HomeMy WebLinkAbout04555 - CITY OF PALM DESERT AIRPORT CHIHULY SCULPTURE City of Palm Desert
Chihuly Sculpture
AGREEMENT #4555
M07146, 9-4-02
AGREEMENT BY NON-PROFIT ORGANIZATION
PROVIDE SERVICES TO THE CITY OF PALM DESERT
City of Palm Springs
Fiscal Year 2002-2003
This Agreement is made and entered into this July 1, 2002, by and between the
CITY OF PALM DESERT, a municipal corporation (herein referred to as "City"), and, City
of Palm Springs, non-profit corporation (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the Contractor is a non-profit corporation presently providing services
to persons residing within the CITY OF PALM DESERT, and has staff in place ready and
willing to provide services to the CITY OF PALM DESERT for the benefit of its residents,
and
WHEREAS,the Contractor has submitted to City an application setting forth in detail
its request for funding the services IL intends to provide, and the quantity and quality of
such proposed services, which application is the basic document upon which this
Agreement is founded,and which application is incorporated herein by reference as Exhibit
"A"; and
WHEREAS, the City desires to have certain services performed for the City and its
residents by the Contractor, and the City has determined that it is advantageous to the City
and to its residents to have certain services provided by the Contractor, and that it is in the
public interest so to do; and
WHEREAS, the services which the Contractor proposes to provide, and which the
City desires to have provided by the Contractor, are itemized in its application for funding
and in Schedule A.
NOW THEREFORE, in consideration of the mutual promises and agreements
herein contained, and other valuable consideration, the parties hereto, and each of them,
do hereby agree as follows:
1. All recitals set forth hereinabove are incorporated herein as undertakings and
representations by the parties hereto.
2. RESPONSIBILITIES OF CONTRACTOR:
g
City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
A. Contractor agrees to provide to City all of the services specified and detailed
in its application for funding and in Schedule A, and to conduct all programs
specified therein in a manner to reflect credit upon the City and Contractor.
Contractor represents and warrants to City that it is able to provide, and will
use funds granted by the City to provide the services represented in
Contractor's application for funding. City provided funds shall be used only
for those purposes specified in such application.
B. Contractor shall report to City in January on the services provided,with such
detail as City may reasonably request; the report may be in the form
attached as Schedule B. Similar information, using the form specified in
Schedule C, shall be provided at the time of any request for funding for the
2003-2004 Fiscal Year.
C. Financial Reporting: Any contractor receiving or due to receive $20,000.00
or more from the City during the 2002-2003 fiscal year shall provide to City
a financial statement prepared by a recognized accounting firm approved by
or satisfactory to City's Finance Director completed within the most recent
twelve (12) months showing the Contractor's, financial records to be kept in
accordance with generally accepted accounting standards. The report shall
include a general ledger balance sheetwhich identifies revenue sources and
expenses in sufficient detail to demonstrate contract compliance and be
balanced to bank statements. Any organization receiving or due to receive
less than $20,000.00 in the current fiscal year from the City shall provide a
copy of the organization's most recent charitable trust report to the Attorney
General,orotherfinancial information satisfactory to City's Finance Director.
The financial information provided for in this paragraph shall be furnished not
later than January 31, 29f30, ) 2063
3. RESPONSIBILITIES OF CITY:
A. In consideration of the performance by Contractor of the services as
specified in Schedule A,the City shall pay a one time sum to the Contractor,
during the Fiscal Year 2002-2003, those sums specified in Schedule A,
payable within twenty(20) days of the delivery of an executed original of this
Agreement. No payments shall be made until Contractor has submitted to
City, in form satisfactory to the City's Finance Director, a request for
payment.
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City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
B. The appropriation of funds by the City prior to or following the execution of
this Agreement,forthe expenditures and services contemplated herein,shall
not create fixed or binding obligations upon the City to pay same to the
Contractor; all payments shall be dependent upon the filing of proper
request. The City may consider, during its mid-year budget review, an
additional allocation of funds to the Contractor, but no assurance of
additional funding is given.
