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HomeMy WebLinkAbout1/1/2011 - AGREEMENTS CONTRACT SERVICES AGREEMENT (Ryan Campbell) THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement")is made and entered into on F b�, 2019,by and between the City of Palm Springs,a California charter city and municipal co oration ("City"), and Ryan Campbell, a muralist, ("Contractor"). City and Contractor are individually referred to as"Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a muralist, for mural painting demonstration and education, ("Project"). B. Contractor has submitted to City a proposal to provide mural painting demonstration and education services,to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide mural painting demonstration and education, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations. 1.3 Licenses and Permits. Contractor 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. ORIGINAL BID AND/OR AGREEMENT Revised:1/31/18 720599.1 1.4 Familiarity with Work. By executing this Agreement, Contractor 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Contractor 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 Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed$24,500. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including,but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:1131118 720599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maienre. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate 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. 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 4.5 of this Agreement, this A eement shall continue in full force and effect for a period of two months, commencing on Ve Yupf 2019, and ending on A — 2019, unless extended by mutual written greement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor 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, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement,with or without cause,upon thirty (30)days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Ryan Campbell, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any 3 Revised:1/31118 720599.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role;however, City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Ryan Campbell Principal 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B",incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, 4 Revised:1131/18 720599.1 or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-professional sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non- design-professional sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 5 Revised:1/31118 720599.1 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor 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 Ownershiu of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor 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. Contractor shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6 Revimd:U3111e 720599.1 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise 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. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment,or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin(L e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further,that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, 7 Revised: 1131/1 B 720599.1 including without limitation the provision of benefits, relating to non-discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either parry desires, or is required to give to the other parry or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either parry may change its address by notifying the other parry of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Ryan Cambpell MOHTELDESIGN(a,YAH00.COM 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. $ Revised:1/31118 720599.1 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Parry is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: -6David H. Ready,PhD v- City Manager APPROVED AS TO FORM: ATTEST By: By: Edward Z. Kotkin, ony Meji City Attorney City Clerk AAPPRMC. rY�f?'P:4t°G;GL� "CONTRACTOR" 3 iv ,, ,_,�niS( • Ryan Campbell Date: G t/` By : A� an Campbe Date: 9 Revised:1131118 720599.1 CALIFORNIA ALL4URPOSE ACKNOWLEDGNEIfi CIVIL CODE§1189 A notary public a other altow oarO"this oatffim[e vedfm M*the identity of the irr&rdid who signed the document to which this carificale z aaadsd and nott!e vuthMrm=eoavary,a wilick althffi docuna2 State of California ) County of On before me. Date Hers Inaeft Name and Title of the Officer pasionally appeared Nams(a)of Svisr(s) who proved to me on the basis of satisfactory evidence to be the persona) whose name(a) is/" subscribed to the within instrument and acknowledged to me that h"haNhay executed the same in hia/lledtteir authorized capadty(ea).and that byhis/her/thea signature(s)on the instrument the peraon(a), or the entity upon behalf of which the person(a)acted,executed the irsbumeaL I certify under PENALTY OF PERJURY under the laws of the State of Caftomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Pubfic Place Notary Seal Above OP71ONAL Though this section is optiorW.completing this information can deter aRarabon of the document or fraudirtent reattachment of this form to an unntended document Description of Atbeched Document Title or Type of Document Document Date: Numbs of Pages: Signers) Other Thin Named Above: Copacily[iee)Clabmed by ftnor(sI Signers Nsme: Signers Name: ❑CorpauM1a O ice r—Till a(s): ❑Caporate Officer—T@la(a): ❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attomey in Fact ❑Individual ❑Attorney In Fact ❑Truatea ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Ott r- - ❑Otter Signer la Representing: Signer is Representing: (D2D1{National Nob vy Asexiaf m•www.Ndaa&btsry ag•14MUS NOTARY( 4M47t1-8g27) tam f5W7 10 Revised:1131/1g 720599.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 11 Revised:1/31/18 720599.1 Exhibit A Ryan Campbell Scope of Services/Work Project Description Name of project: "Imagine Art Here'- RMC1 Mural in the PIT Contractor: Ryan Campbell Location: The corner of Museum Way and Belardo Road. Provide demonstration of mural design and creation to educate the public on the mural creation process. Artist will create an 80'wide mural (see Attachment 1)over the course of 14 days (planned for February 10-24). The commission will invite and encourage the public to watch the process unfold daily. Work times and selected dates will be posted where the public will be invited to browse The PIT and meet the artist and painting team. Social media outlets and email blasts will promote this project, the Palm Springs Public Art collection along with other public art events. Schedule of Services and Fees Contractor shall perform mural demonstration for the Palm Springs Public Arts Commission 30th Anniversary Celebration during the month of February 2019. Schedule for painting is Sunday February 10, 2019 through Monday February 15, 2019, from 11:00 a.m. to 4:00 p.m. daily. L Contractor is responsible for all fees incurred as a result of producing the mural demonstration. 2. Contractor is to be paid$12,000 upon execution of this agreement for paint and materials detailed in budget below. The remaining contract amount of$12,500 will be paid to Contractor upon conclusion of the event and after submission of final receipts and event report. Project Budget PAINT Primer 30 gal $595.00 Color (9 Colors ) 18 gal $3,068.49 Spray Colors 200+cans $2,450.00 PAINT TOTAL $6,113.49 PAINT SALES TAX $573.03 PAINT TOTAL $6,686.52 MATERIALS Tape $525.00 Scaffolding $650.00 Wood Base for Scaffolding $1,000.00 Paint Sprayer $385.00 12 Revised M1l18 7105991 Mixing Buckets $59.00 Laser Level $500.00 Levels $200.00 Respirators $123.00 Tyvec Protective Wear $84.00 Trash Bags $12.00 Bottled Water and Cooler $25.00 Rake/Broom $45.00 Assortement of Brushes $110.00 Rollers/Pads $166.00 Extention Pole $80.00 Extention Ladder $160.00 Masking Paper/Plastic $465.00 MATERIAL TOTAL $4,589.00 MATERIAL SALES TAX $424.48 TOTAL $5,013.48 ADDITIONAL WALL PAINTING including#PSPUBLICARTS $1,000.00 LABOR $1,800.00 ARTIST FEE $10,000.00 GRAND TOTAL $24,500.00 3 Revised:1131/18 720599.1 ATTACHMENT 1 j ", w—,'.4.r C,� f _ hh4 l z�i b 1 1 11�,. II� 'Ilii � 1 `I�`�� � ��1 rsua -t w.. - 1 i���^.,��c+ 'e 1� V:T ����.�9�'✓� fih 1 1 0 1 Ck ,. u 4WD {`��� . ..^y.-. �•i<_� �p'i.�lii.. �. _�ti :''pi WIL I � 1 � �� _ „fi r i y�•y ice. 4PI45+r r P• � S"��Yi"!v� Y y` TM,' NM CyT .. JV Y �/.A_� t 1 �, 4 IIYx • 1,3V' 5... I5t'.i"�r#�.k hfT+.✓!�' �'� M,.f +ius .. r� a i '1�41'� A�I;. . del �G�}. : �!`��y `a��� "�� � r•�,: � •T , January 28, 2019 To: David Ready, Jay VIrata From: Michael Braun Re: Grant of Public Access Easement Grit Development hereby grants and conveys to the City of Palm Springs (for use by the Public Arts Commission) a temporary nonexclusive easement in gross over and across the sites listed below for purposes of displaying artwork and allowing the public access to the site to view and enjoy the artwork at reasonable times and in a reasonable manner for a period of two years (January 2019-December 2020) which may be extended by mutual agreement. The sites included are described as: "Future Virgin Hotel" site (Block B 1) and "Pit" (Block F) including murals on interor walls and fencing around Pit. IN I �e" i 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 1/31118 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars($2,000,000)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 is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor'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 15 Revised:1131118 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor 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 Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor'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 Na" or 'for any and all workperformed 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 Na" or '!for any and all workperformed 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. 16 Revised:1/31119 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. 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 Contractor's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor 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. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 17 Rwised:1131/18 720599.1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD YYYY) o2rolsr2019 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 poltay(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 certificate holder In lieu of such endorsems s. PRODUCER CONTACT NAME: TREY MELSON Sta te,fa,w) Trey Melson,Agent PHONE 818-243-3173FAI- FunxC Ne: 618 243-3207 State Farm Insurance Companies ADD TREY@TREYMELSON.COM 512 E.Wilson Ave Suite#310 INSURERS)AFFORDING COVERAGE fUICa Glendale CA 91206 INSURER A: State Farm General Insurance Company 25151 INSURED INSURER B: RYAN CAMPBELL INSURER C: 72770 SIERRA VISTA RD INSURER D: INSURER E PALM DESERT CA 92260 INSURER F: 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 CONTRACT 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. INSR TYPE OF INSURANCE DDL MIASUBR POLICY NUMBER PMOIDD1YYF POLICYFUCYEFJ(P LIMITS L COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMSWADE ®OCCUR PREMISES(En gccummIce)D $ MED EXP(My one ram) $ 10,000 92-B-3A685-1 111016/2018 11/16/2019 PERSONAL B ADV INJURY $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- LOC PRODUCTS-COMP/OP AGO $ 2,000,000 JECT .19 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Me accident) ANY AUTO BODILY INJURY(Per Person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NONOWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY IPeraccidentit $ UMBRELLA DAB OCCUR EACH OCCURRENCE $ EXCESS LIAM CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LUIBNTY YIN STATUTE ER ANY PROPRIETOMPARTNER/FCECUTIVE ❑ NIA E.L EACH ACCIDENT $ OFFICERIMEMSER EXCLUDED? (MandaWry In NH) E.L.DISEASE-EA EMPLOYEE $ Xyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may M-it,chad H more space Is required) CITY OF PALM SPRINGS, ITS SUBSIDIARIES,ITS AFFILIATES,ITS JOINT VENTURES AND ITS DESIGNEES,ARE INCLUDED AS ADDITIONAL INSUREDS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF PALM SPRINGS ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E.TAHQUITZ CANYON WAY AUTHORQED REPRESENTATIVE PALM SPRINGS CA 92262 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 28(2016103) The ACORD name and logo are registered marks of ACORD 1Do1486 132849.12 03-16-2016 ExemptionCertificate of . Workers' Compensation Insurance TO: City of Palm Springs ATTN: City Clerk and Risk Manager SUBJECT., Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a Rsole 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 I understand the requirements of Section 3700, et 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. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with an uc s or regulations. / Risk 771 nt Approval: Co actor Signa e ILY 11�CG �� Printed Name of Co tractor 2 9,W11 Date Date City of Palm Springs Parks & Recreation Department Recreational Instructor Agreement NAME: Kia Nichelle ADDRESS: 1514 Marigold Perris, CA 92571 PHONE: 951-229-4863 INSTRUCTION TYPE: This Recreational Instructor Agreement("Agreement") is made and entered into this day ofDmey4{ cal, 20 18 by and between the CITY of Palm Springs, a California charter city and municipal corporation, ("CITY") and Kia Michelle, an individual or entity and his/her employees, agents, or officers (collectively referred to as "INSTRUCTOR"). I. SCOPE OF WORK A. CITY seeks to provide personal enrichment classes. INSTRUCTOR shall perform all necessary and appropriate services consistent with that purpose ("Services"). Services are detailed in Exhibit "A," attached hereto and incorporated herein by reference. B. Services shall be performed at James O. Jessie Desert Highland Unity Center ("Facilities"). C. INSTRUCTOR warrants that he/she is qualified to provide CITY with Services, and holds all necessary certifications and licenses. D. INSTRUCTOR warrants that he/she will provide all necessary supplies, equipment, personnel, and other such necessities that enable him/her to perform the Services in a safe, competent, and professional manner. E. INSTRUCTOR shall perform the Services in a manner consistent with industry standards and the expectations of a reasonable person. II. DURATION A. Services shall begin on November 8, 2018 and end on June 18, 2019. B. This Agreement may be extended by written agreement between CITY and INSTRUCTOR. C. CITY may terminate this Agreement at any time, with or without cause, by giving written notice to INSTRUCTOR. Upon receipt of notice of termination, INSTRUCTOR shall cease performance of all Services on the date set forth on the notice of termination, or immediately if no date is provided. INSTRUCTOR 1 115953 L I shall be entitled only to compensation for services rendered prior to the termination date. I1I. COMPENSATION A. CITY agrees to pay INSTRUCTOR for the performance of Services on the following terms: I. Flat fee $ 2. Hourly fee $ 3. Contingent fee $ 20.00 per youth 4. Other $ B. All compensation shall be paid on a monthly basis after invoiced by Instructor. C. INSTRUCTOR shall not be entitled to any additional compensation. IV. USE OF FACILITIES A. INSTRUCTOR shall only use the Facilities for the Services described in this Agreement. B. INSTRUCTOR shall be responsible for any damage caused to the Facilities arising out of his/her rendering of the Services. C. INSTRUCTOR shall ensure that the Facilities are clean following each use. D. INSTRUCTOR shall ensure that the Facilities are secured following each use. V. INSURANCE The CITY reserves the right to require INSTRUCTOR to maintain insurance for the duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and incorporated herein by reference. INSTRUCTOR shall provide CITY with proof of insurance prior to the commencement of Services. VI. INDEMNITY To the fullest extent permitted by law, INSTRUCTOR shall defend (at INSTRUCTOR'S sole cost and expense), indemnify, protect, and hold harmless CITY, its 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 (INSTRUCTOR'S employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to INSTRUCTOR'S performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit INSTRUCTOR'S indemnification obligation or other liability hereunder. INSTRUCTOR'S indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 2 11595311 VIL INDEPENDENT INSTRUCTOR The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make INSTRUCTOR a CITY employee. During the performance of this Agreement, INSTRUCTOR and its officers, employees, and agents shall act in an independent capacity and shall not act as CITY officers or employees. INSTRUCTOR will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of INSTRUCTOR shall at all times be under INSTRUCTOR'S exclusive direction and control. Neither CITY nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of INSTRUCTOR or any of its officers, employees, or agents, except as set forth in this Agreement. INSTRUCTOR, its officers, employees or agents, shall not maintain a permanent office or fixed business location at CITY'S offices. CITY shall have no voice in the selection, discharge, supervision, or control of INSTRUCTOR'S officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. INSTRUCTOR shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. CITY shall not in any way or for any purpose be deemed to be a partner of INSTRUCTOR in its business or otherwise a joint venture or a member of any joint enterprise with INSTRUCTOR. VIII. SUBCONTRACTING OR ASSIGNMENT PROHIBITED INSTRUCTOR'S expertise, capability, and reputation were a substantial inducement for CITY to enter into this Agreement: A. Only those authorized in writing by the CITY may render Services or perform any term of this Agreement. B. INSTRUCTOR shall not agree with any other party to perform the Services without the CITY'S express prior written approval. C. This Agreement shall not be assigned in whole or in part to another party without CITY'S express prior written approval. IX. INTEGRATED AGREEMENT This Agreement contains all terms and conditions between INSTRUCTOR and CITY and cannot be supplemented or modified without mutual written agreement. X. COMPLIANCE WITH THE LAW A. INSTRUCTOR shall perform all Services in accordance with all applicable federal, state, and local laws. B. INSTRUCTOR shalloi ain and keep S htflt any necessary licenses or permits necessary for the lawful performance of Services. C. In the performance of Services, INSTRUCTOR shall not discriminate against any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 3 1159531.1 XI. � CRIMINAL BACKGROUND CHECK CITY may require INSTRUCTOR to submit to, and pass, a criminal background investigation prior to the commencement of Services. XII. 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. XIIL ATTORNEY FEES In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. INSTRUCTOR hereby warrants that he/she has fully read this Agreement, understands and agrees to each and every term, and is authorized to sign on behalf of any authorized persons performing the Services. v �kC � L.O Instructor Signature Date Printed Name/Title David H. Ready, City Manag Date City of Palm Springs 3200 E. Tahquitz Canyon Way A T: Palm Springs, CA 92262 APPROVED P,'v"U?"M"!' CZR 760.323.8201 y��/ Ag), ,� '/y, ity lerk APPROVED AS TO FORM: EDWARD KOTKINN, Date City Attorney 4 H 5953 L.I 5 1159531.1 EXHIBIT A 1. Describe activity/instruction and services to be rendered: Teach personal enrichment classes for youth of the community. 2. Frequency of meetings: Two classes per month—one for the boys and one for the girls. November 8 thru June 18. 1s` and 3`d Thursday of each month. 3. List all instructors, assistants, helpers, volunteers: NAME ROLE Kia Michelle Instructor 4. List materials and supplies to be used: All materials and supplies will be provided by the instructor and is included in the cost of the class. 5. Estimated class size: Maximum of six (6) youth per class. 6. Fee schedule: $20 per youth per class. 6 1159531.t EXHIBIT B INSURANCE REQUIREMENTS 7 115953 L 1 NON-EXCLUSIVE USE AGREEMENT (Council Chamber) This Use Agreement ("Agreement") is made and entered into this 6ch day of December, 2018, by and between the City of Palm Springs ("City") and the Riverside County Flood Control and Water Conservation District ("User"). concerning the use of the Council Chamber & Fover located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for time beginning 9:30 a.m. to 11:30 a.m., on Thursday, December 6, 2018. 2. FACILITY USE. 2.1 Council Chamber & Foyer. City grants User the non-exclusive use of City Hall frontage and Council Chamber foyer, located at 3200 E. Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is NO CHARGE to the User for the use of the Facility for this event. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs. The Users non-exclusive use shall not interfere or hinder the conduct of City operations. 3.3 The User requests to use City's audio/visual equipment to include a big screen and projector/computer, and requests wifi password if available. 4. INSURANCE, 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) ORIGINALBID AND/OR AGREEMENT Non-Exclusive Use Agreement Council Chamber— Page 2 per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4.3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend, with counsel acceptable to City, the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, CA 92501 Attn: Beth DeHayes, Executive Assistant II [SIGNATURES TO FOLLOW] 2 Non-Exclusive Use Agreement Council Chamber— Page 3 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: David H. Ready, Es ity Manager APPR BY MY MAGER ATTEST: A1_ r _ ec Date: l l 13 2L'i ony J. a MM ity Clerk APPROVED AS TO FORM: LV- Date: Edward Z. Kotkin, City Att r ey USER By: G Date: IC) l l Its: � (f.cV4�\t-t 3 ? i OF I?" * ?3*o RIVCO MR ARE NuAy E ecutive OEDERICfHcer --'+ Human Resources Director .Ngrq 'aq CERTIFICATE OF INSURANCE OR SELF-INSURANCE THIS IS TO CERTIFY THAT THE SELF-INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE EXCESS POLICY. Type of Coverage Company and Policy Period Limits of Liability Policy Number Bodily Injury/Property Damage Commercial 07/01/2018 $1,000,000Combined X] General Liability Self-Insured Single Limit Per X Including Vehicle to Occurrence with No Liability 07/01/2019 Aggregate Limit Workers' 07/01/2018 ❑ Compensation Permissibly & Employers' Self-Insured to Liability 07/01/2019 Medical Malpractice 10/01/2018 ❑ (Professional Self-Insured Liability) to 10/01/2019 The County of Riverside certifies that the above self-insured program is in effect as respect to: Flood Control District is hosting its annual public budget hearing and workshop at the City of Palm Springs' Council Chambers; 12/06/2018 and 02/21/2019 Certificate Holder Cancellation City of Palm Springs In the event of cancellation of the self-insurance program or policy Attn: Terri Milton designated below, it is the intent of the County of Riverside to mail 3200 E.Tahquitz Canyon Way 30 days' prior notice thereof. Palm Springs,CA 92262 This certificate is not valid unless signed by an authorized representative of the County of Riverside, Risk Management Division Date: October 18, 2018 J�fffe�I L. uter cc: Beth DeHayes, Executive Assistant Il @ Riverside County Flood Control District ED P.O.Box1210,Riverside,CA 92502 t.(951)955,1W A.(951)9564027 ®riskmgmtrc-hr.com CAMELOT THEATRES Rental Agreement The Camelot Theatres and ("Lessee")agree as follows: 1. Camelot Theatres rents to Lessee the use of the Camelot Theatres located at 2300 E. Barlslo Road, Palm Springs, California, 92262 ("the Premises"), for the purpose of exhibiting motion picture(s)and/or video tape(s)or other use entitled: a. Rental Charge for Theatre One (542 seating)from 8:00 AM till 11:00 AM. ❑ $800.00 Note:If program continues passed 11:00 AM the rental rate increases to option B or C depending on day of event. Amount will be deducted from ticket sells. b. Rental Charge for Theatre One(542 seating)for one performance between *11:30 AM to 2:30 PM ❑ $1600.00 or"7:30 PM to 10:00 PM (Monday—Thursday). ❑ $2800 (for 2 film slots Screening outside of the above times noted counts to all day) as 2 or more time slots. c. Rental Charge for Theatre One (542 seating)for one performance between 7:30 PM to 10:00 PM [] $2500.00 (Friday through Sunday)Screening outside of the ❑ $4600 (for 2 film slots above times noted counts as 2 or more time slots. to all day) d. Rental Charge for Theatre Two(172 seating)or Three(150 seating)from 8:00 AM till 11:00 AM. El $500.00 Note:If program continues passed 11:00 AM the rental rate increases to option E or F depending on day of event. Amount will be deducted from ticket sells. a. Rental Charge for Theatre Two(172 seating)or Three (150 seating)for one performance between � W66.40*-- *11:30 AM to 2:30 PM or*7:30 PM to 10:00 PM (Monday-Thursday)Screening outside of the $1600.00 (for 2 film above times noted counts as 2 or more time slots. slots to all day) Aud 2 or 3 f. One Day Rental Charge for Theatre Two (172 seating)or Three(150 seating)for one ❑ $2200.00 performance between 7:30 PM to 10:00 PM (Friday ❑ $4000.00(for 2 film through Sunday only)Screening outside of the slots to all day) above times noted counts as 2 or more time slots. g. After hours: $75 per hour('/2 increments) charged when program continues beyond 10:00 ❑ %2 Hr $75.00 PM (lounge,lobby, and/or Theatre). ❑ 1 Hr $150.00 2 Hour Max ❑ 1 % Hr $225.00 Note:Camelot has right to deduct from Ticket ❑ 2 Hr $300.00 Sales if this has not been prepaid. Page 1 of 11 Camelot Theatres' Rental Agreement Revision N Camelot Theatres Rental Agreement a. Use of Reception/Lounge Area and Cleanup Charge-Maximum Capacity 65, Note fee will be ❑ $300.00 waived if catering and bar is utilized. No outside food or liquor may be brought on to the Theatre's premises. b. P/A System (Podium and Microphones) ❑ $150.00 c. Two Hours to One Day Rental Charge for HD Video Projection ❑ $300.00 d. Two Hours to One Day Rental Charge for Video Projection. DVDs are not accepted e. I. OV CAM ❑ Bela SP ❑ HD-CAM ❑ ❑ $275.00 9 Digi Beta ❑ Blu-Ray ❑ HDV ❑ h. Film Make Up and Tech Set Up per 35 mm film ❑ $20 per print print L Film Make Up for Reel to Reel (two projectionists ❑ $45 per print required) j. Advertisement within our Weekly E-Newsletter and ❑ $160-00 Website Advertisement will run 2 weeks prior to event. k. Advertisement within Camelot Theatres Regular Weekly Desert Sun Ad Advertisement ❑ $250.00 includes event name,date, ticket price only I. Online ticket service. Pricing and Feature detailed IV'/tj on pages 5 and 6. ❑Online ticket service q , m. Booking Fee. Lessee chooses to have Camelot N� Theatres book a film on behalf of the Lessee. (fee will still be applied if Lessee chooses to change the ❑ $75 fee for each film that film or chooses to cancel the event). This fee is confirmed by studio for charge does not include fees that the Studio screening charges for rental or shipping and handling fees. n. 35% discount on overall price for Non Profits only. ❑ Check is applicable Non Profits must provide letter with id number and an acknowledgement of discount to Camelot Theatres before discount is applied. Discount does not apply to online ticket fees. o. Cleans Deposit that will be Reimburse provide ❑ $250 auditorium in use is restored back to original condition. p. Studio Fee for Film Rental. Reimbursement to ❑ $250 vs 35% of Camelot Theatres grosses after event. Page 2 of 11 Camelot Theatres' Rental Agreement Revision N Camelot Theatres Rental Agreement Theatre Specifications Auditorium 1 Auditorium 2 Auditorium 3 Seating Capacity:539 Seating Capacity: 170 Seating Capacity: 152 Screen Size: 58'x 2S' Screen Size:23'x 18' Screen Size: 23'x 18' 35mm Presentation Size: Digital Presentation Size: 35mm Presentation Size: Scope: 47'x 2V Scope:TBD Scope:TBD Fiat:36'x 20' Flat:TBD Flat:TBD Digital Presentation Size: Digital Presentation Size: Scope:TBD - Scope:TBD Flat:TBD Flat:TBD Performance Platform:55'x 18' performance Platform:n/a Performance Platform:27'x 5' Sound Formats:Dolby Digital 5.1,6.1,7.1(Digital Cinema), Sound Formats:Dolby Digital 5.1,6.1 Sound Formats:Dolby Digital 5.1, Dolby Pro Logic II(Digital Media), (Digital Cinema),Dolby Pro Logic It 6.1(Digital Cinema),Dolby Pro Logic (Digital Media) II(Digital Media),Dolby SR(35mm), Dolby Digital(35mm),Dolby SR(35mm),DTS(35mm), DTS(35mm),Mono(35mm) Mono(35mm) D-Cinema Projection Equipment (DCI Compliant): 35mm Projection Equipment: 35mm Projection Equipment: (1)Christie Solaria CP-2210 (1)Klnoton PK60-D 35mm Projector (2)Norelco 35mm Projectors (1)Dolby DSS-200 Screen Server (1)Christie Lamphouse (2)Christie Lamphouses (1)Gefen AV Cinema Scaler Pro II (1)Christie AW3 Platter (1)Christie AW3 Platter Digital Media Formats: D-Cinema Projection Equipment D-Cinema Projection Equipment(DCI Compliant): (NTSC&PAL,unless otherwise noted) (DCI Compliant): (1)Christie Solaria CP-2230 (1)Christie Solaria CP-2210 (1)Dolby DSS-200 Screen Server High Definition Formats: (1)Dolby DSS-200 Screen Server (1)Gefen AV Cinema Scaler Pro II HD-Cam,HDV, Btu-Ray(NTSC,Region 1 (1)Gefen AV Cinema Scaler Pro 11 only) Digital Media Formats: Standard Definition Formats: Digital Media Formats: (NTSC&PAL,unless otherwise noted) Digl-Beta*,DV* (NTSC&PAL,unless otherwise noted) Misc/Other: High Definition Formats: Assisted Listening System HD-Cam,HDV,Blu-Ray(NTSC,Region 1 only) High Definition Formats: Standard Definition Formats: HD-Cam, HDV,Blu-Ray(NTSC, Dig[-Beta*,DV* Region 1 only) Standard Definition Formats: Misc/Other: Digl-Beta*,DV* Assisted Listening System Misc/Other: Assisted Listening System Limited Stage Wash Lighting w/manual dimmer `not high-def quality and will not be as crisp on screen Only(1) HD-Cam Deck&(2) HDV decks Camelot Theatres Rental Agreement 11 Notes: AO Tor 4-.4\V� �ti1� �UA1id �1. 9 J OQ VV acoti ✓�C b ib 611? VT"ce. 6VI) Page 4 of 11 Camelot Theatres' Rental Agreement Revision N Camelot Theatres Rental Agreement 1. Lessee will use the Camelot Theatres on from ❑AM ❑ PM until ❑AM ❑ PM f r One (1) exhibition(s). By signing this Agreement, Lessee agrees to pay Camelot Theatres a total of $-f"in rental fees Lessee payment schedule: �esurity 9epesit at5b% (9r}due en 6a on rac asitis-rion refufldabt nt within 15 da . Balance of$._11300A)—due on the day of the event. Wus a seeend eheok for thasleani den to until-eve fdva-8�h If the final payment has not been received in a timely manner, Camelot Theatres is free to rent the premises on the date(s) desired by Lessee without additional notice to Lessee. 3. If it is necessary to cancel a rental date, lessee must give written notice to Camelot Theatres at least thirty (30) days prior to the earliest scheduled screening date so that the Camelot Theatres may rent the premises on the screening date to another lessee. 4. It is the responsibility of lessee to establish a refund policy for their event. The theatre will follow the establish refund policy, but the theatre takes no financial responsibility unless theatre negligence is proven. It is the financial responsibility of the lessee to cover refunds. It is solely the responsibility of the lessee to cover services fees which are not refunding from the online ticket service. 5. If the lessee has chosen the online ticketing system the following refund policy applies. Service fees for processing tickets are nonrefundable from the ticket provider. It is the responsibility of the lessee to cover service fee expenses back to the ticket purchaser. The theatre will bill the lessee for any expense incurred from issuing refunds. It is important that lessee notes a refund policy for the patron before they purchase tickets. 8. Lessee must provide film or video format to theatre no later then two (2) days before scheduled event. This requirement ensures that the theatre has enough time to build the film print or the video format will play on the theatre's equipment. 7. If lessee chooses to screen a PowerPoint presentation, the PowerPoint presentation must be submitted to Camelot Theatres two (2) days before the event. If editing is required, then Lessee must schedule a viewing with the Camelot Theatres prior to the above stated deadline. 8. Video, film, and/or PowerPoint presentations will not be accepted or allowed to be edited the two (2)days before the event. 