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A<1FORN� City_ Council Staff Report
DATE: September 6, 2006 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 5 TO AGREEMENT NO. 4922 WITH SIMAT,
HELLIESEN & EICHNER, INC. (SH&E) TO EXTEND TERM TO JUNE 30,
2007
FROM: David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
Amendment No. 5 to agreement No. 4922 to extend the term to June 30, 2007 to
complete the air service development and concession development work previously
approved via Amendment Nos. 2 and 3.
RECOMMENDATION:
1. Adopt Minute Order No. approving Amendment No. 5 to Agreement No.
4922 with Simat, Helliesen & Eichner Inc. (SH&E) to extend the term to June 30,
2007 to complete the air service development and concession development work
previously approved via Amendment Nos. 2 and 3.
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
On July 13, 2005 Amendment No. 2 to Agreement No. 4922 was approved for SH&E to
provide additional air service development. On September 21, 2005 Amendment No. 3
to Agreement No. 4922 was approved for SH&E to prepare an Airport Concession
Development Plan. The work was projected to be completed within one year. However,
both the air service and concession plan development plan work could not be
completed prior to the end of the contract; therefore Amendments No. 2 and No. 3
require an extension of time until June 30, 2007. There is no additional cost involved in
this extension.
ITEM NC. 2' J•
City Council Staff Report
September 6, 2006 -- Page 2
SH&E Agreement 4922, Amendment 5 1
FISCAL IMPACT: Finance Director Review:
None. '
David H. Ready, City M r Richard S- Walsh, A.A.E-
Director of Aviation
Attachments:
Minute Order No
Amendment No. 5 to Lease Agreement No- 4922
MINUTE ORDER NO.
ADOPT MINUTE ORDER NO. APPROVING
AMENDMENT NO. 5 TO AGREEMENT TO. 4922 WITH
SIMAT, HELLIESEN & EICHNER, INC (SH&E) TO EXTEND
THE TERM TO JUNE 30, 2007
I HEREBY CERTIFY that this Minute Order, authorizing the City Manager
to execute Amendment No. 5 to Agreement No. 4922, with Simat,
Helliesen & Eichner, Inc. (SH&E) to extend the term to June 30, 2007 was
adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 6th day of September 2006.
James Thompson, City Clerk
AIRPORT MARKETING CONSULTING SERVICES
Agreement No. 4922
Amendment No. 5
This Fifth Amendment to Agreement No. 4922 for contract services ("Amendment") is
made and entered into this day of 2006, by and between the CITY
OF PALM SPRINGS, ("City") and SIMAT, HELLIESEN & EICHNER, INC. (SH&E)
("Contractor").
RECITALS
A. On July 21, 2004, City and Contractor entered into that certain Agreement
No. 4922 ("Agreement'), pursuant to which Contractor agreed to provide
certain marketing consulting services to the City in accordance with the terms
of the Agreement-
B. On January 19, 2005, City and Contractor entered into Amendment No. 1 to
Agreement No. 4922 ("Agreement"), whereby Contractor provided additional
business development marketing services for the City-
C. On July 13, 2005, City and Contractor entered into Amendment No. 2 to
Agreement No. 4922 ("Agreement'), whereby Contractor provided additional
air service development marketing services for the City.
D. On October 14, 2005, City and Contractor entered into Amendment No. 3 to
Agreement No. 4922 ("Agreement'), whereby Contractor provided
Concession Development Planning services for the City.
E. On January 26, 2006, City and Contractor entered into Amendment No. 4 to
Agreement No. 4922 ("Agreement'), whereby Contractor provided an Airport
Market Study & Financial Forecast of Airport Passenger Facility Charges for
the City.
F. The parties wish to extend the term of the agreement until June 30, 2007 in
order to complete C and D.
G. The parties wish to amend the Agreement in accordance with the terms
herein.
NOW, THEREFORE, the parties agree that the Agreement shall be revised pursuant to
the following terms of this Amendment:
1. Exhibit "D", entitled "Schedule of Performance", is hereby amended by extending
the existing Schedule of Performance for Amendment Nos. 2 and 3 until June 30, 2007.
2. Due Execution. The person(s) executing this Amendment 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 Amendment on behalf of said party, (iii) by so
executing this Amendment, such party is formally bound to the provisions of this
Amendment, and (iv) the entering into this Amendment does not violate any provision of
any other agreement to which said party is bound.
SH&E Agreement 4922, A5
Palm Springs International Airport Page 1 of 3
3. Full Force and Effect. The parties Further agree that, except as specifically
' provided in this Amendment, the terms of the Agreement shall remain unchanged and in
full force and effect.
SIGNATURES ON FOLLOWING PAGE
SH&E Agreement 4922, A5
Palm Springs International Airport Page 2 of 3
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
ATTEST: CITY OF PALM SPRING
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
� By:
City Attorney
CONTRACTOR: Check one: — Individual _ Partnership Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of
Board, President, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer
By: By:
Signature (notarized) Signature (notarized)
Name. Name:
Title: Title:
State of State of
County of County of
On before me, On before me,
personally appeared personally appeared
personally known to me (or proved to me on personally known to me (or proved to me on
the basis of satisfactory evidence) to be the the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to the within instrument and acknowledged
to me that he/she/they executed the same to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the that by his/her/their signatures(s) on the
instrument the person(s), or entity upon instrument the person(s), or entity upon
behalf of which the person(s) acted, behalf of which the person(s) acted,
executed the instrument, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
SH&E Agreement 4922, A5
Palm Springs International Airport Page 3 of 3