HomeMy WebLinkAboutA6909 - AVIATION EXPO LLC 2016 FLYING AVIATION EXPO 04
INTERNATIONAL AIRPORT
AUTHORIZED USER AGREEMENT
Date: August 2,2016 Contract No.:
Group Name: Aviation Expo LLC Event Type: Trade Show
Contact Person: Vivienne Herold Contracted Start Date: October 18, 2016
Address: 17862 Georgetown Lane Contracted End Date: October 23,2016
City,State,Zip: Huntington Beach CA 92647
Phone No:
Fax No:
Email: vherdd(a)dubdove mrrr
Meeting/Event Name:2016 FLYING AVIATION EXPO Attendance: 5000
This Authorized User Agreement (the "Agreement") is made between the City of Palm Springs, a California charter city and
municipal corporation ("City"), represented by the Executive Airport Director ("MANAGER") of Palm Springs International
Airport(PSP),and Lift Event Management("AUTHORIZED USER"/"CONTRACTOR"),
WITNESSETH,
WHEREAS, MANAGER directs the Palm Springs International Airport ("PSP") for the City of Palm Springs, CA ("CITY"), and
has the authority to enter into this Agreement and, among other things, grant AUTHORIZED USER the right to use PSP from
contracted start date until contracted end date as stated above, the duration of such being referred to as the "Event", in
accordance with the terms and conditions set forth below.
WHEREAS,AUTHORIZED USER desires to use certain space at PSP.
NOW THEREFORE, and in consideration of the fallowing promises, covenants, and conditions, the parties hereto agree as
follows:
1) Facility Rental Charges:
As outlined in Exhibit A, MANAGER does hereby grant to AUTHORIZED USER permission to use the listed specified area(s)
including corridors and public areas used for the purpose of ingress and egress to specified area(s),for the outlined use and no
other purpose, and for the outlined fee:
Hangar Rental ($500 day)6 day estimate $3,000.00
Public Parking area ($200 daily x 3) $ 600.00
FACILITY RENTAL $ 3,600.00
Facility Rental is for the use of Premises only and does not include charges for equipment or services unless otherwise
indicated.
2) Estimated Services and Eguioment Charges:
a) Use of services based upon the hourly rate for staff; equipment such as barricades, temporary fence panels, tables, staging,
etc., is at the option and additional expense of AUTHORIZED USER. As outlined in Exhibit B, MANAGER does hereby grant
to AUTHORIZED USER permission to use the listed specified equipment,and for the outlined fee:
ESTIMATED SERVICES & EQUIPMENT $ 2,500.00
b) Equipment is limited to MANAGER's available inventory. Should additional equipment be required, all associated expense will
be the responsibility of AUTHORIZED USER.AUTHORIZED USER may utilize outside providers to fulfill its equipment needs.
ORIGINAL BID
AND/OR AGREEMENT
c) The Airport will coordinate the safe, secure and efficient operation of the event with appropriate oversight,to be billed at rates as
outlined in Exhibit B. The estimated services and equipment charges are based upon MANAGER's understanding of
AUTHORIZED USER's current program requirements.
3) Invoice:
The City will provide an invoice for the total cost of the event within 10 days. The invoice will be delivered to the Authorized
User.
4) Payment Requirements:
a) All payments by AUTHORIZED USER are to be made payable to the City of Palm Springs.
b) A service charge of$25.00 will be imposed on any checks returned for non-sufficient or uncollectible funds.
c) In the event full payment for charges owed is not received within 30 days of the date of invoice MANAGER may immediately
impose a late payment charge of 1.5% per month (18% annually) on the unpaid balance, and recover all reasonable costs of
collection.
5) Set Up Requirements:
a) A layout detailing specific requirements must be received by MANAGER at least thirty (30) days prior to the Event. The layout
must indicate any other requests AUTHORIZED USER may have. If AUTHORIZED USER requests changes to layout after
MANAGER has completed set-up of the affected layout, AUTHORIZED USER will be subject to all labor charges associated
with making requested change(s).
b) Equipment prices apply only to items available in PSP inventory. Any equipment needs beyond PSP available inventory will be
billed in accordance with rates available from outside rental agencies. AUTHORIZED USER has the option to utilize outside
providers to fulfill its equipment needs.
c) PSP is a no smoking facility by order of the CITY.
d) MANAGER shall not be liable for any damages to any property of AUTHORIZED USER, however caused, nor for any loss of
property from or on PSP premises, however occurring.
e) Any unpermitted cancellation by AUTHORIZED USER or failure to occupy PSP premises as indicated above will result in
forfeiture of deposit(s) paid in accordance with paragraph 3 above and AUTHORIZED USER will be responsible for any further
financial obligations mandated by and in accordance with the terms of this agreement.
