HomeMy WebLinkAbout03290 - DESERT HOSPITAL VEHICLE MAINTENANCE MO 5269 Desert Hospital Corp.
Vehicle fleet Mntnce Serv.
AGREEMENT #3290
M05269, 10-20-93
_AGREEMENT FOR
VEHICLE FLEET MAINTENANCE SERVICES
THIS AGREEMENT FOR VEHICLE FLEET MAINTENANCE SERVICES ("AGREEMENT".) is made
and entered into this day of 1993, by and between the
CITY OF PALM SPRINGS (CITY) and DESERT HOSPITAL CORPORATION ("HOSPITAL") .
RECITALS
A. HOSPITAL owns, operates & maintains numerous vehicles ("HOSPITAL
VEHICLES") in the Palm Springs area.
B. HOSPITAL has no facility in the Palm Springs area capable of
maintaining the HOSPITAL VEHICLES or of providing them with
gasoline.
C. CITY owns and operates a City Yard in the City of Palm Springs,
which includes a full-service vehicle maintenance and repair
facility (MAINTENANCE FACILITY) and facilities for the storage
and self-service dispensing of unleaded gasoline ("GASOLINE
FACILITY") .
D. HOSPITAL desires to contract with CITY and CITY desires to
contract with HOSPITAL for CITY to provide HOSPITAL VEHICLES with
maintenance services at the MAINTENANCE FACILITY and self-service
gasoline dispensing at the GASOLINE FACILITY.
AGREEMENT
CITY and HOSPITAL agree as follows:
CITY shall provide and HOSPITAL shall purchase maintenance services and
self-service gasoline dispensing services for HOSPITAL VEHICLES,
pursuant to the following terms and conditions:
1. 0 MAINTENANCE SERVICES
1.1 Provision of Maintenance Services. CITY shall provide
maintenance services to HOSPITAL VEHICLE'S at CITY'S MAINTENANCE FACILITY,
together with road services in the Palm Springs Area.
1.2 Scope of Maintenance Services. CITY shall provide maintenance
services as set forth on the attached Exhibit "A", which is incorporated into
this AGREEMENT by this reference. CITY anticipates reviewing and adjusting
its labor rates annually. CITY expressly reserves the right in CITY's sole
discretion to change the scope of maintenance services provided or the cost
of providing those services, to be effective upon thirty (30) days' written
notice.
1.3 Scheduled of Routine Maintenance Services. Concurrently with
the execution of this Agreement and on or before each succeeding year,
HOSPITAL shall provide CITY a schedule of HOSPITAL VEHICLES and the estimated
dates and nature of routine maintenance services to be provided for those
vehicles. CITY will coordinate HOSPITAL's schedule with the schedule of
CITY and of any other users of CITY maintenance services. The final schedules
will be completed by CITY in connection with its annual budget review process
/�n�
2 . 0 GASOLINE DISPENSING SERVICES.
2.1 Provision of Gasoline Dispensing Services. CITY shall make
available to HOSPITAL its GASOLINE FACILITY for use by HOSPITAL VEHICLES.
HOSPITAL may dispense unleaded gasoline into HOSPITAL VEHICLES at CITY'S
GASOLINE FACILITY at any time the GASOLINE FACILITY is open and operating.
HOSPITAL's right to use the GASOLINE FACILITY is non-exclusive. HOSPITAL
and CITY shall use their best efforts to accommodate other users.
2 .2 Cost of Gasoline Dispensing Services. HOSPITAL shall pay to
CITY for each gallon of gasoline purchased the sum which is equal to the cost
of gasoline to the CITY plus four cents ($0.4) . Cost to CITY shall be the
price per gallon of unleaded gasoline most recently purchased by the CITY
on the date of any monthly billing.
2 .3 Identification Cards. Because the GASOLINE FACILITY gasoline
pumps must be activated by a computer identification card, CITY shall issue
one computer identification card to each person designated by HOSPITAL and
one vehicle identification card for each HOSPITAL VEHICLE designated by
HOSPITAL. HOSPITAL shall pay to CITY the sum of $4.50 for each personal and
vehicle identification card issued. If an identification card is lost or
damaged, CITY shall, upon written notification, replace the lost or damaged
identification card and HOSPITAL shall pay to the CITY the sum of $4.50 for
each identification card replaced.
3. 0 AVAILABILITY OF MAINTENANCE SERVICES
AND GASOLINE DISPENSING SERVICES.
• •
3. 1 Maintenance Facility Hours of Operation. The MAINTENANCE
FACILITY is presently operated five (5) days per week, ten (10) hours per
day, between 7:00 a.m. and 5 pm. , Monday through Friday.
3.2 Gasoline Facility, Hours of Operation. The GASOLINE FACILITY
is presently operated twenty-four (24) hours per day, seven (7) days per week
3.3 Changes in Hours of Operation. CITY makes no representation
that either the MAINTENANCE FACILITY or GASOLINE FACILITY will continue to be
operating at the schedules presently in effect. CITY expressly reserves the
right to set any hours of operation for the MAINTENANCE FACILITY OR GASOLINE
FACILITY which CITY deems to be convenient for itself.
