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FIRST AMENDMENT TO AGREEMENT NO. 31706
431706
THIS FIRST AMENDMENT TO AGREEMENT NO. 31706 is made and
entered, in duplicate, as of August 14, 2018 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
August 7, 2018, 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, Long Beach and Seal Beach (the "Parties ") entered into
Agreement No. 31706 (the "Agreement') whereby Long Beach agreed to provide
maintenance and collection services to parking meters in three (3) municipal parking lots
located in Seal Beach; and
WHEREAS, the Parties desire to increase the current parking meter
collection services and increase the Annual Services Fee to offset the additional work;
NOW, THEREFORE, in consideration of the mutual terms and conditions
herein contained, the Parties agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"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; and from six (6) Parkeon
Strada pay machines from three (3) parking lots on Ocean Avenue. 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.
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Parts, except batteries, required for preventive maintenance are included in
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the annual service fee. Long Beach will invoice Seal Beach for parts that cost more than
one hundred dollars ($100), at the actual cost of the part plus twenty percent (20 %)."
2. Section 4 of the Agreement is hereby amended to read as follows:
"A. Seal Beach shall pay to Long Beach for maintenance and
collection services the sum of Twenty Thousand Dollars ($20,000) annually in
quarterly payments of Five Thousand Dollars ($5,000) 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 -Three Dollars ($53) 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
MOM
3. Except as expressly modified herein, all of the terms and conditions
contained in Agreement No. 31706 are ratified and confirmed and shall remain in full force
and effect.
///
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IN WITNESS WHEREOF, the Parties have caused this document to be duly
executed with all formalities required by law as of the date first stated above.
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2 , 2018
Tom Modica
Assistant City Manager
EXECUTED PURSUANT
TO SECTION 301 OF
THE ITY CHARTER
! 3 2018
CITY OF SEAL BEACH, a municipal
corporation
Name — In rim
Title cn+L4 MctnaaPa/
"Seal Beach"
CITY OF LONG BEACH, a municipal
corporation
By
City Manager
"Long Beach"
This First Amendment to Agreement No. 31706 is approved as to form on
2018.
CHAR ES PARKIN, City Attorney
By
Deputy
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AGREEMENT
31706
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 corner 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
1
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• •
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provided by Seal Beach and leave said cart at the Seal Beach Finance
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Department.
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B. "Maintenance" shall mean visually checking every parking
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meter, once daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach
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workdays) for jam -ups, broken parts, graffiti, etc. Long Beach will make repairs
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immediately. If a parking meter cannot be repaired in the field, Long Beach will
7
install a replacement meter supplied by Seal Beach. Seal Beach will also provide
8
batteries. