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HomeMy WebLinkAbout05118 - EVAS AT PALM SPRINGS AIRPORT RETAIL CART OPERATING AGREEMENT NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT For Retail Cart#2 Eva's at Palm Springs Airport At Retail Cart Operating Agr. Palm Springs International Airport AGREEMENT#5118 MO 7688, 6-15-05 GENERAL PROVISIONS — - —The City of Palm Springs, a municipal corporation ("City') hereby grants to the Operator hereinafter named, a license 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: None Partial Month Rental Payment: $ 416.66 (Due on September 15, 2005) Monthly Rental Payment: $ 833.33 (Due on the first of each month for that month) Final Partial Month Payment $ 416.33 (Due on July 1, 2006) Commencement Date: September 15, 2005 Term: One (1)ten (10) month 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. Retail Cart Identification & Location: Retail Cart#2 Location: As shown on Exhibit "A" 1 Palm Springs International Airport Retail Cart Agreement 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 Executive Director — Airports monthly gross sales statistics in a form and content satisfactory to the City by the 1 oth 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 anytime. 4. The initial list of merchandise / services including prices to be displayed / offered on or from the Retail Cart, and any subsequent changes to the list of merchandise / services / prices offered must be approved by the Executive Director — Airports in writing. Any proposed Changes to prices, other than sale prices, seasonal inventory reduction and adjustments made as a result of new original designs must be first reviewed and approved in writing by the Executive Director—Airports. 5. Additional space adjacent to the Retail Cart may not be used for any purpose without advance written approval from the Executive Director—Airports. 6. Operator will not change hours or days of operation specified herein without prior written approval from the Executive Director — Airports except during periods of extreme weather conditions. 7. The Operator shall be responsible for all merchandise displayed on the Retail Cart. The Operator shall be 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 Executive Director—Airports. 9. The Operator shall keep the Retail Cart in excellent physical / operating condition during the Agreement term. The Operator shall inspect the Retail Cart on a daily basis with respect to its cleanliness, operation, physical appearance, and function. If repairs or maintenance are necessary, Operator shall immediately advise the Airport Operations Center. The Operator shall be responsible for the cost of all maintenance and/or repairs to damage to the Retail Cart as a result 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 an 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. 2 Palm Springs International Airport Retail Cart Agreement 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 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. 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 $100,000 per person, $300,000 per occurrence, $50,000 property damage or a combined single limit of $300,000. Said policy shall name the City and its officers, agents and employees as additional insured's. The Operator shall deliver certificates of insurance evidencing the coverage required herein. 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 Car 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 indemnify, 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. 18. 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 insured's. 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 evidencing the above insurance coverage's written by insurance companies acceptable to City, licensed to do business in the state where the 3 Palm Springs International Airport Retail Cart Agreement 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's 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. 