HomeMy WebLinkAboutA8481 - HISTORIC RESOURCES GROUP CONSULTING SERVICES AGREEMENT
Historic Resources Report Update on the Palm Springs Racquet Club
Historic Resources.Group
AGEIVIENT FO� . «
THIS R CONSULTING. SERVICES. ( Agreement") is. made.and
entered into on: �cJ 20 ,Q b and between the City of Palm Springs, a California
- Y
charter city and municipal corporation ("City"), and-Historic:Resources Group, an architectural
Historian firm, ("Consultant"). City and Consultant are individually referred to as "Party" and are.
collectively referred to as the "Part_ies".
RECITALS
A. City requires the services of an architectural historian,firm for a limited;update
Historic Resources Report on the Palm Springs Racquet Club, ("Project").
B. ..- Consultant has submitted to City a proposal to provide professional services,to City
under the terms of this Agreement.
C. Based on its experience, education,training,and:reputation, Consultant is qualified.
and desires.to:provide the necessary services to City-for the Project.
D. City desires to retain the services of Consultant for the Project.
Inconsideration of these promises and mutual;agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT:SERVICES
1.1 Scope of Services. -In compliance with all terms and conditions of this Agreement,
Consultant:shall provide professional architectural 'services to City as.described in the Scope of
Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the
"services" or,-"work"). Exhibit "A includes the agreed upon schedule-of performance and the
schedule of fees: Consultant warrants that all services and work shall be:performed in a competent,
professional, and satisfactory manner consistent with prevailing industry standards. 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. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all.lawful
orders, rules,;and regulations.
1.3 Licenses and Permits. Consultant shall-obtain at,its.sole cost and expense such
licenses, permits, and approvals as may be required.bylaw for the performance of the services
required by this Agreement.
Revised:1/31/181
720599.1
1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant.is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently.the work of this
Agreement according to the agreed upon schedule of performance:set forth in Exhibit -"A."
Consultant:shall.not be accountable for delays in the:progress of its work:caused by any:condition
beyond its control and:without the fault or negligence of Consultant. Delays: shall not entitle
Consultant to any additional compensation regardless.of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3A Compensation of. Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in.aceordance with:the schedule of fees set forth in
Exhibit "A". The total amount of Compensation shall not exceed $6,500 ($6,250 plus up to $250
in reimbursable expenses as approved by the City).
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant 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. Pay* Y ments shall.be based on the hourly rates set.forth in Exhibit "A' for authorized, .
services performed. City shall pay Consultant for all expenses stated in the:invoice that are
approved by;City and consistent with this Agreement,- within thirty.:(30) days of.receipt of
Consultant's invoice.
3.3 Changes::.In. the event.any change or changes in the Scope of Services/Work 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 Consultant'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.
4. PERFORMANCE-SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement..
Revised:1/31/182
720599.1
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.
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 Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of.any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather.
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 six (6) months,
commencing on March 1, 2020, and ending on September 30, 2020, 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 Consultant. Where
termination is due to the fault of Consultant 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, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant 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. Consultant may
terminate this Agreement, with or without cause,upon thirty(30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Courtney Mooney,
AICP),Senior Historic Preservation Planner/ Architectural Historian. 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
Consultant and devoting sufficient time to personally supervise the services under this
Agreement. The foregoing principal may not be changed by Consultant without prior written
approval of the Contract Officer.
3 Revised:1/31/18
720599.1
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge,education,capability,.and reputation of Consultant;its principals and employees,were
a substantial :inducement for City to enter into this;Agreement. Therefore, Consultant shall not
contract with any other individual or entityto 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.
5.4 ::Independent Consultant. Neither City nor any of its employees shall.have any
control over the manner, mode, or means by which Consultant, its agents or employees; perform
the services required, except as otherwise specified. Consultant shall perform all required services
as an independent Consultantof City and shall.not bean employee of City and shall remain at all
times as to City a wholly independent Consultant with only such obligations as are consistent with
that: role; however, City shall have the,.right to review Consultant's work product, result, and
advice. Consultant 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.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services in this Agreement: Consultant shall not alter the assignment of the following personnel
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 Consultant
by providing written notice to Consultant.
Name: . Title:
Christine Lazzaretto
John LoCascio .
