HomeMy WebLinkAbout05320 - EVA'S AT PALM SPRINGS AIRPORT RETAIL CART 2 DOCUMENT TRACKING
Page:1
Report: One Document Detail October 19,2010
Condition: Document Number a5966,
Document# Description Approval Date Expiration Date Closed Date
A5966 Retail Merchandising Units 09-01.2010 thru 08-31-2015 04/07/2010 08/31/2015
Company Name: Eva's At Palm Springs
Address: Ms.Eva Karlstrom, 3 Calais Circle,Rancho Mirage,CA 92270
Contact: Ms.Karlstrom
Group: AIRPORT
Service: In File
xRef: Janet Sheraton (760)318-3808
Ins.Status: Certificate has Discrepancies
Document_Tracking Items:
Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
cab to CM for sig IN FILE 05106/2010
kdh Council approved 2L 04/0712010
Track Notes: 2.L.AWARD RFP 03-10 RETAIL MERCHANDISING UNITS TO EVA'S AT THE PALM SPRINGS INTERNATIONAL
AIRPORT:
ACTION:
1)Approve a five-year Non-Exclusive Operating and Lease Agreement for two retail merchandising units at the Palm
Springs International Airport to Eva's At Palm Springs Airport effective September 1,2010,through August 31,2015;and
2)Authorize the City Manger to execute all necessary documents.A5966.
Approved as part of the Consent Calendar.
******ENDOFREPORT******
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NON-EXCLUSIVE OPERATING PERMIT AGREEMENT
For Retail Cart#2
At
Palm Springs International Airport
GENERAL PROVISIONS
The City of Palm Springs, a municipal corporation ("City") hereby grants to the Operator
hereinafter named, a non-exclusive permit to operate a Retail Cart(as hereinafter defined) at
the location specified below at the Palm Springs International Airport("Airport") upon all of the
terms and conditions contained in this Agreement. This Agreement is subject to the following
general provisions:
Operator. Eva's at Palm Springs Airport
Address: 1675 La Reina Way#A
Palm Springs, CA 92264
Phone: 760.320.9088 /760.668.4455 Fax: 760.327.4127
email: evaspsairport@aol.com
Operator's Representative: Eva K. Karlstrom
Retail Cart Use: Apparel and Gift items
Security Deposit: $1,000.00 (on file).
Monthly Rental Payment: $833.33 (Due on the first of each month for that month)
Partial Monthly Rental Payment: $416.67 (Due on July 16, 2006)
Commencement Date: July 16, 2006
Term: Month to Month -with a 30 day notice of cancellation
City Business License#: 00012108
Hours of Operations: During the Months of September through June, the Retail
Cart shall remain open a minimum of 6 hours per day,
beginning at 5:30 a.m., 7 days a week except during
periods of extreme weather conditions. During the months
of July and August,the Retail Cart may remain open at the
discretion of the Operator.
Retail Cart Identification: Retail Cart#2
Location: As shown on Exhibit"A"
Palm Springs International Airport
Eva's Retail Cart#1 1
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TERMS & CONDITIONS
1. The term "Retail Cart"shall mean a portable concession cart for the sale of services/
merchandise licensed to the Operator pursuant to this Agreement.
2. The Operator shall provide the Director of Aviation monthly gross sales statistics in a form
and content satisfactory to the City by the 1P day of each month for the previous month.
3. The Retail Cart may not be moved or relocated to any other location or area of the Airport by
the Operator. City may require the Retail Cart to be relocated based upon Airport operational
needs at any time.
4. The initial list of merchandise and services including prices to be displayed or offered on or
from the Retail Cart, and any subsequent changes to the list of merchandise or services and
prices offered must be approved by the Director of Aviation in writing. Any proposed changes to
prices, other than sale prices, seasonal inventory reduction and adjustments made because of
new original designs must be first reviewed and approved in writing by the Director of Aviation-
5- Additional space adjacent to the Retail Cart may not be used for any purpose without
advance written approval from the Director of Aviation.
6. Operator will not change hours or days of operation specified herein without prior written
approval from the Director of Aviation except during periods of extreme weather conditions.
