Loading...
HomeMy WebLinkAbout00349C - MONTE VISTA HOTEL LAMBERTON MANAGEMENT PA1 Mary Ellen & Clyde Lamberton . Monte Vista Hotel Mgt Agr AGREEMENT #349C Exec. Dir. signed, 3-30-95 HOTEL MANAGEMENT AGREEMENT THIS HOTEL MANAGEMENT AGREEMENT ("Agreement") is made this 30th day of March 1 1995, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public agency, corporate and politic ("Agency") and Mary Ellen and Clyde Lamberton. NOW THEREFORE, the parties hereto agree as follows: 1 .0 SERVICES OF CONTRACTOR 1 .1 Scope of Services . in compliance with all of the terms and conditions of the Agreement, the Contractor shall perform the duties of a hotel manager at the Monte Vista Hotel located at 414 North Palm Canyon Drive, Palm Springs, California 92262 ("Hotel") . Said duties shall included the following: (I) act as managers of the Monte Vista Hotel and as such shall be responsible for supervising the: gardeners, pool man, maintenance man, pest control, housekeepers, and other service workers necessary for the repair and operation of the Hotel; (II) provide repairs and routine maintenance for the Hotel; (III) prepare payroll, keep records of the expense and income of the hotel property, verify and maintain cash balance on a daily basis; (IV) register guests, take reservations, assign maids work, check rooms for damage, survey property for conditions, make up reservations list, answer letters, keep daily occupancy sheets, keep up daily chart and cash log, do promotions and public relations, check the maids in and out; (V) maintain office house - seven days per week from 8 a.m. to 8 p.m. and later under exceptional circumstances, and (VI) contact the City when special services are needed. 1 .2 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of any federal, state or local governmental agency of competent jurisdiction. 1 .3 Reports. No later than the tenth (loth) day of each month during the term of this Agreement and at such other times as the Contract Officer, as hereinafter defined, shall request, Contractor shall give the Contract Officer a written report describing the work performed during the period of time since the last report and accounting for the specific receipts and expenditures of funds hereunder, if any. 2 .0 COMPENSATION 2 .1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be paid the amount of THIRTEEN HUNDRED DOLLARS AND NO CENTS ($1300 .00) per month ("Contract Sum") . 2 .2 Provision of Apartment. The Agency shall provide Contractor with an apartment located at the Hotel ("Apartment") . The Agency shall also pay all utilities with respect to the Apartment excluding telephone charges . Except for short term visits of less than one (1) week, no one other than the Contractor and her husband shall reside in the Apartment. 2 .3 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, including, but not limited to, the submission of reports as required pursuant to Section 1 .3 above, Contractor shall receive the Contract Sum bi-weekly and shall be reimbursed any expenses paid by Contractor which as stated in the report and approved by the Contract Officer. Contractor shall provide the Agency with copies of all receipts for expenses. 2 .4 Provision of Office Supplies . The Agency shall provide Contractor with the necessary equipment to run an efficient Contract-Lamberton March 30, 1995 Page 2 office including desk, chair, typewriter, adding machine and other items as needed. 3 .0 COORDINATION OF WORK 3 .1 Contract Officer. The Director of Economic Development is hereby designated as being the representative of the Agency authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3 .2 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part of the work or services required hereunder without the express written approval of the Agency. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. Any such prohibited assignment or transfer shall be void. 3 .3 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain under only such obligations as are consistent with that role . Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 4 .0 INDEMNIFICATION AND INSURANCE Contractor agrees to indemnify the Agency, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the sole negligence and/or willful misconduct of Contractor. (a) Contractor 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 attorneys fees incurred in connection therewith; (b) In the event the Agency, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of the sole negligence and/or willful misconduct of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents or employees in such action or proceeding, including but not limited to legal costs and attorney's fees. 4 .1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Contract-Lamberton March 30, 1995 Page 3 (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either (i) a combined single limit of $500, 000 .00 or (ii) bodily injury limits of $250, 000.00 per person, $500, 000.00 per occurrence and $500, 000.00 products and completed operations and property damage limits of $100, 000 .00 per occurrence and $100,,000.00 in the aggregate. if the Contract Sum is greater than $25, 000 .00, but less than or equal to $100, 000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of $1, 000,000 .00 for bodily injury, death and property damage or (11) bodily injury limits of $500, 000 .00 per person, $1, 000, 000 .00 per occurrence and $1, 000, 000 .00 products and completed operations and property damage limits of $500, 000.00 per occurrence and $500, 000 . 00 in the aggregate. If the Contract Sum is greater than $100, 000 .00, the policy of insurance shall be in an amount not less than $5, 000, 000 .00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such 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 Contractor 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 Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Additional Insurance. Policies of such other insurance, including professional liability insurance, automotive insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it 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 thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 .1 to the Contract Officer. NO work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binds are approved by the City. The Contractor agrees that the provisions of this Section 4 .1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. Contract-Lamberton March 30, 1995 Page 4 In the event the Contractor subcontracts any portion of the work in compliance with Section 3 .2 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 4 .1 . 5.0 DISCRIMINATION, TERMINATION AND ENFORCEMENT 5.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in this performance of the Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 5.2 Term. The term of this Agreement shall commence on March 30, 1995 for a period of 55 days, until May 23, 1995, except it may terminate earlier upon the closing of the current escrow with Stephen and Claudia Tuckman. 5.3 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon Ten (10) days written notice to the other party. Upon receipt of the NOTICE OF TERMINATION, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the NOTICE OF TERMINATION and Agency shall be entitled to reimbursement for any expenses which have been paid for but not rendered. 6.0 MISCELLANEOUS 6.1 Notice. Any notice, demand, request, consent or approval, or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the address set forth below: To Agency: Director of Economic Development City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 To Contractor: Maryellen and Clyde Lamberton 414 North Palm Canyon Drive Palm Springs, CA 92262 6.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Contract-Lamberton March 30, 1995 Page 5 6.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and understandings, if any between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parities by and instrument in writing. 6.4 Severability. in the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public agency, corporation and politic By: Execu v Dire for ATTEST: Assistant Secretary APWROVEO BY THE CoMttj�j�,A,,a,17y APPROVED AS TO FORM RUTAN & TUCKER _J APPROVED AS TO CONTENT: By A( Di ect r of Ec no is De elopment "Contractor" i � MAIEK1 LAMBE �r�N' Q tics CLYD,F LAMBERTON