HomeMy WebLinkAbout8/2/2000 - STAFF REPORTS (8) DATE: August 2, 2000
TO: City Council
FROM: Assistant Director of Aviation via Director of Aviation
AIRLINE MARKETING AGREEMENT
RECOMMENDATION:
It is recommended that City Council approve a contract service agreement with Nancy
A. Doria for airline marketing activities for a six (6) month period for an amount not to
exceed $25,000.
BACKGROUND:
For the last six(6)months, Nancy A. Doria has provided airline marketing activities and
consultant services under a professional services contract with the City of Palm
Springs. This contract was put in place at the request of the Airline Service
Committee, which operates under the auspices of the Palm Springs Desert Resorts
Convention and Visitors Authority, as a method to increase air services at Palm
Springs International Airport. This overall effort has been successful, and the Airport
must continue to focus on increasing airline service in the coming year.
In fiscal year 00/01, funds were budgeted to hire a Marketing and Public Affairs
Manager within the Department of Aviation. One of the primary responsibilities of this
position will be the development of a comprehensive marketing plan. While the
process is underway, it is estimated that it could take up to two months to fill the
position. In between that time, it is essential that we maintain the continuity of a
marketing presence with the airlines and the tourism community.
Staff has negotiated for an additional six (6) month contract service agreement with
Nancy A. Doria to provide basically the same services that were provided in the
original agreement with more focus on the development of targeted airline service.
This activity was also budgeted in FY00/01 in response to this continuing effort for
airline service development.
Sufficient funds are available in Airport Administration account number 41 5-6002-
43200 Contractual Services . No general fund monies will be used.
A Minute Order approving the Contract Service Agreement is attached for
consideration.
B RRY G IF I HAROLD GOOD
Assistai= Director of Aviation Procurement Manager
APPROVED: �V A, APPROVED-.
JE I L. RIDDLE City Manager
Director of Aviation
Attachments: 1. Minute Order
2. Agreement EWMI" E01FRI MCE
3A
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
AIRLINE MARKETING PROGRAM
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this
25th day of Jules, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein
"City") and Nancy A. Doria (herein "Contractor"). (The term Contractor includes professionals
performing in a consulting capacity).
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services
set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B"
and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty-five
Thousand Dollars ($25,000) ("Contract Sum").
2.2 Method of Pam. Provided that Contractor is not in default under the terms of
this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Nancy A. Doria is hereby designated as being the
principal and representative of Contractor authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Director of Aviation is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith("Contract Officer"). The City Manager of City shall
have the right to designate another Contract Officer by providing written notice to Contractor.
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3.3 Prohibition Against Subcontractingor r Assignment. Contractor shall not contract
with any entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any such
prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth. Contractor shall perform all services required
herein as an independent contractor of City and shall remain under only such obligations as are consistent
with that role. 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.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor 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:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than either (I)
a combined single limit of$1,000,000.00 or (ii) bodily injury limits of$500,000.00 per person,
$1,000,000.00 per occurrence and$1,000,000.00 products and completed operations and property
damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00,
the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the City against any
loss, claim or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Contractor in the course of carrying out the work or
services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (1) bodily injury
liability limits of$500,000.00 per person and$1,000,000.00 per occurrence and property damage
liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined
single limit liability of$1,000,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including Professional
Liability Insurance, as may be required in the Scope of Services, Exhibit "A".