9. It is the responsibility of the Lessee to ensure the film has been cleared for screening by the film makers when the film is not in distribution or by the distributors if the film has distribution. Fax letter from the appropriate party to the theatre allowing the screening is acceptable for film run. Page 7 of 11 Camelot Theatres' Rental Agreement Revision N Camelot Theatres Rental Agreement 10. Camelot Theatres consists of three theaters, a Cafe and a Cinema Lounge/Bar. If Lessee has requested for food and beverages to be served for the Lessee's special event, the Lessee will be provided with a Catering Contract for the food and beverage services. The food and beverage contract will detail cost for the added request. 11.When the Lessee hires or is required to hire or additional employees or volunteers to run Lessee's event. The following conditions must be met. a. Lessee (or its vendors) will procure and maintain liability and/or workers compensation insurance with a company authorized by the Insurance Commissioner to do business in the State of California and wilt provide limits of no less than $1,000,000.00 combined for injuries to, or death of, one or more persons and for property damage, combined single limit. b. Lessee (or its vendors) agrees that the Camelot Theatres shall be named as an additional insured on the aforementioned policy of insurance. c. Lessee (or its vendors) shall furnish to Camelot Theatres a certificate of insurance indicating the aforementioned coverage's, which must be received by Camelot Theatres at least thirty (30) days prior to the Lessee's earliest scheduled rental date. d. Lessee (or Its vendors) agrees to hold Camelot Theatres harmless from any and all damage or liability arising from any injury or claim of injury of any nature whatsoever to either person or property occurring upon said Premises during the term hereof, or arising from any accident or other occurrence causing or claimed to cause injury to any person or property whomever or whatever. 12. Lessee (or its vendors)agrees to hold Camelot Theatres harmless from any alleged economic or other consequences of any kind or nature whatsoever due to technical difficulties, projection equipment failure or malfunction or the like that may occur in connection with the Screening(s) on the Premises, and Lessee expressly waives any and all claims,whether known or unknown, against Camelot Theatres and its employees, agents or other representatives in this regard. 13. Lessee (or its vendors) agrees that Camelot Theatres is not responsible or liable in any manner or fashion form Lessee's personal property and the personal properly of Lessee's guests, clients and/or patrons, or rental equipment, furniture or the like brought on the Premises directly or indirectly by Lessee form use in connection with the Screening(s)or attendant activities covered by this Agreement. 14.Camelot Theatres audio equipment is limited to small seminars and film introductions/questions and answers. Running music into audio system will reduce the audio performance for seminars and introductions. Camelot Theatres audio system is not conducive for Theatrical Plays or Live Musical events. If Lessee audio needs go beyond Camelot Theatres' audio capability, the responsibility resides with the Lessee to procure their own audio system for their required needs. 15. No additional lights or cables may be hung or attached from or to theaters' ceilings. All additional lighting must be reviewed by Camelot Theatres' chief technician before setup Is to occur. Page 8 of 11 Camelot Theatres' Rental Agreement Revision N Camelot Theatres Rental Agreement 16.The Lessee Is responsible and liable for all outside equipment that is brought in for their own production. 17. It is the responsibility of the Lessee to understand limits of the Camelot Theatres capabilities before signing this contract. 18. Lessee shall not conduct ticket sales to the general public on Camelot Theatres premises unless written consent has been provided by Camelot Theatres. 19. Camelot Theatres will employ a Theater Manager and Projectionist who will supervise the theater operation and projection facilities. 20. Lessee accepts any and all risk of damage to the motion picture(s) and/or tape(s) occasioned by their exhibition on the Premises, and Lessee waives any claims or potential claims against Camelot Theatres and its employees, agents or other representatives for any such damage. 21. Lessee will not permanently affix to the Premises anything whatsoever, and will be responsible for all expenses incurred by Camelot Theatres in removing any unauthorized fixtures and in returning the Premises to their original condition. 22. Camelot Theatres reserves the right to refuse theater admittance to any person. 23. Lessee will remove all furniture, equipment and the like not supplied by Camelot Theatres immediately following each screening and/or reception. Lessee will be responsible for reimbursing Camelot Theatres in full for any unreasonable expenses incurred in cleaning or repairing the Premises to restore them to their condition prior to Lessee's rental,.including wages of Camelot Theatres employees for the time spent in such cleaning or repair. Lessee shall make such reimbursement to Camelot Theatres within ten (10) days of Camelot Theatres presentation of an itemized invoice for these expenses. 24.This Agreement does not imply an endorsement by Camelot Theatres of any motion picture, other product or service of Lessee or grant the use of the Camelot Theatres name or logo in any advertisement, publicity or promotion of any nature whatsoever, and Lessee is expressly prohibited from engaging in any use or conduct inconsistent with this provision. 25. Lessee is expressly prohibited from assigning or otherwise transferring any of its rights or obligations under this Agreement to any other entity or person without Camelot Theatres prior written consent. 26. Camelot Theatres and Lessee agree they will participate in final and binding arbitration of any dispute arising under is Agreement, including an alleged breach by either party or a dispute over the interpretation or application of this Agreement, pursuant to California Code of Civil Procedure Section 1280 at seq. The party initiating arbitration shall provide the other party with written notice of the particulars of the claim within ninety (90) Page 9 of 11 Camelot Theatres'Rental Agreement Revision N Camelot Theatres Rental Agreement days of knowledge of the facts giving rise to the dispute or when the party reasonably should have known of such facts, whichever is later. A party's failure to give timely notice of an arbitration claim under this Agreement shall result in a waiver of such claim. 27.Arbitrations are to be conducted before a sole, neutral arbitrator selected by mutual agreement of the Camelot Theatres and Lessee. In the absence of an agreement within fifteen (15) days following receipt of the arbitration notice, the parties agree to use the procedures of the American Arbitration Association for selection of a sole, neutral arbitrator. Either party's failure or refusal to participate in procedures for selection of an arbitrator, or to do so on a timely basis, shall result in the other party's right to unilaterally selection the neutral arbitrator. 28.All arbitrations under this Agreement shall be held at the principal offices of the Camelot Theatres in Riverside County. The parties shall share equally in the arbitrator's fee and expenses and the costs of a court reporter; if the arbitrator requests a transcript, the parties shall share equally in these expenses. All other costs and expenses of arbitration shall be borne by the party incurring them. Each party shall be afforded a reasonable opportunity to present evidence and argument before the arbitrator. 29.The arbitrator shall have jurisdiction to determine only such disputes as are submitted for arbitration under this Agreement. The arbitrator shall not have the authority or jurisdiction to reform, amend or extend the express terms and provisions of this Agreement. A party's failure or refusal to participate in arbitration proceedings shall not limit, impair or divest the arbitrator or jurisdiction to hear the dispute or render an award, provided notice of arbitration was served as required under this Agreement. 30.The Arbitrator shall render a written decision and award setting forth with reasonable specificity the reason(s) therefore within sixty (60) days following the close of the hearing, receipt of the transcript of the hearing or receipt of written briefs, whichever is later. The arbitrator's decision and award shall be final and binding on the parties to the proceeding, whether participating in the proceeding or not. 31. Lessee's failure to fully and completely adhere to any of the requirements and prohibitions of this Agreement may result in the Camelot Theatres cancellation of this entire Agreement or of one or more screening dates covered by this Agreement. 32.This entire Agreement is subject to cancellation by Camelot Theatres in the event Camelot Theatres is prohibited from occupying the Camelot Theatres by the City of Palm Springs or any other governmental agency or the building owner. If subject of cancellation is un-enforceable, remainders are valid. 33.This Agreement expresses the full and complete understanding of the parties concerning the subject matter of this Agreement, and it shall not be amended or modified in any manner without the express written consent of both parties. 34.All notices and communications to Camelot Theatres under this Agreement shall be addressed to: Camelot Theatres Page 10 of 11 Camelot Theatres'Rental Agreement Revision N Camelot Theatres Rental Agreement 2300 East Baristo Road Palm Springs, California 92262 Tel (760)325-6565 Fax (760) 325-6484 All notices and communications to Lessee under this Agreement shall be addressed to: Name:&e-C ,#,Telephone: 749/3Z3-8/98 Company/Organization: �Ij,fr©`� �pQ,NIS f�dKA.��/¢f�7S�ON.t N/SSid�✓ Street Address: 32-00 C !k;ovir-7- & /yev�'f`1/ IbO&XZ-7473 P*wKsAJewfS, 64- 912b3- 27V3 City State Zip This Agreement signed must be signed and returned to Camelot Theatres by fax at(760) 325-6484 Agreed and accepted by: Lessee: &V/a ry,Gf.�W*JC , assess Signa(ure Lessee's Printed Name i1e i �wr-y DF� SPti..�ys /r7f rl�l�' Lessee's ompeny sty Camelot Theatres: ignatore Prnted Name&Th e Dale APPROVED AS TO FORM CIT1f ATiO A T: od Not To Exceed $ cT�, Without The Express Written City Clerk Authorization Of The City Manager. APPROVED BY CITY MANAGER �G `�SGY�CX� -l�fr5�• Page 11 of 11 Camelot Theatres'Rental Agreement Revision N NON-EXCLUSIVE USE AGREEMENT (City Hall EOC Conference Room) This Use Agreement ("Agreement") is made and entered into this 261h day of February, 2018, by and between the City of Palm Springs ("City") and the California Public Utility Commission (CPUC) ("User"), concerning the use of the City Hall EOC Conference Room located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of February 26, 2018, beginning 10:30 a.m. and ending 1:00 p.m. 2. FACILITY USE. 2.1 City Hall Frontage and Council Chamber Foyer. City grants User the non- exclusive use of City Hall frontage and Council Chamber foyer, located at 3200 E. Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is no charge to the Userforthe use of the Facility for this event, due to Public Utility Commission is government agency. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs. The Users non-exclusive use shall not interfere or hinderthe conduct of City operations. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VI I or better. 1 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE, 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend, with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 (415) 703-1203 Attn: Gabriela Perez, Calendar Clerk [SIGNATURES TO FOLLOW] 2 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: David H. Ready, Esq., Ph.D., City Manager ATTEST: Date: Anthony J. Mejia, MMC, City Clerk APPROVED AS TO FORM: Date: � / 8 Edward Z. Kotkin, City Attorney USER By: Date: Gabriela Perez Its: Calendar Clerk 3 NON-EXCLUSIVE USE AGREEMENT (City Hall Frontage and Council Chamber) This Use Agreement ("Agreement") is made and entered into this _'h day of Ct1AQ 2018, by and between the City of Palm Springs ("City") and the GA S�ak.laJD�Qxvj .Salo("User"), concerning the use of the City Hall frontage and Council Chamber Fover located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. , TERM OF USE. This Agreement shall be in full force and effect for a period of l°1 - P �L-- , 2018, beginning 8:00 a.m. and ending 6:00 p.m. 2. FACILITY USE, 2.1 City Hall Frontage and Council Chamber Fover. City grants User the non- exclusive use of City Hall frontage and Council Chamber foyer, located at 3200 E.Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is a no fee charged to the User for the use of the Facility for this event. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs.The Users non-exclusive use shall not interfere or hinderthe conduct of City operations. 3.3 ADD INFORMATION REGARDING EQUIPMENT, ETC. IN THIS SECTION WHEN FINALIZED AND CONFIRMED. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive 1 i general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and _in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4.3 Proof of Insurance. Proof of the insurance required under Section,4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE, 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties,obligations,errors, omissions or liabilities(herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence orwillful misconduct of the City, its officers,agents or employees. 5.2 Defense. User agrees to defend, with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825 Attn: Colin Connor, Assistant Executive Officer 2 [SIGNATURES TO FOLLOW] I 3 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS � Date: a David H. Ready, Esq., Ph.D., ;*Manager ATTEST: Date: 12)12-01 ,i� thony J. Clerk APPROV S TO F M: ` Date: Edward Z. Kotkin, City Attorney USER By: CSC Date: Colin Connor Its: Assistant Executive Officer APPROVED BY CITY MANAGER r 4 VENUE LICENSE AND USE AGREEMENT Warhol in the Park This VENUE LICENSE, EVENT AND USE AGREEMENT (the "Agreement') governed by the laws of the State of California is made and entered into this Flay of March, 2018, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, hereinafter called "CITY' and Desert Publications, Inc., a California corporation doing business as "Palm Springs Life," hereinafter called "USER" , concerning (i) the closure of Museum Way from Belardo Road to Museum Drive hereinafter called "SITE", for Warhol in the Park, hereinafter, the "EVENT," RECITALS WHEREAS, the City Council recognizes the value of cultural events and the role they play in enhancing and expanding the economic vitality and image of the CITY; and WHEREAS, the City Council provides funding assistance to eligible organization for the purpose of providing cultural events and/or activities that generally benefit the community; and WHEREAS, the EVENT, scheduled to take place commencing at 11:00 AM on March 31, 2018,through 4:00 PM on March 31, 2018, and will be held at Palm Springs; and NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY AND RECEIPT OF WHICH IS HEREBY EXPRESSLY ACKNOWLEDGED, IT IS AGREED AS FOLLOWS: 1.0 EVENT DESCRIPTION, DATE AND LOCATION 1.1 USER and CITY agree that the true and correct recitals above shall be incorporated by this reference herein as a summary of their shared rationale for agreeing to the occurrence of the EVENT in accordance with the terms and conditions specified herein. 1.2 USER shall organize, manage, and produce the EVENT as generally described in "Exhibit A" and attached hereto and incorporated herein by this reference. 1.3 The EVENT shall be held from 11:00 AM to 4:00 PM on March 31, 2018, at on Museum Way between Belardo Road and Museum Drive, SITE. 2.2.2.0 OBLIGATIONS OF THE PARTIES. 2.1 USER. As the producer of the EVENT, USER will provide production services including but not limited to the following and hereby accepts full financial responsibility for such services: 2.1.1 Contracting and paying for all service vendors, contractors and technical support including, but not limited to, sound, including a public address system, lighting, VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 1 of 11 catering, and security services at related activities, including payment to CITY to cover associates cost for the road closure of the SITE for the EVENT. 2.1.2 Recruitment, coordination, and supervision of volunteers and all their activities. 2.1.3 Obtain and present to the city attorney, no later than two (2) weeks before the EVENT, all certificates of insurance, endorsements related thereto, and liability release forms for USER for each and all of USER's volunteers, and USER's contractors and vendors participating in EVENT. All commercial general liability insurance shall be primary and non-contributory over any insurance or self-insurance the CITY may have, and shall name "The City of Palm Springs, its officials, employees, and agents" as an additional insured. All policies shall contain an undertaking by insurers to notify any Additional Insured in writing, not less than thirty(30) days before any material change, as to any reduction in coverage, cancellation, or other termination thereof. Workers' Compensation coverage as required by California law and CITY shall contain the insurer's waiver of subrogation in favor of CITY, its officials, employees and agents. USER's insurance coverage shall conform to the following, including the stated minimum limits of liability and coverage. a. commercial general liability insurance coverage shall be on an "occurrence basis," and shall include personal injury, bodily injury, death, broad form property damage, operations hazard, owner's protective coverage, contractual liability and products and completed operations liability, in limits and with coverage not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) general aggregate on a per location basis, all with costs of defense in addition to limits of liability; b. Umbrella liability coverage in limits and with coverage not less than Two Million Dollars ($2,000,000) per occurrence, and Two Million Dollars ($2,000,000) general aggregate 2.1.4 USER shall be solely responsible for all promotional activities related to the EVENT including: a. Arranging and buying advertising space in local newspapers and other publications to promote the EVENT, as may be applicable. b. Preparing press releases and marketing materials to promote the EVENT. c. Coordinating local and regional public relations including the distribution of press materials to entertainment and travel writers. VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 2 of 11 d. Coordinating with the CITY's Bureau of Tourism to promote EVENT if deemed appropriate. e. Promoting EVENT through personal appearances and/or the distribution of collateral materials. f. User shall ensure all event coordinators and exhibitors shall obtain all necessary CITY permits, including without limitation, valid temporary event permits. 2.1.5 USER, on its own behalf, and on behalf of any insurer providing insurance with respect to any of USER's activities arising from or related to the EVENT, waives any claim against CITY with respect to any damage to any and all items of USER's property, including without limitation property of USER's volunteers, vendors and/or contractors, which is, or customarily is, covered by a standard property insurance policy for special causes of loss coverage, except for any claims resulting primarily from CITYs gross negligence, recklessness or willful misconduct. 2.1.6 To the extent permitted by law, USER releases CITY, its officials, employees and agents from, and waives all claims for, damage to person or property sustained by USER or any person(s) attending or participating in the EVENT, or in any vehicle, in any area or place used and/or procured by USER, and used by any person(s) attending the EVENT, including without limitation the "Event Location", resulting from the EVENT, except for any claims resulting primarily from CITYs gross negligence, recklessness or willful misconduct. This release includes any claim for or damage to USER or any person(s) arising from or related to any equipment or appurtenance at the Site becoming out of repair or resulting from any accident, or resulting directly or indirectly from any act or neglect of USER, or any of USER's volunteers, vendors, or contractors, including their respective agents and employees. This release shall apply equally whether any such claim or damage results from the act or neglect of USER, or any of its volunteers, vendors, contractors, or of any other person, and whether such claim or damage be caused or result from anything or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. The obligations set forth in this Section 2.1.7 shall survive the termination of this Agreement. 2.1.7 To the fullest extent permitted by law, USER hereby agrees to indemnify, protect, defend, with counsel and experts reasonably acceptable to CITY, and hold harmless the CITY, together with each and all of CITY's officials, employees, and agents (collectively, the "Released Parties"), from and against any and all claims, suits, demands, expenses, liabilities, losses, lawsuits and other proceedings, judgments, causes of action, liens, claims of liens, damages, penalties, litigation, defense or court costs, and expenses, including attorneys' and expert witnesses' fees and costs ("Claims") VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 3 of 11 arising from USER's presence on or about, or use of the Site, or from any activity or thing done or permitted by USER, and/or any of USER's volunteers, vendors, contractors, guests, agents, or employees, in or about the Site, or related to USER's use thereof, and from and against any and all Claims arising from any breach or default in the performance of any obligation on USER's part to be performed under the terms of this Agreement, or arising from any act or negligence of USER, or any of its guests, agents, contractors or employees, or arising from or relating to the provision, consumption or availability of for an such Claims resulting alcoholic beverages, if applicable, at the Site, except y g primarily from CITYs gross negligence, recklessness or willful misconduct. USER further agrees to waive all rights of subrogation against the CITY. The provisions of this Section 2.1.7 do not apply to any damage or loss caused solely by the negligence of the CITY, or any of its officials, employees, or agents. In the event USER fails to perform as to its indemnity obligations, whether independently or in cooperation with any of USERS volunteers, vendors, contractors, insurers, or from any others as required herein, USER agrees to be fully responsible according to the terms of this Section 2.1.7. The obligations set forth in this Section 2.1 .7 shall survive the termination of this Agreement. 2.1 .8 CITY hereby agrees to defend, indemnify, release and hold USER, its officers, officials, agents, employees, and volunteers harmless from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection therewith), arising out of CITYs performance of any duty under this Agreement, except to the extent arising from or relating to the negligence, recklessness or willful misconduct of USER. 2.1.9 Neither party shall be responsible for damages or be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, governmental agencies, or by reason of any other delay beyond the party's control or for which the party is without fault. 3.0 AGREEMENT, BREACH, TERMINATION, REIMBURSEMENT. 3.1 EFFECTIVE DATE. This Agreement shall be effective immediately upon its full execution. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 3.2 BREACH OF AGREEMENT. Any material deviation by USER for any reason from the requirements hereof, or from any other provision of this Agreement, shall constitute a breach of this Agreement by USER, and may be cause for termination at the election of CITY. CITY may terminate this Agreement for cause upon any breach, by giving ten (10) days' notice to USER. In the event of termination by whatever means, except for termination by USER due to City default, CITY shall have the option to direct USER's actions with respect to access to materials or assigning any rights, such as name, lists, VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 4 of 11 speaker contracts to CITY or its designee. CITY reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event CITY chooses to waive a particular breach of this Agreement, it may condition the same on payment by USER of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. No waiver shall be binding, unless executed in writing by the party making the waiver. USER may waive any and all breaches of this Agreement by CITY. No waiver by USER of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure to enforce any provision of this Agreement shall not constitute a waiver of the right to compel the enforcement of the remaining provisions of this Agreement. 3.3 AGREEMENT TERMINATION. In the event USER is unable to fulfill its responsibilities under this Agreement for any reason whatsoever, including circumstances beyond its control, CITY may terminate this Agreement, in whole or in part, in the same manner as for breach hereof and be entitled to the same rights on termination. 3.5 CITY BREACH. USER may terminate this Agreement for cause upon ten (10) days written notice to CITY. USER's right to termination for cause shall only arise from a CITYs breach of any obligations, representations and/or warranties in Sections 2.2, 3.9, and/or 2.1.8. 3.6 DEFAULT AND BREACH. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement. The party claiming that a default has occurred shall give written notice of said default to the other party specifying the alleged default. If the party who is claimed to be in default commences to cure, correct, or remedy the alleged default within fifteen (15) calendar days after receipt of said written notice, such party shall not be deemed to be in default hereunder. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following said written notice, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by terminating the Agreement in accordance with Section 3 and initiating legal proceedings as may be appropriate. 4.0 LICENSE, LOGISTICS. 4.1 SITE. CITY hereby grants to USER, commencing at 9:OOam and continuing through 5:OOpm on March 31, 2018, the exclusive right, privilege, permission and license to enter onto, across, over, in and about and use the Site for the purpose of the EVENT which may include but not be limited to filming and photographing the EVENT and the VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 5 of 11 Site, subject only to the right of the CITY or any CITY authorized designee to enter onto the Site for any regulatory or public health and safety purpose arising from or related to this Agreement. USER's staging of the WARHOL IN THE PARK at the Site will commence at 9:00 AM and continue until the EVENT begins, at 11:00 AM. Upon the EVENT's conclusion, USER's removal of all temporary improvements to the Site and be complete at or before 5:OOpm on March 31, 2018. USER shall leave the Site in at least as good condition as it finds the Site upon initial entry at 9:OOam on March 31, 2018. 4.2 HOURS AND USE. During the EVENT, the public's access to the Site shall occur between the hours of 11 a.m. and 4 p.m., and USERs use of the SITE shall commence at 9:00 AM and continue until 5:00 PM on Saturday, March 31, 2018 and include but not be limited to the following: • Educational programming, • Public gathering/event space, • Entering and Exciting the Event. USER's use of the Site is further described as follows: WARHOL IN THE PARK is an arts & education event aimed at engaging surrounding area students with the work of iconic pop-art artist, Andy Warhol, and takes place on Saturday, March 31, 2018 on Museum Way between Belardo Road and Museum Drive. WARHOL IN THE PARK will enter EVENT Site commencing at 9:00 AM continuing through 5:00 PM on Saturday, March 31, 2018. WARHOL IN THE PARK will be open to the public on March 31, 2018, from 11:00 AM to 4:00 PM. USER shall provide the necessary equipment and infrastructure, including but not limited to, tents, furniture, food and drink, temporary fencing, bathrooms, generators, waste disposal, staff and volunteers, and Wi-Fi access. USER has the duty to secure, at USER's sole cost and expense, all permits and licenses required to utilize the Site as WARHOL IN THE PARK for the EVENT. USER shall secure said permits in advance of the EVENT, and in accordance with all State and local laws, ordinances, and standards. Upon conclusion of the EVENT, USER shall remove all tents, infrastructure, and equipment and return surface of the lot to its original condition or better, except for normal wear and tear. Lighting and plant materials will be replaced and returned to the original condition at the conclusion of the EVENT. USER shall be responsible for providing insurance and security for the event. VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 6 of 11 4.3 SIGNAGE. USER shall secure CITY's approval in advance of the EVENT as to any and all temporary signage that USER utilizes in relation thereto, as may be required by any local ordinances; this requirement shall pertain to directional, parking-related, and any other EVENT-related signage. 5.0 GENERAL 5.1 INSPECTION OF RECORDS. CITY shall have the right to monitor and inspect all work or records of USER, or any of USER's volunteers, vendors, or contractors under this Agreement, which are directly related to the performance of this Agreement. 5.2 COMPLETE AGREEMENT. This Agreement reflects all the understandings, terms, and conditions agreed upon by the parties. No other understandings, terms or conditions, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement supersedes all previous agreements, if any, between the parties. 5.3 AMENDMENTS. Any alterations, variations, modifications or waivers of any provision of this Agreement shall be valid only when reduced to writing duly executed and attached to the original of this Agreement. 5.4 NOTICES. Communications among the parties hereto shall be addressed as follows: (760) 578-5556 CITY: USER: CITY OF PALM SPRINGS Desert Publications, Inc. David H. Ready, City Manager Frank Jones Post Office Box 2743 303 North Indian Canyon Drive Palm Springs, CA 92263 Palm Springs, CA 92262 (760) 322-8350 5.5 CITY REPRESENTATION. The City Manager or his designee shall be designated the "Liaison Representative of City." USER shall work closely with the Liaison Representative of City to keep the CITY currently advised on the status of the EVENT. 5.6 COMPLIANCE WITH LAWS. USER shall comply with all applicable federal, state, and local laws, ordinances and regulations. 5.7 STANDARD OF CARE. CITY relies upon the professional ability of USER as a material inducement to enter into this Agreement. USER agrees to use reasonable care and diligence in preparing, presenting, managing, and coordinating the EVENT under this Agreement. USER agrees that the acceptance of its work by CITY shall not operate as a waiver or release of said obligation of USER. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 7 of 11 professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 5.8 DEMANDS FOR ASSURANCE. Each party to this Agreement undertakes the obligations herein with the understanding that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements, arising from or related to this Agreement, with parties to this Agreement or others, i.e., with USER's volunteers, vendors, or contractors. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 5.9 THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create any rights in third parties. 5.10 COVENANT AGAINST DISCRIMINATION. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in City contracting. 5.11.1 USER shall certify that it has not, in the performance of this Agreement, discriminated against applicants or employees based upon any prohibited basis. VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 8 of 11 5.11.2 If requested to do so by the Liaison Representative of City, USER shall provide the CITY with access to copies of all of its records pertaining or relating to its employment, contracting, and volunteer-engagement practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. 5.11.3 Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. 