HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (17) SIXTH AMENDMENT TO AGREEMENT
FOR TOURISM SERVICES
This Sixth Amendment ("Sixth Amendment") is made and entered into this 15°' day of
November, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation
("City") and SMG, a Pennsylvania general partnership ("Manager").
RECITALS
A. On or about April 15, 1998, City and LMUHHI, Ltd., a Texas limited partnership
("LMI") entered into the "Agreement for Tourism Services" ("Agreement'), pursuant to
which LMI agreed to organize, manage and coordinate all advertising, licensing,
marketing and public relation activities that promote the City for recreational, cultural,
educational, entertainment, professional, social, corporate and other activities.
B. On or about April 5, 2000, City approved LMI's assignment of LMI's duties and
obligations under the Agreement to Manager.
C. The original term of the Agreement was five (5)-years, such that the original Agreement
would have expired on June 30, 2003.
D. On June 18, 2003, City and Manager entered into the "First Amendment to Agreement
for Tourism Services" ("First Amendment"), which extended the team of the Agreement
for ninety(90) days, to allow the parties to begin negotiating a new agreement.
E. On October 1, 2003, City and Manager entered into the "Second Amendment to the
Agreement for Tourism Services" ("Second Amendment"), which extended the tern of
the Agreement an additional sixty (60) days, to allow the parties to continue negotiating
the new agreement.
F. On December 3, 2003, City and Manager entered into the "Third Amendment to the
Agreement for Tourism Services" ("Third Amendment"), which extended the tern of the
Agreement, once again, to allow the parties to continue negotiating the new agreement.
G. On March 3, 2004, City and Manager entered into the "Fourth Amendment to the
Agreement for Tourism Services" ("Fourth Amendment"), which extended the tern of
the Agreement, until June 2, 2004, to allow the parties to continue negotiating.
H. On May 5, 2004, City and Manager entered into the "Fifth Amendment to the Agreement
for Tourism Services" ("Fifth Amendment"), which extended the tern of the Agreement,
until October 6,2004, to allow the parties to complete their negotiations.
9n5/2004 Page 1 of
I. City and Manager have worked diligently over the past several months and have drafted a
tentative agreement. Both parties are now reviewing that agreement. Due to the
complexity of the agreement, Manager does not believe that there is sufficient time to
properly review the draft agreement prior to the current expiration date as set forth in the
Fifth Amendment and has requested an additional thirty (30) days to complete their legal
review.
I. City and Manager desire to extend the tern of the Agreement for an additional thirty (30)
days to enable the parties to complete their legal review of the draft agreement.
AGREEMENT
The recitals contained above are incorporated herein by reference and the Agreement is
hereby amended as follows:
1. Section 5.3 "Tenn" is amended to read as follows:
"5.3 Term. The term of this Agreement shall extend to
November 6, 2004, unless earlier terminated in accordance with
Section 9.7 or 4.2 of this Agreement, or until this Agreement has
been superseded by an amended and restated agreement."
2. Except as expressly provided herein, all other terns and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this Sixth Amendment to be
effective as of the Date first written above.
CITY OF PALM SPRINGS, a municipal
corporation
By:
City Manager
ATTEST: SMG, a Pennsylvania general partnership
By:
City Clerk Name
Title
APPROVED AS TO FORM:
City Attorney
9n5/2004 Page 2 of 2
MINUTE ORDER NO.
APPROVING THE SIXTH AMENDMENT TO THE AGREEMENT
FOR TOURISM SERVICES WITH SMG
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I HEREBY CERTIFY that this Minute Order, approving the Sixth Amendment to the Agreement
for Tourism Services with SMG was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the15th day of September, 2004.
PATRICIA A. SANDERS
City Clerk