7. The Operator shall be solely responsible for all merchandise displayed on the Retail Cart.
The Operator shall be solely responsible for properly securing the Retail Cart and all items
stored in the Retail Cart-
8- No changes or alterations shall be made to the Retail Cart,including physical appearance or
operational qualities of the Retail Cart without prior written approval from the Director of Aviation
9. The Operator shall keep the Retail Cart in excellent physical and operating condition during
the Agreement term. The Operator shall inspect the Retail Carton a daily basis with respect to
its cleanliness, operation, physical appearance, and function. If repairs or maintenance is
necessary, Operator shall immediately advise the Airport Operations Center.The Operator shall
be responsible for the cost of all maintenance and repairs to damage to the Retail Cart because
of negligence on the part of the Operator, its employees or agents.
10, The operations of the Operator, its employees, invitees and those doing business with it
shall be conducted in a professional, orderly and proper manner so as not to annoy, disturb or
be offensive to others at the Airport. The City shall have the right to object to the Operator
regarding the demeanor, conduct and appearance of the Operator's employees, invitees and
those doing business with it,whereupon the Operator will take steps necessary to remove the
cause of the objection.
11. Per Title 49, Code of Federal Regulations (CFR), Part 1542 every Sterile Area Worker
(SAW) must have successfully completed a fingerprint-based Criminal History Records Check
(CHRC).
12. In the use of the parkways, roads, streets, corridors, hallways, stairs and other common
areas of the Airport as a means of ingress and egress to,from and about the Airport,and also in
the use of portions of the Airport to which the general public is admitted, the Operator shall
conform and shall require its employees, invitees and others doing business with it to conform
Palm Springs International Airport
Eva's Retail Cart#1 2
to the Rules and Regulations of the Airport which are now in effect or which may hereafter be
adopted for the safe and efficient operation of the Airport. A copy of the Rules and Regulations
is on file with the Airport Administrative office_ Operator acknowledges that it is familiar with
such Rules and Regulations as they apply to its operations under this Agreement.
13. The Operator, its employees, invitees and others doing business with it shall have no right
hereunder to park vehicles at the Airport Terminal. Parking is via permit only in the Employee
Parking Lot. Parking for the loading/unloading of merchandise must be coordinated through the
Airport Ground Transportation Center.
14. The Operator agrees to operate its business as a commercial operator at the Airport for the
use and benefit of the public; to make available all facilities and services to the public, without
unjust discrimination; and to refrain from imposing or levying excessive, discriminatory, or
otherwise unreasonable charges or fees.
15. The Operator shall maintain during the term of the Agreement comprehensive general
liability insurance in a form and content satisfactory to the City written on a per occurrence basis
in an amount not less than $1,000,000 per person, $3,000,000 per occurrence, $50,000
property damage or a combined single limit of$3,000,000. Said policy shall name the City and
its officers,agents, and employees as additional insureds. Certificates of insurance evidencing
the coverage required herein, and designating the City, its officers,agents, and employees, as
additional named insureds by original endorsement shall be delivered to and approved by City
prior to the commencement date.
16. The Operator shall maintain fire and extended coverage insurance written on a per
occurrence basis on its improvements appurtenances, alterations, trade fixtures, equipment,
personal property and inventory within the Retail Cart from loss or damage to the extent of their
full replacement value. Operator shall have the right to self-insure the items so long as
Operator maintains a net worth satisfactory to the City. The City may require net worth
documentation up to and including an audited financial statement.
17. The Operator shall maintain a policy of worker's compensation insurance in an amount as
will fully comply with the laws of the State of California and which shall indemnity, insure and
provide legal defense for both the Operator 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 Operator in the course of conducting Operator's business at the Retail
Cart-
1 S. All of the policies of insurance required to be procured by Operator pursuant to the Terms
and Conditions herein shall be primary insurance and shall name the City, its officers,
employees and agents as additional insureds. The insurers shall waive all rights of contribution
they may have against the City, its officers,employees and agents and their respective insurers.
