Results by gender, age group, ethnicity, and party
preference
Question 28: Adding adequate isolation and recovery areas will allow the shelter to properly care for sick, injured, or aggressive animals while keeping other animals—and staff— safe. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 116
58.3%
65.4%
63.8%
66.1%
72.7%
59.7%
54.3%
50.9%
64.6%
50.0%
72.7%
71.4%
70.5%
52.4%
64.1%
21.5%
13.5%
14.9%
21.4%
6.8%
22.2%
17.3%
30.9%
16.9%
5.6%
9.1%
13.3%
24.3%
14.1%
6.3%
12.2%
6.4%
7.1%
9.1%
5.6%
16.0%
9.1%
8.2%
16.7%
9.1%
14.3%
10.5%
8.7%
10.9%
13.9%
9.0%
14.9%
5.4%
11.4%
12.5%
12.3%
9.1%
10.3%
27.8%
9.1%
14.3%
5.7%
14.6%
10.9%
Male
Female
18-29
30-39
40-49
50-64
65+
Latino/Hispanic
White/Caucasian
Black/African American
Asian/Pacific Islander
Other
Democratic
Republican
No Party Preference
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
Results by initial vote, vote propensity, and years
of residence
Question 28: Adding adequate isolation and recovery areas will allow the shelter to properly care for sick, injured, or aggressive animals while keeping other animals—and staff— safe. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 117
81.2%
32.6%
50.0%
59.1%
66.7%
67.6%
55.8%
76.7%
52.9%
54.5%
77.8%
70.8%
56.7%
68.8%
58.9%
10.3%
30.3%
17.4%
18.2%
13.9%
17.6%
18.6%
11.6%
23.5%
18.2%
5.6%
4.2%
16.7%
28.1%
19.0%
4.8%
10.1%
23.9%
9.1%
13.9%
14.0%
2.3%
14.7%
13.6%
8.3%
10.0%
3.1%
11.7%
3.6%
27.0%
8.7%
13.6%
5.6%
14.7%
11.6%
9.3%
8.8%
13.6%
16.7%
16.7%
16.7%
10.4%
Initial vote yes
Initial vote no
Initial vote unsure
5 out of 5
4 out of 5
3 out of 5
2 out of 5
1 out of 5
New perfect voter
New registrant
0-2 years
3-5 years
6-10 years
11-19 years
20+ years
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
Results by survey mode and survey language
Question 28: Adding adequate isolation and recovery areas will allow the shelter to properly care for sick, injured, or aggressive animals while keeping other animals—and staff— safe. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 118
60.7%
55.2%
62.5%
62.8%
60.2%
67.1%
62.8%
46.7%
17.9%
20.7%
17.0%
16.9%
17.7%
15.7%
16.5%
33.3%
8.5%
13.8%
6.8%
9.8%
10.6%
8.6%
9.1%
13.3%
12.8%
10.3%
13.6%
10.4%
11.5%
8.6%
11.6%
6.7%
Phone [NET]
Landline
Mobile
Online [NET]
Text
Email
English
Spanish
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
63% are more likely to vote yes after hearing that that replacing aging building features will reduce workplace hazards and create a safer environment
Question 29: Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 119
63.3%
14.0%
14.0%
8.7%
More likely to vote yes
Makes no difference to me
More likely to vote no
Unsure
Among those who initially voted “no”
Among those who initially voted “unsure”
28.1%
29.2%
33.7%
9.0% More likely to vote yes
Makes no difference to
me
More likely to vote no
Unsure
54.3%
19.6%
6.5%
19.6% More likely to vote yes
Makes no difference to
me
More likely to vote no
Unsure
Among those who say more likely to vote yes, 61%
said definitely
Question 29: Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 120
14.0% 63.3%
14.0%
8.7%
Total
Definitely
60.5%
Somewhat
39.5%
Among those who said more likely to
vote yes
Definitely
61.9%
Somewhat
38.1%
Among those who said more likely to
vote no
Results by gender, age group, ethnicity, and party
preference
Question 29: Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 121
61.1%
65.4%
63.8%
73.2%
72.7%
56.9%
56.8%
58.2%
64.6%
55.6%
72.7%
66.7%
73.3%
52.4%
64.1%
16.7%
11.5%
10.6%
16.1%
4.5%
18.1%
16.0%
20.0%
13.8%
5.6%
18.2%
4.8%
10.5%
18.4%
15.6%
5.6%
11.5%
8.5%
5.4%
11.4%
8.3%
9.9%
10.9%
7.2%
5.6%
23.8%
5.7%
11.7%
9.4%
16.7%
11.5%
17.0%
5.4%
11.4%
16.7%
17.3%
10.9%
14.4%
33.3%
9.1%
4.8%
10.5%
17.5%
10.9%
Male
Female
18-29
30-39
40-49
50-64
65+
Latino/Hispanic
White/Caucasian
Black/African American
Asian/Pacific Islander
