HomeMy WebLinkAbout05769 - CANYON COMMERCIAL SERVICES INC DOWNTOWN CONSULTING SVCS FOR BID �Jge
AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
This Amendment ("Amendment") to the Consulting Services Agreement
City/Redevelopment Agency Downtown Representative by and between the City of
Palm Springs (`City"), the City as the successor agency to the City of Palm Springs
Community Redevelopment Agency ("Agency"), and Canyon Commercial Services, Inc.
("Canyon"), by Tammy Perezchica, a principal thereof ("Principal'), is hereby made and
entered into and effective as of this 7th day of June, 2012.
RECITALS
A. The City, Agency, and Canyon entered into a Consulting Services
Agreement for the purposes of retaining a consultant for Downtown Representative
("Agreement").
B. The term of the Agreement was for one year (terminating on January 13,
2010); however, the Parties agreed pursuant to Amendment No. 1 to allow the City
Manager to agree to any extension of the Agreement for additional periods, not to
exceed one year, and for a cumulative total of 42 months. Subsequent amendments
extended the Agreement, including extensions granted by the City Manager, extended,
to June 30, 2012.
C. The Scope of Work and the compensation to be paid to Canyon
Commercial Services, Inc. were modified pursuant to Amendment No. 2.
D. Principal will not be available to perform all of the duties specified in the
Scope of Work during the months of July and August of 2012; however, the Principal
and the City Manager desire to extend the Agreement for an additional year to June 30,
2013. The Principal is willing to forego any compensation for the months of July and
August, 2012, to secure the one year extension of the Agreement.
AGREEMENT
NOW, THEREFORE, CITY, AGENCY, AND CANYON COMMERCIAL
SERVICES, INC., HEREBY AGREE AS FOLLOWS:
Section 1. Pursuant to the provisions of Section 2 of the Agreement, as amended,
the Agreement will remain in full force and effect until June 30, 2013.
Section 2. Exhibit B of the Agreement (Schedule of Compensation) is amended in its
entirety to read:
EXHIBIT B
SCHEDULE OF COMPENSATION
Canyon Commercial Services shall be compensated for the term of the Agreement as
follows:
ORIGINAL BiL)
AWJOR AGREE ?
Monthly Fee: For all of the services set forth in Exhibit A, Clanyon Commercial
Services, Inc, shall be paid a monthly fee, inclusive of all related expenses and
incidental costs of Ten Thousand Eight Hundred Dollars ($10,800.00) except that
Canyon Commercial Services, Inc., shall not be paid for any services rendered for the
months of July and August of 2012.
Section 3. The Agreement is hereby modified with respect to the terms set forth in this
Amendment. Except as specifically set forth in this Amendment, the terms of the
Agreement shall remain in full force and effect as executed by the Parties.
IN WITNESS WHEREOF, the parties have, by their duly authorized
representatives, executed this Amendment.
CITY OF PALM SPRINGS as successor
Agency to the Redevelopment Agency
Da id d H. Ready
City Manager
ATTEST: APPROVED BY CITY COUNCIL
GYiL b�_. 1'1 fill aQ
es Thompson or��, 2�zoi2
ity Clerk
APPR9, AS TO FO
APPROVED BY CITY MANAGER
Douglas C. Holland I�
City Attorney
CONSULTANT:
Canyon Commercial Services, Inc.
Tammy Perezc ca, Prin al
-2-
r '
AMENDMENT NO. 3 TO CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
This Amendment ("Amendment") to the Consulting Services Agreement
City/Redevelopment Agency Downtown Representative by and between the City of
Palm Springs ("City"), the City of Palm Springs Community Redevelopment Agency
("Agency'), and Canyon Commercial Services, Inc. ("Canyon"), by Tammy Perezchica,
a principal thereof ("Principal'), is hereby made and entered into and effective as of this
30th day of June, 2011.
RECITALS
A. The City, Agency, and Canyon entered into a Consulting Services
Agreement for the purposes of retaining a consultant for Downtown Representative
("Agreement").
B. The term of the Agreement was for one year (terminating on January 13,
2010); however, the Parties agreed pursuant to Amendment No. 1 to allow the City
Manager to agree to any extension of the Agreement for additional periods, not to
exceed one year, and for a cumulative total of 42 months. The Agreement, as extended
by the City Manager, will terminate on June 30, 2011.
