HomeMy WebLinkAbout05242 - STANDARD PARKING CORP DOWNTOWN PARKING CONTROL/ENFORCEMENT March 24, 2011
Standard Parking Corporation ��
900 North Michigan, Ste. 1600
Chicago, IL 60611
Re: Certificate of Insurance REMINDER 01
City of Palm Springs Agreement No. A5242
Dear Robert Reiser, Senior V.P.:
During a review of the agreement file, it has been noted there are discrepancies relating to
the certificate of insurance on file as listed below:
The General Liability policy expired on 01/01/2011:
The Workers Comp policy expired on 01/01/2011.
The Automobile policy expired on 01/01/2011.
Please contact your insurance office and request a current Certificate of Insurance be
emailed to Kathie.Hart@PalmSpringsCA.gov or sent to:
Kathie Hart, CIVIC
Office of the City Clerk
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
If you fax or email the certificate there is no need to forward a copy via U.S. Mail. This will
avoid duplication.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
• Cam- -� �
I
R boll,
March 24, 2011 \C
Standard Parking Corporation ��
900 North Michigan, Ste. 1600
Chicago, IL 60611
Re: Certificate of Insurance REMINDER 01
City of Palm Springs Agreement No. A5242
Dear Robert Reiser, Senior V.P.:
During a review of the agreement file, it has been noted there are discrepancies relating to
the certificate of insurance on file as listed below:
The General Liability policy expired on 01/01/2011,
The Workers Comp policy expired on 01/01/2011:
The Automobile policy expired on 01/01/2011.
Please contact your insurance office and request a current Certificate of Insurance be
emailed to Kathie.Hart@PalmSpringsCA.goV or sent to
Kathie Hart, CIVIC
Office of the City Clerk
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
If you fax or email the certificate there is no need to forward a copy via U.S. Mail. This will
avoid duplication.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
. Cam-
D'
AMENDMENT NO. 3
TO
CONTRACT SERVICES AGREEMENT
FOR DOWNTOWN PARKING CONTROL AND ENFORCEMENT SERVICES
(Agreement No. 5242)
THIS THIRD 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 1O7'* day of )L,. , 2008 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. On September 11, 2007, the City and Contractor entered into the "Second
Amendment to the Agreement for Downtown Parking Control and Enforcement Services"
("Second Amendment"), which extended the term of the Agreement an additional one (1)
year term, expiring on June 30, 2008, to facilitate the development of a parking plan forthe
downtown area.
E. The City is working to develop a comprehensive parking program for the
downtown area and needs more time to complete its plan.
F. City and Contractor desire to amend the Agreement to authorize Contractor
to continue providing parking control and enforcement services for an additional one (1)
year term and to increase the compensation schedule by 3%.
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
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 Eight Thousand Two Hundred
and Seventy Nine Dollars ($98,979) ("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 5.2 below, this
Agreement shall continue in full force from July 1, 2008 until June 30, 2009.
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 $356,029."
"Hourly rate for Parking Enforcement Activity: $22.66 per hour, not-to-exceed
$8,248 per month."
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]
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of
the date first written above.
2
"CITY"
- CITY OF PALM SPRINGS,
ATTEST: a California charter city and municipal corporation
ay
?-Thompson,
G
City Clerk �jj��70 �F/ David H. Ready, City M�
-mes
APPROVED Af a FORM: APPROVED BY CITY COUNCIL
6 y:
Douglas �. Holland, City Attorney Not To [Exceva $ <P
Without the Exipress 'Written
Authorization Of The city
Manager.
[SIGNATURES CONTINUED ON NEXT PAGE]
3
J
"CONTRACTOR"
Standard Parking Corporation
a Delaware corporation
CONTRACTOR: Check one:_Individual_Partnership_16orporation
Corporations require two notarized signatures! One from each of the following A. Chairman of Board,President,or any Vice President.
AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief fn
--Piiinaariciiaal Officer).
ZWBy, �'� By. i 0V
ignature (notarized) Signature (notarized)
Name: �� GL 01 �CA//k771 Name: ?al /t? 12. IJLi5,yL
Title- Title: SAI,P
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of 9914M6 01-II0
County of CUYAHOGA
On 6-25-08 before me, Nita Bican, Notary Public
Dale Here Insert Name and Title of Iho OIIiCCI '
personally appeared Jack Ricchiuto, Executive Vice President and Robert Reiser, Senior VP
Namc(s)of Slgncrts
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sheAhey executed the same in his/her/their authorized
= capacity(ies), and that by his/her/their signa(u're(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
A 610AN I certify under PENALTY OF PERJURY under the laws
NI
RESIDENT A BICA COUNTY of the State of California that the foregoing paragraph is
NOTARY PUBLIC,STATE OF OHIO true and correct.
