are duly authorized to execute anddeliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such arty is formally bound to the provisions of this Agreement, an (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said rt is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON _FOLLOWING PAGE] Last revised April 2015 -1 - IN WITNESS WHEREOF, the parties have Litthis Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Digitally signed by Frank J. Spevacek DN: serialNumber=g8zl 7znOv5Ow4d3x, c=US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2016.07.07 17:02:25 -07'00' FRANK J. SPEVACEK, City Manager Dated: ATTEST: Digitally signed by Susan Maysels DN: serial Nu mber=j4r7l lig 1 ppsr45f, c=US, st=California 1=1-a Quinta, o=Susan Maysels,cn=�usan Maysels Date: 2016.07.07 17:17:41 -07'00' SUSAN MAYSELS, it Clerk La Quinta, California ---------- ---- M WILLIAM H. IHRKE, City Attorney City of La Quinta, California Last revised April 2015 -14- CONSULTAN,T:) By: c-J Ron Be"ehler Title: Director of Building & Safety Services Dated: By: Name: Title: Dated: Exhibit A SCODe of Services Mm BUILDIN-G ADMINISTRATIVE- SERVIC ES Typical Building Administrative Services include: a Serve as the City's Building Official, on -site, as needed • Provide recommendations for improvements to plan check routing, tracking system, inspection procedures and improvements/modifications to expired permit procedures • Deliver building code updates and adoption ® Assure resolution to resident inquires and complaints VON • Prepare Conditions of Approval & review standard conditions of approval and update, as needed • Maintain the Building and Safety procedure manual • Compile monthly reporting of building and safety activities and annual reporting • Adjust staffing levels to ensure that all established service timeframes are met PLAN CHECK SERVICES Plan Check Services include the following elements: Plan review of residential, commercial and industrial buildings and structures for compliance with the adopted version of the California Building Code, Mechanical, Plumbing, Electrical, CASp, Title24, Americans with Disabilities Act, LEED, Green Building, Fire, and all other state mandated ordinances and codes. * Our staff wilt conduct accelerated plan review on as as -needed basis as requested by the City. * We have several staff members who are CASp certified and who will be made available as needed. * We will maintain records related to all plans, calculation and documents received. We will provide, in the City's approved format, a complete list of plan check comments referring to appropriate sheets, details or calculations pages and the code section of concern. Plan review lists shall bear the stamp and signature of a licensed engineer when required. * A designated staff member will be available during counter hours and all phone calls will be returned the same day. • Plan checkers ill also be available duringr rs to discuss -and clarify plan check issues i si n r, owners andcontractors. Resolution of code issues may be by telephone, r meetings prior to resubmitting corrected p documents. • Plan checkers will attend_ all required meetings_directed the City.__ ill submit accurate and timely reporting n the activitiesthe City in the formatapproved by the C • All plans will be pickedwithin ur upon notification liv rback to e city at no cost to the City. • Maintain a high level of customer rvic to the community. Code Interpretations Code interpretations are subject to final review approval y the Building Official and or City designatedInterwest nsulti r u 's engineers and plans examiners ill provide unbiased recommendationsn c r n information help the BuildingOfficial informed ecisi n. All plan review comments are subject o review r v l by the Building Department. Communicating Plan reviews ill consist of written comments and redlined plans copy). Comments and redlined plansor approval/denial letter and 1st of plans will be returned the City t r each review iscompleted. Specifically, plan reviews,when not immediately approved, will result inlistso _comments referring to specific i r i referencing applis l code sections. Interwest Consulting Gr u ill provide a clear, concise, nthorough document(i.e., comment list) from is clients, designers, contractors, r can work. Comment lists are deliveredo our clients and other designated recipients (e.., designers, contractors, owners) via email, FAX, and/or reliable overland rri r. If requested, r Consulting Group will transmit plan review comments and _coordinate re -checks directly to theis s required n competed l review documents ready for approval will be returned the Cityr final approval. On - Site Services _ Meeting Interwest Consulting r full-time f of experiencedl reviewers n licensed architects, structural andcivil engineers availableo perform on-sitel review. n r n City may require the servicessit t reviewer from timeo time. Also, many of our inspection r n l are cross -trained anskilled in performing bothr counter n inspection i s as a potential added cost - savings to the City. In addition,_staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection r n s With some reasonable limitations, pre -construction a 'pre -design tin associated with _ projects that we lreview are considered __of the _ plan review service. matchthe Ci's inspection goals _and philosophy. All Interwes,tConsulting Group inspectors r Ccrii Interwest staff has performed inspection services i variety f construction projects including custom , large residential developments, andcommercial, institutional and ess i l service buildings. We providevaluable experience gained through successful i government clients throughout lif i is clear understanding oe construction pr e s enables our people to quickly identify resolve r l s both in the officein the field. Assigned t ill perform continuous or periodic construction inspections verify that the work of construction is in conformance i approved r c well as identifying issues -c li c i applicable it i codes. r inspector candidates can provide dualla check inspector services for our clients. When necessaryr large r fast -track pr j t, multiple inspectors r available. Staff assigned will _contact the BuildingOfficial for interpretations, local ordinances, local re r nc , alternate materials and exceptions/alternatesto the model codes. They will report directlyto the jurisdiction i iOfficial r other person designated for allproject-related or. Items,ifany, which cannot be resolved t me project inspectors and contractors, ill be forwarded it i Official for final resolution. Inspection r on 1 assigned will be ableto read, understandinterpret construction s, truss drawings and calculations, r r i i accurate records and reports, communicate effectively orally in writingor effectively with contractors, lic and general staff. Inspectors ill posses knowledgeapproved n s, materials, tools and safety used i building inspection an current buit in t Services include, u r limited aPerform a[[ necessary it i inspections in a timely and courteous ma r. Resolve code interpretation issues in thefil. Enforce compliance wi the conditions ry 1, provisions of your jurisdiction's or i c code requirements forth on the plansr which a permitiss Observe each project the completion the various s of construction r compliance wit the appropriate buildingcode; state disabledaccess r regulations. Identify issues of _ non-complianceith applicable buildingcodes. Pnqiirp that nripmintp r rnr e, nrp rnnintninpHnr nI I hiiildinn i qn rtinn nrtivi i e Administrative ui including but not limited scheduling inspections and record in: Coordinate with _ Code EnforcementOfficer on building _ code violations. Coordinate wi lic Works Inspectorsmatters involving lie water, sewer, stormr inage and street improvements. Integration with City Staff and Departments s municipal consultants ri ictions, Interwest staff is highlyi to all processes and proceduresquickly l ly assimilates to your specialized requirements. Al personnel are cross -trained in municipal operations to successfully bridge across departments and areaccustomed to partnering, assisting, and coordinating wi l i, Public Works, Code Enforcementother vital City staff and departments. Inspection Interwest Consulting Gr u inspectors r_familiar with a multitudef jurisdictional scheduling tracking systems and can quicklyt to Cityrequirements. Inspectors will provide inspections for all inspection requests received. r c inspections (usually requests that pertain to a serious or urgent life/safety issue) can be provided they arenights, weekends and holidays. Many of our inspectors are also available to serve at the public counter needed. EquipmentTools & Interwest ConsultingGroup provides all vehicles, fuel maintenance, and other equipment ec r or inspectors to carry out duties. PERMIT TECHNICIAN SERVICES Interwest Consulting Gr ill furnish exceptionally qualified personnel