All of the above policies of insurance shall be primary insurance and shall name the City, its
officers, employees and agents as additional insureds, except that the City shall not be named as an
additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The
insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of said policies of insurance shall provide that said
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insurance may not be amended or canceled without providing thirty (30) days prior written notice by
registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to
the Contract Officer. No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages to any
persons or property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified
to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the City Manager or designee of the City due to unique
circumstances.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of therm harmless from, any and all actions, suits,
claims,damages to persons or property,losses,costs,penalties, obligations,errors, omissions or liabilities,
including paying any legal costs, attorneys fees, or paying any judgment(herein "claims or liabilities")that
may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising
from Contractor's negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence
or willful misconduct of the City.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until January 25, 2001.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall imrnediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination by
the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness
of the notice of termination and for such additional services specifically authorized by the Contract Officer
and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor
shall take affirmative action to ensure that applicants are employed and that employees are treated during
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employment without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Contractor or to its successor, or for
breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
cormnunication either party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm
Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the
execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
6.6 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any,between the parties, and none
shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared
as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that its invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's
consent to or approval of any act by the other party requiring the party's consent or approval shall not be
deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party
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in such action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
By:
City Manager
(Check one: _Individual _ Partnership
ATTEST: _ Corporation)
CONTRACTOR:
City Clerk By:
Signature (Notarized)
APPROVED AS TO FORM:
Print Name & Title
City Attorney By:
Signature (Notarized)
Print Name & Title
Mailing Address:
(END OF
SIGNATURES)
(Corporations require two signatures: One from each of the
Following: A. Chairman of Board, President, any Vice
President:AND B. Secretary,Assistant Secretary,
Treasurer, Assistant Treasurer,or Chief Financial Officer).
CITY OF PALM SPRINGS,
a municipal corporation
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EXHIBIT "A"
SCOPE OF SERVICE
Contractor shall perform 240 hours of work to carry out the following functions:
No Tasks Schedule % Completed
1. PLANNING TASKS Proiect Hours
Implement Action Plans for Carriers.Specifically for the 35 hrs.
Remainder of 00/01 Fiscal Year Focus on American
Continental and Northwest for Expanded Services:
Initiate Meetings widr Targeted Carriers to Discuss and
Establish Service, Schedules. Fares and Promotional 35 hrs.
Opportunities:
Devote Such Time as May Be Necessary for the Purpose
of Planning and Developing Airline Service To/from 35 ins.
Palm Spriggs International Airport;
2. IMPLEMENTATION TASKS Proiect Hours
Conduct Presentations via Airport Offices to Promote 10 hrs.
Airline Service: focus on American Continental and
Northwest for Expanded Services
Contact Targeted Carriers and Solicit Prospective Users 20 hrs.
of Palm Springs International Airport
Via Airport Offices,Coordinate Negotiations and Attend 10 hrs.
Meetings with Targeted Carriers;
Establish and Review Priorities by Airline, 10 hrs.
Propose Basic and Customized Promotions Based on 10 lrrs.
Airline Needs: Focus on American. Continental and
Northwest for Expanded Services
3. GENERAL TASKS Proiect Hours
Respond to Inquires to the City Professionally and 10 hrs.
Promptly;
Provide Monthly Status Reports on Activities; 10 hrs.
Interact with Local Media via Airport Offices: 10 hrs.
Interface with Appropriate City and Governmental 10 hrs.
Entities as Required via Airport Office:
Interact with PSP Tourism. PSDRCVA and Hoteliers 35 hrs.
to Increase Understanding of Airline Traffic Patterns.
Availability and Enhance Sales Efforts via Airport
Offices
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor shall be compensated at the rate of$3500 per calendar month plus reimbursable expenses. If
a request is made for travel outside a fifty mile radius, expenses incurred are to be reimbursed by the City.
The City of Palm Springs will reimburse contractor for agreed upon expenses including travel (air, car,
meals, mileage, entertainment, insurance, etc.) at actual cost.
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MINUTE ORDER NO.
APPROVING A SIX(6)MONTH CONTRACT
SERVICE AGREEMENT WITH NANCY A.
DORIA FOR AIRLINE MARKETING
ACTIVITIES FOR AN AMOUNT NOT TO
EXCEED $25,000.
I HEREBY CERTIFY that this Minute Order approving a six (6) month contract
service agreement with Nancy A. Doria for airline marketing activities for an
amount not to exceed $25,000; was adopted by the City Council of the City of
Palm Springs, California in a meeting thereof held on the 2nd day of August,
2000.
PATRICIA A. SANDERS
City Clerk