HomeMy WebLinkAbout06332 - J HOCKER AND ASSOC LLC EVENT MGMT SVCS ?ALM
SAy City of PakSprings
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Office of Sustainability
+ Cq<I FO R��P+ 3200 E Tahquitz-Canyon Way •Palm Springs, California 92262
August 2, 2016
Jeff Hocker
Hocker Productions
1500 Calle Palo Fierro b��"
Palm Springs CA 92264
Mr. Hocker,
This is to inform you that the Consulting Services Agreement dated February 27, 2015 and
City of Palm Springs Purchase Order # 15-0989:0 are hereby canceled. No further payments
will be issued on this consulting services agreement or purchase order.
The following changes are to the Contract Services Agreement per Section 3.4 as follows:
➢ Section 3.4 Appropriations. This Agreement is subject to and contingent
upon funds being appropriated therefore by the City of Palm Springs for each
fiscal year covered by the Agreement. If such appropriations are not made, this
Agreement shall automatically terminate without penalty to the City.
➢ As funding for this Agreement was not appropriated by the City Council for the
2016-17 Fiscal Year, this Agreement is terminated as of June 30, 2016.
We thank you for your services and look forward to working with you in the future should the
occasion arise. If you have any questions regarding this agreement termination please
contact me at 760-323-8214 or Daniel DeGarmo at 760-323-8248.
Sincerely,a,4
� a '.
Michele Mician
Manager, Office of Sustainability
City of Palm Springs
cc: James Thompson, City Clerk
CONSULTING SERVICES AGREEMENT
(Hocker Productions)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this 28th day of July 2015, by and between the City of Palm Springs, a
municipal corporation ("City"), acting by and through its City Manager, or his designee, a
Contract Officer of the City ("City"), and Hocker Productions ("Consultant").
RECITALS
A. The City requires the services of Event Production Consultant for the 5th
Annual City of Palm Springs Healthy Planet, Healthy You Mayor's 1 K, 5K and 10K Race
and Wellness Festival ("Project").
B. Consultant has submitted to the City a proposal to provide Event Production
Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which 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 in accordance
with all standards prevalent in the industry. In the event of any inconsistency between the
terms contained in the Scope of Services/Work and the terms set forth in the main body
of this Agreement, the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local laws,
statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
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507639.2
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit 'A," which shall not exceed $7,250.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to the
City in the form approved by the City's finance director, an invoice for services rendered
prior to the date of the invoice. Payments shall be based on the hourly rates as set forth
in Exhibit "A" for authorized services performed. The City shall pay Consultant for all
expenses stated thereon, which are approved by the City 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 the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work
product, or work;
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.
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>07639.2
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is January 30, 2016.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance set
forth in Exhibit "A." The extension of any time period must be approved in writing by the
Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until January 30, 2016,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal is
a substantial inducement for the 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
hereunder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services and
Consultant shall refer any decisions that must be made by the City to the Contract Officer.
3 Revised.NO2/07
507639.2
Unless otherwise specified herein, any approval of the City required hereunder shall
mean the approval of the Contract Officer.
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 the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of the
City and shall not be an employee of the City and shall remain at all times as to the City a
wholly independent contractor with only such obligations as are consistent with that role;
however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform
the services set forth herein. Consultant shall not alter the assignment of the following
personnel without the prior written approval of the Contract Officer. Acting through the
City Manager or his designee, 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:
Jeff Hocker Owner/Executive Producer
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole
cost and expense), indemnify, protect, and hold harmless the 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 (Consultant's employees
4 Revised:3/02107
507fi39.>_
included), for damage to property, including property owned by the City, from any
violation of any federal, state, or local law or ordinance, and from negligent acts, errors
and omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under 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 Consultant's indemnification obligation or other liability hereunder.
B. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and Consultant
shall have no claim for further employment or additional compensation as a result of the
exercise by the City of its full rights or ownership of the documents and materials
hereunder. Consultant may retain copies of such documents for it's own use. Consultant
shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies thereof shall be
promptly furnished to the 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
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5076392
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant. 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.
9.3 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.
9.4 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days written
notice to Consultant, except that 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, hereunder 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 thereafter. Consultant may terminate
this Agreement, with or without cause, upon thirty (30) days, written notice to the City.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the City or for any amount which may become due to
the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant 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,
6 Revised:3/02/07
507639
creed, religion, sex, marital status, disability, sexual orientation, national origin, or
ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Hocker Productions
Attention: Jeff Hocker
1222 Sunflower Circle North
Palm Springs, CA 92262
Ph: 760-409-1530
Fax: 760-537-1284
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severabilitv. 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.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
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507639.1
"CITY"
City of Palm Springs
Date:_4 By:
vid H. Ready, Esq., Ph.D
City Manager APPROVED BYCIiYMANAGER
` J f7t�7
Date: l I I� By:
wt
Marcus Fuller Michele C. Mician
Assistant City Manager
aa, C--
Date: 717,8 Z& I (S By: r
Michele C. Mician
Manager, Office of Sustainability
ATTEST:
Date. 8 3 � ByL
ames Thompson,
City Clerk
APPROVED AS TO FORM:
Date: By: 4&4�
Dou as C. Holland,
City Attorney
"CONSULTANT"
Hocker Productions
Date: By: - -
Jeff Hocker
Owner/Executive Producer
$50'639.2 Revised'.3102l07
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
9 Revised:T02,/07
507539.2
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General Description: Consultant shall provide event management services including;
2016 MAYOR'S RACE — HEALTHY PLANET HEALTHY YOU
EVENT MANAGEMENT DUTIES
Event details
Proposed event: Mayor's Race
Organizers: City of Palm Springs, Office of Sustainability
Location: City of Palm Springs Wellness Park and Ruth Hardy Park
Date: Sunday, January 24, 2016
Time: 6:30a.m. - 11 :30a.m.
Duration: Pre Event hours and 10 hours total day of event
This scope outlines the details desired for the promotion of this event including;
1. Assist with marketing race and pre-race registration events including; be
active in the branding of the event, assist with development of collateral
material (brochure/poster/banners/signage), , radio and television interviews,
cross promotion with other local events and email blasts for the following
aspects of the Mayor's Race and Wellness Festival, A Healthy Planet, Healthy
You event:
• Race Events — 10 K, 5 K and 1 K Kids Fun Run
• Children's area
• Wellness Area Exhibitors, Food Purveyors & Interactive booths
• Physical activity and fitness expert demonstrations
2. Outreach to a variety of local community groups/businesses to participate as
runners or walkers (Lions Club/Rotary/PSHHA/PSBT).
3. Outreach to local groups/businesses presenting the opportunities to
participate by providing 1,000 samples or coupons for goodie bag insertion.
4. Provide a digital and printable Site Plan of wellness festival area including
• Main stage
• Start/Finish Line
• Children's area
• Health Testing Village
10 Revised.3MW
507639.3
• Sports & Fitness related exhibitors
• Wellness and Medical Area Exhibitors
• Food, beverage and supplement
• Physical activity and fitness display area including stage placement
5. Provide to the Office of Sustainability a list of service organizations, not-for-
profits and businesses that Hocker Productions has contacted and secured.
Review exhibitor list prior to contact to avoid duplication and receive City staff
approval to commence exhibitor and sponsor requests.
6. Outreach to local community groups presenting the opportunities for display
in the wellness festival exhibit area including
• Exhibitor Packet distribution to local service organizations
• Secure minimum of 5 community service organizations — e.g., Kiwanis,
Rotary, Lions Club, American Legion, Shriner's, One PS, PS Women's
Club,.
7. Secure local groups/business participation in wellness festival exhibit area
including:
• Exhibitor Packet distribution to local businesses
• Secure minimum of 25 health related businesses to exhibit including;
Hospitals, Sports Medicine, Massage, Dialysis, Blood Bank, Walk In Clinics
and Urgent Care, Running Stores, Bike Shops, Healthy Living Centers,
Health Food Stores, Food purveyors. etc.
8. Secure local non-profit groups participation in wellness festival exhibit area
including
• Sponsorship/Exhibitor Packet distribution to not for profit organizations
• Secure minimum of 10 not for profit organizations — e.g., HEAL Network,
Desert Regional Medical Center, 100 Women, Habitat for Humanity, Gilda's
Club, SOS, Stroke Recovery Center, United Way, Incight, The Coachella
Valley Alumni Panhellenic, Lindsey Sowles Foundation, Desert AIDS
Project, Shelter from the Storm, Forever Free Horse Rescue, Desert Cancer
Foundation, Olive Crest, Go Red for Women, etc.