as required for the City'sfront counter. All staff operates xe sin of the Cit's team, understands the importance of exemplarycustomer service, are n l l on the inner -workings of buit i r , and are thoroughly familiar with the building lic ti it process. r permit techniciansr iliar with a multitudeof jurisdictional scheduling tracking systems can quicklyt to Cityrequirements. Many of our staff iso dual -role employees and can serve as both inspection and front counter support. Personnel or collaboratively i applicants and have"can o" attitude l resolve issues and minimizeanxiety r applicants. Qualified n i ill be presentedfor City approval. Permit Technician personnel can provide the following,u r not limitedto: ✓ Full -Service ron Counter u or Permit Processing and Issuance Assist with Inspection and Plan ReviewProcedures ✓Respond to Resident Inquiries Process u lic Record Requests Updateits to Outside Agencies ✓ Prepare Statistical Reports_ ✓Maintain Records/Storage/Imaging PLANN I _ G SERVICES_ PlanningServices . Review, analyzeevaluate iscr i r case applications c r i to City standards. Utilizeit l c r is and paper flies to research pr vi r v. 2. Prepare environmental assessments, including initial i s, negative declarations, program EIR checklists and mitigationmonitoring r s to ensurecompliance wi ld a project require nvi n n l Impactrts, the City would contract for preparation of that document -separately through competitive r l process or through the list of approved consultants. 3. Route plansvarious i departments, consolidate comments, and present - recommendations revisions isant. Work withother departments to ensure consistency of comments. 4. Prepare cr check comments, letters to applicants, and staff reports. 5. Maintain communications wi lic ns, interested parti s, property owners, homeowner associations, etc. Respond to inquiries about the projectr residents an lice s. . Prepare notices for public meetings and hearings and hearings in accordance with CityCEQA requirements. :_ Attend community meetings and public hearings as required r t reports to various City Commissions City Council. 8. Manage the projectschedule in accordance wit the City's adopted time frames. maintain, and close l cr is and paper flies in accordanceit City procedures. 10. Assign street names and es for projects as required. . Review grading,building, ndemolition l r consistency wi discretionary a rev is and environmental mitigation, if appropriate. . Provide backupthe counter if necessary Environmental sis Work efforts related to analysis of proposedr j c r compliance wit the California vir n t lit c. This include preparation of required c is i studies, peer review ac is studies prepared by others, preparation of InitialStudies,tiv Declarations, Environmental Impact Reports, and/or other CEQA related documents as needed by the City. Various General Work efforts related to preparation of the various n r l Plan Element and updates. This may include prepar i of the documentitself, required technical sto i e peerreview technical studies t re others, preparation of Initial Studies, Environmental Impact Reports and Negative Declarations, and or other CEQA relateddocuments as needed by the City. Consultants will be expectedn n provide li y control for all aspects of the preparation of the document, including environmental documentation. . Performance Standards: Consultant shall r r ll services as outlinedin t" "Scope Services" (Exhibit ) on an "as needed basis" within the cast rates of the "Schedule Compensation" (Exhibit B) and time-framest in t "Schedule r r nce" (Exhibit C) to the satisfaction of City of La Quinta designDevelopment uil i Division. Exhibit Schedule l_ Compensation With the exception_ _ f compensation r Additional Services, provided for i Sectionis Agreement, the maximumtotal compensation i t Consultant under this Agreement is Fifty Thousand and 00/100 Dollars ($50,000.00) ("Contract Sum" ), The Contractshall be paidConsultant in installment payments made on a monthlyis and in an amount identified in Consultant's schedule compensation tc rt for the worktasks performedproperly invoiced by ConsuIt in conformance it d i this t, HOURLY RATE Certified l is iHourly Seniort n Check Engineer Senior Plans Examiner Permit cici an 65 Senior it i Inspector 88 Building Inspector 80 Rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations BILLING PROCESS Invoices are typically generated upon the conclusion of the month. Int r es Consulting Group ill work withthe City to supply the necessary billing information. Exhibit Schedule of Performance Consultant shall complete allservices identi i is ,_Exhibit _ of this Agreement,i ccr ce with the ProjectSchedule, attached hereto incorporated heri this reference. Exhibit Insurance Requirements .1 Ir-suronce. Prior tote beginning of and throughout the durationo this Agreement, the following dlicie shall be maintained ande in full force and effect providing insurance with minimumlimits as indicated elo and issued by insurers with A.M. Bestratings of no less than -: Commercial General Liability (at least as broad as ISO CG 0001) $, (per occurrence) 2, (general aggregate) Commercial Auto Liability (at least as broad as ISO C ) 1, (per accident) _Errors_ and Omissions Liability 1, (per claim aggregate) Workers' Compensation (per statutory requirements) Consultant shall roc re and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries ain ersns or damages to property resulting from Consultant's acts or omissions rising out of or related o Consultant's perfor nce under this Agreement. The insurance olicy shall contain severability of interest clause providing that the coverage shall be primary for - losses arising out o Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing e foregoing and namingit and its officers and employees ition l insured (on the Commercial General Liability oic only) shall be deliveredo and approved y City prior to commencement of the services hereunder. Consultant shall carry automobile liability insurance of $1,000,000 per accident ist all claims for injuries against rsons or damages to property arising out of the use of any automobile y Consultant, its officers, any person directly or indirectly employed y Consultant, any subcontractor or agent, or anyone for whose acts any of them maye liable,arising directly or indirectly out of or related o Consultant's performance underthis Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant ll provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited o, a land oor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance poic shall contain severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required o contribute to such loss. Professional io iiy or Errors and Omissions Insurance s appropriate be written on a policyform coverage specificallydesigned o protect against acts, errors or omissions of the consultant and "Covered r ssi l Services" a designated in the policy must specifically include work performedunder _this agreement. The policylimit sall be no less tan $1,000,000per claim in the aggregate. The policyy on behalf of' the insured and mustinclude provision establishing the insurer's duty to defend._The policy retroactive shall be n or before the effective to of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with _State Worker's Compensation laws withemployer's liability limits no less than per accident or disease. Consultant shall provide written notice to City within ten (1) working days if. (1) any of the required insurance policies is terminated; O the limits of anyof the required olices are reduced; or () the deductible or self -insured retention i increased. In the event anyof saidpolicies of insurance are cancelled, Consultant shall, prior to the cancellation dsubmit new evidence of insurance in conformance with this x i it to the Contract Officer. The procuring of suchinsurance or the delivery of policies or certificates evidencing the same shall of be construed as limitation _of Consultant's i do to indemnify City, its officers, employees, contractors, subcontractors, r .2 Remedies. In_ addition to any other remedies City may have if Consultant fails to provideor maintain any insurance polici s or policy endorsements to the extent and withini rei required, City may, at its sole option: a. Obtain such insurance and _ c _ and retain unt of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold y payment(s) which become due to Consultant reu r until Consultant demonstrates compliance wit requirements reo. C. _ Terminate this Agreement. Exercise _ of _any of the aboveremedies, v_r, is an alternativeo any other remedies City may have. The above remedies t not the exclusiveremedies t Consultant's failure to maintainr 'secure r ri t olici r endorsements. Nothing er i contained shall be construed s limiting in any way the extent to which Consultanta e held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of workunder this Agreement. .3 General Conditions Pertainina to Provisions of Insurance Covers o 0 Consultant. Consultant and City agree to the followingit respect to insurance provided y Consults 1. Consultant agrees to have its insurer endorse the third party general liability coverage required erei o include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 withan edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's eloees, or agents, from waiving e right of subrogation rior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant an available or applicable tot is Agreement are intended to apply tot e full extent of the policies. Nothing contained in this Agreementor any other agreement relating o City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance wi these requirements if they include limiting endorsement of anyi s not been first submitted to City and approved in writing. liability policy shall contain any provisionor definition that would serve to eliminate so-called "third rty actionover" claims, including any exclusion for bodily injury to an employee oft e insured or of any contractor or subcontractor. 