Loading...
HomeMy WebLinkAboutConcierge Training 2010AGREEMENT TO PROVIDE CONCIERGE TRAINING PROGRA M THIS AGREEMENT is made and entered into in the City of San Luis Obispo on thi s /5r day of 47121,2010 by and between the CITY OF SAN LUIS OBISPO, a municipa l corporation, hereinafter referred to as City, and ; the SAN LUIS OBISPO CHAMBER O F COMMERCE, INC ., a nonprofit corporation, hereinafter referred to as Contractor . WITNESSETH : WHEREAS,the City desires to contract with the Contractor to provide a concierge trainin g program for hotel front desk staff; an d WHEREAS,the City's Tourism Improvement District Board received a proposal from th e Contractor to this effect at its March 2010 regular monthly board meeting ; an d WHEREAS,the Tourism Business Improvement District Board recommended contractin g for the proposed services to establish a concierge training program in its budget deliberation s during its June 2010 regular monthly board meeting ; an d WHEREAS,the Contractor is qualified to execute the proposed services and trainin g classes presented to the Tourism Business Improvement District Board . NOW THEREFORE,in consideration of their mutual promises, obligations, and covenant s hereinafter contained, the parties hereto agree as follows : 1.TERM .The term of this Agreement shall be from July 1, 2010 until June 30, 2011 . 2.INCORPORATION BY REFERENCE .The scope of work, attached as Exhibit A t o this agreement is incorporated herein by reference . 3.REPRESENTATION FOR PROGRAM COORDINATION . 3 .1 City .The City Manager or his or her designated representative shall be th e Project Manager representing the City for all purposes under this agreement . 3 .2 Contractor.Contractor shall assign a single Project Manager to have overal l responsibility for the progress and execution of this agreement for the Contractor at th e commencement of the term of this agreement . Lindsey Miller, Director of Marketing of Contractor , is designated as the Project Manager . Should circumstances or conditions subsequent to th e execution of this document require a substitute Project Manager for any reason, the Projec t Manager designee shall be subject to the prior written approval by the City Project Manager . 4.CITY'S OBLIGATIONS .For providing services as specified in Exhibit A to this Agreement, and upon receipt of monthly invoices with attached copies of work order forms, bills , and detailed billable hours (reflecting the time spent, the employee, and the activity undertaken), the City agrees to pay to contractor 12 monthly payments of a retainer in the amount of Tw o Thousand One Hundred and Fifty Dollars ($2,150)per month for a concierge training program allocation not to exceed Twenty-five Thousand Eight Hundred Dollars ($25,800)for FY 2010 - 2011 . 5.CONTRACTOR'S OBLIGATIONS . 5 . 1 . Scope of Work - Exhibit A .For and in consideration of City's promises an d the payment obligations, Contractor shall provide services as described in Exhibit A attache d hereto and incorporated by reference into this Agreement . 5 .2 . Coordination of Efforts with other Contractors .Contractor acknowledge s the potential for duplication of efforts and costs as a result of the City's agreements with othe r contractors . To coordinate efforts, Contractor shall participate in monthly meetings of the Touris m Business Improvement District Board, and shall provide a 60-day action plan at the meeting . I n performing its services under this agreement, the Contractor agrees to make every reasonabl e effort to coordinate activities and to identify and avoid duplication of costs associated with thi s program . 6.GENERAL TERMS AND CONDITIONS .Contractor shall meet all general term s and conditions as specified in Exhibit B, attached and incorporated herein by reference . 7.INSURANCE .The Contractor shall procure and maintain for the duration of th e contract insurance which meets the requirements of Exhibit C, attached and incorporated herei n by reference . As evidence of this insurance, the Contractor shall provide the City with both,a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured". 8.AMENDMENTS .Any amendment, modification, or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the City Council, or th e City Manager for amounts up to the authority granted to the City Manager by the City Council . 9.INDEPENDENT CONTRACTOR .Notwithstanding any representations, oral o r written between the parties including any and all agents or representatives thereof, Contracto r shall be at all times covered by the terms of this Agreement and is acting as a free an d independent contractor, not as an agent of the City . Any and all supervision and direction by an y City official, department or body shall be only that necessary to provide broad general outlines , and Contractor will use its own initiative and discretion in performing the details of work herein . 