9. Manage and secure on site fitness demonstrations held from 5:30-
1:00 p.m. for overall wellness event including production of schedule and
assignment of talent
10. Create Signage for exhibitor areas including
• Provide wellness festival signage including; directional signs, Table
Tent/vendor booth labels for each exhibitor table designated; Exhibitor
Registration and Check-In; and booth placement ground marking
11. Day of event coordination of entire Running event and Mayor's Race &
Wellness Festival
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507639.1
12. Duties may include appeals for Runner registration
13. Work with Palm Springs Unified School District to ensure ease of registration
and participation for up to 2000 children
14. Assist and advise City staff regarding the race route and course pre-
planning including planning route, locating start, finish and water stops
15. Set up Start and Finish Lines, banners and inflatable archway for 1K kids
fun run, 5K and 10K run.
16. Under the direction of City staff, follow up with timing company on race
route confirmation, stops, timing needs and instructions.
17. Attend events to register runners on-line or paper using City and registrant
provided paper and electronic registration on mobile devices such as tablets
and smartphone at the following event dates and times:
• Community Moves Me Free Cardiovascular Conditioning — (August 22, 2015)
• Community Moves Me Free Group Hike with Parks Service (Sat., September 19)
• Mizell Health Expo- October Date TBD
• My Health and Wellness Expo, Saguaro (Oct. 3, 2015)
• Community Moves Me Free Nutritional Forum with Ecore (October 10)
• Squats for Tots, Tree Lighting (December 5, 2015)
• Desert Woman's Show, ACC (Nov. 15 & 16)
• Community Moves Me Day with Farmer's Market/Community Garden, (Nov. 21)
18. Assist City staff in outreach to the Running Community for registration.
• Promoting registration for goal of 1 ,000-1,500 runners
• Flyer distribution and solicitation at regional running events until race day
• Brochure insertion and on-site attendance in regional races:
i. Tramway Challenge
ii. Thanksgiving Day Run
iii. Santa Paws Run
iv. Red Carpet Run
Outreach Booth Attendance:
• Community Moves Me Free Cardiovascular Conditioning — (August 22, 2015)
• Community Moves Me Free Group Hike with Parks Service (Sat., September 19)
• Mizell Health Expo- October Date TBD
• My Health and Wellness Expo, Saguaro (Oct. 3, 2015)
• Community Moves Me Free Nutritional Forum with Ecore (October 10)
• Coachella Valley Health Collaborative Luncheon- DRMC (Nov. 3, 2015)
• Squats for Tots, Tree Lighting (December 5, 2015)
• Desert Woman's Show, ACC (Nov. 15 & 16)
12 Revised:3/02/07
507639.2
• Community Moves Me Day with Farmer's Market/Community Garden, (Nov. 21)
• Villagefest (3 Weeks Prior to Event)
19. Event day, assist City staff with water stop volunteers
20. Assist City staff in all activities surrounding startifinish line
21. Provide additional volunteer staffing for moving of race materials, booth set-
up and race packet registration on Friday, January 22 & Saturday, January 23
at Running Wild, which would include 2 people for a minimum of 6-8 hours
each day
22. Provide additional volunteer staffing for early morning set-up on day of event
for areas as needed, which would include 2 people for a minimum of 6 hours.
Costs: The budget for the duties as described for the 2016 Mayor's Healthy Planet
Healthy You Race is $7,250.00 and will be paid in 2 installations. The $7,250.00 cost
includes all materials necessary to provide services as described in the attached Scope of
Work with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within sixty (60) days after the execution of this Agreement
by all parties, unless extended by mutual written agreement of the parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work immediately upon the full execution of this
Agreement.
The exhibit area and wellness fair plan will be delivered sixty (60) days after the execution
of this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule for
completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every month after the start of the
project, a progress report until the completion of the project.
EXHIBIT "A"
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507619 2
(FEE SCHEDULE)
Payment for the Event Management of the Mayor's Race & Wellness Festival for the City
of Palm Springs shall be as follows:
A partial payment, in an amount up to 50% may be submitted after the delivery of
approved timeline and plans (by September 15, 2015) and shall be payable within 30
days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
EXHIBIT "B"
ld Revised:3i02..,07
i0-639.7
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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5076391
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the
City, 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 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 extension thereof, and shall not be
cancelable without thirty (30) days advance written notice to the 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 the 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 the City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) 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; and,
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.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected officials, officers,
employees, agents, and volunteers.
t 6 Revised: 3l02.!07
50?6192
B. Errors and Omissions Coverage. 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, or equivalent
coverage with another company, 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 the City of the purchase of the required tail
insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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.
D. Verification of Coverage. Consultant shall furnish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
17 Revised.3/02107
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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.
E. 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 the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected
officials, officers, employees, agents, and volunteers; or, 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.
F. Severability of Interests (Separation of Insured). 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.
IS Revised:3102/07
>n'631
CONSULTING SERVICES AGREEMENT
(Hocker Productions)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made
and entered into this 30th day of August 2014, by and between the City of Palm
Springs, a municipal corporation ("City'), acting by and through its City Manager, or his
designee, a Contract Officer of the City ("City"), and Hocker Productions ("Consultant').
RECITALS
A. The City requires the services of Event Production Consultant for the 4th
Annual City of Palm Springs Healthy Planet, Healthy You Mayor's 5K and 10 Mile race
and Wellness Festival ("Project').
B. Consultant has submitted to the City a proposal to provide Event
Production Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which 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 in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
Revts d 3102/07
507639.2
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A," which shall not exceed $6,000.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City 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 the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
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.
2 Revised:3102107
507639.1
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is January 25, 2015.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until January 25, 2015,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the 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 hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
3 Revised:3102/07
5p70393
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
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 the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, 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:
Jeff Hocker Owner/Executive Producer
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the 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
4 Revised:3102107
5076192
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under 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 Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies
thereof shall be promptly furnished to the 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
5 Revised:3/02/07
507619.?
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
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.
9.3 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.
9.4 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
hereunder 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
6 Revised:3/02107
507619.2
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.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Hocker Productions
Attention: Jeff Hocker
2385 Oakcrest Drive
Palm Springs, CA 92264
Ph: 760-409-1530
Fax: 760-656-8732
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 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.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
7 Revised:3/02/07
507619.2
"CITY"
City of Palm Springs
Date: // �/ By: 9.r
David H. Ready, Ci ager
APPROVED BY CITY MANAGER
4 3Z
Date: 1 I ` \ 1 I By:
Michele C. Mician, Sustainability Manager
Arresr:
%' c rrY C.
"CONSULTANT"
Hocker Productions
Date: 09/1/2014 By Jeff Hocker
Jeff Hocker
Owner/Executive Producer
Jeff Hocker
Not to Exceed $Gvi.a ae
Without The Expressress Wri Written
Authorization Of The City
Manager
8 Revised:3102107
501639.2
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
9 Revised:3/02/07
507639 2
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General Description: Consultant shall provide event management services including;
2015 MAYOR'S RACE — HEALTHY PLANET HEALTHY YOU
EVENT MANAGEMENT DUTIES
Event details
Proposed event: Mayor's Race
Organizers: City of Palm Springs, Office of Sustainability
Location: City of Palm Springs Wellness Park and Ruth Hardy Park
Date/Time: January 17, 2015
Duration: Pre Event hours and 10 hours total day of event
This scope outlines the details desired for the promotion of this event including;
1. Assist with marketing including; poster placement at all exhibitor store
fronts, radio and television interviews, cross promotion with other local
events and email blasts for the following aspects of the Mayor's Healthy
Planet, Healthy You Race and Wellness Festival:
a. Race Events — 10 Mile, 5 K and Kids Fun Run
b. Children's area
c. Wellness Area Exhibitors including Food Purveyors
d. Physical activity and fitness demonstrations
2. Outreach to local community groups/businesses to participate as runners or
walkers.
3. Outreach to local groups/businesses presenting the opportunities to
participate by providing 800 samples or coupons for goodie bag insertion.
4. Provide a printable Map Layout of wellness festival area including
a. Children's area
b. Health Testing Village
c. Sports related exhibitors
d. Wellness and Medical Area Exhibitors
e. Food and supplement Area
f. Physical activity and fitness display area including stage placement
10 Revised:3/02/07
5076?9,2
5. Provide to the Office of Sustainability a list of service organizations, not-for-
profits and businesses that contractor has contacted and secured. Review
exhibitor list prior to contact to avoid duplication and receive City staff
approval to commence exhibitor and sponsor requests.
6. Outreach to local community groups presenting the opportunities for display
in the wellness festival exhibit area including
a. Exhibitor Packet distribution to local service organizations
b. Secure minimum of 5 community service organizations — e.g., Kiwanis,
Rotary, Lions Club, American Legion, Shriner's, Soroptimist , PS Women's
Club, Les Dames d'Escoffier, Palm Springs Chapter, etc.
7. Secure local groups/business participation in wellness festival exhibit area
including:
a. Exhibitor Packet distribution to local businesses
b. Secure minimum of 25 health related businesses to exhibit including;
Sports Medicine, Massage, Dialysis, Blood Bank, Walk In Clinics and
Urgent Care, Running Stores, Bike Shops, Healthy Living Centers, Health
Food Stores, Food purveyors. etc.
8. Secure local not for profit groups participation in wellness festival exhibit
area including
a. Sponsorship/Exhibitor Packet distribution to not for profit organizations
b. Secure minimum of 10 not for profit organizations — e.g., HEAL Network,
Desert Regional Medical Center, 100 Women, Habitat for Humanity,
Gilda's Club, SOS, Stroke Recovery Center, United Way, Incight, The
Coachella Valley Alumni Panhellenic, Lindsey Sowles Foundation, Desert
AIDS Project, Shelter from the Storm, Forever Free Horse Rescue, Desert
Cancer Foundation, Olive Crest, Go Red for Women, etc.
9. Manage and secure on site fitness demonstrations held from 7 AM to 11
AM during wellness event including production of schedule and assignment
of talent
10.Create Signage templates or actual signs for exhibitor areas including
a. Provide wellness festival signage including; directional signs, Table
Tent/vendor booth labels for each exhibitor table designated; Exhibitor
Registration and Check-In; and booth placement ground marking
11. All Day of coordination of exhibit and wellness festival area
12. Duties include appeals for Runner registration
13. Assist and advise City staff regarding the race route and course pre-
planning including planning route, locating start, finish and water stops
]] Revised:3/02107
507619.2
14. Set up Start and Finish Lines for 5K, 10 Mile and 1 K kids fun run.
15. Provide Start and Finish Line banners and inflatable displays when
applicable.
16. Under the direction of City staff, follow up with timing company on race
route confirmation, stops, timing needs and instructions.
17. Assist City staff in outreach to the Running Community for registration.
a. Promoting registration for goal of 1200 runners
b. Flyer distribution and solicitation at regional running events until race day
18. Draft wording for two emails prior to race day for runners and all attendees
and provide to City staff for use. Includes
a. Race day reminder and update on race information
b. Race day instructions, route information and reminders
19. Day of event, assist City staff with water stop volunteers
20. Assist City staff in finish line festival as needed
Costs: The budget for the duties as described for the 2014 Mayor's Healthy Planet
Healthy You Race is $6000.00 and will be paid in 2 installations. The $6000.00 cost
includes all materials necessary to provide services as described in the attached Scope
of Work with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within sixty (60) days after the execution of this
Agreement by all parties, unless extended by mutual written agreement of the parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work immediately upon the full execution of this
Agreement.
The exhibit area and wellness fair plan will be delivered (30) days after the execution of
this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every month after the start of the
project, a progress report until the completion of the project.
12 Revised:3102J07
50'639 1
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Event Management of the Mayor's Healthy Planet Healthy You
Wellness Festival for the City of Palm Springs shall be as follows:
A partial payment, in an amount up to 50% may be submitted after the delivery of
approved timeline and plans (by November 21 , 2014) and shall be payable within 30
days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
13 Revis d:3/02107
5076322
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
14 Revised:3102/07
50]6J22
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, 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 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 extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the 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 the 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 the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) 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; and,
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.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
15 Revised:3l02W
50 619.1
B. Errors and Omissions Coverage. 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, or
equivalent coverage with another company, 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 the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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 VI I, or better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall fumish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
16 Revised:3/02107
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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.
E. 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 the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, 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.
F. 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.
17 Revised:3102/07
507639'
CONSULTING SERVICES AGREEMENT
(Hocker Productions)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made
and entered into this 17th day of July 2014, by and between the City of Palm Springs, a
municipal corporation ("City'), acting by and through its City Manager, or his designee,
a Contract Officer of the City ("City"), and Hocker Productions, Inc. ("Consultant').
RECITALS
A. The City requires the services of Event Production Consultant for the 2"d
Annual Cycledelic and 5th Annual City of Palm Springs Bike Month Programs
("Project').
B. Consultant has submitted to the City a proposal to provide Event
Production Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which 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 in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
1 Revised:3102/07
507639.2
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A" which shall not exceed $2,800.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City 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 the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
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.
2 Revised:3102/07
507639.2
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is October 31, 2014.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until October 31, 2014,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the 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 hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
3 Revised:3102107
507639.2
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
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 the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, 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:
Jeff Hocker Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the 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
4 Revised:3102W
507639,2
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under 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 Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies
thereof shall be promptly furnished to the 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
5 Revised:3102/07
5076391
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
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.
9.3 Riohts 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 parry 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.
9.4 Lesaal 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
hereunder 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
6 Revis d:3102/07
3U163J2
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.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Hocker Productions
Attention: Jeff Hocker
1500 Calle Palo Fierro
Palm Springs, CA 92264
Ph: 760-320-5272
Fax: 760-320-5373
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 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.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
7 Revised:3/02107
507639.2
"CITY"
City alm Springs
Date: By:
le 11. clan
Manager, Office of Sustainability
APPROVED BYE
A to2g z— :acv r ,+eve
GAT Cam' "CONSULTANT"
Hocker Productions, Inc.
Date: I 1 zo y By : 4
er
Principal
Dzu
a1, zz,
g Revised:3/02/07
5076AI
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICESMORK
Including,
Schedule of Fees
And
Schedule of Performance
9 Revised:3102/07
1076392
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General Description: Consultant shall provide event management services including;
1. Assist with marketing including; poster placement at all exhibitor store
fronts, radio and television interviews, cross promotion with other local
events and email blasts for the following aspects of the Cycledelic Lunar
Ride and Festival:
a. Bike Events — 5 and 10 Mile
b. Wellness Area Exhibitors including Food Purveyors
c. Physical activity and fitness demonstrations
2. Outreach to local community groups/businesses as listed in sections
3. Outreach to local groups/businesses presenting the opportunities to
participate by providing 800 samples or coupons for goodie bag insertion.
4. Provide a printable Map Layout of festival area including
a. Sports related exhibitors
b. Food and supplement Area
c. Physical activity and fitness display area including stage placement
5. Provide to the Office of Sustainability a list of service organizations, not-for-
profits and businesses that contractor has contacted and secured by
September 22, 2014.
6. Outreach to local community groups presenting the opportunities for display
in the festival exhibit area including
7. Secure local groups/business participation in festival exhibit area including:
a. Exhibitor opportunity distribution to local businesses
b. Secure health related businesses to exhibit including; Sports Medicine,
Massage, Dialysis, Blood Bank, Walk In Clinics and Urgent Care, Running
Stores, Bike Shops, Healthy Living Centers, Health Food Stores, Food
purveyors. etc.
8. Manage and secure on site fitness demonstrations held during event
including production of schedule and assignment of talent
9. Create Signage templates or actual signs for exhibitor areas
10 Revised:3102107
S016392
10. All Day of coordination of exhibit and festival area
11.Duties may include appeals for Runner registration
Costs: The budget for the duties as described for the second 2014 Cycledelic and will
be paid in 2 installations. The $2800.00 cost includes all materials necessary to provide
services with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within sixty (60) days after the execution of this
Agreement by all parties, unless extended by mutual written agreement of the parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work immediately upon the full execution of this
Agreement.
The exhibit area and festival plan will be delivered (30) days after the execution of this
Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Event Management of the Cycledelic Part Two for the City of Palm
Springs shall be as follows:
A partial payment, in an amount up to 50% may be submitted after the delivery of
approved timeline and plans (by September 22, 2014) and shall be payable within 30
days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
Revised:3102/07
5076392
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
12 Revised:3102W
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, 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 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 extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the 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 the 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 the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) general aggregate; K
ce-vvithrtimtts'Qf
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.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
13 Revised:3102/07
507639.2
B. Errors and Omissions Coverage. 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, or
equivalent coverage with another company, 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 the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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.