6. l coverage types _ and limits required are subject o approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage . elimination of contractual liability or reduction of discoveryperiod) that may affect Ci's protection without Cit's prior written consent. 7. Proof of compliance wi these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required an additional insured endorsement to Consultant's general liability lic, shall be deliveredo City at or prior tote execution of this Agreement. In the event c roof of any insurance is not delivered as required, or in the event such insurance is canceled a y time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary o protect its interests under this or any other aree ent and to pay the premium. Any premiumo paid by City shall be charged to and promptlypaid Consultant or deducted fromu ue Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to ipply first and on a primary, non-contributing basis in relation to any other insurance •r self-insurance available t# 9 ' Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant igrees to monitor and review all such coverage and assumes all responsibility for 6nsuring that such coverage is provided in conformity with the requirements of this cection. Consultant agrees that upon request, all agreements with subcontractors a # others engaged in the project be submitted to City for _. Consultant _r s not to self -insurer to useself-insured retentions ucti 1portion insurance required herein i the exception rf i l liability coverage, if required) and further agrees that it will not allow contractor, subcontractor, Architect, Engineer or other entityr person in any way involved in the performancer r c contemplated this agreement tself-insure its obligations to City. If Consultant's xi in coverage includes cti l r self -insured retention, ucti l r self -insured retention must be declared to the City. At that time City shall review tiwith the Consultant, is include reduction r elimination of the deductibleor self - insured retention, substitution t coverage, r other solutions. 11. The City reserves the right _t any time_ during _ the term f this Agreement to change the amounts and types of insurance required ivi the Consultant ninety ) days advancewritten notice such change. If such change results in substantial additional cost to the Consultant, City it ti t additional compensation pr rti l to the increased fit to City. 12. For purposes of applyinginsurance coverage only, this Agreement will be deemed to haven executed immediately upon any partyhereto taking steps that can be deemed to be in furtherance of or towards r r c this 3. Consultant acknowledges r_ s that any actualr alleged failure on the partCity to inform It t of non-compliance wit insurance requirement in no way imposes any additional obligations on City r does it waive y rights hereunder in this regard. 14. Consultant will renew the required coverage null _as long as City, r its employees or agents faceexposure r operations of any type pursuant t this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. r inti is obligation is not effective until City executes rit n statement to that effect. - 15. Consultant shall provide proof that policies of insurance required herein expiring duringe term of is Agreement have been renewed or replaced with other policies providing at least the some coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate o insurance and/or aitional insured ors ent as required in these specifications applicable to the renewing or new coverage must be provided to City within five O days of the expiration of coverages. . The provisions of any workers' -co nsa ion or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees of to use any statutory immunity efens under such laws with respect to City, its employees, officials, and agents. . Requirements of specific coverage features or limits contained in this section r of intended as [imitations on coverage, limits or other requirements nor ass waiver of anycoverage normally provided by any given policy. _Specific reference o s given coverage feature is for purposes of clarification only as it pertains to a given issue, n is not intended y any party or insured to be limiting or all-inclusive. 1. These insurance requirements are intended to be- separate _ n distinct from any other provision in this Agreement and are intended by the parties ere to be interpreted as such. 9. The requirements in this Exhibit supersede all other sections an provisions of this Agreement to the extent that any other section or provision conflicts with or impairs e provisions of this Exhibit. 20. Consultant agrees to be responsible for ensuring that no contract use by any party involved in anyay with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required this agreement. Any such provisions are o be deleted withreference to City. It is not the intent of City o reimburse any third party for the cost of complying ih these requirements. er shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agr e o provide immediate notice to City of any claim r loss against Consultantarising out of the work performedunder this agreement. City assumes no obligationor liability by such oic , but has the right (but of the duty) t monitor the handlingof anysuch claim r claims if they are likely o involve City. Exhibit F Indemnificatior raRrITAT067M M#R 1, a. Indemnification for Prof_Ahft. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without [imitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, I'll - - - MolzmAmwAilik, - - - legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall rmt rU+�e. At ity & n-ra &2�+j n at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for OthgLThgb�f;Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any 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, without [imitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. F.2 Standard Indemnificgt Jan Proviqi6ns. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant aarees to be fultv resr)onsible accordina to the terms of this Exhibit. Failure of City to monitor compliance w_i these requirements imposes no adi i l obligations on City and will in no way act as a waiverrights hereunder. This obligation to indemnify City r r i is binding successors, assigns or heirsConsultant survive the terminationi agreementis section. a. Without affecting the rights of Cityunder any provision of this r t, Consultant shall not be required to indemnify of harmless it liability ri t l to the active negligence i provided cactive negligence is determined by agreement betweenthe partiesr by the findings curt of competent jurisdiction. In instances wher it is shown to haven actively negligent o r City'City's active negligence cc u is for only a percentagethe liability involved, the obligation Consultant ill be for that entirein or percentageliability t attributable the activenegligence f City. OFFICER'S I, Terry Rodrigue, hereby certify 1. I am a duly _elected,qualified ting President and CorporateSecretary f Interwest Consulting Group, Inc., a duly organized andexisting Colorado corporation; and 2. Interwest Consulting_ _Group, Ic. policy sets forth__ the delegation _ f authority to company's officers and employeesto create i ci 1, contractual, n other obligations - on behalf of Interwest in the course of performing their employment. This policypermits delegation of signatureauthority ut rig Contract r i Michael Kashiwagi, Ron Beehler, James G. Ross, and DebraThorson r cauthorized Contract r s i s as long they areIcy Interwest, andtherefore this I ticn each has signature aut rit sin proposals and bindt Consulting r , Inc. in contractual commitments. IN WITNESS I have executedthis Officer's Certificate and affixed