HomeMy WebLinkAboutCC AG PKT 2007-03-12 #J
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AGENDA REPORT
DATE:
March 12, 2007
TO:
Honorable Mayor and City Council
THRU:
Greg Beaubien, Interim City Manager
FROM:
June Y otsuya, Assistant City Manager
SUBJECT:
PARKING METER SERVICE AGREEMENT BETWEEN
CITY OF LONG BEACH AND CITY OF SEAL BEACH
SUMMARY OF REOUEST:
Staff recommends that the City Council approve a new parking meter service agreement between the
cities of Long Beach and Seal Beach for a tenn of three years expiring on December 31, 2009.
e DISCUSSION:
Since 2001, the City of Seal Beach has contracted with the City of Long Beach to provide repair and coin
collection services to the 76 electronic parking meters in the Main Street municipal parking lots. The last
service agreement expired in January 2007. However, the City of Long Beach has continued to provide
services per the agreement while the appropriate documents were prepared and approved by the City of
Long Beach.
The City of Long Beach and their parking meter technicians continue to comply with all requirements of
previous agreements. The City of Long Beach has in the past provided amendments to the original 2001
contract for approval. This year, the City of Long Beach has submitted a new agreement covering the
period of January 1, 2007 through December 31, 2009 with no additional changes to the services provided
to the City of Seal Beach.
The parking meter agreement includes: twice weekly coin collection between March 1 and October 31
and once a week collection between November 1 and February 28; daily (M-F) inspection of meters for
jams, broken parts, graffiti, etc; periodic audits with hand-held data terminal; and service repairs when
necessary. The following services are excluded from the agreement: 1) if Seal Beach requests services to
those already identified, the City of Seal Beach shall pay for parts and labor related to those services, i.e.,
the actual cost of the parts plus 20"10 and labor at the rate of $50 per hour; 2) Seal Beach will pay for
meter batteries; and 3) emergency repairs and repairs due to vandalism are not considered ''routine
maintenance."
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A8ENDA ITEM .:r
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March 12, 2007
City Council Agenda Report - Parking Meter Service Agreement
Page 2
FISCAL IMPAcr:
The City of Seal Beach will pay the City of Long Beach for maintenance and collection services the sum
ofS12,OOO annually during the term of this agreement. This fee is consistent with previous years and is
reflected in the budget as a net value from the estimated parking revenues.
RECOMMENDATION:
Staff recommends the City Council approve the parking meter service agreement between the City of
Long Beach and the City of Seal Beach for a three year period expiring on December 31, 2009.
Submitted by:
~ ~~;' ~
J e Y otsu:{a':' Assistant City Manager
NOTED AND APPROVED:
Greg Beau 'en, Interim City Manager
Attachment:
1. Parking Meter Services Agreement
2. Resolution re: Parking Meter Services Agreement
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE AGREEMENT BETWEEN THE CITY OF
SEAL BEACH AND THE CITY OF WNG BEACH FOR FARKING
MEI'ER MAINTENANCE AND COLLECTION SERVICES
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION I. The City Council hereby approve. the Agreement between the City
and City ofLong Besch whereby the City of Lang Beach agrees to provide parking mell:r
maintenance and collection services within the City of Seal Beach for a three-year period
from January I, 2007 through December 31,2009.
SECTION 2. The City Manager shall execute the ^-ment on behalf of the
City.
SECTION 3. The City Clerk shall certiJY to the passage and adoption of this
resolution.
PASSED AND ADOFTED this 12th day of March, 2007.
Mayor
ATI'EST:
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City Clerk
STATEOFCALIFORN!A )
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
!, Lindo Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Resolution, being Reoolution , was passed and approved by the City
Council of the City of Seal Beach at a regular meeting of said Council held on the 26tb
doy of June 2006 and lba1 Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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1
" AGREEMENT
2
3
THIS AGREEMENT is made and entered, in duplicate, as of January 29, :
4 2007 for reference purposes only, pursuant to a minute order adopted by the City Council
5 of the City of Long Beach at its meeting held on January 23, 2007, by "and between the
6 CITYOF SEAL BEACH, a municipal corporation, whose address is 211 Eighth Street, Seal
7 Beach, California 90740 ("Seal Beach"), and the CITY OF LONG BEACH, a municipal
8 corporation ("Long Beach").