D. Verification of Coverage. Consultant shall furnish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
14 Revised:=2107
507639.2
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.
E. 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 the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, 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.
F. 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.
15 Revised:WOV07
CERTIFICATE OF LIABILITY INSURANCE °04122/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(IBS)must be endorsed. If SUBROGATION 15 WAIVED,subject to the
terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights tO the
carts icato holder in lieu of such endorsement(s).
PRODUCER JON LAM UWCT Lie ."
STATEFARMINSURANCE PHONE
o-EN:141 513 31-1002
�a¢.Npy,41 331-3090 _
Q3000 BRIDGEWAY STE 108 ^'µEns:IiaPionlam.cgm
SAUSALITO,CA 94965 INSIIRER151 YFGOR°INGCOVERA°C HAM
INSURER State Farm General ln_s,,Rmce Cornpany
1MSORG° Jeff Hacker,Hacker Productlons INSURERS:
1500 South Celle Palo Fierro INSURERC:
Palm Springs,CA 92264 INSURER D:_
INSURER E:
INSURERP:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTR.ACI OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LLTIR
R TYPE OF INSURANCE AODLg JOR PoLICYNUNBER MOLIp EFICY IXPNO LINE
OMNERALUMBILITY Q❑I 97.6$4539.6G 1IM112013 11ID1201e EACH OCCURRENCE S 1,DOO,DOD
X COMMERCIAL GENEML UMILRY
PREMICE&IEe ttcwrenu P
CUUNI NNE Dx OCCUR IAEDEXP(AOy Mmnn) 5 51000
PERSONAL&A➢VINJURY $
GENERALAGGREGATE S 2,DOD000
GERL AGGREGATELIMIT APPLIES PER'. PROOUCT9-CON_ PMPAGG S 2,000,000
�Im, PRO L� I BUSH PROP s S,Tpp 1/11
AUrOMOBNE IUBILITY Ee ardtlant S �I
AN AU OWNED AUTO eODILYINJIJRYftp0N0n) S �ILr�/Rr
SCIEID D
AUTOS AViOG BODILY INJURY IPN acadw0 g 1
NOMOVMED PROP9RIY ON.IAC# _ �`/Vy)llt1yF/
MREDAUTO$ AUTOS i. Per e[<HOnI 5 _ •�`
S
Da6RFLlAllAO OCCUR i EACH OCCU04TERRENCE 1_S
EXCESS IIAB CLMMRlMDE'
AGGRE _ $ AL-
RETENTION S I g O``
WOPXEPB CONPENIS CN WC ATW OTH-
ANDERPLOYERSUABIIIiY YIN NOT COVERED BY uER
ANY PROPRIETOWAARTNEXrE%EWTIV[
CFPICFIMEMAER MITS
EXCWDEDt ❑ NIA❑ STATE FARM E.L.EACH ACCIDENT 5
(MandMory M NH) ELOISEASETEAEWLOY 5
nY.:,d.ampv umn
F I E.L DISEASE-POLICY OMIT $
I
DESCRIPTION OF WERATONS I LOCXRCNIS I VEHICLES(Anw11 ACORD 101,A&11 a al Remo q SCMdule.N mm apm Is IpuWd)
primary and non.00nhibulory
CERTIFICATE HOLDER CANCELLATION
City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
3200 East Tahquitz Canyon Way ACCORDANCE WITH THC POLICY PROVISIONS.
Palm Springs,CA,92262
AUIHORIIEDREPRESENYATVE
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001466 132849.7 03-01.2012
KG3u Policy No.: 97-BS-X539-6 r_-seoe
SECTION II ADDITIONAL INSURED ENDORSEMENT O
Policy No.: 97-BS-X539-6
Named Insured: Jeff Hocker, Hocker Productions
Additional Insured (include address):
CITY OF PALM SPRINGS
3200 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as
an insured the Additional Insured shown above, but only to the extent that liability is imposed on that
Additional Insured solely because of your work performed for that Additional Insured shown above.
Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a
suit brought for damages for which you are provided coverage.
The Primary Insurance coverage below applies only when there is an "X" in the box.
® Primary Insurance.The insurance provided to the Additional Insured shown above shall be
primary insurance. Any insurance carried by the Additional Insured shall be noncontributory
with respect to coverage provided to you.
All other policy provisions apply.
FE-6609
Pnntetl in U.S A.
Policy Number DECLARATIONS PAGE AMENDED NOV 1 2013 5tateiarn
97-BS-X539-6
STATE FARM GENERAL INSURANCE COMPANY
900 OLD RIVER RD., BAKERSFIELD CA 9331 1-950 1
A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS
Named Insured and Mailing Address
02-2913-FB14 R
HOOKER,JEFF
DBA HOCKER PRODUCTIONS
1500 S CALLE PALO FIERRO
PALM SPRINGS CA 92264-8814
Cov A -Inflation Coverage Index: N/A
BUSINESS POLICY - SPECIAL FORM 3 Cov B -Consumer Price Index: 233.5
AUTOMATIC RENEWAL - if the POLICY PERIOD is shown as 12 MONTHS, this policyy will be renewed automatically
subject to the remiums, rules and forms in effect for each succeeding policy period. If fhis policy is terminated, we will
give you and t9ie Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law.
Policy Period: 1 Year The policy period begins and ends at 12:01 am standard time at the
Effective Date: NOV 1 2013 premises location.
Expiration Date: NOV 1 2014
Named Insured: Individual
Your policy is amended NOV 1 2013
ADDITIONAL INSURED ADDED
Location of Covered Premises: PREMIUM ADJUSTMENT
1500 S CALLE PALO FIERRA ENDORSEMENT FE-6609 ADDED
PALM SPRINGS CA 92264-8814
Coverages & Property Limits of Insurance
Section I
A Buildings Excluded
B Business Personal Property $ 5,700
C Loss of Income - 12 Months $ Actual Loss
Section II Deductibles - Section I
L Business Liability $ 1,000,000
M Medical Payments $ 5 000 $ 1,000 Basic
Products-Completed Operations $ 2,000,000
(PCO)Aggregate
General Aggregate (Other $ 2,000,000
Than PC ) In case of loss under this policy, the deductible will be
applied to each occurrence and will be deducted from the
amount of the loss. Other deductibles may apply - refer to
policy.
Forms, Options, and Endorsements Endorsement Premium None
Special Form 3 FP-6143 Audit Period: Annual
Section it Additional Insured FE-6609
Amendatory Endorsement FE-6205 Discounts Applied:
Tree Debris Removal FE-6451 Renewal Year
Policy Endorsement FE-6506.2 Years in Business
Policy Endorsement-Business FE-6464 Claim Record
Glass Deductible-Section I FE-6538.1
New Form Attached
Continued on Reverse Side of Page
Prepared OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY
MAY 05 2014 Countersigned
FP-8030.2C LOCK By Agent
0611993 JON LAM
Your policy consists of this page,any endorsements (a 15)331-10o2
and the policy form.PLEASE KEEP THESE TOGETHER.
Policy Number 5tateFarn
9l-HS-X539-6 (��1/��}r[�l�
CONTINUED FROM FRONT SIDE
WSINESS POLICY- SPECIAL FORM 3
_orms,Options,and Endorsements
orrorism IInsurance Gov Notice FE-6999.1
lmendatory Collapse FE-6551
'olicy Endorsement-Business FE-6610
logistered Domestic Partnrship FE-5383
)ist Mat violat Statues Excl FE-6655
0hcy Endorsement FE-6656
ncr Cost and Demolition Cov FE-6645
luilding Coverage for Tenants FE-6859
Aandatory Reportng Endorsement FE-5801
'olicy Endorsement-Business FE-6851
emend Endorsement-California FE-6644
IMPORTANT NOTICE:
California law requires us to provide you with information for filing complaints with the State Insurance
Department regarding the coverage and service provided under this policy.
Complaints should be filed only after you and State Farm or your agent or other company representative
have failed to reach a satisfactory agreement on a problem.
Please forward such complaints to: California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
repared Or calf toil free: 1-800-927-HELP
IAY 05 2014
(Otr2176c) (a112175b)
Form W'9 Request for Taxpayer Give form to the
inev.October 2007) Identification Number and Certification requester. Do not
rxpanmem or the rreasury send to the IRS.