C. The Scope of Work and the compensation to be paid to Canyon
Commercial Services, Inc. were modified pursuant to Amendment No. 2.
D. Principal will not be available to perform all of the duties specified in the
Scope of Work during the months of July and August of 2011; however, the Principal
and the City Manager desire to extend the Agreement for an additional year to June 30,
2012. The Principal is willing to forego any compensation for the months of July and
August, 2011, to secure the one year extension of the Agreement.
AGREEMENT
NOW, THEREFORE, CITY, AGENCY, AND CANYON COMMERCIAL
SERVICES, INC., HEREBY AGREE AS FOLLOWS:
Section 1. Pursuant to the provisions of Section 2 of the Agreement, as amended,
the Agreement will remain in full force and effect until June 30, 2012.
Section 2. Exhibit B of the Agreement (Schedule of Compensation) is amended in its
entirety to read:
EXHIBIT B
SCHEDULE OF COMPENSATION
Canyon Commercial Services shall be compensated for the term of the Agreement as
follows:
Monthly Fee: For all of the services set forth in Exhibit A, Canyon Commercial
Services, Inc, shall be paid a monthly fee, inclusive of all related expenses and
incidental costs of Ten Thousand Eight Hundred Dollars ($10,800.00) except that
Canyon Commercial Services, Inc., shall not be paid for any services rendered for the
months of July and August of 2011.
Section 3. The Agreement is hereby modified with respect to the terms set forth in this
Amendment. Except as specifically set forth in this Amendment, the terms of the
Agreement shall remain in full force and effect as executed by the Parties.
IN WITNESS WHEREOF, the parties have, by their duly authorized
representatives, executed this Amendment.
CITY OF PALM SPRINGS
Palm Springs Community Redevelopment
Agency
David H. Ready
City Manager/Executive Director
ATTEST: APPROVED BY CITY COUNCIL
/ ames Thompson ci,to of I � ,OVED BY CITY MANAGER
City Clerk/Agerrcy Secret ry
00
APP AS TO FO M:
� A
Douglas C. Holland
City Attorney/Agency Counsel
CONSULTANT:
Canyon Com ercial Services, Inc.
---,Tammy Pere rinbipal
-2-
AMENDMENT NO. 2 TO CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
This Amendment ("Amendment") to the Consulting Services Agreement
City/Redevelopment Agency Downtown Representative by and between the City of
Palm Springs ("City"), the City of Palm Springs Community Redevelopment Agency
("Agency"), and Canyon Commercial Services, Inc., by Tammy Perezchica, a principal
thereof, is hereby made and entered into and effective as of this 2d day of June, 2010.
WHEREAS, the City, Agency, and Canyon Commercial Services, Inc., entered
into the Agreement for the purposes of retaining a consultant for Downtown
Representative; and
WHEREAS, the City, Agency, and Canyon Commercial Services, Inc., desire to
modify the termination provisions of the Agreement and modify the scope of work of the
Consultant, subject to amendment of certain terms and conditions as provided in this
Amendment No. 1.
NOW, THEREFORE, CITY, AGENCY, AND CANYON COMMERCIAL
SERVICES, INC., HEREBY AGREE AS FOLLOWS:
Section 1. Section 1 of the Agreement is amended in its entirety to read:
Section 1. Scope of Services
The Scope of Services to be performed by Canyon Commercial Services shall
consist of those tasks set forth in the attached Exhibit A and to assist the City Manager
in the implementation of economic development initiatives as may be identified and/or
approved by the City Manager or the City Council. Canyon Commercial Services shall
carry out these tasks according to Consultant's own means and methods and is subject
to City/Agency control only as to the end product or final result of the work. Canyon
Commercial Services shall provide at least forty (40) hours of services each week.
