HomeMy WebLinkAbout25I167 - David Dixon
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CONTRACT SERVICES AGREEMENT 25I167
Graphic Design, Bike Map Design
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on June 09th 2025, by and between the City of Palm Springs, a California charter city and
municipal corporation (“City”), and David Dixon, a Graphic Designer, (“Contractor”). City and
Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a Graphic Designer, for a Bike Map Design Project,
(“Project”).
B. Contractor has submitted to City a proposal to provide design updates for City bike
maps, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work attached to
this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar
conditions. In the event of any inconsistency between the terms contained in the Scope of
Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement
shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state,
and local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement.
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1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the Services
required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it
has carefully considered how the Work should be performed and fully understands the facilities,
difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither
Party shall be accountable for delays in performance caused by any condition beyond the
reasonable control and without the fault or negligence of the non-performing Party. Delays shall
not entitle Contractor to any additional compensation regardless of the Party responsible for the
delay.
3. COMPENSATION OF CONTRACTOR
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 $2,437.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive
payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City’s finance
director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized
services performed. City shall pay Contractor for all expenses stated in the invoice that are
approved by City and consistent with this Agreement, within thirty (30) days of receipt of
Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City,
Parties shall execute a written amendment to this Agreement, specifying all proposed amendments,
including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or
Work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not made,
this Agreement shall automatically terminate without penalty to City.
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4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Contractor notification, the Contract Officer shall investigate the facts
and the extent of any necessary delay and extend the time for performing the Services for the
period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to
this Agreement. The Contractor will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement,
this Agreement shall continue in full force and effect for a period of 5 (Months), commencing on
April 22nd, 2025, and ending on September 22nd, 2025, unless extended by mutual written
agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health, safety,
and general welfare, the period of notice shall be such shorter time as may be determined by the
City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services
except such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer after such notice. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed Services and shall not be entitled to damages or compensation
for termination of Work. If the termination is for cause, the City shall have the right to take
whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof
to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may
not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
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5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified Services: David Dixon (name), Graphic
Designer (title). It is expressly understood that the experience, knowledge, education, capability,
and reputation of the foregoing principal is a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principal shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to personally
supervise the Services under this Agreement. The foregoing principal may not be changed by
Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the Services. Contractor shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and employees, were
a substantial inducement for City to enter into this Agreement. Contractor shall not contract with
any other individual or entity to perform any Services required under this Agreement without the
City's express written approval. In addition, neither this Agreement nor any interest may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement including without limitation the insurance and indemnification
requirements. If Contractor is permitted to subcontract any part of this Agreement by City,
Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the
same manner as it is for persons directly employed. Nothing contained in this Agreement shall
create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents or employees, perform
the Services required, except as otherwise specified. Contractor shall perform all required Services
as an independent contractor of City and shall not be an employee of City and shall remain at all
times as to City a wholly independent contractor with only such obligations as are consistent with
that role; however, City shall have the right to review Contractor’s work product, result, and
advice. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. Contractor shall pay all wages, salaries, and other
amounts due personnel in connection with their performance under this Agreement and as required
by law. Contractor shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind
City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following personnel
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without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by Contractor
by providing written notice to Contractor.
Name: Title:
David Dixon Owner
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Contractor shall maintain
registration for the duration of the Project and require the same of any subcontractors, as
applicable. This Agreement may also be subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with
all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as
set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified
Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
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including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims
arising from injuries to or death of persons (Contractor’s employees included), for damage to
property, including property owned by City, for any violation of any federal, state, or local law or
ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions,
or willful misconduct committed by Contractor, its officers, employees, representatives, and
agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This
indemnification clause excludes Claims arising from the sole negligence or willful misconduct of
the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Contractor’s indemnification obligation or other
liability under this Agreement. Contractor’s indemnification obligation shall survive the
expiration or earlier termination of this Agreement until all actions against the Indemnified Parties
for such matters indemnified are fully and finally barred by the applicable statute of limitations or,
if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of
Contractor’s performance as a “design professional” (as that term is defined under Civil Code
section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which
the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct
of the Contractor in the performance of the Services or this Agreement, and, upon Contractor
obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such
claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of
fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the Services required by this Agreement, or as the Contract
Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall
keep such books and records as shall be necessary to properly perform the Services required by
this Agreement and enable the Contract Officer to evaluate the performance of such Services. The
Contract Officer shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement shall
be the property of City. Contractor shall deliver all above-referenced documents to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights or ownership of the documents and materials. Contractor may retain copies of such
documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts
embodied in such documents.