9
WHEREAS, Seal Beach installed parking meters in three (3) municipal
10 parking lots located in the 100 block of Main, the southwest comer of Main and Electtric,
11 and the southeast comer of Main and Electric, which require maintenance and collection
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12 services; and
WHEREAS, Long Beach is willing and able to provide maintenance and
14 collection services as described in and in accordance with this Agreement, and Seal Beach
15 is willing to pay for said services;
NOW, THEREFORE, in consideration of the mutual terms and conditions
1 7 contained herein, the parties agree as follows:
18
1. Term.
A. This Agreement shall commence at midnight on January 1, 2007, and
19
20 shall terminate at 11 :59 p.m. on December 31,2009.
21
B. Either party may terminate this Agreement, with or without cause, by
22 giving sixty (60) days' notice of termination to the other party.
23
2. Definitions. The following definitions shall apply to this Agreement:
A. "Collection" shall mean collecting coins from parking meters twice weekly
24
25 from March through October and once per week from November through February. Long
26 ~each will place the coins in a secured collection cart provided by Seal Beach, and leave
e 27 said cart at the Seal Beach Finance Department.
28
B. "Maintenance" shall mean visually checking every parking meter, once
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1 daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach workdays) for jam-ups,
2 broken parts, graffiti, etc. Long Beach will make repairs immediately. If a parking meter
3 cannot be repaired in the field, Long Beach will install a replacement meter supplied by
4 Seal Beach. Seal Beach will also provide batteries. Emergency repairs and repairs due
5 to vandalism are not considered routine maintenance.
6 "Repair Service" shall mean cleaning, painting, performing major repairs (that
7 take over two [2] days to repair) and returning meters to the factory,
8 ' C. "Immediate and free aCcess" shall mean unobstructed entrance and exit
9 to the parking lot where the parking meters are located and free parking for Long Beach
10 vehicles twenty-four (24) hours a day.
3. Services. Long Beach shall perform maintenance on and collection from
seventy-six (76) Duncan Electronic (Model 90) parking meters located at three (3) parking
lots at the 100 block of Main Street, the southwest corner of Main and Electric Streets, and
the southeast corner of Main and Electric Streets. Maintenance may be performed where
the parking meters are located or, at the sole discretion of Long Beach, at Long Beach
facilities or at facilities selected by Long Beach. Seal Beach shall give immediate and free
access to Long Beach while Long Beach is performing services hereunder. Long Beach
shall not be liable for any delays caused by difficulties that it experiences when attempting
19 to gain immediate and free access.
20 Parts, except batteries, required for preventive maintenance are included in
21 the annual service fee. Long Beach will invoice Seal Beach for parts that cost more than
22 $100.00, at the actual cost of the part plus twenty percent (20%).
23 4. Annual Service Fee.
24 A. Seal Beach shall pay to Long Beach for maintenance and collection
25 services the sum ofTwelve Thousand Dollars ($12,000.00) annually in quarterly payments
26 C?f Three Thousand Dollars ($3,000.00) each within fifteen (15) days after receipt of an
27 invoice from Long Beach.
28 B. Long Beach may, in its sole discretion, annually increase the fee for
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1 maintenance and collection services by the consumer price index, but such increase shall
2 not exceed five percent (5%) of the previous years' fee.
3 C. If Seal Beach requests services in addition to those identified herein, Seal
4 Beach shall pay to Long Beach for the parts and labor related to those services the actual
5 cost of the parts plus twenty percent (20%) and labor at the rate of Fifty Dollars ($50.00)
6 per hour.
D. If this Agreement is terminated pursuant to Section 1 (B) above, then Seal
Beach shall not be entitled to any refund of any quarterly payment al~ady paid but Seal
Beach shall have:no further obligation to pay any subsequent quarterly payment. Seal
Beach shall pay Long Beach for additional services perfonned prior to the effective date
of tennination for which Long Beach has not been previously paid.