6) Insurance:
a) General Liability: Required coverage is $2,000,000 per each occurrence. Please provide a current certificate with an
endorsement page for Additional Insured AND primary and non-contributory language.
b) Automobile Liability: Required coverage is $1,000,000 minimum combined single limit. Please provide a current certificate
with an endorsement page for Additional Insured AND primary and non-contributory language.
c) Workers Compensation: Required coverage is $1,000,000 minimum each accident. Please provide a current certificate with
a waiver of subrogation endorsement page.
d) The endorsements and waiver of subrogation must be on separate forms. A statement on the certificate is insufficient.
Additional Insured should read as follows: "The City of Palm Springs, its officials, employees and agents:'Furthermore, we need
language stating: "Should any of the policies be cancelled before the expiration date thereof, the issuing company will overnight
mail written notice to the certificate holder named." Contractor agrees that subcontractors, and any other parties involved with
the Project will be listed on policies as additional insured.
7) Other Insurance Requirements:
The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
a) For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its
officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City
and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and
shall not contribute with it.
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b) Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to City and its officers, council members,officials,employees, agents, and volunteers.
c) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to
each insured, including additional insured's, against whom a claim is made or suit is brought to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of
such insurance coverage.
d) No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in
this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
e) Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure
of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being
required)to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is
Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
f) Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or
involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees
to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the Project will be submitted to the City for review.
g) Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any
rights in this or any other regard.
h) Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement,
have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new
coverage shall be provided to City no later than thirty(30)days prior to the scheduled event.
i) Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on
coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
j) The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other
section or provision conflicts with or impair the provisions of this section.
k) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed
under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty)to monitor the handling of
any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential
claims.
1) Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the
Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
Certificate of Insurance must be received on or before September 19, 2016.
8) Indemnification:
AUTHORIZED USER shall conduct its activities upon the premises so as not to endanger any person lawfully thereon and
agrees to indemnify, defend, and hold harmless the CITY, MANAGER, and/or their respective officers, employees, agents,
representatives, and contractors from any and all claims, demands, loss, liability, cost or expense of any nature whatsoever,
including, but not limited to, any damage to the PSP facility or premises resulting from its use or occupancy thereof, or from
persons participating with or attending the function contemplated by this Agreement(collectively"claims or liabilities'), excluding
such claims or liabilities solely caused by the negligence or willful misconduct of the CITY, MANAGER, and/or their respective
officers,employees, agents, representatives, and contractors.
AUTHORIZED USER hereby assumes full responsibility for the acts and conduct of all persons, excluding the CITY,
MANAGER,and/or their respective officers, employees, agents, representatives, and contractors, admitted to the PSP premises
by consent of AUTHORIZED USER, and AUTHORIZED USER agrees to pay damages suffered by the CITY for any such
claims or liabilities.
MANAGER agrees to defend, indemnify, and hold harmless AUTHORIZED USER and its directors, officers, employees, agents
and contractors from any and all claims, demands, loss, liability, cost or expense of any nature whatsoever solely resulting from
the negligence or willful misconduct of the CITY, MANAGER, and/or their respective officers, employees, agents,
representatives, and contractors.
9) Management:
In permitting the occupancy of authorized areas by AUTHORIZED USER, MANAGER retains and does not relinquish the right
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to issue and enforce such rules, regulations and directives as it may deem necessary for the safe, orderly and commercially
sound operation of the PSP. MANAGER's employees and agents may enter and have access to the areas furnished hereunder
at any time, and authorized personnel may enter at reasonable times necessary to the performance of their duties. MANAGER
reserves the right to eject any objectionable person or persons from the premises, and upon the exercise of this authority by
MANAGER, its agents or security guards, the AUTHORIZED USER, on behalf of itself, its agents and employees, hereby
waives any rights and all claims, except for claims solely based on the MANAGER's negligence or willful misconduct, it may
have for damages against MANAGER arising from such occurrences. The AUTHORIZED USER agrees that it will not allow any
person at, in or about the PSP premises who shall, upon reasonable nondiscriminatory grounds, be objected to by MANAGER.
Such person's right to use the PSP and the authorized areas therein may be revoked by MANAGER. Unless otherwise specified
in writing MANAGER shall be entitled to schedule other events similar to the permitted uses both before and after (but not
during)the Event of this Agreement without notice to AUTHORIZED USER.