All of said policies of insurance shall provide that said insurance may not be amended or
canceled without providing 30 days prior written notice by certified mail to the City. Prior to the
effective date of this Agreement and at least 30 days prior to the expiration of any insurance
policy, Operator shall provide City with certificates of insurance or appropriate insurance binders
and original endorsements evidencing the above insurance coverages written by insurance
companies acceptable to City, licensed to do business in the state where the Retail Cart is
located and rated A-:VII or better by Best's Insurance Guide. In the event the City determines
that(i)the Operator's activities at the Retail Cart create an increased or decreased risk of loss
to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii)
changes in the industry require different coverage be obtained, Operator agrees that the
minimum limits of any insurance policy required to be obtained by Operator may be changed
accordingly upon receipt of written notice from the City; provided that Operator shall have the
right to appeal a determination of increased coverage by the City to the City Council of City
within ten (10) days of receipt of notice from the City.
Palm Springs International Airport
Eva's Retail Cart#1 3
19. The Operator, as a material part of the consideration to be rendered to City under this
Agreement, hereby waives all claims against City for damages to equipment or other personal
property, trade fixtures, or improvements in, upon or about the Retail Cart and for injuries to
persons in or about the Retail Cart from any cause arising at any time. The Operator agrees to
indemnify the City, its officers, agents and employees against, and will hold each of them
harmless from,any and all actions, suits, claims, damages to persons or property, losses,costs,
penalties, obligations, errors, omissions 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,
operations,or activities of Operator,its agents,employees,subcontractors,or invitees, provided
for herein, or arising from the use of the Retail Cart by Operator, its employees, agents or
customers, or arising from the failure of Operator to keep the Retail Cart in good condition and
repair, as herein provided, or arising from the negligent acts or omissions of Operator
hereunder, whether or not there is concurrent passive or active negligence on the part of the
City, its officers, agents or employees but excluding such claims or liabilities arising from the
sole negligence or willful misconduct of the City, its officers, agents or employees, who are
directly responsible to the City, and in connection therewith:
(a) Operatorwill defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorney
fees incurred in connection therewith;
(b) Operator will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or
activities of Operator hereunder; and Operator agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any
action or proceeding filed or prosecuted against Operator for such damages or
other claims arising out of or in connection with the negligent performance of or
failure to perform the work, operation or activities of Operator hereunder, Operator
agrees to pay to the City, its officers, agents or employees, any and all costs and
expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including, but not limited to legal costs and attorney fees.
20. The parties hereto agree that the State of California is the properjurisdiction for litigation of any
matters relating to this Agreement. The parties further agree that Riverside County, California is
the proper place for venue as to any such litigation and Operator agrees to submit to the
personal jurisdiction of such court in the event of such litigation.
21. The Operator for itself, its successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree. The Operator shall not discriminate on the basis of
race, color, national origin,or sex in the performance of this contract. The Operator shall carry
out applicable requirements of49 CFR part 26 in the award and administration of DOT-FAA-AIP
assisted contracts. Failure by the Operator to carry out these requirements is a material breach
of this contract,which may result in the termination of this contract or such other remedy,as the
City deems appropriate.
22. Any notice given under the provisions of the Agreements shall be in writing and shall be
delivered personally or sent by certified or registered mail, postage prepaid addressed to
Operator at the address set forth on page 1 of this Agreement and the City as follows:
Director of Aviation
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite OFC_
Palm Springs, CA 92262
23. The Operator shall promptly repair or replace any property of the Airport damaged by the
Palm Springs Intemational Airport
Eva's Retail Cart#1 4
0 .
Operator's operations hereunder- The Operator shall not install any fixtures or make any
alterations or improvements in or additions or repairs to the Retail Cart or any property of the
Airport except with prior written approval of the Director of Aviation-
24. The City shall have the right at any time and as often as it may consider it necessary to inspect
the Operator's operations or services being rendered, any activities or operations of the
Operator hereunder. Upon request of the City,the Operator shall operate or demonstrate any
displays owned by or in the possession of the Operator at the Airport or to be placed or brought
on the Airport premises, and shall demonstrate any process or other activity being carried on by
the Operator hereunder at the Airport. Upon notification of the City of any deficiency in any
operation, the Operator shall immediately correct the deficiency or withdraw the machine or
piece of equipment from service, and provide a satisfactory substitute.