Other
Democratic
Republican
No Party Preference
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
Results by initial vote, vote propensity, and years
of residence
Question 29: Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 122
84.8%
28.1%
54.3%
62.5%
61.1%
64.7%
58.1%
74.4%
64.7%
54.5%
72.2%
66.7%
65.0%
68.8%
60.7%
4.2%
29.2%
19.6%
10.2%
16.7%
14.7%
20.9%
7.0%
14.7%
22.7%
5.6%
8.3%
11.7%
25.0%
14.7%
5.5%
9.0%
19.6%
9.1%
13.9%
5.9%
11.6%
7.0%
8.8%
8.3%
5.0%
6.3%
10.4%
5.5%
33.7%
6.5%
18.2%
8.3%
14.7%
9.3%
11.6%
11.8%
22.7%
22.2%
16.7%
18.3%
14.1%
Initial vote yes
Initial vote no
Initial vote unsure
5 out of 5
4 out of 5
3 out of 5
2 out of 5
1 out of 5
New perfect voter
New registrant
0-2 years
3-5 years
6-10 years
11-19 years
20+ years
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
Results by survey mode and survey language
Question 29: Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. Does knowing this make you more likely to vote yes or more likely to vote no on the proposed sales tax increase? 123
66.7%
62.1%
68.2%
61.2%
60.2%
62.9%
63.2%
66.7%
12.8%
10.3%
13.6%
14.8%
13.3%
17.1%
14.0%
13.3%
9.4%
20.7%
5.7%
8.2%
8.8%
7.1%
8.4%
13.3%
11.1%
6.9%
12.5%
15.8%
17.7%
12.9%
14.4%
6.7%
Phone [NET]
Landline
Mobile
Online [NET]
Text
Email
English
Spanish
More likely to vote yes
Makes no difference to me
Unsure
More likely to vote no
124
Message Effectiveness
Positive messages Percent More Likely
to Vote Yes
Visitors and tourists would pay a large percentage of the proposed sales taxes generated in Twentynine Palms.
This means non-residents help pay for our streets, police, and other services. 64% This measure is designed to protect local families by exempting groceries and prescription medications, ensuring the tax does not apply to essentials. Residents can support needed improvements to city services without increasing the cost of basic necessities, keeping the impact low while delivering important benefits for the community.
62%
Twentynine Palms is one of the few communities in the region without a local sales tax, even though residents already pay a local sales tax when they shop in nearby Yucca Valley. Passing this measure keeps revenue local—so instead of funding other cities, the dollars you already spend would stay in Twentynine Palms to maintain roads, support public safety, and improve local services. 61%
This measure will require independent citizens oversight, independent financial audits, and yearly reports to the community to ensure the funds are spent as promised. 60% This measure will, among other things, fund necessary public safety services, like police, to help protect our community. 50%
125
Message Effectiveness
Negative messages Percent More Likely
to Vote No
Sales taxes are believed to be regressive because they hurt low-income families and seniors on fixed incomes the most. 49%
With rising cost of living, this can be a challenging time to raise taxes on residents. 47% Raising the sales tax could drive businesses and jobs to other nearby communities (like Banning, Beaumont, or Needles) with lower taxes which could hurt the Twentynine Palms economy. 45%
126
Message Effectiveness
Animal Shelter messages Percent More Likely
to Vote Yes
A modern shelter would include proper sanitation and upgraded infrastructure, helping prevent the spread of disease and creating healthier conditions for the animals in our care. 64% Replacing aging and deteriorating building features with safe, durable construction will reduce workplace hazards and create a safer environment for our animals, staff, volunteers, and visitors. 63% Upgrading the animal shelter will ensure that animals, staff, and visitors have a safe and efficient environment that meets today’s health and safety standards, giving our community a needed facility which meets basic shelter standards.