10) Cooperation With All Other Users:
AUTHORIZED USER acknowledges that MANAGER will make available,for use by others, such portions, areas and facilities of
the PSP that are not subject to this Agreement. AUTHORIZED USER agrees to cooperate in good faith with MANAGER and
those persons using other portions and areas of the PSP.
11) Rules and Regulations.Terms and Conditions and Addenda:
The parties hereto agree that the terms and conditions of this Agreement set forth the entire agreement of the parties hereto
and cannot be changed or modified except by an instrument signed by the parties sought to be bound. This shall not limit
MANAGER, or its designee, from imposing any reasonable additional policies and/or rules and regulations which may be
necessary in the best interest of MANAGER for the operation of the PSP.
12) Retention of Lost Articles:
MANAGER shall have the sole right to collect and shall have custody of articles left, lost or checked in the premises by persons
attending any performances, exhibition or entertainment given or held in the premises, and the AUTHORIZED USER or any
person in AUTHORIZED USER's employ shall neither collect nor interfere with the collection or custody of such articles.
MANAGER shall return such articles once claimed by their rightful owners.
13) Release:
To the extent provided by law, AUTHORIZED USER, in using the premises and other facilities of PSP and equipment therein,
whether such equipment is specifically described or not, does so at its own risk. MANAGER shall not be liable for any damages
to property or damages arising from personal injuries sustained by AUTHORIZED USER or any of its agents, contractors,
employees, patrons, performers or guests, in or about the PSP premises, or any portion thereof, or of any other portion of PSP,
including the PSP building, parking areas and walkways. However, this release shall not apply to damages arising solely out of
the negligence or willful misconduct of the CITY, MANAGER, and/or their respective officers, employees, agents,
representatives, and contractors. Except as provided above, AUTHORIZED USER assumes full responsibility for any property
damage or injury which may occur to AUTHORIZED USER, its agents, contractors, employees, patrons, performers or guests
in, on or about the PSP premises or other portion of the PSP, and AUTHORIZED USER does hereby fully and forever, on its
own behalf as well as on behalf of its agents, release and discharge MANAGER and officers, employees, agents,
representatives, and contractors, the CITY, its officials and employees, in both individual and official capacities,from any and all
claims, demands, damages, rights of action or causes of action, present or future, whether the same be known, anticipated or
unanticipated, whether due to negligence or otherwise, resulting from or arising out of the permitted uses or other use of PSP or
any other portion of the PSP building, parking areas, and walkways and any equipment thereof or contained therein, whether
specifically described in this Agreement or not.
14) Capacity:
AUTHORIZED USER shall not permit the sale or distribution of tickets or passes in excess of the seating capacity of the
premises, nor admit a larger number of persons than can safely or freely move about therein.
15) Statutes/Permits:
AUTHORIZED USER hereby acknowledges that the CITY requires the full compliance with all federal, state and local statutes
and regulations as they may pertain to any and all activities conducted within these facilities. This compliance includes sales
activities and the mandated collection and remittance of all appropriate state and local sales taxes and purchase of business
permits. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city
without first having procured a license from the city to do so and paying the tax hereinafter prescribed. When any of the
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following is conducted as a commercial activity open to all parts of the general public, whether or not associated with another
activity such as a convention, exhibition, showing or other gathering or event, AUTHORIZED USER shall procure a Temporary
Event Permit for each exhibit booth/vendor at the rate of$8.25 per vendor per day.This rate is subject to change. At the time of
application for a temporary business permit,AUTHORIZED USER shall also provide the City of Palm Springs Business License
Division with vendor names and resale tax numbers on a vendor form. Temporary Resale Licenses are also available through
the CA Board of Equalization, 35-900 Bob Hope Drive, Suite#280, Rancho Mirage, CA 92270. Phone 760-770-4828, FAX 760-
770-6876. The Request for Temporary Event Permit form may be found at www.ci.palm-sr)rings.ca.us.com under the
Department of Finance&Treasury.
16) Blank
17) Payment to Contractors and Concessionaires:
All undisputed charges for contractual labor, service connections, catering and other accounts payable to independent
contractors and concessionaires retained by AUTHORIZED USER must be paid in full, net 30, of correct invoice unless other
arrangements for payment are specifically authorized by the contractor or concessionaire, and may be deducted from any funds
on deposit with MANAGER.
