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HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (27) U N ' w k Ca110NAiEO`qOb Oq<�FORN�P City Council Staff Report DATE: September 7, 2005 CONSENT CALENDAR SUBJECT: AMENDMENT NO. 3 TO AGREEMENT NO. A3514 WITH STANDARD PARKING FOR AN ADDITIONAL THREE (3) MONTH PERIOD DUE FOR PARKING LOT MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT FROM: David H. Ready, City Manager BY: Department of Aviation SUMMARY Amendment No. 2 to Agreement No. A3514 with Standard Parking authorized a six (6) month extension to the current agreement which expired on April 30, 2005 for parking lot management services for the City of Palm Springs. Amendment No. 2 extended the contract until October 30, 2005. Request for Proposals (RFP 01-06) for Parking Lot Management Services were originally due on August 26, 2005, however, the proposal deadline has been extended to September 27, 2005 to give prospective contractors more time to submit their RFP's. Amendment No. 3 will also provide additional time under the current contract so that staff has time to address all RFP questions and concerns. RECOMMENDATION: 1. Approve Minute Order No. , authorizing Amendment No. 3 to Agreement No. A3514 with Standard Parking for the purpose of operating the parking lot under the same management structure for an additional three (3) month period due to the extension of the submission deadline for Request for Proposal (RFP 01-06) seeking qualified operators for parking lot management services at the Palm Springs International Airport. 2. Authorize City Manager to execute Amendment No. 3. City Council Staff Report (September 7, 2005) -- Page 2 Standard Parking—Amendment No. 3 STAFF ANALYSIS: This action will allow for a three (3) month extension to Agreement No. 3514 which is scheduled to expire on October 30, 2005. Standard Parking is participating in RFP 01- 06 for parking lot management services at the Airport. Due to operational requirements for shuttle bus services for the Thanksgiving and Christmas holiday periods, and the transition time needed if a new operator is selected, staff believes that a February 1, 2006 start date will provide the most flexibility in ensuring a successful transition under a new agreement. FISCAL IMPACT: None Richard S. Walsh, A.A.E., Director of Aviation David H. Ready, Ci# lanager Attachments: Amendment No. 3 Minute Order No. MINUTE ORDER NO. APPROVE MINUTE ORDER NO. AUTHORIZING AMENDMENT NO. 3 TO AGREEMENT NO. A3514 WITH STANDARD PARKING FOR THE PURPOSE OF OPERATING THE PARKING LOT UNDER THE SAME MANAGEMENT STRUCTURE FOR AN ADDITIONAL THREE (3) MONTH PERIOD DUE TO THE EXTENSION OF THE SUBMISSION DEADLINE FOR REQUEST FOR PROPOSALS (RFP 01-06) SEEKING QUALIFIED OPERATORS FOR PARKING LOT MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT. I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to execute Amendment No. 3 to Agreement No. A3514 with Standard Parking for the purpose of operating the parking lot under the same management structure for an additional three (3) month period due to the extension of the submission deadline for Request For Proposals (RFP 01-06) seeking qualified operators for parking lot management services at the Palm Springs International Airport, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7�h day of September, 2005. JAMES THOMPSON City Clerk THIRD AMENDMENT TO PARKING LOT MANAGEMENT AGREEMENT NO. 3514 This THIRD AMENDMENT to Agreement No. 3514 for parking lot management services (herein "Agreement") is made and entered into this_day of , 2005, by and between the CITY OF PALM SPRINGS, a California municipal corporation (herein "City") and Standard Parking Corporation (herein "Contractor"). RECITALS WHEREAS,on May 1, 1995,Cityand Contractor entered into that certain Parking Lot Management Agreement, for the exclusive operation of the parking lot at Palm Springs International Airport ("Airport"); WHEREAS, on September 2, 1998, City and Contractor entered into a First Amendment to Parking Lot Management Agreement No. 3514 for the purpose of clarifying definitions, redefining facilities, modifying payment/fee structures, and extending the original agreement until April 30, 2005; and WHEREAS, on July 22, 2005, City and Contractor entered into a Second Amendment to Parking Lot Management Agreement No. 3514 to provide an extension of six (6) months for the purpose of operating the parking lot under the same management structure until such a time as Request for Proposal (RFP) could be developed to seek additional qualified operators; and WHEREAS, the parties wish to amend the Agreement pursuant to the terms of this Amendment to provide an extension of three (3) months for the purpose of operating the parking lot under the same management structure due to a necessary extension for submission deadlines for Request for Proposals (RFP 01-06) which is seeking qualified operators for parking lot management services at the Palm Springs International Airport AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. Article VI. Term of this Agreement. Is hereby amended to extend the Agreement for a period of three (3) months to January 30, 2006. 