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HomeMy WebLinkAboutA6187 - PS RESORTS. ~ PSRESOR-01 ACORD · CERTIFICATE OF LIABILITY I NSURANCE I DATE (MM/DD/YYYY) ~ 7/29/2025 THIS CERTIFICA TE IS ISSUED AS A M A TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI F I CATE HOLDER. THI S CERTI FICATE DOES NOT AFFI R M ATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT ER T H E COVERAGE AFFORDED BY T HE POLIC I ES BELOW. T HIS CERTIFICATE OF INSU RANCE DOES NOT CONSTI TUTE A CONTRACT BETWEEN T H E ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, A N D THE CERT IFICATE 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 pol icy, certain policies may require an endorsement. A statement on this certificate does not con fer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0603247 j2NT,t.CT RECEIVED M E: Georae Petersen I nsurance Agency, I nc. r,.::gN:C,, Ext): (707) 525-4150 Wc, NoJ:(707) 525-41 75 P.O. ox 3539 Santa Rosa, CA 95402 AUG O 4 2025 ifD~~ss: info@gpin s .com INSURER(!) AFFORDING COVERAGE NAIC# INSURER A : Great American I nsurance Company 16691 INSURED O FFICE OF THE CITY CLE~RERB : PS Resorts INSURERC: -- P . 0. Box 4607 INSURER D : Palm Springs, CA 92263 ~ INSURER E : INSURER F: COV ERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERT IFY THAT T HE 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 T HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS A NO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~.P..\-1l/.'!.~~ POLICY NUMBER POLICYEFF POLICY EXP l LIMITS ITD A X COMMERCl,t.L GENERAL Ll,t.BILITY L EACH OCCURRENCE $ 1 ,0 00,000 CLAIMS-MADE X OCCUR GLP445835404 7/12/2025 DAMAGE TO RENTED 100,0 00 X 7/12/2026 PREMISES (Ea occurrence) $ MED EXP (Any one__JJerson} $ 5,000 ' 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000 ,000 X POLICY PR~ JE T LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: I I I ABU SE MOLESTATI $ 500 ,000 I I COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accidenl) $ ANY AUTO BODILY INJURY (Per persor,J $ OWNED SCHEDULED $ AUTOS ONLY AUTOS BODILY INJURY (Per accident) HIIVffi NO~-~~NED I P~OPERTY ?AMAGE $ AU SON LY AU O NLY ~ er accident I I I $ UMBRELU LIAS OCCUR I I I EACH OCCURRENCE $ EXCESS LIAB CLAIMS.MADE AGGREGATE $ OED RETENTION$ I I i WORKERS COMPENS,t.TION I I PER OTH· AND EMPLOYERS" LIABI LITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $ ~ FICER/M~M~'Ff: EXCLUDED? I ( andatory n ) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under I E.L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIO NS I VEHICLES (,t.CORD 101. ,t.ddillonal Remarks Schedule, may be attached If more space is required) RE: Work performed by the named In sured on behalf of the Certificate Holder The City of Palm Springs is named as Addltlonal Insureds I n respects to General Liability per CG 82 24 (Ed. 12-01) attached. CERTIFICATE HOLDER CANCEL LATION SHOULD ANY OF THE ABOVE DESCRI BED POLICIES BE CANCELLED BEFORE The City of Palm Springs T HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E . Tahquitz Canyon Way Palm Springs, CA 92262 ,t.UTHORJZED REPRESENT ,t. TIVE ~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATI ON. A ll rights reserved. T h e ACORD name and logo a r e registered marks of ACORD CONTRACT ABSTRACT 2 Original: Amendment No. 5 Company Name: PS Resorts Company Contact: Aftab Dada, President/Celeste Brackley, Vice President Summary of Services: Funding Agreement, Destination Palm Springs Contract Price: $225,000 Annually Funding Source: TOT Revenue (Resort Fee) Contract Term: Five (5) year extension, ending December 31, 2025, with one (1) optional three (3) year renewal. Contract Administration Lead Department: City Manager Contract Administrator: Marcus Fuller, Assistant City Manager Council Approvals Original Agreement: February 28, 2012 Amendment No. 1: December 6, 2013 Amendment No. 2: March 15, 2017 Amendment No. 3: February 13, 2020 Amendment No. 4: November 12, 2020 Amendment No. 5: January 14, 2021 Agreement Number: A6187 Contract Compliance Exhibits: On file Signatures: Attached Insurance: On file Bonds: On file Contract Prepared By: Marcus Fuller Submitted on: 01/19/2021 By: Tabitha Richards AMENDMENT NO. 5 TO DESTINATION PALM SPRINGS AGREEMENT PS RESORTS This Amendment No. 5 to Destination Palm Springs Agreement ("Amendment No. 3") is made and entered into, effective this/day of 2021, by and between the City of Palm Springs, California, a California municipal corporation and charter law city ("City") and PS Resorts, a California mutual benefit corporation ("PS Resorts"). RECITALS A. City and PS Resorts have entered into a funding agreement, dated May 28, 2012, to create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination, (together, with the amendments referenced below and this Amendment No. 3, the "Agreement"). B. City and PS Resorts approved Amendment No. 1 to the Agreement on December 6, 2013, to extend the term of the Agreement for an additional three years through November 30, 2016. C. City and PS Resorts approved Amendment No. 2 on March 15, 2017, in order to modify certain terms and conditions to the Agreement, including extending the term of the Agreement to November 15, 2019. D. City and PS Resorts approved Amendment No. 3 on February 13, 2020, to extend the term of the Agreement to June 30, 2020. E. City and PS Resorts approved Amendment No. 4 on November 12, 2020, to extend the term of the Agreement on a month to month basis. F. City and PS Resorts desire to continue funding to PS Resorts for a long- term period to allow PS Resorts to fully plan for local tourism events to be held in the City in the post-COVID environment. AGREEMENT In consideration of the promises and covenants contained in this Amendment No. 4 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the PS Resorts agree: SECTION 1. Section 1 of the Agreement is amended to read as follows: "1. Term. Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of five (5) years, effective January 1, 2021. This Agreement may be extended by mutual agreement of the parties for a period of three (3) years." SECTION 2. Except as expressly modified by this Amendment No. 5, the Agreement shall remain in full force and effect according to its terms. The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment No. 5 on behalf of said parties and that by so executing this Amendment No. 5 the parties are formally bound to the provisions of this Amendment No. 5. In witness whereof, City and PS Resorts have executed and entered into this Amendment No. 5 as of the date first written above. CITY OF PALM SPRINGS, a California charter City and municipa corporation W" David H. Ready, Ph.qaijVanager ATTEST: Arhthony Mej MM City Clerk APPROVED AS TO FORM: / J eff re S. BaI Wjfer City Attorney PS RESORTS, APPROVED BY CnY COUNGtL AMENDMENT'NO 3 TO DESTINATION PALM SPRINGS AGREEMENT- PRESORTS This Amendment No 31 to'Destination Palir :Spnngs Agreement{"Amendment No.:3")rs made and entered into;6Mctive this 16th•day of November,2019,by and between the City of Palm Springs, California, a COifonua municipal co poratibn and charter law eitq("Cit`y".)'and PS'Resorts;a California mutual benefit corporation("PS Resorts") RECITALS A City and PS Resorts have entered mto;a fimdmg-•agreement, dated May 28,2012; , to'create, foster, ind,enhance events, attractions, and activities that will'attract visito to Palm rs ; Springs and- otherwise,-promote Palm Springs as a prem►er°destniation, (together, with the amendments referenced below and this Amendmeat'No 3,the,`:`Agreement" B. City and PS Resorts approved Amendment No 1 to the Agreement on December 6,2013;to extend the teen of the Agreement for an addttional three years'through November 30, 2016. , C City and>PS Resorts approved Amendment No.2 on March 15, 2017, in order to modify certain terms"and conditions to, the Agreement, including extending"the term 'oflthe` ' Agredment to,November-l5,2019. ". D. City and_.PS Resorts des re;to continue funding to PS'Resorts,'or a month to morith basis, until June 30, 2020, in order to discuss and;;re-negotiate certain terms and conditions of the'Agre'ei r" that may be agreeable to both parties: AGREEIGIENT,. In consideration of.the promises and covenants contained m this Amendment 146;.3 and other good and valuable `consideration, 'the receipt and' sufficiency of which is"Whereby acknowledged,theCityand the PS Resorts;agree; SECTIONA. 'Section to of the Agreementis'amendedlo read as follows:` "1 Term Unless earliei terminated in'accordancd with Se6tion'.15 of , it his,Agreeinent, tlus Agreement shall continue in full force acid effect on a month to month basis; ending on June i30, 2020, unless extended by mutual written r,. agreement of the parties SECTION 2.. detron 15 of the•Ag eenient is emended to read as follows: cept as otherwise ex ressl ovided in this A eement, 15 Termination Ex p y p, gr the City and PSResorts"each reserves the right to terminate this Agreement at any trine,with o`r without cause,upon thirty(30)""days written notice"to the other party: In the event this Agreement is terminated without cause, PS'Resort's will;.reWn . - sssrs.isnsiiz�aciizi ' • any funds paid to PS Resorts under this Agreement and PS Resorts will expend such funds only in the manner and for the purposes provided in this Agreement." SECTION 3. Except as expressly modified by this Amendment No. 3, the Agreement shall remain in full force and effect according to its terms. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment No. 3 on behalf of said parties and that by so executing this Amendment No. 3 the parties are formally bound to the provisions of this Amendment No. 3. In witness whereof, City and PS Resorts have executed and entered into this Amendment No. 3 as of the date first written above. CITY OF PALM SPRINGS, PS RESORT , a California charter City a California utual benefit corporation David H. Ready,Ph.D.,C' ager Aftab resident ATTEST: Affdti hony M jia, MC City Clerk CeAe6}+L' IW-41 CY APPROVED AS TO FORM: II APPROVED BY CnY COUNCIL A6181 X 24o Je ey S. a inger �3 City Attorney 55575.18175\32686212.1 any funds paid to PS Resorts under this Agreement and PS Resorts will expend such funds only in the manner and for the purposes provided in this Agreement." SECTION 3. Except as expressly modified by this Amendment No. 3, the Agreement shall remain in full force and effect according to its terms. The persons executing this Amendment No.3 on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment No. 3 on behalf of said parties and that by so executing this Amendment No. 3 the parties are formally bound to the provisions of this Amendment No.3. In witness whereof, City and PS Resorts have executed and entered into this Amendment No.3 as of the date first written above. CITY OF PALM SPRINGS, PS RESOR S, a California charter City a Californi mutual bone rporatiop �' David H.Ready,Ph.D. anager Afta President ATTEST: Anthony Mejia,MMC City Clerk APPROVED AS TO FORM: APPROVED BY CITY COUNCIL ji Jeffrp S.—�llfitger A� _ City Attorney 3$17r_rlrr6Ur666r12.r AMENDMENT NO. 2 TO DESTINATION PALM SPRINGS AGREEMENT PS RESORTS This Amendment No. 2 to the Destination Palm Springs Agreement ("Amendment") is made and entered into this 15th day of March, 2017, by and between the City of Palm Springs, California, a California charter city ("City"), and PS Resorts, a California mutual benefit corporation ("PS Resorts"). RECITALS A. City and PS Resorts have entered into .a funding Agreement, dated May 28, 2012, to create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination, (the "Agreement'). B. City Council approved Amendment No. 1 to the Agreement on December 6, 2013, to extend the term of the Agreement for an additional three years through November 30, 2016. C. City and PS Resorts are agreeable to modifying certain terms and conditions to the Agreement pursuant to the terms of this Amendment No. 2. D. City and PS Resorts desire to continue funding to PS Resorts in the furtherance of its purpose and the purposes of the Agreement. AGREEMENT In consideration of the promises and covenants contained in this Amendment No. 2 and other good and valuable consideration, the City and the PS Resorts agree: SECTION 1. Section 6 of the Agreement is amended to read: 6. Funding. (a) Payment to PS Resorts. Subject to Section 2 herein, the City agrees to grant to PS Resorts an annual amount equal to fifty percent (50%) of the net transient occupancy tax revenues paid to and retained by the City, attributed solely to resort fees (the 'Resort Fee TOT') paid to and collected by the member hotels of PS Resorts, for thirty-six consecutive calendar months, commencing on December 1, 2016, and through November 30, 2019. PS Resorts agrees to continue its purpose to create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination, (the 'Project'), subject to the terms and conditions of the Agreement as hereby amended. For the purposes of this Agreement, "net transient occupancy tax revenues" means transient occupancy tax revenues paid to the City and attributed solely to resort fees paid to and collected by the member hotels of PS Resorts. Destination Palm Springs Amend. No. 2 PS RESORTS Page 1 of 4 (b) Contingent