2019 DRD - Indemnity & Hold Harmless - Ace & Chase performancesta Q�W
-- GEM ojrbe DESERT —
MEMORANDUM
TO: Jon McMillen, City Manager
FROM: Chris Escobedo, Community Resources Director
Christina Calderon, Community Resources Manager
DATE: September 3, 2019
RE: Indemnity and Hold Harmless Agreement with Desert Recreation
District (DRD)
Attached for your signature is the agreement authorizing DRD the use of the City's
stage for the Chase the Ace community event on October 12, 2019.
Please sign the attached agreement(s) and return to the City Clerk for processing
and distribution.
Requesting department shall check and attach the items below as
appropriate:
N/A Contract payments will be charged to account number:
N/A Amount of Agreement, Amendment, Change Order, etc.: $
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is
attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this
Consultant does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
N/A Approved by the City Council on
N/A City Manager's signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $ and authorized by
Director
N/A Initial to certify that 3 written informal bids or proposals were received and considered in
selection
The following required documents are attached to the agreement:
_X_ qn �,�ce rti icates as required by the agreement (approved by Risk Manager on
date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS INDEMNITY AGREEMENT AND HOLD HARMLESS ("Agreement") is hereby
entered into by the City of La Quinta ('City") and Desert Recreation District
("District") as of the day of September 2019.
RECITALS
A. District has proposed to use the City's stage at the La Quinta Community
Park to provide a temporary designated space for Chase the Ace performances
on Saturday, October 12, 2019 from the hours of 9:00 am and 5:30 pm
("Intended Use").
B. The City wishes to grant permission to District, and its employees, agents
and subcontractors, to use the City's stage for Chase the Ace community event,
and for no other purposes. The City will be responsible for stage delivery, setup,
teardown and pickup. City yard staff will install the stage onto the baseball
diamond with the front facing the outfield (Attachment 1).
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties
agree as follows:
Section 1
The foregoing Recitals are true and correct and are hereby incorporated herein
by this reference and are expressly made a part of this Agreement.
Section 2
2.1 District shall defend (with counsel selected by the City), indemnify, and
hold harmless the City and its officers, employees, and agents (collectively,
"Indemnified Parties") from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and
fees of expert consultants or expert witnesses) incurred in connection
therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by District or by any individual or entity for
which District is legally liable, including but not limited to officers, agents,
employees, or subcontractors of District, excepting only those claims, actions,
obligations, losses, liabilities, judgments, or damages arising out of the sole
negligence, active negligence, or willful misconduct of the Indemnified Parties.
Revised October 2017
2.2 In the event the Indemnified Parties are made a party to any action,
lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct
on the part of District, District shall provide a defense (with counsel selected
by the City) to the Indemnified Parties, or at the City's option, reimburse the
Indemnified Parties on an ongoing monthly basis their costs of defense,
including reasonable attorneys' fees, incurred in defense of such claims.
2.3 In addition, District shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Indemnified Parties.
Section 3
3.1 Prior to the execution and throughout the duration of this Agreement,
District shall maintain insurance in conformance with the requirements set
forth below. District may use existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set
forth here, District shall have it amended to do so. District acknowledges that
the insurance coverage and policy limits set forth in this Section 3.1 constitute
the minimum amount of coverage required. Any insurance proceeds in excess
of the limits and coverage required in this Agreement and which is applicable
to a given loss, will be available to City in the event of a loss covered by this
Agreement.
District shall provide the following types and amounts of insurance:
A. Commercial General Liability Insurance using Insurance
Services Office 'Commercial General Liability" policy form CG 00 01,
with an edition date prior to 2004, or the exact equivalent. Coverage
for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less
than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate. Must include the following
endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
B. Workers' Compensation on a state -approved policy form
providing statutory benefits as required by law with employer's liability
limits no less than $1,000,000 per accident for all covered losses. Must
include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if
applicable
C. Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Revised October 2017
2
3.2 District agrees to provide evidence of the insurance required herein,
satisfactory to City, consisting of: (a) certificate(s) of insurance evidencing
all of the coverages required and, (b) an additional insured endorsement to
District's Commercial General Liability policy using ISO Form CG 20 10 with
an edition date prior to 1988, which form shall include coverage for completed
operations. The additional insured endorsement shall expressly name City,
and its officers and employees as additional insureds on the policy(ies) as to
Commercial General Liability coverages, and completed operations coverages,
with respect to liabilities arising out of District's performance of the Services
under this Agreement. ,
3.3 Proof of compliance with these insurance requirements, consisting of
endorsements and certificates of insurance, shall be delivered to City prior to
District commencing performance of any of the Intended Use described in this
Agreement.
3.4 Copies of this Agreement and any other forms of communication
between the parties shall be directed to the addresses set forth below:
To City: To District:
CITY OF LA QUINTA
Attention: Christina Calderon
Community Resources Manager
78495 Calle Tampico
La Quinta, California 92253
Email: ccalderon@laquintaca.gov
DESERT RECREATION DISTRICT
Attn: Kevin Kalman
General Manager
45305 Oasis Street
Indio, CA 92201
Email:
[SIGNATURES ON FOLLOWING PAGE]
Revised October 2017
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below,
CITY OF LA QUINTA,
a California Municipal Corporation and
Charter City ("City")
J.ON MCMILLAN,
City Manager
ATTEST:
-44�
MONIKA RADEVA, City derk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Reviscd Octobci 2017
DESERT RECREATION DISTRICT,
a California Special District
("District")
K IN KALMAN
Ge eral Manag�r
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