Section 2. Section 11.1 of the Agreement is amended in its entirety to read:
11.1 City/Agency and Canyon Commercial Services each reserve the right to
terminate this Agreement at any time, without cause, upon ninety (90) days' written
notice to the other party. Upon receipt of a notice of termination without cause, Canyon
Commercial Services shall immediately cease all Services under this Agreement except
as may be specifically approved and delineated by the City Manager. Canyon
Commercial Services shall be entitled to compensation for all Services rendered prior to
receipt of the notice of termination and for any Services authorized by the City Manager
after the notice in accordance with the compensation provisions of this Agreement and
Schedule of Compensation, Exhibit B, or another arrangement for compensation as
may be approved in writing by the City Manager.
Section 3. Exhibit "A" of the Agreement, the Scope of Services, is amended in its
entirety to read as shown on attached Exhibit "A" to this Amendment.
Section 4. Exhibit "B" of the Agreement, Schedule of Compensation, is amended in
its entirety to read as shown on attached Exhibit "B" to this Amendment, in furtherance
and support of the reduction of compensation program for City Council members and
executive management employees, as extended by the City Council on May 19, 2010.
Section 5. The Scope of Services to be performed by Consultant shall consist of
those tasks set forth in the attached Exhibit A and to assist the City Manager in the
implementation of economic development initiatives as may be identified and/or
approved by the City Manager or the City Council. Consultant shall carry out these
tasks according to Consultant's own means and methods and is subject to City/Agency
control only as to the end product or final result of the work.
Section 6. The Agreement is hereby modified with respect to the terms set forth in this
Amendment. Except as specifically set forth in this Amendment, the terms of the
Agreement shall remain in full force and effect as executed by the Parties.
IN WITNESS WHEREOF, the parties have, by their duly authorized
representatives, executed this Amendment.
CITY OF PALM SPRINGS
Palm Springs Community Redevelopment
Agency
David H. Ready
City Manager/Executive Director
ATTEST:
APPROVED BY WkAqu I
mes ThomP son
City Clerk/Agency Secretary APPROVED BY CITY W �-t(4h-
APP AS TO FOP:
Doug s C. Holland
City Attorney/Agency Counsel
CONSULTANT:
Canyon ices, Inc.
i
Tammy Per a, ncipal
-2-
EXHIBIT A
SCOPE OF SERVICES
For the purposes of this Agreement, and the Scope of Services to be provided to the
City by Canyon Commercial Services, Inc., the term "Downtown" shall be that area
of the City of Palm Springs which comprises the Palm Springs Business
Improvement District and the term "City Manager" shall mean the City Manager of
the City of Palm Springs or the City Manager's designee.
Generally, the Business Improvement District consists of properties on both sides of
Palm Canyon Drive beginning at Tachevah Drive south to Ramon Road, properties
on both sides of Indian Canyon Drive beginning at Alejo Road south to Ramon
Road, properties on both sides of Belardo Road beginning at Alejo Road south to
Ramon Road, and those properties on side streets west of Indian Canyon Drive to
Belardo Road between Alejo Road south to Ramon Road.
It is further understood that although Tammy Perezchica, a principal of Canyon
Commercial Services, Inc., will be the primary and visible person providing the
contract services under this Agreement, other employees or principals of Canyon
Commercial Services, Inc., may be responsible for performing certain services
provided herein, under the management and direction of Tammy Perezchica as she
deems appropriate.
As the City/Redevelopment Agency's "Downtown" representative, Canyon
Consulting Services, Inc., shall provide the following services-
1. Act as liaison for the City/Agency with "Downtown" landlords and merchants,
providing comprehensive communication of City/Agency goals and objectives.
2. Act as liaison for the City/Agency with the Palm Springs Main Street
Association. Attend all general membership meetings of the Main Street
Association. Attend the meetings of the Main Street Association Board of Directors
when invited.
3. Provide marketing consulting services to the Palm Springs Business
Improvement District ("BID") and comprehensively assist the BID in the development
of its annual Marketing Plan. Attend all meetings of the BID Advisory Board.
4. At the request of the City Manager, assist with the coordination of Council
approved special events for "Downtown" with downtown merchants, Palm Springs
Bureau of Tourism, and other affected or interested identified stakeholders.
5. As may be requested by the City Manager, provide concepts, analysis,
oversight, and/or management of"Downtown" programs.
6. Provide review, analysis, and recommendations to the City Manager
regarding "Downtown" signage and the streetscape as such relate to the branding
and marketing of the "Downtown."
