HomeMy WebLinkAboutA6716 - AGUA CALIENTE CULTURAL MUSEUM - SPONSORSHIP tea. City m of Pal Springs
3200 E.Tahquitr Canyon Way - Palm Springs,California 92262
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January 16, 2018
VIA UNITED STATES MAIL AND E-MAIL
Darryl Flick
Ague Caliente Cultural Museum
901 E.Tahquitz Canyon Way,Suite C-204
Palm Springs, CA 92262
Re: Letter Agreement, 2017-18 Grant from City of Palm Springs to Agua Caliente Cultural Museum
Dear Darryl,
Congratulations on receiving an award of a grant by the City Council of the City of Palm Springs
("City").This letter agreement("Agreement")memorializes the nature of the grant awarded to your
organization, the Ague Callente Cultural Museum("Grantee")for the(fiscal)year 2017-18 (the"Grant"),
and the terms and conditions upon which the City provides it. The City's grant of assistance to Grantee
(the"Assistance") may be summarized as follows:
$1,000 cash grant in support of the Native FiimFest
The City makes this grant upon the following terms and conditions("Terms"). Your signature below and
return of this Agreement to the City shall serve as evidence of Grantee's acceptance of, and promise to
follow all of the Terms. Despite Its Informality, City and Grantee intend that this Agreement shall serve
as a fully binding and enforceable contract between them in relation to the Assistance. City will tender
all Assistance as quickly as practicable, and in coordination with Grantee's reasonable requirements as f
expressed to City, upon Grantee's return of this Agreement, fully executed, to the City.
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i. Grantee is known in the community for performing a function and/or providing services
("Services")that may reasonably be described as follows:the Native FflmFest. Grantee
warrants and covenants to City that it will to continue to provide Services throughout the
2017-18 fiscal year, and that it shall dedicate the entirety to the Assistance hereunder to funding G
and/or supporting Services. a
2. In the event that Grantee anticipates or experiences any interruption of its provision of Services,
Grantee shall provide written notice to City of that fact, and execute any amendment to this
Agreement that City deems necessary and appropriate.
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3. The following principal of Grantee is identified as being Grantee's representative, authorized to
act on Grantee's behalf with respect to the Services and all Interaction with City related thereto:
Darryl Flick, Events &Development Coordinator.
4. Grantee and its representative shall ensure that all communications and other interaction with
City necessary in relation to Services, the provision of Assistance, and this Agreement shall be
with Harriet Baron, Director of Resource Development.
Post Office Box 2743 • Palm Springs,California 92263.2743
January 16,2018
Ague Callente Cultural Museum
Page 2 of 3
5. Grantee shall comply with all applicable federal, state and local law and regulations ("Law") in
providing Services, and shall secure any and all necessary licenses and permits required by
Law in doing so.
6. Grantee agrees to use the official City logo to acknowledge the City's support on its website in
the manner noted below(with a hyperlink to the City's website) and on any printed materials
associated with its program or event. Grantee is also encourage to include the City of Palm
Springs In all relevant social media postings.
Special Funding provided by The City of Palm Springs
7. Grantee shall, upon any reasonable City request, notify its employees, members and volunteers
of opportunities to volunteer at City events.
8. Grantee is an independent organization, not affiliated with City except by way of this Agreement `
as a recipient of Assistance. Neither City nor any of its officials,employees, contractors,
volunteers or agents (in the aggregate, *City's Related Parties") shall have any control over the
manner,mode, or means by which Grantee, its managers, employees, contractors, volunteers
or agents (in the aggregate, "Grantee's Related Parties")perform Services. Further, this
Agreement does not establish any relationship whatsoever between City and any persons)who
receive or benefit from Grantee's Services("Grantee's Beneficiaries'). Grantee warrants and
covenants that none of Grantee's Related Parties or Grantee's Beneficiaries has any
contractual or other relationship with City arising from or related to this Agreement Grantee is
merely a sponsored entity recognized by City as worthy of City's Assistance, for the sole and
exclusive purpose of promoting Grantee's Services in the community. However, In recognition of
the fact that Grantee is receiving public funds pursuant to this Agreement in the form of the
Assistance, City shall have the right to review Grantee's work product, results, records, and
advice In relation to any Services rendered to Beneficiaries that are funded or supported, in
whole or in part, by the Assistance.
