HomeMy WebLinkAbout00344C - MONTE VISTA HOTEL PAPPAS MANAGEMENT PA1B1 Maureen Pappas
Hotel Management Agr
Monte Vista Hotel - PA1B1
AGREEMENT #344C
CM Signed, 9-30-94
HOTEL MANAGEMENT AGREEMENT
THIS HOTEL MANY EME4PT-.AGREEMENT ("Agreement") is made this aA
_ day of 1994, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
CALIFOR_I IA, ( a publirc!_�gency, corporate and politic ("Agency") and
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 assistant 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 ONE THOUSAND
DOLLARS AND NO CENTS ($1, 000 .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
-' IfiLCry/�L'1^� 4
CONTRACT - PAPPAS
September 30, 1994
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:
(a) Comprehensive General Liability Insurance. A policy
of comprehensive general liability insurance written on
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CONTRACT - PAPPAS
September 30, 1994
Page 3
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 (ii) 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.
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
CONTRACT - PAPPAS
September 30, 1994
Page 4
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 September
30, 1994 for a period of 30 days and shall continue monthly
thereafter if approved in writing by both the Agency and the
Contractor.
5.3 Termination Prior to Expiration of Term Either party may
terminate this Agreement at any time, with or without cause,
upon Thirty (30) 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: Maureen Pappas
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.
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
CONTRACT - PAPPAS
September 30, 1994
Page 5
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 date first written above.
�/ of COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a public
" agency, corporation and politic
By: -
xe utiv D rector
ATTEST: "Agency"
Ass\s%tant Secretary
APPROVED AS TO FORM
RUTAN & TUCKER
DaVid'a7. Aleshire
City A�torney
Vy<C
APPROVED AS TO CONTENT:
By cci
DVor of E�omic Development
By:
Its: Epp
M -tire:: l"��� 4tpJl4-L-4 P,L,
„Contractor" rk �,: ,_