7. Assist the City Manager in the oversight of VillageFest operations as such
operations may impact "Downtown" businesses; interface and consult with the City's
VillageFest Board on matters that may impact"Downtown" businesses.
8. Meet regularly with the City's Park and Recreation Director and Downtown
Maintenance Supervisor to provide observations and recommendations regarding
"Downtown" cleanliness and maintenance.
9. Establish regular opportunities for "Downtown" landlords and merchants to
define, review, and discuss downtown issues, challenges, opportunities, and goals.
10. Regularly meet with the City Manager to review and update the City's issues,
objectives, and goals for the "Downtown," and provide a periodic report of activities,
including landlord/merchant interactions, on a schedule approved by the City
Manager..
EXHIBIT B
SCHEDULE OF COMPENSATION
Canyon Commercial Services, Inc. shall be compensated for the term of the
Agreement as follows:
Monthly Fee: For all of the services set forth in Exhibit A, Canyon Commercial
Services, Inc. shall be paid a monthly fee, inclusive of all related expenses and
incidental costs of Ten Thousand Eight Hundred Dollars ($10,800.00).
A5769
Amend 1
AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
This Amendment ("Amendment") to the Consulting Services Agreement
City/Redevelopment Agency Downtown Representative by and between the City of
Palm Springs ("City"), the City of Palm Springs Community Redevelopment Agency
("Agency"), and Canyon Commercial Services, Inc., by Tammy Perezchica, a principal
thereof, is hereby made and entered into and effective as of this lath day of January,
2009.
WHEREAS, the City, Agency, and Canyon Commercial Services, inc., entered
into the Agreement for the purposes of retaining a consultant for Downtown
Representative; and
WHEREAS, the City, Agency, and Canyon Commercial Services, Inc., desire to
extend the term of the Agreement, subject to amendment of certain terms and
conditions as provided in this Amendment No. 1.
NOW, THEREFORE, CITY, AGENCY, AND CANYON COMMERCIAL
SERVICES, INC., HEREBY AGREE AS FOLLOWS:
Section 1, Section 1 of the Agreement is amended in its entirety to read:
Section 1. Scope of Services
The Scope of Services to be performed by Consultant shall consist of those tasks set
forth in the attached Exhibit A and to assist the City Manager in the implementation of
economic development initiatives as may be identified and/or approved by the City
Manager or the City Council. Consultant shall carry out these tasks according to
Consultant's own means and methods and is subject to City/Agency control only as to
the end product or final result of the work.
Section 2_ Section 2 of the Agreement is amended in its entirety to read:
Section 2. Term
This Agreement shall remain in full force and effect from January 14, 2009,
through July 1, 2010. Consultant and City Manager may mutually agree to extend this
Agreement in writing for additional periods, not to exceed one year for each such
extension period, for a cumulative total of 42 months, subject to the City/Agency
appropriating sufficient funds to fund the City/Agency obligations under this Agreement
for each extension thereof.
Section 3. The Agreement is Hereby modified Mth Fespect tc the teems set forth harein
Except as s;aecifoca9Cy set forth in this Amendment, the 4�nguage of the Agreemeni shale
rennain unmodified and in Pali Farce and effect as exectaed by the parties.
IN WiTiNIESS WHERF OIF, the parties have, by their duiy authorized
representatives, executed Ns Amendment,
CiT`r" OF PALM SPRiNGS
Palrtt Springs Community Redevelopment
Agency
David I-i. Ready
City, Manage, Executive IOirecsor
ATTEST:
g�APPROVED BY CITY COUNCIL
P b0
d nes Thompson
City Cler}u'Aegency Secretary
APPROVED BY CITY MANAGER- c
APPROVED AS TO FORM Y(�ir�` S Q1� �•\O ��b 1
171,11
Douglas C. Hoiland r
City Attomey/Agency Counsel
CONSULTANT:
Can 4n Cornn -v-,;a, vies ino__
-2-
Section 3. The Agreement is hereby modified with respect to the terms set forth herein.
Except as specifically set forth in this Amendment, the language of the Agreement shall
remain unmodified and in full force and effect as executed by the parties.
IN WITNESS WHEREOF, the parties have, by their duly authorized
representatives, executed this Amendment.
