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HomeMy WebLinkAboutA9056 - THE PALM SPRINGS PLAZA THEATRE FOUNDATIONDocuSign Envelope ID: 086A93AD-B519-40E6-9CC4-76319D58ABB3 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE PALM SPRINGS PLAZA THEATRE FOUNDATION AND THE CITY OF PALM SPRINGS This First Amendment to Memorandum of Understanding ("First Amendment"), by and between the City of Palm Springs ("City"), and The Palm Springs Plaza Theatre Foundation ("Foundation"), and together known as the "Parties," establishes a framework for the procurement of design professional and construction contractor services for the historic Plaza Theatre. This First Amendment shall be effective on the date ("Effective Date") that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties. RECITALS WHEREAS, the City and Foundation have previously entered in to a Memorandum of Understanding ("MOU"), in order to provide for the co-operation of the Parties in fundraising for the restoration of the historic Plaza Theatre (the "Project"); WHEREAS, the Parties desire to enter this First Amendment in order to specify the relationship between the Parties and their respective roles with respect to the procurement of design professional and construction contracting services for the Project. AGREEMENT Now, therefore, in consideration of the above, the City and Foundation agree to partner on the Project, as more specifically set forth below. I. OBLIGATIONS OF THE CITY a. Procurement Generally. The City will act as the technical partner in this collaboration. The City will carry -out the procurement processes for the design professional and construction contractor and enter into contracts with selected firms. City shall follow the City's procurement methods, as outlined in the Palm Springs Municipal Code and applicable law. City will exercise its best efforts to meet the agreed -upon timeframes set forth in Exhibit "A", attached hereto and incorporated by reference herein. In order to help ensure the Parties' intent to meet such timelines, the Parties (through their representatives) will meet on a regular basis (but no less than once per month) regarding the status of the Project. In addition, the City staff will provide monthly written updates to the City Council regarding the status of the Project. b. Desipn professional. The City will select one or more design professionals for the design of the Project, with input and participation by the Foundation as set forth below. 55575 18 100140151602.1 DocuSign Envelope ID: 086A93AD-B519-4OE6-9CC4-7B319D58ABB3 C. Construction contractor. The City will select one or more construction contractors for the construction of the Project, with input and participation by the Foundation as set forth below. It is anticipated that the City's Community Workforce Agreement (CWA) will apply to the Project, and that the selected contractor will abide by the terms of the CWA. d. Owner's Representative. City may also procure the services of one or more owner's representatives, to assist with technical aspects of the Project management. City and its Owners Representative will handle technical details of Project management, including, but not limited to: procurement; contract review, negotiations, and management; responding to requests for information; support budget development and management; change order prevention, management and analysis; claims analysis and management; constructability review; permitting; schedule development and management; construction management; Project completion and closeout. e. Consideration of Foundation's expertise. All of the foregoing shall be performed by the City with frequent collaboration with the Foundation and with significant consideration to the Foundation's background, knowledge and expertise in the area of historic theatre restoration projects. II. OBLIGATIONS OF THE FOUNDATION a. Procurement Generally. The Foundation will act as the fundraiser and design partner in this collaboration. The Foundation will provide information on the Project budget, scope of work and minimum vendor requirements for the selection of the design professional, the construction contractor, and as applicable, the owner's representative. b. Design professional. Foundation will recommend entities that should be included in the design professional procurement process. Members of the Foundation Board, along with City staff, will be on the selection/rating committee that selects the design professional, with the Foundation Board forming at least a majority of that committee. Foundation and City will work together through the architecture, design and planning processes with Foundation providing: design direction; input on materials, furniture, fixtures and equipment procurement; and, direction on additional consultants needed with expertise in theatre design and construction. Both parties will be expected to work within the Project