18) Inflammable Materials:
AUTHORIZED USER shall not, without the prior written permission of MANAGER, put up or operate any motor machinery on
the Premises or use open flames, or use or store oils, burning fluids, camphene, kerosene, naphtha or gasoline or other gases
for either mechanical or other purposes. AUTHORIZED USER shall file with MANAGER a written application for such use prior
to AUTHORIZED USER obtaining MANAGER's written permission therefore.
19) Use of Vehicles:
Except during specified move-in and move-out periods the AUTHORIZED USER shall not drive or cause to be driven any
vehicle within the building without the written consent of MANAGER.
20) Parkins:
All car parking associated with the Aviation Expo shall park in the area described on Exhibit A as the Aviation Expo Parking
zone. The fee for this area is$200.00 per day for self-parking and is subject to change.
21) Non-Discrimination:
AUTHORIZED USER shall not discriminate against any person or persons in connection with its performance under this
Agreement, they 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, physical or mental disability, or medical
condition. User 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, 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, It is further agreed that with its performance under this
Agreement, User and their agents shall not discriminate against any customer, airport tenant, City employee, or those using the
facilities, because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity,
physical or mental disability, or medical condition.
22) Leaal Recourse:
In the event either party breaches any of the terms or conditions of this Agreement, the other party shall notify the breaching
party of such breach and breaching party shall have two (2) business days to cure such breach. At the conclusion of two (2)
business days, if the breaching party has not cured the breach then the non-breaching party shall have, in addition to any other
legal recourse, the right to terminate this Agreement without liability to the terminating party.
23) Compliance With Law:
AUTHORIZED USER, at its sole cost and expense, shall comply and secure compliance with requirements, including, but not
limited to, wage and hour guidelines, OSHA guidelines, and shall faithfully observe and secure observance in the use of the
premises of all municipal ordinances and State and Federal Statutes now in force or which may be in force.
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24) Americans with Disabilities Act:
The PSP provides permanent access accommodations under the guidance of the Americans with Disabilities Act (ADA).
AUTHORIZED USER is responsible for providing accessibility to qualified individuals with a disability for exhibits, displays,
meetings, etc. with respect to location, path-of-travel and other aspects of the event; and for providing temporary auxiliary aids
and services under the guidance of the ADA. AUTHORIZED USER may contact MANAGER for assistance with services
available in-house.
25) Subletting and Assignment:
AUTHORIZED USER shall not sublet, nor assign, hypothecate or mortgage this Agreement or any of its rights hereunder,
without the prior written consent of MANAGER, which consent shall not be unreasonably withheld.
26) Liens:
AUTHORIZED USER agrees to pay promptly the costs, expenses and other charges incidental to AUTHORIZED USER's use
and occupation of the PSP facilities authorized herein and to hold the CITY and MANAGER harmless from, and to indemnify
them against, any such expenses and charges and from all claims, demands and liens of whatever character arising by reason
of contract, expressed or implied, or negligence, or any part of any other act of omission on the part of any person, excluding
such expenses, charges, claims, demands, and liens to the extent caused by or in any way arising out of the actions or
inactions of the CITY, MANAGER, and/or their respective officers, employees, agents, representatives, and contractors. Such
costs shall include all expenses and attorneys'fees incurred by the CITY and MANAGER in connection with any asserted claim,
demand or lien.
27) Force Maieure:
Obligations of the CITY, MANAGER, and AUTHORIZED USER under this Agreement shall be excused if performance is
delayed, prevented, or rendered impractical by any of the following events beyond such party's control: fire, flood, earthquake,
civil commotion, government acts or decisions, strike, lockout, labor disturbances, explosions, sabotage, accident, war,
terrorism, or act of God, or similar causes. The party claiming it is excused from performing its obligation under this Agreement
shall provide written notice to the other parties within five (5) days of the event identifying the event, how the event falls within
the scope of this paragraph, and how the event prevents the party from performing its obligations under this Agreement. Each
party hereby waives any claim for damages or compensation against the other for such delay or failure to perform, other than a
refund of moneys paid under this Agreement. In addition, in the event AUTHORIZED USER is the party invoking this paragraph,
the amount which shall be refunded to AUTHORIZED USER shall be less any sums actually expended on behalf of
AUTHORIZED USER by MANAGER which could not be recovered by MANAGER, were authorized expenditures under this
Agreement, and were paid to a third party. In such instances MANAGER shall be required to provide AUTHORIZED USER with
documentation including, but not limited to paid invoices, establishing: 1)the amount paid on behalf of AUTHORIZED USER by
MANAGER; and 2)the name,address,and telephone number to whom such payments were made.