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 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 or its employees and 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) Operator will 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 proper jurisdiction for litigation of any matters relating to this Agreement, and service mailed to the address of Operator set forth herein shall be adequate service for such litigation. 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: 4 Palm Springs International Airport Retail Cart Agreement (a) 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 of 49 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: Executive Director—Airports 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 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 Executive Director—Airports. 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 and / 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 make good 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 i n view of the g eneral p ublic without a dvance written a pproval of the Executive Director—Airports. Any unapproved signage may by removed by the Airport at the expense of the Operator. 26. The Operator's representative herein before specified for such substitute as the Operator may hereafter designate in writing, shall have full authority to act for the Operator in connection with this Agreement, and to do any act or thing to be done hereunder, and to execute on behalf of the Operator any amendments or supplements to this Agreement or any extension thereof, and to give and receive notices hereunder. 27. For the rights and privileges set forth herein, the Operator shall pay in advance, without deduction or offset, the City 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. F or any period less than a f ull month, the operator's fee shall be prorated. 28. 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 a security deposit. Said deposit shall be paid at the time of the Agreement issuance. Upon termination of the Agreement and provided that all amounts 5 Palm Springs International Airport Retail Cart Agreement 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 about the 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 not 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 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. 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 determinations is made of Operator'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 6 Palm Springs International Airport Retail Cart Agreement 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 Operator than 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 a ny o ff-setting b urdens t hat m ay b e i mposed on any s uch o ther I ike O perator. T he intent of this provision is to ensure 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. 7 Palm Springs International Airport Retail Cart Agreement 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 _ - __ B�' pW t2,v.tie[°y1-C.w..l�•.^tlr"`d.�S`Yl' g�` ''�-"�`dF'',>�,�-�"f✓ C11 Zlerk F City Manager APPR ®B`f C9TY COUNCIL APPROVrR: Check FORM: ,,(((, (pf) 1'yjr ? vry ' ',';i B y City A oCONTRACT one:t•°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: �i:/^• (i .� i/�%,ill By: //''v `gignature(notarized) Signature (notarized) Name: ��° �� 16y)-sZc 'S rfur in Name: Title: Title: ll State of 4/�t Fo/d/yl A State of 1 County of lC.Il� SyDc%�ss County of Iss O n t A/L G-2+2D06 b e f o r e m e On before me, S�a-rrz�y A • �i /c�.sCSav personally appeared e r�s� ,o,�," n a I y a p p e a r e d personally known LH f A&C ST-'OA ( persoctal[y-knows to me(or proved to me on the basis of satisfactory evidence) 4e a (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the to be the person(s) whose namefp is/are subscribed to the within instrument and acknowledged to