budget; provided, however, the Foundation may chose materials, furniture, fixtures and equipment that is not the lowest in cost with the understanding the Foundation will fundraise to cover any cost overages as a result of choosing higher -end materials, furniture, fixtures and equipment. C. Construction contractor. Foundation will recommend one or more contractors that should be included in the construction contract procurement process. If a selection committee is used for the selection of a construction contractor, members of the Foundation Board, along with City staff, will be on the selection/rating committee that selects the design professional, with the Foundation Board forming at least a majority of that committee. d. Project funding. The Parties recognize that the Foundation is intended to serve as the primary fundraising entity for the Project. The City may, in the exercise of the City 2 555 75 18 1 W140151602 1 DocuSign Envelope ID: 086A93AD-B519-4OE6-9CC4-7B319D58ABB3 Council's discretion, provide supplemental funding to the Foundation. Given this relationship between the Parties and with regard to the Project, the Parties recognize that adequate funding must exist in order for the Parties to proceed to each phase of the Project, it being the intent of the Parties that the Foundation's fundraising efforts shall be the primary source of funding for the Project, including any potential cost over -runs. III. MISCELLANEOUS a. Defined Terms. Except as specifically defined in this First Amendment, all defined terms used in the MOU shall have the same meaning when used in this First Amendment. b. All other provisions of MOU remain. Except as specifically amended by this First Amendment, all other provisions of the MOU remain in effect. IN WITNESS, WHEREOF, the Parties enter into this First Amendment as of the Effective Date. THE PALM SPRINGS PLAZA THEATRE -FOUNDATION By J.R. Roberts, Pr si ent Date: S —� -�\ - ?00 By: Name: Secretary Date: CITY OF PALM SPRINGS Doc Signed by! By: Fcoff Sfib------ -,s -- Scott Stiles, ity anager Date: 5/12/202 3 ATTEST: F VyDocuSigned by* By:� r P � . Brenda ree, ity Clerk APPROVED AS TO FORM: DocuSigned by: By: ri S. 15AWW Jeffrey al I City Attorney 3 55575,18100\40151602. i DocuSign Envelope ID: 086A93AD-B519-40E6-9CC47B319D58ABB3 1W:4011:3aIWFFIV PROCUREMENT TIMELINE Activity Due/Time Request for Proposals Issued June 15, 2022 Pre -Proposal Conference June 21, 2022 @ 10:00 am PST Requests for Clarifications from Proposers are due June 23 @ TIME 5:00 pm PST Responses to Requests for Clarification will be posted via Addendum June 28, 2022 Proposals are Due July 6, 2022 @ 2:00 pm PST Interviews if required) July 13, 2022 Recommendation / Selection (tentative) July 14, 2022 Projected Date for Award of Contract/ PO July 28, 2022 55575 18100 \4 0151602 1 I qR DATE IMMIDONYYY) ,4CORO® CERTIFICATE OF LIABILITY INSURANCE 11re„n," 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 policyiies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cortain 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 Keenan & Associates IPHONE FAX 2355 Crenshaw Blvd . Suite 200 310-212-0363 Xrc Na: 310-212-0363 Torrance, CA 90501 AMDo IL www.keenan.com 0451271 INSURED Palm Springs Plaza Theatre Foundation 1775 E Plam Canyon Dr. Suite 110-1028 Palm Springs CA 92264 _ INSURERIS) AFFORDING COVERAGE INSURER A: United States Liability Insurance Co CC}VFRA(;FS rFRTIFIr'ATF MIIMRFR• 77AAw)or RFVISIf1M MIIIIIIRPR• 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. INSft LTRDURn TYPE OF INSURANCE ADDL B POLICY NUMBER POLICY EFF IYYYY POLICY EXP M D LIMITS A COMMERCIAL GENERALL.IA&LITY NBP1563433A 3/19/2023 3/19/2024 EACH OCCURRENCE s1000000 CLAIM$ -MADE ✓ OCCUR DAMAGE ED PREMISES Faaccunence s100000 MED EXP (Any one person) $ 000 PERSONAL & ADV INJURY $ 2 000 000 GEN'LAGGREGATE LIMIT APPUE$PER . GENERALAGGREGATE s2,000,000 POLICY ❑ JPECT IF1 LOC PRODUCTS - COMPIOP AGG S 2 000 000 $ OTHER AUTOMOBILE LIAUILI TY COMBINEDSINGLE OMIT Ea ecGiden[ $ BODILY INJURY {Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per wadenQ S PROPERTY DAMAGE Per a=den! $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB HGLAIMSUADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESSLULB DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y 1 N STATUTE ER E L EACH ACCIDENT $ ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/M£MBEREXCLUDED9 ❑ NIA EL DISEASE - EA EMPLOYEE $ {Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS oelow E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required( City of Palm Springs is listed as an Additional Insured with respect to the General Liability per the attached endorsement as required by written contract lr 1.Ir"IIiM 1G RUr.VGr% Palm Springs Village Fest Cltty� of Palm Springs 32170 E. Tahqultz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DEC 1 1 2023 ACCORDANCEION WITHDATE THE POLHC