Robby Aranguren
Molly Iker-Johnson
6. INSURANCE
Consultant 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, Consultant shall
defend (at Consultant'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
Revised:1/31/184
720599.1
including legal costs and attorney fees (collectively"Claims"),. including but not limited to Claims
arising from injuries to or death of persons (Consultant's employees.included), for damage to
property, including property owned by City, from any violation of any federal, state, or local law
or-ordinance, and from errors and omissions committed by :Consultant, its officers, employees,
representatives, .and agents,. that..arise out of .or .relate to Consultant's..performance under this-
Agreement. This indemnification clause excludes: Claims arising from the sole negligence or
willful misconduct of the.City, its elected officials, officers; employees; agents,. and volunteers.
Under no circumstances;shall the insurance.requirements and limits set forth in this Agreement be
construed to.limit Consultant's.indemnification obligation or other liability under this Agreement.
Consultant'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. This provision is:intended for the benefit of third party:Indemnified Parties not
otherwise a party to this Agreement.:
7.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement! and:Consultant is a
"design professional".'Under California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its:elected officials,
officers, employees,agents.and volunteers and-all other public agencies.whose approval of the
project is required, (individually:"Indemnified Party"; collectively "Indemnified Parties") against
any:and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries.or.
death of persons (Consultant's employees included) and damage to property, which Claims arise
.out of,pertain to, or are related to the negligence,recklessness or willful misconduct.of Consultant,
its agents, employees, or.subConsultants, or arise from Consultant's negligent, reckless or willful
performance of or failure to perform any term,provision, covenant or condition of this Agreement
("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the
extent such Claims arise from the negligence, recklessness-or:willful misconduct of the City and
its elected officials, officers, employees, agents.and volunteers.
B. The Consultant shall require all non-design-professional sub-Consultants,
used 'or sub-contracted,:.by Consultant to perform the Services- or Work required under this
Agreement,.to-execute an Indemnification Agreement adopting the indemnity provisions.in-sub-
section 7.1-in favor of the Indemnified Parties. In addition,Consultant shall require all non-design-
professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or
Work required-under this Agreement, to obtain insurance that is consistent with the Insurance
provisions•as'set forth in this Agreement, as well as any other insurance that may be required by
Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. .Consultant 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.
Revised:1/31/185
720599.1
8.2 Records. Consultant shall.keep complete, accurate, and detailed,accounts of all
time, costs,expenses, and expenditures pertaining in any way to this Agreement. Consultant 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 Consultant in the performance of this Agreement shall
be the property of City. Consultant shall deliver all above-referenced documents to City upon
request of the Contract Officer or upon the-termination of this Agreement. Consultant 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. Consultant may retain copies of such
documents for Consultant's own use. Consultant shall have an unrestricted.right to use the
concepts embodied in such documents.
8.4 Release of.Documents. All.drawings, specifications, reports, records, documents,
and other materials prepared by Consultant in the performance of services under this Agreement
shall not be released'publicly without the prior written approval of the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee.
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years.from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
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 Consultant 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
Revised:1/31/186
720599.1
approval of any subsequent act of Consultant. 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 hy.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
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.
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 Consultant, 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 Consultant or its successor, or
for breach of.any obligation of the terms of.this Agreement. .
10.2 Conflict of Interest. Consultant acknowledges that no:officer or employee of the
City.has or shall have any direct or indirect financial interest in this Agreement nor.shall Consultant.. ..
enter into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Consultant warrants that Consultant 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; Consultant 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"). Consultant 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, Consultant:certifies that its actions and omissions:hereunder shall not incorporate any
discrimination arising from or related to.any prohibited basis in.any Consultant 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 Consultant 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
Revised:1/31/187
720599.1
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either parry 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 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 Consultant: Andrea Humberger,
Historic Resources Group
Business Operations Principal
12 S Fair Oaks Avenue, Suite 200
Pasadena, CA 91105-3816
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement 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.
8 Revised:1/31/18
720599.1
11.8 Authoritv. 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.
IN WITNESS WHEREOF., the Parties have_executed this Agreement as of the dates stated
below. ..
CITY99
City of Palm Springs
Date: By:: .
David H-. Ready, PhD
City Manager.'