CITY OF PALM SP INGS
Palm Springs ommunity Redevelopment
Agency
vid H. Ready
City Manager/Executive Director
ATTEST: \
gAPPROVEO BY CITY COUNCIL
James Thompson \
City Clerk/Agency cretary �O APPROVED By CITY MANAGER
APPROVE AS TO FORM:
D uglas C. Holland
City Attorney/Agency Counsel
CONSULTANT:
Cany n Commrrgia des Inc.
gTaar m - Principal
M
-2-
CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
THIS AGREEMENT is made and entered into to be effective this 14th day of
January 2009, between the City of Palm Springs and the Palm Springs Community
Redevelopment Agency (hereinafter "City/Agency") and Canyon Commercial Services,
Inc., by Tammy Perezchica, a principal thereof.
RECITALS
WHEREAS, City/Agency desires to retain Consultant to provide certain expertise
and advice in the marketing, retail and commercial development, and the management of
"Downtown" as more particularly set forth in the Scope of Services attached hereto as
Exhibit A.
WHEREAS, Consultant is qualified by virtue of experience,training, education, and
expertise to accomplish such services.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1. Scope of Services
The Scope of Services to be performed by Consultant shall consist of those tasks set forth
in the attached Exhibit A. Consultant shall carry out the tasks outlined in Exhibit A
according to Consultant's own means and methods and is subject to City/Agency control
only as to the end product or final result of the work.
Section 2. Term
This Agreement shall remain in full force and effect from January 14, 2009, through
January 13, 2010, and the Consultant and City Manager may extend this Agreement in
writing for up to four additional one-year terms, subject to the City/Agency appropriating
sufficient funds to fund the services required under this Agreement for each extension
thereof.
Section 3. Compensation
3.1 For services rendered pursuantto this Agreement, Consultant shall be compensated
in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B." All
payment invoices shall evidence compliance with the Schedule of Compensation, Exhibit
B. Although Consultant will perform the majority of Consultant's work in the City of Palm
Springs, the Consultant will also maintain an off-site office for purposes of working on
City/Agency and other non-City/Agency projects. Nothing in this Agreement shall preclude
Consultant from seeking or carrying out work on projects for other clients.
Canyon Commercial Consulting Services Agreement Page I of 8
itti i%C.� _I.
.,=LEI
3.2 Consultant shall submit monthly invoices based on total services which have been
satisfactorily completed.
3.3 Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement.
3.4 Consultant shall not receive any benefits of employment provided to City/Agency's
regular employees.
3.5 Consultant shall be solely responsible for all tax returns and payments required to
be filed with or made to anyfederal, state or local tax authoritywith respect to Consultant's
performance of services and receipt of compensation under this Agreement. The
Consultant is an independent contractor and, therefore, the City/Agency shall not withhold
or make payments for social security, make unemployment insurance or disability
insurance contributions, orobtain worker's compensation insurance on Consultant's behalf.
Consultant shall comply with, and agrees to accept exclusive liability for non-compliance
with, all applicable state and federal laws, rules and regulations, including, without
limitation, obligations such as payment of all taxes, social security, disability and other
contributions based on compensation received by Consultant under this Agreement.
Consultant hereby agrees to indemnify, hold harmless and defend City/Agency against any
and all such liability, taxes or contributions, including, without limitation, penalties and
interest.
Section 4. Independent Contractor
The City/Agency regards Consultant's services as unique and specialized. It is agreed that
Consultant shall act and be an independent contractor and not an employee of the
City/Agency.
Section 5. Limitations Upon Subcontractincl and Assignment
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City/Agency to enter into this Agreement.
Consultant shall not subcontract with any other entity to perform the services required
under this Agreement.
Section 6. Insurance Requirements
6.1 Commencement of Work. Consultant shall not commence work under this
Agreement until it has obtained all insurance required by the City/Agency and until the
City/Agency has approved the insurance. All insurance required by this Agreement shall
contain a Statement of Obligation on the part of the carrier to notify the City/Agency of any
material change, cancellation, or termination at least thirty (30) days in advance.
Canyon Commeroial Consulting Services Agreement Pape 2 of
6.2 Workers' Compensation Insurance. Consultant shall maintain Workers
Compensation Insurance in the amount and type required by state law.