25. No signs, posters or similar devices shall be erected, displayed or maintained by the Operator
in view of the general public without advance written approval of the Director of Aviation. Any
unapproved signage may by removed by the Airport without notice at the expense of the
Operator.
26, The Operator's representative specified at page 1 of this Agreement, or such substitute as the
Operator may hereafter designate in writing, shall have full authority to act for the Operator in
connection with this Agreement, do any act or thing to be done hereunder,execute on behalf of
the Operator any amendments or supplements to this Agreement or any extension thereof, and
give and receive notices hereunder.
27. For the rights and privileges set forth herein, the Operator shall pay to the City in advance,
without deduction or offset, the monthly amount shown on page 1 of this Agreement. Said
amount shall be remitted to the City on the first day of each month for each month the Operator
shall be operating the Retail Cart at the Airport. For any period less than a full month, the
Operator's fee shall be prorated.
23- The Operator acknowledges that any payment to be paid by Operator not paid within five (5)
days of its due date shall be subject to a five (5%) late charge.
29- The Operator shall provide the security deposit described on page 1 of this Agreement. Said
deposit shall be paid at the time of approval of this Agreement by the City. Upon termination of
the Agreement and provided that all amounts due the Airport are paid, and the Retail Cart has
been returned to the Airport in the same condition as received by the Operator, subject to
normal wear-and-tear and exposure to weather conditions, the deposit shall be returned to
Operator- In the event fees are not paid or if the Retail Cart is damaged, City shall have the
right, but not the obligation to draw upon the deposit to cover said costs- Upon the termination
of the Agreement any balance of the deposit not drawn against shall be paid to the Operator-
30- Operator shall not sell or keep, used or displayed in or aboutthe Retail Cart(a)pornographic or
sexually explicit books, magazines, literature, films or other printed material, sexual
paraphernalia, or other material which would be considered lewd,obscene or licentious, (b)any
article which may be prohibited by standard forms of fire insurance policies, or(c)any alcoholic
beverages-
31. Operator shall comply with all of the requirements of all municipal, state and federal authorities
in force or which may hereafter be in force pertaining to the use of the Retail Cart and the
operations of Operator at the Airport-
32. Operator shall be responsible for collection of sales tax and must possess a sales tax permit
with a Palm Springs remitting address-
33. Operator agrees to pay prior to delinquency all lawful taxes and assessments which during the
Palm Springs International Airport
Eva's Retail Cart 91 5
term hereof or any extension may become a lien or which may be levied by the state, county,
city,or any other tax-levying body,upon the Retail Cart or upon any taxable interest of Operator
acquired under this Agreement, or any taxable possessory interest which Operator may have in
or to the Retail Cart or by reason of its occupancy thereof or operations thereon, as well as all
taxable property, real or personal, owned by Operator in or about the Retail Cart. Operator
specifically acknowledges that the interest granted under this Agreement may be subject to
possessory interest taxes. Upon making such payments, and upon request by the City,
Operator shall provide the City a copy of the paid receipts and vouchers showing such payment.
With respect to assessments for improvements which are or may be payable in installments,
Operator shall either pay the lump sum tax due or pay the installment portions as they become
due. Even though the term of this Agreement has expired,when final determination is made of
perator's share of such taxes and assessments, Operator shall immediately pay to City the
amount of any additional sum owed.
34. Operator shall provide a complete and proper arrangement for the adequate sanitary handling
of all trash and other refuse caused as a result of the operation of the Retail Cart and shall
provide for its timely removal to the central collection point to be provided by the City. Operator
shall provide and use suitable covered fireproof receptacles for all trash and other refuse on or
in connection with the Retail Cart. Piling of boxes, cartons, barrels, or other similar items in
view of a public area shall not be permitted.
35. In transporting merchandise, products, trash, and refuse associated with the operation of the
Retail Cart to and from the Retail Cart, Operator shall use only carts,vehicles,or conveyances
that are sealed and leak proof.
36. Operator shall not assign this Agreement or sublet the Retail Cart or any interest therein,
without the prior written consent of the City. Any assignment or subletting without the consent
of the City shall be void and constitute an incurable default hereunder.
