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Home My WebLink About6/27/2007 - STAFF REPORTS - 2.K. f pALM SA O Rj ni V 1n a City Council Staff Report DATE: June 27, 2007 CONSENT CALENDAR SUBJECT: Amendment No. 2 to Agreement Number A5242 with Standard Parking Corporation in an Amount Nat-to-Exceed $96,000 for Downtown Parking Control and Enforcement Services in Fiscal Year 2007-08 FROM: David H. Ready, City Manager BY: Assistant City Manager-- Administration SUMMARY Enforcement of parking regulations in the downtown area has been performed by Standard Parking, formerly APCOA, since 1998. In 2005, the City Council suspended enforcement of the time limits in City parking lots to stimulate business activity in the downtown area. This suspension, which was originally scheduled to last six (6) months, has been extended several times. The current suspension is scheduled to expire on June 30, 2007 and staff is requesting an additional extension of time to facilitate the completion of a downtown parking analysis. This action would approve an amendment to the agreement with Standard Parking for downtown parking enforcement services extending the term of that agreement for one (1) year. RECOMMENDATION: 1. Adopt Minute Order No. , approving Amendment No 2 to Agreement A5242 with Standard Parking for downtown parking enforcement services in an amount not-to-exceed $96,000 for a one (1) year period expiring June 30, 2008. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Standard Parking, formerly APCOA, has been enforcing all parking related ordinances within the City's downtown and on specified private parking lots since 1998. Their enforcement responsibilities include: • All legally designated handicapped parking areas, on and off street; • All "time restricted" parking; ITEM NO. Downtown Parking Enforcement Services June 27, 2007 Page 2 • All "No Parking Anytime" areas; • Vehicles parked on sidewalks; • Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks; and • Vehicles parked facing the wrong way. In 2005, the MainStreet Merchants Association asked the City Council to suspend the time restrictions in City parking lots as part of a pilot program to stimulate business activity. This suspension, which was originally scheduled to end in September 2006, has been extended by the City Council on several occasions at the request of the MainStreet Merchants Association and to ease parking concerns in light of the some of the proposed construction projects in the downtown area. The current suspension ends June 30, 2007. Staff is recommending an additional extension of the time limits suspension to enable the City to retain a parking consultant to perform an analysis of various parking models, including the current model, a pay for parking model and/or a hybrid of the two models, for City Council consideration. This analysis is expected to be presented to the City Council later in the year. The current agreement with Standard Parking for downtown parking enforcement services expires on June 30th. Since a parking analysis is not likely to be completed until the fall of this year, staff is recommending that the City Council extend the agreement with Standard Parking for one (1) year so that the City can continue to enforce on-street time limits, disabled parking and loading area infractions. The proposed amendment will extend the agreement with Standard Parking for parking enforcement services through June 30, 2008. The City Council can terminate the agreement at any time by providing thirty (30) days written notice. In addition to extending the term of the agreement, the proposed amendment modifies the total compensation paid to Standard Parking. Currently, Standard Parking charges the City $22.00 per hour. Based on a maximum of 91 hours per week, the City's cost for parking enforcement services over the extended term is estimated at $8,008 per month or $96,000 a year. FISCAL IMPACT: There are sufficient funds in the Parking Control Program (#4461-43200) to cover this expense. Tro Butzla istant City Manager David H. Ready, Cit ger Attachments: 1. Minute Order 2. Amendment No. 2 to Agreement with Standard Parking 00)2 MINUTE ORDER NO. APPROVING AMENDMENT NO 2 TO AGREEMENT A5242 WITH STANDARD PARKING FOR DOWNTOWN PARKING ENFORCEMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED $96,000 FOR A ONE (1) YEAR PERIOD EXPIRING JUNE 30, 2008. --------------- I HEREBY CERTIFY that this Minute Order, approving Amendment No 2 to Agreement A5242 with Standard Parking for downtown parking enforcement services in an amount not-to-exceed $96,000 for a one (1) year period expiring June 30, 2008 was adopted by the Cily Council of the City of Palm