5. Warranty.
A. Seal Beach warrants that the parking meters are in good working order
as of the commencement date of this Agreement.
B. Long Beach makes no warranty or guarantee with respect to
maintenance. Any parts used in maintenance shall carry the warranty, if any, of the
manufacturer and Seal Beach shall look solely to the manufacturer if a part fails or is
18 defective.
19 6. Resoonsibilities of Seal Beach.
20 A. Within three (3) business days following the commencement date of this
21 Agreement, Seal Beach shall deliver to Long Beach a list containing the names of
22 individuals who are authorized by Seal Beach to request additional services. That list shall
23 also contain the name, address and telephone number of the person who will serve as
24 Administrator of this Agreement.
25 B. If any parking meter cannot be maintained at its nonnallocation so that
26 i,t must be removed, Seal Beach shall provide a replacement meter.
27 7. Assianment. Neither party shall assign its rights or delegate its duties
28 hereunder, or any interest herein, or any portion hereof, without the prior written approval
3
1 of the other party. Any attempted assignment or delegation shall be void, and any
2 assignee or delegate sh~1I .acquire no right or interest by reason of such attempted
3 assigfiiiienfor delegafion. However, Long Beach may as it deems necessary subcontract
4 the performance of services hereunder.
5 8. Notice. Notice shall be in writing and personally delivered or deposited
6 in the U.S. Postal Service, first class, postage prepaid, addressed to Seal Beach at the
7 address first stated herein and to Long Beach at 333 West Ocean Boulevard, Long Beach,
8 CA 90802 Attn: City Manager. Notice shall be deemed given on the date of personal
9 delivery or on the 'date of deposit in the mail, whichever first occurs.
10 9. Mutuallndemnitv. In accordance with Sections 895 through 895.8 of the
11 California Govemment Code, each party hereby assumes the liability imposed on it, its
~ 12 officials, and employees for injury (as defined in Section 810 of the California Government
11!;t..
Iii" j: ~ 13 Code) caused by a negligent or wrongful act or omission occurring in performance of each
a If=C:~
_" ~ ~ l Q' 14 party as required in this Permit to the same extent that such liability would be imposed on
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] ~ i ~ j 15 the absence ofthese Sections. To that end, each party shall defend, indemnify and hold
III ~~!l 16 harmless the other party for any claim, demand, cause of action, loss, liability, damage,
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~ 17 cost, or expense that may be imposed on such party solely by virtue of Section 895.2 of
18 the Califomia Government Code.
19 10. Miscellaneous.
20 A. This Agreement shall not be amended, nor any provision or breach hereof
21 waived, except in writing signed by the parties which expressly refers to this Agreement.
22 B. This Agreement constitutes the entire understanding between the parties
23 and supersedes all other agreements, oral or written, with respect to the subject matter
24 herein.
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25 C. This Agreement is intended by the parties to benefit themselves only and
2 6 i~ not in any way intended or designed to or entered for the purpose of creating any benefit
e 27 or right for any person or entity of any kind that is not a party to this Agreement.
28 D. ffthere is any legal proceeding between the parties to enforce or interpret
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1 this Agreement or to protect or establish any rights or remedies hereunder, the prevailing
2 party shall be entitled to its costs and expenses, including reasonable attorney's fees.
3 E. This Agreement shall be govemed by and construed pursuant to the laws
4 of the State of California (except those provisions of California law pertaining to conflicts
5 of laws).
6 F. In connection with performance of this Agreement, neither party shall
7 discriminate against on the basis of race, religion, national origin, color, age, sex, sexual
8 orientation, AIDS, HIV status, handicap or disability.
IN WITNESS WHEREOF, the parties hereto have caused these present to
be duly executed with all of the formalities required by law as of the date first stated above.
CITY OF SEAL BEACH, a municipal corporation
, 2007 By
Title
"Seal Beach"
CITY OF LONG BEACH, a municipal corporation
,2007
By
City Manager
"Long Beach"
This Agreement is approved as to form on
,2007.
ROBERT E. SHANNON, City Attorney
By
Deputy City Attomey
I:AC:bg
07-00440
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