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8.4 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Contractor in the performance of Services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City, such
access to Contractor’s books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Contractor’s performance under this Agreement. Contractor shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final
payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county, and Contractor covenants and agrees to submit to
the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,
any rule of construction of contracts (including, without limitation, California Civil Code Section
1654) that ambiguities are to be construed against the drafting party, shall not be employed in the
interpretation of this Agreement. The caption headings of the various sections and paragraphs of
this Agreement are for convenience and identification purposes only and shall not be deemed to
limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or
approval of any subsequent act of Contractor. Any waiver by either Party of any default must be
in writing. No such waiver shall be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative. The exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
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any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party
all reasonable costs and expenses. These include but are not limited to reasonable attorney fees,
expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default
or breach by City or for any amount which may become due to the Contractor or its successor, or
for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement, nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the term
of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City’s lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Contractor activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Contractor is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either Party desires, or is required to give to the other Party or any other person shall be in writing
and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
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as provided in this Section. Either Party may change its address by notifying the other Party of
the change of address in writing.
To City:
City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor:
David Dixon
280 S Avenida Caballeros Unit #232
Palm Springs, California 92262
11.2 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant
that they are duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this Agreement.
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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled
of the State of California, Consultant shall fully and adequately comply with California Executive
Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant
shall also certify compliance with the Russian Sanctions Program by completing the form located
in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions
Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND DAVID DIXON
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: N/A Item No. N/A
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
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6/16/2025
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Such insurance shall be kept in full force and effect during the term of this Agreement, including
any extensions. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation
to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under
this Agreement shall be as follows:
1. Personal Property Protection with reimbursement provision at Ninety Nine
thousand dollars ($99,000.00) combined additional living expense, Family Liability Protection and
Guest Medical Protection for one hundred thousand dollars ($100,000.00) for each person/each
occurrence.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Contractor’s insurance and shall not contribute with it.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII,
or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Contractor’s insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers’
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Revised 12.21.23 Page 16 of 17
All certificates of insurance and endorsements are to be received and approved by the City before
work commences. All certificates of insurance must be authorized by a person with authority to
bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of work shall not waive the Contractor’s
obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or services
under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its elected officials, officers,
employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, and defense expenses. Certificates of
Insurance must include evidence of the amount of any deductible or self-insured retention under
the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer’s liability.
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Revised 12.21.23 Page 17 of 17
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
From:Jeremy Hammond
To:Tabitha Richards; Christian Wheeler; Anil Cholakkara
Cc:Lindsey-Paige McCloy
Subject:RE: Req#2217
Date:Tuesday, June 3, 2025 8:04:16 AM
Attachments:image001.png
All – The insurance that has been provided does not match what is contractually agreed to.
That being said, the required $1 mil in the contract is excessive for this project and far exceeds
the risk to the City. The contractor has made efforts to amend his homeowners insurance to
include employer’s liability coverage that is likely sufficient for this project. If time is of the
essence, you should proceed. If time permits, we should likely amend the contract to reflect
relaxed insurance requirements (otherwise there is a breach of contract on day 1).