me that he/she/they within instrument and acknowledged to me that-he/she/they executed the same in his/her/their authorized capacity(ies), executed the same in Ne/her/their-authorized capacity(, and that by his/her/their signature(s)on the instrument the and that by•iis/hedtheii, signature(,e'j on the instrument the person(s),or the entity upon behalf of which the person(s) person(O, or the entity upon behalf of which the person(svf acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand aaeal. (//�� Notary Signature: � />,"L'—;�Notary Signature: Notary Seal: (/ Notary Seal: w SHIR:EY A. DICKSON NComm.N 1367128 �fl !-+ •° NOTARY PUBLIC-CALIFORNIA Uf Riverside County My Comm Expires Aug.1� O 200604 8 PALM SPRINGS REGIONAL AIRPORT RETAIL CART AGREEMENT EXHIBIT "A" RETAIL CART#1 PLAY RETAIL CART#2 , STRUCTURE , GATE / / PUTTING CONSTRUCTION FENCE % GREEN LJ SECURITY \ CHECKPOINT �G LPG c�TFS O� 07/06/2303 13:45 N0.843 P002 SK CERTHOLDER COPY STATE P-O. 6OX 420807, SAN FRANCISCO,CA 94142-0807 iT `( OF PALM b' 1 ���:', COMPSN'SATION n n I N SUFtANCE 2605 JUL -71 l-:j� 2= E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-24-2005 GROUP: t;,I T i C L POLICY NUMBER: 1795382-2004 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 11-01-2005 11-01-2004/11-01-20D5 CITY Or PALM SPRINGS SK DEPT OF BUILDING & SAFETY P O BOX 2743 PALM SPRINGS CA 92263 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. , This policy is hot subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy he cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �'Uul, Id, e . AUTHOR1ZED REPRESENTATIVE PRESIDENT STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER I KARLS'TROM, EVA AND PERELRA, MARK DBA: EVA•S 167B S LA REINA WAY APT A !I PALM SPRINGS CA 922134 i [SC2,CN] IREV.2-051 PRINTED 06-24-200S AGGRO CERTIFICATI: OF LIABILITY INSURANCE 0S/0/02/05OS PRGDucTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORAIVRON - ARIZONA CENTRAL INS. AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6700 NORTH ORACLE RD, #323 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TUC'SON AZ 8S704 PHONE#(800)678-0062 INSURERS AFFORDING COVERAGE _ WpAruti EVA KARLSTROM ..-. lwuH ;NATIONWIDE INSURANCE COMPANY R+euRGa B EVA'S;LOC 1 OF 2 NeuRERc: 1675 S LA REINA WAY #A WGumn O: PALM SPRINGS, CA 92264 WVAReR p; COVERAGE3 .. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANOING ANY REtlUIREMENT, TERM OR CONDITION OF AIJY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESGFOOED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGAEGAYE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Min— — TAMV ERFLTWE PMIxY FATAITAlR1N t" TYPE OF Wi 944CE POLICY NUMBER HATE fMMIPa+YI GATE aLWDOA/I ... WIYL DINMAL UAEIHTT AUWOS5-A002386 05/28/0.5 OS/28/06 FAcH occurmmm 1 1, 000, 000 A Y CO�MERGAL GENERA�L LJIII�OIUIT FIRE DAMAGE(ATy a,TR M) 1 100, 000, CLAIMS MADE I v l OCCUR WO Elm(AN ERA Mi ) S NONE PRODUCTS SOLD:EATS; SWEATSHIRTS POWNALAAOYNAVRY s 1, D00, 000 TANK TOPS;TSHIRTS;VISORS OINERALAGGREGATE s 3, 000, 000 GrNI AGGREGATE APPLES PER,UMT APP PER, momm-comelOP AGO s 3, 000, 000 PgJOY I JECT LOC A.190100blll LIABILITY _ COMPYF.D SINGLE LIMIT i AHvnura N/A tEr•__�^') ALL DIMAED AMOS -- EODE.Y INAIM 1 SCnfOVLED ALTOS (P.ry,eN _— HRFD AUTOS NO OMM AUTOS (hOILY�INrNIgY 1 -- ...� PROPERTY DAMAGE S (PH Acctlmd GARAGE uma" AUTO ONLY-G Accum S MY AUTO N/A _ - OTHER THAN FA ACC s MITO ONLY: AGG EACEp wlllTY EACH OCCURRENCE s —�OCCUR 0"w RUDE " AGGREGATE i 1 DEGUCTISLE 1 Af W*N i WGRRBII An Io RM.LaYYRe'LIDDAalIUTVAeILm -- El.EACH ACCIDENT i EL.DISEASE-FA EIAPLOYfE i N/A — E.L.OGEASE-POLICY LWR i OTHER A EXClUei011s *INLINE STORE* OIIVOII W OF G.ESWTpNSILLCAtMNIA'OIIELftMX=iN)Ni ADDED N BACI1lF?ifMliIFCILL lRWoeIDNe oeeianAreo r.u�sA wiv LOCATION:PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHQUITX CANYON WAY PALM SPRINGS, CA 92262 *PREMIUMS ARE FULLY EARNED AT TIME OF INCEPTION—NO REFUNDS! •SEE PACE 2 