5.12 CONFLICT OF INTEREST. USER acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, and USER agrees to not enter into any Agreement of any kind with any such officer or employee during the term of this Agreement, and for one (1) year thereafter. USER warrants that it has not paid or given, and will not pay or give, to any CITY official, employee or agent, or to any third party, money or other consideration in exchange for obtaining this Agreement. 5.13 SEVERABILITY. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement, and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. 5.14 GOVERNING LAW, VENUE. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. The venue for any dispute between the parties hereunder, or any dispute arising from or related to this Agreement shall be the Superior Court of the State of California, County of Riverside, Palm Springs Courthouse. 5.15 ATTORNEY'S FEES. In the event any action, suitor proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, from the losing party. 5.16 COUNTERPARTS AND ELECTRONIC TRANSMISSIONS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. A manually signed counterpart transmitted electronically or by facsimile shall be deemed a duly signed original. 5.17 SUCCESSORS, HEIRS AND ASSIGNS. Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the parties to this Agreement and, likewise, shall VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 9 of 11 inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the parties. 5.18 FORCE MAJEURE. Neither Party shall be responsible for any liability, loss or damage to the other Party due to any failure of performance or delay in performance by reason of any event of force majeure, including but not limited to acts of God, natural disasters, riots, incendiaries, power interruption, interference by civil or military authorities, compliance with governmental laws, rules, regulations or other authority, or any causes beyond either Parties' control. 5.19 RELATIONSHIP OF PARTIES. It is specifically understood and agreed by and between the parties hereto that neither party is acting as the agent of the other in any respect hereunder. Nothing contained in this Agreement shall be deemed, construed or represented by either party or by any third person to create the relationship of principal and agent. Neither party shall have authority, express or implied, to act on behalf of the other party as an agent, nor shall either party have any authority, express or implied, to bind the other party to other obligations. Furthermore, the parties hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the parties joint venturers or partners. 5.20 NON-LIABILITY OF USER AND CITY OFFICERS AND EMPLOYEES. No officer or employee of either party shall be personally liable to the other, or any successor in interest, in the event of any default of breach by a breaching/defaulting party or for any amount which may become due to the other party or its successor, or for any breach of any obligation of the terms of this Agreement. 5.21 AMBIGUITIES. This Agreement is in all respects intended by each party hereto to be deemed and construed to have been jointly prepared by the parties hereto and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. SIGNATURES FOLLOW VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 10 of 11 CITY: CITY OF PALM SPRINGS ATTEST: APPROVED: By B thon jia, C C David H. Read , City Cler City Manager Date: ? 9 D Date: � /Zov APP S TO FORM: By /APPROVED BY CRY km MMMGER,,/Edward Z. Kot , 'J ` ' City Attorney Date: � zat9 USER: Desert Pu i n Inc. By Date: Fr k Jo es P lishe /Ow r By Date: Secretary VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Page 11 of 11 EXHIBIT A Description of EVENT Warhol in the Park is a one day EVENT dedicated to the work of iconic pop-art artist, Andy Warhol. The Event will take place on Saturday, March 31, 2018 on Museum Way from Museum Drive to Belardo Road, SITE. USERs Initial SITE Entry will commence at 9:00 AM for the EVENT, with public entry commencing at 11:00 AM and continuing until 4:00 PM, and with all improvements removed by 5:00 PM, at which time Museum Way will reopen The EVENT will include but not be limited to the free community events set forth in the schedule for Warhol in the Park attached hereto as Exhibit A-1, and incorporated herein by this reference. VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Exhibit A Page 1 of 1 Exhibit A-1 Warhol in the Park is an arts & education exhibition aimed at engaging area students with the work of iconic pop-art artist, Andy Warhol. The EVENT opens on Saturday, March 31, 2018 at 11:00am and continuing until 4:00 PM. The EVENT takes place on Museum Way between Belardo Road and Museum Drive. Students from the Palm Springs Unified School District and surrounding schools and districts are invited to participate, for free. The curriculum includes a brief introduction to the life and work of Andy Warhol followed by the students painting their own interpretations of notable Warhol pieces including "Marilyn," "Warhol in the Parkbell's Soup" and others. Students' work will be exhibited on large art walls displayed outside the Palm Springs Art Museum, along the Event site. Children will be encouraged to take photos with their Warhol interpretations in an oversized "Warhol in the Park" photo booth for posting to social media. Recently opened Museum Way, outfitted in large "Marilyn" art towers and bright pink barricades, will be closed to vehicular traffic between Belardo Drive and Museum Drive for the 2 hour event. Warhol in the Park takes place during the Palm Springs Art Museum's current exhibition — Andy Warhol: Prints From the Collections of Jordan D. Schnitzer and His Family Foundation — on display through May 28th. Families of students participating in "Warhol in the Park" on Saturday, March 315t receive free admission to the museum that day. VENUE LICENSE, EVENT AND USE AGREEMENT Warhol in the Park Exhibit A-1 Page 1 of 1 DESEPUM1 DQUERIONES ACORn CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 03/28/2018 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 certificate holder in lieu of such endorsement(s). PRODUCER E%J� CT Teague Insurance Agency,Inc. PHONE FAX 4700 Spring St.,#400 AJC,No,Ext): (619)464-6851 (NC,_1(619)668-4715 La Mesa,CA 91942-0275 ADDRIESS:info@teagueins.com INSURERS AFFORDING COVERAGE NAICL INSURER A:Hanover American Insurance Compan_rL_ 36064 INSURED INSURERa-Allmerica Financial Benefits 41840 Desert Publications Inc.San Diego Magazine LLC INSURER C:Hanover Insurance Company 22292 303 N.Indian Canyon Drive INSURER D:Oak River Insurance Company 34630 Palm Springs,CA 92263 INSURER E:Continental Casualty Company 20443 INSURER F: 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 CONTRACT 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_. _ LTR TYPE OF INSURANCE POLICY NUMBER LIMITS INSR ADDL SUBR I POLICY EFF POLICY EXP MMID /VYYY MMI A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 cLAIMSMADE X OCCUR ZZ3D38520100 10/01/2017 1010112018 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence S MED EXP(Anyone erson $ 10,000 PERSONAL&ACV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 PRO- 4,000 000 POLICY JECT _J LOG PRODUCTS-COMPIOP AGG S '_ OTHER. $ B AUTOMOBILE LIABILITY 'ii COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO LAW3D385205 1010112017 10/01/2018 BODILY INJURY(Per Person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED / PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY f/ Per accident $ $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESSLIAB CLAIMS-MADE UH3D38520200 10/01/2017 10/01/2018 AGGREGATE $ 2,000,000 DED RETENTION$ D WORKERS COMPENSATION X 'PER OTH- AND EMPLOYERS'LIABILITY !STATUTE I JER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X DEWC808671 04/30/2017 04/30/2018 1,000,000 OFFICERIM E MISER EXCLUDED-, NIA E.L EACH ACCIDENT $ 'I(Mandatory In NH) J E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ E IErrors&Omissions 696724480 10/01/2017 10/01/2012 General Aggregate 2,000,000 E Errors&Omissions 696724480 10/01/2017 10/01)2018 Occurence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Event-Warhol in the Park City of Palm Springs,its officials,employees,and agents are included,when required by written contracs or agreement,as additional insured with prima noncontributory wording and er of subrogation with respects to Genera la I dv or ongoing operations only;and waiver of subrogation with respects to Workers Compensation,per attachedTorm. 30 days notice of cancellation aignliies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Palm Springs THE EXPIRATION DATE ACCORDANCE WITH THE POLICY RPROVISIONS.TICE WILL BE DELIVERED IN 3200 E Tahquitz Canyon Way Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured —Primary and Non-Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage—Borrowed Equipment, Customers Goods& Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments—Extended Reporting Period Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non-owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits - Bail Bonds $2,500 - Loss of Earnings $1000 12.JUnintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) Permit designated in the contract, agreement or The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of / a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an (1) Only applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury", "property damage", or "personal and advertising injury" caused, in (2) Will not be broader than the insurance whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 (3) Applies on a primary basis if that is advertising injury" involved the rendering required by the written contract, written of or failure to render any professional agreement or permit. services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is (5) Does not apply if the "bodily injury", added to SECTION III — LIMITS OF "property damage" or "personal and INSURANCE: advertising injury" is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance: c. This provision does not apply: 1. Required by the contract, agreement or (1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the "bodily injury", "property Insurance shown in the Declarations. damage", or "personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the (2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Non- issued by us and made part of this Contributory Coverage Part. The following is added to SECTION I — (3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY (a) After the equipment lease expires; or CONDITIONS, Paragraph 4. Other insurance: (b) If the "bodily injury", "property Additional Insured — Primary and Non- damage", "personal and advertising Contributory injury" arises out of sole negligence of If you agree in a written contract, written the lessor agreement or permit that the insurance provided to (4) To any: any person or organization included as an (a) Owners or other interests from. whom Additional Insured under SECTION II — WHO IS land has been leased which takes AN INSURED, is primary and non-contributory, place after the lease for the land ex- the following applies: pires; or If other valid and collectible insurance is available (b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our (i) The occurrence takes place after obligations are limited as follows: you cease to be a tenant in that premises; or a. Primary Insurance (ii) The 'bodily injury", "property This insurance is primary to other insurance damage", "personal injury" or that is available to the Additional Insured "advertising injury" arises out of which covers the structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except: (5) To "bodily injury", "property damage" or (1) For the sole negligence of the Additional "personal and advertising injury" arising Insured; out of the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims liability policy; or against any insured allege negligence or (3) when b. below applies. other wrongdoing in the supervision, hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance "occurrence" which caused the "bodily is also primary. Then, we will share with all injury' or "property damage" or the offense that other insurance by the method described which caused the "personal and in c. below. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 4 b. Excess Insurance insurer contributes equal amounts until it has (1) This insurance is excess over any of the paid its applicable limit of insurance or none of other insurance, whether primary, excess, the loss remains, whichever comes first. If any contingent or on any other basis: of the other insurance does not permit contribution by equal shares, we will contribute (a) That is Fire, Extended Coverage, by limits. Under this method, each insurer's Builder's Risk, Installation Risk or share is based on the ratio of its applicable similar coverage for"your work"; limit of insurance to the total applicable limits (b) That is Fire insurance for premises of insurance of all insurers rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional Insured with permission of the owner; The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY (c) That is insurance purchased by the CONDITIONS, Paragraph 8. Transfer Of Rights Additional Insured to cover the Of Recovery Against Others To Us: Additional Insured's liability as a tenant for "property damage" to We waive any right of recovery we may have premises rented to the Additional against any person or organization with whom you Insured or temporarily occupied by the have a written contract that requires such waiver Additional with permission of the because of payments we make for damage under owner; or this coverage form. The damage must arise out of your activities under a written contract with that (d) If the loss arises out of the person or organization. This waiver applies only to maintenance or use of aircraft, "autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contract executed prior to the "occurrence" to Exclusion g. of SECTION I — or offense giving rise to such payments. COVERAGE A — BODILY INURY AND PROPERTY DAMAGE 4. Bodily Injury Redefined LIABILITY. SECTION V — DEFINITIONS, Definition 3. "bodily (2) When this insurance is excess, we will injury" is replaced by the following: have no duty under Coverages A or B to 3. "Bodily injury" means bodily injury, sickness or defend the insured against any"suit"if any disease sustained by a person including death other insurer has a duty to defend the resulting from any of these at any time. "Bodily insured against that "suit". If no other injury" includes mental anguish or other insurer defends, we will undertake to do mental injury resulting from"bodily injury". so, but we will be entitled to the insured's 5. Broad Form Property Damage — Borrowed rights against all those other insurers. Equipment, Customers Goods, Use of (3) When this insurance is excess over other Elevators Insurance, we will pay only our share of a. SECTION I —COVERAGES, COVERAGE A— the amount of the loss, if any, that BODILIY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph 2. (a) The total amount that all such other Exclusions subparagraph j. is amended as insurance would pay for the loss in the follows: absence of this insurance; and Paragraph (4) does not apply to "property (b) The total of all deductible and self damage" to borrowed equipment while at a insured amounts under all that other jobsite and not being used to perform insurance. operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage"to "customers goods"while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy. Insurance shown in the Declarations of b. The following is added to SECTION V — this Coverage Part. DEFINTIONS: c. Method Of Sharing 24. "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being: method also. Under this approach each 421-2915 06 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 a. worked on; or 10. Non-Owned Watercraft b. used in your manufacturing process. SECTION I — COVERAGES, COVERAGE A c. The insurance afforded under this provision is BODILY INJURY AND PROPERTY DAMAGE excess over any other valid and collectible LIABILITY, Paragraph 2. Exclusions, property insurance (including deductible) subparagraph g.(2)is replaced by the following: available to the insured whether primary, g. Aircraft, Auto Or Watercraft excess, contingent (2) A watercraft you do not own that is: 6. Knowledge of Occurrence (a) Less than 51 feet long; and The following is added to SECTION IV — (b) Not being used to carry persons or COMMERCIAL GENERAL LIABILITY property for a charge; CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit: This provision applies to any person who, with your consent, either uses or is e. Notice of an "occurrence", offense, claim or responsible for the use of a watercraft. "suit" will be considered knowledge of the insured if reported to an individual named 11. Supplementary Payments Increased Limits insured, partner, executive officer or an SECTION I — SUPPLEMENTARY PAYMENTS "employee" designated by you to give us such COVERAGES A AND B, Paragraphs 1.b. and a notice. 1.d. are replaced by the following: 7. Liberalization Clause 1.b.Up to $2,500 for cost of bail bonds required The following is added to SECTION IV — because of accidents or traffic law violations COMMERCIAL GENERAL LIABILITY arising out of the use of any vehicle to which CONDITIONS: the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Liberalization Clause 1.d.All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at our request to assist us in the coverage under this Coverage Form without investigation or defense of the claim or "suit", additional premium, within 45 days prior to or including actual loss of earnings up to $1000 a during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part. 12. Unintentional Failure to Disclose Hazards 8. Medical Payments — Extended Reporting Period The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY a. SECTION I —COVERAGES, COVERAGE C— CONDITIONS, Paragraph 6. Representations: MEDICAL PAYMENTS, Paragraph 1. Insuring Agreement, subparagraph a.(3)(b) We will not disclaim coverage under this Coverage is replaced by the following: Part if you fail to disclose all hazards existing as of the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the accident; and 13. Unintentional Failure to Notify b. This coverage does not apply if COVERAGE The following is added to SECTION IV — C — MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY by the provisions of the Coverage Part or by CONDITIONS, Paragraph 2. Duties in the Event endorsement. of Occurrence, Offense, Claim or Suit: 9. Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be SECTION II — WHO IS AN INSURED, Paragraph prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury" or "property damage" is not covered the end of the policy period. under this policy. ALL OTHER TERMS, CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 06 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 C (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the applicable manual premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5%of total manual premium. / The minimum premium for this endorsement is$350. ✓ This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Specific Waiver Person/Organization: City of Palm Springs Job Description: Palm Springs Art Museum Waiver Premium: 350.00 Payroll Subject Class State to Waiver 8807 CA 1,215.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/30/2017 Policy No. DEWC806571 Endorsement No.: Insured: Premium$ Insurance Company,Oak River Insurance Company WC 99 04 02C Countersigned by (Ed. 9-14) ZZ3 D385201 00 1001099 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION to designated ENTITy(s) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Designated Entit Mailing Address or Email Address Number Days Notice CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY 30 PALM SPRINGS CA 92262 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s)will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1235 1214 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 i3GS /C+AL1F��ffyyRNiA��yyDE L SERVICES ENT lti�P IC �! V E iY E r5 A L � R Y R�,r E J - C5C1Y8tllOf Hd11lUi1d C;.HfOWt1 Jr. July 01,2017 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 20171 JUNE 30,2018 To Whom It May Concern: In accordance with Government Code section 11007.4,the State of California has elected to be self-insured for liability exposures. Under this form of insurance, the State and its employees acting in the course and scope of their employment are insured for tort liability arising out of official State business. All claims against the State of California based on tort liability should be presented as a government claim to the Government Claims Program, P.O.Box 989052 MS 414,West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: htto://www.das.ca.goy/orim/­­Proarams/GovemmentClaims.asDx. The State of California has also elected to be insured for its-motor vehicle liability exposures through the State Motor Vehicle Liability Self-Insurance Program.(VELSIP). This program provides liability coverage arising out of the operations of motor vehicles used by state employees for official state business (California Vehicle Code Sections 17000 and 17001). Motor vehicle liability claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MS-403,West Sacramento, CA 95798- 9052, (800) 900-3634, claimsadas.ca.aov. If your motor vehicle liability claim is not resolved ! within sic months from the date of loss, California law requires you to file a formal claim with the r Government Claims Program, P.O. Box 989052 MS 414,West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: j http://www.das.ca.goy/orim/Proarams/GovemmentClaims.asi)x. ! The State of California has a {Master Agreement with the State Compensation Insurance Fund regarding workers' compensation benefits for all-§fate employees, as required by the Labor Code. Sincerely, Christopher Carroll Associate Risk Analyst Insurance Services Unit _ --- -_-._---- -- - _.----- ----.. .. Phone: (916)-37&5279 - Fax: (916) 376.5275 ch ristop her,carroil@dgs.ca.gov Office of Risk and Insurance Management I State of Caotornia I Government Operations Agency 707 W Street, 1st Floor I West Sacramento,CA 95605 1 t 916.376.5300 f 916.37&5277 REV 07127116 G5cAt.ir[,re ]A u[IAI,If!r k I o,' GENERAL SERVICES uroorEi„ , ��, July 1, 2017 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1,2017/JUNE 30,2018 To Whom It May Concern: In accordance with Government Code section 11007.4, the State of California has elected to be self-insured for liability exposures. Under this form of insurance, the State and its employees acting in the course and scope of their employment are insured for tort liability arising out of official State business. All claims against the State of California based on tort liability should be presented as a government claim to the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: http://www.das.ca.aov/odm/Pro-grams/GovemmentClaims.aspx. The State of California has also elected to be insured for its motor vehicle liability exposures through the State Motor Vehicle Liability Self-Insurance Program(VELSIP). This program provides liability coverage arising out of the operations of motor vehicles used by state employees for official state business(California Vehicle Code Sections 17000 and 17001). Motor vehicle liability claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MSA03, West Sacramento, CA 95798- 9052, (800) 900-3634, claims0das.ca.gov. If your motor vehicle liability claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, at. seq.) Internet link: http://www.dqs.ca.gov/orim/P[ograms/GovemmentClaims.asDx. The State of California has a Master Agreement with the State Compensation Insurance Fund regarding workers'compensation benefits for all state employees, as required by the Labor Code. Sincerely, Lyr>4ah Graf, CR/S soci As ate Risk Analyst Insurance Services Unit Phone: (916)376-5290 Fax: (916)376-5275 Lvnan.grafCa dgs.ca.gov Office of Risk and Insurance Management I State of California I Government Operations Agency 707 3rd Street, lsf Floor I West Sacramento, CA 958051 t 916.376.5300 f 916.376.5277 REV 07127116 NON-EXCLUSIVE USE AGREEMENT (Council Chamber and Front Foyer) This Use Agreement ("Agreement") is made and entered into this dayof December, 2017, by and between the City of Palm Springs ("City") and the County of Riverside. Department of Public Social Services (DPSSJ. Adult Services Homeless Pro rams ("User"), concerning the use of the Council Chamber and Front Foyer located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of Monday, January 8. 2018 , beginning 12:30 p.m. and ending 4:00_p.m. 2. FACILITY USE. 2.1 City Hall Frontage and Council Chamber Foyer. City grants User the non- exclusive use of City Hall frontage and Council Chamber foyer, located at 3200 E.Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is an exemption charged to the User for the use of the Facility for this. event, payable to the City of Palm Springs in advance.The User will be responsible for any additional fee,beyond the stated hours of the event, at the rate of$ N/A per hour. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and focal laws, ordinances,and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility,during business hours that City Half is open to the public. City Hall is to conduct the business of the City of Palm Springs.The Users non-exclusive use shall not interfere or hinder the conduct of City operations. 3.3 The User will provide its own projector. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Bests Guide Rating of A-, Class VII or better. 1 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties,obligations, errors, omissions or liabilities (herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323=8299 Attention: City Manager User. County of Riverside Department of Public Social Services (DPSS) Adult Services, Homeless Programs 4060 County Circle Drive Riverside, CA 92503 (951) 358-5501 Attn: Evelyn Pham [SIGNATURES TO FOLLOW] 2 r IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS 7Z Date: David H. Ready, Esq., Ph.D., C' anager APPROVED BY CITY MMJAGER ATTEST: . Date: i 2�l9l Zw -7 A any J. Meji rk APPR D AS TO FORM: 64L� Date: Edward Z. Kotkin, City Attorney USER By: Date: Signature Its: 0-f- kc e k t1Tjkv* �t Title 'pSJsS �„a�s� �i�1�fR—hA R:OtleGHome!nfnmfNon£xduf IveUf ePyreemen0ee17 3 OJ R MICHAEL STOCK, J 0%AV&f Y OF • Asst.Count Executive Officer/ * * T R side Human Resources Director t Rj q9 Risk Management Division 4yy �s Post Offioe Box 1210, Riverside, CA 92502-1210 (951) 955-3540 Fax (951) 955-5862 CERTIFICATE OF INSURANCE OR SELF-INSURANCE THIS IS TO CERTIFY THAT THE SELF INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE EXCESS POLICY. Type of Coverage Company and Policy Period Limits of Liability Policy Number Bodily Injury/Property Damage Commercial 07/01/2017 $1,000,000 Combined General Liability Self-Insured to Single Limit Per Including Vehicle 07/01/2018 Occurrence with No 0 Liability Aggregate Limit Workers' 7/1/2017 Compensation Permissibly to &Employers' Self-Insured 7/1/2018 Liability Medical Malpractice 10/1/2017 (Professional Self-Insured to Liability) 10/1/2018 The County of Riverside certifies that the above self-insured program is in effect as respect to: County of Riverside PSS, Adult Services Division, is conducting a training in the City of Palm Springs for the Homeless Point-in-Time Count; 01/08/2018—01/09/2018 Certificate Holder Cancellation City of Palm Springs Council Chamber In the event of cancellation of the self-insurance program o Attn:Dale E.Cook,Jr. policy designated below, it is the intent of the County o 3200 E.Tahquitz Canyon Way Riverside to mail 30 days'prior notice thereof. Palm Springs,CA 92262 This certificate is not valid unless sighed by an authorized representative of the County of Riversi Risk Management Division. Date: December 19, 2017 elfl L. Hunter cc: Evelyn Pham, Office Assistant III @ Department of Public Social Services City of Palm Springs Parks & Recreation Department Recreational Instructor Agreement NAME: Niruby James ADDRESS: 1555 E. Holt Blvd. 54804 Ontario, CA 91761 PHONE: 909-545-9208 INSTRUCTION TYPE: Motivational Speaker This Recreational Instructor Agreement ("Agreement") is made and entered into this 1 St day of 'DCLLuhbZy' , 20�by and between the CITY of Palm Springs, a California charter city and municipal corporation, ("CITY") and Niruby James , an individual or entity and his/her employees, agents, or officers (collectively referred to as "INSTRUCTOR"). I. SCOPE OF WORK A. CITY seeks to provide Motivational instruction. INSTRUCTOR shall perform all necessary and appropriate services consistent with that purpose ("Services"). Services are detailed in Exhibit "A," attached hereto and incorporated herein by reference. B. Services shall be performed at James O. Jessie DHUC ("Facilities"). C. INSTRUCTOR warrants that he/she is qualified to provide CITY with Services, and holds all necessary certifications and licenses. D. INSTRUCTOR warrants that he/she will provide all necessary supplies, equipment, personnel, and other such necessities that enable him/her to perform the Services in a safe, competent, and professional manner. E. INSTRUCTOR shall perform the Services in a manner consistent with industry standards and the expectations of a reasonable person. 11. DURATION A. Services shall begin on November 2, 2017 and end on June 11, 2018. B. This Agreement may be extended by written agreement between CITY and INSTRUCTOR. C. CITY may terminate this Agreement at any time, with or without cause, by giving written notice to INSTRUCTOR. Upon receipt of notice of termination, INSTRUCTOR shall cease performance of all Services on the date set forth on the notice of termination, or immediately if no date is provided. INSTRUCTOR shall be entitled only to compensation for services rendered prior to the termination date. I ORIGINAL BID 1159531.1 AND/OR AGREEMENT III. COMPENSATION A. CITY agrees to pay INSTRUCTOR for the performance of Services on the following terms: 1. Flat fee $ 2. Hourly fee $ 3. Contingent fee $ 45 per youth 4. Other B. All compensation shall be paid on a monthly basis. C. INSTRUCTOR shall not be entitled to any additional compensation. IV. USE OF FACILITIES A. INSTRUCTOR shall only use the Facilities for the Services described in this Agreement. B. INSTRUCTOR shall be responsible for any damage caused to the Facilities arising out of his/her rendering of the Services. C. INSTRUCTOR shall ensure that the Facilities are clean following each use. D. INSTRUCTOR shall ensure that the Facilities are secured following each use. V. INSURANCE The CITY reserves the right to require INSTRUCTOR to maintain insurance for the duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and incorporated herein by reference. INSTRUCTOR shall provide CITY with proof of insurance prior to the commencement of Services. V1. INDEMNITY To the fullest extent permitted by law, INSTRUCTOR shall defend (at INSTRUCTOR'S sole cost and expense), indemnify, protect, and hold harmless CITY, its 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 (INSTRUCTOR'S employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to INSTRUCTOR'S performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit INSTRUCTOR'S indemnification obligation or other liability hereunder. INSTRUCTOR'S indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 2 1159531.1 VII. INDEPENDENT INSTRUCTOR The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make INSTRUCTOR a CITY employee. During the performance of this Agreement, INSTRUCTOR and its officers, employees, and agents shall act in an independent capacity and shall not act as CITY officers or employees. INSTRUCTOR will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of INSTRUCTOR shall at all times be under INSTRUCTOR'S exclusive direction and control. Neither CITY nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of INSTRUCTOR or any of its officers, employees, or agents, except as set forth in this Agreement. INSTRUCTOR, its officers, employees or agents, shall not maintain a permanent office or fixed business location at CITY'S offices. CITY shall have no voice in the selection, discharge, supervision, or control of INSTRUCTOR'S officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. INSTRUCTOR shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. CITY shall not in any way or for any purpose be deemed to be a partner of INSTRUCTOR in its business or otherwise a joint venture or a member of any joint enterprise with INSTRUCTOR. VIII. SUBCONTRACTING OR ASSIGNMENT PROHIBITED INSTRUCTOR'S expertise, capability, and reputation were a substantial inducement for CITY to enter into this Agreement. A. Only those authorized in writing by the CITY may render Services or perform any term of this Agreement. B. INSTRUCTOR shall not agree with any other party to perform the Services without the CITY'S express prior written approval. C. This Agreement shall not be assigned in whole or in part to another party without CITY'S express prior written approval. IX. INTEGRATED AGREEMENT This Agreement contains all terms and conditions between INSTRUCTOR and CITY and cannot be supplemented or modified without mutual written agreement. X. COMPLIANCE WITH THE LAW A. INSTRUCTOR shall perform all Services in accordance with all applicable federal, state, and local laws. B. INSTRUCTOR shall obtain and keep current any necessary licenses or permits necessary for the lawful performance of Services. C. In the performance of Services, INSTRUCTOR shall not discriminate against any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 3 1159531.1 XI. CRIMINAL BACKGROUND CHECK CITY may require INSTRUCTOR to submit to, and pass, a criminal background investigation prior to the commencement of Services. XIL 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. XIII. ATTORNEY FEES In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. INSTRUCTOR hereby warrants that he/she has fully read this Agreement, understands and agrees to each and every term, and is authorized to sign on behalf of any authorized persons performing the Services. - cw�x Instructor Signat e Date l� //" Printed Nam Title David H. Ready, City Manager Date City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 A ST. 760.323.8201 L Clerk FT APP E AS TO RM: CG4 _�t I* EDWARD KOTKI , Date City Attorney APPROVED BY CITY MAGER 4 1159531.1 5 115953 1.1 EXHIBIT A 1. Describe activity/instruction and services to be rendered: Teaching personal enrichment classes for youth. 