Ntmal Pavenue Santee
Name I"shown on your Income tax return)
Jeffrey Michael Hooker
Buslrress name,a tlikerant horn above .
[i a Chev_k appmoatii box: ® IrgrviduaVSde propdetor ❑ Corporation ❑ Partnership E%empt
.F 0 Limited lability company.Enter Iris,tax classification tC^dWegerded entity,C=carporatlon,P--Partnership)► ------- ❑ payan
`c ❑ 0aie yee invweons)►
Address(number,street,and apt.or suite no) Requesars mme end W& 3e ioixonap
d-c 1500 Calls Palo Fierro
yy City,etatii,and 21P code
rS Palm Springs,CA 92264
w List account numbers)here(optional)
07
EYM Taxisayer Iderrtitjcation Number(TIN)
Enter your TIN in the appropriate box-The TIN provided must match the name given an Line 1 to avoid social security number
backup withholding. For individuals,this is your social security number(SSN).However,for a resident 553 : 63 i 8578
alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it Is
Vow employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or
Nam if the account is in more than one name,$ea the chart on page 4 for guidelines on whose Employer Identification number
number to enter.
Certification
Under penalties of perjury,I ocrtify,that:
t. The number shown on this torte is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the internal
Revenue Service QRS)that I am subject to backup withholding as a result of a failure to report all interest w dividends,or(c)the IRS has
noted me that 1 am no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other V.S.person(defined below).
Certification instructions.you must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.
For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally,payments other than nterest and livid ds,you are not required to sign the Certification, but you must
provide your correct TIN.See the' Iauclionrs c 4.
Sign 319naWre Pf +� {
Here u.a peraen► oats► 7
General Instruct' ; Definition of a U.S. person. For fadaral tax purposes, you are I
considered a U.S.person it you are:
Section references are to the Intent IR arise Code unless otherwise noted. a An individual who is a U.S.citizen or U.S,resident alien,
e A partnership,corporation,company,or association created or
Purpose of Form organized in the United states or under the laws of the United
A person who is required to file an information return with the States.
IRS must obtain your correct taxpayer identification number(TIN) a An estate(other than a foreign estate),or
to report,for example,Income paid to you,real estate e A domestic trust(as defined in Regulations section
transactions,mortgage Interest you paid,acquisition or 301.7701-7).
abandonment of secured property,cancellation of debt, or
contributions you made to an IRA Special rules for partnerships.Partnerships that curiduct a
Use Form W-9 only 8 you are a U.S.person(including a trade or business In the United States are generally required to
resident alien),to provide your correct TIN to the person pay a withholding tax on any foreign partners'share of income
requestingit therequester)and,when applicable,to: from such business. Further, In certain cases where a Form W-9
( PP has not been received,a partnership is required to proaume that
1.Certify that the TIN you are giving is correct(or you are a partner is a foreign person, and pay the withholding tax.
wafting for a number to be issued), Therefore,if you are a U.S.person that is a partner in a
2.Certify that you are not subject to backup withholding,or partnership conducting a trade or business in the United States,
provitle Form W-9 to the partnership to establish your U.S.
3.Claim exemption from backup withholding If you are a U.S. status and avold withholding on your share of partnership
exempt payee.if applicable,you are also certifying that as a income.
U.S.Person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding
foreign partners'share of effectively connected income. on its allocable share of net Income from the partnership 9
Note.If a requester gives you a form other than Form W-9 to conducting a turtle or business in the United States is in the
request your TIN,you must use the requester's form If it Is following cases:
substantially similar to this Form W-9. a The U.S.owner of a disregarded entity and not the entity,
Cat,No.JU31X Form W-9 (Rev.10-20071
Certificate of
Exemption
Workers' Compensation Insurance
ITO: City of Palm Springs
ATTN. City Clerk and Risk Manager
SUBJECT: Sofe Proprietor/Partnership/Closely Held Corporation with No Employees
i
I
I
Please let this memorandum notify the City of Palm Springs that I am a
x sole proprietor
❑ partnership
❑ closely held corporation
and do not have any employees whose employment requires me to carry workers'
compensation insurance. Therefore, I do not carry workers' compensation insurance
coverage. I further warrant that 1 understand the requirements of Section 3700, at seq.,
of the California Labor Code with respect to providing Workers' Compensation coverage
for any employees. I agree to comply with the code requirements and all other
applicable laws and regulations regarding workers' compensation, payroll taxes, FICA
and tax withholding and similar employment issues. 1 further agree to hold the City of
Palm Springs harmless from loss or liability which may arise from the failure to comply
with any such laws or regulations.
Teff Hocker Risk Manag nt Approval:
Contractor Signature
Jeff Hocker, Hocker Productions
Printed Name of Contractor
/ 7
Date
Date
BRISTOL WEST INSURANCE SERVICES OF CALIFORNIA,INC.
underwritten by
COAST NATIONAL INSURANCE COMPANY
PERSONAL-AUTO RENEWAL DECLARATION(Page 2)
PA.BOX 2E-9080
HOLLY L 33022 IaQLICY,L1)QMBE Brab� y Ta ?s
1-888-888-00389-0080 jN
GD0532995506 07/14/I4 12 01/14/1512:ola.m
Inquire or pay your bill online using www.bris1olw*s1zum f.r.ad n,nons.
Named Insured: 0444887
JEFF ROCKER HENDRY,BRYAN
1500 S CALLE PALO FIERRO 400 S FARRELL DR STE B100
PALM SPRINGS CA 92264-8814 PALM SPRINGS CA 92262-7961
Telephone:760-333-9664
PRE
Year/Make/Model: 2004 TOYT AVALON XL/XLS 4D State: CA Vehicle Use: Pleasure
Vehicle Identification#: 4TIBF28B04U343751 Territory: 069 Symbol: 00
Driver:JEFF HOCKER Mileage: 8000
License Number:C0457871 Rate Class: SM34 Gender: Male
License State:CA Years Experienced:34 Ace/Conv Totals: 00/00 Birth: 02/14/64
Surcharges: SR22: N Marital Status: Single
Discounts:MULTI-POLICY(AUTO+HOME I),GOOD DRIVER
Go Paperless:NOT ENROLLED
Garaging LOcatioa;2004 TOYT AVALON XL/XLS 1500 S CALLE PALO REPRO PALM SPRINGS,CA 92264
Loss Payee:CAR CASH LOANS 1919 S LA CIENEGA BLVD LOS ANGELES,CA 90034
Additional Interest:N/A
The premium on the expiring policy term was based on this vehicle having been driven 8000 miles per year. The premium on the renewal
policy term is based on estimated mileage of 8000 in the next year.
*Per Person *Per Accident
Coverage Limit Limit **Premium Deductible
BODILY INJURY 100,000 300,OOD 93.00
PROPERTY DAMAGE 100,00o 98.00
UNINSURED MOTORIST BODILY INJURY 30,000 60,0()0 16.00
OTHER THAN COLLISION (Actual Cash Value of 42.00 500
vehicle up to$70,000 maximum)
COLLISION(Actual Cash Value of vehicle up to 145.00 500
$70,000 maximum)
UNINSURED MOTORISTS WAIVER OF COLLISION DEDUCTIBLE 9.00 500
**Excludes all fees including the policy fee,fraud fee,SR22 fee(if applicable)and installment/EFT fees(if
applicable). n ,
Authorized SigaaNre
CN-CA-BO-303(08/12) Issued Date:06/10/14 Page L of 3
CONSULTING SERVICES AGREEMENT
(Jeff Hocker and Associates)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this 24th day of October 2013, by and between the City of Palm
Springs, a municipal corporation ("City"), acting by and through its City Manager, or his
designee, a Contract Officer of the City ("City"), and Jeff Hocker and Associates, Inc.
("Consultant").
RECITALS
A. The City requires the services of Event Production Consultant for the Td
Annual Mayor's Healthy Planet Healthy You Race and Wellness Festival ("Project").
B. Consultant has submitted to the City a proposal to provide Event
Production Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which 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 in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
507639.2 Revised:3/02107
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit "A," which shall not exceed $3,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City consistent
with this Agreement, within thirty(30) days of receipt of Consultant's invoice.
3.3 Chanoes. In the event any change or changes in the Scope of
ServicesMork is requested by the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily fumished in accordance with generally accepted practice in Consultant's
profession.