corporate seal of Interwest Consulting Group, Inc. this . Interwest Consulting Group, Inc. I Corporate I Terrydrigue President and Cor e to Secretary State f Colorado) ) ss: County of Boulder ) The undersigned, _ Public, does herebycertify that on this Iday of �"�ILA-RILLel' —, 2015, personally appeared before, Terry J. Rodrigue, who being first duly sworn an oath, declared that he is the President and Corporate Secretary of Interwest Consulting Group, Inc. and that he signed the foregoingdocument in his capacity as President and CorporateSecretary corporation, that the statements contained r in are true. WITNESSIN I have hereuntos t my hand and seal tdate set forth above. Dorothy 1. Worley ;yNotary Public a. r �� �t, State of Colorado Dorothy orley ,µ.., Notary Notary Public My CommissionExpires July 27, 2017 ACCIII)MY CERTIFICATE OF LIABILITY INSURANCE - DATE (MMrDDrrvrY) 5125 `2016 _'fHIS CERTIFICATE IS ISSUED AS A MATTERINFORMATION ONLY AND CONFERS NO RIGHTSUPON 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 INSU E (S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the olicy(ies) must 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 rights to the certificate holder in liens of such endorsement(s). PRODUCER _. _. NAME: ii"ath Star L7SI Colorado, LLC Prof Liao PHONE P.O. Box 7050 {eat waFtll_00 .83-. �itF,.... E-friAlL Englewood CO 80155 ADDRESS. "(�Rdlt4rES` E af, wq5 INTE RC ON3 ? __. ... INS U RE IS) AFFORDING COVERAGE ....M .... ., INSURED -INSURER A-. TX'3,.ve_j er,- insurance Corn e"1., y Interorest Consulting Group NSURERB XL SnecaaltY. Isisur,ance.,Cganpany „_,,, 37�35 P.O. Box 18330 �.....,. ,. Boulder CO 80308 INSURERC: INSURER D: '_.INSURER E _.INSURER.F-: COVERAGES CERTIFICATE NUMBER:1103050111 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 i ' AODL' BUSR "OLiCY' ,Fi-.:.. POLICY EIXP I,,, ,. A .,., �a . „ ........ .. ..... .. „T, TYPE OF INSURANCEJN POLICY NUMBER M DIENYYY PmInDyYYYY ; LIMITS A 1 GENERAL LIABILITY _... _. Y (Y 6Es fi 7rF t'C7ME7L illf 1T12 t71`i 1tj14l2f116 �tACFi OCCURRENCE00Q p Naila6 G'P TC}'# E ?TE D C x I COMMERCIAL GENERAL LdAEi(CITY , z PtEnslBf lE c e �u g $1 1, 600 CLAIMS -MADE I_X �'.00cl1e�' £ t MED LAP (Any one Person) $10 000 ... _ .�. .., I PERSONAL SAW/INJURY $2,000,000 .,,...,. GENERAL AGGREGATE . S4, 000, 000 GEN9� AGG"REGG,ATE LIMIT APPLIESJI-EVLOC. � ( � (PRODUCTS - CCDMP/OPAVG IS`t, G00, O{IO PRO ` I A 1 AUTOMOBILES LIABILITY IY Y #BA7466M429 t17/14/2015 111/14/`2016 COMBINED SINGLE LIMIT i , a '" ) - r $1, 000, 000 I a 1 ( S (Ea accident) X a ANY AUTO BODILY INJURY (Per person) I $_... i ALL OWNED AUTOS BODILY INJURY (Per aceddent)I $ 4 SC;NF:DUt..EO AUTOS S t YF2C;PF';ti"Y DAMAGE 1}{ HIRED laiJTOC; (Per accident) ; $ }n.,. .,. L)C NON -OWNED AUTOS 1 A X UMBRE7LAIAB 7C CDGi;R7R (X 1Y 1GL71r41'7aT6 L'a1.1114J20 i S a 11 j to/2£}1" EIwCB-i QG'CIJRFd CRICC bl 000,00{}E2iCESS r C(AIMS-MADE_. ,. ( .AGO63EC ATL ..,.,. S?°..... 0 .. {lQ 00 1111111111111111111 DEDUCTIBLE . X RETENITPON SO I. (11 J1 A ( WORKERS COMPENSATION y xVMi JUB1 ,4 &?29l 139T93'VC STA i dJ C)uH . . ........... y-C:S*? NY17S 1 r�1' AND EMPLOYERS' LIABILITY _ . ' ANY PROPRIETOR/PARTNER/EXECUTIVE Y1N i } EL EACHACCENT p. IC7 . ,..,., ,. OFFICERtMEMBER EXCLUDED? N t A .a-. (Mandatary in KIN)i FI D1cEa4SE-FAf-h1GPt CDYE S1, 4t;0, 4©fl If yes, describe under DESGRIPTIC7N OF OPERATIpNS taeltzur E.L �.tDI9 EASL:-PC7LIC`f LIMIT 51,0 C)L1, OQ0 M Professional L.Lab:i_l.zty Y jDiR9'/26H23 1 11`14/201S, Ill/ t4120 I; Per Claz�P¢r... 72,000,000 IPCsll ixSr ors In aM 2Yzc.t.rebeel ' An.nu:al Aggregate reC ate ,000,000 #c'laimv Made j I.. DESCRIPTION OF OPERATIONS /LOCATIONS r VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more ,pace is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated See Attached.,. CERTIFICATE HOL CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED City of La Quints IN ACCORDANCE WITH THE POLICY PROVISIONS. 78495 C'aile Tampico La Quanta. CA 92253 AUTHORIZED REPRESENTATIVE ®190-009 ACORD CORPORATION. Il rights reserved. ACORD 25 (2 0 / 9) The ACORD name and logo are registered arks of ACORD AGENCY CUSTOMER ID: INTERCON35 C #® ACC>R" ADDITIONAL REMARKS SCHEDULE Page of AGENCY.: NAMEDINSURED _...... . USI Colorado, LLC Prof Liao Interwest Consulting Croup . .Q. Box 18330 POLICY NUMBER_.. �—.... Boulder CO 80308 CARRIER INAICCC®®E _.,�_,_��.,_._...��,...�......,, EFFECTWE ®ATE. ADDITIONAL REMARKS THIS ADDITIONAL E ARK FORM IS A SCHEDULE TO ACORD FORM, FOR ER: 25 FORM TITLE; gEFdTIFICATE OF LIABILITY INSURANCE Insured under Automobile Liability; and.. Additional Insured.°s under Umbrella f Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. The General Liability„ Automobile Liability, Umbrella/Excess insurance applies on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General. Liability, Automobile Liability and Employers Liability. Tease note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. ACORD 101 Et01 20 CI t ) 0 CRC CORPORATION. All rights reserved. The ACCRC name and Iogo are registered marks of AC RLI COMMERCIAL AUTO ENDORSEMENTTHIS CHANGES THE POLICY. PLEASE AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement„ DESCRIPTIONGENERAL C is endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement ay be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening rovisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The follmning listing is a general cover- age description only, Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not cover BLANKET ADDITIONALI I VISUAL AND DATA ELECTRONIC EMPLOYEEB. I 1 ® INCREASED LIMIT EMPLOYEESC. INSURED 1. WAIVER OF DEDUCTIBLE — GLASS SUPPLEMENTARYD. PAYMENTS INCREASED J. PERSONAL EFFECTS LIMITS E. TRAILERS — INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICALiSUBROGATION PHYSICALG. — TRANSPORTATION EXPENSES — INCREASED LIMIT T l L t performing duties related to the conduct of The following is added to Paragraph .1 o Is year business. An Insured, of SECTION It'— LIABILITY The following replaces Paragraph . in am Other Insurance, of 1® Any person or organization o is required under I ; written contract or agreement between you and Id. For Hired Auto Physical Damage Cover - that person or organization, that is signed and age, the folloyding are deemed to be cov® executed by you before the "badly injury" or Bred "autos" you own, "property damage" occurs and that is in effect Any covered "auto" you lease, hire, 11115— during the policy period, to a named as an a i® rent or borrow; and MEMO tlonal insured: is an "insured" for Liability Cover age, but only for damages to whiclu this insurance ) Any cover "auto" hired or rented by applies and only to the extent that person or or your "employee" under a contract in ganization qualifies as an "insured`® under the that individual 'employee's" name, o is An Insured provision contained in Section with your permission, whileperform- it. ing duties related to the conduct of M B. EMPLOYEE HIRED AUTO your business. ® e folio 'n is a d t® agar ®® However, any "auto" that is leased, hired, Who la i a r , of l� rent or borrowed t a driver is not a fLl Y cover "auto". • C. An "employee" of yours is an "insured" while EMPLOYEESINSURED operating a covered "auto" hired or rented The folloyAng is added to Paragraph A.I., Who is under a contract or agreement in that "®e Insured, of SECTION 1LIABILITY COV- ployee's" name, with your permission, while CA T4 20 07 10 02010 The Travelers indemnity Company. All rights reserved. Page 1 of Includes copyrighted material of Insurance Services , Inc. with Its parmlsson. 005216 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- "auto" () If a repair or replacement results in better ing a covered you don't own, hire or borrow than like kind or quality, we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARYT - I (4) A deductible equal to the highest Physical LIMITS amage deductible applicable to any owned 1. The following replaces Paragraph ®®®(2) of covered "auto". SECTION 11® LIABILITY COVERAGE: This Coverage Extension does not apply to: { p to $3,000 for cost of ball bonds (in- ) Any "auto" that Is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of a "accident® () Any "auto®" that is hired, rented or bor® we cover, We do not have to furnish these bonds. rowed from your "employee". . The following replaces Paragraph ®®.