2. Frequency of meetings: Two classes per month—one class for the boys and one class for the girls. November through June; 15`&2°d Thursdays, 4:30 p.m. — 5:30 p.m. 3. List all instructors, assistants, helpers, volunteers: NAME ROLE Niruby James Instructor 4. List materials and supplies to be used: All materials and supplies will be provided by the instructor and is included in the cost for the class. 5. Estimated class size: Maximum 6 youth per class—one for the boys and one for the girls. 6. Fee schedule: $45 per youth 6 1159531.1 EXHIBIT B INSURANCE REQUIREMENTS 7 1159531.1 A Matter of.Balance/Lay Leader Model Agreement THIS AGREEMENT is entered into this �� by the.MIZELL SENIOR CENTER,anon-profit corporation incorporated in the State of California with a principal business at 480 S.Sunrise.Way,Palm.Springs,CA,92262,andthe JAMES,O JESS.IE,DESERT HIGHLAND UNITY CENTER located-at490-TRAMVIEW ROAD,PALM SPRINGS,CA 92262. Whereas,the MIZELL SENIOR CENTER("MIZELC)holds the title to training materials including comprehensive facilitator manual entitled"A Matter of Balance: Lay Leader Model"l"AMOB");and Whereas,JAMES OJESSIE DESERT:HIGHLAND UNITY CENTER(9CJDHUC")desires to acquire the right to use AMOB in orderto, among other things;train Volunteer Lay Leaders to serve:as AMOK Coaches and.conduct A Matter of Balance classes, Now,therefore,in consideration of their mutual premises.and the mutual undertakings herein contained:the parties agree: 1. Grant of Use: MIZELL hereby grants,to JOJ DHUC,the non-exclusive non-transfera We right to use AMOK in accordance with the Master Trainer Manual,Master Trainer Job Description,AMOK Coach JobDescription,AMOK Coach Manual and eval uation tool. Appropriate outcome measurement parameters.for this program are the following: Falls Efficacy,Falls Management,. Fa Its Control,and-Exercise Level. In addition,MIZELL Will provide quality control and ongoing coaching to the JOJ DHUC AMOB Coaches,supplemental training for new coaches,and work closely with JOJDHUC.to.ensure a quality program. 2. Resmlctionst JOIDHUCshall not(a)sell,.distribute or sublicense AMOB or anyportion thereof,(h).modify or adapt AMOB,or (c)translate,reverse engineer,or create any derivative-work of AMOB. JOJ DHUC shall only use AMOB in the manner authorized. Copies of materials are to be made only to extent necessary to conduct program with seniors. 3. DeUverables: 3a.IDIDHUC.will Identify8.12 participants for each course(8 sessions)and be willingto solicit participantsfrom other programs,ex.Improve My Balance,FitAfter50,Yoga. JOJDHUC will have at least two(2)courses aver the duratien:of this. agreement. IO)DHUC will identify the participant Cost.of-their course.JOJDHUC will identify Coaches to instruct subsequent Courses,other than the original course cc-instructed by MIZELL Master Trainers, JOJDHUC will assist MIZELL and the Hea(th Assessment&Research Communities(MARC)organization,in evaluation and measurement after each.class,up through the. end of:this agreement. JOJDHUC will provide healthy snacks for participants.at each.session. 3b.MIZELLwill provide overall program support by the Program Director and Master Trainers. Master Trainers will teach curriculum to coaches and provide them with ongoing guldance,and mentoring. MIZELL wfuprovideinitlaltrainermaterials - and participant.ocutse materials. Subsequent participant materials will be reproduced by-JOJDHUC.MIZELL will provide evaluation forms to participants.and reportbacl:to MARC at the end of each class,withJDJDHUC's assistance.- MIZELL is responsible for Valley wide media and.print communications,arid promotion of overall program: MIZELL will refer potential participants to:the IOJOHLJC program. 4.. Credit: Any publication of AMOK,many adaptation thereto,whether in print,video or computer-based publication,shall bear .the DE5ERT HEALTHCARE DISTRICT,the AUEN FOUNDATION and the REGIONALACCE55 PROJECT FOTN name and/be logo and the following credlt:- A Matter of Balance:,Managing Concerns Abeut Falls/Volunteer lay Leader Model—Copyright 2006 -This program is based on"Fear of Fallings A Matter of Balance"Copyright 1995 Trustees of.Roston University. All rights reserved.. Used and adapted by permission of Boston University. Inquiries regarding the original program may.be.difected to Boston'University;.Health&Disability Research Institute,53 Bay State Road,Boston;Massachusetts,02215. A Matter of balance was created with support from the National Institute on Aging. A Matter of Balance Lay Leader Model was-developed by grant from the Administration on Aging(490AM2780). Copyright-All.rights reserved,MaineHealth's Partnership for Healthy Aging. 5. JodemnQhation. 5a. To the extent permitted by law,1010HUCshall at all times during the term of this Use Agreementand thereafter;defend and hold MIZELL,its trustees,officers,empioyee.s,agents and affiliates(together,"indemnitees").harmless.from and againstall claims, suits,demands,liability and expenses including legal expenses and reasonable attorneys'fees,:arising out of any negllgent.a.ct or omission of JOJDHUCpursuant to this Agreement. 5b To the extent permitted by laW.MIZELL shall at all tunes during the term ofth]s Use Agreement and thereafter,defend and hold JDJDHUC,its board of directors,officers,_empicyees,.agents and affiliates(together,"indemnitees'(harmless from andagainst all claims,suits,demands,liability and expenses;inducing legal expenses and reasonable attorneys'fees,arising out of any negligent actor omission of MIZELL pursuant to this Agreement. G. RespanslbiNry forActsor Omissions 6a. JDJDHUC agrees to accept and be responsible for own acts or omissions,as well as those acts:or omissions of Rs employees and agents,and nothing In this Agreement shall be interpreted or construed.tu place any such responsibility on MIZELL. 6b.MIZELL agrees to accept and.be responsibfe for its own acts or ornwions,as welhas those acts or omissions of its employees and agents,and nothing in this Agreement shall be Interpreted or construed to.piace any such responsibility on JOIDHUC:: 7.. Term of Agreementr This agreement will remain in effect through July 31,2019,unless canceled by'either party,with prior written notice.. IN WITNESS WHEREOF,the parties herera,each acting under due and proper authority,have set their hands odd seols os of the date first written. above. MIZELL SENIOR CENTER JAMES O JES51E HIGHLAND UNITY CENTER V Suzanne pencer David Ready Director,Fall Prevention Program Palm Springs City Manager APPROVED BY CITY MANAGER 769423;56119 X 110 760-323-8271 • r 0 A�1 Y 1\`II /v'/ �1tIV1 ►`-/stF Dale Date TOFOM ATTE T: CM ATTOW" yyWMCity Clerk �» Not To Exceed $ — O Without The Express Written Wriss�n Authorization Of The City Manager. A Matter of Balance/Lev Lea�gr Model ILreement THIS AGREEMENT Is eatwed kite this 1 v 1AV by the M.ZE%.SENIOR CENTER,A non-profit corporation Incorporated in the Slate of CA efornla with a principal buslimi At 430S,Sunrise Way,PA'm Springs,CA,92262 Nod 11•e JAMES 0 JESSIE DESERT HIGHLAND UNITY CENTER bated at 410 TRAMMEW ROAD,PALM SPRINGS,CA 92262. WherwSt the MIZEIL 5entoR CENTER("MIZE.L"I holds the It to training materak Inducing a comprtherdia fact tutor manual entiVed'A Matter of Balance lAy L4ader Model("AMOB").awd Whereas,JAMES 0 JESSIE DESERT HIGHLAND UNITY CENTER 14JOJDHUC')desires to acqulra the tight to vie AMOK In order to, among other things,train Volameer Lay Leaders to serve as AMOS Coachts and conduct A Matter of Balance classes Now,therefore,In consideration of their mutual promise and the mutual undertal kings herein contained,the parlles agree: 2. Glaafof User MIZELL hereby grants to.OJDHUC,the non-exclusive non-transferable right to use AMOK in aecmdance with the Master Trainer hWtual,Master TralnerJob Detcrtptlon.AMOS Coach lob Description,AMOK Coach Manual and evaluation tool. Appropr ate outcome measurement parameters forth:&program ate The following:Palls Efficacy,Falls Management, FIRS Control,ana Exercise Level In add-tlon,MIZELL will provide quality comrot and ongoing coaching to the JOJDNUC AMOK Coathet,&uPPlementai training for now coaches,end work closely with JOJDHUC to ensure a quality program. Z. Ntifrktiam:JOIDNUC char not la)sell,dist,ibutt of sublicense AMOS of any portion thartaf,(b)mod'dy or adapt AMUR,or (c)trambte,rmag engineer,of create any derinthro work of AMOK JOIOMX shin only use AMOK In the manner authorized. Copies of matarbls are to he mode anty to extent necessary to conduct program with seniors. 3. Oeavaraides., 2&Jo)DHUC wd1 Identify 9.12 partkspants for each course(B sesslom)and be wiling to solicit participant from other 9058r2ms,ex.Fit After SO,Yap.JDJDHUC will have at bast two courses over the duration of this agreement, )OJOHUCw(li identify the participant cost of thelr course.)O)DNUC WI Identify Coaches to Instruct subsequent courses,other thin the original courts co-lnstructtd by MIZELL Nester Tralmrs.JOJOHUC will asslst MIULL and the Health Assessment&Research Communities IHARCI organisation,In evaluation and measuremart after each class,up through the end of this agreement. JOIONUC will provide healthy snacks for parddpaRIS At each Session. It PPOR ol,Lhe F'ralramand Matter Tramers. Master trainers wig leach curriculum to[caches and provide them with ongoing guidance and menrotlO&MIZELL wig provide Initial trainer materials and partitt"m course matalob,Sobsegtmt psnidpont materials wig be rwodeced by JOJOHUC.MiMLL vAl provide evahntiort forms to participants and report back to HARC at the erldof each dais,with J01DNUC's asstsance. MiZELL b responsible for valley wide media and print communications,and promotion of overall program.MIZELL wig rater potential participant to the JOJOHVC program. 4. Credit:Any publication ofAMOa,of any adaptation thereto,whether in Print,video crcompoter-baled publication,shall bear the DESERT HEALTHCARE DISTRICT and ALIEN FOUNDATION name and/of logo and the following crtdq: A Matter of Balance:Managing Concerns About FalvWuntetr Law Leader Model—Copyright 2006 This program Is based oa"Fear of Foling:A Matter of Balance"Copyright 199S Trustees of Boston Unharsky. All right reserved. used and adapted by permission of BGstea University. Ingoides regarding the original program may be directed to Boston LMHetsity,Health&Dballi ty Research Institute,53 Bay state Road,Boston,Massachusetts,02215.A Matter of Balance was created with support from the National Institute on ARM4 A Matter of Balance Lay leader Model was developed by a grant from the Admhtbtralioa on Aging(19QAMZ780). Copyright-All rights reserved,MeineHeakh's Partnerthlp for HeakhyAging, 5. Indemnification: So. To the extent permitted by law,J0IDHUC Shall At ag times diving the term of this Use Agreement and therestler,defend and imld WELL,Its trustees,officers,amployaeL agents and Willies(together,'indemnitees')harmless from and against alldalms, suhs,demands,habd.ty and expenses,Including legal expenses and reasonable attorneys'lees,arising out of any negligent act or om'uon of JOJDHUC purWant to this Agreement. Sb To the extent permitted by tow,MIMI.shag atoll times during thete:m of th S Use Agreement and thereafeer,defend and hold JDJOHUC,is board of directors,officers,emphsyees,agents and affiliates(together,indomniteorl harmless tram and against all claims,suits,demands Lobigty and expenses,Including lega'expenses and tease able attorneys'fees,adsing out of any negligent act or omlls on of MIZELL pursuant to this Agreement. 6. Aesponrlbilityfor Acts or Orrrtssfonrt 6a 10CH.$agrees to accept and be responsible for its own WSW emissions,Uwe INS those at0 or omisslons of its employees and agents.and nolhingln this Agreement shall be inte•preted or construed to place any such responsibility,OR MIZELL 6b.aA 2Etl agrees to accept and be responsib a for Its Own WSW emus ens,a we9 as those acts or omissions of its employees and agents,and noth:ng in this Agreemerl shall be interpreted or construed to place any such responsibility on JOJDHUC. 7. Term afAgreemenr.This aBy!ment will remain In Of=through rnoy 31,2017,unless canceled by either party,with prior wrrtton not.Cu In WIWISS WHEREOF,the parties het%ecch acting under due and proper authority.hoveset their hands and soots as of the dote first wBtten above MIL` CITY OF PALM SPRINGS �DAVID H. READY su Spencer City Manager APPROVOBY,CITYMANAGER Director, Fig Prevention Program 760.323.56119 x L1O IIr �n7 /�j 11, J10 Date 1V. " Nte k3'ZD' ATTEST: ;Ei RWEy t, _ r A Matter of Balance/Lay Leader Model Agreement THIS AGREEMENT is entered into this rr, /�by the MIZELL SENIOR CENTER,a non-profit corporation incorporated in the State of California with a principal business at 480$.Sunrise Way,Palm Springs,CA,92262 and the JAMES 0 JESSIE DESERT HIGHLAND UNITY CENTER located at4SOTRAMVIEW ROAD,PALM SPRINGS,CA 92262. Whereas,the MIZELL SENIOR CENTER("MIZELL")holds the title to training materials Including a comprehensive facilitator manual entitled"A Matter of Balance: Lay Leader Model"("AMOS");and Whereas,JAMES O JESSIE DESERT HIGHLAND UNITY CENTER("JOJDHUC")desires to acquire the right to use AMOS in order to, among other things,train Volunteer Lay Leaders to serve as AMOB Coaches and conduct A Matter of Balance classes, Now,therefore,in consideration of their mutual premises and the mutual undertakings herein contained,the parties agree: 1. Grant of Use: MIZELL hereby grants to JOJDHUC,the non-exclusive non-transferable right to use AMOS in accordance with the Master Trainer Manual,Master Trainer Job Description,AMOS Coach Job Description,AMOK Coach Manual and evaluation tool. Appropriate outcome measurement parameters for this program are the following: Falls Efficacy,Falls Management, Falls Control,and Exercise Level. In addition,MIZELL will provide quality control and ongoing coaching to the JOJDHUC AMOK Coaches,supplemental training for new coaches,and work closely with JOJDHUC to ensure a quality program. 2. Restrictions: JOJDHUC shall not(a)sell,distribute or sublicense AMOK or any portion thereof,(b)modify or adapt AMOS,or e)translate,reverse engineer,or create any derivative work of AMOS. JOJDHUC shall only use AMOS in the manner authorized. Copies of materials are to be made only to extent necessary to conduct program with seniors. 3. Deliverables: 3a.JOJDHUC will identify 8.12 participants for each course IS sessions)and be willing to solicit participants from other programs,ex.Fit After 50,Yoga. JOJ DHUC will have at least two(2)courses over the duration Of this agreement. JOJDHUC will identify the participant cost of their course.JOJDHUC will identify Coaches to instruct subsequent courses,other than the original course cc-Instructed by MIZELL Master Trainers. JOJDHUC will assist MIZELL and the Health Assessment&Research Communities(HARC)organization,in evaluation and measurement after each class,up through the end of this agreement. JOJDHUC will provide healthy snacks for participants at each session. 3b.MIZELL will provide overall program support by the Program Director and Master Trainers. Master Trainers will teach curriculum to coaches and provide them with ongoing guidance and mentoring. MIZELL will provide initial trainer materials and participant course materials. Subsequent participant materials will be reproduced by JOJDHUC.MIZELL will provide evaluation forms to participants and report back to HARC at the end of each class,with lOJDHUCs assistance. MIZELLis responsible for Valley wide media and print communications,and promotion of overall program. MIZELL will refer potential participants to the JOIDHUC program. 4. Credit: Any publication of AMOK,or any adaptation thereto,whether In print,video or computer-based publication,shall bear the DESERT HEALTHCARE DISTRICT and AUEN FOUNDATION name and/or logo and the following credit: A Matter of Balance: Managing Concerns About Falls/Volunteer Lay Leader Model—Copyright 2006 This program is based on"Fear of Falling: A Matter of Balance"Copyright 1995 Trustees of Boston University. All rights reserved- Used and adapted by permission of Boston University. Inquiries regarding the original program may be directed to Boston University,Health&Disability Research Institute,53 Bay State Road,Boston,Massachusetts,02215. A Matter of Balance was created with support from the National Institute on Aging. A Matter of Balance Lay Leader Model was developed by a grant from the Administration on Aging(890AM2780). Copyright-All rights reserved,MaineHealtWS Partnership for Healthy Aging. S. Indemnification: So. To the extent permitted by law,JOJDHUC shall at all times during the term of this Use Agreement and thereafter,defend and hold MIZELL,its trustees,officers,employees,agents and affiliates(together,"indemnitees")harmless from and againstaliclaims, suits,demands,liability and expenses,including legal expenses and reasonable attorneys'fees,arising out of any negligent actor omission of JOJDHUC pursuant to this Agreement. Sb. To the extent permitted bylaw,MIZELL shall at all times during the term of this Use Agreement and thereafter,defend and hold JOJDHUC,its board of directors,officers,employees,agents and affiliates(together,"indemnitees')harmless from and against all claims,suits,demands,liability and expenses,including legal expenses and reasonable attorneys'fees,arising out of any negligent actor omission of MIZELL pursuant W this Agreement. 6. ResponsihllityforActs or Omissions: 6a. JOJDHUC agrees to accept and be responsible for its own acts or omissions,as well as those acts or omissions of its employees and agents,and nothing in this Agreement shall be interpreted or construed to place any such responsibility on MIZELL 6b.MIZELL agrees to accept and be responsible for its own acts or omissions,as well as those acts or omissions of its employees and agents,and nothing in this Agreement shall be interpreted or construed to place any such responsibility on JOJDHUC. 7. Term of Agreement: This agreement will remain in effect through May 31,2017,unless canceled by either party,with prior written notice. IN WITNESS WHEREOF,the parties hereto,each acting under due and proper authority,have set their hands and seals as of the dote first written above. MIZELL SENIOR CENTER CITY OF PALM SPRINGS � H. READY , City M Suzanne Spencer City Manager APPROVED BY CITY MANAGER Director,Fall Prevention Program 760-323.9689 x 110 �j 11 A . �� Date V� Date I�aV0�1� APP O AS TO FORM ATTES7:t ,L ' , �•�k�j�" City Clerk CITY ATTORNEY DATE /�- / • �D/� NON-EXCLUSIVE USE AGREEMENT (City Hall Council Chamber) This Use Agreement ("Agreement") is made and entered into this 9th day of January, 2017, by and between the City of Palm Springs ("City") and the County of Riverside, Department of Public Social Services(DPSS)Adult Services—Homeless Programs ("User"), concerning the use of the City Hall Council Chamber located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of Monday, January 9, 2017, beginning 1 :00 p.m. and ending 4:00 p.m. 2. FACILITY USE. 2.1 City Hall Council Chamber. City grants User the non-exclusive use of City Hall Council Chamber, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, for a public meeting to discuss Public Social Services/Adult Services-Homeless Programs. 2.2 Fees and Charges for Facility Use. There is No Fee charge to the User for the use of the Facility for this event, due to County Non-Profit entity. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs. The Users non-exclusive use shall not interfere or hinderthe conduct of City operations. 3.3 The Citywill provide electrical cord and projector for use during this meeting. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. Non-Exclusive Use Agreement-City Hall Council Chamber Page 2 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City, the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as follows: city. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: David H. Ready, City Manager User. County of Riverside, Department of Public Social Services (DPSS) Adult Services— Homeless Programs 4060 County Circle Drive Riverside, CA 92503 (951) 358-5637 Attention: [SIGNATURES TO FOLLOW] 2 Non-Exclusive Use Agreement-City Hall Council Chamber Page 3 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: J— /7 David H. Ready, City ger ATTEST: `L Date: Kathleen D. Hart, MMC Interim City Clerk APPROVED AS TO FORM: Date: 0/• 03 dOl7 Douglas C. Holland, City Attorney USER BY Date: v Its: ` . 3 y OF R11, 2S it Fy MICHAEL STOCK, s COUNTY OF • Asst.Count Executive Officer/ * *° R verse e y g Human Resources Director 4Y9 189 9 Risk Management Division Post Office Box 1210, Riverside, CA 92502-1210 (951) 955-3550 Fax (951) 955-5862 CERTIFICATE OF INSURANCE OR SELF-INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BELOW. COVERAGES THIS IS TO CERTIFY THAT THE SELF INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE EXCESS POLICY. Type of Coverage Company and Policy Period Limits of Liability Policy Number Bodily Injury/Property Damage Commercial 07/01/2016 $1,000,000 Combined Single General Self-Insured to Limit Per Occurrence with Liability 07/01/2017 No Aggregate Limit Including Vehicle Liability Workers' 7/1/2016 $2,000,000 Per Occurrence with No Compensation Permissibly to Aggregate Limit & Self-Insured 7/1/2017 Employers' Liability Medical 10/1/2016 $1.1 MM Per Occurrence with No Malpractice Self-Insured to Aggregate Limit (Professional 10/1/2017 Liability) The County of Riverside certifies that the above self-insured program is in effect as respect to: IHSS Provider Training on November 3,2016. Certificate Holder Cancellation City of Palm Springs,Palm Springs Pavilion In the event of cancellation of the self-insurance program or Attn:Jasmine Waits policy designated below,it is the intent of the County of 401 S.Pavilion Way Riverside to mail 30 days' prior notice thereof. Palm Springs,CA 92262 This certificate is not valid unless signed by an authorized representative of the County of Riverside, Risk Management Division. Date: November 3, 2016 Jeffrey tqhnter cc: Barbara Kuhn, Buyer Assistant @ Department of Public Social Services y (` Office of the 'n City Manager No. 16-04 Risk Monogement CITY OF This Certificate is issued to: County of Riverside Department of Public Social Service 10280 Kidd Street, First Floor Riverside, CA 92503 CERTIFICATE OF SELF-INSURANCE This is to certify that the City of Riverside is self-insured for the following coverages: TYPE OF COVERAGE SELF-INSURED LIMITS I. GENERAL LIABILITY; Commercial Form(Bodily Injury and Property Damage) Each Occurrence $1,000,000 Aggregate $1,000,000 II. AUTOMOBILE LIABILITY(each occurrence): $1,000,000 Vehicle owned, Non-owned and Hired III. WORKERS' COMPENSATION Each accident $3,000,000 Each Employee for Disease $3,000,000 Employer's Liability $3,000,000 IV. SPECIAL TERMS & CONDITIONS: The County of Riverside, Department of Public Social Services: 10281 Kidd Street, First Floor, Riverside, CA 92503 is included as additional insured under the City Riverside Police Department insurance policy 16-04 pursuant to operational agreement CS-03457. CANCELLATION: Should any of the above described programs of self-insurance be modified or canceled before the expiration date shown below, the City of Riverside will give 30 days written notice to the named certificate holder. DATE ISSUED: October 19, 2016 CERTIFICATE EXPIRES: August 30, 2019 Scott Miller, Chief Financial Officer for Risk Manager 3900 Main Street• Riverside,CA 92522 • 951.826.5896 • fax 951.826.5878 •v .riversideco.gov OF R) �tl * ys* $ C O U N T Y OF 0 MICHAEL STOCK, a G * ° R. V AssL CourrtyExacu6tre 0!(rcxtr/ u �^ Human Resowces Director �Arv, is a� Risk Management Division Put offlm aoa 1210, Rtv�tda, G 92502-1210 (951) 955-3500 Paz (951) 955-5662 CERTIFICATE OF INSURANCE OR SELF-INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BELOW. COVERAGES THIS IS TO CERTIFY THAT THE SELF INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE EXCESS POLICY. Type of Coverage Company and Policy Period Limits of Liability Policy Number Bodily Injury/Property Damage Commercial 07/01I2016 $1,000,000 Combined Single IFLI General Self-Insured to Limit Per Occurrence with Liability 07/012017 No Aggregate Limit Including Vehicle Liability Workers' 7/1/2016 $2,000,000 Per Occurrence with No 0 Compensation Permissibly to Aggregate Limit & Self-Insured 7/12017 Employers' Liability Medical 10/1/2016 $1.1MM Per Occurrence with No 0 Malpractice Self-Insured to Aggregate Limit (Professional 10/12017 Liability) The County of Riverside certifies that the above self-insured program is In effect as respect to: HISS Provider Training on November 3,2016. Certificate Holder Cancellation City of Palm Springs,Palm Springs Pavilion In the event of cancellation of the self-insurance program or Attn:Jasmine Waits policy designated below,it is the intent of the County of 401 S.Pavilion Way Riverside to mail 30 days'prior notice thereof. Palm Springs,CA 92262 This certificate is not valid unless signed by an authorized representative of the County of Riverside,Risk Management Division. Date: November 3, 2016 Jeffrey L nter cc. Barbara Kuhn, Buyer Assistant @ Department of Public Social Services NON-EXCLUSIVE USE AGREEMENT (City Hall Council Chamber) This Use Agreement ("Agreement') is made and entered into this 12th day of January,2017, by and between the City of Palm Springs("City")and the Riverside County Flood Control ("User"), concerning the use of the Council Chamber located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of two days, Thursday, January 12, 2017, and Thursday, February 23, 2017, beginning 10:30 a.m. and ending 12:30 p.m. allowing for room set-up. The Budget meeting times, which are open to the public, are 11:00 a.m. to 12:00 p.m. 2. FACILITY USE. 2.1 City Hall Council Chamber. City grants User the non-exclusive use of City Hall Council Chamber, located at 3200 E. Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. Rental fees to be waived due to government office affiliation. 2.3 The City agrees to have the sound system active and available for use. A microphone is available at the Public Comment area near the dais. The City also agrees to have a projector available for User. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws,ordinances,and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs. The Users non-exclusive use shall not interfere or hinder the conduct of City operations. 4. INSURANCE. 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance. ORIGINAL BID AND/OR Ar1R17r_11P!- Facility Use Agreement Riverside County Flood Control &Water Conservation Page 2 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein "Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. Riverside County Flood Control & Water Conservation 1995 Market Street Riverside, CA 92501 Attention: Beth Dehayes, Secretary (951) 955-1200 badehavesa rcflood.orci 2 Facility Use Agreement Riverside County Flood Control&Water Conservation Page 3 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below: CITY OF PALM SPRINGS < Date: David H. Ready, City Manag APPROVED BY CITY MAilmULk ATTEST: _ AAAAA 2 Date: a z mes Thompson, City Clerk APPROVED AS TO FORM: k&za�z Date: Douglas . Holland, City Attorney USER RIVERSIDE COUNTY FLOOD CONTROL &WATER CONSERVATION By: _ Date: eth Dehayes Its: Secretary 3 of R/` 40, • -W 21 * Fq ?ve COUNTY O''�F • MICHAEL STOCK, O * . '^ � * o \\ r S 1 Asst.County Executive Officer/ ,-1 Human Resources Director * Winner IPMA Award for Excellence M 43 Risk Management Division 9, 18 Post Offic Box 12I0, Riverside, CA 92502-1210 (951) 955-3540 Fax (951) 955-5862 CERTIFICATE OF INSURANCE OR SELF-INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BELOW. COVERAGES THIS IS TO CERTIFY THAT THE SELF INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE EXCESS POLICY. Type of Coverage Company and Policy Period Limits of Liability Policy Number Bodily Injury/Property Damage Commercial 07/01/2016 $2,000,000 Combined Single General Self-Insured to Limit Per Occurrence with Liability (7/01/2017 No Aggregate Limit Including Vehicle Liability Workers' 7/1/2016 $2,000,000 Per Occurrence with No Compensation Permissibly to Aggregate Limit & Self-Insured 7/1/2017 Employers' Liability Medical 10/1/2015 $1.1 MM Per Occurrence with No Malpractice Self-Insured to Aggregate Limit (Professional 10/1/2016 Liability) The County of Riverside certifies that the above self-insured program is in effect as respect to: Use of Palm Springs Council Chambers for annual Public Budget Hearing and Public Budget Workshop; 1/12/2017,2/23/2017 Certificate Holder Cancellation City of Palm Springs In the event of cancellation of the self-insurance program or Attn: Terri Milton policy designated below,it is the intent of the County of 3200 E.Tahquitz Canyon Way Riverside to mail 30 days' prior notice thereof. Palm Springs,CA 92262 This certificate is not valid unless signed by an authorized representative of the County of Riverside, Risk Management Division. i1 Date: September 28, 2016 Jeffrey L;�jhnter cc: Beth DeHayes, Secretary H @ Flood Control r JASON E. UHLEY 1995 MARKET STREET General Manager-Chief Engineer RIVERSIDE,CA 92501 951,955,1200 FAX 951.788,9965 0 www.rcflnod.or8 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AGENDA Commissioners of Zone 6 of the Riverside County Flood Control and Water Conservation District will hold a Budget Public Hearing at 11:00 a.m. on Thursday, January 12, 2017 at Palm Springs City Hall, Council Chambers,3200 E.Tahquitz Canyon Way,Palm Springs. The purpose of this meeting is to receive requests from interested parties for project funding for the budget of Fiscal Year 2017-2018. 1. Receive requests from interested parties for projects for Fiscal Year 2017-2018. 2. Oral communication from the audience. 3. Chief Engineer's Report of Zone Activities. The Budget Work Session is set for 11:00 a.m. on Thursday, February 23, 2017 at Palm Springs City Hall, Council Chambers, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the meeting is to discuss the budgeting of projects for Fiscal Year 2017-2018. NON-EXCLUSIVE USE AGREEMENT (City Hall Council Chamber) This Use Agreement ("Agreement") is made and entered into this 23 d day of November, 2016, by and between the City of Palm Springs ("City") and the County of Riverside, Department of Public Social Services (DPSS)Adult Services—Homeless Programs("User"), concerning the use of the City Hall Council Chamber located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of Tuesday, November 29, 2016, beginning 8:00 p.m. and ending 1:00 p.m. 2. FACILITY USE. 2.1 City Hall Council Chamber. City grants User the non-exclusive use of City Hall Council Chamber, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, fora public meeting to discuss Public Social Services/Adult Services-Homeless Programs. 