62%
Adding adequate isolation and recovery areas will allow the shelter to properly care for sick, injured, or aggressive animals while keeping other animals—and staff—safe. 62% Improved ventilation, heating, and cooling systems in a new facility will keep animals comfortable year-round and support their overall health and wellbeing. 62%
Informed vote: 56% will still vote yes on the 1%
sales tax
Question 30: Knowing what you know now, how would you vote on the following measure? Shall the measure funding the City of Twentynine Palms services such as maintaining 911 response times, police officers and patrols, emergency response, maintenance of streets, parks and trails, replace the animal shelter, and support general city services; raising the sales tax by 1% be adopted, providing approximately $2,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted? 127
55.0%
29.7%
15.3%
56.3%
29.3%
14.3%
Vote yes Vote no Unsure
initial Informed initial Informed initial Informed
Among those who say vote yes, 51% said definitely
vote yes
128
29.3% 56.3%
14.3%
Definitely Total
50.9%
Probably
49.1%
Among those who said vote yes
Definitely
59.1%
Probably
40.9%
Among those who said vote no
Question 30: Knowing what you know now, how would you vote on the following measure? Shall the measure funding the City of Twentynine Palms services such as maintaining 911 response times, police officers and patrols, emergency response, maintenance of streets, parks and trails, replace the animal shelter, and support general city services; raising the sales tax by 1% be adopted, providing approximately $2,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted?
Results by gender, age group, ethnicity, and party
preference
129
54.9%
57.7%
59.6%
66.1%
59.1%
51.4%
50.6%
56.4%
55.4%
50.0%
54.5%
71.4%
58.1%
51.5%
60.9%
11.8%
16.7%
6.4%
7.1%
25.0%
15.3%
17.3%
16.4%
13.3%
16.7%
18.2%
14.3%
16.2%
13.6%
15.6%
33.3%
25.6%
34.0%
26.8%
15.9%
33.3%
32.1%
27.3%
31.3%
33.3%
27.3%
14.3%
25.7%
35.0%
23.4%
Male
Female
18-29
30-39
40-49
50-64
65+
Latino/Hispanic
White/Caucasian
Black/African American
Asian/Pacific Islander
Other
Democratic
Republican
No Party Preference
Vote yes
Unsure
Vote no
Question 30: Knowing what you know now, how would you vote on the following measure? Shall the measure funding the City of Twentynine Palms services such as maintaining 911 response times, police officers and patrols, emergency response, maintenance of streets, parks and trails, replace the animal shelter, and support general city services; raising the sales tax by 1% be adopted, providing approximately $2,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted?
Results by initial vote, vote propensity, and years
of residence
130
89.7%
6.7%
32.6%
52.3%
61.1%
67.6%
48.8%
65.1%
61.8%
36.4%
55.6%
54.2%
58.3%
65.6%
55.2%
7.3%
15.7%
37.0%
15.9%
13.9%
5.9%
23.3%
16.3%
8.8%
9.1%
5.6%
16.7%
15.0%
9.4%
14.1%
3.0%
77.5%
30.4%
31.8%
25.0%
26.5%
27.9%
18.6%
29.4%
54.5%
38.9%
29.2%
26.7%
25.0%
30.7%
Initial vote yes
Initial vote no
Initial vote unsure
5 out of 5
4 out of 5
3 out of 5
2 out of 5
1 out of 5
New perfect voter
New registrant
0-2 years
3-5 years
6-10 years
11-19 years
20+ years
Vote yes
Unsure
Vote no
Question 30: Knowing what you know now, how would you vote on the following measure? Shall the measure funding the City of Twentynine Palms services such as maintaining 911 response times, police officers and patrols, emergency response, maintenance of streets, parks and trails, replace the animal shelter, and support general city services; raising the sales tax by 1% be adopted, providing approximately $2,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted?
