HomeMy WebLinkAbout04256 - NANCY DORIA AIRLINE MARKETING MO 6673 City of Palm Springs
Office of the City Clerk
(760) 323-8205
• �4LIFOV- MEMORANDUM
r v _
Date:
To:
From: City Clerk f
AGREEMENT # �1,2 A
Please let us know the status of the above/agreement, and if it may be closed.
TERMINATION DATE OF AGREEMENT:
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
1�
Date & Initials
�W
CLOSE AGR
'Signature
PLEASE RETURN TO THE OFFICE OF THE CITY CLERK,
r
• Nancy A. Doria
Airline Marketing Program
AGREEMENT 14256
M06673, 8-2-00
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
AIRLINE MARKETING PROGRAM
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this
25th day of July 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein
"City")and Nancy A.Doria(herein"Contractor"). (The term Contractor includes professionals performing
in a consulting capacity).
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 work or services set forth in the "Scope of Services" attached
hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all work and services
set forth in the Scope of Services 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 the City and any Federal,
State or local governmental agency of competent jurisdiction.
1.3 Licenses Permits,Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses,permits and approvals as may be required by law for the performance of the services
required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"B"and
incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty-five
Thousand Dollars($25,000)("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of
this Agreement, Contractor shall be paid as outlined in Exhibit'B", Schedule of Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Nancy A. Doria is hereby designated as being the
principal and representative of Contractor authorized to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Director of Aviation is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith("Contract Officer"). The City Manager of City shall
have the right to designate another Contract Officer by providing written notice to Contractor.
PS2\276\099999-3000\2022693.2 .09/22/95
Revised 09/01/98
-1-
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein maybe assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City. Any such prohibited
assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City 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 City 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 City.
4.0 INSURANCE AND INDEMNIFICATION
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 a per occurrence basis in an amount not less than either(I) a
combined single limit of $1,000,000.00 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. If the Contract Sum is greater than$500,000.00,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) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (I) bodily injury
liability limits of$500,000.00 per person and $1,000,000.00 per occurrence and property damage
liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined
single limit liability of$1,000,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including Professional
Liability Insurance, as may be required in the Scope of Services, Exhibit "A".
All of the above policies of insurance shall be primary insurance and shall name the City,its officers,
employees and agents as additional insureds,except that the City shall not be named as an additional insured
for the Worker's Compensation Insurance nor the Professional Liability Insurance. 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.
rS2\276\099999-3000\2022693.2 .08/22/95
Rrnxd 09/01/98
-2-
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 binders are approved by the City.
The Contractor agrees thatthe provisions ofthis 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.
The insurance required bythis Agreement shall be satisfactory only if issued by companies qualified
to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better,unless
such requirements are waived by the City Manager or designee of the City due to unique circumstances.
4.2 Indemnification. Contractor agrees to indemnify the City, 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,
including paying any legal costs, attorneys fees, or paying any judgment(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, but excluding such claims or liabilities to the extent caused by the negligence or willful
misconduct of the City.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until January 25, 2001.
5.2 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. hi the event of termination by the City, Contractor
shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of
termination and for such additional services specifically authorized by the Contract Officer and City shall
be entitled to reimbursement for any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that,by and for itself, its
heirs,executors,assigns and all persons claiming under orthrough 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 the performance of this 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.
r52@96\099999-3000M22693 2 .08/22/95
Rem,.d 09/01/98
-3-
6.2 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor,or any successor in interest, in the event of any default or breach
by the City or for any amount which may become due to the Contractor or to its successor, or for breach of
any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any
third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
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 by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm
Springs, California 92263, and in the case of the Contractor,to the person at the address designated on the
execution page of this Agreement.
6.5 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.
6.6 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.
6.7 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
unenforecability shall not affect 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.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's
consent to or approval of any act by the other party requiring the party's consent or approval shall not be
deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party
in such action or proceeding,in addition to any other relief which may be granted,whether legal or equitable,
shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment.
FS2@76\099999-3000\2022693 2 m09122/95
Revised 09/01/99
-4-
6.10 Corporate Authority. The persons executing this Agreement 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 Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any
provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
_Corporation)
CONTRACTOR:
ATTEST: By: ,l' A C `v )y Si ❑ature (Not„a�rized)
6 P r i n t
Name&Title'
e
City Clerk
APPROVED AS TO FORM: By:
Signature (Notarized)
--- Print Name & Title
City Attorn U
Mailing Address:
(END OF
SIGNATURES)
(Corporations require two signatures: One from each of the
Following: A. Chairman of Board, President, any Vice �i �rt'r "QIF-® ��TH
President:AND B.Secretary,Assistant Secretary,
Treasurer,Assistant Treasurer,or Chief Financial Officer).