9. Neither Grantee, nor any person who is one of Grantee's Related Parties or Grantee's q
Beneficiaries, shall at any time or in any manner represent that any person who is one of
Grantee's Related Parties or Grantee's Beneficiaries is one of City's Related Parties, by virtue
of this Agreement or otherwise. 4
,
10. Grantee shall prepare and deliver to City a Final Report that documents Grantee's application
of the Assistance to the advancement of Services;these reports shall include but not be limited
to expenditures of City funds by Grantee. Final Report must accompany your application for I
the 2018-19 grant cycle, or be submitted by December 31, 2018 if you are not applying.
11. Grantee shall procure and maintain, at Grantee's sole cost and expense, policies of insurance
as required by the City Attorney.
12.To the fullest extent permitted by law, Grantee shall defend (at Grantee's sole cost and
expense), indemnify, protect, and hold harmless City and City's Related Parties from and
against any and all liabillbas, actions, suits, claims, demands, losses, costs,judgments,
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January 16,2018
Ague Caliente Cultural Museum
Page 3 of 3
arbitration awards,settlements, damages, demands, orders, penalties, and expenses including
legal costs and attorney fees (collectively"Claims"), including but not limited to Claims arising
from or related to (f)Injuries to or death of persons, Including without limitation Grantee's
Related Parties and Grantee's Beneficiaries, (H)damage to properly, including property owned
by any of Grantee's Related Parties, Grantee's Beneficiaries,or City, (I any violation of any
federal, state, or local law or regulallon, and (!v)actual or alleged errors and omissions of
Grantee or any of Grantee's Related Parties,to the full extent not directly caused by the
negligence or willful misconduct of the City or any of City's Related Parties. Under no
circumstances shall the scope or nature of Grantee's Insurance required by this Agreement be
construed to limit Grantee's duty to indemnify,defend or hold City harmless hereunder.
13. In connection with Services under this Agreement, Grantee 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(la.,place of origin, Immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gander identity,gender expression,
physical or mental disability, or medical condition(each a"prohibited basis"). Grantee shall
ensure that Grantee's Related Parties are employed, and that contractors and volunteers are
engaged (to the extent applicable), and that Grantee's Related Parties are treated during their
employment or engagement by Grantee,without regard to any prohibited basis. As a condition
precedent to City's entry into this Agreement, Grantee has warranted and covenanted that
Grantee's actions and omissions hereunder shall not incorporate any discrimination arising from
or related to any prohibited basis in any Grantee activity, Including but not limited to the P
following: employment, upgrading,demotion or transfer; recruitment or recruitment advertising;
layoff or termination; provision of benefits, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Grantee shall fully comply with the provisions of
Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting.
I
14.This Agreement contains all of the agreements between City and Grantee,and cannot be
amended or modified except by written agreement.If any portion of this Agreement is 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 portions of this Agreement,
which shall be interpreted to carry out the Intent of the parties hereunder. Each of the persons
executing this Agreement on behalf of a party hereto warrants that he/she is duly authorized to
execute this Agreement on behalf of said party, and that by so executing this Agreement the
party hereto for which this Agreement is executed Is formally bound to the provisions of this r
Agreement.The parties may execute this Agreement in any number of counterparts, received
by the City as an original or as a digital image; together, all counterparts form a single
document.
CITY OF PALM SPRING d
B
avid H. Ready,
City Manager
AGREED
AGUA CALIENTE CULTURAL MUSEUM 1
By: �ltA�d `aCa t ct tc uki iN rktr` u
Name and Title Signature
APPROVED BY CITY COUNCIL A T:
Cler
FUNDING AGREEMENT
The Aqua Caliente Cultural Museum
THIS FUNDING AGREEMENT ("Agreement") is made and entered into this 21st
day of July, 2015, by and between the City of Palm Springs, a Caliifomia charter city and
municipal corporation, (herein "City"), and the Agua Caliente Cultural Museum, a
California non-profit corporation, (herein "Recipient").