37. The occurrence of any one or more of the following events shall constitute a default and breach
of the Agreement by Operator: (a) the failure to pay any rental or other payment required
hereunder to or on behalf of the City more than three (3) days after written notice from City to
Operator that Operator has failed to pay rent when due; (b) the failure to perform any of
Operator's obligations hereunder(exclusive of a default in the payment of money)where such
default shall continue for a period of thirty (30) days after written notice thereof from City to
Operator which notice shall be deemed to be the statutory notice so long as such notice
complies with statutory requirements; (c)failure of Operator to operate the Retail Cart for three
(3) or more consecutive days or for a total of five (5) days during any thirty (30) day period
(September through June); (d)the making by Operator of a general assignment for the benefit
of creditors; (e) filing by Operator of a voluntary petition in bankruptcy or the adjudication of
Operator as bankrupt; (f)the appointment of a receiver to take possession of all or substantially
all the assets of Operator located at the Airport or of Operator's interest in the Retail Cart; (g)
the filing by any creditor of Operator of an involuntary petition in bankruptcy which is not
dismissed within sixty (60) days. In the event of any such default or breach by Operator, City
shall have the right at any time thereafter to elect to terminate the Agreement and Operator's
right to possession hereunder.
38. Operator hereby acknowledges and agrees that the Agreement herein granted is not an
exclusive lease and the City shall have the right to deal with and perfect arrangements with any
other individual or individuals, company or corporation to engage in a like Operator activity at
the Airport. In the event that nay contract granted by the city to any other like Operator shall
contain any provisions more favorable to such Operatorthan the terms herein granted,then, at
the option of Operator which option shall be exercised by providing written notice to City within
thirty (30) days of the date Operator receives notice of such more favorable provision, this
Agreement shall be amended to include such more favorable terms and any off-setting burdens
that may be imposed on any such other like Operator. The intent of this provision is to ensure
Palm Springs International Airport
Eva's Retail Cart#1 6
that Operator is competing on as equal of terms as possible with any additional Operator and,
as a result, no other operator shall enjoy any rights, profits or conditions more favorable to such
Operator than those enjoyed by Operator.
39. The Operator, its agents and employees shall conduct and maintain a friendly, cooperative
though competitive relationship with its competitors operating on the Airport. Operator shall not
engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate
the quality of service of its competitors or be incompatible to the best interest of the public at the
Airport. The City shall have the right to resolve all such disputes, disagreements, or conflicts
and its determination shall be final.
40. This Agreement covers in full each and every agreement of every kind or nature whatsoever
between the parties hereto concerning this Agreement, supersedes any and all previous
negotiations, agreements and understandings, if any, between the parties, oral or written, and
merges all preliminary negotiations and agreements of whatsoever kind or nature herein.
Operator acknowledges that City or its agents or representatives have made no representations
or warranties of any kind or nature not specifically set forth herein.
41. This Agreement may be cancelled by either party with thirty (30) days written notice.
(Signature Page Follows)
Palm Springs International Airport
Eva's Retail Cart#1 7
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above-
_ CITY OF PALM SPRINGS
ATTEST: a municipal corporation
Clerk City Manager
APPROVED BY CITY COIII�CIL
PROVED A FOR AP
By:
City Attomey
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)
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Title: O(A)PER Title-
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satisfactory evidence)to be the personWWhose name(p1 istue to be the person(s)whose name(s)islam subscribed to the
subscribed to the within instrument and acknowledged to me that within instrument and acknowledged to me that helshoRhey
helsheFthey executed the same in hlelhentheir authorized executed the same in hislherRheir authorized eapacity(ies),
capacity(iuefi and that by 4rehontheir signature h&j on the and that by hisiherltheir signature(s)on the instrument the
instrument the personK,or the entity upon behalf of which the person(&),or the entity upon behalf of which the person(s)
person(s)acted,executed the instrument. acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
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Notary Signature: 6,--, Notary Signature:
Notary Seal: Notary Seal-
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Palm Springs International Airport
Eva's Retail Cart#1 8
EXHIBIT "A"
(See attached)
Palm Springs International Airport
Eva's Retail Cart#1 9
PALM SPRINGS INTERNATIONAL AIRPORT
RETAIL CART AGREEMENT EXHIBIT "A"
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