4. TERM OF AGREEMENT. This Agreement shall be effective as July 1, 2002 and
continue in effect until June 30, 2003, unless sooner terminated in accordancewith
the termination provisions set forth hereinafter. The parties contemplate that the
City may desire to enter into a new Agreement for similar services for the
subsequent Fiscal Year, but unless a new Agreement is entered into, Contractor
shall not be obligated to provide any services, nor shall Contractor be entitled to
payment for services rendered, after June 30, 2003.
5. UNILATERAL TERMINATION: Despite the provisions that this contract shall be in
force until June 30, 2003, this Agreement may be terminated by either party, with
or without cause, at any time upon either party giving thirty(30)days'written notice
to the other party of said termination. Upon such notice being properly given, this
Agreement shall terminate upon the date specified in the written notice. If this
Agreement is so terminated the Contractor shall be compensated for the services
provided as of the date of said termination based upon services rendered prior to
termination, with compensation in proportion to the amount of expenditures and
obligations properly shown by reports submitted. In the event that Contractor has
received the full one time sum provided for in this Agreement at the time of any
such termination, Contractor shall promptly refund any surplus funds to City.
Amounts due shall be determined on a prorated basis, in accordance with Schedule
A, with any amounts due to be prorated based upon the period during which the
Agreement continued in effect, prior to termination.
6. RELATIONSHIP OF PARTIES: It is understood that the contractual relationship of
the Contractor to the City is that of Independent Contractor; Contractor.is not the
agent of the City, nor an employee of the City. City shall not direct the manner in
which Contractor provides its services, but Contractor shall be responsible for the
results achieved. The means by which Contractor provides the services specified
hereunder shall be determined solely by Contractor. City shall exercise no control
over the manner and details of performance, the specific hours that any employee
of Contractor may work, who shall be employed by Contractor or which employee
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City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
is assigned to any particular function or duties; nor shall City provide supplies or
tools utilized to accomplish the tasks undertaken by Contractor.
7. ASSIGNMENT: This Agreement shall not be assigned or duties hereunder
delegated by Contractor without the written consent of the City.
8. AMENDMENT: This Agreement may be amended or modified only by written
agreement signed by both parties, and failure on the part of either party to enforce
any provision of this Agreement shall not be construed as a waiver of the right to
compel performance of such provision or provisions.
9. WORKERS COMPENSATION INSURANCE AND OCCUPATIONAL SAFETYAND
HEALTH ACTS: The Contractor shall obtain and maintain during the term of this
Agreement such Worker's Compensation Insurance as may be required by state
law and shall comply in all respects with the provisions of both federal and state
occupational safety and health statutes.
10. LIABILITY INSURANCE: Contractor shall procure and maintain for the duration of
this Agreement liability insurance against claims for injuries to persons or damages
to property in an amount not less than One Million Dollars ($1,000,000.00) which
may arise from or in connection with the activities of Contractor or employees of
Contractor under this Agreement. All such insurance shall name the City of Palm
Desert as an additional insured and, upon written request, Contractor shall furnish
the City with certificates of insurance documenting such coverage.
11. HOLD HARMLESS: The Contractor's relationship to the City is solely that of an
independent contractor. No employee of the Contractor is an employee or agent
of the City in any respect, and Contractor shall be solely responsible for all activities
of its employees, agents, its own independent contractors and third parties for all
losses, costs, damages or injuries (including wrongful death) caused by or arising
out of any act or omission of the Contractor, its employees, agents, or independent
contractors relating to the services performed or to be performed by the Contractor
hereunder. Contractor specifically agrees to save and hold harmless the City, its
officers, employees and agents from any liability or claim of liability arising from
performance under this Agreement.