6.3 Insurance Amounts. Consultant shall maintain the following insurance for the
duration of this Agreement:
(a) Comprehensive general liability in an amount of $500,000.00 per occurrence.
Insurance companies must be admitted and licensed in California and have a Best's Guide
Rating of A-, Class VII or better.
(b) Automobile liability in an amount of $500,000,00 per occurrence. Insurance
companies must be admitted and licensed in California and have a Best's Guide Rating of
A-, Class VI or better.
6.4 Endorsements forthe policies under section 6.3(a)&(b)shall designate City/Agency
as an additional insured. Consultant shall provide to City/Agency proof of such additional
insured coverage in the form of both certificates of insurance and endorsement forms.
Section 7. Indemnification
7.1 Consultant agrees to and shall indemnify, defend, hold harmless City/Agency and its
officers, agents, and employees from and against all liability, claims, losses, and demands,
damages to property or injuries to or death of any person or persons, including property of
the City/Agency, including defense costs (together, "Claims"), whether resulting from court
action or otherwise, resulting from, related in any manner to, or arising out of the
intentional, malicious, negligent acts, inactions, errors, or omissions of Consultant, or its
officers, employees, and agents in the performance of this Agreement.
7.2 City/Agency agrees to indemnify and hold harmless Consultant from all Claims,
including defense costs, whether resulting from court action or otherwise, arising out of the
sole intentional or grossly negligent acts or omissions of City/Agency and its officers,
agents, or employees in the performance of this Agreement.
7.3 City/Agency will cause each contractor, their subcontractors and any consultants
engaged to provide services for any project for which the Consultant is engaged, to
indemnify and hold Consultant harmless from any claims, losses, expenses, and damages
(including attorney's fees and costs)that may arise from said contractor, subcontractor, or
consultant activities on the project.
Section 8. Non Liability of City Council Members
No City Council/Community Redevelopment Agency member shall be personally liable to
Consultant in the event of any default or breach by the City/Agency, and/orthe City/Agency
member, or for any amount, which may become due to Consultant. Consultant's billed
time shall be an obligation of the City/Agency to the extent permitted by law.
Canyon Commercial Consulting Services Agreement Page 3 of
Section 9. Compliance with Law
Consultant shall comply with all applicable laws, ordinances, codes, and regulations of
federal, state, and local government in the performance of the duties,which are the subject
of this Agreement_
Section 10. Licenses, Permits, Fees and Assessments
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for performance of the services required by this Agreement.
Section 11, Termination
11.1 City/Agency and Consultant each reserve the right to terminate this Agreement at
any time, without cause, upon ninety (90) days' written notice to the other party. Upon
receipt of a notice of termination without cause, Consultant shall immediately cease all
Services under this Agreement except as may be specifically approved and delineated by
City Manager. Consultant shall be entitled to compensation for all Services rendered prior
to receipt of the notice of termination and for any Services authorized by the City Manager
after the notice in accordance with the compensation provisions of this Agreement and
Schedule of Compensation, Exhibit B, or another arrangement for compensation as may
be approved in writing by the City Manager.
11.2 City/Agency reserves the express right to terminate this Agreement for cause due to
the default(as defined in Paragraph 17 below) by Consultant in its performance obligations
under this Agreement. City/Agency may in any notice of default advise Consultant it also
intends to terminate the Agreement for cause. The notice of default from City/Agency shall
advise Consultant if City/Agency intends to elect to terminate the Agreement and in the
event Consultant shall immediately cease performance and provision of Services under
this Agreement as of the date the notice of default is received or deemed received,
whichever is earlier. In the event of termination, City/Agency may, but is not required, to
take over the work and prosecute the same to completion by contract or otherwise. Also,
in the event of termination for cause, Consultant shall be liable to the extent that the total
cost for completion of the Consultant Services required under this Agreement exceeds the
compensation stipulated in this Agreement (provided that the City/Agency shall use
reasonable efforts to mitigate damages), and City/Agency expressly reserves the right to
withhold any outstanding payments to the Consultant for the purpose of set off or partial
payment of the amounts owed the City/Agency as previously set forth in this Agreement.