APPROVED AS TO FORM: : ATTEST14
By: By:
thon i
Je£rey a roger; Me... y �
City Attorney : City Clerk
"CONSULTANT"
Historic Resources Group
Date:
B y .
Andrea Humberger,.
Business Operations Principal
rint N e)
Date:
"a hristme L zaretto, aging PrincipalAPPR
.
_ ;
(Print Name)
Revised:1/31/189
720599.1
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Revised:1/31/1810-
720599.f
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including;
Schedule.ofFees
And
Schedule of Performance
Revised:1/31/181 1..
720599.1
Client: City of Palm Springs
Dept. of Planning Services
3200 Tahquitz Canyon Way
Palm Springs, CA 92263
Attn: Ken Lyon, RA
Ken.Lyon@palmsprings-ca.gov
760.323.8245
Dear Mr. Lyon:
Thank you for the opportunity to provide a Historic Resource Report Update for The Palm Springs
Racquet Club at 2743 North Indian Canyon Drive in Palm Springs.
SCOPE OF WORK:
Historic Resources Group, LLC ("Consultant") shall provide historic preservation consulting services
for the above-referenced project as requested by the City of Palm Springs ("Client"). Please see
Exhibit A for specific tasks.
SCHEDULE FOR COMPLETION:
Consultant will endeavor to conform to the Client's schedule when it is known and when reasonable
notice and period to complete is provided.Consultant estimates project completion within six weeks
upon receiving Notice-to-Proceed. Review of available documentation, research, and the site visit
would be conducted in weeks 1-2; followed by additional research as needed (particularly if there
is limited access to the site) and preparing the Screencheck Draft in weeks 3-6.
TERMS OF COMPENSATION:
Historic preservation consulting services will be billed according to Exhibit A up to a total not-to-
exceed amount of $6,250 (including an hourly allowance for consultation with staff, if needed).
Consultant will neither incur nor bill services in excess of this amount without the prior approval of
Client. Reimbursable expenses, such as mileage, parking, overnight delivery,
reproduction/photographic supplies and processing, etc., shall be billed in addition to services, at
cost, up to$250.
SERVICES AGREEMENT
The Palm Springs Racquet Club
Historic Resource Report Update #19-0251
December 23, 2o1g
HISTORIC RESOURCES GROUP
12 S.Fair Oaks Avenue,Suite 200,Pasadena,CA 91105-3816
Telephone 626 793 2400 Facsimile 626 793 2401
www.historicresourcesgroup.com
Consultant shall be paid for services rendered and customary and/or agreed upon reimbursable
expenses incurred in the performance of the work. Payment shall be considered late if not received
within 30 days of the date on the invoice.
HOURLY RATE SCHEDULE:
Managing Principal $225
Principal Architect $250
Principal $200
Senior Architectural Historian/Preservation Planner/Architect $150
Staff Photographer $100
Staff Architectural Historian/Preservation Planner/Architect $100
Associate Staff Architectural Historian/Preservation Planner/Architect/GIS Specialist $75
Clerical $60
We will proceed with the above scope of work upon approval of this agreement in writing by both
parties.
HISTORIC RESOURCES GROUP,LLC CITY OF PALM SPRINGS
Andrea Humberger Date Ken Lyon, RA Date
Business Operations Principal Associate Planner/Historic Preservation Officer
SERVICES AGREEMENT
The Palm Springs Racquet Club
Historic Resource Report Update #19-0251
December 23, 2 o1g
HISTORIC RESOURCES GROUP
12 S.Fair Oaks Avenue,Suite 200,Pasadena,CA 91105-3816
Telephone 626 793 240o Facsimile 626 793 2401
www.historicresourcesgroup.com
MANAGING PRINCIPAL SENIOR STAFF ASSOCIATE
PRINCIPAL STAFF STAFF
TASKOESCRIPTION $225 $200 $ISO $100 $75 HOnts Fees
1.0 AISIORIC RESOURCE REPORT UPDATE
1.1 Review existing evaluations and documentation,including 2004 report by John Ash Group. 4 4 $300
1.2 Conduct additional research as needed to complete the evaluation. 24 24 $1,800
1.3 Site visit to document existing conditions and identify alterations to the site since the 2004 report.It is understood 8 8 $600
that access may be limited;in which case,any information available from the public-right-of-way will be documented,
and additional research using aerial photographs and maps will be conducted.