on Funding. The obligations of the City under this Amendment No. 2 are contingent upon the availability of funds and inclusion of sufficient funds for the payment of any or all obligations hereunder in the budget approved by the City Council each fiscal year this Agreement, as amended, remains in effect or operation. In the event such funding is terminated or reduced, the City Manager may terminate this Agreement, as amended, to reduce the City's obligations, if any, or modify this Agreement, without penalty. The decision of the City Manager shall be binding on PS Resorts. The City Manager shall provide PS Resorts with written notification of such determination and PS Resorts shall immediately comply with the City Manager's decision. (c) Sponsorships. All events, programs, and/or activities of PS Resorts where sponsorships are acknowledged shall include acknowledgement of sponsorship of both PS Resorts and the City of Palm Springs. SECTION 2. Section 1 of the Agreement is amended to read: 1. Term. Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years ending on November 30, 2019, unless extended by mutual written agreement of the parties. SECTION 3. Subsection (c) of Section 6, titled "Funding," added by Amendment No. 1 to the Agreement, is revised to read: (c) Funding of Council Requested Events,, Programs, or Activities. PS Resorts commits to fund a minimum of $225,000 annually during the term of the Agreement, as amended, for expenses for events, programs, and/or activities as requested by the City Council. SECTION 4. Section 9, "Covenant against Discrimination," of the Agreement is revised to read: 9a. Covenant Against Discrimination. In connection with its performance under this Agreement, PS Resorts shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. PS Resorts shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be 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. Destination Palm Springs Amend. No. 2 PS RESORTS Page 2 of 4 SECTION 5. Section 9b is added to the Agreement to read: 9b. Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the PS Resorts, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to PS Resorts or to its successor, or for breach of any obligation of the terms of this Agreement. SECTION 6. Section 9c is added to the Agreement to read: 9c. Conflict of Interest. PS Resorts acknowledges that no officer or employee of the City has or shall have any direct or indirect financial .interest in this Agreement nor shall PS Resorts enter into any agreement of any kind with any such officer or employee during the term of this.Agreement and for one year thereafter. PS Resorts warrants that PS Resorts 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. SECTION 7. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing this Amendment the parties hereto are formally bound to the provisions of this Amendment. Destination Palm Springs Amend. No. 2 PS RESORTS Page 3 of 4 SECTION 8. City and PS Resorts agree that the terms of the Agreement shall remain unchanged and in full force and effect, except as specifically provided in this Amendment No. 2. In witness whereof, City and PS Resorts have executed and entered into this Amendment No. 2 as of the date first written above. CITY OF PALM SPRINGS, PS RESORTS A California Charter City A California utual Be efit Corp. David H. Ready, Cit Aft a Prellent ATTEST: U � Kathleen D. Hart, Interim City Clerk Tim Ellis, Vice President APPR V TO FORM: APPROVED W CTY COUNCIL -1'VM �-a i �«1 Douglas C. olland, City Attorney AZOT a, Destination Palm Springs Amend. No. 2 PS RESORTS Page 4 of 4 AMENDMENT, NO. 1 TO DESTINATION PALM SPRINGS AGREEMENT PS RESORTS ' This Amendment No. 1 to the Destination Palm Springs Agreement ("Amendment') is made and entered into this 6T" day of December, 2013, by and between the City of Palm Springs, California, a California charter city ("City), and PS Resorts, a California mutual benefit corporation ("PS Resorts"). RECITALS A. City and PS Resorts have entered into a funding Agreement, dated May 28, 2012, to create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination ("Agreement'). B. City and PS Resorts are agreeable to modifying certain terms and conditions to the Agreement pursuant to the terms of this Amendment. C. City and PS Resorts desire to continue funding to PS Resorts in the furtherance of its purpose and the purposes of the Agreement. AGREEMENT In consideration of the promises and covenants contained in this Amendment and other good and valuable consideration, the City and the PS Resorts agree: SECTION 1. City agrees to grant to PS Resorts an annual amount equal to fifty percent (50%) of the net transient occupancy tax revenues paid to and retained by the City, attributed solely to resort fees paid to and collected by the member hotels of PS Resorts ('Resort Fee TOT°) for thirty-six consecutive calendar months, commencing on December 1, 2013, and PS Resorts agrees to continue the Project, and create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination, subject to the terms and conditions of the Agreement. For the purposes of this Agreement "net transient occupancy tax revenues" means transient occupancy tax revenues paid to the City and attributed solely to resort fees paid to and collected by the member hotels of PS Resorts less any rebates, refunds, or incentive program payments pursuant to Chapter 5.26 of the Palm Springs Municipal Code or by agreement between the City and a Developer or Operator of a hotel. SECTION 2. Section 1 of the Agreement is amended to read: 1. Term. Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall continue in full force and effect for a period.of three (3) years ending on November 30, 2016, unless extended by mutual written agreement of the parties. Destination Palm Springs Amend. No. 1 PS RESORTS Page 1 of 2 ORIGINAL IJIU ,AND/OR AGREEMEXT . SECTION 3. Subsection (c) of Section 6, titled "Funding," is added to the agreement to read: (c) Funding of the Palm Springs Trolley by PS Resorts. PS Resorts commits to fund a minimum of $100,000 annually during the life of this agreement extension to the proposed City of Palm Springs trolley program, as generally described at the City Council meeting of November 20, 2013, and subject to further refinement and modification. One-half of each annual payment to the City for this purpose will be due and payable on May 1 and November 1 of each year this agreement remains in effect. PS Resorts shall be recognized as a sponsor of the Palm Springs Trolley Program in a manner as determined by the City Manager and PS Resorts. In the event that City Council does not approve such a trolley program, PS Resorts will be relieved of this obligation —which would be in writing from the City Manager. SECTION 4. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing this Amendment the parties hereto are formally bound to the provisions of this Amendment. SECTION 5. City and PS Resorts agree that the terms of the Agreement, shall remain unchanged and in full force and effect, except as specifically provided in this Amendment. In witness whereof, City and PS Resorts have executed and entered into this Amendment as of the date first written above. n CITY OF PALM SPRINGS, PS RESORTS A California Charter City A Californi Mutual Bene it C rp. David H. Ready, City r AIfab D1 , Pr6 ident ATTEST: ames Thompson, City Clerk Tim Elli , Vice President APPROVED AS TO FORM: APPROVED BY CITY COC'1Cl! \a•Jc Ab aN Pb��'� Douglas C. Holland, City Attorney Destination Palm Springs Amend. No. 1 PS RESORTS Page 2 of 2 f VPAMs O S. c lJ N c44 1FORN0 1, DESTINATION PALM SPRINGS AGREEMENT THIS DESTINATION PALM SPRINGS AGREEMENT (the "Agreement') is made and entered into this Ze)kay of February, 2012, by and between the City of Palm Springs, a California charter city ("City"), and PS RESORTS, a California mutual benefit corporation ("PS Resorts"). Collectively the City and PS Resorts are referred to as the Parties. RECITALS A. PS Resorts is a recently organized mutual benefit corporation, consisting of representatives from each of the resort hotels operating within the corporate limits of the City and who charge or assess resort fees. The purpose of PS Resorts is to create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination ('Project'). B. City is a charter city that levies and collects a transient occupancy tax ('TOT') on guests for the privilege of occupancy at hotels, motels, and other visitor serving facilities as provided in Chapter 3.24 of the Palm Springs Municipal Code. C. It is the desire of the City to provide an initial "seed" grant of funds to PS Resorts and assist PS Resorts in the furtherance of its purpose and the purposes of this Agreement, and to ensure that there is an appropriate level of start-up funds to reasonably enable PS Resorts to commence the Project. NOW, THEREFORE, in consideration of the mutual agreements contained herein, City agrees to grant to PS Resorts an annual amount equal to Fifty Percent (50%) of the TOT revenues paid to the City and attributed solely to resort fees paid to and collected by the member hotels of PS Resorts ("Resort Fee TOT') for thirty-six consecutive calendar months, commencing on December 1, 2010 and PS Resorts agrees to use funds provided for herein to undertake the Project, and create, foster, and enhance events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination, subject to the following terms and conditions: AGREEMENT 1. Term. The term of this Agreement shall commence on December 1, 2010 and terminate on November 30, 2013, unless terminated pursuant to the provisions of Section 15 of this Agreement. 0R!G11F:L siI) "T/Cr^n i.Gr;r_FMENT 2. Project. PS Resorts shall initiate and reasonably pursue its purpose, which includes the creation, fostering, and enhancement of events, attractions, and activities that will attract visitors to Palm Springs and otherwise promote Palm Springs as a premier destination. 3. Status of PS Resorts. PS Resorts is an independent entity, apart from the City, and shall be wholly responsible for the manner in which it performs the Project as required by the terms of this Agreement. Nothing in this Agreement shall be construed as creating a relationship of employer and employee or principal and agent between the City and PS Resorts or any of PS Resorts' agents or employees. The City shall neither .have nor exercise any control or direction over the methods by which PS Resorts shall perform its obligations under this Agreement. The City shall not be responsible or liable for the acts or failure to act, whether intentional or negligent, of any employee, agent, or volunteer of PS Resorts. PS Resorts shall own any event, event names, concepts and the like, it produces, including events produced with the funds to be provided. 4. Operation as a Non-Profit. PS Resorts shall at all times during the term of this Agreement operate and otherwise conduct itself as a bona fide mutual benefit corporation in full compliance with the laws of the State of California and shall timely file all statement, documents, and submissions required under the laws of the State of California and the United States. PS Resorts shall also implement appropriate financial procedures and administrative practices that will ensure that the Board of Directors of PS Resorts will be accountable for all actions taken in the name of PS Resorts. Such procedures and practices shall include, without limitation: (a) Inclusion on the Board of Directors a representative from each hotel in the City that collects transient occupancy taxes on resort fees. Notwithstanding the foregoing, PS Resorts shall not be required to have more than twelve (12) directors. In the event membership exceeds twelve (12), directors shall be •elected by a majority of members. (b) Board of Directors review and approval of each and every expenditure in excess of iOne Thousand Dollars ($1,000.00), and the preparation of minutes of all Board meetings that reflect all actions taken during each Board meeting. PS Resorts warrants that it has, or that it will timely secure all necessary licenses and permits required by the laws of the United States, State of California, or the City, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of this Agreement. In addition, PS Resorts shall use its best efforts to ensure that its officers, directors, employees, agents, and contractors conduct themselves in compliance with the laws and licensure requirements including, without limitation, compliance with laws applicable to non discrimination, sexual harassment, and ethical behavior. 5. Delegation and Assignment. PS Resorts shall not delegate or assign or otherwise transfer its duties, nor assign its rights under this Agreement, either in whole or in part, without the prior written consent of the City's City Manager. The request must be in writing with a full explanation for the request. Any consent granted by the 2 City Manager may be conditioned upon and subject to certain actions by.PS Resorts as determined by the City Manager. Any attempted assignment or delegation in derogation of this Section 5 shall be deemed void. It is understood and agreed that PS Resorts will engage consultants and contractors to assist it in accomplishment of its goals and purposes, and such engagements will not be deemed to violate the restrictions set forth in this Section 5. 