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HomeMy WebLinkAbout2006-03-01 STAFF REPORTS 2P tQALMA. SA o ?� � dA�c e + TPOpgiEa C'94/F0RN�P City Council Staff Report DATE: March 1, 2006 CONSENT CALENDAR SUBJECT: APPROVE CONTRACT WITH STANDARD PARKING FOR DOWNTOWN PARKING ENFORCEMENT SERVICES 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. This contract was originally bundled with parking lot management and traffic control services at the Palm Springs International Airport. The parking lot management and traffic control services portion of that contract were recently re-competed via a request for proposals (RFP) process and a new firm was hired. Because downtown parking enforcement cannot be funded with Airport funds, this portion of the contract was not included in that RFP process. Although the City Council has suspended enforcement of the time limits in City parking lots through the end of June, the City still requires downtown parking enforcement services. Approval of this contract will provide for parking enforcement services in the downtown for a seven (7) month period at which time the full extent of the City's downtown parking enforcement program will be known and a RFP can be issued. RECOMMENDATION: 1. Adopt Minute Order No. approving a contract for downtown parking enforcement services with Standard Parking in an amount not-to-exceed $71,050 for a seven-month period expiring September 30, 2006. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Standard Parking, formerly APCOA, has been providing parking enforcement services in the downtown area since 1998. These services were provided as part of a larger contract between the City and Standard Parking for parking management and traffic Item No. n p. r . Downtown Parking Enforcement Services March 1, 2006 Page 2 control services at the Palm Springs International Airport. This contract, which was originally scheduled to expire on April 1, 2005, was extended several times to facilitate a [Request for Proposal (RFP) process for parking management and traffic control services at the Airport. Since Airport funds can not be used to support activities and/or services outside of the airport, staff did not include the downtown parking enforcement component as part of the RFP for parking management and traffic control services. It was anticipated that a separate RFP would have to be issued for the downtown parking enforcement services. Last year, 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 extension, which was originally scheduled to end in December 2005, was Extended by the City Council through the end of June 2006 to enable the Merchants Association enough time to evaluate the results of the pilot program and to develop a comprehensive parking management plan. This plan is expected to be presented to the City Council in May. Until the details of this plan are released, its impacts fully understood and a scope of work identified, staff felt it would be pointless to issue a RFP for downtown parking enforcement services. Even though the City Council has suspended the time restrictions in all public parking lots through June 30t", the City continues to enforce on-street time limits, disabled parking and loading area infractions. These services have been provided by Standard Parking. Unfortunately, with the termination of Standard's contract for parking management and traffic control services at the Airport, the City now finds itself without an agreement to provide downtown parking enforcement service. Initially, staff was concerned that Standard would be unwilling to provide downtown parking enforcement services without the Airport portion of the contract. In January, staff met with Standard Parking to discuss their willingness to provide downtown parking enforcement services. Standard has indicated that they are willing to continue providing this service. The proposed short-term agreement with Standard is slightly different than the previous agreement. Specifically, staff has shifted from a maximum to minimum number of hours worked per week and modified the contractor's fee arrangement. In the prior agreement, Standard's monthly fee consisted of two components: (1) a fixed management fee of$2,150 to oversee and manage the contract; and (2) reimbursement of the contractor's monthly operating expenses (e.g., salaries, uniforms, office supplies, etc.) in an amount not-to-exceed $8,000 per month. The total monthly cost under this arrangement was $10,150. Under the proposed short-term agreement, staff is recommending a flat rate of $22.00 per hour. This rate includes both the management fee and all operating costs. Standard has agreed to this new approach and will charge the City for time worked at the agreed upon rate of $22.00 per hour. In comparison, the new contractor providing parking management services at the Airport quoted the City a rate of $25.90 per hour. Downtown Parking Enforcement Services March 1, 2006 Page 3 In light of the current suspension of the time restrictions in public parking lots, staff recommends that the contractor's total hours be adjusted from a maximum of 161 that was set under the prior agreement to a minimum of 91 hours per week. Staff believes that this adjustment should sufficiently cover our enforcement needs until a decision is made on the scope of the long-term enforcement program. Based on a minimum of 91 hours per week and a rate of $22.00 per hour, the City's monthly cost for parking enforcement services is estimated at $8,008. This is a cost savings of $2,142 per month over the previous monthly rate. If it is determined for whatever reason that additional enforcement hours are necessary, the City could increase the total number of hours to 115 hours per week and still stay within the current budgeted amount for parking enforcement services. The proposed agreement will provide parking enforcement services through September 30, 2006. Once a determination has been made on the scope of parking enforcement in the downtown area, staff will prepare a RFP for parking enforcement services. It is anticipated that the RFP process will take several months to complete. FISCAL IMPACT: Finance Director Review: This is already a budgeted expense and there are sufficient funds in the Parking Control Program (#4461-43200) to cover the monthly cost for parking enforcement services through the end of the fiscal year. Additional funds will need to be budgeted in the coming fiscal year to cover the balance of the contract sum. Tro . Butzla A s' tant City Manager David H. Ready, City Manager Attachments: 1. Minute Order 2. Contract Services Agreement with Standard Parking Downtown Parking Enforcement Services March 1, 2006 Page 4 MINUTE ORDER NO. APPROVING A CONTRACT SERVICES AGREEMENT WITH STANDARD PARKING FOR DOWNTOWN PARKING ENFORCEMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED $71,050 FOR A SEVEN MONTH PERIOD EXPIRING SEPTEMBER 30, 2006. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving a Contract Services Agreement with Standard Parking for Downtown Parking Enforcement Services in an amount not-to-exceed $71,050 for a seven month period expiring September 30, 2006 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15t day of March 2006. James Thompson, City Clerk 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 _ day of by and between the CITY OF PALM SPRINGS, a municipal corporation(herein"City')and Standard Parking Corporation, Inc,.(herein"Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 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 2.1 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"). 2.2 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)is 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 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 Assignment. 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. 3.4 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 contractorof City and shall remain underonly such obligations as are consistent with that role. Contractor shall not at anytime 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 Contractor shall procure and maintain,at its sole cost and 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 worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's 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 Insurance or binders are approved by the City. 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 orthe activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to 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 anyjudgment 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. 3 V-" 6.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,this 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 maybe 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 of Interest. No officer or employee of the City shall have any financial interest, director indirect, in this Agreement nor shall any such officer or 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 parry 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. 4 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 at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severabilit . In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competentjurisdiction,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 outthe intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either parry 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 or approval of any act by the other party requiring the party's consent orapproval 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,whetheror 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 parry is duly organized and existing,(4)they are duly authorized to execute and deliver this Agreement on behalf of said party, (W)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. 6 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 By: By: City Clerk City Manager CONTRACTOR: Standard Parking Corporation, Inc. 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:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: t State of � State of I / County of ss County iss On---before me, On before me, personallyappeared 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)istare satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to methat subscribed to thewithin 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/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the capacity(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 Signature: Notary Signature: Notary Seal: Notary Seal: 6 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; O All "time restricted" on-street parking; • All "No Parking Anytime"areas; Y Vehicles parked on sidewalks; • Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks; and • Vehicles parked facing the wrong way. Enforcement Hours Time/Day: 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 may be 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 Contractors 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. 7 EXHIBIT A-t STANDARD DOWNTOWN P.C.O. STREETROUTE I Your route will start.at the corner of Tahquitz Cyn. Way and Calle Encilla Rd.. Chalk right side all the way to Belardo Road make a'RI"turn and chalk the right side all the way to,Calle El Segundo Rd. Tura 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(Irandivia Vehnonte,turn right on Palm Canyon,Chalk all the way to Via Lola Rd.do a"iP'trun and Chalk back to Alejo Rd. Turn right on Alejo Rd. and Chalk the right side to Belardo Rd. Do a"U" turn back to Palm Canyon Dr, turn right and Chalk the left side of street all the way to Baristo Rd., continue on Pahn Canyon Dr.to Ramon Rd.. Turn left on Ramon Rd.to Indian Cyn turn 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 Indian: 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 lot.Chalk j the right side of road from Palm Canyon to Indian Cyn,Turn left again and Chalk the left i side to Amado Rd.Turn left on Amado Rd and Chalk right side to Pahn Cyn.cross Palm Cyn and make a"U"turn at Belardo and Chalk right side back to Indian Cyn Dr. Turn left and Chalk to Alejo Rd. Turn left on Alejo and Palm Cyn. and Chalk the right side of Pahn Cyn all the way`to Baristo Rd. Continue on Palm Cyn to Ramon Rd. Turn right on Ramon Rd, turn right on Belardo Rd, and Chalk right side all the way to Mejo Rd. rBELT- DRIVEI Make a"U'turn at Alejo and Chalk back to Arenas Rd,This ends your tour! CHALK TIMES: 1st Time 2nd Time 3rd Time Tahgwtz Canyon Way Indian Canyon Drive _^ North Palm Canyon Dr. Alejo Road Palm Canyon East Side Indian Canyon West Side Batisto Road Arenas Road Andreas Road Amado Road Pahn Canyon West Side Belardo Road i EXHIBIT A-1 Date: Start Tune: End Time: Beginning Mileage Ending Mileage Gals. CHALK TIMES l"`time 2"d time 3`d time Tahquitz Canyon Way Indian Canyon Way(E) N.Palm Canyon(Via Lola) Palm Canyon(B.side) Indian Canyon(W.side) Palm Canyon Dr(W. side) Belardo Rd(E.side) . Belatdo Rd.(W.aide) �. BaristoRd Arenas Rd Amado Rd i PARKING LOTS AND SHOPPING CENTERS Finished Times fu time 2°'time 3'd time P.S.Mall Stater Bros. Albertsons Blue Coyote Mercado Vineyard Cinema 10 Smaketree Parking Structure Las Casttelas Henry Trank EXHIBIT"B" SCHEDULE OF COMPENSATION i 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. S