My Commission Expires c\ •-p• Q c'a) WITNESS my hand and official seal-
Signature_ C
Place Notary Soar A m Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fmudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
O Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _ _
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of(humb here ❑Trustee Top of thumb here
O Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
C2 7Natlonal Nolfy• atlon•93SODe Soto Aw.,P.O.Smr PaM-Ch2Lmwrlh,CA91 31 3-24 02,w ..NauonalNotaryeig Ilom#�907 Rcordcrcoll7oll•Fmo1�300.9766327
EXHIBIT "B"
SCHEDULE OF COMPENSATION
For the services rendered pursuant to this Agreement, the Contractor shall be
compensated at a rate of$22.66 per hour. In no event should Contractor's billings exceed
a total of Eight Thousand and Eight Dollars ($8,248) per month without prior written
authorization by the City. The total compensation paid to Contractor under this Agreement,
including this amendment, shall not exceed $356,029.
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
AUG C 2007
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 enfor ment services (the "Amendment"), is made and
entered into to be effective on the lk day of 2007 by and between the
City of Palm Springs, a California charter city and m nicipal 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)
year term.
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
�j�r°� I1S�et— DiD
("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 5.2 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
�ames Thompson, City Clerk &e1j;Y Z j Z06'7 David H. Ready, City ger
APPROVED 0 FORM. APPROVED BY CITY COUNCIL
By. Amend q gaoco'00
Douglas W. Holland, City Attorney PVY Qnd gb ooa9°
[SIGNATURES CONTINUED ON NEXT PAGE]
Not To Exceed $ �a�'
Without The Fxpr Ss Written
Authorization Of The City
Manager.
3
"CONTRACTOR"
Standard Parking Corporation
a Ohio corporation
CONTRACTOR: Check one: ,Individual_Partnership Corporation
Corporations require two notarized signatures One from each ofthefollowing. A Chairman of Board,President,or any Vice President
AND 6.Secretary,(As�si/ssttant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
Signature (notarized) f Signature (notarised)
Name: Robert Reiser Name �� TJ C ��o-ram f
Title: Senior Vice President, Title �C11-io,
Airport Operations
Slate of CEO 1 State of I llm,,n� )
County of Q]YMJMA )55 Countyof bov� }Ss
On L�_L7before me, Nita Bican, NOMT Public, Ong 14- before m11e__,c..7..lu.--�/+X1�f�,Jl.h)CJ1�1r.
personally appeared Robert Reiser personally appeared �.11ILL1 C,�L-�`!.l_.4.dLL
personally known to me (or proved to me on the basis of personally known tom (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 person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/shelthey executed the same in his/her/their authorized
capaeity(ies), and that by his/her/their signature(s) an the capacity(ies), and that by hislheritheir signature(s) an the
instrument the person(s),or the entity upon behalf of which the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal
C__,� fi
Notary Signature: b Notary Signature:
Notary Seal: Notary Seal:
NITA EICAIv
RESIDENT SUMMIT COUNTY OFFICIAL SEAL
y NOTARY PUBLIC STATE OF OHIO SUSAN S Rowe
-= --m COMMISSIon Expires 9 �'�C NOTARY PUBLIC-STATE OF 0
- _ y My COMMISSION EXPIRES i1107tlWI09
4
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 under this 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
4
AMENDMENT NO. 1
TO
CONTRACT SERVICES AGREEMENT
FOR DOWNTOWN PARKING CONTROL AND ENFORCEMENT SERVICES
(Agreement No. 5242)
THIS FIRST AMENDMENT to the Contract Services Agreement No. 6242 for
downtown parking control and enforcement services (the "Amendment"), is made and
entered into to be effective on the 0 day of . 0M , 2-GM 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 six (6) month period expiring on
September 30, 2006,
C. City and Contractor desire to amend the Agreement to authorize Contractor
to continue providing parking control and enforcement services.
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 including this
Amendment, 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 One
Hundred Sixty One and Fifty($161,050) (collectively, "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 5.2 below, this
Agreement shall continue in full force from October 1, 2006 until June 30, 2007.
1
�F
1 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 hereunder shall
not exceed $161,050."
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.
