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Home My WebLink AboutA8535 - AMENDMENT NO. 1 TO PARKING MANAGEMENT SERVICES WITH ABM AVIATION, INC. FOR PALM SPRINGS INTERNATIONAL AIRPORT AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR PARKING MANAGEMENT SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT This Amendment No. 1 to the Contract Services Agreement (kFs35,-("Amendment No. 1"), is made and entered into this day of OA;�Z _, 2020, by and between the CITY OF PALM SPRINGS, a California charter city and nibnicipal corporation, ("City") and ABM AVIATION, INC., a Georgia corporation, ("Contractor"). City and Contractor are individually referred to as "Party' and are collectively referred to as the,"Parties". RECITALS WHEREAS, City owns and operates the Palm Springs International Airport, a public airport hereinafter referred to as "Airport", located in the City of Palm Springs, California; and WHEREAS, City has determined that there is a need for Parking Management Services in the vicinity of the Airlines Passenger Terminal Building at the Airport ("Terminal") for use by the public; and WHEREAS, City requires special professional services concerning the management of said automobile parking facilities, including but not limited to management, operation, recordkeeping, accounting, auditing, revenue control, cash and credit card deposits, traffic enforcement officer (TEO) and providing services to users of such automobile parking facilities and the public, equipment maintenance, repair and replacement to include shuttle bus operations for the holiday season (the "Airport Parking Management Services"); WHEREAS, on March 19, 2020, the City Council ratified the City Manager's declaration of the existence of a local emergency related to the increasing spread of the Novel Coronavirus (COVID-19), and the City Manager's issuance of a "shelter in place" order; WHEREAS, on March 19, 2020, Governor Newsom issued an Executive Order imposing a "shelter in place" order throughout the entire state of California; WHEREAS, on April 2, 2020, the Contractor and City entered into that certain Agreement No. 8505 for the Airport Parking Management Services; WHEREAS, as a result of the City's and Governor's "shelter in place' orders, and other precautions undertaken nationally to limit the spread of COVID-19, operations at the Palm Springs Airport have significantly declined, with very little passenger activity occurring; WHEREAS, Agreement No. 8505 anticipated a minimum scope of services based on the historic volume of passenger activity occurring at the Palm Springs Airport, and did not anticipate during the term of the Agreement that a significant decrease in airline operations would occur due to a global pandemic such as COVID-19; WHEREAS, the Parties wish to enter into this Amendment No. 1 to provide the City with certain administrative rights to decrease the minimum scope of services required for Airport Parking Management Services to account for markedly decreased airline operations and passenger activity that may occur due to a global pandemic or similar conditions affecting regional and/or international travel. NOW, THEREFORE, in consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1. SECTION 2. Section 2.3 Changes in Scope of the Agreement is hereby amended to include subsection C to read as follows: C. To provide for a temporary reduction in services and a temporary reduction in the annual Management Fee when the City, in its sole discretion, determines that airline operations and passenger activity is reduced due to conditions affecting regional and/or international travel and where the provision of services at the minimum levels required in the Agreement are no longer necessary for a period of time concurrent with those conditions affecting travel. A temporary reduction in services and corresponding reduction in the non-fixed cost portion of the annual Management Fee will be memorialized through an Administrative Contract Memorandum issued by the City Manager and approved by the Contractor, whose approval will not be unreasonably withheld. The fixed cost portion of the annual Management fee is set at $125,000 and may be adjusted throughout the term of the contract as mutually agreed upon by the City.and Contractor. SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A8508), 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 No. 1 and any provisions of the Contract Services Agreement (A8508), the provisions of this Amendment No. 1 shall in all respects govern and control. From and after the date of this Amendment No. 1,.whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. SECTION 4. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv)the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. "CITY" City of Palm Springs J Date: cS a By: � David H. Ready, City Manager APPROVED AS TO FORM: 'ATTEST: By: iL//I l > , By: J re S. Balli er bAthony City Attorney City Clerk _ _PaoveD sir cm couNcn. "CONTRACTOR" N\ ABM Aviation, Inc., a Georgia corporation Date: By: Signature Printed Name/Title Date: By: Signature Printed Name/Title Check one: _Individual _Partnership _Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 55575.18160\32948385.4 IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. "CITY" City of Palm Springs Date: By: C.o n�trp David H. Ready, City Manager APPROVED AS TO FORM: Y•^ ATTEST: By:C 1 Z;%/ a By: t-,- T"t- JeffreyA. YallingW, Anthony J Mejia, MMC City Attorney City Clerk APPROVED BY CITY COUNCIL "CONTRACTOR" ' 2 26ZG ABM Aviation, Inc., a Georgia corporation Date: lAe, z/ By Signature SuTsA�.E Win/ �n.✓�or��,� ic?-��- Printed Nametfitle Date: v ( �211 96 °� 6 By:�� Signature / v Printe Name/Title Check one: _Individual_Partnership l�Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.