28) Binding Effect,Assignability:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and assigns.
29) Entirety of Agreement:
It is understood and agreed that MANAGER makes no representations or agreements, oral or otherwise outside the terms of
this Agreement.
30) Copyrights and Intellectual Property Rights:
With respect to the Event at the PSP, AUTHORIZED USER shall comply fully with any and all local, state, and federal laws,
regulations, rules, constitutional provisions, common laws, and rights of others applicable to the reproduction, display, or
performance of proprietary or copyrighted materials and works of third parties (the "Works"), and to the protection of the
intellectual property rights associated with such Works.The fees payable by AUTHORIZED USER under this Agreement do not
include royalty, copyright or other payments which may be payable on behalf of third party owners of such Works, and
AUTHORIZED USER agrees hereby to make any and all such payments to third parties and/or clearinghouse agencies as may
be necessary to lawfully perform, publish, display or reproduce any such Works. AUTHORIZED USER specifically agrees,
undertakes,and assumes the responsibility to make any and all reports to such agencies and/or parties, including specifically by
way of example only (and not by way of limitation) ASCAP, BMI, SAG, SESAC, Copyright Clearance Center, and other similar
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agencies. AUTHORIZED USER agrees hereby to obtain and maintain evidence of such reports and any necessary payments,
including evidence of compliance with the requirements of this paragraph. AUTHORIZED USER further agrees hereby to
provide to MANAGER any such compliance evidence as may be requested by MANAGER in advance of or after Event.
AUTHORIZED USER agrees that the obtaining and maintaining of such evidence by AUTHORIZED USER is a material
condition of this Agreement. AUTHORIZED USER agrees to indemnify, defend, protect and hold harmless MANAGER and/or
their respective officers, employees, agents, representatives, contractors, and from all and all manner of losses arising in any
way from the use by AUTHORIZED USER of proprietary intellectual property of third parties (whether such claims are actual or
threatened) under the copyright or other laws of the United States.The foregoing indemnity shall apply regardless of the means
of publication, display, or performance by AUTHORIZED USER, and shall include specifically and without limitation the use of
recordings, audio broadcasts, video broadcasts, Works on other magnetic media, sounds or images transmitted via the
worldwide web, chat rooms, webcasts, or on-line service providers, satellite or cable, and all other publication, display or
performance means whatsoever,whether now known or developed after the date of this Agreement.
31) Airport Compliance:
User will comply with all Airport "Good Neighbor Policies" such copy to be provided. User will comply with all Airport Security
policies, requirements, and fees as described in exhibit B. User will engage necessary staff to control movement of personnel
and equipment within the event area to meet all airport security requirements.
32) Audio Visual Provider:
If AUTHORIZED USER elects to utilize its own audio visual supplier or equipment, additional power charges may be assessed
by MANAGER based upon actual power requirements and usage.When selecting an outside AV provider, please be aware that
no cables or cords may cross any doorway in at PSP. Per CITY Fire Marshall codes, all cables and cords must be run above
doors or through the ceiling. All expenses associated with complying with this requirement are the sole responsibility of the
AUTHORIZED USER.
33) Rigging Regulations:
In the event AUTHORIZED USER elects to utilize its own audio visual supplier or equipment, a rigging, lighting and decor plot
must be submitted to PSP a minimum of thirty (30)days prior to the Event. The user is responsible for all installation, safety and
security of equipment and rigging.
34) Cancellation by AUTHORIZED USER:
AUTHORIZED USER shall submit written notice of cancellation to MANAGER prior to any date or dates covered by this
Agreement. In the event that AUTHORIZED USER cancels the Event or any portion thereof 31 days or more prior to Event,
AUTHORIZED USER shall be responsible for and shall pay MANAGER the entire facility rental as listed in paragraph 1 and
thirty-five percent (35%) of the estimated charges as listed in paragraph 3 as liquidated damages for said cancellation without
further liability to MANAGER, the CITY, or any other party. In the event that AUTHORIZED USER cancels less than 31 days
and more than 72 hours prior to Event, AUTHORIZED USER shall be responsible for and shall pay MANAGER the entire facility
rental as listed in paragraph I. MANAGER shall invoice AUTHORIZED USER for all applicable charges upon cancellation by
AUTHORIZED USER. Such charges will be due and payable within thirty(30) days from date of invoice.