°CIT 11
CITY OF PALM SPRINGS,
-� ATTEST: a California charter city and municipal corporation
B _
r
d mes Thompson, City Clerk David H. Ready, City Manag
APPROVED A FORM: APPROVED BY C171 COUNCIL
tno��G a��Db PF1'dk,
By:
Douglas. Holland, City Attorney
[SIGNATURES CONTINUED ON NEXT PAGE]
3
"CONTRACTOR"
Standard Parking Corporation
a Ohio corporation
CONTRACTOR: Cheek one:—Individual_Partnership ✓Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President.
AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chiet Financial Officer).
- 21-'�
By: By_ I—1-(2. 0
Signature(notarized) Signature(notarized)
Name: Jack Ricchiuto Name: Robert Reiser
Title: Executive Vice President Title: Senior Vice President , Airport
perations
State of Ohio } State of. Ohio }
County of Cuyahoga ., County of Cuyahoga 1ss
On12/1Aforeme, Nita Bican On 12/15 beforeme Nite. Bican
personally appeared Jack Ricchiuto personally appeared Robert Reiser
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)islare satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(les), and that by his/her/their signature(s) on the capaaty(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument, person(s)acted,executed the instrument.
WITNESS my hand and official seal. "�-� WITNESS my hand and official seal.
Notary Signatur���—" r' , Notary Signature:
Notary Seal: Notary Seal: _
`r RESIDENTSUMMIT COUNTY RESIDENT SUMMIT COUNTY J -
NOTARY PUBLIC,STATE OF OHIO NOTARY PUBLIC,STATE OF OHIQ
4 My Commission Expires r My Commission Expires .
4
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
DOWNTOWN PARKING CONTROL AND ENFORCEMENT SERVICES
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement')is made and entered into
this 1?� day of 006 , by and between the CITY OF PALM SPRINGS, a
tion(herein "City")municipal corporation and Standard Parking Corporation,(herein"Contractor').
j NOW, THEREFORE, the parties hereto agree as follows:
i
1.0 SERVICES OF CONTRACTOR
I
1,1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit"A" and incorporated herein by reference. Contractor warrants that all
work and services set forth in the Scope of Services will be performed in a competent,professional
and satisfactory manner.
1.2 Compliance_With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions,statutes, rules,and regulations of the City
and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2A Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Seventy One Thousand Fifty($71,050.00)("Contract Sum").
22 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Clint Joy(1625 Broadway,Suite 860,Denver,
CO 80202)i5 hereby designated as being the principal and representative of Contractor authorized
to act in its behalf with respect to the work and services specified herein and make all decisions in
connection therewith.
1
ORIGINAL BID
ANtG IOR PCGREEMEN7'
i
3.2 Contract Officer. Nick Singer is hereby designated as being the
representative the City authorized to act In its behalf with respect to the work and services specified
herein and make all decisions in connection therewith("Contract Officer'). The City Manager of City
shall have the right to designate another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assipnment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein may
be assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Any such prohibited assignment or transfer shall be void.
3A Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner,mode or means by which Contractor,its agents or employees,perform
the services required herein, except as otherwise set forth. Contractor shall perform all services
required herein as an independent contractor of City and shall remain under only such obligations as
are consistent with that role. Contractor shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance, The Contractorshall procure and maintain,at its sole costand
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broadform property damage, products and
completed operations. The Commercial General Liability policy shall be endorsed to name
the City of Palm Springs, its officers, employees and agents as additional insured.
(b) Workers Compensation Insurance. A policy of workers compensation insurance in
such amount as will fully comply with the laws of the State of California and which will
include$1,000,000 employers liability-
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of $1,000,000
bodily injury and property damage,Said policy shall include coverage for owned,non-owned,
leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance in a minimal amount of$1,000,000 if contract has professional liability exposure,
as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance. The insurer shall waive all
rights of subrogation and contribution it may have against the City, its officers, employees and
agents, and their respective insurers. In the event any of said policies of insurance are canceled,
the Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4.1 to the Contract Officer. No work or services under this
2
Agreement shall commence until the Contractor has provided the City with Certificates of Insurance
or appropriate insurance binders evidencing the above insurance coverages and said Certificates of
i
Insurance or binders are approved by the City.
i
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor=s activities or the activities of any
person or person for which the Contractor is otherwise responsible.