YPROVISIONS.E WILL BE DELIVERED IN City Hall AUTHORIZED REPRESENTATIVE Reception Desk ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 77445386 1 PALNSPRI I Master Certificate I Lisa Valdez 1 12/4/2023 10;18;21 AM {PST} J Page 1 of 3 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E211/8/202211/8/2022 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 DocuSign Envelope ID: 6ADDF555-A721-41A6-9359-A1D6883132E2 &g0y4 A�,� DATE (MMIDDIVYYY) Ci CERTIFICATE OF LIABILITY INSURANCE 1/22/2024 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 NAME: Keenan & Associates PHONE AX 2355 Crenshaw Blvd., Suite 200 A/c No 310 212 0363 A/c No 31212-03 : 0-63 E-MAIL Torrance, CA 90501 ADDRESS: INSURERS AFFORDING COVERAGE NAIC 8 www.keenan.com 0451271 INSURER A: United States Liability Insurance Co 25895 INSURED INSURER B : Palm Springs Plaza Theatre Foundation 1775 E. Plam Canyon Dr. INsuRERc: Suite 110-1028 INSURERD: Palm Springs CA 92264 INSURER E: INSURER F : l`/1vCO AnCc f`COTICIf`ATC RFVIRION NIIMRFR' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISIED 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. POLIC IFF POLICY EX INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDIY LTR YYY) [MM/DD1YYYY1 LIMITS A �/ COMMERCIAL GENERAL LIABILITY VNBP1563433A 3/19/2023 3/19/2024 EACH OCCURRENCE $1,000,000 DAMA E TO RENTED PREMISES Ea occurrence $ 100,000 I� CLAIMS -MADE I - I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY s2,000,000 AGGREGATE LIMIT APPLIES PER. GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS - COMP/OPAGG S2,000,000 .� POLICY ❑ JECTPRO- LOC $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFF ICER/M EMBER EXCLUDED? ❑ N/A _ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Palm Springs is listed as an Additional Insured with respect to the General Liability per the attached endorsement as required by written contract. Primary & Non-contributory wording also applies to the General Liability and Auto Liability policies. rFRTIFIrATF urll r1FR ;71--n�TT r_r rANrFI I ATIr1N City of Palm S rin S p )AN 2 9 2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahqultz an on Way Palm Springs CA 92 y62 ACCORDANCE WITH THE POLICY PROVISIONS. City Hall AUTHORIZED REPRESENTATIVE Reception Desk ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 78310316 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/22/2024 4:58:32 PH (PST) I Page 1 of 3 ti r UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA BLANKET ADDITIONAL INSURED ENDORSEMENT Section II — LIABILITY, C., Who Is An Insured is amended to include as an insured any person, entity or organization that is: 1. A franchisor under a franchise agreement with the Named Insured as franchisee relating to "your work"; or 2. A licensor under a license agreement with the Named Insured as licensee relating to "your work"; or 3. A co-owner with the Named Insured in premises used for "your work"; or 4. A majority owner with a controlling interest in the Named Insured but only with respect to liability arising out of such owner's (i) financial or operational control of the Named Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the Named Insured for purposes of "your work"; or 5. A mortgagee, assignee or receiver of the Named Insured relating to "your work"; or 6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as lessee relating to "your work"; or 7. A grantor of a permit to the Named Insured as permitee relating to "your work". However, if the grantor of a permit is a federal, state or local government or political subdivision, there is coverage under this endorsement only for liability arising from: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance; or 8. A lessor of equipment leased to the Named Insured relating to "your work"; or 9. A contributor, benefactor, or supporter who provides financial assistance to the Named Insured in connection with "your work". but only to the extent the Named Insured is required to add such person, entity or organization as an additional insured to this policy under a written contract, written permit or written agreement relating to "your work". Such person, entity or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that is caused, in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in connection with "your work" while such written contract, written permit or written BP 145 NPP (06-10) 78310316 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/22/2024 4:58:32 PM (PST) I Page 2 of 3 Pagel of 2 agreement is in effect. EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or "personal and advertising injury": 1. That occurs after all of "your work", including materials, parts or equipment furnished in connection with "your work" and performed under a written contract, written permit or written agreement has ended; or When that portion of "your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under a written contract, written permit or written agreement has been put to its intended use by any person(s) or organization(s); whichever occurs first. 