2. Due Execution. The person(s) executing this Third 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 Third Amendment on behalf of said party, (iii) by so executing this Third Amendment, such party is formally bound to the provisions of this Third Amendment, and (iv) the entering into this Third Amendment does not violate any provision of any other agreement to which said party is bound. 3. Full Force and Effect. The parties further agree that, except as specifically provided in this Amendment No. 3,the terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVE AS/TO FORM: City Attorney CONTRACTOR: Check 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 Chief Financial Officer). By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: State of } State of } County of )ss County of }ss 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 person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their 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 Notary Signature: Signature: Notary Seal: Notary Seal: SECOND AM TO< NdMEfVT PARKING LOT MANAGEMENT AGREEMENT NO, 3514 This SECOND AMENDMENT to Agreement No. 3514 for parking lot management services (herein "Agreement") is made and entered into this day of_�11 2005, by and between the CITY OF PALM SPRINGS, a California municipal corpormtion (herein "City') and Standard Parking (herein "Contractor"), a��drUlzutn�drrV, tl RECITALS WHEREAS, on May 1, 1995, City and Contractor entered into that certain Parking Lot Management Agreement, for the exclusive operation of the parking lot at Palm Springs International Airport ("Airport"); WHEREAS, on September 2, 1998, City and Contractor entered into a First Amendment to Parking Lot Management Agreement No. 3614 for the purpose of clarifying definitions, redefining facilities, modifying payment/fee structures, and extending the original agreement until April 30, 2005; and WHEREAS, the parties wish to amend the Agreement pursuant to the terms of this Amendment to provide an extension of six (6) months for the purpose of operating the parking lot under the same management structure until such time as a Request for Proposal (RFP) can be developed to seok additional qualified operators. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. Article VI. Term of this Aq eoment. Is hereby amended to extend the Agreement for a period of six (6) months to October 30, 2005, 2. Due Execution. The person(s) executing this Second Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ()i) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (ill) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment, and (Iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. 3. Full Force and Effect. The parties further agree that, except as specifically provided in this Amendment No. 2, the terms of the Agreement shall remain unchanged and in full force and effect. i APCOA, Inc. Parking Lot Mgmt. i * Amend #1 AGREEMENT #3514 M06218, 9-2-98 I FIRST AMENDMENT TO PARKING LOT MANAGEMENT AGREEMENT#3514 TIIIS FIRST AMENDMENT to Agreement 43514 for Contract Services,(herein "Agreement")made and entered into on the day of. Ulm. 1998, by and between the CITY OF PALM SPRINGS (herein "CITY") and APCOA, IN ., a corporation, (herein "APCOA") is hereby amended effective October 1, 1998, as follows: 1. "Article I. Definitions" is hereby amended by adding the following definition: 1.5 The term "Downtown" means the area bounded by Tachevah on the north, Sunny Dunes on the south,Belardo on the west and Calle Eocilia on the east,see Exhibit"C-I 1.6 The term "Metered Lots" means the municipal pay parking lots or privately owned pay parking lots operated under contract by the City,located in the Downtown as depicted on Exhibit "C-I" through "C-7" and as may be added to or deleted from time to time. '1.7 The term "Metered Streets" means a section