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2020/07/15 Kosmont and Associates, Inc. Amendment 1 - 11/18/19 AGREEMENT DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 //If MENIFEE CITY OF MENIFEE Agreement/contract coversheet DATE: June 19, 2020 DS ACV TO: Armando G.Villa,City Manager CC: Department Date I IWIs Gina Gonzalez, Economic Dev. Director /23/2020 G �� Wendy Preece, Deputy Finance Director /24/2020 Rochelle Clayton, Deputy City Manager /24/2020 s Jeffrey T. Melching, City Attorney /13/2020 Sarah A. Manwaring, City Clerk /15/2020 Agreement Routed to City Attorney:6/19/2020(Via email, attached) Insurance Requirements: ® General Liability (Expiration Date:06/27/2020) (Attached) ®Automobile Liability (Expiration Date:06/27/2020) ®Worker's Compensation (Expiration Date: 10/01/2020) ® Other-Errors&Omissions (Pending) Umbrella Liab d�xpiration Date:06/27/2020) DS / FROM: Margarita Cornejo, Financial Services Kayla Charters, Management Analyst (,��� SUBJECT: Amendment No. 1 to Professional Services Agreement between the City of Menifee and Kosmont&Associates,lnc.for initial Hotel Market and Site Analysis. IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER'S SIGNATURE AUTHORITY? ®Yes—❑ Purchase of Commodities under$50,000 ® Professional Services under$25,000 ❑ Change Order under$25,000 or less than 10%of original contract(supplies,equipment,services or construction contracts) ❑ Public Works Contract for$45,000 or less ❑ No—City Council authorized City Manager to sign (Council action attached) WHY IS THIS AGREEMENT/CONTRACT NEEDED? The agreement between the City of Menifee and Kosmont&Associates, Inc. will provide real estate advisory consulting services in connection with the preparation of an initial Hotel Market and Site Analysis for potential new hotel(s)within the City. Kosmont & Associates Inc. will provide assistance in evaluating the market and also conduct a preliminary rewiew of three potencial sites for suitability for hotel uses. The project is near finalization, however,a need some additional time to complete the final analysis/review process has been identified.This will allow for sufficient time to vet, review and finalize all components of the study. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement will cover the period of December 1, 2019 through August 30, 2020(extending the term by an additional 60 days) WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $18,200(the amount will remain the same) *Please attached a second page for additional information to support this agreement. DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? Kosmont &Associates,lnc. , an industry leader in providing such services, provided staff with a proposal including detailed scope of work and cost proposal which was reviewed for completeness and cost reasonability. Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City ❑ $5,000-$49,000—Three Written Quotes ❑ Yes ❑ Over$50,000—Competitive Bidding and Formal Proposals Public Works Proiects Professional Services ❑ Under$45,000—Purchase Order, Contract(Prudent Judgement) ® Under$25,000—City Manager ❑ $45,000-$174,999—Informal Bidding Process ❑ over$25,000—City Council Approval ❑ Over$175,000—Formal Bidding Required WHERE ARE THE FUNDS COMING FROM? N/A WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 100-4350-52800 (Professional Services) IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? N/A.Amendment No. 1 is an extension in term of services, but will not change the existing contract compensation amount.The existing contract has been issued a corresponding Purchase Order(PO)encumbering funds. ATTACHMENTS - CONTRACT/AMENDMENT - CERTIFICATES OF INSURANCE - EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL 2 DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 AMENDMENT NO. 1 TO AGREEMENT BETWEEN KOSMONT COMPANIES AND THE CITY OF MENIFEE FOR CITY OF MENIFEE INITIAL HOTEL MARKET AND SITE ANALYSIS This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement ("Agreement") made on November 18, 2019 by and between the City of Menifee ("City") and KOSMONT COMPANIES ("Consultant") for CITY OF MENIFEE INITIAL HOTEL MARKET AND SITE ANALYSIS which Amendment is made and entered into on July 15, , 2020 to extend the term of agreement as indicated below: 1. Section 1.1, "Term of Services" is amended to read as follows: 1.1 Term of Services. The term of this Agreement shall begin on the November 18, 2019 and shall end on August 30, 2020 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 2. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 CITY OF MENIFEE KOSMONT COMPANIES DocuSigned by: DocuSigned by: Armando G. Villa, City Manager Larry J. Kosmont, Chairman and CEO DocuSigned by: Attest: DocuSigned by: Ken K . Hira, President s a ra' Q. 9�t.aun,�n M-" Sara anwaring, City Clerk Approved as to Form: DocuSigned by: [ ��" t k"V'1' bf� gffbmk� Jeffrey T. Melching, City Attorney Professional Services Amendment No.1 with KOSMONT COMPANIES DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 `4C CPRV� CERTIFICATE OF LIABILITY INSURANCE DATE 12/5/2D/YYYY) Acct#: 1171322 12/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 888-82B-8365 Lockton Companies,LLC PHONE — FAX 5847 San Felipe,Suite 320 fALc.JYs-Ext)- _ AIC,.No); Houston,TX 77057 E-MAIL P.89 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Ace American Insurance Co. 22667 INSURED INSURER B Insperity,Inc.L/CIF KOSMONT&ASSOCIATES,INC. INSURER C 19001 Crescent Springs Drive INSURER D Kingwood,TX 77339 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE AUDL SUBR POLICY EFF POLICY EXP LTRPOLICYN MBER IMMIDDIYYYY3 WMIMD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 0 OCCUR DAMAGE TO PREMI $ MED EXP(Any one-person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMB NED$I G E LIM $ _tEa8opldo ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED gPERTYDAMAGE $ AUTOS p 'a UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIMB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION X PER TN- AND EMPLOYERS'LIABILITY Y/N A7 T ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A X C66712679 1011/2019 10/1/2020 E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Notice to Others Endorsement Included 29844 Haun Road,Menifee CA 92586 WAIVER OF SUBROGATION IN FAVOR OF City of Menifree and its officers,employees,agents,and authorized volunteers WHEN REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CITY OF MENIFEE INITIAL HOTEL MARKET AND SITE ANALYSIS ,C ROAD MENI MENIFEEEE CA 92586 �>'�'rL.G•(�C—.r_ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 Workers'Compensation and Employers' Liability Policy Named Insured T Endorsement Number Insperity,INC.UC/F KOSMONT&ASSOCIATES,INC. Policy Number 19001 Crescent Springs Drive Symbol: RWC Number:C66712679 Kingwood,TX 77339 Policy Period Effective Date of Endorsement 10/1/2019 T010/1/2020 12/5/2019 Issued By(Name of Insurance Company) Ace American Insurance Co. Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued Subsequent to the preparation of the policy- CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (X) Specific Waiver Name of person or organization: CITY OF MENIFEE INITIAL HOTEL MARKET AND SITE ANALYSIS 29844 Haun Road Menifee, CA 92586 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 29844 Haun Road, Menifee CA 92586 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Minimum Premium : INCLUDED Authorized Repres rTative WC 99 03 22 DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-55OC888FA540 KOSM&AS-01 �TERNBERG ,4�aRa CERTIFICATE OF LIABILITY INSURANCE D /1812019 8120Y 19 21 8/201 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilou of such endorsements. PRODUCER License#OC36891 C TACT Brett R Sternberg Lyddy Martin Company PHONE FAX 20300 Ventura Blvd,Suite 340 A/C,No,Ext):010)478-2625 317 JAIC,Nc: Woodland Hills,CA 91364 M ' breMiyddy martin.com INSURERS AFFORDING COVERAGE NAIC p INSURER A:Sentinel Insurance Company,Ltd 11000 INSURED INSURER B: Kosmont&Associates,Inc. INSURER C: Dba: Kosmont Companies 1601 N.Sepulveda Blvd.