( ) of ®_ PHYSICAL DAMAGE ® TRANSPORTATION SECTION!I — LIABILITY COVERAGE: EXPENSES — INCREASED LIMIT (All reasonable expenses incurred the The following replaces the first sentence in Para - "insured" at our request, including actual grapha®,TransportationseH of !it -PHYSICAL loss of ea ins u to $ 0 day cause of time off from . E. IL — INCREASED LOAD CAPACITY e will pay up to 50 per day to a maximumof $1,500 for temporary transportation expense in - The following replaces Paragraph C.I. of - curred by you because of the total theft of a cov- TION I — COVERED AUTOS: er "auto" of the private passenger type. 1. ""Trailers" with a load capacity of 3,000 H. AUDIO,t T ELECTRONIC pounds or less designed primarily for travel EQUIPMENT — INCREASED LIMIT on public roads° Paragraph ®®a Limit Of Insurance, of F® HIRED AUTOY 1 L DAMAGE TION III L DAMAGE COVERAGE is The following is added to Paragraph ®®o over® deleted. age Extensions, of SECTION Ili ® PHYSICAL 1. WAIVER OF DEDUCTIBLE COVERAGE:DAMAGE The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION IllPHYSICAL If hired "autos" are covered "autos" for Liability m Coverage but not covered ®"autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended d®_ PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to ..aver- the following: The following is added to Paragraph AoL, (1) The most we will pay for "loss" in any one age Extensions, of SEC71ON Ill — PHYSICAL ®"accident" to a hired, rented or borrowed COVERAGE:DAMAGE "auto" is the lesser of: Personal EffectsCoverage (a) $50,000, We will pay up to 00 for "loss" to wearing_ a () The actual cash value of the damaged or arel and other personal effects which are. stolen property as of the time of the (1) Owned by an "insured"; and "loss'% or O In or on your covered "auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto". . property of like kind and quality. o deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age, condition will be made in determining actual cash value in the event of a total'°loss®"e 40 Page 2 of 3 0 2010 The Travelers Indemnity Company. All dghts reserved- CA T4 20 07 1 Includes copy0ghted mateft of Insurance Service3 Office, tnc, with its permission COMMERCIAL AUTO AIRBAGSK. __ () Any: The following is added to Paragraph B.3., xclu- Overdue lease or loan payments at the suns, of SECTION III — PHYSICAL DAMAGE time of the "loss'; COVERAGE: () Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in® and tear or high mileage; ate due to a cause other than a cause of"loss" (c) Security deposits not returned by the les® set forth In Paragraphs A. . and ..c., but only: sor; If that ';auto is a voted "auto" for Cd pre® ) Costs for extended warranties, Credit Life pensive Coverage under this policy; Insurance® Health® Accident or Disability Insurance purchased with the loan or . The airbags are not covered under any war- lease; and ranty; and (a) Carry-over balances from previous leans c, The airbags were not intentionally inflated, or leases, e will pay up to a maximurn of $1,000 for any T° Ali A one `loss". The following replaces Paragraph A.S., Transfer ®_ AUTO LOAN LEASE GAP Of Rights Of Recoveryins a To The following is added to Paragraph .., over- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III ® PHYSICAL DAMAGE COVERAGE: . Transfer Of Rights Of RecoveryAgainst Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss" to a covered "auto`® of against any person or organization to the ex® the private passenger type shown in the Schedule teat required of you by a written contract ex or Declarations for which Physical Damage ov- cuted prior to any "accident" or "lose, pro- erage is provided, we vilill pay any unpaid amount vided that the 'accident" or "loss" arises out o due on the lease or loan for such covered "auto" the operations contemplated such - less the following: tract. The waiver applies only to the person or () The atoririk paid under the Physical Damage organization designated in such contract, Coverage SeIction of the; policy for that "auto": and some AM CA T°4 20 07 10 0 2010 The Travelers indemnity Company, Ail lights reserved. Page 3 of Includes copyrighted materiel of Insurance Swices office, Inc, with its permission __005217.. COMMERCIAL___ UABILRY L THIS ENDORSEMENT CHMOES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsemnt modifies Insurance provided under the following: COMMERCIAL GENERAL LLABIUTY PROVISIONS _ b. The "personal inju or "adverfising Irifury" for COMMERCIAL GENERAL LIABILITY CONDITIONS iu is sought adses out of an of- (Seclion)a Paragraph 4, (Other 1 u )4 is fen amended as f subsequent W the signing and execution of that 14 The follouring Is added to Paragraphm r agrement by you, In t : 2. The first Subparawaph(2) of Paragraph b. However. N you specifically ds in d xis Insumma regarding any other pdrnary In- t or written agreement that the Insurance pry surance available to you Is deleted. vided to an additional Insured under this 3, The follotting is added to ParaWaph le. ExrAss Coverage Part must n primary basis, or Ineumnoo, as an addIllonal subparagraph under rynon-contributory basis, this I Subparagraph (1): ance Is prfmary to other Insurance t is avaW That is available to the Insured In sured able to own addiflonal Insured whichcovers such is added as an additional Insured under any other additional Insured named Insured, and sell not share with that odw Insurance, provided pol!, Including any urnbrals or arrows policy. that: a The "bodily inju or *property rimnage for coveragewhIch is soughtoccurs; and 37 04 05 Copydght 2005 The SL Paul Travelers Companies, Inc. AN rights reserved. Page t of i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. T. and V. of this endorsement broaden coverage. Provisions U. and W, of this endorsement may limit coverage, The following listing is a general coverage description only, Limitations and exclusions may apply to these coverages, Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and that is and is not covered X Broadened Manned Insured N. Additional Insured Architect, Engineer Or Incidental Medical Malpractice Surveyor C. Reasonable Force — Beadily Injury Or Property Who Is An Insured - Newly Acquired Or Farmed Damage Organizations D. Non -Owned Watercraft — Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture — Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion Tw Waiver Of Transfer Of Rights Of Recovery Medical Payments Limit Against Others To Us When Required By Con- 1. Increased Supplementary entary Payments tract Or Agreement J. Additional Insured — Owner, Manager Or Lessor U. Amended Bodily Injury Definition Of Premises V, Amended Insured Contract Definition - Railroad K. Additional Insured — Lessor Of Leased Equipment Easement L. Additional Insured 4- State Or Political Subdivi W. Amended Property Damage Definition — Tangible sirens — Permits Relating To Premises Property M.Additional Insured -� State Or Political Sttdivi- o Additional Definition - Contract or Agreement — Permits Relating To Operations Requiring Insurance PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the 1® The Named Insured in Item 1, of the Corr- policy period, that you no longer are the sole mon Policy Declarations is amended as fol- owner of, or maintain the majority ownership laws: Interest in, such organization, The person or organization named in Item 1. ; This Provision A. does not apply to any per - of the Common Policy declarations and any son or organization for which coverage is ex - organization, other than a partnership, joint olude venture, limited liability company or trust, of crags Parts which you are the sole owner or in which you INCIDENTAL. MEDICAL MALPRACTICE maintain the majority ownership interest on 1. The following is added to Paragraph 1. I sur® the effective date of the policy. However, ing Agreement of COVERAGE A BODILY 79 09 07 0 2007 The Trave6ers Companies, Inc Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- G. REASONABLE FORCE — BODILY INJURY G ABILITY in COVERAGES (Section I)o PROPERTY DAMAGE "Beadily injury® arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a persona other than a BODILY INJURY AND PROPERTY A AGE co -"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is dew deemed to be carried by an Aeoccurrence". leted and replaced by the following. For the purposes of determining the applica® Expected Or Intended Injury r Damage ble limits of insurance, any act or emission together with all related acts or emissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This seas will be deemed one "occurrence". exclusion does not apply to "bodily injury" or 2® As used in this Provision "property damage" resulting from the use of rea- a: sonable force to protect any person or property, a, "First aid" means medical or nursing sere vice, treatment, advice or instruction; the D. NON -OWNED WATERCRAFT �- INCREASED related furnishing of food or beverages; TO P T 7 FEET the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph 2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft ercraft Exciu- b. "Good Samaritan services" means; those lion in 2. Exclusions of COVERAGE A medical services rendered or provided in G IL INJURY A PROPERTY DA an emergency and for which no rev® ........AGE LIABILITY in COVERAGES (Section 1) neration is demanded or received° is deleted and replaced by the following,- . Paragraph 2.a.