HomeMy WebLinkAboutCC AG PKT 2010-06-14 #OAGENDA STAFF REPORT
DATE: June 14, 2010
TO: Honorable Mayor and City Council
THRU David N. Carmany, City Manager
FROM: Jill R. Ingram, Assistant to the City Manager
SUBJECT: AGREEMENT WITH THE CITY OF LONG BEACH FOR
PARKING METER MAINTENANCE, REPAIRS, AND
COLLECTION SERVICES
SUMMARY OF REQUEST:
That the City Council consider the adoption of Resolution No. 6014 approving the
agreement for Parking Meter Maintenance, Repairs, and Collection Services
between the City of Seal Beach and the City of Long Beach and authorize the
City Manager to execute the agreement on behalf of the City.
BACKGROUND:
Since February 1, 1999, the City of Seal Beach has contracted with the City of
Long Beach to provide maintenance, repairs, and collection services to the 76
installed parking meters in three (3) municipal parking lots located in the 100
block of Main Street, the southwest corner of Main and Electric, and the
southeast corner of Main and Electric. The current agreement, attached to this
report as Attachment C, expired on December 31, 2009. However, the City of
Long Beach has continued to provide services and comply with all requirements
per the agreement while a new agreement was prepared and approved by the
Long Beach City Council on April 20, 2010, and then forwarded for review and
approval by Seal Beach City Council.
The current agreement which expired on December 31, 2009 does not allow for
an extension of term. Therefore, the City of Long Beach has submitted a new
agreement beginning January 1, 2010, and remaining in effect until such time as
either Long Beach or Seal Beach wishes to terminate the Agreement. Attached
to this report as Attachment B is the proposed new agreement, which includes no
additional changes to the services provided in the current agreement. Key areas
include:
Agenda Item 0
Page 2
✓ Twice weekly coin collection from parking meters from March 1 through
October 31, and once weekly from November 1 through February 28;
J Perform maintenance by visually checking every parking meter, once
daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach work
days) for jam -ups, broken parts, graffiti, etc. and make repairs
immediately; and
✓ Perform repairs as necessary, including cleaning, painting, and performing
major repairs that take over two days to repair and returning meters to the
factory.
FISCAL IMPACT:
As in the previous agreement, the annual service fee is $12 000 plus a
Consumer Price Index (CPI) increase not
2010 increased by 2.6 %, and therefore
$12,312. This expenditure is budgeted in
11, and is fully offset by parking meter
payments are paid quarterly.
RECOMMENDATION:
to exceed 5 %. The CPI for January
the annual service fee for 2010 is
account #001 - 000 -30430 for FY 2010 -
revenues. The annual service fee
That the City Council adopt Resolution No. 6014 approving the agreement for
Parking Meter Maintenance, Repairs, and Collection Services between the City
of Seal Beach and the City of Long Beach and authorize the City Manager to
execute the agreement on behalf of the City.
SUBMITTED BY:
- awal-
Jill . Ingram
ssistant to the Ci anager
NOTED AND APPROVED:
5�!b
David N. Carmany
City Manager
Attachments:
A. Resolution No. 6014
B. Agreement
C. Existing Agreement #30089
ATTACHMENT "A"
Resolution No. 6014
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, APPROVING THE AGREEMENT
FOR PARKING METER MAINTENANCE, REPAIRS, AND
COLLECTION SERVICES BETWEEN THE CITY OF SEAL
BEACH AND THE CITY OF LONG BEACH"
RESOLUTION NUMBER 6014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, APPROVING THE AGREEMENT
FOR PARKING METER MAINTENANCE, REPAIRS, AND
COLLECTION SERVICES BETWEEN THE CITY OF SEAL
BEACH AND THE CITY OF LONG BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Seal Beach hereby approves the
Agreement for Parking Meter Maintenance, Repairs, and Collection Services
Between the City of Seal Beach and the City of Long Beach, commencing
January 1, 2010 and remaining in effect until such time as either Long Beach or
Seal Beach wishes to terminate the agreement and incorporated herein by this
reference. Annual base cost is $12,000 plus the annual (January) Consumer
Price Index increase (not to exceed 5 %).
SECTION 2. Authorizes the City Manager of the City of Seal Beach to execute
the Agreement on behalf of the City.
SECTION 3. The Clerk shall certify the adoption of the resolution.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 14th day of June , 2010 by the
following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6014 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of June , 2010.