#382 INSURER D: Manhattan Beach,CA 90266 INSURER E: INSURER F: COVERAGES _ CERTIFICATE NUMBER: REVISION NUMBER- 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE +gDDL'SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENC.E $ 1,000,000 CLAIMS-MADE FI]OCCUR X X '72SBABC3942 6127/2019 6/27/2020 DAMAGET ORENT ED 7,000,000 larss Person) 10,000 PE NALA I Y S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: E A GRE 7 $ 2,000,000 X � L PRODUCTS OMP/ P AGPOLICY�PPET 2,000,000 OTHER, A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ANY AUTO X X '728BABC3942 6/27/2019 6/27/2020 BODILY INJURY Par ers0 $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILYIT7yyURY Peraccidenl $ X AUTOD5 ONLY Ix AUTOS fe�acddell AAIAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3,000,000 EXCESS LIAB CLAIMS-MADE X X 72SBABC3942 6/2712019 6/27/2020 AQQBEGATE 3,000,000 DED I X RETENTION$ 10,000 WORKERS COMPENSATION STERTUTE OTH- AND EMPLOYERS'LIABILITY Y I N A ES ANY PROPRIETOR/PARTNER/EXECUTIVEW1D NT $ FICEq EMBER EXCLUDED? N/A ;Mandatory In NH) E.L DISE6SL-__EAEMPLQYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remafka Schedule,may be attached If more spa Co is required) City of Menifee and its officers,employees,agents,and authorized volunteers are named additional insured per written contract. The insurance is primary ,and non-contributory and waiver of subrogation applies-See Business Liability Form#SS 00 08 04 05 attached. (Reference: City of Menifee Initial Hotel Market and Site Analysis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Menifee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 29844 Haun Road Menifee,CA 92586 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", any partner or member (if you are 2 "Personal and advertising injury' a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liabllity company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision, the voting stock, will qualify as a Named S. Add(tI hal Insd'reds Whav,Reoiilced;:By Insured if there is no other similar insurance �:Wfltten Contract, Written AgF6ment Or available to that organization. However: perm;. a. Coverage under this provision is afforded Jhd'person(s)�' or organization( ]dentlf odu�tp only until the 180th day after you acquire Maragr olli3 a. through f, below,..ark;bddltIon.al or form the organization or the end of the insureds whew you:have agreed In 6.Wiritte6 policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 onouSign Envelope ID: FoA-55OC888FA540 ' BUSINESS LIABILITY COVERAGE FORM 'Contract. because of.� (e) Any failure to make such "Issued', b� �w� s��' �bc ��dWomk inopentiuno, acUusUnentu, tests o, amwbdN1m0onG�h��j&unh�pmi o mpn'o� tgoh�mtion' servicing as the vendor has 'be;'mWdWr.md' 0inwnmd�bn�your, agreed to make or nnnnoUy pm1ny-,,,-,,.prm"d9d thm!|hJu ! ordamogmoonb,s' undertakes to make in the usual 'mubamqbmnthz'�`m''mX'SOudunYoYthe'6wmtract�oe� course of business, in connection �aummmmmnt'f'Qtfhw|wuumnceof thmpocmiL` with the distribution or sale ofthe �J��p���8n�dr prgonb�don����n:md6|8onnM products; |n��nod und�����.3pnov{�on��on|y�f�rAh6V �� Demonstration, Installation, ipmdbd of tkno��w*quhed''�byffhe�' «xjhtraet;�, servicing or repair operations, ��noanomnt��.p�rnib� except such operations performed Howover, no such person or organization is an at the vendor's pnomioao in additional insured under this provision if such connection with the oo|e of the Pomnn or organization is included as an product; additional insured by an endorsement issued (Q) pmdudo whiuh, after distribution by us and madon port of this Coverage pe¢ or sale by you, have been labeled including all persons or organizations added or relabeled or used as a on oddiUonul insureds under the specific container, part or ingredient ofany additional insured onvomgo grants in Section other thing or substance byorfor F.—Op8iono| Additional Insured Coverages. the vendor;or a. Vendors (h) ^8udUy injury" or "property Uomogmr arising out of the sole paneon(a)or�gun�o�n(o) (referred to ` negligence of the vendor for its below as vondod, but only with respect to "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone a|ue or sold in the regular course ofthe vendors acting on its behalf. However,this business and only if this Coverage part exclusion does not apply to: provides coverage for "bodily injury" or (|) The exceptions contained in ^property damage" included within the Subparagraphs(d)or(f);ur ^products-completed operations hazand^ (U) Such Inspections, adjustments, (1) The insurance afforded ho the vendor tests or servicing oo the vendor is subject to the ha||ovving additional has agreed Vn make nrnormally exclusions: undertakes to make in the usual This insurance does not apply to: oounoa of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is obligated �o pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract oragreement. whom you hoveooquimduuoh products,. or any Ingredient, part or uontoiner, This exclusion does not apply to ' ' entering into, accompanying o, liability for damages that the oontainingsuch pmdu�s vendorwnu|dhovointhoobnenon � of the contract oragreement; h. Lessors OfEquipment (b) Any express warranty (1) Any person or organization from unauthorized byyou; whom you |none equipment but only with naopo/� totheir |iobUityfor ''bodi/y (o) Any physical or chemical change injury", "property damage" or in the product made intentionally 1. personalby1hov�ndoc Penna| and advertising injury"� oouoed, in whole or in part, by your (d) Rwpookaging, except when moinhenonoe, operation or use of unpacked solely for the purpose of equipment leased to you by such inupnm(ion, demunotraUon, teoUnQ, person ororganization. or the substitution of parts under instructions from the manufoctuer, and than repackaged in the original container; Page 12of24 Form 88U0U884O5 DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this Insurance Is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss,if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This- insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of Insurance to the total below. applicable limits of insurance of all insurers. (b) Primary. "And' Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you 1have agreed' In .a written`_ If the insured has rights to recover all or contract; written agreement or part of any payment, including permit that this Insurance is Supplementary Payments, we have made primary and non-contributory with. under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do Insurance, this insurance is nothing after loss to impair them. At our :primary ' and we will not seek request, the insured will bring "suit" or contribution from that ;'other transfer those rights to us and help us insurance, enforce them. This condition does not Paragraphs (a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional Waive r"Of: Rlghts'Of;ReCpvery''(W71Ver insured has been added as an `..Of Subrogiatlon), additional insured. If the insured has;:wdlved`;any rights of When this insurance is excess, we will recovery against' any:. speisoh or have no duty under this Coverage Part to orbam+zatson for all or'part of any payment; defend the insured against any"suit" if any Iricluding 'Supplementary Payments,Awe,. other insurer has a duty to defend the have.-mede,;un' er.this-':Coverage Part;.we,,,- insured against that "suit". If no other also viratvetliat.right;.�,pravidet�:ttieiristar'ed°� insurer defends, we will undertake to do walveda�their:;k9ghtS:;�Af recovery' .against so, but we will be entitled to the insured's such,pe'rsoln of-Otgi hlxatidh]ma�e'ontract, rights against all those other insurers. agreelr�ent'Or:::perrTiltI`thatmas :executed, prior to the"in)ury oKdamage: Form SS 00 08 04 05 Page 17 of 24 DocuSign Envelope ID:28C58259-0507-4AA9-BFDA-550C888FA540 From: Margarita Cornejo To: Jeffery T. Melchina Subject: Amendment Review Request:Amendment No. 1 to Professional Services Agreement with Kosmont Associates Inc (Initial Hotel Market&Site Analysis) Date: Friday,June 19,2020 3:31:18 PM Attachments: ED-KOSMONT(PROPOSAL FOR SERVICES FOR INITIAL HOTEL MARKET AND SITE ANALYSIS)AMENDMENT NO 1--d= imaae007.ona Good Afternoon Jeff, Attached for your review is the proposed Amendment No. 1 to Professional Services Agreement with Kosmont Associates, Inc.for the City of Menifee Initial Hotel Market and Site Analysis. This agreement request is from the City's Economic Development Department. Can you please review and advise if this is ok to start routing for signatures or will require any changes? Thankyou! Margarita Cornejo _ Financial Services Manager Finance Department City of Menifee 1 29844 Haun Road Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 City Hall: (951) 672-6777 1 Fax: (951) 679-2568 mcornejo(cDcityofinenifee.us Connect with us on social media: f I in TOP WORK PLACES ■ Ar mom k WNW 5."e� *Please note that email correspondence with the City of Menifee,along with attachments,may be subject to the California Public Records Act and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims,losses or damages resulting from the use of digital data that may be contained in this email.