Jeremy
Jeremy Hammond
Deputy City Manager
Risk Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760.323.8218 Direct
www.palmspringsca.gov
From: Tabitha Richards <Tabitha.Richards@palmspringsca.gov>
Sent: Thursday, May 29, 2025 4:03 PM
To: Christian Wheeler <Christian.Wheeler@palmspringsca.gov>; Anil Cholakkara
<Anil.Cholakkara@palmspringsca.gov>; Jeremy Hammond <Jeremy.Hammond@palmspringsca.gov>
Cc: Lindsey-Paige McCloy <Lindsey-Paige.McCloy@palmspringsca.gov>
Subject: RE: Req#2217
Christian,
I did go through and add the proposal as Exhibit A in the attached revised CSA, but
Procurement isn’t able to provide an agreement number until we can verify that the
proper insurance is on file, and I haven’t received verification from Jeremy that he has
approved your substitution. If that is approved, we would need to make those
adjustments to the insurance requirements of the Agreement, then assign an agreement
number to enable you to route for signatures.
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Thank you,
Tabitha Richards
Procurement & Contracting Manager
Tabitha.Richards@palmspringsca.gov
(760) 322-8368
CONFIDENTIALITY NOTICE - The preceding e-mail message (including any attachments) contains information that
may be confidential, protected by the attorney-client privilege or other applicable privileges, protected by the right of
privacy, or constitute other non-public information. It is intended to be conveyed only to the designated recipient(s). If
you are not an intended recipient of this message, please notify the sender by replying to this message and then delete
it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not
authorized and may be unlawful.
From: Christian Wheeler <Christian.Wheeler@palmspringsca.gov>
Sent: Thursday, May 29, 2025 3:38 PM
To: Tabitha Richards <Tabitha.Richards@palmspringsca.gov>; Anil Cholakkara
<Anil.Cholakkara@palmspringsca.gov>; Jeremy Hammond <Jeremy.Hammond@palmspringsca.gov>
Cc: Lindsey-Paige McCloy <Lindsey-Paige.McCloy@palmspringsca.gov>
Subject: RE: Req#2217
Hi,
Just wanted to follow up if there is anything else you need from us on this? Since LP is out till
the 10th.
Kind regards,
Christian Wheeler
Sustainability Specialist
Office of Sustainability, City of Palm Springs
Phone: (760) 323-8236
Email: Christian.Wheeler@palmspringsca.gov
From: Lindsey-Paige McCloy <Lindsey-Paige.McCloy@palmspringsca.gov>
Sent: Thursday, May 22, 2025 6:34 PM
To: Tabitha Richards <Tabitha.Richards@palmspringsca.gov>; Anil Cholakkara
<Anil.Cholakkara@palmspringsca.gov>; Jeremy Hammond <Jeremy.Hammond@palmspringsca.gov>
Cc: Christian Wheeler <Christian.Wheeler@palmspringsca.gov>
Subject: RE: Req#2217
Hi all! Sorry, coming back to this to get caught up here – apologies again for going out of order
here. I’m going to share what we have for this one and see if we need to get the agreement re-
executed and re-routed. In the future, we will work with y’all to route to make sure everything
is pulled in according to plan!
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Page 1 of 2
Page 2 of 2Policy number: 967 778 219
Policy effective date:January 9, 2025
010071064250114S303912 000000967778219250114S303912PROPROR24CA2025011423400401A-000083-001-0-00-00Your Insurance Coverage Checklist
Were happy to have you as an Allstate customer! This checklist outlines whats in this package and provides answers to some
basic questions, as well as any next steps you may need to take.
A guide to your amended package
£Whats in this package?
See the guide below for the documents that are included.
Next steps: review your Policy Declarations to confirm you
have the coverages, coverage limits, premiums and
savings that you requested and expected. Read any
Endorsements or Important Notices to learn about new
policy changes, topics of special interest, as well as
required communications. Keep all of these documents
with your other important insurance papers.
£Am I getting all the discounts I should?
Confirm with your Allstate Agent that youre benefiting
from all the discounts youre eligible to receive.
Policy
Declarations*
The Policy
Declarations
lists policy
details, such as
your property
details and
coverages.