5076392 2 Revised:3/02107
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is January 13, 2014.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until January 13, 2014,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the 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 hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
507639.2 3 Revised:3102/07
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assianment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, 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:
Jeff Hocker Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the 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
4 Revised:3/02/07
507639.2
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under 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 Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies
thereof shall be promptly furnished to the 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
507639.2 5 Reis d.3102107
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
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.
9.3 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.
9.4 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
hereunder 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
507639.2 6 Revised:3/02107
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.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Jeff Hocker and Associates
Attention: Jeff Hocker
1500 Calle Palo Fierro
Palm Springs, CA 92264
Ph: 760-320-5272
Fax: 760-320-5373
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 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.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
7 Revised:3/02107
50763U
"CITY"
City Im S rin s
Date:
By:
Mic ele ian
Manag r, Office of Sustainability
"CONSULTANT"
Jeff Hocker and Associates, Inc.
Date: / Z2 20/2y
Jeff , er
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Principal
Date:
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507630.2 8 Revised:=2/07
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
507639.2 9 Revised:3l02(07
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General Description: Consultant shall provide event management services including;
1. Assist with marketing including; poster placement at all exhibitor store
fronts, radio and television interviews, cross promotion with other local
events and email blasts for the following aspects of the Mayor's Healthy
Planet, Healthy You Race and Wellness Festival:
a. Race Events— 10 Mile, 5 K and Kids Fun Run
b. Children's area
c. Wellness Area Exhibitors including Food Purveyors
d. Physical activity and fitness demonstrations
2. Outreach to local community groups/businesses as listed in sections 6.b.,
7.b. and 8.b, presenting the opportunities to participate as runners or
walkers.
3. Outreach to local groups/businesses presenting the opportunities to
participate by providing 800 samples or coupons for goodie bag insertion.
4. Provide a printable Map Layout of wellness festival area including
a. Children's area
b. Health Testing Village
c. Sports related exhibitors
d. Wellness and Medical Area Exhibitors
e. Food and supplement Area
f. Physical activity and fitness display area including stage placement
5. Provide to the Office of Sustainability a list of service organizations, not-for-
profits and businesses that contractor has contacted and secured by
November 21, 2013. Review exhibitor list prior to contact to avoid duplication
and receive City staff approval to commence exhibitor and sponsor requests.
6. Outreach to local community groups presenting the opportunities for display
in the wellness festival exhibit area including
a. Exhibitor Packet distribution to local service organizations
b. Secure minimum of 5 community service organizations— e.g., Kiwanis,
Rotary, Lions Club, American Legion, Shdnees, Soroptimist , PS Women's
Club, Les Dames d'Escoffier, Palm Springs Chapter, etc.
10 Revis d:3/02/07
507639.2
7. Secure local groups/business participation in wellness festival exhibit area
including:
a. Exhibitor Packet distribution to local businesses
b. Secure minimum of 25 health related businesses to exhibit including;
Sports Medicine, Massage, Dialysis, Blood Bank, Walk In Clinics and
Urgent Care, Running Stores, Bike Shops, Healthy Living Centers, Health
Food Stores, Food purveyors. etc.
8. Secure local not for profit groups participation in wellness festival exhibit
area including
a. Sponsorship/Exhibitor Packet distribution to not for profit organizations
b. Secure minimum of 10 not for profit organizations—e.g., HEAL Network,
Desert Regional Medical Center, 100 Women, Habitat for Humanity,
Gilda's Club, SOS, Stroke Recovery Center, United Way, Incight, The
Coachella Valley Alumni Panhellenic, Lindsey Sowles Foundation, Desert
AIDS Project, Shelter from the Storm, Forever Free Horse Rescue, Desert
Cancer Foundation, Olive Crest, Go Red for Women, etc.
9. Manage and secure on site fitness demonstrations held from 8 AM to 11 AM
during wellness event including production of schedule and assignment of
talent
10.Create Signage templates or actual signs for exhibitor areas including
a. Provide wellness festival signage including; directional signs, Table
Tent/vendor booth labels for each exhibitor table designated; Exhibitor
Registration and Check-In; and booth placement ground marking
11. All Day of coordination of exhibit and wellness festival area
12.Duties may include appeals for Runner registration
Costs: The budget for the duties as described for the 2014 Mayor's Healthy Planet
Healthy You Race is $3,000.00 and will be paid in 2 installations. A retainer of $1,500
will be paid on November 21, 2013 as a retainer with the balance due paid by January
11, 2014. The $3,000.00 cost includes all materials necessary to provide services as
described in the attached Scope of Work with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within sixty (60) days after the execution of this
Agreement by all parties, unless extended by mutual written agreement of the parties.
507639.2 11 Revised:3/02/07
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work immediately upon the full execution of this
Agreement.
The exhibit area and wellness fair plan will be delivered (30) days after the execution of
this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Event Management of the Mayor's Healthy Planet Healthy You
Wellness Festival for the City of Palm Springs shall be as follows:
A partial payment, in an amount up to 50% may be submitted after the delivery of
approved timeline and plans (by November 21, 2013) and shall be payable within 30
days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
507639.2 12 Revised:3102107
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
507639.2 13 Revised:3/02/07
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, 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 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 extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the 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 the 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 the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) 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; and,
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.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
507639.2 14 Revised:3/02/07
B. Errors and Omissions Coveraae. 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, or
equivalent coverage with another company, 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 the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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.
D. Verification of Coveraae. Consultant shall furnish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
5075391 15 Revised:3102107
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.
E. 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 the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, 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.
F. 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.
16 Revised:3/02107
5076A2
Ab�32�
CONSULTING SERVICES AGREEMENT
(Jeff Hocker and Associates)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made
and entered into this 24th dayof October 2013 b and between the City of Palm
. Y Y
Springs, a municipal corporation ("City"), acting by and through its City Manager, or his
designee, a Contract Officer of the City ("City'), and Jeff Hocker and Associates, Inc.
("Consultant').
RECITALS
A. The City requires the services of Event Production Consultant for the 3rd
Annual Mayors Healthy Planet Healthy You Race and Wellness Festival ("Project').
B. Consultant has submitted to the City a proposal to provide Event
Production Consultingservices pursuant to the terms of this Agreement.
P 9
C. Based on its experience, education training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services' or "work"), which 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 in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
] Revised:3102/07
507639.2
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A" which shall not exceed $3,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City consistent
with this Agreement, within thirty (30) days of receipt of Consultant's invoice.
3.3 Chanaes. In the event any change or changes in the Scope of
Services/Work is requested by the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
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.
2 Revised:3102107
5076391
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is January 13, 2014.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until January 13, 2014,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the 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 hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
3 Revised:3102107
507639.2
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
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 the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, 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:
Jeff Hocker Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the 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
q Revised:3/02/07
507639.2
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under 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 Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies
thereof shall be promptly furnished to the 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
5 Revised:3102107
507639.2
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
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.
9.3 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.
9.4 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any .time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
hereunder 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
Revised:3/02/07
507639.2
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.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Jeff Hocker and Associates
Attention: Jeff Hocker
1500 Calle Palo Fierro
Palm Springs, CA 92264
Ph: 760-320-5272
Fax: 760-320-5373
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 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.
11.5 Authori . The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
7 Revised:3102/07
5076392
IcIrY1f
city Im s is
Date: /� By:
el I n
A—j Manager, Office of Sustainability
I
"CONSULTANT"
Jeff Hooker and Associates, Inc.
Date: I Z2 20
i
Ys
Jeff er
Principal�������•V
Date:
APPROVED By DEPARMea HEAD
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itY Atton+e
iv z 3'�13
507630.2 8 RevisW:3102107
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICESMORK
Including,
Schedule of Fees
And
Schedule of Performance
9 Revised:3/02107
507639.2
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General Description: Consultant shall provide event management services including;
1. Assist with marketing including; poster placement at all exhibitor store
fronts, radio and television interviews, cross promotion with other local
events and email blasts for the following aspects of the Mayor's Healthy
Planet, Healthy You Race and Wellness Festival:
a. Race Events — 10 Mile, 5 K and Kids Fun Run
b. Children's area
c. Wellness Area Exhibitors including Food Purveyors
d. Physical activity and fitness demonstrations
2. Outreach to local community groups/businesses as listed in sections 6.b.,
7.b. and 8.b, presenting the opportunities to participate as runners or
walkers.
3. Outreach to local groups/businesses presenting the opportunities to
participate by providing 800 samples or coupons for goodie bag insertion.
4. Provide a printable Map Layout of wellness festival area including
a. Children's area
b. Health Testing Village
c. Sports related exhibitors
d. Wellness and Medical Area Exhibitors
e. Food and supplement Area
f. Physical activity and fitness display area including stage placement
5. Provide to the Office of Sustainability a list of service organizations, not-for-
profits and businesses that contractor has contacted and secured by
November 21, 2013. Review exhibitor list prior to contact to avoid duplication
and receive City staff approval to commence exhibitor and sponsor requests.
6. Outreach to local community groups presenting the opportunities for display
in the wellness festival exhibit area including
a. Exhibitor Packet distribution to local service organizations
b. Secure minimum of 5 community service organizations — e.g., Kiwanis,
Rotary, Lions Club, American Legion, Shriner's, Soroptimist , PS Women's
Club, Les Dames d'Escoffier, Palm Springs Chapter, etc.
10 Revised:3/02107
507639,2
7. Secure local groups/business participation in wellness festival exhibit area
including:
a. Exhibitor Packet distribution to local businesses
b. Secure minimum of 25 health related businesses to exhibit including;
Sports Medicine, Massage, Dialysis, Blood Bank, Walk In Clinics and
Urgent Care, Running Stores, Bike Shops, Healthy Living Centers, Health
Food Stores, Food purveyors. etc.
8. Secure local not for profit groups participation in wellness festival exhibit
area including
a. Sponsorship/Exhibitor Packet distribution to not for profit organizations
b. Secure minimum of 10 not for profit organizations—e.g., HEAL Network,
Desert Regional Medical Center, 100 Women, Habitat for Humanity,
Gilda's Club, SOS, Stroke Recovery Center, United Way, Incight, The
Coachella Valley Alumni Panhellenic, Lindsey Sowles Foundation, Desert
AIDS Project, Shelter from the Storm, Forever Free Horse Rescue, Desert
Cancer Foundation, Olive Crest, Go Red for Women, etc.
9. Manage and secure on site fitness demonstrations held from 8 AM to 11 AM
during wellness event including production of schedule and assignment of
talent
10.Create Signage templates or actual signs for exhibitor areas including
a. Provide wellness festival signage including; directional signs, Table
Tent/vendor booth labels for each exhibitor table designated; Exhibitor
Registration and Check-In; and booth placement ground marking
11. All Day of coordination of exhibit and wellness festival area
12.Duties may include appeals for Runner registration
Costs: The budget for the duties as described for the 2014 Mayor's Healthy Planet
Healthy You Race is $3,000.00 and will be paid in 2 installations. A retainer of $1,500
will be paid on November 21, 2013 as a retainer with the balance due paid by January
11, 2014. The $3,000.00 cost includes all materials necessary to provide services as
described in the attached Scope of Work with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within sixty (60) days after the execution of this
Agreement by all parties, unless extended by mutual written agreement of the parties.
]� Revised:3/02107
5076A7
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work immediately upon the full execution of this
Agreement.
The exhibit area and wellness fair plan will be delivered (30) days after the execution of
this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Event Management of the Mayor's Healthy Planet Healthy You
Wellness Festival for the City of Palm Springs shall be as follows:
A partial payment, in an amount up to 50% may be submitted after the delivery of
approved timeline and plans (by November 21, 2013) and shall be payable within 30
days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
12 Revised:3102107
507639.2
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
13 Revised:3/02/07
507639.2
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, 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 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 extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the 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 the 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 the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) 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; and,
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.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
14 Revised:3/02107
507639.2
B. Errors and Omissions Coverage. 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, or
equivalent coverage with another company, 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 the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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.
D. Verification of Coverage. Consultant shall furnish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurers waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
15 Revised:3102/07
107639.2
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.
E. 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 the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, 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.
F. 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.
16 Revised:3/02107
507639.2
Ab�3a
CONSULTING SERVICES AGREEMENT
(J. Hocker and Associates)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this 15th day of February 2013, by and between the City of Palm
Springs, a municipal corporation ("City"), acting by and through its City Manager, or his
designee, a Contract Officer of the City ("City"), and J. Hocker and Associates, LLC.
("Consultant").
RECITALS
A. The City requires the services of Event Production Consultant for the 2nd
Annual Mayor's Healthy Planet Healthy You Race and Wellness Festival ("Project").
B. Consultant has submitted to the City a proposal to provide Event
Production Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which 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 in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
Revised:3/02/07
507639.2
1.3 Licenses and Permits. Consultant 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 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
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A"which shall not exceed $2,500.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City 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 the 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 fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
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.
2 Revised 3/02/07
507639.2
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is April 27, 2013.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 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
Consultant, 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 Consultant 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.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of ninety
(90) days from the execution date of the agreement, unless extended by mutual
written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Jeff Hocker. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the 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 hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
3 Revised:3/02/07
507639.2
and Consultant shall refer any decisions that must be made by the City to the Contract
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
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 the City to enter into this Agreement.
Therefore, Consultant 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
the 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 the
City.
5.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the 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 the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, 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:
Jeff Hocker President/Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the 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"),
q Revised:0/02/07
507639.2
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
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under 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 Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. 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 the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
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 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 the City and copies
thereof shall be promptly furnished to the City upon request.
9. ENFORCEMENT OF AGREEMENT
5 Revised:3102/07
507639.2
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 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 the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
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.
9.3 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.
9.4 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.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
hereunder 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
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5076392
10.2 Covenant Against Discrimination. Consultant 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.
11. MISCELLANEOUS PROVISIONS
11.1 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: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: J. Hocker and Associates, LLC
Attention: Jeff Hocker
1500 Calle Palo Fierro
Palm Springs, CA 92264
Ph: 760-320-5272
Fax: 760-320-5373
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 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.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
7 Revised:3/02107
507639.2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"CITY"
City alm Springs
Date: � �� By:
Mic C.
Manager; Office of Sustainability
"CONSULTANT"
J. Hocker and Associates, LLC
Date: _2/15/2013 By W NOZ&A
Jeff Hocker
President/Owner
APPROVED BY DEPARMENT HEAD
TO FORM
ATTEST: AtioY �`
C Clerk Oate
8 Revised:3/02107
507639.2
The Consultant proposal and specifications for the Event Management for the City's
"Project" are as follows:
General . Description: Consultant shall provide event management services as
described in the attached Scope of Work.
Costs: The $2,500.00 cost includes all materials necessary to provide services as
described in the attached Scope of Work with exception of equipment rental.
Timeline: The project timeline, list of exhibitors, commitment forms and volunteer
assignments will be completed within ninety (60) days after the execution of this
Agreement by all parties, unless extended by mutual written agreement of the parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the work as described in the attached Scope of Work
("Project"), after the full execution of this Agreement.
The exhibit area and wellness fair plan will be delivered (30) days after the execution of
this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
- 10 Reviudi 3/02/07
507639.2 - -
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
9 Reviud:3/02/07
507639.2
4 Q�,LSMY YpL
w y 2013 HEALTHY PLANET HEALTHY YOU
MAYOR'S RACE
WELLNESS FESTIVAL COORDINATOR
�r SCOPE OF WORK
40
City of Palm Springs
Office of Sustainability
Michele C. Mician
3200 East Tahquitz Canyon Way
Palm Springs, CA 92264
Scope for Proposal to Coordinate
Mayor's Healthy Planet Healthy You Wellness Festival
With its brand as Your Sustainable City the City of Palm Springs is emerging as the
premier sustainable city in the Valley. The City of Palm Springs seeks to deliver
educational programs and events that inspire residents, business and all community
members to save resources and improve the environmental welfare of our City while
creating occasion that are events to remember. The Mayor's Race aims to be an annual
event that inspires constituents to see the connection between their own wellbeing and
that of our planet.