2.2 Fees and Charges for Facility Use. There is No Fee charge to the User for the use of the Facility for this event, due to County Non-Profit entity. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs. The Users non-exclusive use shall not interfere or hinderthe conduct of City operations. 3.3 The Citywill provide electrical cord and projectorfor use during this meeting. 4. INSURANCE. 41 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. Non-Exclusive Use Agreement-City Hall Council Chamber Page 2 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: city. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: David H. Ready, City Manager User. County of Riverside, Department of Public Social Services (DPSS) Adult Services— Homeless Programs 4060 County Circle Drive Riverside, CA 92503 (951) 358-5637 Attention: [SIGNATURES TO FOLLOW) 2 Non-Exclusive Use Agreement- City Hall Council Chamber Page 3 [SIGNATURES TO FOLLOW] IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: David H. Ready, City Manager ATTEST: Date: James Thompson, City Clerk APPROVED AS TO FORM: Date: Douglas C. Holland, City Attomey USER By: c � Date: Its: 3 Non-Exclusive Use Agreement-City Hall Council Chamber Page 3 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: David H. Ready, City Manaefrr- 61 ATTEST: Date: I ames Thompson, City Clerk APPROVED AS TO FORM: 441WE Date: Dougl s C. Holland, City Attorney USER By: Date: Its: 3 F (00,�, RAC Law Enforcement The Official Publication of the Peace Officers Research Association of California Advertising Sales Office PORAC LAW ENFORCEMENT NEWS 911 MEDIA,4444 Riverside Drive, Suite 202 Burbank, CA 91505 Phone: 818-848-6397, Fax: 818-848-1306 FAX TRANSMITTAL COVER LETTER From: CASEY KOESTNER To: PALM SPRINGS POLICE DEPT Attn: William Hutchinson 200 South Civic Dr. Palm Springs, CA 92262 Date: August 16, 2016 Subject: Display Ad FAX: Total Pages: 3 PLEASE READ THIS CAREFULLY Thank you for your interest in placing an ad in PORAC LAW ENFORCEMENT NEWS, we cannot publish yc ur ad until we receive the following items, so please fax and/or email them as soon as possible so that we receive them by October 6, 2016 for the November 2016 edition of the magazine. 1. Advertising Contract signed by you--remember to make a photocopy for yourself. 2. A check made payable to: PORAC for$0.00. 3. Your Digital Ad Materials MAIL THESE TO: PORAC LAW ENFORCEMENT NEWS c/o 911 Media 4444 Riverside Drive, Suite 202 Burbank, CALIFORNIA 91505 USA REMINDER...THE DEADLINE IS: OCTOBER 6,2016 FOR PAYMENT AND ARTWORK, BUT PLEASE SIGN&FAX BACK AGREEMENT TODAY. Thank You. ADVERTISING CONTRACT & INVOICE R RAC Law E-9— PALM SPRINGS POLICE DEPT 1. ent Attn: William Hutchinson 200 South Civic Dr. 911 Media© Palm Springs, CA 92262, Phone: 760-323-8106, Fax: Tel: 818-848-6397, Fax: 818-848-1306 ADVERTISER AGREES THAT publication of advertising,Return actual)9 earned.Such rate to be space actual)y used according to EXCEPT AS SET FORTH BELOW, ofmaterials must be requested in taken from the Rate Card in effect the Rate Car tl in effect at the fine ANY SUMS PAID ARE writing.(6)In the event that on date this Contract is signed by this Contract is signed,and forany NONREFUNDABLE AND IF ANY collection efforts become Advertiser.(11)Cop changes are further charges incurred under this BALANCE DUE 15 NOT PAID WITHIN necessary to enforce the terms of permitted provided tnyat the Contract. In the case where no TWO WEEKS PRIOR TO THE this Contract,Advertiser agrees to Advertiser contacts 911 MEDIA with advertisement Is published in PUBLICATION MONTH;THE pay PORAC and 911 MEDIA all costs any changes in copy by the 5th PORAC LAW ENFORCEMENT NEWS ADVERTISEMENT MAY NOT BE of collection,whether by suit or business day of the month and no timely cancellation has been PUBLISHED IN PORAC LAW otherwise.including actual preceding the month that received,there will be a ENFORCEMENT NEWS. attorneys'fees. (7)There will be a advertisement is scheduled to cancellation chare of One ADVERTISER AUTHORIZES THE $25.00 service charge for returned appear,and the Advertiser pays Hundred Dollars(1100.00)to cover PLACEMENT OF THE checks.(8)Advertiser assumes full the alteration/revision charges the cost and administrative ADVERTISEMENT IN PORAC LAW and complete responsibility and 12 All ad copy mustbe supplied expoense of reserving the space. ENFORCEMENT NEWS FOR THE liability for the content and 9 dvertiser and prepared to (161 The failure ton lish an ad in BELOW-REFERENCED MONTHS. appearance of all advertising copy 911 MEDIA's technical PO RAC LAW ENFEMENT NEWS THE PARTIES AGREE TO THE subm dted and published pursuant speciflcahons. If not,any artwork, shall be deemed immaterial,and FOLLOWING TERMS AND to this Contract.Neither PORAG nor including typography, design, shall not be considered a breach of CONDITIONS:(1)Full paymenlof 911 MEDIA shall be responsible for scans etc. prepared or corrected this Contract,nor shall PORAC or Total Charges Is due upon signing the success of any advertisement. by PORAC or 911MEDIA will be 911MEDIA be liable for damages for this Contract.If the Total Charges All co pyy is subject to the approval billed to Advertiser at current rates. such failure In no event shalt are no[ppaid at least two weeks of the PORAC and 911 MEDIA. (13)Orders requesting specific PORAC or 911 MEDIA be liable for prior to fhe publication month,the PORAC reserves the right to positions in PORAC LAW any special or consequential advertisement may not appear in exclude advertising which in its ENFORCEMENT NEWS will be damages.PORAC and 911MEDIA PORAC LAW ENFORCEMENT NEWS sole discretion is unethical, considered, but such requests shall not be liable for the return of and subject to the cancellation misleading,in bad taste or does not cannot be guaranteed, unless any monies due to Advertiser's provisions below,an sums paid suit the character of PORAC. 9) otherwise agreed upon in writing failure to submit ad copy in time for will be non-refunc[Mf and will be Advertiser agrees to indemnify, by 911 MEDIA.(14)PORAC and insertion in the month contracted ap Plied to compensate PEACE defend(through counsel 911 MEDIA reserve the rigght to for.PORAC and 911MEDIA I OFFICERS RESEARCH tea so n ablYy acceptable to PORAC discontinue publication oT reserve the right to offer(or not ASSOCIATION OF CALIFORNIA and 911ME DIA)and hold the Advertisers advertlsin copy at any offer)space in a subsequent month 6 PORAC))and 911MEDIA,a PORAC and 911 MEDIA,and their time during the term of9thls should Advertiser fail to submit ad 1VISION OF Trade News respective officers, directors, Contract. in such case, PORAC and copy on time or if an ad is International.Inc.(911 MEDIA)for employees,agents, contractors, 911 MEDIA shall be responsible only unmtentionallv omitted.(17)This reserving advertisingg space for successors and assigns free and for the return of a pro rate portion Contract shall be interpreted and Advertiser In PORAG LAW harmless from an v and ail claims, of any advance payment related to enforced in accordance with the ENFORCEMENT NEWS.(2)When demands,suits,obligations, the remaining ad vertismg periods laws of the State of California. Any this Contract has been signed byY liabilities,damages,losses,costs paid by Advertiser under fhe terms suit or proceedingg with respect to the parties, it shall be immediately and expenses(including actual of this Contract and for no other this Contract she 0 be brought and WAG and space reserved in attorneys'fees)arising out of or sums whatsoever.(15)Advertiser maintained only in a court of PORAC LAW ENFORCEMENT NEWS related in an manner whatsoever shall have the rigght to cancel this competentjurisdichon in Los for Advertiser.(3)PORAC and A any advertisement published for Contract as to atl vertising to.be Angeles County,California.(18) 911MEDIA shall not be responsible Advertiser,except in the case of ublished in the future,provided Any individual signing this Contract for typographical errors, except to intentional wrong9doing hYY the Phat written notice of cancellation is on behalf of an entity represents correct the advertisement of such PORAC or 911ME DIA.(10)To earn received by 911 MEDIA on or before that such individual has the typographical e«gr.(4)Failure to frequency discount rates,all ads the first business day of the month authority to do so,and that the acknowledge, return or approve ad must be run during consecutive preceding the month that Drovisions of this Contract will bind layout or dlreclo cry listing will not months.Advertisers who fail to run advertisement is scheduled to the entity.As used in this Contact, alter the Contract pi men)terms or their advertising the number of appear.Upon such cancellation, the the term "Advertiser"shall include oblig atian s.(5)Advertising consecutive months on which their Advertisershall immediately pa9 for an advertising agency and any ma mats will a stored for no more billings have been based will be all advertisements published at the other purchaser of advertising than six months following short-rated and billed at the rate rate earned for the amount of space signing below. DESCRIPTION OF AD (See rate card for additional information) ISSUES SCHEDULED TO RUN(Size,Section,Color) X November 2016(1/2 Page,Employment,Color) $1,275.00 X December2016(1)2 Page,Employment,Color) $1,275.00 APPROVED BY CITY MANAGER x January 2017(112 Page,Employment,Color) $1,275.00 X February 2017(112 Page,Employment,Color) $1,275.00 0 X March 2017(1/2 Page,Employment,Color) $1,275.00 X April 2017(1/2 Page,Employment,Color) N 2 5 00 //✓ B A' ADDITIONAL INFORMATION(NOi E! TES bal agreements Without hle @d XPress V�RTP�@ NTRACT: $7,650.00 �€��YfPf4fa£iu F Of The City Manager Please make PORAC y Gi rk Matto PORAC LE News clo 911Media©, ncheck payable to: 44"Riverside Drive,Suite 202,Burbank,CALIFORNIA 91505, USA I have read and agree to all e IS an conditions of this contract. I Date: Aug 16,zols Log# lobo —Authorized Signature for AdvertiserDate David �4.�Ladt. .�nd�k yeY1( '�p�— �vertlser Please Pnnt most,La nit N me and tie Authorized Signature of Publication Date Sales Rep. Insertion Order PORAC.org 4444 Riverside Drive Sales Rep: CASEY KOESTNER Suite 202 Insertion Order#: 738 Burbank,CA, Order Date: Aug 16,2016 Advertiser#: 12968 For questions about your order: Phone: 818-848-6397 Fax: 818-848-1306 E-Mail: Bill To: PALM SPRINGS POLICE DEPT Placed For: PALM SPRINGS POLICE DEPT Attn: William Hutchinson 200 South Civic Dr. 200 South Civic Dr. Palm Springs, CA 92262 Palm Springs, CA 92262 Phone: 760-323-8106 We,the Advertiser, agree to purchase the fallowing advertising space Fax: according to this contract and subject to the terms specified. EMail: William.Hutchinson@palmsprings-ca.gov Mid Web Ad Web Size Web Page Gross Net Rate Date: From Nov 01, 2016 to Nov 30, 2016* Lateral& Pre-Service Officers PORAC.org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:1 Daily:0 Exclusive:0 Ad No: Pricing:1. Monthly Type:6.Combo Date: From Dec 01, 2016 to Dec 31, 2016* Lateral & Pre-Service Officers PORAC.org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:1 Daily:0 Exclusive:0 Ad No: Pricing:1. Monthly Type:6.Combo Date: From Jan 01, 2017 to Jan 31, 2017* Lateral & Pre-Service Officers PORAC.org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:1 Daily:0 Exclusive:0 Ad No: Pricing: 1. Monthly Type:6.Combo Date: From Feb 01, 2017 to Feb 28, 2017* Lateral & Pre-Service Officers PORAC.org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:1 Daily:0 Exclusive:0 Ad No: Pricing:1. Monthly Type:6.Combo Date: From Mar 01, 2017 to Mar 31, 2017* Lateral &Pre-Service Officers PORAC.org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:1 Daily:0 Exclusive:0 Ad No: Pricing:1. Monthly Type:6.Combo Date: From Apr 01, 2017 to Apr 30, 2017* Lateral& Pre-Service Officers *Subject to change by publisher. Please verify and mail or fax completed agreement before issue closing date. Continued on next page... Printed Aug 31, 2016, 09:14AM Page 1 of 2 Insertion Order PORAC.org 4444 Riverside Drive Sales Rep: CASEY KOESTNER Suite 202 Insertion Order#: 738 Burbank,CA, Order Date: Aug 16,2016 Advertiser#: 12968 For questions about your order: Phone: 818-848-6397 Fax: 818-848-1306 E-Mail: Bill To: PALM SPRINGS POLICE DEPT Placed For: PALM SPRINGS POLICE DEPT Attn: William Hutchinson 200 South Civic Dr, 200 South Civic Dr. Palm Springs, CA 92262 Palm Springs, CA 92262 Phone: 760-323-8106 We,the Advertiser, agree to purchase the following advertising space Fax: according to this contract and subject to the terms specified. EMail: William.Hutchinson@palmsprings-ca.gov mmam,1,,. Web Ad Web Size Web Page Gross Net Rate PORAC-org 14 Lines . 1.PORAC US$255.00 US$255.00 Employment Quantity:I Daily:0 Exclusive:0 Ad No: Pricing:1. Monthly Type:6.Combo Order Total: US$ 1,530.00 We agree to pay for any production costs incurred in additi n to the charges listed. We agree to gbe nO by the terms diti s led on the Advertiser Agreement. Signed; r Position: 1� Date% �e Print Name: I Accepted by RI^ fttllI Date: Publisher or Authorized Advertising Representative Payment Method: Credit Card 0 Cheque Other: Credit Card Info: Name on Card: Number: CVV: Type: Visa MasterCard D AMEX Discover Card Other: p Expiry Data(MM/YY): ! Signature:Not to Exceed $ d Notes: Authorization 6f The City Manager /%TTEST: APPROVED BY CITY MANAGER Clerk " ifty_ Subject to change by publisher. Please verify and mail or fax completed agreement before issue closing date. Final Page Printed Aug 31, 2016, 09:14AM Page 2 of 2 NON-EXCLUSIVE USE AGREEMENT (City Hall City Council Chamber) This Use Agreement("Agreement') is made and entered into this 4th day of August, 2016, by and between the City of Palm Springs ("City")and the Aspen Environmental Group on behalf of the Bureau of Land Management Supplemental EIR and — Palen Solar Photovoltaic Project("User"), concerning the use of the Council Chamber located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually-agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of one day, Thursday, August 4, 2016, beginning 2:30 p.m. and ending 6:00 p.m. for Public Workshop (on behalf of the Bureau of Land Management (BLM) Supplemental EIS Environmental Impact Statement) Re: Palen Solar Photovoltaic Project. 2. FACILITY USE. 2.1 City Hall Council Chamber. City grants User the non-exclusive use of City Hall Council Chamber, located at 3200 E. Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is a Contract Processing fee of $25.00 charged to the User for the use of the Facility for this event, payable to the City of Palm Springs in advance. The User will be responsible for any additional fee, beyond the stated hours of the event, at the rate of$100 for half day (Four hours or less), for a total of $125.00, payable to the City of Palm Springs. 2.3 The City agrees to have the sound system active and available for use. Microphone is available at the Public Comment area near the dais. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User acknowledges the non-exclusive use of this facility, during business hours that City Hall is open to the public. City Hall is to conduct the business of the City of Palm Springs.The Users non-exclusive use shall not interfere or hinder the conduct of City operations. 4. INSURANCE, 4_1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: ORIGINAL BID AND/OR AGREEMENT 4_2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VI I or better. 4_3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein "Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend,with counsel acceptable to City, the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as follows: City. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. Aspen Environmental Group 235 Montgomery Street, Suite 935 San Francisco, CA 94104 (415) 696-5312 Attention: Emily Capello, Senior Associate Ecapello(d,)aspeneo.com 2 IN WITNESS THEREOF, these parties have executed this Non-Exclusive Use Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: b 7 + E5 f Zcrb David H. Ready, City Manag r 9�ATTEST Date: b `I� 25/Zcr� mes=Th�ompson. City Clerk APPROVED AS TO FORM: Date: Dougla C. Holland, City Attorney USER ASPEN Environmental Group p q By: 5��'uA &_() Date: 20 tf. _ Emily Capello —T Its: Senior ate APPROVED BY CITY MANAGER 3 A CERTIFICATE OF LIABILITY INSURANCE D Y)6/21/2016 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(ies) must be endorsed. If SUBROGATION IS 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Peggy NAME Pe Scamaldo : Risk Strategies Company PHONE (618)857-5010 IFAX (818)2]4-0325 (A/C,No,E:t): _ _ __._____._. WC N. _. SDO N. Brand Boulevard #1600 E-MAIL scamaldo@risk-strate ies.com ADDRESS:P g / INSURER(S)AFFORDING COVERAGE NAIC p Glendale CA 91203 ^ INSURER AEvans ton Ins Cc INSURED INSURER B Phlladelphla Indemnity Insurance Aspen Environmental Group INSURER C Evanston Insurance Company 35376_ 5020 Chesebro Road #200 INSURERDTravelers Prop Cas Cc of America 25674 INSURER E Agoura Hills CA 91301 INSURER F: COVERAGES CERTIFICATE N UM BER:CL1592501194 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 CONTRACT 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. INSR ADDL BUBR - POLICY EFF POLICY EXP LTC TYPE OF INSURANCE POLICY NUMBER MMIDnYYYY MM/DDIYYYY LIMITS A TXCOMMERCIAL GENERAL LIABILITY 15PKGVE00220 9/27/2015 9/27/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED 500,000 cc PREMISES(Ea ourrence) $ _ _ MED EXP(Any one parson) $ 25,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 _ POLICY X]J%C' CLOD PRODUCTS-COMP/OP AGG $• 2,000,000 Contractors Pollution Liab esc $1 X OTHER. $2 SDO ded I' 1,000,000 AUTOMOBILE LIABILITY IPKPK1397B20 9/27/2015 9/27/2016 COMBINED SINGLE LIMIT $ 1,000,000 (E2 accident]_ B X ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS _ X MIRED AUTOS X NONAWNED PROPERTY DAMAGE $ AUTOS (Peraccid� UMBRELLA LIAB X OCCUR 15EEKwE00065 9/27/2015 9/27/2016 EACH OCCURRENCE �'.$ 4,000,000 C X EXCESS LIAB CLAIM$-MADE AGGREGATE $ 4,000,000 LED RETENTION$ $ D WORKERS COMPENSATION UB3932T02A 7/1/2015 7/l/2016 X PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER _ ANY PRO PRI ETONPARTNENEXEC UTIVE OFFICEWMEMBER EXCLUDED? NIA EL EACH ACCIDENT $ 1 ,0 00,000 (Mandatory In NH) E.L.DISEASE EAEMPLOYE2 $ 1,000,000 DE SCdascribe under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability 15PKcwE00220 9/27/2015 9/27/2016 Claims Made$1,000,000 $2,000,000 agg A Pollution Liability 15PKGwE00220 9/27/2015 9/27/2016 Occurrene $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Certificate Holder is included as Additional Insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN It's Officers agents and employees ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 3200 E. Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs, CA 92262 _ Michael Christian/MF.S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r9n14nn COMMERCIAL GENERAL LIABILITY gig POLICY NUMBER: 15PKGWED0220 M �® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WITH PRIMARY AND NON-CONTRIBUTORY WORDING OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person(s) or organization(s)to whom the insured agrees to provide Additional Insured with Primary and Non- Contributory status in a written contract signed by both parties and executed prior to the commencement of operations. A. Section 11 — Who Is An Insured Is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury"caused in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the addi- tional Insured(s) scheduled above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to 'bodily injury", "property damage", or "personal and advertising injury" occurring af- ter: 1. All work, Including materials, parts or equipment furnished In connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any per- son or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. i C. It is further agreed that coverage provided for the Additional Insured shown above shall be primary insurance and any other insurance maintained by the Additional Insured shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of your operations, and only if such claim, loss or liability is determined to be solely your negligence or responsibility. All other terms and conditions remain the same. MEGL 1643 04 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ENVIRONMENTAL POLICY NUMBER: 15PKGWED0220 ®'® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WRITTEN CONTRACT LIMITATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person(s) or organization(s)to whom the insured agrees, in a written contract, signed by both parties and executed prior to the commencement of operations to provide a waiver of transfer of rights of recovery. The following is added to Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This waiver shall not apply for occurrences resulting from the sole negligence of the person or organization shown in the schedule. All other terms and conditions remain unchanged. MEET 2211 08 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission CITY OF PALM SPRINGS AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 26th day of May, 2015, between the City of Palm Springs, California("City") and Dave Bacon ("Instructor"). Services and Compensation. Instructor shall provide services as set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. City agrees to compensate instructor for such services in accordance with the Schedule of Fees set forth in Exhibit "A". Termination. This Agreement may be terminated at any time for any reason by either party to this Agreement after providing the other party at least five (5) calendar days notice. The City may terminate this Agreement immediately if the City determines, in its sole discretion, that termination is necessary to protect the safety or welfare of the public. Relationship. Instructor acknowledges that Instructor is an independent contractor. Nothing in this Agreement shall be understood or construed to create or imply any relationship between the parties in the nature of any joint venture, employer/employee, principal/agent, or partnership. Instructor shall not become or be deemed an employee of the City by acting under this Agreement, and Instructor shall be solely responsible for the payment of any applicable taxes and social security contributions owing from the above compensation, if any. Authority. Each party certifies that it has all necessary authority to execute and deliver this Agreement and to perform the obligations described in this Agreement. Upon execution by both parties, this Agreement will be a valid and binding obligation of each party and enforceable in accordance with its terms. Governing Law. This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of California. If any term or provision of this Agreement is held illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions shall not be affected. Assignment. This Agreement may not be assigned without the written consent of the other party. This Agreement shall be binding upon and inure to the benefit of and shall be enforceable by and against the parties and their successors and assigns. Liability. Instructor shall be solely liable for any and all losses, liabilities, claims, damages, and expenses (including attorneys' fees) caused by Instructor's failure to comply with any federal, 898202.1 state, local, or municipal regulations, ordinances, statutes, rules, or laws applicable to Instructor's performance of Instructor's obligations under this Agreement and/or activities at any City property, any unlawful acts on the part of Instructor, the negligent acts, errors, and/or omissions or the willful misconduct of the Instructor, or the material breach or default of the Instructor of any provision of this Agreement. Modification of Agreement. It is understood and agreed that this Agreement may not be changed, modified, or altered, exce by written agree both parties.` Instructor: (sign) Date: 3 J / J (print) Die Bacon 151 Calle Mayor Redondo Beach, CA 90277 Address (310)210-7095 Phone Number City: — Date: blv� 1 r �ZFt w ames Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 760.323.8201 APP9 MD AS TO FORM APPROVED By CITY MANAGER C�GjO�! � ATTORNEY HP:IM43VED AS TO FORM CITY ATTORNEY DATE ATTtESP\h21YA City Clerk 898202.1 EXHIBIT "A" Scope of Services Instructor shall provide services to City as follows: Workshop for Summer Camp Staff — Leadership/Positive Discipline ("Services"). Days and hours when the Services shall be provided: Wednesday, 5:00 p.m. — 8:00 p.m. Location where Services are to be provided: Palm Springs Pavilion Start Date: June 10, 2015 End Date: June 10, 2015 Minimum Class Size: N/A Maximum Class Size: N/A Fee to be paid by class participants: No charge—City staff and summer camp staff Any and all materials and equipment required for performance of the Services shall be provided by Instructor. At least one week prior to the Start Date, Instructor shall submit a class outline to City. City may, in its sole discretion, cancel or reschedule any or all classes. In the event class enrollment does not meet the minimum class size set forth above by the Start Date, this Agreement shall automatically terminate. Schedule of Fees Instructor shall be compensated as follows: ❑ $ per hour X $ 599.00 per class ❑ % of total class receipts received by City. City shall provide payment to Instructor after receipt of invoice in accordance with the City's accounts payable schedule. 898202.1 CITY OF PALM SPRINGS AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 26"' day of May. 2015, between the City of Palm Springs. California("City")and Lisa Underhill, Life support Services("Instructor"). Services and Compensation. Instructor shall provide services as set forth in the Scope of Services. attached hereto as Exhibit "A" and incorporated herein by reference. City agrees to compensate instructor for such services in accordance with the Schedule of Fees set forth in Exhibit"A". Termination. This Agreement may be terminated at any time for any reason by either party to this Agreement after providing, the other part as y at let five (5) calendar days notice. The City may terminate this Agreement immediately if the City determines, in its sole discretion, that termination is necessary to prolvet the safety or %%clfare of the public. Relationship. Instructor acknowledges that Instructor is an independent contractor. 'Nothing in this Agreement shall be understood or construed to create or imply any relationship between the panics in the nature of any joint venture, employer`employee, principaltagent, or partnership. Instructor shall not become or he deemed an employee of the City by acting under this Agreement, and Instructor shall be solely responsible for the payment of any applicable taxes and social security contributions owing from the above compensation, if any. Authority. Each party certifies that it has all necessary authority to execute and deliver this Agreement and to perform the obligations described in this Agreement. Upon execution by both parties, this Agrectuent will be a valid and binding obligation of each party and enforceable in accordance with its terms. Governing Law. This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of California. If any term or provision of this Agreement is held illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions shall not be affected. Assignment. This Agreement may not be assigned without the written consent of the other party. This Agreement shall be binding upon and inure to the benefit of and shall be enforceable by and against the parties and their successors and assigns. Liability. Instructor shall be solely liable for any and all losses, liabilities,claims, damages, and expenses (including attorneys' fees) caused by Instructor's failure to comply with any federal. 6at202 1 state, local, or municipal regulations, ordinances, statutes, rules, or laws applicable to Instructor's performance of Instructor's obligations under this Agreement and/or activities at any City property, any unlawful acts on the part of Instructor, the negligent acts, errors, and/or omissions or the willful misconduct of the Instructor, or the material breach or default of the Instructor of any provision of this Agreement. Modification of Agreement. It is understood and agreed that this Agreement may not be changed, modified, or altered, except by written agreement of both parties. Instructor: (sign) mf Date: S _�(0 /� lS (print) tact Co'�- mck LIQ 9A K7 Address TS 5WoV -7(p 6 Phone Number City: Date:�' p David H. Ready, City-Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 A7r= 760.323.8201 APPROVED BY CRY MANAGER A7 i�Oftl�I ATTEST: ity Clerk 898202.1 EXHIBIT "A" Scope of Services Instructor shall provide services to City as follows: CPR/AED/First Aid Training for Summer Camp Staff("Services"). Days and hours when the Services shall be provided: Friday, 9:00 a.m. —5:00 p.m. Location where Services are to be provided: Palm Springs Pavilion Start Date: June 12, 2015 End Date: June 12, 2015 Minimum Class Size: 10 participants Maximum Class Size: 40 participants Fee to be paid by class participants: No charge—City staff and summer camp staff Any and all materials and equipment required for performance of the Services shall be provided by Instructor. At least one week prior to the Start Date, Instructor shall submit a class outline to City. City may, in its sole discretion, cancel or reschedule any or all classes. In the event class enrollment does not meet the minimum class size set forth above by the Start Date, this Agreement shall automatically terminate. Schedule of Fees Instructor shall be compensated as follows: X $ 41.00 per person in the class; maximum amount not to exceed $1,640.00 ❑ $ per class ❑ % of total class receipts received by City. City shall provide payment to Instructor after receipt of invoice in accordance with the City's accounts payable schedule. 