RECITAL
A. The City and Recipient are mutually interested in the continued funding of
the Dinner in the Canyons event program to citizens in the Palm Springs community.
B. The Recipient has agreed to provide such services to the Palm Springs
community pursuant to the terms of this Agreement.
C. Based on its experience and reputation, the Recipient is qualified to
provide the services and desires to provide such services.
D. City desires to support the services of Recipient.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the parties hereto agree as follows:
AGREEMENT
1. SERVICES OF RECIPIENT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Recipient agrees to provide goods and services to citizens in the Palm
Springs community ("Services"), as shown in Exhibit A attached hereto and
incorporated herein by this reference.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of City and any federal, state, or local governmental agency of competent
jurisdiction.
1.3 Licenses and Permits. Recipient shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Promotional Literature. In the event Recipient distributes promotional
literature advertising the Services, City shall be acknowledged as a sponsor of the
Services.
1.5 Volunteer Coordination. To the extent reasonable, if requested by City,
Recipient agrees to notify its employees, members and volunteers of opportunities to
volunteer at City events.
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2. COMPENSATION OF RECIPIENT
2.1 Compensation of Recipient City agrees to provide Recipient with
funding in an amount not to exceed Five Thousand dollars ($5,000.00) to be used for
providing the Services.
2.2 Method of Payment City will provide Recipient with funding within thirty
(30) days of receipt of an invoice from Recipient.
2.3 Changes. In the event any change or changes to the Services is
requested by City, the parties hereto shall execute a written amendment to this
Agreement, setting forth with particularity all terms of such amendment, including, but
not limited to, any additional funding.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Recipient shall complete the Services no
later than October 10, 2015. Any remaining unused funds after June 30, 2016 shall be
returned to City.
3.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Recipient, including, but 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 if Recipient shall within ten (10) days
of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain the facts and the extent of any necessary delay, and extend the time for
performing the services for the period of the enforced delay when and if in the Contract
Officer's judgment such delay is justified, and the Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 8.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of twelve
months, commencing on July 1, 2015, and ending on June 30, 2016 unless extended by
mutual written agreement of the parties.
4. COORDINATION OF WORK
4.1 Representative of Recipient The following principal of Recipient is
hereby designated as being the representative of Recipient authorized to act on its
behalf with respect to the Services specified herein and make all decisions in
connection therewith: Michael Hammond, Ph.D., Executive Director.
4.2 Contract Officer. The Contract Officer shall be the City Manager, or
histher designee. Unless otherwise specified herein, any approval of the City required
hereunder shall mean the approval of the Contract Officer.
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4.3 Prohibition Aaainst Subcontracting or Assignment. Recipient shall
not contract with any other individual or entity to perform in whole or in part the Services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City.
4.4 independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Recipient, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Recipient shall perform all services required herein as an independent contractor of City
and shall not be an employee of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role;
however, City shall have the right to review Recipient's work product, result, and advice.
Recipient 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. INDEMNIFICATION.
To the fullest extent permitted by law, Recipient shall defend (at Recipient'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 including legal costs and attorney fees (collectively "Claims"), including but
not limited to Claims arising from injuries to or death of persons (Recipient'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 Recipient, its officers, employees, representatives, and agents, which
Claims arise out of or are related to Recipient's negligence or willful misconduct in the
performance of this Agreement, but excluding such Claims arising from the 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 Recipient's indemnification obligation or
other liability hereunder.
6. RECORDS AND REPORTS
6.1 Reports. Recipient shall prepare and submit to the Contract Officer a
report concerning the performance of the Services required by this Agreement within
thirty (30) days of completion of the Services or upon expiration of this Agreement,
whichever occurs first.
6.2 Records. Recipient 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.
6.3 Cost Records. Recipient shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
3
incurred while performing under this Agreement and 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 thereof
shall be promptly fumished to City upon request.
7. ENFORCEMENT OF AGREEMENT
7.1 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
Recipient covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
7.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Recipient. Any
waiver by either party of any default must be in writing and shall not be a waiver of any
other default concerning the same or any other provision of this Agreement.
7.3 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 and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
7.4 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.
