HomeMy WebLinkAbout06422 - MATCHACTION USE AGR FOR EVENT ON 10/21/13 NEAR TRIO RESTAURANT �QQ P A`M sp9
iZ
c
V N
a
°q<<FORN'P City Council Staff Report
DATE: 2013 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF OCTOBER 2013
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk and Procurement
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of
September 1 through September, 2013.
AGREEMENTS
Number Vendor Description Amount Department
A6144 Delos Van Earl Patination of Skate Park Building $3,000.00 Parks & Recreation
A6375 Chevron Energy Solutions Change Order No. 1, Citywide NO CHANGE Administration
Company Energy Project
A5630 Maxwell Security Amendment No. 6, Security at Community& Economic
Train Station, Library, Parking
Structure& Skate Park
A6267 William G. Kleindienst Amendment No. 2, Architectural Administration
Design Services for the NO CHANGE
Welwood Murray Memorial
Library
A6033 Koa Corpoation Vista Chino @ Farrell Street $g 000.00 Engineering
Improvement, CP 09-11
Old Las Palms NO
A6402 Neighborhood Donation of Monument Sign COST Administration
Organization TO CITY
A6404 Interactive Design Architectural Assessment of the Corporation Plaza Theater $24,350.00 Community& Economic
Use Agreement for six parking NO
A6422 Matchaction .0 spaces near 707 North Palm COST Administration
�0 Canyon Drive on Monday, TO CITY
October 21, 2013
Item No. 2 e D e
USE AGREEMENT
(Six Parking Spaces on Palm Canyon Drive)
This Use Agreement("Agreement")is made and entered into this 16"'day of October,2013,by and
between the City of Palm Springs ("City")and the Matchaction ("User"),concerning the use of the
City-owned six parking spaces located on North Palm Canyon Drive as depicted on Exhibit "A"
("Facility").
The City and User do hereby mutually agree as follows:
AGREEMENT
1. TERM OF USE. This Agreement shall be in full force and effect for a period of Monday,
October 21, 2013, beginning 2:00 p.m. and ending 11:59 p.m.
2. FACILITY USE.
2.1 Six Parking Spaces on North Palm Canyon Drive. City grants User the use of six
parking spaces on North Palm Canyon Drive as identified in Exhibit"A" and incorporated herein by
reference, generally located at and in the vicinity of 707 North Palm Canyon Drive.
2.2 Fees and Charges for Facility Use. There is no fee charged to the User for the use of
the Facility for this event.
3. SIGNAGE AND OTHER REQUIREMENTS.
3.1 The User is responsible for obtaining,and its sole cost and expense,the services of a
licensed traffic engineering firm to post signage and coning of the Facility, in accordance with all
State and local laws,ordinances, and standards during the time period described in Section 1 of this
agreement.
3.2 The User shall be responsible for monitoring all areas during the period of this
agreement.
3.3 The User shall obtain the written consent from all other businesses and
establishments, that are directly affected by the use of the facility.
4. INSURANCE.
4_1 Minimum Insurance. User shall procure and maintain,at its sole cost and expense,in
a form and content satisfactory to City, during the entire term of this Agreement, including any
extension thereof, the following policies of insurance:
4_2 Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance in an amount not less than One Million Dollars ($1,000,000.00)per occurrence
and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance
companies shall have an AM Best's Guide Rating of A-, Class VII or better.
I
4_3 Proof of Insurance.Proof of the insurance required under Section 4 shall be provided
to City prior to the execution of this Agreement, and shall name the City, its officers, agents and
employees as additional insured.
5. INDEMNIFICATION AND DEFENSE.
5.1 Indemnification. User agrees to indemnify the City,its officers,agents and employees
against, and shall hold and save each of them harmless from, any and all actions, suits, claims,
damages to persons or property, including injury or death to any person, losses, costs, penalties,
obligations,errors,omissions or liabilities(herein"Claims")that may be asserted or claimed by any
persons, firm or entity arising out of or related to this Agreement or User activities at the Facility,
except to the extent that the Claim arises from the sole negligence or willful misconduct of the City,
its officers, agents or employees.
5.2 Defense. User agrees to defend,with counsel acceptable to City,the City,its officers,
agents and employees against any Claims that may be asserted or claimed by any persons, firm or
entity arising out of or related to this Agreement or User activities at the Facility,except to the extent
that the Claim arises from the sole negligence or willful misconduct of the City,its officers,agents or
employees.
5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all
costs incurred by the City that are associated with the indemnification or defense of City by User,
including any costs associated with the use of City resources, including lost time by employees,
expended in furtherance of the indemnification or defense.
6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as
follows:
City.
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8299
Attention: City Manager
User.
Matchaction
3020 Carbon Place, Ste. 300
Boulder, CO 80301
Attn: Maren Kirlin
[SIGNATURES TO FOLLOW]
2
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year
shown below.
CITY OF PALM SPRINGS
— Date: Id/ I , r �013
David H.Ready,Gi anag 1
APPROVED BY CITY MANAGER
ATTEST:
Ccs-r-
jame�s�T—honipson,
' l Date: 1 g1-712c r3 A to+;LA
City Clerk
APP AS TO FO 7ii
Date: I n i 1 ZO
Do'uqk r.HoIland, City Attorney
USER �}
By. Date: l 1 L 7 3
Maren Kirlu-4 N&Whacdon
Its: Senior Account Coordinator
3
EXHIBIT "A"
Six parking spaces on North Palm Canyon Drive, generally located in the vicinity of 707 North
Palm Canyon Drive, Palm Springs, as depicted on the following three pages.
STREET VIEW: 4 Spots along N Palm Canyon Dr.
A � i
_ 9
D
n
m
STREET VIEW: 2 Spots along N Palm Canyon
Z �
tL �.
� I
(closer • ofspots)
R 5•
• • Spots along N Palm Canyon
�a
Ina
If
i7
t
yy� u L
�1 a�
..
'! 1