898202.1 .CITE SUPPOR7SER`VICES P.O. BOX 2745 Corona, CA 92878 (800) 325-4468 May 26, 2015 Vicki Oltean Palm Springs Park and Recreation 401 S. Pavillion Way Palm Springs, CA 92262 In regards to CPR/AED/First Aid training for your staff our price will be $41.00 per person. This price includes all materials, books, cards and additional instructors. The program we teach is EMS Safety Services, Inc., which meets or exceeds the OSHA/Cal OSHA requirements and are also approved by the Emergency Medical Services Authority (EMSA). This class is to be held Friday June 121h, 2015 at your facility. Life Support Services appreciates your time and consideration regarding this matter. If you have any questions, please feel free to contact me at 951.264.2766. I look forward to working with you in the near future and references are available upon request. Sincerely, Lisa L. Underhill Program Director HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING GROUP CNN ittrrifitate of Nora= ®HPSO OCCURRENCE POLICY FORM PRODUCER BRANCH PREFIX I POLICY NUMBER Polkty Period: 016098 970 HPG 0252237076-8 From 10115114 to 10/15/15 at 12:01 AM Standard Time Named Insured Proaram Administered by: Healthcare Providers Service Organization Lisa L Underhill 159 E. County Line Road 2377 S Cota Ave Hatboro,PA 19040-1218 Corona,CA 92882-5916 1-800-982-9491 www.hpso.com Medical Specialty Code Insurance Is arovided by: Health Educator American Casua lty Company of Ruing, Pennsylvania 333 South Wabash Avenue Chicago, Illinois 60604 Professional Llabllkv $1,D00,000 each claim S3,000,000 aggregate You pwn•wn.t Usbky ansa shown.bow wxkWe Ow torowrnp: •Good Samaritan Liability • Malplacament Liability •Personal Injury Liability •Sexual Misconduct included in the PL Limit shown above subject to$25,0D0 aggregate sublimlt Coverage Extensions License Protection S 25,000 per proceeding $ 25,000 aggregate Defendant Expense Benefit S 1,000 per day limit S 25.000 aggregate Deposition Representation $ 10,000 per deposition $ 10,000 aggregate Assault S 25.000 par incident $ 25.000 aggregate mca,aas wonWwar vldrnm C"WW v Medical Payments S 25,000 per person $ 100.000 aggregate First Aid $ 10,000 per incident $ 10,000 aggregate Damage to Property of Others $ 10,000 per incident $ 10,000 aggregate Information Privacy(HIPAA)Fines&Penalties $ 25,OD0 per incident $ 25.000 aggregate Workplace Liability Workplace Liability Included in Protesswnal Liability Limit shown above Fire and Water Legal Liability Included in the PL limit above subject to$150,000 aggregate sublimit Total:597.00 Premium reflects self-employed.full-time rate. Polley Farms&Endorsements iReaw see atiached int for a S W)Wal oescfyt,wr or mmw 22LIM oo:wry fomw"endocsema)ts i G-121500-D G-121501-Cl G-121503-C G-145184-A G-147292-A GSL3886 GSL3908 OSL13424 OSL15563 GSL155CA OSL15565 GSL17101 G-123846-DO4 GSL-6721 GSL-6720 Chairman of tha Board Secretary Keep em Certificate of Insurance in a safe place. This Certificate of insurance and proof of payment are your proof of coverage. Them Is no coverage In force urileae the pfemkim 1s paid In fill, in order to activate yew coverage,please remit premium in foil by Ow effect"dats of this Certificate of Invinince. Form M:G-141241-8(312010) Master Policy: 188711433 ,eywasxn.m x,•xw am�mmv n TOLLING AGREEMENT THIS TOLLING AGREEMENT(the "Tolling Agreement")is entered into by and between Joan Bove Forrer and Michael E. Guerra (collectively, "Residents"), and the City of Palm Springs, a California charter city ("City"). Residents and City are referred to collectively as the "Parties" and individually as"Party." The purpose of this Tolling Agreement is to toll the statute of limitation for filing a legal challenge to the City's approval and commencement of operation of the Project described below. RECITALS A. On December 19, 2014,the City commenced operation of the BUZZ trolley in the greater downtown area of the City. The instituted and current route of the BUZZ trolley includes an 0.9 mile loop along West Baristo Road, South Tahquitz Drive, West Arenas Road, and South Belardo Road through a portion of the Historic Tennis Club Neighborhood ("Westerly Loop"). B. The City contends the City's actions on December 19, 2014,were to authorize the commencement of the BUZZ trolley on a pilot program basis. Subsequent to the commencement of the pilot program and prior to approving the operation of the Buzz trolley for a longer period, including the Westerly Loop, ("Project"),the City commenced the preparation of an initial study and on April 16, 2015 published a draft initial study and negative declaration ("Draft")for the Project. The circulation of the Draft ends on June 18,2015, and a decision on the continued operation of the Project is expected no sooner than July 1, 2015. C. The Residents have submitted comments and materials in response to the Draft and the Project, and have contended the City has violated the California Environmental Quality Act("CEQA") and other laws with respect to the Project and the Draft. Residents and the City have engaged in and continue to engage in settlement discussions. During this process,the Residents desire to retain their rights, claims, and causes of action against City with respect to the City's decisions to implement and continue operation of the Project(the "Claim"). D. The Parties are and will continue to be engaged in settlement discussions. To allow further time for those discussions without the distraction and expense of litigation, and to provide the parties with a reasonable opportunity to reach settlement or otherwise resolve the Claim without resorting to litigation, the Parties desire to toll and extend the running of any statute of limitations, statute of repose,equitable defense of laches, government claims requirement, and any other time- related defense or defenses with respect to the Claim. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,the Parties hereto agree as follows: 1. Tolling and Extension of Statutes of Limitation. The Parties agree to toll and extend any applicable statute of limitations, statute of repose period, equitable defense of laches, or any other time-related defense applicable to the Claim, including but not limited to Public Resources Code§21167 and the Government Code § 65009,for a period of time commencing on June 3, 2015 (the "Effective Date") and continuing until the sooner of(a)the 30th day after the date City posts its Notice of 11Page Determination ("NOD")with the Riverside County Clerk regarding the City Council's action approving the Project pursuant to the Draft (or modified Draft),or(b)the 20`h day after the date this Tolling Agreement is effectively terminated pursuant to Paragraph 2. While this Tolling Agreement remains in effect,the Residents agree they will not file any judicial action or proceeding against City with respect to the Claim. 2. Termination. Either party may terminate this Tolling Agreement at any time by giving ten (10)days advance written notice to the other party. The Tolling Agreement will be deemed effectively terminated ten (10)days after the date of such notice. 3. Notice. Any notice, request, demand, consent, approval,or other communication required or permitted hereunder or by law shall be deemed sufficiently given under this Tolling Agreement when delivered personally or delivered by U.S. mail, postage prepaid and addressed as follows: To Residents: Joan Bove Forrer Michael E.Guerra, Esq. 457 West Arenas Road Palm Springs, CA 92262 To City: City of Palm Springs Attn: City Attorney 3200 E.Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 4. No Waiver. This Tolling Agreement shall not constitute a waiver or release of any defenses of either Party based on the running of time under any applicable statute of limitations which arose, accrued, or would have barred the Claim prior to the Effective Date of this Tolling Agreement. Furthermore, by this Tolling Agreement, City does not waive its rights to assert any other defense or objection to the Claim other than that it is time barred by defenses or objections tolled herein. 5. No Admission. Neither the execution of this Tolling Agreement nor anything contained in it is intended to be, nor shall be deemed to be, an admission by either party of any fact,conclusion of law, or liability or an admission of the existence of facts upon which liability could be based. 6. Interpretation. This Tolling Agreement shall not be construed against any party preparing it, but shall be construed as if both parties jointly prepared the Tolling Agreement and any uncertainty or ambiguity shall not be interpreted against any one party. 7. Entire Agreement. This Tolling Agreement contains the entire agreement between the parties hereto with respect to the terms hereof. No other agreement, oral or written, respecting such matters which are not specifically incorporated herein, shall be deemed in any way to exist or bind any of the parties hereto. This Tolling Agreement can be amended or modified only by written agreement of the parties hereto. 2 1 P a g e 8. Governing Law. This Tolling Agreement shall be governed by and construed under the laws of the State of California. 9. Parties Covered. This Tolling Agreement shall be signed by the Parties and shall inure to the benefit of the Parties' successors and assigns. 10. Breach. The Parties understand and agree that no breach of any provision or provisions of this Tolling Agreement can be waived unless done so expressly in writing. A waiver of one breach shall not be deemed a waiver of any other breach of the same or any or other provision of this Tolling Agreement. 11. Severability. If any provision of this Tolling Agreement is determined to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the Parties. In any event,the remaining provisions shall be deemed valid and unenforceable to the maximum extent possible. 12. Authority. Each of the undersigned represents and warrants that he/she has the authority to bind the Party on behalf of whom he/she signs and that the other Party hereto is entitled to rely upon such representation for all legal purposes. 13. Counterparts. This Tolling Agreement may be executed in one or more counterparts, each of which, when so executed shall be deemed an original. Such counterparts together shall together constitute and be one of the same instrument. A signed facsimile or copy of this Tolling Agreement shall be enforceable in the same manner and to the same extent as if it were an original. IN WITNESS WHEREOF,the Residents and the City through its City Attorney, have caused this Agreement to be effective as of June 3, 2015. CITY OF PALM SPRINGS RESID A California charter city By: 44�—oa can Bove Forrer By: Douglas olland, City Attorney By: Michael E. Guerra, Esq. 3 1 P a g e HOLD HARMLESS AGREEMENT FOR THE USE OF FIRE STATION NO. 1 This Hold Harmless Agreement for the use of Fire Station No. 1 ("Agreement") is made and entered into this 2d day of June, 2015, by and between the City of Palm Springs, a municipal corporation ("City") and Best in the West Air Conditioning & Heating, Inc., a California corporation ("Best AC"). City and Best AC are referred to collectively as the "Parties" in this Agreement. RECITALS A. Best AC desires to temporality place a construction crane and related equipment on City owned property commonly referred to as City's Fire Station No. 1, located at 277 N Indian Canyon Drive, Palm Springs, CA 92262 ("Fire Station"), in order to install an air conditioning unit on the property adjacent to the Fire Station. B. The City agrees to allow Best AC to access and use the Fire Station property for the above-stated purposes, subject to the terms of this Agreement. NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated by this reference and the obligations set forth herein, the Parties agree as follows: 1. Best AC agrees to place its construction crane and related equipment at the Fire Station in a location and manner approved the City's Fire Chief or his designee. Best AC acknowledges and agrees that it will not hinder or interfere with the City's use of the Fire Station or the City's ability to respond to emergency situations during Best AC's activity at the Fire Station. Best AC shall erect, install, operate, disassemble, and remove its equipment in an expeditious manner. This activity shall commence no sooner than " a.m. and conclude no later than Uip.m. on June 3, 2015. 2. Best AC hereby releases, waives, discharges, and covenants not to sue the City, its officers, agents, employees, volunteers and representatives, for any and all claims for loss or damage, including, without limitation, any claims or demands on account of personal injury, property damage or death, which may occur as a result of Best AC's presence on or use of the Fire Station property, even though that injury or damage may arise out of negligence of the City or out of a dangerous or defective condition of property or equipment of the City. 3. Best AC hereby agrees to and shall indemnify, defend, and hold City, its officers, agents, employees, volunteers and representatives, harmless from and against any and all loss, damage, liability, claims, suits, costs, and expenses whatsoever, whether caused by the negligence of the City or otherwise, including reasonable attorneys' fees, and regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with Best AC's presence on or use of the Fire Station property. 4. Best AC hereby assumes full responsibility for and risk of bodily injury, death or property damage arising from Best AC's presence on or use of the Fire Station property. Best AC hereby expressly assumes all of the risks due to the negligence of the City or due to a dangerous or defective condition of public property, or otherwise, whether or not a particular risk is known or unknown. 5. Best AC shall at all times maintain or cause to be maintained in full force and effect commercial general liability coverage, written on an occurrence basis, providing for a combined single limit of at least $1 million for bodily injury, death and property damage. Prior to entering upon the Fire Station property, Best AC shall provide City with a policy endorsement to this effect along with a certificate of insurance on forms acceptable to City evidencing that the insurance required by this section is in full force and effect and that the premiums for such policy have been paid. 6. This Agreement is intended by the parties to be a waiver of California Civil Code Section 1542 which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 7. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be bound by the terms of this Agreement. Date: 12015 "City" CITY OF PALM SPRINGS AP PR AS TO FORM By: UTY A77ORNEY DATE`-��s 1h •t C4-cl— Date: z — Sr , 2015 "Best " JB IN T WEST AIR DI ING & HEATING, INC. 7oX �:f 3� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1PJV�kQ 1 On l��n p 7_�jx7ti C" before me,�'h fi/lav 'Ph ilb�ndc, �1 oe,�pt C (insert name and title of the officer personally appeared C who proved to me on the basis of satisfactory evidence to be the on( whose name is re cribed to the within instrumeFf nd acknowl d to me th t he h they executed name in his erft eir authorized capacity( and that b hi her/their signa urey,[�) on the instrument the ersontA, or the entity upon behf which the person,0 acted, exectfted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GINA MARIE PHILBRICK Commission#2072373 WITNESS my hand and official seal. Notary Public-California \h" Riverside County My Comm.Expires Jun 23,2018 Signature (Seal) NON-EXCLUSIVE USE AGREEMENT (City Hall Parking Lot) This Use Agreement("Agreement") is made and entered into this 11 th day of May, 2015, by and between the City of Palm Springs ("City") and the Soldiers Organization Service(SOS) ("User"), concerning the use of the City Hall Parking Lot located at 3200 East Tahquitz Canyon Way ("Facility"). The City and User do hereby mutually agree as follows: AGREEMENT 1. TERM OF USE. This Agreement shall be in full force and effect for a period of Saturday, May 16, 2015, beginning 4:00 p.m. and ending 4:30 p.m. 2. FACILITY USE. 2.1 City Hall Parking Lot. City grants User the non-exclusive use of City Hall Parking Lot, located at 3200 E. Tahquitz Canyon Way, Palm Springs. 2.2 Fees and Charges for Facility Use. There is a NO CHARGE User Fee forthe use of the Facility for this event, payable to the City of Palm Springs in advance. The User will be responsible for any additional fee, beyond the stated hours of the event, at the rate of$NIA per hour. 3. SIGNAGE AND OTHER REQUIREMENTS. 3.1 The User is responsible for obtaining, and its sole cost and expense, all permits and licenses in accordance with all State and local laws, ordinances, and standards during the time period described in Section 1 of this agreement. 3.2 The User will park classic cars in the parking lot for the use by 29 Palms Marines for the time as described above in Term of Use. 4. INSURANCE. 4.1 Minimum Insurance. User shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 4.2 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4.3 Proof of Insurance. Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement, and shall name the City, its officers, agents and employees as additional insured. 5. INDEMNIFICATION AND DEFENSE. Non-Exclusive Use Agreement Page 2 5.1 Indemnification. User agrees to indemnify the City, its officers, agents and employees against, and shall hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, including injury or death to any person, losses, costs, penalties, obligations, errors, omissions or liabilities(herein"Claims") that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.2 Defense. User agrees to defend, with counsel acceptable to City,the City, its officers, agents and employees against any Claims that may be asserted or claimed by any persons, firm or entity arising out of or related to this Agreement or User activities at the Facility, except to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its officers, agents or employees. 5.3 Costs Associated with Indemnification and Defense. User shall be responsible for all costs incurred by the City that are associated with the indemnification or defense of City by User, including any costs associated with the use of City resources, including lost time by employees, expended in furtherance of the indemnification or defense. 6. NOTICE. For purposes of this Agreement, the addresses of the parties for all notices are as follows: city. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 Attention: City Manager User. Peter B. Kostrobala Administrative Coordinator Soldiers Organization Service (SOS) Cruising and Grooving PetelDSOSride.org 760-449-4672 [SIGNATURES TO FOLLOW] Non-Exclusive Use Agreement Page 3 IN WITNESS THEREOF,these parties have executed this Agreement on the day and year shown below. CITY OF PALM SPRINGS Date: David H. Ready, City M g ATTEST: Date: l•%�-/�-� C/ S� ?ames Thompson, City Clerk APP ASTO�FTM: Z`��"" Date: Douglas/C. Holland, City Attorney USER By: Date: /Z Pet rKostrob a Its: Administrative Coordinator ZOLL.. AutoPulse® Field Performance Assessment Agreement 1. Proposal ZOLL is conducting a Field Performance Assessment of the AutoPulse Power System pursuant to the attached protocol and the Palm Springs Fire Department; 300 North El Cielo Road,Palm Springs, CA 92262,would like to participate in the Field Performance Assessment. 2. Systems The AutoPulse Power System consists of the AutoPulse Multi-Chemistry Battery Charger and the AutoPulse Li-Ion Battery.ZOLL will issue quantity four(4) AutoPulse Power Systems("Systems")at no charge to the Palm Springs Fire Department for its use in the Field Performance Assessment. 3. Purpose The purpose of this Field Performance Assessment is to evaluate the ongoing, long term performance of the AutoPulse Power System to support the AutoPulse in the pre-hospital environment in the United States. Participation by the Palm Springs Fire Department affords it the opportunity to assess the benefits provided by the AutoPulse Power System. Additionally,participation will allow the Palm Springs Fire Department and ZOLL to further develop a collaborative relationship that benefits the clinical care provided to patients. 4. Data Collection In conducting the Field Performance Assessment,the Palm Springs Fire Department and ZOLL will comply with the Protocol as same may from time to time be amended by ZOLL. Without limitation, the Palm Springs Fire Department will report data on each clinical deployment through a Case Report Form(attached as an exhibit)and via equipment downloads as described in the Protocol. The scope of this project is only to include usage data and at no time shall the Palm Springs Fire Department provide ZOLL with any patient identifying information. ZOLL has the right to use all data, suggestions,and feedback. 5. Training The Palm Springs Fire Department will assign designated personnel as a Site Coordinator. The Site Coordinator will be responsible for ensuring that the Palm Springs Fire Department complies with the protocol and that all AutoPulse clinical deployments are reported to ZOLL via the Case Report Form. ZOLL will coordinate with each Site Coordinator to establish a training session for the field personnel covering the methods for completing the CRF and submitting it to ZOLL. Training will include a review of: • Transferring data from the site specific PCR to the CRF • CRF submission • Documenting corrections to the CRF • Process for submitting corrections and/or missing data to ZOLL • Complaint reporting 6. Temt/Ownership The term of this agreement is for five(5)years from the deployment of the Systems. Provided that the Palm Springs Fire Department complies with the Protocol and submits the required reports during the term, ZOLL shall,at the end of the term,transfer ownership of the Systems to the Palm Springs Fire Department. Prior to such transfer,ZOLL is the owner of the Systems.The Palm ZOLL. Springs Fire Department or ZOLL may,at their discretion,terminate the Field Performance Assessment early for any reason and ZOLL may, upon such early termination, transfer ownership of the Systems to the Palm Springs Fire Department,but is not required to do so. ZOLL By: ✓� <� ',�A(Signasure)__,/ -fi n Date: jffp6uYiGt� d-bj c9oil� Name: J a-) /,t'�kz tz�C� Title: /G,� T G[-o> Address: 2000 Ringwood Avenue San Jose, CA 95131 Telephone: (408)541-2140 Palm Springs Fire Departmen Signat Date: J�y / Na (Print) f Title: Address:300 North El Cielo Road Palm Springs,CA 92262 Telephone:(760)323-8181 VALUATION &ADVISORY SERVICES CBRE CBRE,Inc. 400 South Hope,251h Floor Los Angeles,CA 90071 December 24, 2013 R.Casey Merrill,MAI Managing Director Doug Holland CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Phone: 760.323.8299 Fax: Email: douglas.holland@palmsprings-ca.gov RE: Assignment Agreement Block E, E/S Museum Drive, N/O Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Holland: We are pleased to submit this proposal and our Terms and Conditions for this assignment. PROPOSAL SPECIFICATIONS Purpose: To estimate the Market Value of the referenced real estate Premise: Hypothetical Land Value Upon Completion of Infrastructure Rights Appraised: Fee Simple Intended Use: Internal business purposes for the City of Palm Springs. Intended User: The intended user is CITY OF PALM SPRINGS. Reliance on any reports produced by CBRE under this Agreement is extended solely to the Client signing below and to any other Intended Users identified in this Agreement. Other parties or entities who obtain a copy of the report may not rely upon any opinions or conclusions contained in the report unless such party or entity has expressly been identified by CBRE as an Intended User. Reliance Language: None Inspection: CBRE will conduct a physical inspection of the subject property, as well as its surrounding environs on the effective date of appraisal. Valuation Approaches: All three traditional approaches to value will be considered and utilized. Report Type: Summary Appraisal Standards: USPAP Appraisal Fee: $6,000 Expenses: Fee includes all associated expenses Retainer: A retainer of Y2 the total Fee is required Payment Terms: Payment is due upon acceptance of appraisal agreement. Delivery Instructions: CBRE encourages our clients to join in our environmental sustainability efforts by accepting an electronic copy of the report. An Adobe PDF file via email will be delivered to Doug Holland Assignment Agreement Page 2 of 2 December 24, 2013 douglas.holland@polmsprings-co.gov. The client has requested Three (3) bound final copy(ies). Charges may apply for additional copies (see Terms and Conditions). Delivery Schedule: Preliminary Value: N/A Draft Report: N/A Final Report: On or before January 15, 2014 Start Date: The appraisal process will start upon receipt of your signed agreement and the property specific data. Acceptance Date: These specifications are subject to modification if this proposal is not accepted within five business days from the date of this letter. The Summary Appraisal Report will include a Subdivision Development Approach (i.e. land residual) and a Direct Sales Comparison Approach. TERMS AND CONDITIONS The attached Terms and Conditions and Specific Property Data Request are deemed a part of this agreement as though set forth in full herein. Each person executing this agreement represents and warrants that it has the requisite power and authority to enter into and bind the respective parties hereto. We appreciate this opportunity to be of service to you on this assignment. If you have additional questions, please contact us. Sincerely, CBRE - VALUATION &ADVISORY SERVICES Christopher M. Karlen R. Casey M mill, MAI Senior Appraiser Managing irector California State Certification No. AG041 795 California State Certification No. AG041795 Phone — (213) 613-3067 Phone— (213) 613-3037 Email —chris.karlen(o)cbre.com Email — casey.merrillna cbre.com CBRE AGREED AND ACCEPTED FOR CITY OF PALM SPRINGS: Signature Date" .�A✓io �.�.pJ/ CiTy /�/.0n/.OGE'2 Name Title l Phone Number Fax Number E-Mail Address Not to Exceed $ d Without The Express Written Authorization Of The City Manager Doug Holland Assignment Agreement Page 2 of 3 December 24, 2013 TERMS AND CONDITIONS 1. These Terms and Conditions, between CBRE, Inc.-Appraisal Services(Appraiser)and the Client for whom the referenced appraisal service will be performed, shall be deemed a part of such Agreement as though set forth in full therein. The Agreement shall be governed by the laws of the state of the CBRE, Inc. office shown on the Agreement. 2. Client is defined as the party signing the Agreement and shall be responsible for payment of the fees stipulated in the Agreement. Payment of the appraisal fee is not contingent upon any predetermined value or on an action or event resulting from the analyses,opinions, conclusions, or use of the appraisal report. 3. Final payment is due and payable upon delivery of the final report or within thirty (30) days of your receipt of our draft report,whichever is sooner. If a draft report is requested,the fee is considered earned upon delivery of our draft report. 4. If we are requested to give court testimony, an additional fee will be charged on an hourly basis at our then-prevailing hourly rate. The hourly billings pertain to court preparation, waiting and travel time, document review and preparation ail (excludes appraisal report)and all meetings related to court testimony. 5. In the event Client requests additional services beyond the purpose stated in the Agreement, Client agrees to pay an additional charge for such services, plus reimbursement of expenses, whether or not the completed report has been delivered to Client at the time of the request. 6. It is understood that the Client has the right to cancel this assignment at any time prior to delivery of the completed report. In such event,the Client is obligated only for the pro rated share of the fee based upon the work completed and expenses incurred,with a minimum charge of $0. 7. Appraiser shall have the right to terminate this Agreement at any time for cause effective immediately by written notice to Client upon the occurrence of the fraud or willful misconduct of Client,its employees or agents. B. Additional copies of the appraisal reports are available at a cost of $250 per original color copy and $100 per photocopy(block and white), plus shipping cost of$30 per report. 9. In the event Client fails to make payments when due and payable, then from the date due and payable until paid the amount due and payable,shall bear interest at the maximum rate permitted in the state in which the office of Appraiser executing the Agreement is located. If Appraiser is required to institute legal action against Client relating to the Agreement,Appraiser shall be entitled to recover reasonable attorney's fees and costs from Client. 10. Appraiser assumes that there are no major or significant items that would require the expertise of a professional building contractor or engineer. If such items need to be considered in Appraiser's studies, such services are to be provided by others at a cost which is not a part of the fee proposal. 11. In the event of any dispute between Client and Appraiser relating to this Agreement, or Appraiser's or Client's performance hereunder,Appraiser and Client agree that such dispute shall be resolved by means of binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Depositions may be taken and other discovery obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings in the state where the office of Appraiser executing this Agreement is located. The arbitrator(s) shall be limited to awarding compensatory damages and shall have no authority to award punitive, exemplary or similar type damages. The prevailing party in the arbitration proceeding shall be entitled to recover from the losing party its expenses,including the costs of arbitration proceeding,and reasonable attorney's fees. 12. Client acknowledges that Appraiser is being retained hereunder as an independent contractor to perform the services described herein and nothing in this Agreement shall be deemed to create any other relationship between Client and Appraiser. This assignment shall be deemed concluded and the services hereunder completed upon delivery to Client of the appraisal report discussed herein. 13. All statements of fact in the report which are used as the basis of the Appraisers analyses, opinions, and conclusions will be true and correct to the best of the Appraiser's knowledge and belief. Appraiser does not make any representation or warranty,express or implied,as to the accuracy or completeness of the information or the state of affairs of the Property furnished to Appraiser by Client. 14. Appraiser shall have no responsibility for legal matters, questions of survey or title, soil or subsoil conditions,. engineering,or other similar technical matters. The report will not constitute a survey of the property analyzed. 15. Client shall provide Appraiser with such materials with respect to the Assignment as are requested by Appraiser and in the possession or under the control of Client. Client shall provide Appraiser with sufficient access to the real property to be analyzed and hereby grants permission for entry,unless discussed in advance to the contrary. CBRE Doug Holland Assignment Agreement Page 3 of 3 December 24, 2013 16. The data gathered in the course of the Assignment(except data furnished by Client)and the report prepared pursuant to the Agreement are, and will remain, the property of Appraiser. With respect to data provided by Client,Appraiser shall not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to Appraiser. Notwithstanding the foregoing, Appraiser is authorized by Client to disclose all or any portion of the report and the related data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable Appraiser to comply with the Bylaws and Regulations of such Institute as now or hereafter in effect. 17. Unless specifically noted in the appraisal, we will not be taking into consideration the possibility of the existence of asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or removal thereof. Further, Appraiser understands that there is no major or significant deferred maintenance in the property which would require the expertise of a professional cost estimator or contractor. If such repairs are needed, the estimates are to be prepared by others, and are not a part of this fee proposal. 18. Client shall indemnify and hold Appraiser fully harmless against any loss, damages, claims, or expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligence or intentional acts or omissions of Client (including any failure to perform any duty imposed by law),and for which recovery is sought against Appraiser by that third party; however, such obligation to defend and indemnify shall not apply if the claim or cause of action is based upon or arises in any way out of an act,failure to act or representation of Appraiser. Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Clients agents to provide a complete copy of the appraisal report to any third party. 19. LIMITATION OF LIABILITY EXCEPT FOR THE HOLD HARMLESS PROVISION ABOVE, ANYTHING IN THE AGREEMENT TO THE CONTRARY NOTWITHSTANDING, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. EXCEPT FOR THE HOLD HARMLESS PROVISION ABOVE, IN NO EVENT WHATSOEVER SHALL EITHER PARTY'S TOTAL LIABILITY TO THE OTHER FOR DIRECT DAMAGES UNDER THE AGREEMENT OR ANY OTHER DAMAGES WHATSOEVER EXCEED IN THE AGGREGATE THE SUM OF TEN THOUSAND DOLLARS ($10,000.00). 20. Please note that Appraiser's consent to allow the appraisal report or portions of the report, to become part of or be referenced in, any offering or other material intended for the review of others, or to be submitted to others, will be at Appraisers reasonable discretion and, if given, will be on condition that Appraiser will be provided with an Indemnification Agreement and/or Non-Reliance letter, in a form and content satisfactory to Appraiser, by a party satisfactory to Appraiser. Appraiser does consent to Client submission of the complete final report to rating agencies, loan participants or your auditors without the need to provide us with an Indemnification Agreement and/or Non- Reliance letter. CBRE City of Palm Springs •' fps c'Q41FOOL PURCHASE AGREEMENT THIS AGREEMENT, entered into this 9th day of December, 2012, by and between Officer Erik Larson , hereinafter referred to as Transferee, and the City of Palm Springs and the Palm Springs Police Department, hereinafter referred to as Transferor. WITNESSETH: That for and in consideration of the payment of One Dollar ($1.00) and the performance of the covenants contained on the part of the Transferee, said Transferor does hereby sell to the Transferee one (1) male German Shepherd Police Dog known as "Jake". It is further mutually agreed between the parties as follows: 1. Said dog shall be exclusively owned by, cared for and maintained by the Transferee. 2. Said dog is being retired after productive service with the City and will no longer be suitable for police work. Said dog is being transferred to Transferee for Transferee's personal enjoyment and Transferee will not use said dog in the range and scope of employment with the City. 3. Transferee agrees to indemnify, defend and save Transferor and its agents and Transferees harmless from any and all liability, claims, damages or injuries to any person, caused by "Jake" after December 9. 