10.COMPLETE AGREEMENT .This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreement betwee n the parties hereto . No oral agreement, understanding, or representation not reduced to writin g and specifically incorporated herein shall be of any force or effect, nor shall any such ora l agreement, understanding, or representation be binding upon the parties hereto . • 11.NOTICE .All written notices to the parties hereto shall be sent by United State s mail, postage prepaid by registered or certified mail addressed as follows : City Clerk City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Chamber of Commerce 1039 Chorro Street San Luis Obispo, CA 9340 1 Attn : Dave Gart h 12.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t that each individual executing this Agreement on behalf of each party is a person duly authorize d and empowered to execute agreements for such party . IN WITNESS WHEREOF,the parties hereto have caused this instrument to be execute d the day and year first above written . City Contracto r ATTEST : l yeA .C - -- Elaina Cano, City Clerk CITY OF SAN LUIS OBISPO , A Municipal Corporatio n htig, City Manace r CONTRACTO R By : Dave Garth, President/CE O San Luis Obispo Chamber of Commerc e hristine Dietrick, City Attorney EXHIBIT A SCOPE OF WORK FOR CONCIERGE TRAINING PROGRA M 1.Defined Goal : 1 .1 To establish a monthly training program for hotel concierge and front desk staff t o provide visitors information on activities, events, sight seeing, and attractions . 2.Development of Progra m 2 .1 . The Contractor will design and produce the program and all related educationa l materials for class participants . 2 .2 . The Contractor will design an email template to keep in touch with class participant s and to inform them of new visitors information . 3.Execution of Progra m 3 .1 . The Contractor will provide a 90-minute classroom session each month beginning i n September 2010 . 3 .2 . Once a quarter, the contractor will organize a city tour for all participants of that quarte r to experience the activities and attractions introduced during class . This event wil l include a reception for all participants to socialize and exchange new visitors ' information and experiences . 3 .3 . The contractor will market the program to potential attendees with a primary focus o n hotel staff and a secondary focus on restaurants, wineries, events, and retail staff . 3 .4 . The contractor will be responsible for the registration process for the class and create a webpage for the program . 4.Provide written reports on the program quarterly (by noon on the first Wednesday of th e month)to the City of San Luis Obispo's Administration Department to be included in th e TBID's meeting packets in October, January, April, and July . At a minimum the reports shal l include : 5.Once a quarter, present the TBID Board with a detailed oral report highlightin g achievements as compared to the work scope . 6 . Exhibit B GENERAL TERMS AND CONDITION S 1.Business License and Tax .Contractor must have a valid City of San Luis Obispo business license an d tax certificate prior to execution of the contract . Additional information regarding the City's business ta x program may be obtained by calling (805) 781-7134 . 2.Ability to Perform .Contractor warrants that it possesses, or has arranged through subcontracts, al l capital and other equipment, labor, materials, and licenses necessary to carry out and complete the wor k hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances , and regulations . 3.Laws to be Observed .Contractor shall keep itself fully informed of and shall observe and comply wit h all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations an d adopted codes during its performance of the work . 4. Payment of Taxes .The contract prices shall include full compensation for all taxes which Contractor i s required to pay . 5. Permits and Licenses .Contractor shall procure all permits and licenses, pay all charges and fees, an d give all notices necessary . 6. Safety Provisions .Contractor shall conform to the rules and regulations pertaining to safety establishe d by OSHA and the California Division of Industrial Safety . 7.Public and Employee Safety .Whenever Contractor's operations create a condition hazardous to th e public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintai n such fences, temporary railings, barricades, lights, signs and other devices and take such other protectiv e measures as are necessary to prevent accidents or damage or injury to the public and employees . 8.Preservation of City Property.Contractor shall provide and install suitable safeguards, approved by th e City, to protect City property from injury or damage . If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense . The facilities shall be replaced or restored to a condition as good as when the Contractor began work . 9.Immigration Act of 1986 .Contractor warrants on behalf of itself and all sub-contractors engaged for th e performance of this work that only persons authorized to work in the United States pursuant to th e Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in th e performance of the work hereunder . 10.Contractor Non-Discrimination .In the performance of this work, Contractor agrees that it will no t engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment o f persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of suc h persons . 