HomeMy WebLinkAbout12/15/2004 - STAFF REPORTS (4) DATE: December 15, 2004
TO: City Council
FROM: Director of Aviation
EXTENSION TO CONTRACT SERVICES AGREEMENT FOR AIRPORT ADVERTISING
RECOMMENDATION:
That the City Council approve an amendment to the Contract Services Agreement between
Airport Displays, Ltd. and the City of Palm Springs for airport terminal advertising.
SUMMARY:
The requested action would extend the present Agreement with Airport Displays, Ltd. to
continue advertising sales services at Palm Springs International Airport.
BACKGROUND:
Contract Services Agreement#4043, for Advertising in the Airport Terminal Building between
the City of Palm Springs and Airport Displays, Ltd., commenced on January 1, 1999 and will
continue in full force and effect until December 31, 2004. Paragraph 3.4 of said Agreement
allows that the term may be extended by the City for an additional five years commencing
January 1, 2005 and continuing in full force and effect until December 31, 2009 if the City is
satisfied that the airport's advertising technology does not lag behind technological change.
Airport staff has completed a review of the advertising technology currently being utilized. Over
the past five years, Airport Displays, Ltd. has provided significant upgrades to existing
equipment and has added a new directional map/brochure rack, new direct-dial telephone
board, four new plasma screens, new backlit information center, new pillar wrap program and
a new banner sales program at a cost to them of approximately$90,000. In addition, they have
performed work and donated services well beyond the scope of the Agreement at minimal or
no cost to the airport. These projects included: consultation, design and coordination of the
airport's outdoor advertising campaign; design, production and installation of internal ceiling
banners; design, production and printing of airport brochures; and advising staff on Multi-City
Direct Flight Routing Campaign. Airport Displays, Ltd. has also aided the airport by providing
photography at special events and assisting with the Sculpture and Art Project.
Staff has presented the results of the aforementioned review to the Airport Commission and
they are satisfied that current technology employed in the airport does not lag behind
technological change and is currently state-of-the-art. As a result, the Airport Commission
requests City Council approval of Amendment No. 2 to the existing Agreement. This
jndment extends t Dor an additional five years.
Director of Aviation
APPROVED:
City Manager
Attachments: REVIEWED BY DEPT. OF FINANCE 1
1. Minute Order
2. Amendment
12/08/2004 11 :57 FAX 849 223 1180 ALESHIRE & WYNBER, LLP 12002/003
A4041
...........
ADVER:FISING IN AIRPORTTERMINAL AND PUBLIC ARTPLACEMENT. SING... .........-... ................ . ........
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AMI.,"NT)M. 1-'NTN(.). 2TO CONTRAC"I' SkRVICEN AOREFIMENTNO. A4043
ADVERTISING IN AIRPORT TERMINAL AND PUBLIC' ART PLACEMrNIT ON THE M. 1a
VALLEY PARKWAY A1100M EXTENSION ROAD ("Anicidment") is entered into this
—day of December 2004, by and between tile City of Palm Springs, a California
municipal corporation, (,*('ity") and a ("Lilifomia limited
parts cshiln ("Contractor").
RUCITALS
WI IEREAS, the City and Contractor entered into that certain Contract Services
Agrecmunt Advertising in Airport Terminal, No. A4041, eillective December 2, 1998
("Agreement-), and
WI IUFAS, the 01y has reviewed 1headvadsing technology boint;utilized [IV Coll(rklc(or
under the Agrecillellt, -jjld is satisfied that the advell'isill" technology being utilized by
1101 Ing
behind technological change in tile, illdlisti,y.
MILREAS, in IiiOit of-tile City's finding regarding ConL-Iletor'S Utilization of satisfactory
advertisingtalmology, Lessor and Lessee mutually desire to extc:nd the term of'the Agreement lb-r
five (5)Years in accordance With the lcmils of Section 1A of theAgreenlent;
NOW, TIJURIA ORI.i, in considol,41(joll offlic Promises and covenants collwilled herein, the
above recitals, and Other good and valuable consideration, the rc,:ciptand sufficiency of which
are hereby acknowledged, the parties hereto agree asfollows:
A G R 1:; 1 7 M I-, N T
Extell.",ion of"Ferm. Ill 'accol-dance with the provisions Of':'ection 3.4 ofthe Agreement,the
City llel"Cby UpprQVQS ',Lll eXtellSjoll (,)('tile temi oftbe Agreement for all additional five (5) years,
C0,1111lencingJanuary 1, 2005 and continuing in full force and eflect until December 31, 2009, as
authorized under Section 3.4 of the Agreement.