2. Arising directly or indirectly from construction or demolition operations of any kind performed by you. 3. Caused or alleged to be caused by the sole negligence of an additional insured under this endorsement. 4. Arising out of "your work" performed for a federal, state or local government or political subdivision under a written permit; or 5. Included within the "products -completed operations hazard". CONDITIONS Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract, written permit or written agreement specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 145 NPP (06-10) '8310316 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/22/2024 4:58:32 PM (PST) I Page 3 of 3 Page 2 of 2 Keenan & Associates 2355 Crenshaw Blvd., Suite 200 Torrance, CA 90501 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 This document was created by eCertsONLINE MAIL DOCUMENT fsureh sli" `Sender: Lisa Valdez Phone: 310-212-0363 Subject: Cert No. 78310316 - Certificate of Liability: Palm Springs Plaza Theatre Foundation - City of Palm Springgs Date: 1 /2272024 No. of Pages: 4 URL: www.keenan.com The attached document(s) contain certification of insurance coverage for the insured named in the subject above. Your company is listed as the organization requesting receipt of these documents. If this document is sent via e-mail, you must click on the attached PDF document. The document is in a pdf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/ Agency listed on the attached/linked documents. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecertsonlineTM Insurance Visions, Inc. All rights reserved. I Y �►c_oizo� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) TH` 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 endorsements). CONTACT PRODUCER NAME: _ Keenan & Associates PHAX ONE EmIL 310 212 0363 FA C No : 310 212 0362 2355 Crenshaw Blvd., Suite 200 MAIL Torrance, CA 90501 ADDRESS: _^y www.keenan.com 0451271 INSURED Palm Springs Plaza Theatre Foundation 1775 E. Plam Canyon Dr. Suite 110-1028 Palm Springs CA 92264 F: States Liabilitv Insurance Co 0G\/ICIr1B1 KIIIMRFR• 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 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYVYY LIMITS A VCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR NBP1563433A 3/19/2023 3/19/2024 EACH OCCURRENCE $1,000,000 DAMA E TO RENTED PREMISES Ea occurrence S100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG s2,000,000 PRO- .� POLICY ❑ JECT LOC OTHER AUTOMOBILE LIABILITY Eaa INED acccdentSINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB HCLAIMS-MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY YIN ANVPROPRIETORfPARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFF ICERlM EMBER EXCLUDED? ❑ (Mandatory in NH) N /A E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Palm Springs is listed as an Additional Insured with respect to the General Liability per the attached endorsement as required by written contract. Primary & Non-contributory wording also applies to the General Liability and Auto Liability policies. GtK 1 IFIGA I t NULUtK l Nnll CLLM I IVI� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way JAN 2 9 2024 ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs CA 92262 City Hall AUTHORIZED REPRESENTATIVE Reception Desk John Stephens U 1938-205 AGUKU I:UKYUKA I IUN. Au rignis reserveu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 78310323 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/22/2024 5:01:00 PM (PST) I Page I of 3 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM BLANKET ADDITIONAL INSURED ENDORSEMENT Section II — LIABILITY, C., Who Is An Insured is amended to include as an insured any person, entity or organization that is: I. A franchisor under a franchise agreement with the Named Insured as franchisee relating to "your work"; or 2. A licensor under a license agreement with the Named Insured as licensee relating to "your work"; or 3. A co-owner with the Named Insured in premises used for "your work"; or 4. A majority owner with a controlling interest in the Named Insured but only with respect to liability arising out of such owner's (i) financial or operational control of the Named Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the Named Insured for purposes of "your work"; or 5. A mortgagee, assignee or receiver of the Named Insured relating to "your work"; or 6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as lessee relating to "your work"; or 7. A grantor of a permit to the Named Insured as permitee relating to "your work". However, if the grantor of a permit is a federal, state or local government or political subdivision, there is coverage under this endorsement only for liability arising from: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance; or 