FOR ADDITIONAL INSURED ENDORSEMENT/CERTIFICATE HOLDER--PLEASE SEE PAGE 3 FOR PRODUCT COVERAOEEXCLUSIONS- CERTIT1CATE HOLDER ✓I AODmaNAL WWREO(NINIRM UMW. CANCELLATION SHGLHD ANY OE THE MONT DESCRND INOUCIES N GNCB OMDRE THE UIRRAROR OAR TH=WR THE MONO INNINII WILL MORAVA TO IIAL __3 O-GAY! WIIRTIN 11 ME TO THE Cf)111RCAR HOLDER HAM TO IRE LEFT,OUT EAILUM YO bO 10 SHALL ATTN: SPECIALTY LEASING 1110211E NO ONWhTIOR ON TMROTW OF MY REEL UPON THE WWHER,"AGeWNI OR FARED TO: RUNESMAYM AU'IHDAXEO Af}IIHEMTA7NE RC ACORD 25-S (7117) DACORD CORPORATION Ion ALL MONEY RECEIVED IS FULLY EARNED, NO REFUNDS 0 . a 77nP- nLl 07n0 7A, 1 117P UI LIP 0 Prn7 7 1OIAI ARIZONA CENTRAL INSURANCE AGENCY 6700 NORTH ORACLE ROAD,SUITE#323 TUCSON,ARUONA 85704 TOLL FREE: 800-078-0062 FAIL: 520-575-1528 CERTIFICATE OF LIABILITY INSURANCE CONITWED, PAGE 2 30 Day notice of cancellation Is required INSURED: EVA KARLSTROM NAME OF BUSINESS:EVA'S DBA.-LOC 1 OF 2 LOCATION: PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHQUITX CANYON WAY PALM SPRINGS, CA 92262 760-320-9077 ADDITIONAL INSURED: THE CITY PF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT CERTIFICATE HOLDER: PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHOUITX CANYON WAY PALM SPRINGS, CA 92262 ATTN-. JANET LEASING MGM FAX: tr 'd ZMAN SZ99 W ON RIM 900Z 'Z 'AuN ACORD CERTIFICATE OF LIABILITY INSURANCE 105/0/O__ Pn°Ducm THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ARIZONA CENTRAL INS. AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6700 NORTH ORACLE RD, #323 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TUCSON AZ 85704 PHONE ljw)67$-0062 INSURERS AFFORDING COVERAGE IHNunm EVA KARLSTROM IW-SERA NATIONWIDE INSURANCE COMPANY Alwnm a; EVAIS:LOC 2 OF 2 ++suRsnC; 1675 S LA REINA WAY #A ALILWR D. PALM gPRINGS, CA 92264 INSURER __— GOYERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED-NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PCOCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. IM n — -' "W ee��A++A quCY u TgN �. LTM TYPE OF WOURAWCE POLICY MUYE�I OAl�IM1YWM1 DA1E IMWPLIA'TI I1MR5 . dMMAL WNW" AJW095-AO02366 05/28/05 05/26/06 EADH occvwmN I 1, 000, 000 A V' CwMERcIAL DENEBAk 4uawn F1W DAMAGE(AM We M.) s 100, 000 JJIT_ aws MALI, FT Gccu; 1 Exo-�.A mu moo) I NONE --- PRODUCTS SOLD:HATS;5WEATSHIRTS PERSONAL AAD✓NJURY 11, 000, 600 TANK TOPS;TSHIRTS;VISORS DEETEALAGEREGAYE s 3, 000, 000 °EMIR C(NEDr p L ATELWR,VPLE''SSPPER: RIODUCIS-COMPAPA30 A 3, 000, 000 POLICY I 1 P Y I LOG _ AROMDSCE LIMIMY COMBINED SINGLE LIMIT m_ANY AUTO N/A (a AaVK I ALL OWNED AUTOS ecmy";TY _ 5CHEGULE0 AUTOS (POr Sc'.) _—HIRED AUTOS WDILY INJURY NON-DMRED AUTOS RyI A.Idvo J PAOPEnTY OAMAGE _ JFd1 A..'H.DI L&mw ANJRRV AUTO ONLY.EA ACCIDENT i ANY AUTO N/A OTHER THAN EA ACC 3 AUTO ONLY: AGO E EXCESS LIABILITY OCH 00WRRENDE P OCCUR GLNMB MADE AGORCOAYE S _ A _ OEOUCTIBLE 7 _ RETENnON I N/A WORKERS COMPOSITION AND L TS I HOER CMFLOYBRS'UAIIUTY EACH ACCIDENT I EL.DISEASE-EA ENI I N/A EL.GREASE-PINACY LIMIT A .., GYMRL A Exclusions *INLINE STORE* OE'XRTETnN OFONAATIONNLOEATI°MLYENIClF1F%CEVEIDus MOM IT MOFR EMWOIPBCML PROVIam nt0i,NAM WI*H%ONLY LOCATION:PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHQUITX CANYON WAY PALM SPRINGS, CA 92262 *PREMIUMS ARE FULLY EARNED AT TIME OF INCEPTION-NO REFUNDS! °SEE PAGE 2 FOR ADDITIONAL INSURED ENDORSEMENT/CERTIFICATE HOLDER'-PLEASE SEE PAOE 3 FOR PRODUCT COVERAGE EXCLUSIONS* CERTIFICATE HOLDER JrAoonwml.NNIIIFO;NNMEH LETTER, w CANCELLATION _ SHOULD ANY OF THE ABOVE DFADRIBED.OUSSER ILK GNOTL.FD ARFORE THE EEPSIATION DATE THEREOF,WE EWMNB MURIA WILL WOEAVOIT W MAIL .