11.Work Delays .Should Contractor be obstructed or delayed in the work required to be done hereunder b y changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or an y other Act of God, or by the inability to obtain materials, equipment, or labor due to federal governmen t restrictions arising out of defense or war programs, then the time of completion may, at the City's sol e option, be extended for such periods as may be agreed upon by the City and the Contractor . 12. Payment Terms .The City's payment terms are 30 days from the receipt of an original invoice an d acceptance by the City of the services provided by Contractor (Net 30). 13.Inspection .Contractor shall furnish City with every reasonable opportunity for City to ascertain that th e services of Contractor are being performed in accordance with the requirements and intentions of this contract . All work done and all materials furnished, if any, shall be subject to the City's inspection an d approval . The inspection of such work shall not relieve Contractor of any of its obligations to fulfill it s contract requirements . 14. Audit .The City shall have the option of inspecting and/or auditing all records and other written material s used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor . 15.Interests of Contractor.Contractor covenants that it presently has no interest, and shall not acquire an y interest direct or indirect or otherwise, which would conflict in any manner or degree with the performanc e of the work hereunder . Contractor further covenants that, in the performance of this work, no sub - contractor or person having such an interest shall be employed . Contractor certifies that no one who has o r will have any financial interest in performing this work is an officer or employee of the City . It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed a n independent contractor and not an agent or employee of the City . 16.Hold Harmless and Indemnification .Contractor agrees to defend, indemnify, protect and hold th e City and its agents, officers and employees harmless from and against any and all claims asserted o r liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to b e caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing th e work or services herein, and all expenses of investigating and defending against same ; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers o r employees. 17.Year 2000 Compliance .The Contractor warrants that the goods or services provided to the City , including those provided through subcontractors, are "Year 2000 compliant ." For the purpose of thi s contract, "Year 2000 compliant" means that goods or services provided to the City will continue to full y function, fault-free, before, at and after the Year 2000, without interruption or human intervention ; and i f applicable, any data outside of the date range 1990-1999, including leap years, will be correctly processe d in any level of computer hardware or software, including, but not limited to, microcode, firmware , application programs, files and data bases . This warranty supersedes all warranty disclaimers o r limitations, and all limitations on liability, otherwise provided by the Contractor . Upon request by the City, the Contractor will provide the City with a description of its Year 200 0 compliance strategy, or statement of why this is not relevant to contract performance . 18.Contract Assignment .Contractor shall not assign, transfer, convey or otherwise dispose of the contract , or its right, title or interest, or its power to execute such a contract to any individual or business entity o f any kind without the previous written consent of the City . 19.Termination .If, during the term of the contract, the City determines that Contractor is not faithfull y abiding by any term or condition contained herein, the City may notify Contractor in writing of such defec t or failure to perform ; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter i n which to perform said work or cure the deficiency . If Contractor has not performed the work or cured the deficiency within the ten days specified in th e notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect . Thereafter, neither party shall have any further duties , obligations, responsibilities, or rights under the contract . In said event, Contractor shall be entitled to the reasonable value of its services performed from th e beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minu s any offset from such payment representing the City's damages from such breach . "Reasonable value " includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered o r completed by Contractor as may be set forth in the Agreement payment schedule ; compensation for an y other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope . The City reserves the right to delay any such payment until completion or confirmed abandonment of th e project, as may be determined in the City's sole discretion, so as to permit a full and complete accountin g of costs . In no event, however, shall Contractor be entitled to receive in excess of the compensatio n quoted in its proposal . 