CITY OF PALM SPRINGS,
a municipal corporation i
,TB �.��� "��'�`�;`T`' City
Manager
(Check one: _Individual_Partnership
F52@76\099999-3000\2022693 2 .08/22/95
Rcvaed 09/01/98
-5-
ALL-PURPOSE ACKNOWLEDGEMENT
U
State of Cani
=
SS.
County of0&'1"5 i,
On �r c /d before me, e•� ✓}' O
(DATE) (NOTARY) (�
personally appeared A .
sloNeR(s)
e sonally known to me O - ❑ proved to me on the basis of satisfactory
evidence to be the person/ whose name(y,
isle subscribed to the within instrument and
acknowledged to me that he/ ie they executed
the same in his e,,/their authorized
-,„ , titi� capacity(i s), and that by his/ er/their
4Z,
M.MO RMDE signature ( ) on the instrument the person,ca L 012370My� ' NbterypUbk-California y or the en tity upon behalf of which the
s►1owmRIVERSIDECOUNTY - person( acted, executed the instrument.my t nnxrG Exp.Oct,16,2003 )
(
WITNESS my hand and official seal.
NOTARY'S SIGNATURH
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acicnowl-
edgemenl to an unauthorized document. )
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT )
❑ INDIVIDUAL ') D
❑ CORPORATE OFFICER C ZJL1 ' '�— -��r`'
( TITLE OR TYPE OF DOCUMENT
'I'I'I LE(S)
❑ PARTNER(S) �✓
❑ ATTORNEY-IN-FACT UMB ,R OF G S
❑ TRUSTEE(S) / )
❑ GUARDIAN/CONSERVATOR _
DATE OF OC MENENT
❑ OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IES) �-
OF E
SIGNER
12
D�J� OOC�CCOG� CU
APA 5/99 VALLEY-SIERRA, 800-362-3369
e
EXHIBIT"A"
SCOPE OF SERVICE
Contractor shall perform 240 hours of work to carry out the following functions:
No Tasks Schedule % Completed
1. PLANNING TASKS Project Hours
Implement Action Plans for Carriers Specifically for the 35 hrs
Remainder of 00/01 Fiscal Year Focus on American,
Continental and Northwest for Expanded Services;
Initiate Meetings with Targeted Carriers to Discuss and
Establish Service, Schedules Fares and Promotional 35 hrs.
Opportunities;
Devote Such Time as May Be Necessary for the Purpose
of Planning and Developing Airline Service To/from 35 hrs.
Palm Springs International Airport;
2. IMPLEMENTATION TASKS Project Hours
Conduct Presentations via Airport Offices to Promote 10 hrs.
Airline Service focus on American. Continental and
Northwest for Expanded Services
Contact Targeted Carriers and Solicit Prospective Users 20 his.
of Palm Springs International Airport
Via Airport Offices,Coordinate Negotiations and Attend 10 hrs.
Meetings with Targeted Car-iers,
Establish and Review Priorities by Airline; 10 hrs.
Propose Basic and Customized Promotions Based on 10 hrs.
Airline Needs; Focus on American, Continental and
Northwest for Expanded Services
3. GENERAL TASKS Project Hours
Respond to Inquires to the City Professionally and 10 hrs.
Promptly;
Provide Monthly Status Reports on Activities; 10 hrs.
Interact with Local Media via Airport Offices; 10 hrs
Interface with Appropriate City and Governmental 10 hrs.
Entities as Required via Airport Office;
Interact with PSP Tourism,PSDRCVA and Hoteliers 35 hrs.
to Increase Understanding o`Airline Traffic Patterns
Availability and Enhance Sales Efforts via Airport
Offices
EXHIBIT "B"
FS21276\099999-3000Q022693 2 .08/22/95
Rev,sed 09/01/99
-6-
SCHEDULE OF COMPENSATION
Contractor to be compensated at a rate of$87.50/hr. To a maximum of 240 hours during the term of the
contract to complete the tasks outlined in Exhibit"A"plus reimbursable expenses. The parties acknowledge
that during the six(6)months industry activity may require a greater effort in one of the three task areas than
indicated on Exhibit"A". If this is occurring,Contractor shall seek, in writing,approval to adjust the hours
in the various tasks. Contractor shall invoice the City once each month and shall itemize hours worked based
on work items listed in Exhibit "A". If a request is made for travel outside a fifty-mile radius, expenses
incurred are to be reimbursed by City at cost. The City will reimburse Contractor for agreed upon expenses
including travel, meals, mileage, insurance and entertainment, at actual cost.
F52\276\099999-3000\2022693.2 .09122/95
Revised 09/01/98
-7-
CERTIFICATE OF ROMANCE �(� OF pq� '
'rhle Rnlfl"Met G STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Ilpnok
®STATE FARM GENERAL INSURANCE COMPANY, Bloorn ngton,Ilarroie O�? 73 rl 1
irfI tNm following polloyryofder for The coverall"Indlcata+l below:
None of pol"older NANCY 9LIR T 4 --
R .