12. POLITICAL ACTIVITY PROHIBITED: The Contractor shall not itself, or by its
officers or directors acting on behalf of the Contractor, engage in any form of
political activity in relation to local governmental affairs. This provision shall not
Page 4
City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
preclude Contractor from supporting or opposing legislation affecting Contractor's
operations or directly affecting Contractor's members, but the Contractor, either as
an organization, or by activities of its officers and directors acting on behalf of the
organization, shall not actively support, endorse or oppose a candidate for local
(city, county, school district or other local unit of government) office, or any local
elected official, nor shall any of Contractor's publications, pamphlets, brochures or
promotional newsletters play any such role in local political matters. Nothing herein
shall prevent an officer or Board Member from seeking elective office in his or her
own right, but no endorsement of any such candidacy by the Contractor shall be
permitted. Contractor further agrees not to participate in, or otherwise intervene in
(including the publication or distribution of statements concerning), any political
campaign on behalf of, or in opposition to, any local elected official or candidate for
public office. Nothing herein shall preclude any individual officer, director or
member of the Contractor from taking part personally in any political campaign, so
long as such person's participation is solely as any individual and not as a
representative or agent of the Contractor.
13. COOPERATION WITH CITY OFFICIALS: The Contractor agrees that it will
cooperate and work closely with all officials of the City, including the City Manager,
in its performance of this Agreement.
14. CONTACT PERSONS: All contacts concerning the implementation or interpretation
of this Agreement shall be made between the City Manager on behalf of City and
the Executive Director of Contractor.
15. NOTICES: Whenever it shall be necessary for either party to serve any notice on
the other party respecting this Agreement, such notice shall be served by certified
mail addressed as specified below, unless and until a different address is specified
by either party. Such notice shall be deemed to have been served within
seventy-two(72)hours afterthe same has been deposited in the United States Post
Office with postage fully prepaid thereon. This shall be valid and sufficient service
of notice for all purposes.
16. OFFICERS AND DIRECTORS: Contractor shall provide to City a current listing of
its officers and directors, and shall, within thirty (30) days after any change in such
listing provide a new up-to-date listing of all officers and directors.
17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between
the parties. Any prior representations, promises, or agreements, written or oral, by
whomsoever made, are superseded by the terms and conditions set forth herein.
Page 5
L
City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
Any purported term or condition not specified herein shall be deemed of no force
or effect. The application for funding submitted by Contractor to City and Schedule
A annexed hereto are part of this Agreement.
% ATTORNEYS' FEES: In the event that any party to this Agreement shall bring an
action to enforce the provisions of this Agreement or as a result of any default in the
performance of any of the provisions of this Agreement, the prevailing party in such
action shall be entitled to recover all costs and expenses, including reasonable
attorneys' fees, incurred by such party in connection with such action.
19. GOVERNING LAW: This Agreement shall be construed and governed by the laws
of the State of California.
Page 6
i V
City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
TO THE CITY: TO THE CONTRACTOR:
Sheila Gilligan, City Clerk City of Palm Springs
CITY OF PALM DESERT William G. Kleindienst, Mayor
73-510 Fred Waring Drive 3200 Tahquitz Canyon Way
Palm Desert, CA 92260 Palm Springs, CA 92262
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
respective authorized officers, effective as of the July 1, 2002.
CONTRACTOR: CITY OF PALM DESERT
a Municipal Corporation
qit,y of Palm Springs
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N,ayor -/" Mayor
I m l7• K h.In d i enet RICHARD S. KELLY
Print Name Print Name
ATTEST:
(]Rj"
City Clerk City Clerk
RACHELLE D. KLASSEN
Print Name
APPROVED AS APPROVED:
City Attorney City Manager
DAVID J. ERWTN CARLOS L. ORTEGA
Print Name Print Name
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert�,�� 11 Page 7
City of Palm Springs
Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
State of California
County of IU�1�1r�2
On S=LJM ot- before me, �L.t.r" ie, Hovnem, IVai r(( �ZEK_JIL
Date Name and Title of Officer(Eg."Notary Public")
Personally appeared W I �I tl�!M G I<Ie t V1CQ 1 erns+
Name(s)of Signer(s)
personally known to me, be the
person whose name(fis/aaresubscribed to the within instrument and acknowledged to
me that he/shefth-ey executed the same in his/-lief/their authorized capacity(4es-r and that
by his/herfthglr signature ks) on the instrument the person(sVor the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
mmimia CARRIE ROVNEY
Commission S VNMI 7 z
Notary Public-California
Signature of Notary blic j Riverside County
a My Comm.Beres Mar26,2X16
Place Notary Seal Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
Ni Vetsiae.