Important
Notices
We use these
notices to call
attention to
particularly
important
coverages, policy
changes and
discounts.
Insurance Made
Simple
Insurance seem
complicated?
Our online
guides explain
coverage terms
and features:
www.allstate.com/
madesimple
Espanol.allstate.com
/facildeentender
£What about my bill?
Unless youve already paid your premium in full, well send
your bill separately. Next steps: please pay the minimum
amount by the due date listed on it.
You can also pay your bill online at Allstate.com/support
or through the Allstate mobile app. If youre enrolled in the
Allstatefi Easy Pay Plan, well send you a statement
detailing your payment withdrawal schedule. Para
espaæol, Ilamar al 1-800-979-4285.
£What if I have questions?
Visit Allstate.com/support to browse our list of frequently
asked questions and find information regarding billing or
policy documents. You can also create an online account
to access and manage your policies. Para espaæol, Ilamar
al 1-800-979-4285.
* To make it easier to see where you may have gaps in your protection, weve highlighted any coverages you do not have in the
Coverage Detail section in the enclosed Policy Declarations.
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Page 1 of 3
010071064250114S303912 000000967778219250114S303912PROPROR24CA2025011423400401A-000083-002-0-00-00Amended Renters Policy Declarations
Policy number: 967 778 219 Policy effective date:January 9, 2025
CA071AMDPage 2 of 3
Coverage detail for the property insured
Coverage Limits of Liability Applicable Deductible(s)
Personal Property Protection -
Reimbursement Provision
$99,000 $500 All peril
Additional Living Expense Refer to Policy
Family Liability Protection $100,000 each occurrence
Guest Medical Protection $1,000 each person
Workers’ Compensation and
Employers’ Liability Coverage for
Residence Employees
Statutory/See Form
„Other Coverages Not Purchased:
Business Property Protection*
Business Pursuits*
Cellular Communication System*
Electronic Data Processing
Equipment*
Extended Coverage on Cameras*
Extended Coverage on Jewelry,
Watches and Furs*
Extended Coverage on Musical
Instruments*
Extended Coverage on Sports
Equipment*
Fire Department Charges*
Home Day Care*
Incidental Office, Private
School Or Studio*
Increased Coverage on Building
Improvements*
Increased Coverage on Money*
Increased Coverage on Securities*
Increased Silverware Theft Limit*
Lock Replacement*
Satellite Dish Antennas*
Waterbed Liability*
* This coverage can provide you with valuable protection. To help you stay current with
your insurance needs, contact your agent to discuss available coverage options and
other products and services that can help protect you.
This policy does not cover earth movement including earthquake.
Scheduled Personal Property Coverage
Your policy does not include Scheduled Personal Property Coverage. This coverage can provide you with valuable protection. To
help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and
services that can help protect you.
Your policy documents
Your Renters policy consists of the Policy Declarations and the following documents. Please keep them together.
Renters Policy AP5 California Renters Amendatory Endorsement AP4481-4
Amendment of Policy Provisions AP425 California Workers’ Compensation And Employers’ Liability
Coverage For Residence Employees Coverage Form AP1127
California Standard Fire Policy Provisions AP1862-2
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Important notices
Policy number: 967 778 219
Policy effective date:January 9, 2025
010071064250114S303912 000000967778219250114S303912PROPROR24CA2025011423400401A-000083-003-0-00-00Page 1 of 1
Youve recently made a change to your
policy
The State of California recently passed Assembly Bill 1511,
which requires insurers to provide the following statement
when youve made a change to your policy:
For your protection, California law requires the following to
appear on this form: Any person who knowingly presents false
or fraudulent information to obtain or amend insurance
coverage or to make a claim for the payment of a loss is guilty
of a crime and may be subject to fines and confinement in state
prison.
Have questions? Please contact us.
If you have any questions regarding this information or your
insurance coverage in general, please feel free to contact your
Allstate Agent or representative.
X74018
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561
Docusign Envelope ID: 451F2ED5-CD1F-41FA-87BB-B801C924F561