Springs, California, in a meeting thereof held on the 27th day of June 2007. JAMES THOMPSON City Clerk AMENDMENT NO, 2 TO CONTRACT SERVICES AGREEMENT FOR DOWNTOWN PARKING CONTROL AND ENFORCEMENT SERVICES (Agreement No, 5242) THIS SECOND AMENDMENT to the Contract Services Agreement No. 5242 for downtown parking control and enforcement services (the "Amendment"), is made and entered into to be effective on the day of , 2007 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Standard Parking Corporation, a Delaware corporation (hereinafter referred to as the "Contractor") (collectively, the "Parties"). RECITALS A. City and Contractor previously entered into a contract services agreement for downtown parking control and enforcement services dated September 1, 2006, but effective March 1, 2006 (the "Agreement'). B. The term of the Agreement was for a seven (7) month period expiring on September 30, 2006. C. On January 3, 2007, the City and Contractor entered into the "First Amendment to the Agreement for Downtown Parking Control and Enforcement Services" ("First Amendment'), which extended the term of the Agreement an additional nine (9) months expiring on June 30, 2007, to facilitate the development of a parking plan for the downtown area. D. The City is working to develop a comprehensive parking program for the downtown area and needs more time to complete its plan. E. City and Contractor desire to amend the Agreement to authorize Contractor to continue providing parking control and enforcement services for an additional one (1) yearterm. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 2.1 of the Agreement entitled "Contract Sum": Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: "Contract Sum. For the services rendered under this Agreement Contractor shall be compensated in accordance with the Schedule of Compensation set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference, but not exceeding the maximum contract amount of Ninety Six Thousand Dollars($96,000) 1 06Y)4 ("Contract Sum"). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice." 2. Amendment to Section 5.1 of the Agreement, entitled 'Term": Section 5.1 of the Agreement is hereby amended in its entirety to read as follows: "Term. Unless earlier terminated in accordance with Section 52 below, this Agreement shall continue in full force from July 1, 2007 until June 30, 2008. 3. Amendment to Exhibit "B" of the Agreement, entitled "Schedule of Compensation": Exhibit "B" of the Agreement, concerning total compensation, is hereby amended to read as follows: "Total Compensation: Total compensation for services provided under this Agreement, including this amendment, shall not exceed $257,050." 4. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 5. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 2 IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above. „CITY" CITY OF PALM SPRINGS, ATTEST: a California charter city and municipal corporation By: By: James Thompson, City Clerk David H, Ready, City Manager APPROVED AS TO FORM, By: Douglas H. Holland, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] 3 � �' , "CONTRACTOR" Standard Parking Corporation a Ohio corporation CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: Ono from each of the following A Chairman of Board.President,or any Vice President: AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: l State of � Stare of fl County of )as County of lss On before me. On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the persons)whose names)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that helshe/they executed the Same in his/her/their authorized he/she/they executed the same in his/her/their authorized eapaeity(ies), and that by his/her/their signature(s) on the capaaly(ies), and that by his/hedtheir signature(s) on the instrument the person(s),or the entity upon behalf of which the instrumont the person(5),or the entity upon behalf of which the persons)acted executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal- 4 L EXHIBIT "B" SCHEDULE OF COMPENSATION For the services rendered pursuant to this Agreement, the Contractor shall be compensated at a rate of$22.00 per hour. In no event should Contractor's billings exceed a total of Eight Thousand and Eight Dollars ($8,008) per month without prior written authorization by the City_ The total compensation paid to Contractor underthis Agreement, including this amendment, shall not exceed $257,050. Contractor's invoices shall provide supporting documentation showing the number of hours of parking enforcement activity conducted during each invoice period. City shall pay Contractor's invoices within 20 days of receipt- 5 �r1r