of public right-of--way specifically designated by resolution of the City Council upon which an Area Meter is installed. "l.8 The term "Airport Loop" means the public roadway directly in front of the Airport Terminal Building depicted on Exhibit "A". "1.9 The term "Facilities" means the locations defined in Section 1.3 to 1.7 above." "1.10 The tern "Airport Parking Lot" means the public pay parking lot depicted on Exhibit "A" and any temporary parking areas designated by CITY." "1.11 The term "Taxi Starting Services" means the greeting and directing of potential taxicab passengers at the Airport's taxi stand area." 1,12 The term "Area Meters" means a centralized pay station for patrons of the Metered Lots and Metered Streets." 2. "Article II. Parking Lot." is hereby deleted in its entirety and replaced with a new "Article II. FACILITIES MANAGED" as follows: "II. FACILITIES MANAGED" 2.1 The Facilities to be managed and operated for CITY by APCOA under this Agreement are: (a)publicly owned properties to be managed and operated are the Airport Parking Lot, the Metered Lots, Metered Streets, the Airport Loop, and the parking enforcement in the Downtown,provided that the CITY shalt retain the right to modify the above named facilities and its parking enforcement program. In case of any such modification which materially decreases the compensation received by APCOA hereunder or materially increases its expenses, APCOA shall have a reciprocal right to renegotiate the payment provisions set forth in Article Ill hereof. CITY to negotiate in good faith, without any obligation of the parties to reach an agreement. CITY shall have the right I I APCOA, Inc. Airport's Pay Parking Lot ' 5-yr. Mgt Agr AGREEMENT #3514 ! DARLING LOT T MANAGEMENT AGREEMEN M05554, 4-5-95 TI3IS PARKING LOT AGREEMENT ("Agreement") is made and entered into to be effective as of the 1st day of May, 1995, by and between the CITY OF PALM SPRINGS, a municipal corporation, hereinafter referred to as "CIT`I", and APCOA, INC., a corporation, hereinafter referred to as "APCOA". I T H: WHEREAS, CITY owns and operates a regional airport and operates a terminal building in the City of Palm Springs, i California; and WHEREAS, APCOA is desirous of operating a parking lot at said terminal for CITY; and WHEREAS, CITY is agreeable to entering into an agreement with APCOA for the exclusive operation of the parking lot at the 1 terminal or at any new terminal area to which commercial scheduled airline operations may be changed during the term of this Agreement or any extension thereof upon the terms and conditions hereinafter stated; and WHEREAS, it is the intention of CITY that APCOA shall operate the parking lot for and on behalf of CITY and that this agreement shall not be construed so as to grant APCOA any interest in the premises designed by CITY as such parking lot other than to operate such parking lot for compensation for the services rendered CITY as provided in this Agreement. NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: I. DEFINITIONS 1.1 The term "CITY" whenever used herein means the City of Palm Springs, which shall include any designated agent, and, where such Agreement speaks of approval by the City of Palm Springs, this may also include approval by any designated agent. 1.2 The term "APCOA" whenever used herein means APCOA, Inc., and shall also include any agent or successor thereof approved by CITY in writing. 1.3 The term "Airport" means the Palm Springs Regional Airport, located at 3400 East Tahquitz Canyon Way, Palm Springs, California. 1.4 The term "Parking Lot" means the public parking lot servicing the terminal building at the Airport depicted on Exhibit "A" attached hereto and incorporated herein by reference. II. PARKING LOT 2.1 The property to be managed and operated for CITY by APCOA under this Agreement is the Parking Lot; provided that CITY shall retain the right to modify the Parking Lot and its parking enforcement plan. In case of any such modification which materially decreases the compensation received by APCOA hereunder, APCOA shall have a reciprocal right to renegotiate the payment provisions set forth in Article III hereof, , 2.2 APCOA, its agents, servants, patrons and invitees, suppliers of service and materials, subject to all ordinances, rules and regulations having application at the Airport, shall have the right- of ingress to and egress from the Parking Lot over and across all public roadways serving the Airport. F521A83101A 084-0"IA1213393d.A o0323195