(1)(d) of WHO iS AN IN- (2) A watercraft you do not own that Is; S (Section 11) does not apply to any of (a) Less than 75 feet long; and your "employeesB9, who are not employed as (b) Not being used to can persons or a doctor or nurse by you, but only while per- property for a charged forming the services described In Paragraph 1. above and while acting within the scope of Z Only as respects the insurance provided by their employment by you. Any such "employ- "Good this Provision D,, WHO iS AN INSURED (Section 11) is amended to include as an in- ees" rendering Samaritan services" will be deemed to be acting within the scope sured any person who, with your expressed of their employment by you or implied consent, either uses or is respon- sible for the use of the watercraft. 4. The following exclusion is added to Para- graph Exclusions of COVERAGE - , the insurance provided by this Provision 0. ILY INJURY D PROPERTY shall be excess over any valid and collectible LIABILITY in COVERAGES (Section 1)• other insurance available to the insured, Sale of Phannaceuticals whether primary, excess, contingent or on any other basis, except for insurance pur- "Bodily injury or "property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penes of the Limits of Insurance shown in the ecla- siatute or ordinance relating to the sale of rations for this Coverage Part_ pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED IT CREW knowledge or consent of the insured. 1. The fallowing is added to the exceptions con- 5® The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2, Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur® E (Section l): chased specifically by you to apply in excess of the Limits of insurance shown in the Decla® Aircraft chartered with crew, including a pilot, rations for this Coverage hart. to any insured, Page 2 of 8 0 2007 The Travelers Companies, cr,c. CG 03 79 09 07 COMMERCIAL GENERAL LIABILITY fi . This Prevision E. does not apply if the char® any one premises while rented to you, or tered aircraft is owned by any insured, temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner" caused by'. fire; explosion; light - shall be excess over any valid and collectible ning; smoke resulting from such fire" explo- ether insurance available to the insured, sion, or lightning; or rater., The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pear- all "property damage" proximately caused by chased specifically by you -to apply in excess the same "occurrence", whether such dam - of of the Limits of insurance shown in the Decla® age results from: fire, explosion; lightning; rations for this Coverage Parte smoke resulting from such fire, explosion, or F. EXTENSION F COVERAGE — DAMAGE TO lightning; or water; or any combination of any PREMISES TE TO YOU of these causes. 1® The last paragraph of E W The Damage To Premises Recited o You ILY INJURY A AGE Limit will be the higher of: LIABILITY in COVERAGES (Section 1) is a. $1,000,000; or deleted and replaced by the following. b. The amount shown for the Damage To Exclusions c. through ram do not apply to darn- Premises Rented To You Liimit in the age to premises while rented to you, or terra® Deciarations for this Coverage Part. porarily occupied by you with permission of 4o Paragraph a. of the definition of insured con® the owner; caused by: tract"a in DEFINITIONS (Section V) is deleted . Fire; and replaced by the following°. . Explosion; a. A contract for a lease of premises. Phew- c. Lightning; ever, ever, that portion of the contract for a of premises that indemnities any d. Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo® . Water. rarily occupied by you with permission of A separate limit of insurance applies tothis e owner" caused by: fire; explosion; lightning; smoke resulting from such fire, SURANCcoverage as described in LIMITS F i � E (Section Ii1)._ explosion, or lightning; or water is not an "Insured contract"; 2. The insurance under this Provision F. does . This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Reacted To You of to you, or temporarily occupied by you with A BODILYINJURY permission of the owner, caused by; PROPERTYCOVERAGE A LIABILITY in COV. a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another sure relief devices; endorsement to this Coverage Part. be Rupture or bursting due to expansion or G. MALICIOUSPROSECUTION EXCEPTION 1 swelling of the contents of any building or KNOWING VIOLATIONRIGHTS A structure, caused by or resulting from wa- OTHER EXCLUSION ter, or The following is added to the Knowing Violation c. Explosion of :steam boilers, steam pipes, Of Rights Of Another Exclusion in 2® Exclu. steam engines" or steam turbines, slobs of COVERAGES PERSONAL INJURY, 3. Paragraph fie of LIMITS INSURANCE ADVERTISING INJURY IT IN - (Section Ili) is deleted and replaced by the JURY LIABILITYof the WEB XTEND LIABILITY following® Endorsement: Subject to 5. above, the Damage To rent- This exclusion does not apply to "personal injurya@ ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the stint of all damages because of "property damage" to CG 3 79 09 07 0 2007 The Travelers companies, inc. Page 3 of COMMERCIAL GENERAL UABILITY Ile MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new don® The Medical Expense Limit shown in the Deciara- struction or demolition operations tions for this Coverage Part is increased to performed' by or on behalf of such $10,OOOo additional Insured; or 1. INCREASED SUPPLEMENTARY PAYMENTS t j Any premises for which coverage is Paragraphs 1.b. and 1.d. of SUPPLEMENTARY excluded by another endorsement to PAYMENTS — COVERAGES A AND 8 in this Coverage Fart. ERAGES (Section 1) are amended as follows: 3. This Provision J. does not apply on any I. In Paragraph 1.,, the amount we will pay for basis to any person or organization forwhich the cost of bail bonds is increased to$250Q. coverage as an additional insured specifically is added by another en® 2. In Paragraph 1.d., the amount we will pay for dorsoment to this Coverage Part. loss of earnings is increased to 500 a day. K. ADDITIONAL INSURE ® LESSOR O J. ADDITIONAL INSURED -® OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES I. WHO IS AN INSURED (Section It) is 1, WHO IS AN INSURE (edtion 11) is amended to include as are insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part, but: Part, but: a. Only with respect to liability for "bodily in - a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or jury" or "property damage" that occurs, or °.personal injury" caused by an offense ,.Personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and that contract or agreement; and b; Only if the "bodily injury", "property dam- b. Only if the "bodily injury" "property darn- ages" or "personal injury` is caused, in age" or 'personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per - you or any person or organization per- forming operations on your beh-elf, in the farming operations on your behalf, and maintenance, operation or use of equip- anses out of the ownership, maintenance rnent leased to you by such additional ire - or use of that part of any premises leased sured. to you under that contract or agreement. 2. The insurance provided to such additional . The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the fo'ilowing provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con - which you agreed to provide in the con® tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Parts the Declarations for this Coverage Part, whichever are less; and whichever are less; and . The Insurance afforded to such additional bq The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" or "property (1) Any 1ebodily injury® or "property dear- damage" that occurs, or "personal in - age" that occurs, or "personal injury jury" caused by an offense commit - caused by an offense committed, af® to , after the equipment lease ex - ter you cease to be a tenant in that plres; or premises, Page 4 of 8 0 2007 The TravePers G arnpaaaies, iho, CG D3 79 09 0 COMMERCiAL GENERAL LIABILITY - (2) If the equipment is leased with an N. ADDITIONAL INSURED IT CT,_E I - operator. NEER OR SURVEYOR . This Provision K. does not apply on any basis 1. The following is added to Paragraph 2. of r to any person or organization for which cov IS AN i (Section 11) to include erage as an additional insured specifically is as an insured: added by another endorsement to this Gov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL i ® STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part TO PREMISESbut only with respect to liability for "bodily in - The following is added to Paragraph 2. of WHO jury "property damage" or "personal injury's IS AN INSURED (Section 11) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza® Any state or political subdivision that has issued a tion acting an your behalf in connection with permit in connection with premises owned or oc® your premises or your work'. cu sed by, or rented or loaned to, you, but only 2e This Provision N. does not apply on any basis with respect to "bodily