In the eventthe Contractor subcontracts any portion of the work in compliance with Section
3.3 of this Agreementthe contract between the Contractor and such subcontractor shall require the
subcontractorto maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents
and employees against,and will hold and save them and each of them harmless from, any and all
actions,suits, claims, damages to persons or property, losses, costs, penalties, obligations,errors,
omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work,operations or
activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement,whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City,
its officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City,its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages orother claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
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5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,this
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Agreement shall continue in full force from March 1, 2006 until September 30, 2006.
5,2 Termination Prior to Expiration of Term, Either party may terminate this
Agreement at any time, with or without cause, upon thirty(30)days'written notice to the other party.
Upon receipt of the notice of termination,the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination
by the City, Contractor shall be entitled to compensation for all services rendered prior to the
effectiveness of the notice of termination and for such additional services specifically authorized by the
Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the
services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that,by and for itself,
its heirs, executors, assigns and all persons claiming under or through them,that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed,religion,sex, marital status,national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color,creed,religion,sex, marital status,
national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict ofInterest. No officer or employee of the City shall have anyfinancial
interest, direct or indirect, in this Agreement nor shall any such officeror employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested,in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS,P.O.Box
2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement and to Standard Parking,Attn: Legal
Department, 900 N. Michigan, Ste 1600, Chicago, IL 60611.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
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6.6 Integration:Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
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at any time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competentjurisdiclion,such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to orapproval of any act by the other party requiring the party's consent erapproval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable,shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement 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 Agreement on behalf of said party, (iii)by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said parry is bound,
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IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of
the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
I GIerkp1 zAd(o (:'PROV�D6ICITYCQV1�l anagar
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CONTRACTOR: Standard Parking Corparation,20 Check one:_Individual—Partnership X Corporation
900 N. Michigan, Ste 1600
Chicago, IL 60611
The City requires two notarized signatures from Corporations: One from each of the following two groups: A. Chairman of Board.
President,or any Vice President:ANO B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Flnanclal Officer.
By: I �� By:
Signature(notarized) /V/ /' Signature(notarized)
Name: Robert Reiser Name:
Title: Senior Vice President. Title: t)rC Yrt'.:�rlPnn7r ( snG.z• - '-"✓l=-�y
Airport Operations I_sisf
state of 0 h i 0 Ill State of -,2::•jt7 1�rL ",S }
CountyofCuyahoga lss County of Cyo(c Iss n
On '2/9R_beforeme, a Notary Public On � � �6 before me. (h INu�Cq CybltC ,
personallyappeared Robert Reiser personallyappeared 72 ruyY_4 L—. r `1kl
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 person(s)whose name(s)Ware
subscribed to the within instrument and acknowledged to methat subscribedtotliewithin instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/shelthey executed the same in his/her/their authorized
capaeity(ies), and that by hls/hor(their signature(s) on the capaclly(es), and that by his/herlthelr signature(s) on the
instrument the person(s),or the entity,upon behalf of which the Instrument the person(z),or th entitnty upon behal of which the
person(s)acted,executed the instrument. person(s)acted,executed th mstrume .
WITNESS my hand and otflolal seal. WITNESS my hand and o rlal seal.
Notary Signature c- — - Notary Signature: r
Notary Seal: Notary Seal:
NITA KAN "OFFICIAL SEAL°'
_ - RESIDENT SUMMIT COUNTY Notary Public Wojcik
mote of Illinois
_ — NOTARY PUBLIC,STATE OF OHIO My Carom u oa F.xpimAus 13,2go9
_ = My Commission Expires •�>• 9
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EXHIBITiT "A"
SCOPE OF SERVICES
Contractor shall implement and enforce the City's downtown, on-street parking enforcement
program, as maybe modified from time to time.
Types of Violations Enforced: The Contractor shall enforce all parking related ordinances within .
the City s downtown and on private parking lots as appropriate.Typical violations enforced include,
but are not limited to:
• All legally designated handicapped parking areas, on and off street;
i All "time restricted" on-street parking;
• All "No Parking Anytime" areas;
• Vehicles parked on sidewalks;
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• Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or
crosswalks; and
Vehicles parked facing the wrong way.
Enforcement Hours Time/pay: The Contractor will perform enforcement duties Monday through
Friday 11:00 a.m. to 8:00 p.m., and Saturday 1:00 p.m. to 9:00 p.m., or as maybe modified by the
City with written notice. The Contractor shall provide a minimum of 91 hours of enforcement patrol
per week.