City Clerk
ATTACHMENT "B"
AGREEMENT FOR PARKING METER MAINTENANCE
AND COLLECTION SERVICES BETWEEN THE CITY
OF SEAL BEACH AND THE CITY OF LONG BEACH
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AGREEMENT
THIS AGREEMENT is made and entered, in duplicate, as of April 28, 2010
for reference purposes only, pursuant to a minute order adopted by the City Council of
the City of Long Beach at its meeting held on April 20, 2010, by and between the CITY
OF SEAL BEACH, a municipal corporation, whose address is 211 Eighth Street, Seal
Beach, California 90740 ( "Seal Beach "), and the CITY OF LONG BEACH, a municipal
corporation ( "Long Beach ").
WHEREAS, Seal Beach installed parking meters in three (3) municipal
parking lots located in the 100 block of Main, the southwest corner of Main and Electric,
and the southeast comer of Main and Electric, which require maintenance and collection
services; and
WHEREAS, Long Beach is willing and able to provide maintenance and
collection services as described in and in accordance with this Agreement, and Seal
Beach is willing to pay for said services;
NOW, THEREFORE, in consideration of the mutual terms and conditions
contained herein, the parties agree as follows:
1. TERM
A. This Agreement shall commence at midnight on January 1,
2010 and will remain in effect until such time as either Long Beach or Seal Beach
wishes to terminate the Agreement.
B. Either party may terminate this Agreement, with or without
cause, by giving sixty (60) days' notice of termination to the other party.
2. DEFINITIONS The following definitions shall apply to this
Agreement:
A. "Collection" shall mean collecting coins from parking meters
twice weekly from March through October and once per week from November
through February. Long Beach will place the coins in a secured collection cart
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provided by Sea) Beach and leave said cart at the Seal Beach Finance
Department.
B. "Maintenance" shall mean visually checking every parking
meter, once daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach
workdays) for jam -ups, broken parts, graffiti, etc. Long Beach will make repairs
immediately. If a parking meter cannot be repaired in the field, Long Beach will
install a replacement meter supplied by Seal Beach. Seal Beach will also provide
batteries. Emergency repairs and repairs due to vandalism are not considered
routine maintenance.
C. `Repair Service" shall mean cleaning, painting, performing
major repairs (that take over two (2) days to repair) and returning meters to the
factory.
D. "Immediate and free access" shall mean unobstructed
entrance and exit to the parking lot where the parking meters are located and free
parking for Long Beach 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 to gain immediate and free access.
Parts, except batteries, required for preventive maintenance are included in
the annual service fee. Long Beach will invoice Seal Beach for parts that cost more that
one hundred dollars ($100), at the actual cost of the part plus twenty percent (20 %).
4. ANNUAL SERVICE FEE
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A. Seal Beach shall pay to Long Beach for maintenance and
collection services the sum of Twelve Thousand Dollars ($12,000) annually in
quarterly payments of Three Thousand Dollars ($3,000) each within fifteen (15)
days after receipt of an invoice from Long Beach.
B. Long Beach may, in its sole discretion, annually increase the
fee for maintenance and collection services by the consumer price index, but such
increase shall not exceed five percent (5 %) of the previous years' fee.
C. If Seal Beach requests services in addition to those identified
herein, Seal Beach shall pay to Long Beach for the parts and labor related to
those services the actual cost of the parts plus twenty percent (20 %) and labor at
the rate of Fifty Dollars ($50) per hour.
D. If this Agreement is terminated pursuant to Section 1.13.
above, then Seal Beach shall not be entitled to any refund of any quarterly
payment already paid but Seal Beach shall have no further obligation to pay any
subsequent quarterly payment. Seal Beach shall pay Long Beach for additional
services performed prior to the effective date of termination 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 defective.
6. RESPONSIBILITIES OF SEAL BEACH
A. Within three (3) business days -following the commencement
date of this Agreement, Seal Beach shall deliver to Long Beach a list containing
the names of individuals who are authorized by Seal Beach to request additional
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services. That list shall also contain the name, address and telephone number of
the person who will serve as Administrator of this Agreement.
B. If any parking meter cannot be maintained at its normal
location so that it must be removed, Seal Beach shall provide a replacement
meter.
7.. ASSIGNMENT Neither party shall assign its rights or delegate its
duties hereunder, or any interest herein, or any portion hereof, without the prior written
approval of the other party. Any attempted assignment or delegation shall be void, and
any assignee or delegate shall acquire no right or interest by reason of such attempted
assignment or delegation. However, Long Beach may as it deems necessary
subcontract the performance of services hereunder.
8. NOTICE Notice shall be in writing and personally delivered or
deposited in the U.S. Postal Service, first class, postage prepaid, addressed to Seal
Beach at the address first stated herein and to Long Beach at 333 West Ocean
Boulevard, Long Beach, California 90802 Attn: City Manager. Notice shall be deemed
given on the date of personal deliver or on the date of deposit in the mail, whichever first
occurs.
9. MUTUAL INDEMNITY In accordance with Sections 895 through
895.8 of the California Government Code, each party hereby assumes the liability
imposed on it, its officials, and employees for injury (as defined in Section 810 of the
California Government Code) caused by a negligent or wrongful act or omission
occurring in performance of each party as required in this Agreement to the same extent
that such liability would be imposed on the absence of these Sections. To that end, each
party shall defend, indemnify and hold harmless the other party for any claim, demand,
cause of action, loss, liability, damage, cost, or expense that may be imposed on such
party solely by virtue of Section 895.2 of the California Government Code.
10. MISCELLANEOUS
A. This Agreement shall not be amended, nor any provision or
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breach hereof waived, except in writing signed by the parties which expressly
refers to this Agreement.
B. This Agreement constitutes the entire understanding between
the parties and supersedes all other agreements, oral or written, with respect to
the subject matter herein.
C. This Agreement is intended by the parties to benefit
themselves only and is not in any way intended or designed to or entered for the
purpose of creating any benefit or right for any person or entity of any kind that is
not a party to this Agreement.
D. If there is any legal proceeding between the parties to enforce
or interpret this Agreement or to protect or establish any rights or remedies
hereunder, the prevailing party shall be entitled to its costs and expenses,
including reasonable attorney's fees.
E. This Agreement shall be governed by and construed pursuant
to the laws of the State of California (except those provisions of California law
pertaining to conflicts of laws).
F. In connection with performance of this Agreement, neither
party shall discriminate against on the basis of race, religion, national origin, color,
age, sex, sexual orientation, gender identity, AIDS, HIV status, handicap or
disability.
///
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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
2010 By
Title
"Seal Beach"
, 2010
CITY OF LONG BEACH, a municipal
corporation
City Manager
"Long Beach"
This Agreement is approved as to form on , 2010.
ROBERT E. SHANNON, City Attorney
By
Deputy
R
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ATTACHMENT "C"
CURRENT AGREEMENT NO. 30089 - FOR PARKING
METER MAINTENANCE AND COLLECTION SERVICES
WITH THE CITY OF LONG BEACH
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AGREEMENT
30089
THIS AGREEMENT is made and entered, in duplicate, as of January 29,
2007 for reference purposes only, pursuant to a minute order adopted by the City Council
of the City of Long Beach at its meeting held on January 23, 2007, by and between the
CITY OF SEAL BEACH, a municipal corporation, whose address is 211 Eighth Street, Seal
Beach, California 90740 ( "Seal Beach "), and the CITY OF LONG BEACH, a municipal
corporation ( "Long Beach ").
WHEREAS, Seal Beach installed parking meters in three (3) municipal
parking lots located in the 100 block of Main, the southwest comer of Main and Electric,
and the southeast comer of Main and Electric, which require maintenance and collection
services; and
WHEREAS, Long Beach is willing and able to provide maintenance and
collection services as described in and in accordance with this Agreement, and Seal Beach
is willing to pay for said services;
NOW, THEREFORE, in consideration of the mutual terms and conditions
contained herein, the parties agree as follows:
1. Tenn
A. This Agreement shall commence at midnight on January 1, 2007, and
shall terminate at 11:59 p.m. on December 31, 2009.
B. Either party may terminate this Agreement, with or without cause, by
giving sixty (60) days' notice of termination to the other party.
2. Definitions The following definitions shall apply to this Agreement:
A. "Collection" shall mean collecting coins from parking meters twice weekly
from March through October and once per week from November through February. Long
Beach will place the coins in a secured collection cart provided by Seal Beach, and leave
said cart at the Seal Beach Finance Department.
B. "Maintenance" shall mean visually checking every parking meter, once
1
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 majorrepairs (that
7 take over two [2] days to repair) and returning meters to the factory.
