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HomeMy WebLinkAbout6497 - ACE PARKING MANAGEMENT EXTENTIONaALM �2 /Fo RNiI Steve Burton President 645 Ash Street San Diego, CA 92101 Re: Dear Mr. Burton; City of Palm Springs Office of the City Attorney 3200 E. Tahquits Canyon Way • Palm Springs, California 92262 Tel: 760.323.8219 " Fax: 760.322.8317 " TDD 760.864.9527 • w .palmspringsca.gov AugustA, 2020 Palm Springs Parking Enforcement Services Contract; Extension of Term of Agreement No. 6497 As you are aware, on March 14, 2020 the City Manager acting as the City's Director of Emergency Services declared the existence of a local emergency within the City of Palm Springs due to the threat presented by the COVID-19 pandemic. The City Manager's order and subsequent orders issued by the Governor and by County officials significantly reduced all public travel resulting in minimal activity in the City's Central Business District and parking facilities. Due to the decreased travel activity, on April 7, 2020, the City provided Ace Parking Management, Inc. ("Ace") with notice that the City would be suspending parking enforcement services provided by Ace, under the terms of Ace's Contract Services Agreement ("Agreement No. 6497") with the City of Palm Springs, until further notice. We are now in receipt of your letter dated July 24, 2020, notifying the City of the continued monthly overhead costs that Ace has been incurring since the City's suspension of services. In light of these continued expenses, the City accepts your proposal to extend the term of the existing Agreement No. 6497 by the number of months that the suspension of your parking enforcement services due to the COVID-19 pandemic remains effective. In consideration of these promises, the City seeks Ace's mutual agreement to the amendment of Section 3.4 of Agreement No. 6497 as follows: 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence on March 18, 2014, and continue in full force and effect for a period of seven (7) years plus the number of prorated months, during which the provision of parking enforcement services under this Agreement is suspended due to the COVID-19 pandemic. For purposes of this Section, the date, on which the suspension of parking enforcement services due to the COVID-19 pandemic shall be deemed to have commenced shall be April 8, 2020. The date, on which the suspension of parking enforcement services due to the COVID-19 pandemic shall be deemed to have been terminated shall be the date thereafter, on which the City Manager provides Contractor with notice that the City will be resuming parking enforcement services. At the City's sole discretion, and upon Contractor's approval, this Agreement may be extended for one (1) two (2) year optional renewal period, whereupon this Agreement shall terminate. Any extension must be through mutual written agreement of the Parties. By countersigning below and returning this letter to us, you will be agreeing to the amendment of these 3200I~ Tahquitz Canyon Way • Palm Springs, California 92263.2743 CYilA]EP:1k1<IFtE:##F% 2lPage terms of Agreement No. 6497. You are further agreeing that all terms, conditions, and provisions of Agreement No. A6497, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the terms as specified above and any provisions of the Agreement A6497, the terms as modified herein shall in all respects govern and control. Should you have any questions or concerns regarding these terms, please do not hesitate to contact me. Sincerely, Jeff S. Ballinger City Attorney City of Palm Springs AGREED //WANE J` cc: David H. Ready, Esq., Ph.D., City Manager Marcus Fuller, Asst. City Manager Post Office Box 2743 • Palm Springs, California 92263-2743 99999.91809V33152933.2