4. 0 BILLING AND PAYMENT.
4 . 1 Billing. CITY shall prepare and present to HOSPITAL, on or
before the loth day of each month that this AGREEMENT is in effect, a bill
and statement for maintenance services performed on HOSPITAL VEHICLES and for
unleaded gasoline purchased by HOSPITAL during the previous month.
4.2 Payment. HOSPITAL shall make full and complete payment of
each bill on or before the last day of the month. Any payment not timely
made shall be subject to a late payment charge of ,!.`+ per month.
5. 0 GENERAL PROVISIONS.
5. 1 Liability Insurance. During the entire term of this
AGREEMENT each party agrees to procure and maintain public liability at its
sole expense or to maintain sufficient reserves in any program of self-
insurance to protect against loss from liability imposed by law for damage
on account of bodily injury, including death, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly or
indirectly from any act or activities of that party or any person acting
for that party or under its control or direction, and also to protect
against loss from liability imposed by law for damages to any property of
any person caused directly or indirectly by or from acts or activities or
that party or any person acting for or under that party' s control or
direction. The public liability and property damage insurance shall also
provide for and protect the other party against incurring any legal costs in
defending claims for alleged loss. The public liability and property damage
insurance shall be maintained in full force and effect throughout the term
of this AGREEMENT in the following minimum limits:
Bodily Injury $ 50, 000 each person
$ 100, 000 each occurrence
Property Damage $ 50, 000 each occurrence
$ 100, 000 aggregate
A combined single limit policy with aggregate limits in the amount of
$100, 000 will be considered equivalent to the required minimum limits. All
insurance provided pursuant to this AGREEMENT shall be primary insurance and
shall name the other party as an. additional insured.
Each party agrees that provisions of this Paragraph as to maintenance of
insurance shall not be construed as limiting in any way the extent to which
a party may be held responsible for the payment of damages to persons or
property resulting from its activities, or the activities of any person or
persons for which that party is otherwise responsible.
5.2 Hold Harmless. Each party to this AGREEMENT agrees, pursuant
to Government Code Section 895.4,, to defend, and indemnify and hold harmless
the other party, its officers, agents and employees, from and against any and
all liability, damages, costs, losses, claims and expenses, however caused,
resulting directly or indirectly from or connected with the indemnifying
party' s performance of this AGREEMENT.
5.3 Service of Notice. Any notice to a party to this AGREEMENT
shall be mailed, postage prepaid and with return receipt personally,
delivered or sent by telephone facsimile transmission, and addressed as
follows:
Desert Hospital Corporation
1150 N. Indian Canyon
Palm Springs, Ca. 92262
1 r/ 7
02
5.4 Entire Agreement; Amendment. This document contains the
entire AGREEMENT between the parties and shall not be changed in any way
except by written amendment properly executed by the parties.
5.5 Termination of Agreement. This AGREEMENT shall continue in
full force and effect unless and until terminated by either party, with or
without cause, upon thirty (30) days with or without cause, upon thirty (30)
days written notice.
By By
DESERT HOSPI AL `CORPORATION CITY OF PALM SPRINGS
A2 /3—e�-?
Date
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
�J City Clerk V;Tg i,aNan), B°v'
41PROVED AS TO FORM
Date
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
Services Provided
Preventive Maintenance $ 32 . 00 per hour
Tire Work $ 32 . 00 per hour
Major Repairs $ 40. 00 per hour
Minor Repairs $ 40. 00 per hour
Road Service $ 40. 00 per hour
Bar 90 Smog Checks $ 20. 00 flat rate
Parts
Cost plus 5%
I��
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Hospital Underwriting RECEIVED Certificate of Insurance
rw Group, Inc, CLAIMS-MADE POLICY
BAN 13 1999 #050-735
DATE ISSUED: December 17, 1997
CITY CLERIC
ISSUED TO: Desert Hospital uJ
ADDRESS: 1150 N. Indian Canyon Drive
Palm Springs, California 92263
RE: American Heart Association Community Training Center
THIS IS TO CERTIFY that insurance has been effected with Hospital underwriting Group,
Inc. , Nashville, Tennessee (the "Company") , under Policy Number 97-050 as follows:
NAMED INSURED: Tenet Healthcare Corporation Desert Hospital
and all Subsidiaries and/or
ADDRESS: 3820 State Street 1150 N. Indian Canyon Drive
Santa Barbara, California 93105 Palm Springs, California 92263
ADDITIONAL INSURED: The American Heart Association is an Additional Insured but only
with respects to the Community Training Center.
COVERAGE: Comprehensive General Liability, Medical Professional Liability, Contractu-
al Liability, Personal Injury Liability, Druggist's Liability, Employer's Liability,
Managed Care Organizations' Errors and omissions Liability, and Employment Practices
Liability WRITTEN ON A CLAIMS-MADE BASIS.