Patrol Routes: Contractor's parking control officers shall patrol covered areas in accordance with a
patrol plan developed by the Contractor's On-Site Supervisor and as approved by the City's Contract
Officer_ The City reserves the right to require modification of the patrol plan from time to time as
appropriate. The initial patrol plan is attached hereto as Exhibit Al_
Operations Methodology: The City strongly believes in customer service, and expects the
Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional
manner. Enforcement action is to be carried out in a uniform and fair manner. The Contractor shall
not directly or indirectly give any preferential treatment to any person or entity in the performance of
their enforcement duties.
Contractor's Responsibilities: Contractor shall provide sufficient, properly trained personnel,
equipped and uniformed so as to provide the required services.
On-Site Supervisor: Contractor shall provide an on-site supervisorfor day-to-day operations: Buzz
Waltz, Supervisor 760-774-5481
City's Rights: City reserves the right to establish, modify,add or delete enforcement areas,routes,
hours of enforcement.
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EXHIBIT A-1
STANDARD
DOWNTOWN P.C.O.STREET ROUTE
Your route will start at the comer of Tahquitz Cyn. Way and Calle Encilla Rd..
Chalk right side all the way to Belardo Load make a'TT"taro and chalk the right side all
the way to,Calle El Segundo Rd. Turn right and proceed to Ramon Rd.
Turn right on Ramon Rd. and Chalk all the way to Alejo Rd.Move to left lane and turn
left on Avenida Grandivia Veimonte,turn right on Palm Canyon, Chalk all the way to via
.Lola Rd. do a"U"tran and Chalk back to Alejo Rd.
Turn right on Alejo Rd. and Chalk the right side to Belardo Rd- Do a"U" torn back to
Palm. Canyon Dr, turn right and Chalk the left side of street all the way to Baristo Rd.,
icontinue on Patin Canyon Dr.to Ramon Rd..
%n Lett on Ramon Rd.to Indian Cyn tom left on Indian Cyn'and Chalk the left side of
the road to Baristo Rd. Chalk both right and Ieft•side of Baristo Rd. returning to Ind!=
Cyn.Rd Turn left and Chalk to Arenas Rd., turn left and Chalk right side to Belardo Rd.
Do.a"U"turn and chalk back to Indian Cyn.
Turn left and Chalk to Andreas Rd,turn left into parking lot before the Andreas tot.Chalk
the.right side of toad from Mai Canyon to Indian Cyr, Turn left again and Chalk the left
side to Amado Rd.Turn left on ArrWo Rd and Chalk right side to Pahn Cyn.cross Palm
Cyn and mal[e•a"U"tam at Belardo and Chalk right side back to Indian Cyn Dr.Tura left
and Chalk to Alejo Rd.
Turn left on Alejo and Palm Cyn. and Chalk the right side of Palm Cyr all the way`to
ftisto Rd. Continue on Palm Cyn to Raman M Turn right on Ramon Rd, tam right on
Belardo Rd. and Chalk right side all the way to Alcio Rd, DS T CH�.K N ISELTM
DRIVEI Make a"U"turn at Aleja and Chalk back to Arenas Rd.This ends Mor tart!
CHALK TIMES: Ist Time 2nd Time 3rd Time
Tahgwtz Canyon way
Indian Canyon Drive
North Palm Carryon Dr.
Alejo Road
Palm Canyon East Side
Indian Canyon West Side
Baristo Road
Arenas Road
An ;5 RW
Amado Road
Palm Canyon West Side
Belardo Road
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EXHIBIT A••'I
Date: Start Time: — End Time:
{ Beginning Mileage Ending Iai'jleage _ GaLR
CHALK_TIMBS
latime vo amp 3"'time
j Tahquhz Canyon Way
j .Iudian Canyon WW(E)
N.Palms Canyon(Via Lola)
Algo Rd
Palm Canyon(E.side) A
Indian Canyon(W side)
Palm Canyon Dr(W.side)
I Bekdo ML(B.
Belardo Rd.(W. side)
Baristo Rd
r Arenas FA
Amado Rd
PAREAT LOTS AND SIX PPIN•Cr CEN t ERA
Finished Times
j YsT time 2°'time 3"0 time
I Stater$ros.
AlbWwns
BkM Coyote
Mereado
Vineyard
Cinema 10
Smoketree
Parking Strncti=
Las camelas
Henry Frank .
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EXHIBIT"B"
SCHEDULE OF COMPENSATION
Total compensation for the seven month term of this agreement shall not exceed $71,050.00.
Contractor shall be compensated at the following rates:
Hourly rate for Parking Enforcement Activity: $22.00 per hour.
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.
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