6. Funding; (a) Payment to PS Resorts. The City shall pay to PS Resorts on a monthly basis fifty percent (50%) of the Resort Fee TOT based on the prior month's collections by the City. Upon execution of this Agreement, the City shall pay to PS Resorts the accrued sum of 50% of Resort Fee TOT from December 1, 2010 through the last complete month preceding the execution of this Agreement less any sums previously expended by the City or otherwise authorized by the City Manager for the benefit of the resort hotels of the City of Palm Springs. (b) Contingent on Funding and Budget. The obligations of the City under this Agreement are contingent upon the availability of funds and inclusion of sufficient funds for the payment of any or all obligations hereunder in the budget approved by the City Council each fiscal year this Agreement remains in effect or operation. In the event such funding is terminated or reduced, the City Manager may terminate this agreement reduce the City's obligations, if any, or modify this Agreement, without penalty. The decision of the City Manager shall be binding on PS Resorts. The City Manager shall provide PS Resorts with written notification of such determination and PS Resorts shall immediately comply with the City Manager's decision. Under no circumstances shall the City terminate this Agreement prior to June 30, 2012. 7. Indemnification. PS Resorts agrees to and shall •indemnify, defend, and hold harmless City and its, officers, agents, and employees from and against all liability, claims, losses and demands, damages to property or injuries to or death of any person or persons, including property of officers, employees, or agents of City, including defense costs (together, "Claims'), whether resulting from court action or otherwise, resulting from, related in any manner to, or arising out of the intentional, malicious, negligent acts, inactions, errors or omissions of PS Resorts, its officers, employees, agents, and/or its Subcontractors in the performance of this Agreement, except to the extent such claims are due solely by thenegligence or willful misconduct of the City, its officers, agents, or employees. 8. -insurance. Without limiting PS Resorts' liability for indemnification of City as set forth in Section 7 above, PS Resorts shall obtain and maintain in effect, during the term of this Agreement, reasonable insurance coverage consistent with best practices applicable to non-profit corporations doing business in the State of California. 9. Covenant against Discrimination. In the performance of this Agreement, PS Resorts shall not engage in, nor permit any employee or agent to engage in discrimination in employment of persons or provision of Services or assistance, nor exclude any person from participation in, nor deny any person the benefits of, nor or subject any person to discrimination under any program or activity funded in whole or in 3 part with funds under this Agreement on the grounds of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender or sexual orientation, except as permitted by applicable provisions of Federal and State law. PS Resorts shall comply with Title 11 of the Americans with Disabilities Act, (42 U.S.C. §12101, et. seq.) as it relates to public accommodations. 10. Notice. Any notice, demand, request, consent; approval, or communication 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 United States Postal Service, pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To PS Resorts: PS Resorts, President Chamber of Commerce Offices 190 W Amado Rd Palm Springs, CA 92262 11. Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by the mutual consent of the parties by an instrument in writing. 12. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 13. Severability. 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 hereunder. 14. Audits. PS Resorts shall prepare and maintain adequate records of its. performance under this agreement.in sufficient detail to permit an evaluation of PS Resorts' use of funds for the uses and purposes as generally provided in this Agreement. In this regard, PS Resorts' books and financial records shall be made available to the City Manager or the City Manager's designee for inspection at the City Manager's request. 15.' Termination. Except as otherwise expressly provided in this Agreement the City and PS Resorts each reserves the right to terminate this Agreement at any time, without cause, upon ninety (90) days written notice to the other party, but shall not 4 be terminated by the City prior to June 30, 2012. In the event the Agreement is terminated without cause, PS Resorts will retain any funds paid to PS Resorts under this Agreement and PS Resorts will expend such funds only in the manner and for the purposes provided in this Agreement. 16. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. SIGNATURES ON FOLLOWING PAGE s IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. APPROVED BY CITY COIUUI'ICIL City of Palm Springs —(�bi��, Date: By: David H. Ready, Es City Manager ATTEST: APPROVED S TO FORM: B By: James Thompson -bouglai C. Holland City Clerk City Attorney;^ Palm Springs P Resorts Date: c7 . By . Afta rD a Its: Preside t Dater c�j �I 2 Ti Ilis Its: Vice President 6 PSRESOR-01 M PANNING lODNY CERTIFICATE OF LIABILITY INSURANCE DA6119/2023m 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 License::0603247 CpNTACT NAME: _ George Petersen Insurance Agency, Inc. P.O. Box 3539 inlc°, No, Ext): (707) 525�150 FAX NR):(707) 525.4175 Santa Rosa, CA 95402 A DDRIESS:MAIL info@gpine.com INSURED PS Resorts P. O. Box 4607 Palm Springs, CA 92263 INSURERB)_AFFORDING COVERAGE_ NAIC INSURER A: Great American Insurance C_o_mpany 16691 - INSURER B: INSURER C : INSURER D : INSURER E : CnVFRAGF-R CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRNSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY E%P LIMITSA X COMMERCIAL GENERAL W9LIT' EACH OCCURRENCE S 1'000'006 CIAIMSMADE X OCCUR X GLP445835402 711212023 711212024 _ DAMAGET RENT sore) S 100,000 5,000 MED EXP (My arse person) _ $ 1.000,000 PERSONAL S ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f X POLICY PROJEC LOC PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accicent). _ _— _ S ANY AUTO BODILY INJURY (Pxpxealifl— S _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BOODILY INJURY�9UitlIeril S_ _ AUTOS ONLY AUTOB ONLY l�e�apcoidDAMAGE S UMBRELLA UPS OCCUR EACH OCCURRENCE EXCESS LU\B CLAIMS -MADE AGGREGATE DED RETENTIONS WORKERS COMPENSATION PER OTH. STATUTE. AND EMPLOYERS' LIABILITY YIN -ER_._ ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT S QQFFFICERIMEMWBEp EXCLUDED'/ N I A ryanrW°r1"^NHI EL DISEASE - EA EMPLOYEE s N yes describe urMer DESCRIPTION OF OPERATIONS bellow E L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more space is required) RE: Work performed by the named Insured on behalf of the Certificate Holder The City of Palm Springs is named as Additional Insureds in respects to General Liability per CG 82 24 (Ed. 12-01) attached. RECEIVED JON 2 6 2023 City Hell The City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE " . "^?� ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J I VU/ IL/LVLJ VLr ?TJV JJ7 VL VI\Lill IIIVILI\I I,I\IV IIVJVI\fIIYVL VVIYII /lIV I *D/B* 486167123 178209 CG 82 24 (Ed. 12 01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following provision is added to SECTION II - WHO IS AN INSURED 5. AUTOMATIC ADDITIONAL INSURED(S) a. Additional Insured - Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or or- ganization (hereinafter called Ad- ditional Insured) from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this policy under: (a) a written contract, or (b) an oral agreement or con- tract where a Certificate of Insurance showing that per- son or organization as an Additional Insured has been issued, but the written or oral contract or agreement must be an "insured contract," and, (i) currently in effect or be- come effective during the term of this policy, and (ii) executed prior to the "bodily injury," "property damage," 11personal and advertising in- jury." (2) With respect to the insurance af- forded the Additional Insured identified in Paragraph A.(1) of this endorsement, the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance or use of that portion of the premises leased to you. (b) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the cov- erages or Limits of Insurance in this Coverage Form be in- creased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional In- sured whether the other in- surance is primary, excess, contingent or on any other Includes copyrighted material of Insurance Service Office, Inc., with its permission. (`(] Al ')A IrA 19M1\ Yc /D�n- 1 of AN JI VVI ILILVLJ VLr 'YfJVJJ'\ VL 1 /11YILi\I V/\I'I IIYJVI\I'11\VL VVIYIr P11Y1 'D/B' 486167123 178209 basis unless a written con- tomarily provided by the tractual arrangement specifi- policy forms specified in and cally requires this insurance required by the contract. to be primary. (3) This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the "Additional Insured." b. Additional Insured - Funding Sources (1) This policy is amended to include as an Insured any Funding Source which requires you in a written contract to name the Funding Source (hereinafter called Addi- tional Insured) as an Insured but only with respect to liability aris- ing out of your premises, "your work" for such Additional Insured, or acts or omissions of such Ad- ditional Insured in connection with the general supervision of "your work" and only to the extent set forth as follows: (a) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (b) The coverage provided to the Additional Insured(s) is not greater than that cus- (c) In no event shall the cov- erages of Limits of Insurance in this Coverage Form be in- creased by such contract. c. Additional Insured - Contractual Obligations (1) This policy is amended to include as an Insured any person or or- ganization (hereinafter called Ad- ditional Insured) that you are re- quired by a written "insured con- tract" to include as an Insured, subject to all of the following provisions: (a) Coverage is limited to liability arising out of: (1) your ongoing oper- ations performed for such Additional Insured; or (ii) that Insured's financial control of you; or (iii) the maintenance, opera- tion or use by you of equipment leased to you by such Additional Insured; or (iv) a state or political sub- division permit issued to you. (b) Coverage does not apply to any "occurrence" or offense: (i) which took place be- fore the execution of, or subsequent to the completion or expira- tion of, the written "in- sured contract". or (ii) which takes place after you cease to be a ten- ant in that premises. Includes copyrighted material of Insurance Service Office, Inc., with its permission. rr- A9 I MA 19HF11 YC /Dann 9 ni Al JI VW IL/LVLJ VLr' T7JUJJY VL VI\L/11 /11VI L1\I \'l\IY 11YVVI\l11\liL li IvtrmlY 1 'D/B' 486167123 178209 (c) With respect to architects, engineers, or surveyors, coverage does not apply to "Bodily Injury," "Property Damage," "Personal and Ad- vertising Injury" arising out of the rendering or the fail- ure to render any profes- sional services by or for you including: (i) the preparing, approv- ing, or failing to pre- pare or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications; and (Ii) supervisory, inspection, or engineering services. If an Additional Insured endorsement is at- tached to this policy and specifically names a person or organization as an Insured, then the coverage in Section II - WHO IS AN INSURED 5. Automatic Additional Insured(s) does not apply to that person or organization. 2. BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 8. is replaced with 8. Transfer of Rights of Recovery Against Others to us and Blanket Waiver of Subrogation a. If an Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured con- tract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard." 3. NON -OWNED OR CHARTERED WATER- CRAFT Section I - Coverages, Coverage A, Item 2.g.(2) is replaced with: (2) A watercraft you do not own that is (a) less than 51 feet long, and (b) not being used to carry persons or property for a charge 4. BROADENED PERSONAL AND ADVERTISING INJURY Unless "Personal and Advertising Injury" is ex- cluded from this policy: SECTION V - DEFINITIONS Item 14. is re- placed by: 14. "Personal and Advertising Injury" means injury, including consequential "bodily in- jury," arising out of one or more of the following offenses: a. false arrest, detention or imprison- ment; b. malicious prosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. oral, written, televised, videotaped, or electronic publication of material, in any manner, that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e. oral, written, televised, videotaped, or electronic publication of material, in any manner, that violates a person's right of privacy; or Includes copyrighted material of Insurance Service Office, Inc., with its permission. rra R9 9A MA 19rn11 YC 10.n. 4 of Al PSRESOR-01 T AC RO o' CERTIFICATE OF LIABILITY INSURANCE DM*( /2024 Y) 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER "uwllsw' oo""`' r 'oeor a Petersen Insurance Agency, Inc. 3.0, Box 3539 Santa Rosa, CA 95402 INSURED RECEIVE® at): (707) 525-4150 1, info@gpins.com FAX , Ne):(707) 5254175 INSURER(S) AFFORDING COVERAGE INSSUURERB:GreatAmerican Insurance Company JUL 2 2 2024 PS Resorts OFFICE OF THE CITY INSURERC: P. O. Box 4607 CLERK INSURER D: Palm Springs, CA 92263 INSURER E rcaar¢Ir. Are AUTAecEF! RFVISInN NIIMRFR- 16691 v 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 BEEN REDUCED BY _PAID CLAIMS. -RAVE_ INSRITR ADOL SUER' POLICY EFF POLICY E%P TYPE OF INSURANCE POUCYNUMBER M LIMITS A, X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E 1,000,000 CLAIMS -MADE X OCCUR X GLP445835403 7/1212024 7/12/2025 DAMAGE TO RENTED _. 