35) Cancellation by MANAGER:
Upon receipt of prior written notice by MANAGER to AUTHORIZED USER,this Agreement may be canceled without liability to
MANAGER, under any of the following conditions:
a) AUTHORIZED USER is found to have provided false or misleading information, if MANAGER finds that the use or proposed use
will be detrimental to the health or safety of MANAGER and/or their respective officers, employees, agents, representatives,
and contractors, or to the efficient operation of PSP for the public welfare,
b) should any individual or group (members or guests) willfully or negligently mistreat or damage the equipment or premises of
PSP or violate any of the policies, rules, regulations, terms and conditions established for use of PSP,
c) for recurring activities following notice thereof if attendance falls below the standard established for each use area within the
PSP by MANAGER in its sole and absolute discretion,
d) for failure to notify MANAGER of cancellation of any date or dates covered by this Agreement,
e) if AUTHORIZED USER defaults on any or has not completed all conditions and requirements for use of PSP within twenty (20)
days of Event following notice of said default and/or failure to complete conditions and requirements,
f) in case PSP or any part thereof shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen
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occurrence, including strikes, labor disputes, wars or ads of military authorities, shall render the fulfillment of this Agreement
difficult or impossible to perform, or
g) if the PSP is needed for public necessity or emergency use as determined by MANAGER.
h) No refund shall be made if cancellation occurs less than sixty (60) calendar days prior to Event, except when cancellation
occurs under sections(g) or(h)above.
36) Attorneys' Fees:
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to its reasonable attorneys' fees. Attorneys' fees shall include attorneys'
fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other costs and expenses which are incurred in connection
with such action. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
37) Return of Authorized User Agreement:
Completed Authorized User Agreement must be returned to the PSP offices by . accompanied
by payment of all fees and other conditions then due or Authorized User Agreement will be deemed null and void.
Questions and clarifications should be directed to Thomas Nolan, Executive Director, Palm Springs International Airport, 3400
E.Tahquitz Canyon Way, Palm Springs, CA 92262,telephone (760)318-3901, facsimile(760) 318-3815.
(Signature Page Follows)
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AS ACCEPTED AND EXECUTED:
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready, Esq. Ph.D.
City Manager
APPROVED BY CITY MANAGER
APPROVED AS TO FORM: ATTEST xy% U !Apo" '
By: Alzo� By.
Doug s C. Holland, Ja Thompson,
City ,ttorney GKCIerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
CONTRACTOR NAME:
171 /per C �� Dated �-
Vivienne Herold, Manager (Notarized)
Aviation Expo LLC
17862 Georgetown Lane, Huntington Beach
92647 N
Check one—lndividual.�1 Partnership_ Corporation
Q
Signature (Notarized)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of )
On Gw 9,o\S before me, 77S6-W��\ vita 1AAC V,
Date Here Insert Name and Title of
personally appeared V�V`ke_. 1P �AagacX
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(a)' whose nam*) is/W
subscribed to the within instrument and acknowledged to me that Ne/she/tpe executed the same in
>s/her/ttjeir authorized capacitypas),and that byJais/her/"ir signatureWon the instrument the persorJ(ej,
or the entity upon behalf of which the person.-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
JOHN-PAUL MORENO WITNESS my han i I seal.
Commission#2048682
i Notary Public-California z
z Orange County s Signature
M Comm.Ez ires Nov 10,2017 J ignature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Docume t:
Document Date: � 3 I Number of Pages: �fk
Signer(s) Other Than Named Above: �4
Capacity(ies) Claimed by Signer(s)
Signer's Name: q Signer's Name: N�
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02015 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
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Aviation Expo Parking
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INTERNATIONAL AIRPO�MRT
Exhibit B
Unit cost Estimated Charge
Event No:
October 18—23, 2016
Facility
Oasis and West buildings (hangars) $500.00 DAY 6 Days $3,000.00
Public Parking for the event $200.00 DAY
Description
Airport Identification Badge
Non-SIDA $50.00 EA
CRCH Fingerprint fess $50.00 EA
AOA Permit—temporary $45.00 EA
(ID process is normally 2-3 weeks for receipt of badge)
Misc. Fees
Event ID Badge $56.00 EA
Equipment
Temporary Security Fence Panels $100,00 EA
Portable restroom $250.00 DAY
Temporary surface markings $100.00 HR
Marking removal $100.00 HR
Staff
Electrician $ 95.00 HR
IT Tech $ 95.00HR
Security Supervisor $ 95.00 HR
Security Gate Monitoring $ 65.00 HR
Airport Escort $ 75.00 HR
Maintenance Assistant $ 75.00 HR
Exhibit B Page 1 of 1