injury", BBproperty damage'. to any person or organization for which cov- ,.personal injury„ or advertising injury" arising out erage as an additional insured specifically is of the existence, ownerships use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of adver- erage Part. tising signs, awnings, canopies, cellar entrances, 0. WHO IS INSURED ACQUIRED coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street banners or decorations for which that state or 1. Paragraph 4o . of WHO IS AN IN SURED political subdivision has issued such permit. (Section 11) is deleted and replaced by the following: M. ADDITIONAL 1 STATE OR POLITI- . Coverage under this provision is afforded CAL SUBDIVISIONS ® PERMITS RELATING TO OPERATIONS only until the 180th day after you acquire or form the Organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN IN (Section 11) to include as an such newly acquired or formed organiza- insured: lion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or forms the permit, but only with respect to "bodily injury", organization will be covered under this "property damage", "personal injury" or "advertise provision until the end of the policy pee ing injury` arising out of operations performed by riod, even if there are more than 180 you or on your behalf for which that state or o® days remaining until the end of the policy litical subdivision has issued such permit. Flow® period; ever, no such state or political subdivision is an 2. This Provisions 0. does not apply to any or - insured for: anization for which coverage is excluded by 1. "Bodily injury , "property damage", 'personal another endorsement to this Coverage Part. injury" or "advertising injury arising out of P. WHO IS 'NSURED — UNNAMED PART - operations performed for that state or political NERSHIP OR JOINT T — EXCESS subdivision; or 1® The last paragraph of WHO IS INSURED 2. "Bodily injuryve or "property damage" included (Section I) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any Current or past partnership, joint venture or limited liability company that is not shown as a Named in- sured in the Common Policy Declarations, CG 3 79 09 07 0 2007 The Travelers Companies, Inc, Page 5 of COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liabiiity with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Geri® ship or joint venture: eras .Aggregate Limit for that "project1e, but as That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations, and a® Any other Per Project General Aggregate b, In which you are a member or partner Limit for any other "project"; where each and every one of your co® b, The General aggregate Limit; or ventures in that joint venture is an archi- cw The Products -Completed Operations Ago tectural, engineering, or surveying firm. gregate Limit. 2, This Provision P. does not apply to any per® The limits shown in the Declarations for this son or organization for which coverage is ex® Coverage Part for Each Occurrence, Foam- cluded by another endorsement to this Cov age To Premises rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro® shall be excess over any valid and collectible ject General Aggregate Limit applies, other insurance, whether primary, excess, contingent or on any other basis, which is 3e As used in the Provision o. available covering your liability with respect "Project' means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership czrjoint venture that is not performing operations pursuant to a contract shown as a darned insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insur® such partnership or joint venture, ance, each "project" that includes premises Q. PER PROJECT E E L AGGREGATE LIMIT involving the same or connecting lots; or premises whose connection is interrupted 1® Paragraph 2. of LIMITS F INSURANCE only by a street, roadway, waterway or right - (Section ll!) is deleted and replaced by the of -way of a railroad shall be considered a sine following: gle "project. The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR - will pay for the sutra of: RENCE OR OFFENSE a. Damages under Coverage ; and The following is added to Paragraph 2. Duties in In. Damages from "occurrences" under Oov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Sant of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS(Section IV): which cannot be attributed only to opera® Notice of an "occurrence" or of an offense which tions at a single "project, may result in a claim must be given as soon as . The following is added to LIMITS F Its® practicable after knowledge of the "occurrence" U E (Section iiI): or offense has been reported to you, one of your A separate Per Project. general Aggregate "executive officers" (if you are a corporation), one Limit applies to each "project" for all sums our your of partners who is an Individual (if you are a which the insured becomes legally obligated shi partnership), one of your managers (if you are a to pay as damages caused by "occurrences" limited limited liability company), one of your trustees under Coverage and for all medical ex- is an individual {if you are a a,rst)b or an ""(such penses caused by accidents under Coverage employeeas an insurance, foss control or which can be attributed only to operations risk manager or administrator) designated by you at a single "project", and that limit is equal to to Iva such notice° the amount of the General Aggregate Limit Knowledge by any other "employeePe of an 'occur - shown in the Declarations for this Coverag® rence" or offense does not imply that you also Part, have such knowledge. Page 6 of 8 OC 2007 The Travelers Companies, Prior. CG D3 79 09 07 COMMERCIAL GENERAL LIA ILI Notice of an "occurrence" or of an offense which 4. "Your products". may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good faith as soon as practicable to your workers@ corn® agreed to do so as part of a contract or agree - pensation, accident, or health insurer. This ape ment entered into by you before, and In effect "bodily plies only if you subsequently give notice of the1. when, the injury" or "property damage" occurrence or offense to us as soon as practi- occurs, or the personal injury'" offense dr'"adver® after you, one of your "executive officers'® tieing injury" offense Is committed, (if you are a corporation), one of your partners U. AMENDED IL INJURY I f Tt who is an individual (if you are a partnership), The definition of 80bodily injury" in DEFINITIONS one of your managers (if you are a limited liability (ection ) is deleted and replaced by the follow® company), one of your trustees who is an individ- ing; ual (if you are a trust), or an "employee" (such as "Bodily injury" means: an insurance" loss control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; involve this policy, b. Mental anguish, injury or illness, or emotional o UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph 6. Rep physical harm, sickness or disease; or re ent tions of COMMERCIAL GENERAL ca Care, loss of services or death resulting at LIABILITY CONDITIONS (Section i any time from such physical harm, sickness The unintentional omission of, or unintenm or disease. tional error in, any information provided by Va AMENDED INSURED T A T DEFINITION you which we relied upon in issuing this peal® °- RAILROAD EASEMENT toy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insured insurance, contract" in DEFINITIONS (Section V) is de® Z This Provision S. does not affect our right to leted and replaced by the following, collect additional premium or to exercise our c. Any easement or license agreements right of cancellation or nonrenewal in accor® dance with applicable insurance laws or regu® z.. Subparagraph f,(1) of the definition of "Pin® lotions, sured contract" in DEFINITIONS (Section V) is deleted. T_ WAIVERF TRANSFER OF RIGHTS_ OF RECOVERYAGAINST `T T AMENDEDPROPERTY DAMAGE DEFINITION REQUIREDY CONTRACT OR AGREEMENT —TANGIBLE The following is added to Paragraph a Transfer the definition ®f "property damage" in I I® of Rights of Recovery Against Others to Us of Tt N (Section V) is deleted and replaced by COMMERCIAL GENERAL LIABILITY I- the following., T! (Section IV): "Property damage" means: We waive any rights of recovery we may have as Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All payments we make for "bodily injury" "property such loss of use shall be deemed to occur at damage", "personal injury" or "advertising injury" the time of the physical injury that caused It, - arising out of: or 1. Premises awned by you, temporarily dd ® b. Loss of use of tangible property that is not pied by you with pennission of the owner, or physically injured- All such loss of use shall leased or rented to you; be deemed to occur at the time of the "° ur- 2. Ongoing operations performed 9 9 P Y you, or on renee" that used it. your behalf" under a contract or agreement For the purposes of this insurance" tangible prop - with that person or organizations erty does net include data. 3. 