100,000 PREMISES (Ea occurrence)_. S _ 5,000 MED EXP (Any one person)E 1'000'000 PERSONAL S ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER. _ GENERAL AGGREGATE S _ X POLICY JEC; LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ _ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea ec44eML__ _ $ ANY AUTO BODILY INJURY (Per person) _ S _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BOODILY INJURY (Per accident) $ AUTOS ARTO� ROarEERIde tj AMAGE $ ONLY ONL� UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ V/ORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N _ PROPRIETTgOEERIPARTNERIEXEWTIVE E.L. EACH ACCIDENT $ _ AAoNY EXCLUDEDV NIA 1 .FICE oryin%XR E.L. DISEASE -EA EMPLOYEE $ 0 yes, describe under DESCRIPTION OF OPERATIONS bekm E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space is reRumucl) RE: Work performed by the named Insured on behalf of the Certificate Holder The City of Palm Springs is named as Additional Insureds in respects to General Liability per CG 82 24 (Ed. 12-01) attached. The City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORVEO \R PREPPRES�ENTATIVE ACORD 2512016103) U 1988-ZU15 ACUKU GUKVUKA I IUIN. All ngnts reserveo. The ACORD name and logo are registered marks of ACORD J 1 uuluul4uGY ULr tIouooY VJ lJl\L/11 IIIVI LI\I VfMY f\V JUI\IIIVVL VVlvlr- lm 1 I _ I 'D/B' 486167123 178209 CG 82 24 (Ed. 12 01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following provision is added to SECTION II - WHO IS AN INSURED S. AUTOMATIC ADDITIONAL INSURED(S) a. Additional Insured - Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or or- ganization (hereinafter called Ad- ditional Insured) from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this policy under: (a) a written contract; or (b) an oral agreement or con- tract where a Certificate of Insurance showing that per- son or organization as an Additional Insured has been issued; but the written or oral contract or agreement must be an "insured contract," and, (i) currently in effect or be- come effective during the term of this policy; and (ii) executed prior to the "bodily injury," "property damage," "personal and advertising in- jury." (2) With respect to the insurance af- forded the Additional Insured identified in Paragraph A.(1) of this endorsement, the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance or use of that portion of the premises leased to you. (b) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the cov- erages or Limits of Insurance in this Coverage Form be in- creased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional In- sured whether the other in- surance is primary, excess, contingent or on any other Includes copyrighted material of Insurance Service Office, Inc., with its permission. rrrr Al 9d iF,A 19/M\ Yc /D.n. a ..f n% JI UU/VUILVLY IJLr YYJUJJY UJ VI\LAI IIVILI\IVl11V ltJJVI\IVVVL VVIVIrfVVI I _ 5 `D/B' 486167123 178209 basis unless a written con- tomarily provided by the tractual arrangement specifi- policy forms specified in and cally requires this insurance required by the contract. to be primary. (3) This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the "Additional Insured." b. Additional Insured - Funding Sources (1) This policy is amended to include as an Insured any Funding Source which requires you in a written contract to name the Funding Source (hereinafter called Addi- tional Insured) as an Insured but only with respect to liability aris- ing out of your premises, —"your _ work" for such Additional Insured, or acts or omissions of such Ad- ditional Insured in connection with the general supervision of "your work" and only to the extent set forth as follows: (a) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified in the written con- tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the Declarations. (b) The coverage provided to the Additional Insured(s) is not greater than that cus- (c) In no event shall the cov- erages of Limits of Insurance in this Coverage Form be in- creased by such contract. c. Additional Insured - Contractual Obligations (1) This policy is amended to include as an Insured any person or or- ganization (hereinafter called Ad- ditional Insured) that you are re- quired by a written "insured con- tract" to include as an Insured, subject to all of the following provisions: (a) Coverage is limited to liability arising out of: (t) your ongoing oper- ations performed for such Additional Insured; or (it) that Insured's financial control of you; or (III) the maintenance, opera- tion or use by you of equipment leased to you by such Additional Insured; or (iv) a state or political sub- division permit issued to you. (b) Coverage does not apply to any "occurrence" or offense: (i) which took place be- fore the execution of, or subsequent to the completion or expira- tion of, the written "in- sured contract", or (ii) which takes place after you cease to be a ten- ant in that premises. Includes copyrighted material of Insurance Service Office, Inc., with its permission. rvr n9 oe rF,A 1')1n11 vc M.., 9 . f e% V I VVIVVIGVLY VLI YYJUJJY VJ VI\Lftl /'IIVILI \I VIIIV 11JJVIV\IYVL I VIvlr"M I `D/B' 486167123 178209 (c) With respect to architects, engineers, or surveyors, coverage does not apply to "Bodily Injury," "Property Damage," "Personal and Ad- vertising Injury" arising out of the rendering or the fail- ure to render any profes- sional services by or for you including: (i) the preparing, approv- ing, or failing to pre- pare or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications; and (ii) supervisory, inspection, or engineering services. If an Additional Insured endorsement is at- tached to this policy and specifically names a person or organization as an Insured, then the coverage in Section II - WHO IS AN INSURED 5. Automatic Additional Insured(s) does not apply to that person or organization. 