Loading...
HomeMy WebLinkAbout0273C - DAVID & JAN COKE - MONTE VISTA HOTEL COKE ASSISTANT MANAGER PA1B1 David & Jan Coke, Asst. Mgr. Monte Vista Hotel- PA1131 AGREEMENT #273 ,,- HOTEL ASSISTANT MANAGEMENT AGREEME R803, 9-4-91 AKFj14 t THIS HOTEL ASSISTANT MANAGEMENT AGREEMENT ("Agreemenr 1 rs matle this -- day of 4Z2-1-,.( , „ 1991, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF-PALM SPRINGS, CALIFORNIA, a public agency, corporate and politic WAgency") and DAVID and JAN COKE (Contractor"). 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 this 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 include the following: (1) supervising the hotel during evening hours; (II) remaining on- call for emergencies three nights per week; (III) supervising the operations of the Hotel on the Hotel Manager's days off; and (IV) providing routine maintenance services for the Hotel while on duty. the hours that the Contractor is on duty may be adjusted by the manager of the Hotel or the Contract Office. Contractor shall also perform any additional services requested by the Contract Officer. Contractor warrants that all work and services set forth herein will be performed in a competent, professional and satisfactory manner. 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 (1 Oth) 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 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 FOUR HUNDRED SIXTY-ONE DOLLARS AND FIFTY-FOUR CENTS ($461.54) ("Contract Sum"). the Agency shall also reimburse Contractor for any expenses paid by Contractor with respect to its duties under the Agreement. 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 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 reimburse 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. 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. - 1 - ' ) 0 4.0 INDEMNIFICATION 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. 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 15, 1991 for a period of 30 days and shall continue monthly thereafter if approved in writing by both the Agency and the Contractor. 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 To Contractor: David and Jan Coke 414 N. 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 cancels any and all previous negotiations, arrangements, agreements 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. - 2 - �� - 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 parities 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, cor K. litic By: \ xecutive Director "Agency" ATTEST: Ass('sjapf Secretary APPROVED AS TO FORM: RUTAN & TUCKER s , fler(r David J.(,'leihire City Attorney APPROV -A3-'Tp-GONTENT: / By: � Dir for of Economic Development By: Its: Motion No.: �a DAVID COKE / JAN CO-KE ' "Contractor" . David & Jan Coke F . Monte Vista Hotel Asst. Mgr. PA1B1 - Mo-to-Mo HOTEL ASSISTANT MANAGEMENT AGREEMENT AGREEMENT #273 R794, 7-3-91 THIS HOTEL ASSISTANT MANAGEMENT AGREEMENT ("Agreement") is made this ,g'Y- ' day of C1zv�; 1991, by and between the ENT AGENCY-0 -PALM SPRINGS, CALIFORNIA, a public agency, corporate and politic ("Agency") and DAVID and JAN COKE ("Contractor") . 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 this Agreement, tFe-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 include the following: H ) supervising the hotel during evening hours; (ii ) remaining on-call for emergencies three nights per week; (iii ) supervising the operations of the Hotel on the Hotel Manager's days off; and (iv) providing routine maintenance services for the Hotel while on duty. The hours that the Contractor is on duty may be adjusted by the manager of the Hotel or the Contract Office. Contractor shall also perform any additional services requested by the Contract Officer. Contractor warrants that all work and services set forth herein will be performed in a competent, professional and satisfactory manner. 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 obis 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 expenditures of funds hereunder, if any. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contrac or s a e paid the amount of FOUR HUNDRED SIXTY-ONE DOLLARS AND FIFTY-FOUR CENTS ($461.54) ("Contract Sum" ) . The Agency shall also reimburse Contractor for any expenses paid by Contractor with respect to its duties under the Agreement. 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 shall reside in the Apartment. 2.3 Method of Payment. Provided that Contractor is not in default under the erms o is greement, 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 are stated in the report and approved by the Contract Officer. Contractor shall provide the Agency with copies of all receipts for expenses. 3.0 COORDINATION OF WORK 3.1 Contract Officer. The Director of Economic Development is hereby designated as being the representative 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 wiUh any entity to perform in woe or in part Hotel Assistant Mana Ont Agreement Page 2 _ 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 con ro 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 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 negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, and in connection therewith: (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) Contractor will promptly pay any judgment rendered against the Agency, 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 or services of Contractor hereunder; and Contractor agrees to save and hold the Agency, its officers, agents, and employees harmless therefrom; (c) 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 or in connection with the negligent performance of or failure to perform the work or services 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 attorneys' fees. 5.0 DISCRIMINATION, TERMINATION AND ENFORCEMENT 5.1 Covenant Against Discrimination. Contractor covenants that, by and for itsel , i s eirs, 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 July 3, 1991 for a period —o7-75 days and shall continue monthly threafter if approved in writing by .both the Agency and the Contractor. " Hotel Assistant Manageftt Agreement Page 3 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 To Contractor: David and Jan Coke 414 N. Palm Canyon Drive Palm Springs, CA 92262 6.2 Interpretation. The terms of this Agreement shall be construed in actor ante wi a 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 cancels any and all previous negotiations, arrangements, agreements 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 parties by an instrument in writing. 6.4 Severability. In the event that part of this Agreement shall be declared inva i 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, corpora and litic By: Execut Director "Agency" ATTEST: 951-s,an ecre ary ` Hotel Assistant ManagOnt Agreement Page 4 APPROVED AS TO FORM: RUTAN & TUCKER David —x eni re City Attorney APPROVED A TO CONTEND. By: f' ec or o ce omic uev9 I opmen APPROVED BY C-I-TY--COUNCIL: �! (? c� By: Its: �yn Motion No. : n,- a j, I+�� �^ ) "Contractor" 1