8. A lessor of equipment leased to the Named Insured relating to "your work"; or 9. A contributor, benefactor, or supporter who provides financial assistance to the Named Insured in connection with "your work". but only to the extent the Named Insured is required to add such person, entity or organization as an additional insured to this policy under a written contract, written permit or written agreement relating to "your work". Such person, entity or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that is caused, in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in connection with "your work" while such written contract, written permit or written BP 145 NPP (06-10) 78310323 1 PALMSPRS I Master Certificate I Lisa Valdez 1 1/22/2024 5:01:00 PM (PST) I Page 2 of 3 Page l of 2 agreement is in effect. EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or "personal and advertising injury": 1. That occurs after all of "your work", including materials, parts or equipment furnished in connection with "your work" and performed under a written contract, written permit or written agreement has ended; or When that portion of "your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under a written contract, written permit or written agreement has been put to its intended use by any person(s) or organization(s); whichever occurs first. 2. Arising directly or indirectly from construction or demolition operations of any kind performed by you. 3. Caused or alleged to be caused by the sole negligence of an additional insured under this endorsement. 4. Arising out of "your work" performed for a federal, state or local government or political subdivision under a written permit; or 5. Included within the "products -completed operations hazard". CONDITIONS Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract, written permit or written agreement specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 145 NPP (06-10) 78310323 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/22/2024 5:01:00 PM (PST) I Page 3 of 3 Page 2 of 2 Keenan & Associates 2355 Crenshaw Blvd., Suite 200 Torrance, CA 90501 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 This document was created by eCertsONLINE MAIL DOCUMENT Certificate oFlnsurance Delivery by ecertsonline"' Sender: Lisa Valdez Phone: 310-212-0363 Subject: Cert No. 78310323 - Certificate of Liability: Palm Springs Plaza Theatre Foundation - City of Palm Springgs 1 /2272024 Date: No. of Pages: 4 URt,: www.keenan.com The attached document(s) contain certification of insurance coverage for the insured named in the subject above. Your company is listed as the organization requesting receipt of these documents. If this document is sent via e-mail, you must click on the attached PDF document. The document is in a pdf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/ Agency listed on the attached/linked documents. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICAT ION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. _. Certificate of Insurance Delivered by ecertsonline'" Insurance Visions, Inc All rights reserved. A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 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 Keenan & Associates NAME: PHONE 2355 Crenshaw Blvd., Suite 200 c No xt: 310-212-0363 A/c No: 310-212-0363 Torrance, CA 90501 E-MAIL Annaccc. www.keenan.com 0451271 INSURED Palm Springs Plaza Theatre Foundation 1775 E. Plam Canyon Dr. Suite 110-1028 Palm Springs CA 92264 CnVFRAnFC f'0M r­Ar A: United States Liability I B : Travelers Casualtv and M THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ts TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICYNUMBER MMIDDIYEYYY) tMM/DDIYYYYI A ✓ COMMERCIAL GENERAL LIABILITY ✓ NBP1563433A 3/19/2023 3/19/2024 LIMITS CLAIMS -MADE LVI OCCUR EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER. ✓ ❑ PRO- GENERALAGGREGATE $2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER- $ A AUTOMOBILE LIABILITY NBP1563433A 3/19/2023 3/19/2024 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED ✓ NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPER TY DAMAGEPer accident)$ A �/ �/ OCCUR CUP1571907 3/19/2023 3/19/2024 EXCESSUMBRELLAB EXCESS LIAR EACH OCCURRENCE $5 000 000 AGGREGATE $5,000,000 CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION ER PER OTH- EMPLOYERS' LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED'? ❑ N/A E.L. EACH ACCIDENT $ Mandatory in NH) I(f yes. describe under E.L. DISEASE- EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below B Crime 107977068 1/15/2024 1/15/2025 E.L. DISEASE -POLICY LIMIT 1 $ Limit:5,000,000 Deductible:25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Palm Springs is listed as an Additional Insured with respect to the General Liability per the attached endorsement as required by written contract. Primary & Non-contributory wording also applies to the General