2012, and all claims which arise from or are connected with the performance or failure to perform the obligations of this agreement, or are caused or claim to be caused by the acts or omissions of the Transferee and all expenses of investigating and defending against same. 4. Nothing herein prevents Transferee from selling, giving or otherwise transferring ownership of said dog provided that Transferee will not sell dog for a profit without first offering dog to City. All profit from the sale of the dog will be contributed to K-9 Trust and Agency Account with the City of Palm Springs. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first written above. BY ©.ems'/ DATE Erik Larson, Tr sferee CITY OF PALM SPRINGS / PALM SPRINGS POLICE DEPARTMENT BY '�?�� DATE David H. Ready, City ter, Transferor CITY OF PALM SPRINGS No. 13 7 8 0 8 MISCELLANEOUS RECEIPT DATE 4- RECEIVED OF THE SUM OF ' "-7t*4VD 4�N/o A d / Oo DOLLARS $ r IN PAYMENT OF /� n�/ e ,�'�n '� D� D�• ACCOUNT TO BE CREDITED -54(/(o RECEIVED BY 49/'4/� TITLE_ '" �l• DEPARTMENT ORIGINAL we cve le , w�a s�m February 22,2012 Ms.Christina Petteruto City of Palm Springs,CA City of Palm Springs,CA 3200 E Tahquitz Canyon Way Palm Springs,CA 92262-6959 Dear Ms.Petterum: On behalf of all of ASCAP's members,I'd like to thank you for playing our music in your place of business.Whether we have several Grammys or are struggling with our first CD,we all have the same goals,to have our music heard and appreciated by the public. Just as you work hard at yourjob,we work hard at the craft of songwriting and for many of ASCAP's members,our main source of income is from royalties that ASCAP collects from radio and TV stations,background music services,and businesses such as yours which employ music to attract and retain customers. So thank you for taking out an ASCAP license.We know you understand the value of music at your establishment. This will acknowledge,with thanks,receipt of your license agreement. An executed copy of the agreement is enclosed for your records. In response to our customer's needs,we have developed a new interactive web-based system. This easy-to-use system offers you access to your account information,and it allows you to make payments directly to your account by Electronic Check or Credit Card. To manage your account via our secure system,please go www.ascap.com/mylicense to create a Personal ID. When the page has loaded you will see the option"Your User ID is a personal ID that you have created.If you have not already created a personal ID, Click here." Click where appropriate. Next you will be prompted to enter your account number: 500726386 and the zip code associated with your account: 92262-6959.After clicking on submit,you will be guided through the process of creating your Personal ID. Should you have any questions about your license or about our easy-to-use web system,please contact us by email at glcs@ascap.com or by phone at 1-800-505-5042. 1 am proud of my association with ASCAP. As the only member-owned performing rights organization in the U.S.,ASCAP takes great pride in the job they do looking out for their members.They are the only Performing Rights Organization whose financial records and payment procedures are open to the public and over 86 cents of every dollar collected goes back to its members. ASCAP also supports emerging songwriters with many workshops and awards programs. Again,thanks for playing our music! Sincerely, Paul Williams 500726386 ASCAP,PO Box 331608-7515,Nashville,TN 37203-9998 (Voice) 1-800-505-4052 (Fax)770-805-3475 FE8-15-2012 15:44 WOODRUFF SPRADLIN SMART 7148357787 P.002 LICENSE AGREEMEN'r- LOCAL GOVERNMENTAL iIV']C TMS rt°a4 gree ent benvem America,Society of Composers,Authors and Publishers("SOCIETY").located at 2 Music Square West,Nashville,TN 37203 and City of Palm Springs,CA ("LICENSEE"),located at 3200 E Tahquitz Canyon Way Palm Springs CA 92262 6959 as follows: 1. arrant and Teem of License (a) ASCAP giants and LICENSEE accepts a license to perform publicly on the-Premises-and at"Events"and"Functions,"and not elsewhere or otherwise,non-dramatic renditions of the Separate:musical compovtions in the"ASCAP repertory." The performances licensed under this Agreement may be by means of'Livc Entertainment"or i%icidianicaI Music'. For purposes of this Al;n'cuicat, (i) '"LICENSEE"shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (it) `Mechanical Music"means music which is performed at the Premises by means other than by live musicians who arc pertbrm3ng at the Premises,including,but not limited to(A)compact disc,audio record or audio tape players (but not includi ng"jukeboxm"),(B)videotape,videodisc or DVD players;(C)the reception and wmmuuication at the preerrisestif radio or television transmissions which originate outside the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold telephone system operated by LICENSEE at the Premises. (m) 'Live Entertainment"means music that is peribrmed at.the Premises by musicians,singers or other performers. (iv) "Promises"means buildings,hospitals,it ports,caws,museums.athletic facilities,and recreational facilities, including,but not limited to,community oentcrs,parks,swimming pools,and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory"mean,.all copyrighted musical compositions written or published by ASCAP members or members of affrt iated fcucign performing rights socictics,including compositions written or published during the torn of this Agreement and of which ASCAP has the right to license non-dramatic public pertormanoes. (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE. Exoept as set forth in paragraph 2.(d)below,"Events"and"Functions"shall include,but arc not limited to,aerobics and wiareise classics,athletic events,dances and ad=social events,concerts,festivals,arts and crafts fairs,and parades held under the auspices of w sponsored or promotrd by LICENSEE on the Premiss. (vii) "Special Evems'means musical cverus,concerts,shows,pageants,sporting events,Festivals,competitions,and other events of limited duration presented by LICENSEE for which the"Grass Revenue"of such Special Event. execcds S25,000(as defined in paragraph 4.(d)below). (b) This Agreement shall be for an initial term of one year,commencing November I,2011,which shall be comidered the eifecave date of this Agreement,and continuing thereafter for additional terms ofonc year cicb. Either party may give notice of termination to the other no later than thirty(30)days prior to the and of the initial or any renewal term. lfsueh notice is given,the agrccmcm shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or manstcrablc by operation of law or otxtwisc. This license does riot authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions I iccniW under th is agnxmcm,nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize(t')the broadcasting,telecasting or transmission or muransmission by wire,Internet,wcbsitc or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;and(ii)performances by means of background music(such as Afrcak}or other services delivered to the Premises. Nothing in this paragraph shall be doomed to limit LICENSEE"s right to transmit renditions of musical compositions in the ASCAP repertory to those who attend.Events or Functions on the Premises by means of teleconferencing,videocon£crcneing or similar technology. (c) This license is limited to non-dramatic performances,and loos not authorim any dramatic performances.For purposes of this agreemm a dramatic perfarmance shall Include,butnet be limited to,the following: (i) performance of a"drarratico-musical wark'(ac hereinafter damned)in its entirety; (i} performance of ono or mare musical compositions from a"dramatico-musical work(as hereinafter defined) accompanied by dialogue,pantomime,dance,singe action,or visual representation of the work from which the music is taken; Doc ID: 20120222113718497 Sertif Elecronic Signature F'E8-15-20i2 15:45 WOODRUFF SPRADLIN SMART 7148357787 P.003 (iii) performance of one or more musical compositions as part of a story or plot,whether accompanied or uoacccmtp mied by dialogue,pantomime,dance,stage action,or visual representation; (iv) performance of a concert version of "dramatico-musical v orV(as hereinafter defmcd). The terns'iiramatieo-musical work"as used in this Agrcomicnt,shall include,but not be limited to,a musical comedy,opera,play with music,rcvu;.,or ballet. (d) This Iioense does not authorize performances: (i) at any convention,exposition,trade show,conference,congress,industrial showy or similar activity presented.by LICEENSEP or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE,is pros rAcd entirely on LICENSEE'S Premiss,and is mot open to the general public; (ii) by or at alleges and universities; (iii) at my professional sports event or game played on the Promises.; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by amy'symphony or community-orchestra; (vi) by means of a coin operated phonorcoard player jukebox)for which a license it otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein,L1Cr:NSEE,agrees to pay ASCAP a I icense fee which includes the total of the "Base License Fee,and any applicable"Special Evans License Fees",all of which shall be calculated in accordance with the Rate Schedule anschod.to and made pastofthis Agreement. Far purposes of thls AgrcanaA, (E) "Bast License Fee"mains the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICIRNSEE's population as established in the most reemit published U.S.Censures data. It does not include any fees due for Special Events. (h) "Special Events License Fcca"mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events arc presented by w on behalf of LICENSF£. It does not include any Base Liomsc Fecs due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal anther county attorneys shall be required to pay only the fee under Scbuxlulc C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such Itagucs or associations do not cove perVi r m4r**of the municipality,oourny or other local government emity represented by the lmgue or association_ Schedule C fees arc net applicable to municipal,county or other local government entities. Unless otherwise limited by lave,LICENSEE shall pay a 6nancc charge of 1.5%per month from the due date,or the maximum amount permitted by law,whichever is Iess,on any required payment that it is not made within thirty days of its due date. 4. Reports and Paymeats (a) Upon the execution of this Agrecuacm,LICENSEE shag submit: Ci) a report stating LI CENSEE's population based an the most recent published U.S.Census data. The population set forth in the report shall be used to calculate the Base Liocaac Fee under this Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special Events that were presented between the effo Ave date of this Agreement and the execution of this Agreement (b) The Base License Fee for the first year of this Agreement and any Poeruse fees due for Special Events thatw•ore presented bcnaicim the eft'eusivc date of this Agreement and the execution of this Agreement shall be payable upon the execution of this: Agreement. (c) Base L'scensc Fees for subsequent years shalt be due and payable within 30 days of the renewal date of this Agrextacm and shall be accompanied by a statement confirming whether any Special Evumtr was prescoted during the previous calendar year. (d) Ninety days after the conclusion of each Special Evert,LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable farm stating: (i) the date presented; CID the name of the allmction(s)appearing; (iii) the"Crross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If then:are no me nies from the sale of tickets,"(ross Rcvmue'shall mean erontributiorts from sponsors or other payments received by LICENSEE for each Special Event: Cw) the license fee due for each Special Sent (c) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed und=an ASCAP License Agreement,LICENSEE shall indicate the name,address,.phone numbs and ASCAP accoumi number of the other persan(s)or eausty(im)and the party responsible for payment for such Special"Event If the other party is not licensed by ASCAP,LICENSEE shalt pay the license fee due hcrcand:r,notwithstanding any agreement to the contrary between LICENSEE and the other party. Doc ID: 20120222113718497 Sertia Electronic Signature FEP-15-2012 15:45 WOODRUFF SPRADLIH SMART 7148357787 P.004 (I) LICENSEE'agrees to furnish to ASCAP,where available,copies of all program of musical works pefformed,which arc prepared for distri bunion to the audience,or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the exam passible LICENSEE shall be under no obligation to furnish programs when they have not ban otherwise prepared (g) ASCAP shall have the right to examine LICENSEES books and records at LICENSEFs place of business during normal business hours to such etttcnt as may be necessary to verify the reports required by paragraph 4.(d)above. ASCAP s"I have the right to adjust LICENSEE'S Base License Pee based upon the roost recerdiy availablc relied population figures and Population Estimates Program provided by the U.S.Ccnsus DcpanmonL s, Hreach or Defaah Upon any breach or default by LIME of any term or condition herein contained,ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default,and in the event that such breech or default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day period without further notice Pram ASCAP. In the evert of such termination,ASCAP shall refund on a pro-sate basis to LICENSEE any unearned license fees paid in advance. 6. Interferenee in Ulcerations ASCAP shall have the right to terminate this license upon thirty days written notice if there is soy major interference with,or substantial increase in the cost of,ASCAP"s operations as the result of any law in the state,territory,dependency,posscssion or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the evert of such termitixtion,ASCAP shall refund o LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Noe-Discrimination LICENSEE recognuce_that ASCAP must license all similarly Shouted users on a non-discriminaory basis. LIC�ISEE ngrcce that any modifications to this Agreement by ASCAP,which are required by local,state or federal law for other municipalities,counties and other governmental entities shall not constitute discrimination betwoert similarly situated users. Examples of so&modifications are,statcencuis of equal employment opportunity or nondiscrimination an the basis ofmce,creed,color,sex or national origin. & Notices ASCAP w LICENSEE may give any notice required by this Agrccment by sanding it by ccrrified united States frail,by generally recognized same-0ay or overnight delivC-y service or by electronic transmission(i.e.,Mailgram,facsimile or similar transmission)to the appropriate pctson%oflicic as listed herein. Each party agrees to notify the other of any change in contact information,such as change of address,change of person/office rasponsibic,cte.within 30 days of such change. AMERICAN SOCC=OF COMPOSERS, LICENSE ity of palm Spni . A AUTHORS AND PUBLISHERS n r Ely E-Signed : 2/2V2012. IL48:22 AM.C57 Aleigha Wood 'TITLE amoodgascap.com IN 2o4.14.234,a - (Fill in capacity in which sign ) I#corporal' n state ntictn.2fl12fl22ad 1371S493 Corporue;office tIC4 (b) SPpartnexshlp,write "partner"under signature of signing partner; (c)If individual owner,write"individual owner"under signamre.) Doc ID: 20120222113718497 Sertifi Electronic Signature RELEASE In the consideration of the sum of Eighty-One Thousand And OO/100 Dollars, $81,000.00, the receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Southern California Edison Company, a corporation, (hereinafter called the "Company"), the officers, agents, employees, assigns, successors in interest, contractors and insurers of the aforesaid "Company"from any and all claims, demands, actions, causes of action, attorney's fees, and any and all liability of any nature whatsoever, which the undersigned now has or in the future may have, for, on account of, resulting directly or indirectly from, or growing out of, any damage or injury including consequential damage or injury in any manner arising out of an accident on or about July 12, 2009, at or near the City of Palm Springs Sunrise Co-Generation Plant This payment is made and received as a compromise of a disputed claim. It is not, or is it to be construed as, any admission of liability whatsoever on the part of any of the aforementioned persons or parties hereby released. It is further understood and agreed that the consideration recited herein is the sole and only consideration for this agreement, and that no representations, promises or inducements have been made by said "Company" or its officers, agents, or employees other than as appear herein. The undersigned expressly waives the provisions of Section 1542 of the Civil Code of the State of California, reading as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her would have materially affected his or her settlement with the debtor." In executing this Agreement, the undersigned acknowledges that he has consulted with and had the advice and counsel of an attorney of his choice, or has had an opportunity to do so, and further acknowledges that he has executed this Agreement after independent investigation, of his own free choice and will, and without fraud, duress or undue influence. Undersigned agrees, as a further consideration and inducement for this compromise settlement, that this Release shall apply to all unknown and unsuspected injuries and damages resulting from said accident, casualty or event, as well as to those now disclosed, and the undersigned hereby expressly assumes the risk of any error as to this release or as to consequences or future injuries now unknown which result or are clai d to result from the event hereinabove described. Dated aO- �� California, this J day of 2Q� 7 fSignature: ' / AST Printed Name VMy < i .�//�i✓�GF�` Oslf •off/ Bu ess Name/Title ApAAA City of Palm Springs PURCHASE AGREEMENT THIS AGREEMENT, entered into this 17`h day of October, 2011 by and between Officer Harvey A. Reed, hereinafter referred to as Transferee, and the City of Palm Springs and the Palm Springs Police Department, hereinafter referred to as Transferor. WITNESSETH: That for and in consideration of the payment of One Dollar ($1.00) and the performance of the covenants contained on the part of the Transferee, said Transferor does hereby sell to the Transferee one (1) male Labrador Retriever Police Dog known as "JAG". It is further mutually agreed between the parties as follows: 1. Said dog shall be exclusively owned by, cared for and maintained by the Transferee. 2. Said dog is being retired after productive service with the City and will no longer be suitable for police work. Said dog is being transferred to Transferee for Transferee's personal enjoyment and Transferee will not use said dog in the range and scope of employment with the City. 3. Transferee agrees to indemnify, defend and save Transferor and its agents and Transferees harmless from any and all liability, claims, damages or injuries to any person, caused by "Jag" after October 17, 2011 , and all claims which arise from or are connected with the performance or failure to perform the obligations of this agreement, or are caused or claim to be caused by the acts or omissions of the Transferee and all expenses of investigating and defending against same. 4. Nothing herein prevents Transferee from selling, giving or otherwise transferring ownership of said dog provided that Transferee will not sell dog for a profit without first offering dog to City. All profit from the sale of the dog will be contributed to K-9 Trust and Agency Account with the City of Palm Springs. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year f st written above. BY DATE Harvey A. Reed, Transferee CITY OF PALM SPRINGS / PALM SPRINGS POLICE DEPARTMENT DATE David H. Ready, Cit4gmWer, Transferor July l 1,2011 Christina Petteruto City Of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 JUG 2 Dear Ms. Petteruto: Enclosed is your copy of your processed BMI License Agreement. Please retain this for your records. Thank you for playing BMI music. Sincerely, 4yv,-" 4k� Kim Monaghan Senior Director Enclosures: Processed MPA 21 10 Music Square East,Nashville,Tennessee 372034399 (800)925-8451 Fax:(615)401-2624 EXMPA.doc BMI and Ihell IIIII1IIIIIIIIIIIIIIIylI III IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII HEaticast Music.Inc. • NOTICE REGARDING CALIFORNIA ACT RELATING TO BMI COPYRIGHTED PERFORMANCES OF MUSICAL WORKS Under an Act of the State of California Relating to Copyrighted Performances of Musical Works, Broadcast Music, Inc. (BMI) is recognized as a performing rights organization that licenses the public performance of non-dramatic musical works on behalf of copyright owners pursuant to the United States Copyright Law. As the proprietor of a business in the State of California where music is publicly performed, you are required to obtain authorization from the copyright owners of that music in order for your performances to be legal. BMI represents more than 475,000 songwriters, composers and music publishers ("affiliates") and more than 6.5 million musical works. For a single annual fee, a BMI Music Performance Agreement will authorize you to legally perform at your place of business all of the musical works in the BMI repertoire created and owned by our affiliates, and you will avoid the necessity of having to contact each one individually to obtain permission. In connection with our offering you a Music Performance Agreement, please be advised of the following: THE MUSIC PERFORMANCE AGREEMENT • The BMI Music Performance Agreement is the contract that describes the rates and terms of royalties required to be paid by you to BMI for authorization to perform the music which we license. • The schedule of rates can be found within the Music Performance Agreement under the heading License Fee Schedule. • The Music Performance Agreement, including the schedule of rates and terms of royalties, which BMI has offered you is the same agreement BMI offers throughout the United States for your class and category of music use. Please read the Agreement carefully and call us at the toll-free number which appears on the enclosed letter if you have any questions. ACCESS TO AFFILIATE AND REPERTOIRE LIST Using a PC and a modem, you can electronically access the most current list of the affiliates we represent and the works in our repertoire which are licensed under your Music Performance Agreement. You should log onto the Internet and access the Repertoire section of the bmi.com domain on the World Wide Web. Our URL address is http://www.bmi.com. Access to the Internet can be obtained through many commercial on-line services, as well as from specialized Internet access providers, often for the cost of a local telephone call. If you have questions about any song title or affiliate listing that you locate on our Internet domain, please call 1-800-800-9313 for assistance. BROADCAST MUSIC, INC. Attn: Marketing/Fulfillment California 10 Music Square East LL-07/09-22 Nashville, Tennessee 37203 BMI and the music stand symbol are registered trademarks of Broadcast Music,Inc. BMI® Music License for Local Governmental Entities 1. DEFINITIONS (a) LICENSEE shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (1)compact disc, audio record or audio tape players (but not including "jukeboxes"); (2) videotape, videodisc or DVD players; (3)music performed as an accompaniment to karaoke; (4)the reception and communication at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the Copyright Law;or(5)a music-on-hold telephone system operated by LICENSEE at the Premises. (d) Live Entertainment means music that is performed at the Premises by musicians,singers and/or other performers. (a) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI has the right to license non-dramatic public performances. (f) Events and Functions means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE. Except as set forth in Paragraph 2 (d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events,dances and other social events, concerts,festivals,arts and crafts fairs,and parades held under the auspices of,or sponsored or promoted by, LICENSEE on the Premises. (g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the"Gross Revenue"(as defined in Schedule B)of such Special Event exceeds $25,000. 2. BMI GRANT (a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public performance on the "Premises" and at "Events" and "Functions", and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "BMI Repertoire". The performances licensed under this Agreement may be by means of "Live Entertainment"or"Recorded Music". (b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music (such as Muzak)or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by means of teleconferencing,videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical work" (as hereinafter defined)in its entirety;(2)performance of one or more musical compositions from a"dramatico-musical work" (as hereinafter defined)accompanied by dialogue, pantomime,dance,stage action, or visual representation of the work from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime,dance,stage action, or visual representation; and(4)performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the Agreement, shall include, but not be limited to,a musical comedy,opera, play with music,revue,or ballet. (d) This license does not authorize performances: (1)at any convention,exposition,trade show,conference,congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin operated jukebox. 3. REVIEW OF STATEMENTS AND/OR ACCOUNTINGS (a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee. (b) BMI shall have the right, by its authorized representatives, at any time during customary business hours,to examine the books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider all data and information coming to its attention as a result of any such examination of books and records as completely confidential. (c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population figures provided by the U.S.Census Department. Page 1 of 4 4. LATE PAYMENT AND SERVICE CHARGES appointed, they shall appoint a third arbitrator. If ten (10) days BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the two percent (1'/2%) per month, or the maximum rate permitted by arbitrators are unable to agree upon a third arbitrator,then either law, whichever is less, from the date payment is due on any party may, in writing, request the American Arbitration payment that is received by BMI more than thirty(30)days after Association to appoint the third arbitrator. The award made in the due date. BMI may impose a$25.00 service charge for each the arbitration shall be binding and conclusive on the parties and unpaid check, draft or other means of payment LICENSEE judgment may be, but not need be, entered in any court having submits to BMI. jurisdiction. Such award shall include the fixing of the costs, expenses,and attorneys'fees of arbitration,which shall be borne 5. BMI COMMITMENT TO CUSTOMER/INDEMNITY by the unsuccessful party. So long as LICENSEE is not in default or breach of this Agreement, BMI agrees to indemnify,save harmless,and defend 10. NOTICES LICENSEE and its officers, and employees, from and against Any notice under this Agreement will be in writing and deemed any and all claims, demands, or suits that may be made or given upon mailing when sent by ordinary first-class U.S. mail to brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other musical works which is licensed under this Agreement at the time address which either party may designate. Any such notice sent of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, Licensing notice of any such claim, demand, or suit, to deliver to BMI any Department at 10 Music Square East, Nashville, TN 37203. Any papers pertaining thereto, and to cooperate with BMI with such notice sent to LICENSEE shall be to the attention of the respect thereto, and BMI shall have full charge of the defense of person signing the Agreement on LICENSEE's behalf or such any such claim,demand,or suit. person as LICENSEE may advise BMI in writing. 6. BREACH OR DEFAULT/WAIVER 11. MISCELLANEOUS Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent contained herein, BMI shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity Agreement if such breach or default continues for thirty(30)days or enforceability of any other provisions. This Agreement after LICENSEE's receipt of written notice thereof. The right to constitutes the entire understanding between the parties and cancel granted to BMI shall be in addition to any and all other cannot be waived or added to or modified orally and no waiver, remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and performance of this Agreement by LICENSEE in any one or signed by both parties. more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of 12. FEES the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE Paragraph. agrees to pay BMI a license fee which includes the total of the "Base License Fee" and any applicable "Special Events 7. CANCELLATION OF ENTIRE CATEGORY License Fees",all of which shall be calculated in accordance BMI shall have the right to cancel the Agreement along with the with the Rate Schedule on Page 3. For purposes of this simultaneous cancellation of the Agreements of all other Agreement, licensees of the same class and category as LICENSEE, as of (1) "Base License Fee" means the annual fee due in the end of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule and advance written notice. based on LICENSEE's population as established in the most recent published U.S. Census data. It does not 8. ASSIGNMENT include any fees due for Special Events. This license is not assignable or transferable by operation of law (ii) "Special Events License Fees" means the amount due or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of the musical compositions licensed under this Agreement, nor LICENSEE. It does not include any Base License Fee does it authorize any public performances at any of the Premises due. in any manner except as expressly herein provided. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of 9. ARBITRATION municipal and/or county attorneys shall be required to All disputes of any kind, nature, or description arising in pay only the fee under the Schedule C of the Rate connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not subject except for matters within the jurisdiction of the BMI Rate Court, to Schedule A or Schedule B of the Rate Schedule. shall be submitted to the American Arbitration Association in the Fees paid by such leagues or associations do not cover City, County, and State of New York,for arbitration under its then performances of the municipality, county, or other local prevailing arbitration rules. The arbitrator(s) to be selected as government entity represented by the league or follows: Each of the parties shall, by written notice to the other, association. Schedule C fees are not applicable to have the right to appoint one arbitrator. If, within ten (10) days municipal,county or other government entities. following the giving of such notice by one party, the other shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so Page 2 of 4 • 2011 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Check Population Range(-v) LICENSEE's Population Base License Fee Enter Fee as Upon Population 1 - 50,000 $309 $309 ❑ 50,001 - 75 000 $615 ❑ 75,001 - 100,000 $740 ❑ 100,001 - 125,000 $986 ❑ 125 001 - 150,000 $1,233 7 150 001 - 200,000 $1 603 ❑ 200,001 - 250,000 $1,972 ❑ 250,001 - 300,000 $2 344 300,001 - 350,000 $2,713 ❑ 350,001 - 400 000 $3,085 ❑ 400,001 - 450,000 $3 454 ❑ 450,001 - 500,000 $3,824 ❑ 500,001 - plus $5,187 plus$500for every 1$5Ao population increment If 500,001 or more,enter population or portion thereof above 500,000 up to a maximum annual fee of—a-3 SCHEDULE A FEE $ $309.00 SCHEDULE B Special Events Fee (to be reported 90 days after each event*, see Par. 13(d)) The rate for Special Events shall be 1%of Gross RevenE FlImited pecial Events" means musical events, concerts, shows, pageants, sporting events, festiE titions, and other events of duration presented by LICENSEE for which the"Gross Revenue"of such Special Events5,000.00 ross Revenue"means all monies received by LICENSEE or on LICENSEE'behalf from the sale of tickets for each Special Event. here are no monies from the sale of tickets,"Gross Revenue'shall mean contributions from the sponsors or other payments received LICENSEE for each Special Event. SCHEDULE B FEE BMl will provide a report form to report your events* SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys (to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys) The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues,or state associations of municipal and/or county attorneys shall be$309.00. No Special Events fee applies to LICENSEES qualifying under this schedule. SCHEDULE C FEE $ 13. REPORTING (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and (ii) a report containing the information set forth in Paragraph 13(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety(90)days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (I) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event(as defined above); (iv) the license fee due for each Special Event. July 07,2011 2017712 Page 3 of 4 • • (a) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS/LICENSE FEE FOR YEAR 2012 AND THEREAFTER For each calendar year commencing 2012, all dollar figures set forth in Schedules A, B and C(except the$500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with any percentage increase in the Consumer Price Index—All Urban Consumers(CPI-U))between the preceding October and the next preceding October,rounded to the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI. 15. TERM OF AGREEMENT This Agreement shall be for an initial Term of one(1)year, commencing July 1,2011 ,which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one ( )) year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the Agreement shall terminate on the last day of the Term in which notice is given. 