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HomeMy WebLinkAboutA9151 - PALM SPRINGS CULTURAL CENTERCONTRACT ABSTRACT Contract prepared by: Janet Burns Submitted on: 06/07/22 By: Janet Burns Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Palm Springs Cultural Center Michael Green, Executive Director Palm Springs Pavilion Rental $10,000 In-Kind Sponsorship for Farmer’s Market Saturdays, 06/04/22 – 09/17/22 Contract Administration Lead Department: Contract Administrator: Parks and Recreation Jeannie Kays Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A9151 Contract Compliance Exhibits: Signatures: Insurance: Bonds N/A COMPLETED COMPLETED N/A DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 55575.18185\34194064.I LETTER OF AGREEMENT TO HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS CULTURAL CENTER This Letter of Agreement is made and entered into as of ______, 2022, by and between the CITY OF PALM SPRINGS ("CITY") and THE PALM SPRINGS CULTURAL CENTER (“CULTURAL CENTER”), a 501(c)(3) non-profit organization. City and Cultural Center are sometimes herein referred to individually as “Party” and collectively as the “Parties.” RECITALS A. This Letter of Agreement shall be considered attached to and incorporated in that certain document dated June 1, 2020, entitled Hold Harmless Agreement ( “Agreement”). B. This Letter of Agreement arises out of the Parties' desire to amend the Agreement to exercise an additional one-year term upon written consent of the Parties. C. This Letter of Agreement is being executed between the Parties pursuant to the Agreement. AGREEMENT 1. RECITALS The above recitals are hereby incorporated into this Letter of Agreement as if fully set forth herein. 2. EXTENSION OF CONTRACT SERVICES AGREEMENT Pursuant to Section 2 of the Agreement, the term of the Agreement is hereby extended from {July 1, 2022, through September 17, 2022}, the exercise of the additional 12-week term optional extension allowed thereunder. 3. FEES AND CHARGES FOR FACILITY USE 3.1 City has agreed to a $10,000 In-Kind Sponsorship for the term of this Agreement. 4. FULL FORCE AND EFFECT This modifying Letter of Agreement is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions of the Agreement, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Letter of Agreement and any provisions of the Agreement, the provisions of this Letter of Agreement shall in all respects govern and control. DocuSign Envelope ID: 7407FC32-EE06-4655-8B4E-5E7D1F05C7AF June 6 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 55575.18185\34194064.I 5. CORPORATE AUTHORITY The persons executing this Letter of Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Letter of Agreement on behalf of said party, (iii) by so executing this Letter of Agreement, such party is formally bound to the provisions of this Letter of Agreement, and (iv) entering into this Letter of Agreement does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Letter of Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, A municipal corporation By: _____________________________ By: ____________________________ City Clerk Justin Clifton City Manager “CULTURAL CENTER” THE PALM SPRINGS CULTURAL CENTER Approved as to Form: By:__________________________ Its:__________________________ By: _____________________________ Jeff Ballinger City Attorney By: _________________________ Its: _________________________ DocuSign Envelope ID: 7407FC32-EE06-4655-8B4E-5E7D1F05C7AF Executive Director DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 6/14/2022 6/15/2022 6/22/2022 Monique Lomeli DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/25/2022 (760) 325-2526 (760) 322-5970 17370 Palm Springs Cultural Center 2100 E. Tahquitz Canyon Way Palm Springs, CA 92262 24082 19879 A 2,000,000 X NN1361336 1/23/2022 1/23/2023 100,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000B BAS56203246 2/12/2021 2/12/2022 C SWC1359882 11/1/2021 11/1/2022 1,000,000 1,000,000 1,000,000 Re: Farmers Market City of Palm Springs is an Additional Insured when required by a written contract. City of Palm Springs 401 S. Pavillion Way Palm Springs, CA 92262 PALMSPR-15 CANRA1 Weingarten & Hough, Inc. 41602 Indian Trail STE 1 Rancho Mirage, CA 92270 Raul Cano-Rogers raul@whinsurance.com Nautilus Insurance Company Ohio Security Insurance Company Security National Insurance Co X X X X X X DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 L609 (05/09)Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or "your work" done under a written contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only when you and that person or organization have agreed to such waiver in writing in a contract or agreement. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 DocuSign Envelope ID: 3C57CE42-7C59-4310-A80D-E0A4B1442D21 55575.18185\40804306.1 Page 1 of 3 Revised: 7.15.23 AMENDMENT NO. 2 TO THE A9152 PARADE PRODUCTION SERVICES BETWEEN THE CITY PALM SPRINGS AND UPBEAT PARADE PRODUCTIONS 1. Parties and Date. This Amendment No. 2 to the Parade Production Services is made and entered into as of this 15 day of July 2023, by and between the City of Palm Springs (“City”) and Upbeat Parade Productions, a Limited Liability Corporation with its principal place of business at 5320 Cedar Grove Cir. San Jose, Ca 95123 City and Upbeat Parade Productions are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Upbeat Parade Productions have entered into an agreement entitled “Parade Production Services” dated 15 day July 2023 for the purpose of retaining the services of Upbeat Parade Production to provide Parade production services for the Veterans Day Parade and the Festival of Lights Parade. 2.2 Amendment. The City and Upbeat Parade Productions desire to amend the Agreement to include the services for inflatable balloons, holiday floats and costumes. An additional $180,000 in compensation per year will be provided. Original contract amount was $49,000 per year and $147,000 for three years. Total amended contract amount will be $229,000 per year. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 11.3 of the Agreement. 3. Terms. 3.1 Scope of Services section 1.1 shall be amended to include providing and at least 4 holiday floats, at least 8 inflatable balloons for the Festival of Lights Parade and 3 inflatable balloons for the Palm Springs Veterans Day Parade, Helium to support the inflatable balloons and costume characters, inflatable costumes and floats. Section 1.1 of the Scope of Services of the Agreement is hereby amended to add the following: Section 1.1 Scope of Services: Added: Upbeat Parade Productions will provide a Santa Float, at least 8 inflatable balloons for the Festival of Lights Parade and 3 inflatable balloons for the Palm Springs Veterans Day Parade, a Council Float, 2 additional floats for community groups or possible sponsors floats, helium for the inflatable balloons and children’s costumes characters and inflatable costumes and floats shall be provided. DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 55575.18185\40804306.1 Page 2 of 3 Revised: 7.15.23 3.2 Compensation of Contractor is hereby amended to read as follows: 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed Two-hundred and Twenty-nine Thousand Dollars ($229,000.00) per year. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 55575.18185\40804306.1 Page 3 of 3 Revised: 7.15.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND UPBEAT PARADE PRODUCATIONS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 9/14/23______ Item No. 1G APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 9/26/2023 9/26/2023