County of
On Date D.Qcrt:,� before me, Lt�AeAmmdfl mi�r
lic.101ke,(ol to Doe,Notary Public)
personally appeared
Names)of Signer(c)
91
personally known to me I
rl I
evidences is7j
CARRIE RoVNEY to be the person(sj• whose named is/are
COMmissiOn 8 13411457 subscribed to the within instrument and 611
Notary Public-Calftmia f acknowledged to me that he/shel*rej executed �)j
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Rjvarside Counry the same in -his/her/their authorized
C MY COMM.EXPireS iMar26, capacity6e&), and that by -Hie/her/their?1prsjgnature(s�on the instrument the persor4s), or
its the entity upon behalf of which the person(* �o�i
<j acted, executed the instrument. il
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WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
;f) Ji
Title or Type of Document:
tin
lL Document Date: Number of Pages:
Signer(s) Other Than Named Above:
16 it
, Capacity(ies) Claimed by Signer
Signer's Name:
El Individual Top of thumb here
El Corporate Officer—Title(s):
L1 Partner—11 Limited [I General
If' El Attorney-in-Fact
j6- El Trustee 91
11 Guardian or Conservator
if; 0 Other: I'A
Signer Is Representing: al
01999 National Nob,Associalion-9350 De Solo Ave,PO box 2402-Chatsworth CA91313-2402•crvoomblionanolarf Ped No.5907 Reorder Coll Toll-Fro.1-500 576 6827
SCHEDULE A
SERVICES TO BE PROVIDED BY CONTRACTOR
(Attached and incorporated with Agreement)
All services specified in Contractor's application for funding for Fiscal Year 2002-
2003, dated July 1, 2002, including, but not limited to, those services specified below on
this Schedule, or as described on any attached sheets made a part of Schedule A:
The $10 000 sum herein provided by the City of Palm Desert to the City of Palm Springs
shall be used toward the purchase of two double-macchia sets of glass scu p ure y
naiP C:hihidy The sculptures will be placed on pedestals around the fountain in the
SFnnj4Bonn Concourse of the Palm Smogs International Airport
The proposed services described herein 'set forth the services described in the
Application,which is the basic document upon which this Agreement is founded, and which
Application is incorporated herein by reference as Exhibit A, and attached hereto.
SUMS TO BE PROVIDED BY CITY TO CONTRACTOR
In consideration for services rendered, City agrees to provide the sum of$10,000
to Contractor for Fiscal Year 2002-2003.
SCHEDULE B
REPORT OF SERVICES RENDERED
AND TO BE RENDERED
(DUE JANUARY 31, 2003)
CONTRACTORS, by its duly authorized official, hereby submits to the CITY OF
PALM DESERT its report on services rendered and to be rendered by Contractor,
including how the funds were expended and the number of Palm Desert residents that
were benefitted, pursuant to that certain "Agreement by Non-Profit Organization to provide
services to the CITY OF PALM DESERT' effective July 1, 2002.
CONTRACTOR certifies that it has maintained its office during the hours contracted
for, and has continuously provided all services contracted for, and assures the City it will
conduct all programs contracted for, as specified below on this Schedule, or as described
on any attached sheets made a part of Schedule B:
Included in the services provided, Contractor has, during the period covered by this
Report, performed the following approximate services during the period July 1, 2002 to
December 31, 2002.