'Your work"; or 07 0 2007 The travelers Companies, Inc, Pugs 7 of COMMERCIAL GENERAL LIABILITY THIS 1 ® PLEASE READ _ 1_ CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section li)o fart; Any person or organization that you agree in a B. The following is added to paragraph a. of 4. contract or agreement requiring insurance" to in® Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILFTY CONDITIONS (Section IV). Bart, but only with respect to liability for "bodily in- "property FI ""®waver, if you specifically agree in a contract or juryOB damage" or "personal injury" caused, in whole or in part, by your acts or omis- agreement requiring insurance" that the insurance sions or the acts or omissions of those acting on provided to an additional insured under this Cov- your behalf: erage part mast apply on a primary basis, or a primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tionsa such additional insured which covers such addi® b. In connection with premises owned by or tional insured as a named insured, and we will not recited to you; or share with the other insurance" provided that: c. In connection with "your work"® and included (1) The "bodily injury" or "property damage" for within the "products -completed operations which coverage is sought occurs; and hazard". O The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury" "property after you have entered into that `,contract or damage" or "personal injury" for which that per- agreement requiring insurance", But this insure son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under . This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery AgainstOthers To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY - age Fart. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights; of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury",r "property C The limits of insurance afforded to the addi- arrage", or ,"personal injury" arising out of "your tional insured shall be the limits which you work" perforated by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the iimits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS into by you before, and in effect when, the "bodily CG D3 81 09 07 @ 2007 The Travelers CoaipanIes, Inc: rage °i of 2 lr dudes the copyrighted materW of Msrirariee Services Office, Inc., with its permisstron COMMERCIAL GENERAL UABILITTY injury" or "property damage" occurs, or the "per- erage Fart, provided that the "bodily injury" and sonal injury" offense is oorrtm tied. property damage" occurs, and the "personal in The following definition is added to DEFINITIONS jury" is caused by an offense committed - (Section V)m & After you have entered into that contract or "Contract or agreement requiring insurance,: agreement; means that part of any contract or agreement un- b,- While that part of the contract or agreement is der which you are required to Include a person or in effect: and organization as an additional insured on this Cos oe Before the end of the policy period, L Page 2 of 2 Q 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted rnateriel of insurance Services Office, Inc., with its perMISSiOF1 5 This agreement shall not operate directly or indirectly to benefit any one not named In the Schedule, SCHEDULE DESIGNATED PERSON: ORGANIZATION:DESIGNATED Carla Triplett From: Pam Nieto Sent: Tuesday, June 07, 2016 12:04 PM To: cvogt@interwestgrp.com Cc: Carla Triplett; Monika Radeva Subject: Form 700 explanation Attachments: Form 700 consultant definition.docx Follow Up Flag: Follow up Flag Status: Flagged Per our phone conversation today, I have attached the Consultant explanation for the Form 700. Since you have not assigned an employee as of yet to do the work, not having a Form 700 w not hold up your contract. The minute you have a assigned an employee you must get a Form 70 to Carla same day. I F have also copied Monika on this email. She is the one who reviews the final contract and will now 'Know why there is not a Form 700 attached. If you have any further questions please do not hesitate to call. Pam Nieto I Deputy City Clerk City of La Quinta 78495 Cake Tampico � La Quinta, CA 92253 Ph. 760377.7103 pa:1ktQRLQ---q-WD-tQ—()r-9 website: WAW.LQ-Q 'a q ,, -w tg_r�g U Limited disclosure on Form 700, Statement of Economic Interest, shall be required from consultants who make or participate in making decisions which may foreseeably have a material financial effect on their 6conomic interest(s) [Government Code 8201 This determination shall be made using the FPPC definition contained in Regulation 18701(a)(2) which states: "Consultant" means an individual who, pursuant to a contract with a state or local government WNWIM I ,A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval; (v) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.02 or perform the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code section 87302." (C) The FPPC definition in Regulation 18702.1 (a) should be used to determine whether a consultant is akin a governmental decision. This applies where the consultant, acting within the authority of his or her position: "(1) Votes on a matter; (2) Appoints a person; (3) Obligates or commits his or her agency to any course of action; (4) Enters into any contractual agreement on behalf of his or her agency; (5) Determines not to act, within the meaning of subdivisions (a)(1), (a)(2), (a)(3), or (a)(4), above, unless such determination is made because of his or her financial interest. When the determination not to act occurs because of the official's financial interest, the official's determination may be accompanied by an oral or written disclosure of the financial interest." The FPPC definition in Regulation 18702.2 should be used to determine whether a consultar:1 authority of his or her position: . This applies where the consultant, acting within tMi, 11 (a) Negotiates, without significant substantive review, with a governmental entity or private person regarding a governmental decision referenced above in FPPC Regulation 18701 (a)(2)(A); or Advises or makes recommendations to the decision maker either directly or without significant intervening substantive review, by: (1) Conducting research or making any investigation which requires the exercise of judgment on the part of the [consultant] and the purpose of which is to influence a governmental decision referenced [above in FPPC Regulation] 18701 (a)(2)(A); or (2) Preparing or presenting any report, analysis, or opinion, orally, or in writing, which requires the exercise of judgment on the part of the official and the purpose of which is to influence S! governmental decision referenced [above in FPPC Regulation] 18701 (a)(2)(A) La Quinta City Clerk's Department 1 y� 4 f a 78-495 GaAs Tampico La Quinta, California 92253 >' (760) 777-700 CERTIFICATE NON -TRANSFERABLE BUSINESS LOCATION Dear Business Owner: OUTSIDE CITY LIMITS Please be aware that issuance of a business license by the City does not authorize you to conduct business in a building or tenant space that has not been approved for occupancy by the Design and Development Department. If you have any questions regarding this issue, or if you are not sure If a Certificate of Occupancy has been issued for your place of business, please contact Design and Development at (760)777-7000. BUSINESS A INTERWEST CONSULTING GROUP, IN The Licensee named herein having paid to the City of La Quince all fees required, license is hereby granted said licensee to transact the business herein set forth, for the BUSINESS ADDRESS. PO BOX 15330 period stated, in conformity with the Provisions of Ordinance No. 2 of this City. This Licensee is issued without verification that the licensee is subject to or exempt from BOULDER, CO80308 licensing by the state of California. BUSINESS LIB LIC- 102215 y CLASSIFICATION: ENGINEERING SERVICES DESIGN AND DEVELPMENT DIRECTOR EXPIRATION ATE® 6/3 /2 17 ta Q�Ar& (;I?,I nJ rbr DFSBRI' — October 24, 2017 Interwest Consulting Group Attn: Chris Vogt, P.E. 431 S. Palm Canyon Drive, Ste. 200 Palm Springs, CA 92262 RE: PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF LA QUINTA FOR ON -CALL BUILDING DIVISION PLAN REVIEW AND INSPECTION SERVICES Dear Mr. Vogt, The City of La Quinta gives notice that it wishes to exercise the option to extend the term of the Professional Services Agreement for Interwest Consulting Group, in accordance with the Professional Services Agreement (Agreement) dated June 13, 2016. The Agreement will be extended for one year, expiring on June 30, 2018. All other terms and conditions of the Agreement remain unchanged. If you need additional information or would like to discuss this matter further, please contact Burt Hanada at (760) 777-7023 or at bhanada@la-quinta.org. Si Frank J. S a&k City Maagerlpnd Interim Design and Development Director 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000