Liability and Auto Liability policies. r F=PTIFIrATC unl nco I.ANI.tLLA I IUN Cltyy0 E. Tahqultz Canyon Way �aN 2 9 Zo24 of Palm Springs I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 320THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Palm Springs CA 92262 ACCORDANCE WITH THE POLICY PROVISIONS. City Hall AUTHORIZED REPRESENTATIVE ^B Reception Desk John Ste hens ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 78319110 1 PALMSPRI I MaateI Certificate I Lisa Valdez 1 1/23/2024 8:55:38 AM (PST) I Page 1 of 3 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM BLANKET ADDITIONAL INSURED ENDORSEMENT Section II — LIABILITY, C., Who Is An Insured is amended to include as an insured any person, entity or organization that is: 1. A franchisor under a franchise agreement with the Named Insured as franchisee relating to "your work"; or 2. A licensor under a license agreement with the Named Insured as licensee relating to "your work"; or 3. A co-owner with the Named Insured in premises used for "your work"; or 4. A majority owner with a controlling interest in the Named Insured but only with respect to liability arising out of such owner's (i) financial or operational control of the Named Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the Named Insured for purposes of "your work"; or 5. A mortgagee, assignee or receiver of the Named Insured relating to "your work"; or 6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as lessee relating to "your work"; or 7. A grantor of a permit to the Named Insured as permitee relating to "your work". However, if the grantor of a permit is a federal, state or local government or political subdivision, there is coverage under this endorsement only for liability arising from: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance; or S. A lessor of equipment leased to the Named Insured relating to "your work'; or 9. A contributor, benefactor, or supporter who provides financial assistance to the Named Insured in connection with "your work". but only to the extent the Named Insured is required to add such person, entity or organization as an additional insured to this policy under a written contract, written permit or written agreement relating to "your work". Such person, entity or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that is caused, in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in connection with "your work" while such written contract, written permit or written BP 145 NPP (06-10) 78319110 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/23/2024 8:55:38 AM (PST) I Page 2 of 3 Pagel of 2 i agreement is in effect. EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or "personal and advertising injury": 1. That occurs after all of "your work", including materials, parts or equipment furnished in connection with "your work" and performed under a written contract, written permit or written agreement has ended; or When that portion of "your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under a written contract, written permit or written agreement has been put to its intended use by any person(s) or organization(s); whichever occurs first. 2. Arising directly or indirectly from construction or demolition operations of any kind performed by you. 3. Caused or alleged to be caused by the sole negligence of an additional insured under this endorsement. 4. Arising out of "your work" performed for a federal, state or local government or political subdivision under a written permit; or 5. Included within the "products -completed operations hazard". CONDITIONS Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract, written permit or written agreement specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 145 NPP (06-10) 78319110 1 PALMSPRI I Master Certificate I Lisa Valdez 1 1/23/2024 8:55:38 AM (PST) I Page 3 of 3 Page 2 of 2 I Keenan & Associates 2355 Crenshaw Blvd , Suite 200 Torrance, CA 90501 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 This document was created by eCertsONLINE MAIL DOCUMENT Certificate of Insurance Delivery by ecertsonlinel" Sender: Lisa Valdez Phone: 310-212-0363 Subject: Cert No. 78319110 - Certificate of Liability: Palm Springs Plaza Theatre Foundation - City of Palm Springgs 1 /23/2024 Date: No. of Pages: 4 URL: www.keenan.com The attached document(s) contain certification of insurance coverage for the insured named in the subject above. Your company is listed as the organization requesting receipt of these documents. If this document is sent via e-mail, you must click on the attached PDF document. The document is in a pdf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/ Agency listed on the attached/linked documents. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICAT ION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE,,,, Certificate of Insurance Delivered by ecertsonlineTP Insurance Visions, Inc. All rights reserved