This report, herein by reference as Schedule B, shall after being completed be
returned to the City of Palm Desert, no later than January 31, 2003,
The undersigned, the duly authorized official of the Contractor, certifies that the
information provided herein is true and correct.
Name of Organization (Contractor)
Dated: By:
Signature of Authorized Official
SCHEDULE C
REPORT OF SERVICES RENDERED
AND TO BE RENDERED
(DUE APRIL 1, 2003)
CONTRACTOR, by its duly authorized official, hereby submits to the CITY OF
PALM DESERT its report on services rendered and to be rendered by Contractor,
including how the subject funds were expended and the number of Palm Desert residents
that were benefitted, pursuant to that certain "Agreement by Non-Profit Organization to
Provide Services to the CITY OF PALM DESERT" effective July 1, 2002.
CONTRACTOR certifies that it has maintained its office during the hours contracted
for, and has continuously provided all services contracted for, and assures the City it will
conduct all programs contracted for.
Included in the services provided, Contractor has, during the period covered by this
Report, performed the following approximate services during the period July 1, 2002 to
,tune 30, 2003.
This report, herein by reference as Schedule C, shall after being completed be
returned to the City of Palm Desert, no later than April 1, 2002,along with yourrequest
for funding for Fiscal Year 2003-2004. 5'-T
The undersigned, the duly authorized official of the Contractor, certifies that the
information provides herein is true and correct.
Name of Organization (Contractor)
Dated: By:
Signature of Authorized Official
RECEIPT OF FUNDS
Pursuant to that certain "Agreement by Non-Profit Organization to Provide Services to the
City of Palm Desert," dated -sv� 9, :'tea ,- the undersigned, a duly authorized
official of Contractor, does hereby confirm and acknowledge that on the 5 'l day of
4'7Lr`id5%; 2002, the undersigned personally received on behalf of Contractor, the CITY
OF PALM DESERT check, Number loctoyl in the amount of $dy,caL. made
payable to 0 aji i ev P/iL, ape ,v = (Contractor).
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DATED: CONTRACTOR:
ccP /�% e"IL J L?d �<
(Name ,f Contractor)
(Signaturc of authorized official)
701P?/�s li2• kW111WKW
(Name of signing authorized official)
t:
REQUEST FOR TREA51112ER
TO: Finance Dcpartmcnt, Caehier DATE: September 5, 2002
FROM: Community and Economic Dcvclopmcnt
Public Art
PLEASE ACCEPT: $10,000.00
Ck No.104088 - 8/23/02
Donation from City of Palm Deocrt
FOR: Donation for Chihuly 5culpturce
A +
CREDIT ACCOUNT NO.: 150 -37119 BY ORDER OF: Paula J. 5wcat
THE TREASURER OF THE '' ` '''r=�-�'3 ,�� r-. 104088
W A R N N G UNION BANK OF CALIFORNIA
73-785 EL PASEO
VERIFY THE SECURITY FEATURES ON THIS PALM DESERT,CA 92260
I lS _ WATERMARK
THEY INCLUDE AN ARi1LD AT
WATERMARK ON THE F. HT i BACK.HOLD AT iNW1220
73-510 FAED WAPoNO DRIVE•PALM DESERT,CA 92261•(/60)71F0611 AN ANGLE TO VIEW, HOLOGWHICLEE FOIL,
�I N ICROPRINT UMBER UMBERING
SIGNATURE LINE AND BLEED-THRU
WILL PAY TO THE ORDER OF: DATE CHECK NO.
08-23-2002 104088 E** **
TEN THOUSAND AND 00/100 DOLLARS
L
OF PALM SPRINGSE. TAH��`UITZ CANYON NAYSPRINGS CA 92262 9 'Cc. ' ;u ; a
i
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u• LOti08811' �: L 2 20004R6�: 2170000�.66+�' ,
WARNING-VERIFY THIS NO,BLEEDS THRU A PINK COLOR TO THE BACK OF THIS CHECK