Event details
Proposed event: Mayor's Race
Organizers: City of Palm Springs, Office of Sustainability
Location: City of Palm Springs Wellness Park and Ruth Hardy Park Date/Time:
April 20, 2013
Duration: 8 hours total day of event, up to 100 hours pre-event
This scope outlines the details desired for the coordination of the wellness festival
including;
1. Provide a Schematic of wellness festival area including
a. Children's area
b. Health Testing Village
c. Sports related exhibitors
d. Wellness and Medical Area Exhibitors
e. Food and supplement Area
f. Physical activity and fitness display area
g. Stage placement for fitness class demonstrations
2. Provide a list of service organizations, not-for-profits and businesses that
contractor will contact by March 8, 2013 and prior to contact to avoid
duplication and receive City staff approval to commence exhibitor and
sponsor requests
3. Outreach to local community groups presenting the opportunities for
sponsorship or display in the wellness festival exhibit area including
a. Sponsorship/Exhibitor Packet distribution at local service organization
events and meetings
b. Secure minimum of 5 community service organizations — e.g., Kiwanis,
Rotary, Lions Club, American Legion, Shriner's, Soroptimist Les Dames
d'Escoffier, Palm Springs Chapter, etc.
4. Outreach to local groups/businesses presenting the opportunities for
sponsorship and participation in the wellness festival exhibit area including:
a. Sponsorship/Exhibitor Packet distribution to local businesses
b. Secure minimum of 30 health related businesses to exhibit at Wellness
Festival including; Sports Medicine, Massage, Dialysis, Blood Bank,
Eisenhower Walk In, Running Stores, Bike Shops, Healthy Living Centers,
Health Food Stores, Food purveyors. etc.
5. Outreach to local not for profit groups presenting the opportunities in the
wellness festival exhibit area including
a. Sponsorship/Exhibitor Packet distribution at local not for profit organization
events and meetings
b. Secure minimum of 10 not for profit organizations — e.g., HEAL Network,
Desert Regional Medical Center, 100 Women, Habitat for Humanity, Gilda's
Club, SOS, Stroke Recovery Center, United Way, Incight, The Coachella
Valley Alumni Panhellenic, Lindsey Sowles Foundation, Desert AIDS
Project, Shelter from the Storm, Forever Free Horse Rescue, Desert Cancer
Foundation, Olive Crest, Go Red for Women, etc.
6. Outreach to local faith based group, community service organizations, not
for profit groups presenting the opportunities to volunteer pre and post race
a. Volunteer forms distributed at events, meetings and fairs
b. Secure minimum of 50 volunteers
7. Providing a suggested VIP invite list
8. Promotion of event to local businesses.
a. Poster Placement at 25 or more venues
9. Create Signage templates or actual signs for exhibitor areas including
a. Exhibitor Registration and Check-In
b. Table Tent for each exhibitor table designated
10.Assist in creating overall wellness festival signage and suggesting leads to
staff
11.Provide supply lists, signage and exhibitor needs to staff for purchase
12.Provide instructions and training for exhibit area volunteers
13.Create mini exhibit area at Rotary Spaghetti Dinner on Friday night pre-event
including
a. BMI testing
b. weigh-in
c. blood pressure
d. Sports drink or other give-away
14.Attend Spaghetti Dinner and provide additional staff support if needed
IS.Day of organize exhibitor area volunteers
16.Day of coordination of exhibit and wellness festival area overall
17.Duties may include appeals for Runner registration
Te�f Hock—----------2115/13
Jeff Hocker, Contractor Date
A"Wa,
_1/28/2013
Michele Mician, Sustainability Manager Date
Mayor's Healthy Planet, Healthy You
a
Race & Wellness Festival Production Schedule
Thursday, April 19 through Saturday, April 21 IV
8:00a.m. — Race Begins (Mayor to thank major sponsors, Alan Woodruff to announce start!)
8:30a.m. — Drill team to cheer runners at finish line
9:45a.m. —Award Ceremony on stage/Show Mobile — Mayor, Ginny Foat & Paul Lewin for
top 3 female and male winners. Remainder participants pick up their medallions on table
10:00a.m. — Power Yoga/Janet demo on the round
10:00a.m. — Kids Race begins with the Mayor
10:15a.m. — Cross Fit/TJ on stage/Show Mobile for cool down
10:00a.m. — Mayor walks the Wellness Park
11:00a.m. — Universal Yoga/Laughing Yoga demo on the round
11:00-11:20a.m. —Zumba/Laurie demo on the stage/Show Mobile
11:30-11:50a.m. — PSHS 6-piece jazz band on the stage/Show Mobile
12:00-12:20p.m. —TBD Blue Grass Band/Jonathon on the stage/Show Mobile
12:30p.m. — PSHS 6-piece jazz band on the stage/Show Mobile
1:00p.m. —Approx. event end time-Load out begins
1:00p.m. —City to pick-up Show Mobile
Production Crew Cell Phones
Contact Person Cell Number
Jeff Hocker 760-409-1530
Evelyn Vokal 760-668-5960
v,,,rxr roy
Mayor's Healthy Planet, Healthy You
3 �
Race & Wellness Festival Production Schedule
DAY OF EVENT
Saturday, April 20, 2013
Saturday, April 21
5:30a.m. - Production crew call time (City Staff& J. Hocker &Associates)
6:00a.m. - Remaining exhibitor set up (approx. 20-35)
6:45a.m. —Announcements to begin (Michele Mician/Jasmine Waits & Jeff Hocker to make
announcements and then introduce Mayor)
7:00a.m. —Yoga warm-up in the round
7:15a.m. —Jazzercise warm up on stage/Show Mobile
7:30 a.m. — Race 1 — 7 mile - Begins/Drill team to cheer runners
8:00 am — Race 2 begins -5 K
10:00a.m. —Yoga demo on the grass
10:15a.m. — Cross fit on stage/Show Mobile for cool down
11:00a.m. — Speaker—Scott Cole/Gundry etc on stage/Show Mobile
12:00p.m. —Approx. event end time-Load out begins
12:30p.m. — City to pick-up Show Mobile
City Related Cell Phones
Contact Person Cell Number
Michele Mician 941-448-4295
Jasmine Waits 760-902-5781
Vendor Related Cell Phones
Contact Person Cell Number
Jaime Perez/ Classic Party Rentals Office 760-343-5110 x105
Gary Calhoun 760-574-2582
Mayor's Healthy Planet, Healthy You
` Race & Wellness Festival Production Schedule
Thursday, April 19 throuEh Saturday, April 21
rroa+
Thursday, April 19
7:00a.m. - Sprinklers off a day in advance
12:00a.m. — Lane closure signs go up along Via Miraleste
Friday, April 20
12:30p.m. - Production crew call time (City Staff&J. Hocker & Associates)
1:00-4:00p.m. —Classic Party Rentals drops off tables, chairs, generator, tent etc.
3:00p.m. — Burrtec Portables — SE end of parking lot
3:30p.m. — Banners and signage to start going up
4:00p.m. -8:00a.m. — Maxwell Security
4:00p.m. — Early set up for exhibitors (approx. 15-20)
5:00p.m. — Spaghetti dinner at the Mizell Senior Center
Saturday, April 21
5:00a.m. —City Show Mobile to arrive and finish by 6:00a.m. (Jasmine on site along with
staff to patrol parking near tennis courts)
5:30a.m. - Production crew call time (City Staff& J. Hocker &Associates)
5:30-7:00a.m. — Distribution of tables/water for runners 2 tables @ 3 stations
5:45a.m. —Volunteers arrive for 6:00a.m. for shifts— Richard Campbell, Director
6:00a.m. - Remaining exhibitor set up (approx. 35)
6:45a.m. —Announcements to begin (Sponsor Recognition, DJ starting, Alan Woodruff)
7:00-7:20 a.m. — Power Yoga/Janet warm up on stage/Show Mobile
7:30a.m. — Mayor photos/Amy Blaisdell (50 kids from Boys & Girls Club photo)
7:30-7:50a.m. —Jazzercise/Cris Cross warm up on stage/Show Mobile
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Event Management of the Mayor's Healthy Planet Healthy You
Wellness Festival for the City of Palm Springs shall be as follows:
A partial payment, in an amount up to 50% plus reimbursable expenses may be
submitted after the delivery of approved timeline and plans and shall be payable within
30 days after delivery of the progress billing; payment of the remaining balance shall be
payable within 30 days after the delivery of final project completion.
1 Revis d 3/02107
507639,2
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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507639.2
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, 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 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 extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the 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 the 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 the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder 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 ($2,000,000) 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; and,
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.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
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 contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
13 Reviud:3/02/07
507639.2
B. Errors and Omissions Coverage. 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, or
equivalent coverage with another company, 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 the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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.
D. Verification of Coverage. Consultant shall furnish the 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. The 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 may be 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.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
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507639.2
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.
E. 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 the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, 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.
F. 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.
]5 Revised:3/02/07
507639.2