-_30 DAY* wMn TEA NOTICE TO WE OMDROATE XOIDSEI RAISED TO THE LEM BUT FABURE TO 00 SO SMALL ATTN: SPECIALTY LEASING BBOSS NO OBUGAmm on LIABILITY OF ART RPIO MN THE INSURER,ITS,ACENTS DB FARED TO: IWARSSENAVAL AUTHOR®R ESMTATM RC ACOBO 254 (7197) - OACORD CGRPORATION NYAB ALL MONEY RECEIVED IS FULLY EARNED, NO REFUNDS I 77nC• nAI P7nP 71,I n7P WJnP• P nnn7 • 7 IOW ARIZONA CENTRAL INSURANCE AGENCY 6700 NORTH ORACLE ROAD,SUITE#323 TUCSON,ARIZONA 85704 TOIL FREE: 800-678-0462 FAX:520-575-1528 CERTIFICATE OFLGIBILITYINSURANCE CONTINUED, PAGE 2 ' 30 Day notice of cancellation is required INSURED: EVA KARLSTROM NAME OF BUSINESS:EVA'S DBA:LOC 2 OF 2 LOCATION: PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHQUITX CANYON WAY PALM SPRINGS, CA 92262 760.320-9077 ADDITIONAL INSURED: THE CITY PF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT CERTIFICATE HOLDER: PALM SPRINGS INTERNATIONAL AIRPORT 3400 E. TAHQUITX CANYON WAY PALM SPRINGS, CA 92262 ATTN: JANET LEASING MGM FAX: I A N09•ON 8b9S dh1 Odd wdiE:� �ooa a yew City Council ACTION SUMMARY June 15,2005 Page 2 2.13. STAFF AUTHORIZED AGREEMENTS FOR MAY 2005: ACTION: Receive and file Staff Authorized Agreements covering the period May 1 through May 31, 2005. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21287 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED MAY 21, 2005;" and 2) Adopt Resolution No. 21288 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1005681 THROUGH 1005908 THE AGGREGATE AMOUNT OF $2,741,006.47." Approved as part of the Consent Calendar removing Warrant No. 1005740 and directing staff to return with that Warrant on June 29, 2005. 2.D. PROPOSED TEN-MONTH LEASE AGREEMENTS WITH EVA'S AT THE PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Approve Minute Order No. 7688, approving lease agreements between the City of Palm Springs and Eva's at Palm Springs �c(\ International Airport, in a form acceptable to the City Attorney, for the operation of two (2) retail merchandise units ("Retail Carts") for a period of ten (10) months; and 2) Authorize the City Manager to execute all necessary documents. A5117 and A5118. Approved as part of the Consent Calendar. 2.E. PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE NEW REGIONAL HOLDROOMS, FAA PROJECT EXPAND TERMINAL HOLDROOMS-ADD CHECKPOINT PHASE 3 (PART 2), CITY PROJECT NO. CP2005-10: ACTION: 1) Approve Minute Order No.7689, approving plans and specifications for the construction of the New Regional Holdrooms, FAA Project Expand Terminal Holdrooms-add Checkpoint Phase 3 (Part 2) and City Project No. CP2005-10, and the engineer's construction cost estimate of $15,500,000; and 2) Direct staff to proceed with the solicitation of bids for Project No. 2005-10. Approved as part of the Consent Calendar. 2.F. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND ACCOUNTING REPORTS FOR SEVEN PUBLIC NUISANCES: Removed from the Consent Calendar for separate discussion. 2.G. THE NAMING OF THE PALM SPRINGS POLICE DEPARTMENT FIRING RANGE IN HONOR OF COMMANDER JAMES A. HEAZLETT: Removed from the Consent Calendar for separate discussion. 2.H. CASE 5.1047 — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CONCEPTUAL APPROVAL OF THE MOVIE COLONY TRAFFIC CONTRACT ABSTRACT Contract Company Name: Eva's at Palm Springs Airport Company Contact: Eva Karlstrom Summary of Services: Retail Cart Operating Agreements Contract Price: N/A Funding Source: N/A Contract Term: Through July 15, 2006 Contract Administration Lead Department: Aviation Contract Administrator: Lawrence D. Wedekind Contract Approvals Council/ Community Redevelopment Q�15lOS Agency Approval Date: Minute Order/ Resolution Number: MO 7688 Agreement No: A5117 and A5118 Contract Compliance Exhibits: Signatures: Insurance: ✓ Bonds: f l�fl Contract prepared by: Lawrence D. Wedekind, Landside Operations Manager Submitted on: June 22005 By: Lawrence D. Wedekind 716105 of enr.rh s; A� r A � MEMORANDUM 'dQ11Y4� °�tiraxa`� TO: Larry Wedekind Landside Operations Manager FROM: Kathie Hart, CIVIC Chief Deputy City Clerk DATE: July 21, 2005 SUBJECT: Eva's at Palm Springs Airport A5117—Cart 1 A5118 —Cart 2 Attached are three (3) copies of the above referenced agreements. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach.