HomeMy WebLinkAbout6497 - ACE PARKING MANAGEMENT EXTENTIONaALM
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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
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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