7.5 Termination Prior to Expiration of Term. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Recipient, except that where termination is due to the fault of Recipient
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. Recipient shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Recipient 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 thereafter. Recipient
may terminate this Agreement, with or without cause, upon thirty (30) days written
notice to City.
8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Recipient, 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
4
Recipient or its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Covenant Against Discrimination. Recipient covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination or segregation in the performance of or in connection
with this Agreement regarding any person or group of persons on account of race, color,
creed, religion, sex, marital status, disability, sexual orientation, national origin, or
ancestry.
8.3 Political Use/Lobbying. Recipient covenants that the funds provided by
City pursuant to this Agreement will not be used for political advocacy or lobbying
purposes.
9. MISCELLANEOUS PROVISIONS
9.1 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 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 92262-6959
To Recipient: Agua Caliente Cultural Museum
Attention: Michael Hammond, Ph. D., Executive Director
901 E. Tahquitz Canyon Way, Suite C 204
Palm Springs, CA. 92262
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
9.3 Amendment, This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
9.4 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.
9.6 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
5
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST: r�
By: M17 ,�.hQLi�L,LT B�:.._
James Thompson, Chief of Staff/City id H. Ready, City Manager
Clerk
APPROVED T FORM:
APPROVED BY Crry COUNCL
By,
Douglas C. olland, City Attorney
"RECIPIENT"
Michael Hammond, Ph. D., Executive Director
Date:
6
EXHIBIT "A"
Event Sponsorship Benefits
The City will receive the following per this funding agreement:
• Table for ten (10) at Dinner in the Canyons
• Sponsor Recognition which includes-
Quarter-page acknowledgement in event program
Slide presentation on large screens at the dinner
Museum Web site
Museum newsletter— The Spirit
Museum Facebook page
7
AGUA CALIENTE CULTURAL MUSEUM
2014 DINNER IN THE CANYONS REPORT
Dinner in the Canyons, the annual gala fundraising event presented each year by Agua
Caliente Cultural Museum, was held on October 11, 2014. In addition to being a major
source of funds for support of educational programs, exhibitions, and special events
offered by the Museum, Dinner in the Canyons serves to increase awareness,
understanding, and appreciation of Native culture — and the mission of our "small-but-
mighty" Museum. The event was held in Andreas Canyon, an ancient home of the
Agua Caliente Band of Cahuilla Indians.
A total of 417 guests attended, exceeding our 400 budgeted projection. A total of
$327,820 was raised — 94% of a $350,000 goal and an increase of$56,455 over the
2013 revenue total. Against an industry guideline recommending that total expenses of
fundraising events not exceed 50% of gross revenue, we achieved a strong 57%. The
City of Palm Springs $5,000 sponsorship grant and other proceeds from this event were
used to help fund 2014-2015 exhibitions, educational programs, and cultural festivals.
Honorees James R. Houston and Harold Matzner—two distinguished community
leaders and longtime friends of Agua Caliente Cultural Museum — were recognized for
their philanthropy, leadership, and business acumen which have contributed to the
vitality and strength of the Coachella Valley non-profit organizations. Their support of
education, arts and culture, and social services has enhanced the quality of life we
enjoy here in the desert.
Entertainment for the evening featured GRAMMY nominee Radmilla Cody, Navaho
vocal artist and former Miss Navajo Nation. Her songs were performed in English and
in the language of her Native American ancestors, embracing the traditional and the
contemporary.
Auction items included Zuni inlay belt buckles, a basket made of movie film in the
Onondaga style by Gail Tremblay (Onondaga/Micmac Nations); Navajo jewelry
handcrafted by silversmith Raymond Bennet; a print by master printer Seiichi Hiroshima
of Coyote's Road by Rick Bartow (Wiyot/Mad River Band); and a David Salk clay basket
modeled after a Dolores Patencio basket in the collections of Agua Caliente Cultural
Museum.
Agua Caliente Cultural Museum is grateful for the financial support received from the
City of Palm Springs whose generosity contributed to making this event possible— and
a success.