2. )u c ajoll. The Person(s) CXCCLItill� this Amcndraic:iI on behalf parties I S leret(
warrant that(i)such party is duly organized and existing,(J) they xL duly authorized to execute and
deliver 11lix Amendment on bcIM11'01"ilid (iii) by so ONCCUtilIg this Amendment,Such parry is,
lbrol"111Y bOU"Id to the provisions of this Amendment,and(iv.)the entering into this Amendment does
AV )—
12/09/2004 11 :57 FAX 949 223 1100 ALESHIRE & WVNDER, LLP f¢J003�003
not violate arty provision of any other aprecmci'it t(:) which said party is bound,
rec aalcl h.PI'cet. 1' xccLri as expressly herein nu diliul. (he icrms, covenants and
3. 1'u 10� _._.
conditions of Lhe Agreement shall remain unmodified and in full force and effect.
IN WI'I`NPiSS Wl-ll:!,Rj-(Oj'. tile, pg;,tics hereto have caused thcs� presents to be executed on the
....................... day of December, 2004.
"City„
C:I'i'Y 01; 1'./\I.,,M SPRINGS, ('AUVORNIA
Att"t;
1.3y�
City Clerk City Manager
APPRCY)-.',l}, S 'IOFORM:
City Attorney —
"Contractor'
AIRPORT DISPLAYS, LTD, a California
limited partnership
By:
Name:
'1'itic:
Ry: ....--__
Name:
Title:
AMENDMENT NO. 2 to CONTRACT SERVICES AGREEMENT NO. A4043
ADVERTISING IN AIRPORT TERMINAL AND PUBLIC ART PLACEMENT
ON THE MID-VALLEY PARKWAY AIRPORT EXTENSION ROAD
This AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A4043
ADVERTISING IN AIRPORT TERMINAL AND PUBLIC ART PLACEMENT ON THE MID-
VALLEY PARKWAY AIRPORT EXTENSION ROAD ("Amendment") is entered into this
day of December , 2004, by and between the City of Palm Springs, a California municipal
corporation, ("City") and AIRPORT DISPLAYS, LTD, a California limited partnership
("Contractor").
RECITALS
WHEREAS, the City and Contractor entered into that certain Contract Services
Agreement Advertising in Airport Terminal, No. A4043, effective December 2, 1998
("Agreement"); and
WHEREAS, the City has reviewed the advertising technology being utilized by Contractor
under the Agreement, and is satisfied that the advertising technology being utilized does not lag
behind technological change in the industry;
WHEREAS, in light of the City's finding regarding Contractor's utilization of satisfactory
advertising technology, Lessor and Lessee mutually desire to extend the term of the Agreement
for five (5) years in accordance with the terms of Section 3.4 of the Agreement;
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the
above recitals, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Extension of Term. In accordance with the provisions of Section 3.4 of the Agreement, the
City hereby approves an extension of the term of the Agreement for an additional five (5) years,
commencing January 1, 2005 and continuing in full force and effect until December 31, 2009, as
authorized under Section 3.4 of the Agreement.
2. Due Execution. The person(s) executing this Amendment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such
party is formally bound to the provisions of this Amendment, and (iv) the entering into this
Amendment does not violate any provision of any other agreement to which said party is bound.
3. Full Force and Effect. Except as expressly herein modified, the terms, covenants and
conditions of the Agreement shall remain unmodified and in full force and effect.
C,4
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
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures:One from each of the following:A.Chairman of Board, President,or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer.
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
State of } State of 1
County of }ss County of }ss
On beforeme, On before me,
personally appeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal: Notary Seal:
MINUTE ORDER NO.
APPROVING AMENDMENT NO.2 TO CONTRACT
SERVICES AGREEMENT #4043 WITH AIRPORT
DISPLAYS, LTD., IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, EXTENDING THE
CONTRACT TERM FOR THE PROVISION OF
ADVERTISING SERVICES AT PALM SPRINGS
INTERNATIONAL AIRPORT.
I HEREBY CERTIFY that this Minute Order, approving Amendment No.2 to
Contract Services Agreement #4043 with Airport Displays, Ltd., in a form
acceptable to the City Attorney, extending the contract term for the provision
of advertising services at Palm Springs International Airport, was adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof held on
December 15, 2004.
KATHIE HART
City Clerk
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