Results by survey mode and survey language
131
61.5%
55.2%
63.6%
53.0%
53.1%
52.9%
55.4%
73.3%
11.1%
13.8%
10.2%
16.4%
13.3%
21.4%
14.0%
20.0%
27.4%
31.0%
26.1%
30.6%
33.6%
25.7%
30.5%
6.7%
Phone [NET]
Landline
Mobile
Online [NET]
Text
Email
English
Spanish
Vote yes
Unsure
Vote no
Question 30: Knowing what you know now, how would you vote on the following measure? Shall the measure funding the City of Twentynine Palms services such as maintaining 911 response times, police officers and patrols, emergency response, maintenance of streets, parks and trails, replace the animal shelter, and support general city services; raising the sales tax by 1% be adopted, providing approximately $2,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted?
53% agree with Gomez in paying a little bit more in sales tax to keep their community safe and improve quality of life Question 31: Here are statements made by two Twentynine Palms residents. Please indicate which statement you agree with more.
Gomez says, “I want Twentynine Palms to invest in our community’s future and I am OK with paying a little bit more in sales tax to keep our community safe and improve our quality of life.”
Duran says, “I already pay enough taxes and don’t receive much out of it—the city should spend the money it already gets more responsibly. Fix whatever needs fixing without trying to impose new taxes on residents.”
132
53.0%
36.0%
11.0%
Agree with Gomez Agree with Duran Unsure
Results by gender, age group, ethnicity, and party
preference
133
52.1%
53.8%
51.1%
64.3%
47.7%
51.4%
50.6%
50.9%
53.8%
61.1%
54.5%
42.9%
57.1%
47.6%
56.3%
9.7%
12.2%
6.4%
10.7%
15.9%
9.7%
12.3%
9.1%
12.3%
5.6%
9.1%
9.5%
15.2%
4.9%
10.9%
38.2%
34.0%
42.6%
25.0%
36.4%
38.9%
37.0%
40.0%
33.8%
33.3%
36.4%
47.6%
27.6%
47.6%
32.8%
Male
Female
18-29
30-39
40-49
50-64
65+
Latino/Hispanic
White/Caucasian
Black/African American
Asian/Pacific Islander
Other
Democratic
Republican
No Party Preference
Agree with Gomez
Unsure
Agree with Duran
Question 31: Here are statements made by two Twentynine Palms residents. Please indicate which statement you agree with more.
Gomez says, “I want Twentynine Palms to invest in our community’s future and I am OK with paying a little bit more in sales tax to keep our community safe and improve our quality of life.”
Duran says, “I already pay enough taxes and don’t receive much out of it—the city should spend the money it already gets more responsibly. Fix whatever needs fixing without trying to impose new taxes on residents.”
Results by initial vote, vote propensity, and years
of residence
134
86.7%
9.0%
17.4%
50.0%
52.8%
61.8%
44.2%
62.8%
64.7%
31.8%
61.1%
58.3%
56.7%
50.0%
51.5%
4.2%
13.5%
30.4%
11.4%
13.9%
8.8%
11.6%
11.6%
8.8%
9.1%
11.1%
4.2%
6.7%
16.0%
9.1%
77.5%
52.2%
38.6%
33.3%
29.4%
44.2%
25.6%
26.5%
59.1%
27.8%
37.5%
36.7%
50.0%
32.5%
Initial vote yes
Initial vote no
Initial vote unsure
5 out of 5
4 out of 5
3 out of 5
2 out of 5
1 out of 5
New perfect voter
New registrant
0-2 years
3-5 years
6-10 years
11-19 years
20+ years
Agree with Gomez
Unsure
Agree with Duran
Question 31: Here are statements made by two Twentynine Palms residents. Please indicate which statement you agree with more.
Gomez says, “I want Twentynine Palms to invest in our community’s future and I am OK with paying a little bit more in sales tax to keep our community safe and improve our quality of life.”
Duran says, “I already pay enough taxes and don’t receive much out of it—the city should spend the money it already gets more responsibly. Fix whatever needs fixing without trying to impose new taxes on residents.”
Results by survey mode and survey language
135
57.3%
51.7%
59.1%
50.3%
52.2%
47.1%
51.2%
86.7%
9.4%
3.4%
11.4%
12.0%
12.4%
11.4%
11.6%
33.3%
44.8%
29.5%
37.7%
35.4%
41.4%
37.2%
13.3%
Phone [NET]
Landline
Mobile
Online [NET]
Text
Email
English
Spanish
Agree with Gomez
Unsure
Agree with Duran
Question 31: Here are statements made by two Twentynine Palms residents. Please indicate which statement you agree with more.
Gomez says, “I want Twentynine Palms to invest in our community’s future and I am OK with paying a little bit more in sales tax to keep our community safe and improve our quality of life.”
Duran says, “I already pay enough taxes and don’t receive much out of it—the city should spend the money it already gets more responsibly. Fix whatever needs fixing without trying to impose new taxes on residents.”
Demographics
136
137
Gender Age Group Ethnicity Party Preference
Respondent demographics by gender, age group, ethnicity, party preference, survey language, survey mode, vote propensity, and years of residency
48.0%
52.0%
Male
Female
15.7%
18.7%
14.7%
24.0%
27.0%
18-29
30-39
40-49
50-64
65+
35.0%
34.3%
21.3%
9.3%
Democratic
Republican
No Party Preference
Other
18.3%
65.0%
6.0%
3.7%
5.0%
2.0%
Latino/Hispanic
White/Caucasian
Black/African American
Asian/Pacific Islander
Other
Prefer not to answer
Survey Language Survey Mode Vote Propensity Years of Residency
39.0%
9.7%
29.3%
61.0%
37.7%
23.3%
Phone [NET]
Landline
Mobile
Online [NET]
Email
Text
6.0%
8.0%
20.0%
10.7%
54.3%
0-2 years
3-5 years
6-10 years
11-19 years
20+ year
29.3%
12.0%
11.3%
14.3%
14.3%
11.3%
7.3%
5 out of 5
4 out of 5
3 out of 5
2 out of 5
1 out of 5
New Perfect Voter
New Registrant
95.0%
5.0%
English
Spanish
Questions?
Adam Probolsky, President
O: 949-855-6400 | M: 949-697-6726
E: [email protected]
Opinion Research on
Elections and Public Policy
PROBOLSKY RESEARCH
23 Corporate Plaza Suite 150 Newport Beach CA 92660
Newport Beach
(949) 855-6400
San Francisco
(415) 870-8150
Washington DC
(202) 559-0270
Joshua Emeneger, Principal Researcher
E: [email protected]
Clifford Moss LLC. 5111 Telegraph Avenue, No. 307, Oakland, CA. 94609. www.cliffordmoss.com January 21, 2026
Mr. Stone James, DPPD
City Manager Via email: [email protected]
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
RE: Agreement for Professional Services – Phase 2
Dear Stone:
This letter confirms our agreement for professional services (“Agreement”) and takes effect on the Commencement date provided below by and between CliffordMoss (“Provider”) and City of Twentynine Palms (“Client”).
1. Scope of Agreement.
Provider will, with consultation from Client and for the direct benefit of Client, provide strategic assessment, communications, and planning services relating to determining electoral feasibility for and preparing for a November 2026 revenue measure. Provider’s scope of work in this process will include:
Phase 2: Final Ballot Measure Preparation & Communications Services § Meet with Client and set a realistic project schedule. § Continue community/political analyses relating to City’s Nov 2026 electoral goal(s). § Recommend a strategy, timeline and program budget to help City engage, inform, gather and LISTEN to input from residents and stakeholders on City needs and the proposed plan to meet those needs (Nov 2026 ballot measure). § Guide City in implementing above public engagement and listening strategy; serve as a City thought partner as City engages its community.
§ Based on polling/research results, provide input into City’s expenditure plan for use of proposed revenue measure funds to help ensure community alignment. § Coordinate with the City’s chosen pollster, to conduct and additional research approved by Client, including a tracking poll of Client’s 2026 likely voters. § Collaborate with City and its consultants to finalize City’s chosen ballot measure. § Prepare City for information-only communications environment once City’s measure has qualified for and is on the ballot (e.g. factual, information-only web content, fact sheets, FAQs, etc.).
2 § Provide ongoing project-related strategic communications counsel and work products as needed within City’s established program budget.
§ Attend and/or participate in City project-related meetings and Zoom/conference calls as needed.
Provider’s services do not include legal or financial advice of any kind.
Commencement Date: February 1, 2026
Expiration Date: August 31, 2026
CliffordMoss Compensation: $58,800 – FLAT Fee*
Professional Services Fee plus approved business expenses *Program costs are separate.
2. Compensation Payment Schedule.
Provider’s Fee of $58,800 (Fifty Eight Thousand and Eight Hundred Dollars) will be due in seven equal payments of $8,400 each, due on February 1, March 1, April 1, May 1, June 1, July 1, and August 1, 2026 respectively. Provider’s Fee is not included in the program budget. All program budget costs are separate and will be invoiced separately as approved by client.
3. Provider’s Expenses.
Client shall separately reimburse Provider for Provider’s reasonable and necessary expenses (the “Expenses”) including, without limitation, travel (airfare, car rental, gas and other related transportation expenses), lodging, meals, teleconferencing, and/or cellular telephone charges; photocopying and faxes; express mail, messenger or delivery service incurred in performing the Services hereunder. Provider shall be reimbursed by Client within thirty (30) days following presentation of Provider’s invoice or statement.
4. Vendor Costs and Payments.
Subject to prior approval of Client, Provider is authorized to enter into third party contracts on behalf of Client for Client's public information efforts. Payment of vendor for all good, services, and costs shall be Client's sole responsibility, and shall be in addition to the Compensation or any other fees for the Services. Such third party contracts include, without limitation, contracts for printing, paid field and phone calling, graphic artwork, demographic data and voter data, opinion research (polling services), mailing services, and postage.
5. Client’s Obligations.
At all times while Provider is providing the Services described above or otherwise assisting Client, Client shall promptly provide Provider with access to the facilities, personnel and other resources necessary for Provider to provide the Services.
3 6. LIMITED WARRANTY; LIMITATION ON LIABILITY.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S LIABILITY
SHALL BE LIMITED TO THE AMOUNT PAYABLE BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT FOR DELIVERABLES PROVIDED PRIOR TO THE CLAIMS.
7. Indemnification.
Each party agrees to indemnify, defend and save harmless from all loss, liability, damage, claim, cost or expense (including reasonable attorney fees or court costs) to the extent caused by the actual or alleged infringement of any patent, copyright, trade secret, or other proprietary right arising from or related to any material it furnished to such other party pursuant to this Agreement. Each party agrees to indemnify, defend, and save harmless the other party from all loss, liability, damage, claim, cost or expense (including reasonable attorney fees or court costs) arising from or relating to any personal injury, death, damage to property, or economic loss to the extent caused by the Indemnifying Party’s sole negligent act or omission, intentional misconduct, or other breach of duty. In the event both Provider and Client are at fault, indemnification shall be proportionate to their respective shares of fault. In the event neither party is at fault, each party shall bear responsibility for its own losses, expenses and liabilities.
8. Term; Termination.
(a) The term of this Agreement shall commence on the Commencement Date and continue through the Expiration Date as those terms are defined in Section 1 (Scope of Agreement) above.
(b) Either party may terminate this Agreement with or without cause by sending written notice of termination at least thirty (30) days prior to terminating the Agreement. In the event of termination, Client shall pay the outstanding balance of all fees due to Provider provided by this Agreement within ten (10) days of the termination. (c) The parties may agree to extend this Agreement at any time by mutual written consent.
9. Agreement Is Confidential.
Client agrees that Client shall not during, or at any time following termination of Agreement with Provider, disclose or divulge to other parties, the specific terms of this Agreement, except as required by law.
10. Ownership of Work Product.
All finished documents and other materials prepared by Provider under this contract shall be jointly owned by Client and Provider. Joint ownership means that either Client or Provider can use documents or materials as needed at their discretion. The only exception to this joint ownership agreement is artistic renderings. Joint future use of such artistic renderings by Client shall be subject to negotiation between Client and the appropriate artist/sub-vendor.
4 11. Protection of Confidential Information.
Provider has and will develop, compile, and own certain proprietary techniques and confidential information and data that have great value in its business (such techniques, and information and data are referred to in this Agreement collectively as “Confidential Information”). Confidential Information includes, without limitation, (a) all information that has or could have commercial value or other utility in the business in which Provider is engaged or in which it contemplates engaging and (b) all information of which the unauthorized disclosure could be detrimental to the interests of Provider, whether or not such information is identified as Confidential Information by Provider.
Client shall keep confidential any and all Confidential Information regardless of means of transmission and storage except as required by law. Failure to mark any of the Confidential Information as confidential or proprietary shall not affect its status as Confidential Information under the terms of this Agreement. Client shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Client shall take at least those measures that Client takes to protect its own most highly confidential information. Client acknowledges that it is impossible to measure fully, in money, the injury that will be caused in the event of a breach or threatened breach of this provision and Provider shall be entitled to injunctive relief to enforce the provisions of this Agreement, without prejudice to any other remedy that such party may have at law or in equity.
12. Late Charges.
Provider may charge a late fee of 1.5% per month on any payment due under this Agreement and not paid in full on the date due, and on any balance due and unpaid more than thirty (30) days after presentation of any statement or invoice from Provider.
13. Notice.
All notices required or permitted under this Agreement must be in writing and will be deemed given (a) when delivered personally, (b) two (2) days after having been sent by commercial express courier with written verification of receipt, (c) on transmission by facsimile, provided that receipt is confirmed by a report generated the facsimile machine transmitting such notice, or (d) on the earlier of receipt or seven (7) business days after having been sent by U.S. first class mail, return receipt requested, postage prepaid.
The delivery address for any such notice shall be as follows:
City of Twentynine Palms CliffordMoss
Attention: Stone James Attention: Amanda Clifford
City Manager Principal
6136 Adobe Road, 5111 Telegraph Avenue, Suite 307
Twentynine Palms, CA 92277 Oakland, CA 94609
5 14. Survival.
All terms and provisions hereof intended to be observed and performed by the parties after the termination hereof, shall survive such expiration or termination and shall continue thereafter in full force and effect, subject to applicable statutes of limitations.
15. Severability.
If a court of competent jurisdiction finds any provision of this Agreement void, illegal, invalid or unenforceable as applied to any person or circumstance, the remainder of this Agreement and the application of such provision to other persons or circumstances shall be interpreted so as best to effect the intent of the parties hereto. The parties further agree to replace any such void, illegal, invalid or unenforceable provision with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such provision.
16. Assignment Prohibited; Binding Effect; No Third Party Rights.
No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt to assign such rights or obligations shall be null and void. Notwithstanding the prior limitation, this Agreement shall be binding on and inure to the benefit of the parties hereto, their successors and assigns. This Agreement shall not create any rights or benefits to parties other than Client and Provider. No third party shall have the right to rely on Provider opinions rendered in connection with the Services without the prior written consent of Provider.
17. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of California without regard to any conflicts of law doctrine. In any action or proceeding brought to enforce this Agreement or any other claim arising out of or related to this Agreement, the venue shall be San Bernardino County, California, if the action is brought by Client or Alameda County, California, if the action is brought by Provider. Each party waives, to the maximum extent permitted by law, any and all rights, either substantive or procedural, which in any way limit or prevent enforcement of the terms of this Agreement.
18. Entire Understanding; Waiver; Modification.
This Agreement constitutes the complete and exclusive statement of the agreement among the parties about the described subject matter. It supersedes all prior written and oral statements, including any prior representation or statement. No waiver or indulgence of any failure to keep or perform any promise or condition of this Agreement shall be a waiver of any preceding or succeeding breach of the same or any other promise or condition. No waiver of any right shall be construed as a waiver of any other right. Neither party shall be required to give notice to enforce strict adherence to all terms of this Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing, signed by the party to be bound.
6 Provider: CliffordMoss
Address: 5111 Telegraph Avenue Suite 307, Oakland CA 94609 By: ____________________________ Date: __________
Amanda Clifford, Principal
Client: City of Twentynine Palms
Address: 6136 Adobe Road, Twentynine Palms, CA 92277
By: ______________________________ Date: __________
Stone James, City Manager