11.3 For the purposes of this Section 11, the rights and obligations of the City/Agency
may be exercised or performed by the City Manager or the City Manager's designee.
Canyon Commercial Consulting Services Agreement Page 4 of
Section 12. Notice
All notices shall be personally delivered or mailed to the below listed addresses, or to such
other addresses as may be designated by written notice. These addresses shall be for
delivery of service of process:
To City: David H. Ready
City Manager/ Executive Director
PO Box 2743
Palm Springs, California 92263
To Consultant: Canyon Commercial Services, Inc.
Tammy Perezchica, a Principal
74-040 Highway 111, Suite JJ-3
Palm Desert, CA 92260
Section 13. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties
and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Palm Springs
Palm Springs Community Redevelopment Agency
APPROVED BY CITY COUNCIL BY:
David H. ea"� -- - City Mana er/ Executive Director
Consult h � 7
Canyon Comm roc lip Vrvices, Inc.
Tammy Pere*ckia
APPROVE AS -O FO ATTEST:
BY= B -
City orney 'a ?City Clerk a i /ya�zoa g
Canyon Commercial Consulting Services Agreement Pape 5 of 8
EXHIBIT A
SCOPE OF SERVICES
For the purposes of this Agreement and the Scope of Services to be provided to the City/
Agency by the Consultant, "Downtown" Palm Springs shall be that area which comprises
the Palm Springs Business Improvement District_
Generally,the Business Improvement Districts consist of properties on both sides of Palm
Canyon Drive beginning at Tachevah Drive south to Ramon Road, properties on both sides
of Indian Canyon Drive beginning at Alejo Road south to Ramon Road, properties on both
sides of Belardo Road beginning at Alejo Road south to Ramon Road, and those
properties on side streets west of Indian Canyon Drive to Belardo Road between Alejo
Road south to Ramon Road.
It is further understood that Tammy Perezchica, a principal of Canyon Commercial
Services, Inc., will be the primary and visible person providing the contract services, and
that Tammy Perezchica shall manage and execute the scope of this contract through
Canyon Commercial Services, Inc, as she deems appropriate.
As the City/Redevelopment Agency's "Downtown" representative, the Consultant shall
provide the following services:
1. Act as liaison for the City/Agency with "Downtown" landlords and merchants,
providing comprehensive communication of City/Agency goals and objectives.
2_ Act as liaison for the City/Agency with the Palm Springs Main Street Association.
Attend all general membership meetings of the Main Street Association and all meetings of
the Main Street Association Board of Directors.
3. Provide marketing consulting services to the Palm Springs Business Improvement
District (BID) and comprehensively assist the BID in the development of its annual
Marketing Plan. Attend all meetings of the BID.
4. At the direction of the City Manager, assist with the coordination of Council
approved downtown special events, including downtown merchants, Palm Springs Bureau
of Tourism, etc.
5. As directed by City Management, provide concepts, analysis, oversight, and/or
management of"Downtown" projects.
6_ Provide review, analysis, and recommendations regarding"Downtown"signage and
the streetscape as they relate to the branding and marketing of the "Downtown
Canyon Commercial Consulting Services Agreement Page 6 or 8
7. Provide analysis of the VillageFest's operations as they impact "Downtown"
businesses.
8. Meet regularly with the City's Parks and Recreation Director and Downtown
Maintenance Supervisor to provide observations and recommendations regarding
"Downtown" cleanliness and maintenance.
9. Establish regular opportunities for"Downtown" landlords and merchants to define,
review, and discuss downtown issues, challenges, opportunities, and goals.
10. Meet monthly with the City Manager to review and update the City's issues,
objectives, and goals for the "Downtown," and provide a monthly report of activities,
including landlord/merchant interactions.
11. Meet with the City Council Business Retention Subcommittee on a routine basis.
Canyon Commercial Consulting Services Agreement Pagc 7 of8
EXHIBIT B
SCHEDULE OF COMPENSATION
The Consultant shall be compensated for the term of the Agreement as follows:
Monthly Fee: For all of the services set forth in Exhibit A, the Consultant shall be paid a
monthly fee, inclusive of all related expenses and incidental costs, of Twelve Thousand
Dollars ($12,000.00).
Canyon Commercial Consulting Services Agreement Page 8 Of