(�� �
AGUA CALIENTE CULTURAL MUSEUM • 901 East TahquitZ Canyon Way, Suite C-204 • Palm Springs, CA 92262
760.778.1079 Telephone • 760.322.7724 Fax • www.accmuseum.org
7 ® DATE(MMIDD/YYYY)
ACORO CERTIFICATE OF LIABILITY INSURANCE
02/05/2018
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If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
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PRODUCER CONTACT Gloria Gonzales
NAME:
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AIC No Ex[
CA License No.0086542 'MAIL gloria@whinsurance.com
ADDRESS:
P O BOX 1865 INSURER(S)AFFORDING COVERAGE NAIL#
Palm Springs CA 92263 INSURERA: Nonprofits Ins Alliance
INSURED INSURER B:
Agua Caliente Cultural Museum INSURER C:
901 E.Tahqultz Canyon Way, INSURER D:
Suite C-204 INSURER E:
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR AUUL5UTYPE OF INSURANCE POLICY EFF POLICY E
XP
LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO Ri
CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 500,000
MED EXP(Any one person) $ 20,000
A Y 2017-26263-NPO 10M1/2017 10/01/2018 PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000.000
X POLICY ECT PRO LOC PRODUCTS-COMPIOPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,D00,000
Ea accident
ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED 2017-26263-NPO 10/01/2017 10/01/2018 BODILY INJURY(Per accident) 8
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
X AUTOS ONLY X AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DIED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
YIN
ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E L.EACH ACCIDENT $
W/OFFICEMEMBER EXCLUDED?
(Mandatory in Ni E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Certificate holder is named as additional insured per attached form when required by a written contract.
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THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS.
3200 E.Tahquitz Canyon Way
AUTHORIZED REPRESENTATIVE
Palm Springs CA 92262
01988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
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ALLIANPCE OF CALIFUMLA
A Mwd for Msurorus•.A Nsrrt fm Abaprofds
POLICY NUMBER: 2017-26263
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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you are performing operations when you have agreed in a written contract or written agreement that such public
entity be added as an additional insured(s)on your policy, but only with respect to liability for"bodily injury",
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1. Your negligent acts or omissions; or
2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing
operations.
No such public entity is an additional insured for liability arising out of the"products-completed
operations hazard"or for liability arising out of the sole negligence of that public entity.
B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions
apply.
This insurance does not apply to"bodily injury'or"property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the
project(other than service, maintenance or repairs)to be performed by or on behalf of the additional
insured(s)at the location of the covered operations has been completed; or
2. That portion of"your work"out of which injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
C. The following is added to SECTION III—LIMITS OF INSURANCE:
The limits of insurance applicable to the additional insured(s)are those specified in the written contract
between you and the additional insured(s), or the limits available under this policy, whichever are less.
These limits are part of and not in addition to the limits of insurance under this policy.
D. With respect to the insurance provided to the additional insured(s), Condition 4.Other Insurance of
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that
other insurance as described in c. below; or
(2) The coverage afforded by this insurance is primary and non-contributory with the additional
insured(s)'own insurance.
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Paragraphs(1)and (2)do not apply to other insurance to which the additional insured(s)has
been added as an additional insured or to other insurance described in paragraph b. below.
b. Excesslnsurance
This insurance is excess over:
1. Any of the other insurance,whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for
.your work';
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily
occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for"property
damage"to premises temporarily occupied by you with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the
extent not subject to Exclusion g. of SECTION I—COVERAGE A—BODILY INJURY
AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering
liability for damages which are subject to this endorsement and for which the additional
insured(s) has been added as an additional insured by that other insurance.
(1) When this insurance is excess,we will have no duty under Coverages A or B to defend the
additional insured(s)against any"suit" if any other insurer has a duty to defend the additional
insured(s)against that"suit". If no other insurer defends,we will undertake to do so, but we
will be entitled to the additional insured(s)'rights against all those other insurers.
(2) When this insurance is excess over other insurance,we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of
this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.
(3) We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits
of Insurance shown in the Declarations of this Coverage Part.
c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal
shares,we will follow this method also. Under this approach each insurer contributes equal
amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever
comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution
by equal shares,we will contribute by limits. Under this method, each insurer's share is based on
the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
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