8 I 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.
11 3. Services Long Beach shall perform maintenance on and collection from
12 seventy -six (76) Duncan Electronic (Model 90) parking meters located at three (3) parking
E e
13 lots at the 100 block of Main Street, the southwest comer of Main and Electric Streets, and
G C 7 a d
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d y ; ` h 14 the southeast comer of Main and Electric Streets. Maintenance may be performed where
a 15 the parking meters are located or, at the sole discretion of Long Beach, at Long Beach
Y Y
F 16 facilities or at facilities selected by Long Beach. Seal Beach shall give immediate and free
17 access to Long Beach while Long Beach is performing services hereunder. Long Beach
18 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 of Twelve Thousand Dollars ($12,000.00) annually in quarterly payments
26 of 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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maintenance and collection services by the consumer price index, but such increase shall
not exceed five percent (5 %) of the previous years' fee.
C. If Seal Beach requests services in addition to those identified herein, Seal
Beach shall pay to Long Beach for the parts and labor related to those services the actual
cost of the parts plus twenty percent (20 %) and labor at the rate of Fifty Dollars ($50.00)
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 already paid but Seal
Beach shall have no further obligation to pay any subsequent quarterly payment. Seal
Beach shall pay Long Beach for additional services performed prior to the effective date
of termination 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 cant' the warranty, if any, of the
manufacturer and Seal Beach shall look solely to the manufacturer if a part fails or is
{ defective.
6. Responsibilities of Seal Beach
A. Within three (3) business days following the commencement date of this
Agreement, Seal Beach shall deliver to Long Beach a list containing the names of
individuals who are authorized by Seal Beach to request additional services. That list shall
also contain the name, address and telephone number of the person who will serve as
Administrator of this Agreement.
B. If any parking meter cannot be maintained at its normal location so that
it must be removed, Seal Beach shall provide a replacement meter.
7. Assignment Neither party shalt assign its rights or delegate its duties
hereunder, or any interest herein, or any portion hereof, without the prior written approval
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of the other party. Any attempted assignment or delegation shall be void, and any
assignee or delegate shall acquire no right or interest by reason of such attempted
assignment or delegation. However, Long Beach may as it deems necessary subcontract
the performance of services hereunder.
8. Notice Notice shall be in writing and personally delivered or deposited
in the U.S. Postal Service, first class, postage prepaid, addressed to Seal Beach at the
address first stated herein and to Long Beach at 333 West Ocean Boulevard, Long Beach,
CA 90802 Attn: City Manager. Notice shall be deemed given on the date of personal
delivery or on the date of deposit in the mail, whichever first occurs.
9. Mutual Indemnity In accordance with Sections 895 through 895.8 of the
California Government Code, each party hereby assumes the liability imposed on it, its
officials, and employees for injury (as defined in Section 810 of the California Government
Code) caused by a negligent or wrongful act or omission occurring in performance of each
party as required in this Permit to the same extent that such liability would be imposed on
the absence of these Sections. To that end, each party shall defend, indemnify and hold
harmless the other party for any claim, demand, cause of action, loss, liability, damage,
cost, or expense that may be imposed on such party solely by virtue of Section 895.2 of
the California Government Code.
10. Miscellaneous
A. This Agreement shall not be amended, nor any provision or breach hereof
waived, except in writing signed by the parties which expressly refers to this Agreement.
B. This Agreement constitutes the entire understanding between the parties
and supersedes all other agreements, oral or written, with respect to the subject matter
herein.
C. This Agreement is intended by the parties to benefit themselves only and
is not in any way intended or designed to or entered for the purpose of creating any benefit
or right for any person or entity of any kind that is not a party to this Agreement.
D. If there is any legal proceeding between the parties to enforce or interpret
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this Agreement or to protect or establish any rights or remedies hereunder, the prevailing
party shall be entitled to its costs and expenses, including reasonable attorneys fees.
E. This Agreement shall be governed by and construed pursuant to the laws
of the State of California (except those provisions of California law pertaining to conflicts
of laws).
F. In connection with performance of this Agreement, neither party shall
discriminate against on the basis of race, religion, national origin, color, age, sex, sexual
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
CITY OF LONG BEACH, a municipal corporation
�6 .2007 B
. City Manager
°Long Beach"
This Agreement is approved as to form on 3faq 2007.
ROBERT E. SHANNON, City Attorney
LAC:bg
07 -00440
L:WPPSC'WU MWPDOCSXD0291P0051 WON15.WPO
By
Depu City Attorney
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