Addref%0Pollcyhoicla — 45302 Yale ,Stre6t
Indio, CA 92201-4945
Lmmfibn or omativns
POL IOY NUMBER TYPE OP INSURANCE POLICY PERIOD LIMITS OF LIABILITY
[11eg11Ye Dab i FaPkaflon Dab
LX7 Compithenavo 017877 0 101 28/nTi
New P o 1 i CY. ............ G.narAl UabMty. _„..,,, . BODILY MJUIRY
....... __......._....,I„__-.......___-_... Dual L'mia for.
[] Menuf%murera ord Each O=Irrenca $ _
cantraolore LlabRrp _
..... ........,_..
Ovman,Landldfde.
and,Tenems Llacil. PROPERTY DAMAGE
...,.,-.__....,....._...�. . .... ...............-.
This Inem•vmr IhOlUdem 0 Pmducta•Completed Operation Aggreggle•
❑ owners or Cohlracton Protective LIoUlty BODILY INJURY AND
0 Contraotuo!LleMniy BODILY TY DAMAGE
G Professional Errors and Ornanion. Comnaled Slnple Limit tor:
G Broad Farm Property Damage Each Occwrrecee 11000,000
Broad Form CompreherlslM General LiftWirty Agprrgete Uou
- —
POLICY PERIOD CONTRACTUAL LIAEILITY LIMITS Gf d(IheM(frdn otove)
POLICY NUMBER TYPE OF INSURANCE Effective Dab 1114*40en Dote BODILY INJURY
Each DcwrrMos
PROPERTY DAMAGE
Fmon Ocwrreirm
Agg"te
T`. EKCII LIABILITY j BODILY INJURY AND PROPERTY DAMAGE
(Catttbiled Seigle LMIt1)
I� UmprNle Flesh Oecurrence S
C] OTna— Aggmp.is S
Pelt 1 STA"ORY
❑ WoRcers'Compensation Plot 2 BODILY INJURY
and CmployerE Uebgey Each Amident S
DIM"Loch Emplom S
nls"se.Poloy LImM S
"'W.I.a M..dlYtl.11 OWE.,tant.e4 Y,1 T1gMr l.1lnr X�..MYdV)•1 elrwtW N.MwY,m.aMrvn,ah r wnwY,n
THIS CVRTIFRATC OF INWRANCE 19 NOT A CONTRACT OF INSURANCE AND NEITlI[R AFFIRMATIVELY MDR NEGATIVELY AMRNDS,ExTEM*,OR
ALIVI' THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HYR[IN.
Nome and Address of Cenifolte Folder
let-4
Aw NeulnWMel.,r�e.ry.
Additional Insured _State Farm A9en
City of Pa1m,5prjngs T,,
3200 TahNlotz Canyon Way nl/281200��_
Palm Springs, California, 92262 — --
.o..•cm..r..
OORIA 8854
Tnn
$',dd L`if:4;7(� SOWN EAST F4111
NYdNitlYd 3.LYSS;YI7fOC 3SOf' 96LSZ9t6T9 XYd CS:Lo NOW OD/TC/TO
0 0
GEICO GENERAL INSURANCE COMPANY
ADDITIONAL INSURED ENDORSEMENT
Named Insured and Address: Effective Date of Endorsement: 10-09-00
NANCY A DORIA Policy Number: 405-76-00
PO BOX 13190
PALM DESERT CA 92255-3190 Policy Period 10-09-00 to UNTIL TERMINATED
t12:01 A.M.Standard Time) (12:01 A.M Standard Time)
This policy includes coverages for which limits are shown below.
Description of Car#1: 99 DODGE 2B4GP24R3XR184751
Description of Car#2:
Description of Car#3:
COVERAGE LIMITS OF COVERAGE
CAR#1 CAR#2 CAR#3
Bodily Injury Liability $ 100 M and $ 300 M $ M and $ M $ M and $ M
(each person) (each occurrence) (each person) (each occurrence) (each person) (each occurrence)
Property Damage Liability $ 50M $ $
(each occurrence) (each occurrence) (each occurrence)
Uninsured Motorist $ 30 M and $ 60 M $ M and $ M $ M and $ M
(Bodily Injury) (each person) (each occurrence) (each person) (each occurrence) (each person) (each occurrence)
ADDITIONAL INSURED
These coverages also apply to the Additional Insured; but, the limit of our liability is not increased by the inclusion of the
Additional Insured.
20 days written notice will be given the Additional Insured in the event of any:
I. Cancellation; or
2. Material change
in the liability coverages during the policy year.
Name and Address of Additional Insured:
CITY OF PALM SPRINGS
ATTN PATRICIA A SANDERS
3400 TAHQUITZ CANYON WY
PALM SPRINGS CA 92262
Countersigned by Authorized Representative
Ue-so(M-84)