AMOUNT OF INSURANCE: Not less than $25,000,000 per claim.
Not less than $25,000,000 per claim (General Liability) ,
Not less than $50,000,000 annual aggregate.
Not less than $50,000,000 annual aggregate (General Liability)
SELF INSURANCE RETENTION: $1,000,000 per claim
POLICY TERM: June 1, 1997 at 12:01 A.M. to June 1, 1998 12:01 A.M. STANDARD TIME at
the address of the Named Insured.
THIS CERTIFICATE is not transferable and may be cancelled by giving thirty days
written notice to the party to which this certificate is issued prior to the
effective date of the cancellation of the insurance described herein.
THIS CERTIFICATE is for information only; it is not a contract of insurance,
but attests that a policy as numbered herein, and as it stands at the date of this
Certificate, has been issued by the Company. Said policy is subject to change by
endorsement and cancellation in accordance with its terms.
EFFECTIVE DATE OF THIS CERTIFICATE: June 1, 1997.
CERTIFICATE EXPIRES: June 1, 1998, unless cancelled sooner.
cc: Tenet Healthcare Corporation SIGNED BY:
Risk Management Department
14001 Dallas Parkway, Suite 200 /v
Dallas, Texas 75240 ASSISTANT SECRETAR
P/Y 1997/98 Form 66.97
25 Century Boulevard • Suite 103 • Nashville,TN 37214-3688 (615) 885-5333 • FAX(615)885-5983
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE
Page 1 of 3 OS/31/2001
PRODUCER 877-559-(5769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11201 N. Tatum Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 300 �„_-
Phoenix, AZ 8502E SF Y^'u6�Dr INSURERS AFFORDING COVERAGE
INSURED
Tenet Healthcare Corporatioxf� INSURERA-American Home Assurance Con an (19380-901)
13737 Noel Road f�, �/�'/ ji'�i
Suite 100 Y �+ qq -0 i�, INSURERS Insurance C an of the State of Penns 1 (19429-000)
Dallas, TX 75240 �' CQ�p ^ INSURER C.
\,'J �,�Q G"/ INSURER D:
ti,( r"u .M_.e INSURER E
COVERAGES ``^'
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IITP TYPE OF INSURANCE POLICYNUMBER PDATE( MIOUNYE PDATE MMPIDON�N LIMITS
A GENERALLIABILITY 6124621 06/01/2001 06/01/2002 EACHOCCURRENCE $ 3,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $
_ CLAIMS MADE n OCCUR_ _ MED EXP(Anyone person) 5
PERSONAL&ADV INJURY $ 3,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'LAGGREGATE LIMIT APPLIESPER PRODUCTS-COMP/OPAGG S 3,000,000
X POLICY JE, ElO, LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALLOWNEDAUTOS
BODILY rpar INJURY $
SCHEDULED ADTDS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (PeraccldenQ $
PROPERTY DAMAGE $
(Per accident)
GARAGELIABILITY AUTO ONLY-EA ACC I DENT a
ANYAUTO EAACC a
OTHERTPAN
ADTOONLV. qGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND (MA,TN) 5276927 06/01/2001 06/01/2002 TWoRvIIMIrS DER
EMPLOYERS'LIABILITY
A (ADS) 5276926 06/01/2001 06/01/2002 EL EACH ACCIDENT $ 11000.000
EL DISEASE-EAEMPLOYEE $ 1,000,000
EL DISEASE-POLICY LIMIT $ 1,000,000
A OTHER (CA) 5276928 06 7 Ol 2001 06 01 20 22
A WORKERS COMPENSATION AL,CA,LA 5276929 06/01/2001 06/01/2002 EA. ACCIDENT_ $1,000,000
DISEASE-EA. EMPLOYEE: $1,000,000
DISEASE-POLICY LIMIT: $1,000,000
DESCRIPTION OF OPERATIONS&OCATIONSNEHIC LESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The Certificate Holder is included as an Additional Insured, but solely
as respects to liability arising out of the Named insured's Operations
or premises owned by or rented by Named Insured, excluding contract or
Agreements for Professional Services, and subject to the terms and
conditions of the referenced policy and as Required by Written Contract.
THIS CERTIFICATE OF LIABILITY INSURANCE MAY BE RELIED UPON ONLY IF THE ATTACHMENT REFERRED TO
HEREIN IS ATTACHED HERETO.
CERTIFICATE HOLDER asDITIONAL INSURED;INSURER LETTER: CANCELLATION, a au da s Lo. non.Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
City of Palm Springs REPRESENTATIVES.
P.O. Box 2743 RIZEOR PRES���ATIVE
Palm Springs, CA 92263 ,^
ACORD 25-S(7/97) Coll:69473 Tpl:12354 Cert:247240 1 0 ACORD CORPORATION 1988