1.4 Prepare focused historic assessment report/update to the 2004 report to support review of the property as a potential 4 2 24 30 $3,100
City of Palm Springs Class I Historic Site per Palm Springs Municipal Code Section 8.05.070.Deliverable:
Screencheck Draft for review by City staff.All deliverables to be submitted in the format required by the City in the
RFP.
1.5 Allowance for revisions to focused historic assessment report/update to the 2004 report per comments from City 2 8 10 $1,050
staff.Deliverable:Final Draft Report.
Subtotal ;S5:80o
..,, _.
2.0 CONSULTATION WITH CITY STAFF
2.2 Allowance for consultation with City staff,as requested.If needed;billed hourly. 2 2 $450
Subtotal'F
"
x "
REIMBURSABLE EXPENSES-Including,but not limited to mileage(IRS rate),parking,overnight delivery, $250
reproduction/photographic supplies and processing.Billed at cost
This proposal is valid for six months from the date below.
EXHIBIT A
The Palm Springs Racquet Club
Historic Resource Report Update#19-0251
December23, 2o1g
HISTORIC RESOURCES GROUP,UC
-
EXHIBIT `B"
INSURANCE PROVISIONS
.....
Including
Verification of:Coverage,.
-
Suffieieney of:Insurers;
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and:
Severability of Interests (Separation of Insureds)
Revised:1/31/1812..
720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against_
persons or damages to property resulting from Consultant's performance. under:this Agreement.:
Consultant 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.
Consultant shall .also :carry workers' compensation insurance in accordance with California:
workers' compensation laws. Such insurance shall be kept in full force and effect during the term
of this Agreement,including any extensions. Such insurance shall not be cancelable without thirty
(30) days advance written notice to City of any proposed.cancellation. . Certificates of insurance
evidencing the foregoing and designating the City,its elected officials,officers,employees,agents,
and volunteers as additional named insureds by original endorsement shall be delivered;-to and
approved by City prior to commencement of services. The procuring of such.insurance and the
delivery of policies, certificates, and endorsements evidencing:the same shall not be construed as
a limitation of.Consultant'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. Comprehensive general liability and personal injury with limits of at least
one million.dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,0.00) general aggregate;
2. Automobile:liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability(errors.and omissions) insurance with limits of at least
one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
required.
x . is not required;
4. Workers' :Compensation insurance in the statutory amount as required by
the State of California and.Employer'.s Liability Insurance with limits of at least one million dollars
$1 million per occurrence. If Consultant has no employees;Consultant shall complete the City's.
.Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement; Consultant'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 Consultant's insurance and shall not 'contribute with it., For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
Revised:1/31/1813
720599.1
contribution it may have against City; its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors:& Omissions:Insurance is required,.::
and if Consultant provides,claims made professional liability insurance,Consultant shall also agree
in writing either (1) to purchase tail insurance in.the amount required by this Agreement to cover
claims made within three:years of the completion of Consultant's services under-this Agreement,
or (2) to maintain professional liability, insurance coverage with the same:carrier in the amount
required by.this.Agreement for at:least three years after completion of Consultant's services under
this Agreement.. Consultant shall also be required to:provide evidence to City of the purchase of
the required tail insurance or continuation of the professional liability policy. .
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. Consultant shall furnish City with both certificates of
insurance and :endorsements, including additional insured endorsements, effecting 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
Consultant'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 maybe 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:
1. "The City of Palm Springs; its officials, employees, and agents are. named as an
additional insured..." ("as respects City of Palm Springs Contract No. or 'for any and all
work performed with the.City"may be included in this statement).
2. "This insurance is- primary and non-contributory over. .any insurance or.self- ,
insurance the City may have..." ("as respects City of Palm Springs Contract No. or for any
and all work performed with the City" may be included in this statement).,
3. "Should any of the,above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice:to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company,its agents or representative" is not acceptable
and must be crossed out.
Revised:1/31/1814
720599.1
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in'favor of City, its elected officials, officers, employees,
agents, and volunteers.
1
In addition..to the endorsements listed above, the City of Palm Springs shall be. named the
certificate holder on the policies. . .
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 .
Consultant'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):Consultant 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. Consultant.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.
Revised:1/31/1815 -
720599.i