2. BLANKET —WAIVER OF -SUBROGATION - SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 8. is replaced with: S. Transfer of Rights of Recovery Against Others to us and Blanket Waiver of Subrogation a. If an Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written "insured con- tract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard." 3. NON -OWNED OR CHARTERED WATER- CRAFT Section I - Coverages, Coverage A, Item 2.g.(2) is replaced with: (2) A watercraft you do not own that is: (a) less than 51 feet long; and (b) not being used to carry persons or property for a charge. 4. BROADENED PERSONAL AND ADVERTISING INJURY Unless "Personal and Advertising Injury" is ex- cluded from this policy: SECTION V - DEFINITIONS Item 14. is re- placed by: 14. "Personal and Advertising Injury" means injury, including consequential "bodily in- jury," arising -out of one --or more of the - following offenses: a. false arrest, detention or imprison- ment; b. malicious prosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. oral, written, televised, videotaped, or electronic publication of material, in any manner, that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e. oral, written, televised, videotaped, or electronic publication of material, in any manner, that violates a person's right of privacy; or Includes copyrighted material of Insurance Service Office, Inc., with its permission. r`r AO OA IPA i9rM\ Yc roan. 4 of AN JI UU, UUI LULY VLr YTJUJJY UJ 1J1\L/-11 f IVILl\Il M,l f1VV VIVIIYVL VVIVIr IVY 1 I 'D/B' 486167123 178209 f. mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items 14.a. through 14.e. g. the use of another's advertising idea in your "advertisement"; or h. infringing upon another's copyright, trade dress or slogan in your "adver- tisement." 5. MENTAL INJURY, MENTAL ANGUISH, HUMILIATION, OR SHOCK INCLUDED IN BODILY INJURY DEFINITION Section V - Definitions, Item 3. is replaced with: 3. "Bodily injury" means physical injury, sick- ness, or disease, including death of a per- son. "Bodily injury" also means mental in- jury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. Subject to 5. above, the Damage to Prem- ises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to your building, or to personal property of others in your care, custody and control while at premises rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. The Damage to Premises Rented To You Limit is replaced by the following Damage to Premises Rented To You Limit. The Damage to Premises Rented To You Limit is the greater of: (1) $300,000; or (2) the amount shown in the Declarations for Damage to Premises Rented to You Limit. B. This provision is subject to all the terms of SECTION III - LIMITS OF INSURANCE. 6. MEDICAL PAYMENTS C. This provision 5. does not apply if Damage A. The Medical Expense Limit in Paragraph 7. to Premises Rent to You Liability of COV- ERAGEof SECTION III - LIMITS OF INSURANCE bytheA (SECTION provisions of the Coverage Part or is excluded either _ _is replaced -by- the following -Medical Ex _ by the by endorsement'— — pense Limit. The Medical Expense Limit provided by 8. SUPPLEMENTARY PAYMENTS this policy shall be the greater of: A. In the SUPPLEMENTARY PAYMENTS - a. $10,000; or COVERAGES A and B provision, Item 1.b., and 1.d are replaced with: b. The amount shown in the Declarations for Medical Expense Limit. B. This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. C. This provision 7. does not apply if COVERAGE C. MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 7. DAMAGE TO PREMISES RENTED TO YOU LIMIT A. SECTION III - LIMITS OF INSURANCE, Item 6. is replaced with: 1.b. Up to $500 for cost of bail bonds required because of accidents or traf- fic law violations arising out of the use of any vehicle to which the Bodily In- jury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off work. This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Service Office, Inc., with its permission. rvn no 9n Ica 4ornl\ Yc rD�,o a �r e\ `JI VV/IL/LVLJ VLI YYJVJJY VL VI\L/ll ll1VIL1\I lrlllY IIYJVI\/llYliL VVIYII /'\IV 1 `D/B" 486167123 178209 f. mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items 14.a. through 14.e. g. the use of another's advertising idea in your "advertisement" or h. infringing upon another's copyright, trade dress or slogan in your "adver- tisement." 5. MENTAL INJURY, MENTAL ANGUISH, HUMILIATION, OR SHOCK INCLUDED IN BODILY INJURY DEFINITION Section V - Definitions, Item 3. is replaced with: 3. "Bodily injury" means physical injury, sick- ness, or disease, including death of a per- son. "Bodily injury" also means mental in- jury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. 6. MEDICAL PAYMENTS A. The Medical Expense Limit in Paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical Ex- pense Limit. The Medical Expense Limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. B. This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. C. This provision 7. does not apply if COVERAGE C. MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement. 7. DAMAGE TO PREMISES RENTED TO YOU LIMIT A. SECTION III - LIMITS OF INSURANCE, Item 6. is replaced with: Subject to 5. above, the Damage to Prem- ises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to your building, or to personal property of others in your care, custody and control while at premises rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. The Damage to Premises Rented To You Limit is replaced by the following Damage to Premises Rented To You Limit. The Damage to Premises Rented To You Limit is the greater of: (1) $300,000; or (2) the amount shown in the Declarations for Damage to Premises Rented to You Limit. B. This provision is subject to all the terms of SECTION III - LIMITS OF INSURANCE. C. This provision 5. does not apply if Damage to Premises Rent to You Liability of COV- ERAGE A (SECTION 1) is excluded either by the provisions of the Coverage Part or by endorsement. 8. SUPPLEMENTARY PAYMENTS A. In the SUPPLEMENTARY PAYMENTS - COVERAGES A and B provision, Item 1.b., and 1.d are replaced with: 1.b. Up to $500 for cost of bail bonds required because of accidents or traf- fic law violations arising out of the use of any vehicle to which the Bodily In- jury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off work. This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Service Office, Inc., with its permission. r`r A9 9A IrA 19M11 Yc /Da,. A of AN