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HomeMy WebLinkAbout04185 - AIRPORT NANCY DORIA AIRLINE MARKETING MO 6549 City of Palm Springs Office of the City Clerk (760) 323-8205 C, \t MEMORANDUM Date: To: From: City Clerk AGREEMENT # Please let us know the status of the above agreement, and if it may be closed. STATUS: completed COMPLETED: July 2, 2001 REMAIN OPEN UNTIL: Date & Initials CLOSE AGR 4— S� ignatuie. PLEASE RETURN TO THE CITY CLERK 41 ancy A. boric rlinc Marketing Program AGREEMENT#4185 M06549, 12-15-99 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR AIRLINE MARKETING PROGRAM THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this 1st day of January 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 bereto 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 die 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. F52Q761099999-3000U=693.2 mOSI=195 Rwind W01198 -1- 33 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 may be 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, [node 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 FS21276k099999.9000¢022693.2 M08/22195 Revised 09/01/96 -2- • i 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 die 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 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- The insurance required by this 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 tie 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 .June 30, 2000. 5.2 Termination Prior to Expiration of Tenn. Either parry 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. In 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 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 the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during MU76\099999-3000\2022693 2 mOB/22195 gevised 0g/01/98 -3- employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 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 parry 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 unenforceability 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 parry'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 parry 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, die prevailing party Fs=M099999.3 0 \=6932 mOX22195 Revised 09/01/98 -4- 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. 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 ent ed into this Agreeme t as of the date first written above. By: C-Y�- City Manager (Check one: /Individual Partnership _,kTT- _ Corporation) Q1 CONTRACTOR: iL2 City Clerk B 4, Snature (Notarized) APPROVED AS TO FORM: �r>4jey 4, t- g,,4 LG/VS�c�i9rt�_ Print Name & Title City Attorney By: Signature (Notarized) Print Name &Title APPROVED BY THECITYCOUNCIIG BY s. KO. S�/ Mailing Address: rnog192 �� go( 131�0 _ _ ��4U7 _ zzSS (END OF SIGNATURES) (Corporations require two signatures: One from each of the Following: A. Chairman of Board, President, any Vice President AND B. Secretary, Assistant Secretary, Treasurer,Assistant'rreasurer, or Chief Financial Officer). CITY OF PALM SPRINGS, a municipal corporation P62II76W99999.30W@022693 2 m08122/95 Fkevhxd 09/0/198 -5- EXHIBIT "A" SCOPE OF SERVICE Contractor shall perform 240 hours of work to cara out the followinY functions: No Tasks Schedule % Completed 1. PLANNJNG TASKS Project Hours Develop Action Plans for Carriers, Specifically for 15 hrs. the Remainder of 99/00 Fiscal Ycar Focus on American Continental and Norrhwest for Expanded Services; Initiate Meetings with Targeted Carriers to Discuss 5 lus. Service, Schedulcs, Fares and Promotional Opportunities: Devote Such Time as May Be Necessary for the Purpose of Developmenr Airline Service To/from 30 hrs. Palm Springs International Airport; 2. IMPLEMENTATION TASKS Project Flours Conduct Presemarions to Promote Airline Service: 15 hrs. Contact and Solicit Prospective Users of Palm 20 hrs. Springs Interrlatiopal Aimort Coordinate Negotiations and attend meetings with 40 hrs. Carriers. Based upon Established Planes Establish and Review Priorities by Airline: 15 hrs- Propose Basic and Customized Promotions Based on Airline Needs 15 hrs. 3. GENERAL TASKS Project-Hours Respond to Inquires to the City Professionally 15 hrs. and Prompdy7 Provide Monthly Status Reports on Activities: 10 hrs. Interact witb Local Media via Airport Offices: 5 lu's. Interface with Approprime City and Governmental Entities as Required via Airport 15 hrs. Office Interact with PSP Tourism, PSDRCVA and 40 hrs. Hoteliers to Increase Undemanding of Airline Traffic Patterns, Availability and Enhance Sale Efforts via Airport Offices r5M2961099999-3DDO12022693 2 mOd/22/95 Revised 09/01/98 -6- EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall be compensated at the rate of$3500 per calendar month plus reimbursable expenses_ 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. F521276%099999-3000\2022693.2 m08l22195 Revised 09/01/99 -7- �-+r�+ To:PATRICIA A SANS From:Gcico Direct Insurance __ 20-J-i�O 12:47 page 2 of 2 GEYCO -r�vemmeat Employees Inawance Company -rSICO Genaral Insurance Company -GSIC0Indemnity Company pp W aehington nC 4EIC0 Ceaualty Company �k VE97IGA.TiON OF COVERAGE l6 INSURED Policy Number: 40576000 Effectiva Date: 1 0-09-99 NANCY A DORIA Expiration Date: 04-09-00 P❑ BOX 13190 Registered state: CA PALM DESERT CA 92255-3190 To whom it may concern: This letter is to verify that we have Issued the policyholder coverage under the above policy number far the dates indicated in the effec- tive and expiration data fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. Vehicle Year: f 999 Make: DODGE Model: GR CARAVAN VIN: 2B4GP24R3XR 184751 COVERAGES LIMITS DEDUCTD3LES BODILY INJURY LIABILITY $100,000f$300, 000 PROPERTY DAMAGE LIABILITY $50, 000 MEDICAL PAYMENTS $5,000 LIM & UNDERINSURED MOTORIST $313, 000/$60, 000 NON DEDUCTIBLE COMPREHENSIVE $260 QED, COLLISION $500 DED./WAIVER EMERGENCY ROAD SERVICE NON DEDUCTIBLE RENTAL REIMBURSEMENT $760 NON DEDUCTIBLE X Lienholder X Additional Insured ,Leasing Company CITY OF PALM SPRINGS 3400 TAHQUITZ CANYON WY PALM SPRINGS CA 9Z252 Additional Information: ISSUED ; 01/ZB/2000 If you have any additional questions,please call 1-800-341.3000. 0-33(1-96) w GEICO GENERAL INSURANCE COMPANY ONE GEICO PLAZA, WASHINGTON,D. C. 20076 DATE OF NOTIFICATION 09-01-00 NOTICE OF COVERAGE -LIENHOLDER-AUTOMOBILE PHYSICAL DAMAGE INSURANCE 99 DODGE 2B4CP24RSXR134751 r P47tij COLLISION: $500 DED./WAIVER COMPREHENSIVE: $250 DED. So POLICYHOLDER �ED" CITY OF PALM SPRINGS ATTN PATRICIA A SANDERS NANCY A DORIA 3400 TAHQUITZ CANYON WY / PO 60X 13190 PALM SPRINGS CA 92262 [ PALM DESERT CA 92255-3190 POLICY NUMBER: 405.76-00 POLICY TERM: 10-09-00 TO 04-09-01 REG JV 8 -04 LJ-32 (1-85) Any claim under the Physical Damage Coverages of the poliev will be paid jointly to the insured and die Lienholder in the Declarations. The Lienholder must notify us if he becomes aware, of any increased hazard or change of ownership o£the auto or he will lose all of his rights under this policy. If the insured fails to file with us a Proof of Loss within 91 days after the loss, the Lienholder must do so within the follow- ing 60 days. The policy provisions on Lime of payment, appraisal and the right to sue us applies both to Lienholder and the Insured. We may settle a claim at our option by separate payment to the insured and the Lienholder. Whenever we pay the Lienholder, wo shall be subrogated to the Lienholder's rights of recovery to the extent of the payment. If the policy is in effect as to the Lienholder but has been cancelled as to the insured, the Lienholder must assign the loan to us if we ask and we pay the full amount due. We. will mail notice to the Lienholder at least 10 days before we cancel his interest in the policy. OF-316-C(4.04 GEICO GENERAL INSURANCE COMPANY 311�� ADDITIONAL INSURED ENDORSEMENT Named Insured and Address: Effective Date of Endorsement. 10-05:Q0NANCY A DORIA Policy Numbcr: 405-76-00 PO BOX 13190 PALM DESERT CA 92255-33 90 Policy Period 10-09-00 to UNTIL TERMINATED (12:01 A.M.Standard Tinto) (12.01 A M.Standard Time) This policy includes coverages for which limits are shown below. Description of Car#1: 99 DODGE 2B4GP24RIXR194751 Description of Car it2: Description of Car 43: COVERAGE LIMITS OF COVERAGE GAR#1 CAR#2 CAR#3 Bodily Injury Liability $ 500 M and $ 1 MNM $ M and S M $ M and $ M (each person) (each ou=muce) each person) (each ncnMence) (eduh parson) (each occurrence) Property Damage Liability $ 50M S $ (each occurrence) (each ocnurrcnue) (each occurrence) Uninsured Motorist $ 30 M and 5 60 M $ M and $ M S M and $ M (Bodily Injury) (each person) (Lack occurrence) (each person) (each nccurr=CL) (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 n-:ittcn notice will be given the Addibonal Insured in the event of any 1. Cancellation; or 2. Material change in the liandity coverages during the policv year. Name and Address of Additional lnsored: CITY OF PALM SPRINGS ATTN PATRICIA A SANDERS 3400 TAI-1QUITZ CANYON WY PALM SPRINGS CA 92262 Countersigned by Authorized Representative UC-20(M-84)