1 AGREEMENT I0 8 2011 AGREEMENT,made at New York,N.Y.on(Date will be entered by BMI upon execution) If between BROADCAST MUSIC,INC., a State of New York corporation with its principal offices at 7 World Trade Center,250 Greenwich Street,New York,N.Y.10007-0030(hereinafter"BMI") and the legal or trade name described below and referred to thereafter as"LICENSEE"(the"Agreement"). This Agreement includes all of the terms and conditions set forth herein. LEGAL NAME LICENSED PREMISES City Of Palm Springs, California All locations are licensed b LICENSEE (Name of Corpo2don,PadnershlA orici ividual Owner) (Sheet Address) TRADE NAME (city) (stare) (ziv) City Of Palm Springs (Doing business under the name o0 (Telephone Number) (Fax Number) PLEASE CHECK APPROPRIATE BOX (coomectName) (Title) ❑ Individual Ownership (EmailAddress) (web address) ❑ LLC ❑ Corporation (scare a eKo.Faarrea,;r mnareni/mm tmwrsed Premses, ❑ LLP ❑ Partnership MAILING ADDRESS (Emwremeso/padnem) (if different from Licensed Premises) ❑ Other 3200 East Tahquitz Canyon Way (Shcetaddresa) Federal Tax ID No. Palm Springs CA 92262 ( GOVERNMENT ENTITIES (Gay) (State) (zip) (if applicable,Please check one) (Telephone Number) ❑ Federal ❑ State (Fax Number) (State) (Contact rvame) (Title) Local City of Palm Springs CA (Munidpality and State) (Email Add-se-a o-Aferent/rom above) TO BE COMPLETED BY LICENSEE FOR ADMINISTRATIVE USE ON Y By signing this Agreement you represent that you have the authority to bind �e"r TO B TED BY LICENSEE and that you have read,understood and agree to ail of the lemis and conditions herein. � B v (2'0 (SIGN HERE—PLEASE INCLUDE PAYMENT) 9 a ignature Thomas G. Annastas, Vice Presider4 Print Name/Title Signatory Email Address' FOR BMI USE ONLY LGE LI-2010/May (if different from above) EFFECTIVE: fif'In order toreceive a wpy of your executed Agreement, /v 2017712 January2010 PLEASE RETURN THIS ENTIRE SIGNED U LICENSE AGREEMENT TO: ACCOUNT NO. COID BMI,10 MUSIC SQUARE E.,NASHVILLE,TN 37203 a BMI and the music stand symbol are IIIIIIIIIIIYIIIIIIIIIIII III I IIIII II II�II I IIIIIII I IOIYYIINIIIIIIIIIIIIIIII'II�Ikl registered trademarks of Broadcast Music,Inc. Page 4 of 4 III I SIGN LANGUAGE INTERPRETER SERVICE AGREEMENT i GENERAL , LiFESIONS office hours ate from 7:30 a.m.to 5 p.m.from Monday thorough Friday only. We observd all state holidays. Please contact your local LIFESIONB office for infoi,aation related to service assignments, • i Los Angeles,Antelope vmlley,orange, Riverside And Satz Bernardino Counties: Kern and Ventura Counties: Phone:(951)27S.5035 2222 Lavern Avenue T'TY:(95I)275,0650 Los Angeles CA 90041 FAX:(951)275,5065 Phone:(888)930-7776 ITY:(323)550.4224 FAX:(323)550,4215 For all and any billing inquiries contact(323)550.4242 � i AT i,AI-rkJK HOURS EMgRGENCV ONLY 8001633.8883 (POLICWHOS TIAL ER ONLY Please no requests or messages) j i Specifications and Responsibilities: j 1. Intent LIFESIONS,Inc.provides communication services to remove communication barriers to both parties involved,also to indi+vidva►s,businesses and organizations who are covered € by Section 504 of the Rehabilitation Act,Americans with Disabilities Act and similar € sta tte and federal laws requiring the provision of auxiliary aids and services as necessary i to ensure effective communication with deaf,hard of hearing or deaf blind persons, Subject to the Availability of intejyr,.Lets,L,II~'ESIGNS agxces to provide commtrnic&1ion services upon request to REQUESTPR. CUSTOMER agrees to the fallowing conditions, rates and services listed below. The following conditions,rates,and services apply for communication services provided.by L1F'ESION5 on an as-needed basis. 2. Definitions after-hours: Monday through Priday after 5:00 p.m.and before 8:30 a.m.,weekends, and holidays. Business hours: Monday through Friday,between 8:30 are,to 5:00 p.m.excludhg weekendt mtd holidays. EMoraenoy tntemTgting, Interpreting services requested by medical,mental health or s law enforcenreat with ILs than 24-hour notice,and including last minute requests for the same day will be treated as such. 3. Communication Services 1 ftp Language Interpreting': L,IFESIONS staff and subcontracting into,pretem are certified by either the National Association of the Deaf(NAA)or Registry of Interpreters, t 1 ' f , i t'orthe Deaf(RID). Most certificate holders have completed professional Intel prdter ! training and have extensive professional inta prcting experience. LIFESIGNS reserves the right to detex,caine if an assignment based on its lend or complexity requires two interpreters winting at intervals of 20 to 30 minutes. Generally, assiPrnents exceeding 2 hours or oontinuons non-stop presentations,meeting,groups and/or legal type mectings where two(2)separate parties are represented will+two(2) different sides/points of view will require team(2)inter patters due to the oonfilet of { story. Emergency Xrtterpt Plug: Emergency requests for life threatening medical,mental health and law enforecment situations are givers top priority. SIGN LANGUAGE INTERPRE uERS AU ON CALL 2417 SPECIFICALLY FOR LIFE-THREA r WING EMSRCrENCIES. E For EII11ERGENCY/LAST MINUTE REQUESTS duriigg business hours,please call local area numbers.To request)EMERGENCY SERVICES aver-hours fnr life threatening medical,mental healtb and law enforcement situations, please call(800) � 6334883. Please do not call after-hours emergency line to make appointments or to leave messages for the dispatchers. After-hoprs emergency line is for ernerpricies that require Immediate response,for life4hreatening situations ONLY. ! i It is reconunerlded that the request be made immediately. Cost of service is incurred to CUSTOMER only when an interpreter is dispatched. Due to the high demand of i interpreters,all efro,rs will be mn0v to provide inteLpicter as soon as possible. 4. Fee$cbedule: Sign Lauguitge&Oral: $65.00 per hour with a 2-hour minimum- Tactile(for de0blind):$70.00 perhour with a 2-hour minimum. ! Tri-Lingual Intmpreter:Sparxish,English and ASL:$70.00 per hour with a two-hour aninlmum. 1 EMERGENCY INTERPRETEING/LAST MINU'il't REQUESTS MADE 11OR THE SAME OR NEXT DAY:: $75,00 per hour with a two-hour minimum. � 4 S. Policies avid Procedures for CUSTOMER Communication Services Request: Due to the high demand for communication services,LIYESIGNS A-ongly encourage that all requests mnat be made with a minimum of 5 to 7 working days advance notice. LIFESIGNS cannot guarantee interpreters for any request made in less than the required notice however every effort will be made to secure an intatpreter. When requesting an inte pretek.please provide the following information; I. Date of service needed. 2. Time span ofservice(start time and we must have fmdtime). 1 Address of assignment(including cross street,room numbers,building,parking location and fees or any other pertinent information). 4_ Contact personn,at the intmjxvting site and direct phone/cell number. S. Nature of the assignment(I-1 meeting,computer trAming,new employee orientation,parcnthencher conform=,etc.) 6, Billing infnimeon(authorized person,attention to whom and PO#if'required). Z � E ' Due to tight solxedules and our commitmedt to provide service to as many clients as possible,we �. highly suggest you secure interpreter for the exact time you anticipate to complete your request In the event that an aa4ignment goes over original time requested,exeng time will be billed at EMERGENCY lRA'm. Due to tite commitment of other appointments,assignments,and obligations,it cannot always be promised that your interpreter will be able to stay over the original time requested. It is suggested thtt your appoinunents Are prompt and completed as originally requested. Cancellation: Cancellation for msi invents lasting two hours,or less will require 25-business hour advance notice of cancellation_ Cancellation for assignments lasting longer than two hours will require a 49-bminess hour advance notice of mcallation. **BUSINESS HOURS:i1YESIONS office hours are 8:30 a.m.to 5 p.m.Monday througb Friday.We observe all State and National holidays. Cancellation must be made during business hours. Cancellations made during non-business hours and/or during holiday(s)will not be horrvred. If the cancellation Is not trade within the specified amount oftime,the CUSTOMERMEQUESTOR will be billed for the total amount of time requested. Weekend and holidays are not considered regular business hours. We request that sit cancellations be made via FAX using the original faxed request with the work CANCELLATiON written diagonally across the request and RE-FAnD to LIPBSIGNS. ALWAYS call to verify that fax was received_ If request was made by phone,please submit via ! FAX the following infomation:Lute,time,location and patient's name of appointuwnt/request that:is being cancelled witli the words"PLEASE CANCEL REQUEST." UYESIGNS LOS ANGFIaFS FAX: 3231550.421.5 LIMSIGNS RIVERSIDE FAX: 951/275-5065 No-show Policy; The event of deaf CONSUMER/P&17IrNT/CLIENT failure to appear for j scheduled appointment will not release the CUSTOM UVREQUESTOR ftm responsibility of full payment for services. Remittance for Service Payment of invoice(s)is required within 30 days of receipt by CUSTOMER of invoices. f Independent Contractor Status E The parties hereto are independent contractors at all times and neither shall be considered the I employee,agent or partner of the other. Grievance Procedures Suggestions for improving LIF'ESIGNS are always welcome_ At some time during the conbwtual period,the CUSTOMbx may have a complaint,suggestion or question regarding LIPESIG4NS Policies and Procedures or services. Good-faith complaints,questions and suggestions are also of ooncern to LIFEST(3NS. Please use the following guidelines when addressing concerns: I. Within a week of the occurrence,please info:gin the Director ofLIlrmSIGNS who will then investigate and attempt to provide a solution or explanation. If the complaint is regarding the Director,the CUSTOMER has tho right to bring the situation to the attention of the CEO of the GTooter Los Angeles Agency on Deafness,Inc.(subsidiary of L1FESiGNS). 3 -t i fi i s k ! Z. CUSTOMER may also state the conoern in writing and present it to the Director of L!l,E�t3Sll3N5. E In order to resolve an issue through grievance procedures,a written awtoment must contain the following: • Provide a specific complaint,suggestion or question. • Describe what took place. Furnish date(s)of incident(s). Include names and title of individuals who are p,u4 of the grievance,suggestion or question. i • Include all supporting docurnentatiom Termins ion of Services Either party may tertainate this Agreement without cause effective 30 days after receipt of wt itten notice provided to the other party by the terminating party. I � hither patty may te„minate this Agreement with cause for any,material brmch of this Agreement upon notice served to the other party specifying the nature of the breach. Hold Harmless:The parties hereto shall,and hereby do,indemnify and hold harmless the other Party,its respective officers,directors,ag ji%representatives and employeas frolu and against all liabilities,claims,losses,obligation,actions,demands,costs and expenses(including without ! limitation actual attorneys fees)liabilities resulting iron)their own acts or omissions in conne4lion with the performance of this agreement. ! I Each party hereto shall,at its awn sole cost and expense,procure and maintain such policies of professional liability and/or errors and omissions insurance,and other insurance as shall be necessary to insure them and their employees,agents or affiliates against any claim or claims for damages arising by reason of the performance by wither party of the obligations required by this agreement. Amendments This Agreement may be amended in whole or in part by mutual agreement of both parties_ Such modifleatious shall be made in writing and must be signed by mrh party hereto. All such amendments shall be attached hereto and shall become a part of this Agreement immediately upon full execution of each amendment Any provisions required to be in this Agreement by any applicable law or regulation shall bind both parties to this Agreement,whether or not expressly provided in this Agreement. Either party shall notify the other party of such requimnl ent In writing at least'30 days before the offccfive date of such law or regulation:. Ifyou have any questioa(s),please do not hesitutc to contact us. E E 4 ; i For your convenience,a quick recap of the points of our Service Agreement w Our regular rate is$GS per hour with a 2 hour minirnum i • Our Trilingual&Tactile rate is$70 per hour with a 2 hour minimain � • Our Emergency rate(we have minimal time to obtain interpreter)is S75 per hour with a 2 hour minimum • Cancellation must Occur more than 25 hours before*2 hour assignment and 49 hours before an assignment longer than 2 hours. I • Cancellation must occur darling business fours(M F 8:30ar 5p EXCLUDES i holidays and weekends) I w Plepse verify all contact via fax,by phone or email to be rare fax arrired legiblyl • N"how of deaf client still encumbers agency to Icy for our services. AU I:HORI ING AND BTLT.JNG PJFORM.AT.TON Agency Name max .7 43 i Billing Address City,Sta►e,zip rlOtic W!< soM� f,SS� �/��/�1��,It✓ �Cod�323-��� PRINT Authori-zed Agent Name Tii1e Direct Phone Number Signature of Authmi gent i i Alyce DeMers I.IFESICiNS,INC. i Director of LwESIGNS Tax iD:95-4044564 2722 Laverna.Ave LOS ANGELES DISPATCH: Los Angeles,CA 90041 323/550.4210v Ardemers@Flad4c.ora $88/930.77 7G toll-free Video Relay 966/603.9144 323/550.4215 fax RIVE>KSIDE I)ISPAUji.-951-275 5035v FAX:(951)275.5065 www,gladinc,org www.codie.org Sop-09 5 Repest ulm br.. lJow te: t s ' II T'rO,yroler Se mice Requeg i ,B �.� t 0 s Y ee Ne ed:. r _ S," �I Z� F,n Txate • +xy N''aM#:. ry @ PYEAM MINT Ct IAT�L7f} A ON-AMNTZMMAI(314i Deaf Coxes-m r: Val*Ilitr it mot} €ek /�Isty CAY P� s, ti CC47S.S.fi,F.neCY_:_� V r��' � .. � �'�]17€gtC9.':_ : P+iet=o€Asft'��.-aient _ �`'�' £�a,�to�iCcr�ti�ZG�c xa +',' j fir `�hll,)oLL�Q,., ?D 7-S IL As esa,Ctr,S a F7.a ,. Po x- ,z dFir., t' Acre T« - J PC#( appAe}: �„�g��. ��-t�_�-b OK-�r�p�i�-�.S r _ rC�t�"�7'�/_ - - � • ' T ' v e-/. a///0 �t,A 40-m* esea=fiatkyE Tine none* ToWe Daft Ate.CART S MUST BE R1ECEMn VIA FAX OR EMA1 .�C tlx -oratea�,PAX„d'rcaer��rsTr_hrXPD �... �waa�ar3Xrn�+�,�. 'sIys FAX 951-275.5M i 17.5 h&,u s or few,aad a 7ww-sumw", sew # 2 lr�ate9. Gs+��t7e3iorar�• ��is a�-' s }�k�ir s 144r sm�l a,�a�gr• y 5pm WwrTr 1'a ctlf►�mJs 4" �Yc► i ? �� ' s .ej�G s g i ax�Sa If raracrytahhu is#$twa*uaidfi�,t s��Eri i.rr.�1�*�oJlirx4 tha '• �;tire►erbeb����ort�t, �rv�a�pfrr�M��tr.� � Assr�,=,�,ats riu�'e t�►�ri�,���tsc�a,alian rvitl bs a�Tu•3ar7sr�ate' a�fart=•,t�yYs�x,�(Tf�f_*�11�s x.r�F„a:..,. k CAN CELLATION FORM TODAY'S DATE: TIME: SCHEDULE APPT DATE: APPOINTMENT TIME: DEAF CLIENT NAME: AGENCY: YOUR NAME: _". DIRECT PHONE#: Cancellation /No 'Show Policy: Cancellation for assignments lasting two hours or less will require 25-business hour advance notice of cancellation. Cancellation for essignments lasting longer then two hours will require a 49-business hour advance notice of cancellation. Cancellation must be made during working business hours. If the cancellation is not made within the specified amount of time, the CUSTOMER will be billed for the total amount of time requested. Weekend and holidays are not considered regular business hours. The failure of customer/patient/client to show up for the scheduled appointment will not release the CUSTOMER from responsibility of full payment for services. All cancellations MAST be received by: Fax 951-275-5065 OR E-mail at Lifesigns@codie.org .it of Palm S rin s 1 4 .11 David H. Ready, City Manager 3200 E Taliquitz Canyon Way 9 Palm Springs, California 92262 TEL. -60) A2;-8201 I FAX:('60)3-'3-8207 0 \Xleh:wwwpalmsprings-ca p,v March 23, 2011 Apple Developer Programs Attention: Erik Klimek VIA FAX: 1-877-838-1384 Dear Mr. Klimek: 1, David H. Ready, am the City Manager of the City of Palm Springs, California. The City of Palm Springs has the intent to participate in the Apple Developer Programs. The City's Tourism Bureau will produce the applications. I have the legal authority to bind the City to contracts on behalf of the City of Palm Springs for Apple's programs for the iPhone app and the iPad app. The Enrollment ID for the City of Palm Springs is # NP47CA6JT4. Sincerely, CITY OF PALM SPRINGS Al I EST: David H. Ready, Esq.zk11qr ames Thompson City City Manager City Clerk Contact Information: City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 office ph: 760.322.8362 e-mail: david.ready@palmspringsca.qov Post Office Box 2-4i 0 Palm Springs, California 9-1-Mi-2-4� CITY OF PALM SPRINGS, CALIFORNIA CITY CLERKS DEPARTMENT ���� t ►LMd+ •`i[iIORAr. MEMORANDUM TO: Mayor and Members of the City Council COPY: David H. Ready, City Manager Craig Gladders, Procurement nager FROM: James Thompson, City Clerk SUBJECT: Contract/Purchase Order Auth DATE: March 3, 201 Palm Springs Municipal Code §7.03.020(7) provides the City Manager the authority to delegate the award authority for purchase orders and contracts in writing for specified amounts within the City Manager's award authority. Attached document approves a greater authority for the Director of Public Works and the Asst. Director of Public Works, granting the award authority of $20,000 and $5,000 respectively. Please note that all requirements and policies for procurement and contracting shall be followed; including the reporting to the City Council of contracts and purchase orders awarded on a monthly basis, this modification only increases the amount of award authority. The Code also requires that the City Council be notified in writing of any delegation under this Section. Hence, this is for your information only, and no further action is required of the City Council. Please do not hesitate to contact me if you have any questions regarding this procedure. c�J" C� 1 NOV 1 1010 MEMORANDUM To•r - c' , � _- ��1 DATE: MONDAY,NOVEMBER 1,2010 TO: David H. Ready, City Manager FROM: David J. Barakian,Director of Public Works/City Engineer SUBJECT: Contract Limits Pursuant to your our conversation,I am requesting you authorize me to approve contracts, change orders and requisitions/purchase orders up to $20,000 and Marcus up to $5,000. I have discussed this with Doug Holland and he agrees that the attached Municipal Code Section 7.03.020(7)of the Procurement Ordinance allows you to do this. This will allow many of our contracts and change orders to be processed and approved without the delay of layers of additional signatures for approval. This will also reduce the backlog of requisitions that come through for my approval by redistributing the smaller amounts to Marcus. /clr M m Concur: co M ri Doug Holland, City Attorney ' co :.a M r C; < J M Cn Approved —._ - --- X GYca David H. Ready anager xc: Doug Holland'� Marcus Fuller Attachment. OF PALM S A� U rTdY� CI 1e ryCURPo n� k gpY40 C'1Z I FO RN\P Palm Springs Municipal Code Up Previous Next Main Search Print No Frames Title 7 PROCUREMENT AND CONTRACTING Chapter 7.03 GENERAL METHOD OF AWARDING CONTRACT O$PURCHASE ORDER 7.03.020 Contract and purchase order procedures for procurements up to twenty-five thousand dollars. (1) General Authority. A public project,a service contract and/or a procurement order of twenty-five thousand dollars or less may be performed by city employees by force account, by negotiated contract or by purchase order. (2) Negotiated Contract Procedures for Public Projects. For those projects estimated to cost less than twenty-five thousand dollars,the director of procurement and contracting shall obtain a cost estimate from the director of public works prior to negotiating a contract with a responsible contractor. For any city force account work,the director of public works shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public project. (3) Negotiated Contract Procedures for Non-professional Service Contracts. For non-professional service contracts with a cost estimate of twenty-five thousand dollars or less,the director of procurement and contracting shall develop procedures for negotiating a contract with a responsible contractor. The procedures for professional service contracts are specified in Chapter 7.04. (4) Delegation of Authority to Award Purchase Orders Under Two Thousand Five Hundred Dollars. The director of procurement and contracting shall adopt operational procedures for making procurement of two thousand five hundred dollars or less and may delegate the head of any using department the authority to make procurement of two thousand five hundred dollars or less. Any such delegation shall be in writing and may be revoked, if.the delegated authority is not exercised in accordance with the operational procedures,the delegation,and this title. (5) Purchase Order Procurements Under Five Thousand Dollars. Any purchase order procurement not exceeding five thousand dollars may be made in accordance with procedures promulgated by the director of procurement and contracting. (6) Purchase Order Procurement Between Five Thousand Dollars and Twenty-Five Thousand Dollars. Insofar as is practical, for purchase order procurement in excess of five thousand dollars and less than twenty-five thousand dollars no less than three businesses shall be solicited to submit quotations. The names of the businesses submitting quotations and the date and amount of each quotation,shall be recorded and maintained as a public record. Such record may be electronic. Award may be made by city manager for all contracts and purchase orders up to twenty-five thousand dollars. The city manager may delegate award authority to the director or other appropriate staff in writing for specified amounts. Any such delegation, including who the delegation is to and the amounts delegated, shall be reported in writing to the city council. (Ord. 1605 § 1 (part),2002) �fi In/7/)nIn9- 7➢M CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE THIS CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE (the "Note") is entered into this 16th day of March, 2011, by and between the CITY OF PALM SPRINGS (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency"), with reference to the following facts: A. The Agency has prepared Redevelopment Plans for the Merged Project No. 1 and Merged Project No. 2 Redevelopment Projects (the "Project Areas"), which results in the allocation of taxes from the Project Areas to the Agency for purposes of redevelopment. B. The intent of the Redevelopment Plans is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the repair, restoration and/or replacement of existing public facilities and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Areas; and to increase, improve and preserve the community's supply of low and moderate income housing, some of which may be located or implemented outside the Redevelopment Project Areas; and to take all other necessary actions to implement the redevelopment plans for the respective redevelopment projects and to expend tax increment to accomplish the goals and objectives of the respective redevelopment projects. C. Pursuant to California Redevelopment law, section 33220, certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. The Agency has previously entered into certain Promissory Notes as follows: • Promissory Note dated December 12, 2007 in the initial amount of $4,823,000, of which $797,000 currently remains outstanding and will accrue interest at 6% to June 30, 2011 for an estimated outstanding balance of $844,820 at June 30, 2011; • Promissory Note dated December 12, 2007 in the initial amount of $4,675,000, all of which currently remains outstanding and will accrue interest at 6% to June 30, 2011 for an estimated outstanding balance of 4,955,500 at June 30, 2011; and • Promissory Note dated February 7, 2008 in the initial amount of $51,297,000, all of which currently remains outstanding, and has accrued but unpaid interest of $3,704,357 as of June 30, 2010 and will accrue additional interest at 10% to June 30, 2011 for an estimated balance of $60,675,921 at June 30, 2011; The three outstanding promissory notes above described are incorporated herein by this reference and referred to herein as the "Outstanding Notes". Page 1 ORIGINAL BID AW'WR AGREEMENT E. The Agency wishes to enter into this Note with the City for the pledge of net available tax increment to repay amounts borrowed or otherwise to be reimbursed for the Outstanding Notes. F. Net available tax increment is defined as any tax increment, net of existing debt service payments, and existing contractual obligations received by the Agency or any lawful successor of the Agency and/or to any of the powers and rights of the Agency pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of net available tax increment will constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Note will be contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. G. The City Council (the "Council") and the Agency by resolution have each found that the use of Agency redevelopment funding for the Outstanding Notes was, if applicable, in accordance with Section 33445 of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL") and Section 33445(a) of the CRL and other applicable law at time the financial obligation was originally incurred. The said Council and Agency resolutions are each based on the authority of the Agency, with the consent of the Council, to pay all or part of the cost of the installation and construction of any building, facility, structure, or other improvements which is publicly owned either within or outside a project area, if the Council makes certain determinations. H. By approving and entering into this Note, the Agency has approved the pledge of net available tax increment from the Project Areas to pay for the Note. I. The obligations of the Agency under this Note shall constitute an indebtedness of the Agency for the purpose of carrying out the Redevelopment Plans for the Project Areas. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. INTRODUCTORY PROVISIONS The recitals above are an integral part of this Note and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Note. Page 2 II. AGENCY'S OBLIGATIONS 1. The Agency's obligations under this Note, including without limitation the Agency's obligation to make the payments to the City required by this Note, shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of the Project Areas and are obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations of the Agency set forth in this Note are contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. 2. The Note shall bear interest at the 6% starting July 1, 2011. 3. The obligations of Agency under this Note shall be payable out of net available tax increments, as defined in the above recitals and/or as defined or provided for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the Redevelopment Project Areas, and allocated to the Agency and/or any lawful successor entity of the Agency and/or any entity established by law to carry out any of the redevelopment plans for the Project Areas and/or expend tax increment or pay indebtedness of the Agency to be repaid with tax increment, pursuant to Section 33670, et seq., of the California Community Redevelopment Law or any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, in the minimum amounts set forth in the Payment Schedule attached hereto as Exhibit 1 and incorporated herein by this reference. 4. The Payment Schedule reflects the payments from the respective Redevelopment Project Areas in the same proportionate share as the Outstanding Notes. 5. The indebtedness of Agency under this Note shall be subordinate to the rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness (all referred to herein as "indebtedness") of the Agency incurred or issued to finance the Project Areas, including without limitation any pledge of tax increment revenues from the Project Areas to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any bond or bonds issued or sold by Agency with respect to the Redevelopment Project Areas. 6. All payments due to be made by the Agency to the City under this Note shall be made by the Agency in accordance with the schedule set forth in Exhibit 1 and as otherwise necessary to reimburse the City for the cost to the City of performing its obligations hereunder. Page 3 IV. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code Section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Note to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above-stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code Section 895.2. V. ENTIRE NOTE; WAIVERS; AND AMENDMENTS 1. This Note integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Note. 2. This Note is intended solely for the benefit of the City and the Agency. Notwithstanding any reference in this Note to persons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Note. 3. All waivers of the provisions of this Note and all amendments to this Note must be in writing and signed by the authorized representatives of the parties. VI. SEVERABILITY If any term, provisions, covenant or condition of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VII. DEFAULT If either party fails to perform or adequately perform an obligation required by this Note within thirty (30) calendar days of receiving written notice from the non-defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non-defaulting party will have all the rights and remedies available to it at law or in Page 4 equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non-defaulting party enumerated in this paragraph are cumulative and shall not limit the non-defaulting party's rights under any other provision of this Note, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Note or hereinafter enacted or established, that may be available to the non-defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Note. BINDING ON SUCCESSORS This Note shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. IN WITNESS WHEREOF, the parties have executed this Note as of the date first set forth above. CITY OF PALM SPRINGS David H. Read nager ATTEST: - = CITY COVICIL rrrekrbrrpson, City Clerk COMMUNITY REDEVELOPMENT - AGENCY David H. Ready, Ex Director = ATTEST. .-ATTEST. . j_ imes t71 w 'M MMUMT-Y Jt Il v APPRAl AGEWY BY Imo,. no,Thompson, Assistant Secretary APPRT TO FORM: Douglas C. Holland, Agency Counsel Page 5 EXHIBIT 11 PAYMENT SCHEDULE Payment Date Merged Project No. 1 Merged Project No. 2 June 30 Payments i 1) Payments (1) 2012 _ $895,500 $ 1,000,000 2013 - 1,100,000 2014 - 1,210,000 2015 - 1,331,000 2016 - 1,464,100 2017 - 1,610,510 2018 - 1,771,561 2019 - 1,948,717 2020 - 2,143,589 2021 - 2,357,948 2022 - 2,593,742 2023 - 2,853,117 2024 - 3,138,428 2025 - 3,452,271 2026 - 3,797,498 2027 - 4,177,248 2028 - 4,594,973 2029 - 5,054,470 2030 - 5,559,917 2031 - 6,115,909 2032 - 6,727,500 2033 - 7,400,250 2034 - 8,140,275 2035 - 8,954,302 2036 - 50,000,000 2037 - 60,093,584 (1) Includes interest at 6% Page 6