20.Ownership of Materials .All original drawings, plan documents and other materials prepared by or i n possession of Contractor as part of the work or services under these specifications shall become th e permanent property of the City, and shall be delivered to the City upon demand . 21.Release of Reports and Information .Any reports, information, data, or other material given to, prepare d by or assembled by Contractor as part of the work or services under these specifications shall be th e property of City, and shall not be made available to any individual or organization by Contractor withou t the prior written approval of the City . 22.Copies of Reports and Information .If the City requests additional copies of reports, drawings , specifications, or any other material in addition to what Contractor is required to furnish in limite d quantities as part of the work or services under these specifications, Contractor shall provide suc h additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense . 23.Attendance at Meetings and Hearings .As part of the workscope and included in the contract price i s attendance by the Contractor to public meetings to present and discuss its findings and recommendations . Contractor shall attend as many "working" meetings with staff as necessary in performing workscop e tasks . Exhibit C INSURANC E Insurance.Contractor shall procure and maintain for the duration of the contract insurance against claim s for injuries to persons or damages to property which may arise from or in connection with the performanc e of the work hereunder by Contractor, its agents, representatives, employees, or sub-contractors . a .Minimum scope of insurance .Coverage shall be at least as broad as : •Insurance Services Office Commercial General Liability coverage (occurrenc e form CG 0001). •Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, code 1 (any auto). •Workers' Compensation insurance as required by the State of California an d Employer's Liability Insurance . •Errors and Omissions Liability insurance as appropriate to Contractor's profession . b . Minimum limits of insurance .Contractor shall maintain limits no less than : •General Liability : $1,000,000 per occurrence for bodily injury, personal injur y and property damage . If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall appl y separately to this project/location or the general aggregate limit shall be twice th e required occurrence limit . •Automobile Liability : $1,000,000 per accident for bodily injury and property damage . •Employer's Liability : $1,000,000 per accident for bodily injury or disease . •Errors and Omissions Liability : $1,000,000 per occurrence . c.Deductibles and self-insured retentions .Any deductibles or self-insured retentions mus t be declared to and approved by the City . At the option of the City, either : the insurer shal l reduce or eliminate such deductibles or self-insured retentions as respects the City, it s officers, officials, employees and volunteers ; or Contractor shall procure a bon d guaranteeing payment of losses and related investigations, claim administration an d defense expenses . d.Other insurance provisions .The general liability and automobile liability policies are t o contain, or be endorsed to contain, the following provisions : •The City, its officers, officials, employees, agents and volunteers are to be covere d as insureds as respects : liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor ; premises owned , occupied or used by Contractor ; or automobiles owned, leased, hired or borrowe d by Contractor . The coverage shall contain no special limitations on the scope o f protection afforded to the City, its officers, official, employees, agents o r volunteers . •For any claims related to this project, Contractor's insurance coverage shall b e primary insurance as respects the City, its officers, officials, employees, agents and volunteers . Any insurance or self-insurance maintained by the City, its officers , officials, employees, agents or volunteers shall be excess of Contractor's insuranc e and shall not contribute with it . •Any failure to comply with reporting or other provisions of the policies includin g breaches of warranties shall not affect coverage provided to the City, its officers , officials, employees, agents or volunteers . •Contractor's insurance shall apply separately to each insured against whom claim i s made or suit is brought, except with respect to the limits of the insurer's liability . •Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced i n coverage or in limits except after thirty (30) days' prior written notice by certifie d mail, return receipt requested, has been given to the City . e.Acceptability of insurers .Insurance is to be placed with insurers with a current A .M . Best's rating of no less than A :VII . f.Verification of coverage .Contractor shall furnish the City with a certificate of insuranc e showing maintenance of the required insurance coverage . Original endorsements effecting general liability and automobile liability coverage required by this clause must also b e provided . The endorsements are to be signed by a person authorized by that insurer to bin d coverage on its behalf . All endorsements are to be received and approved by the Cit y before work commences .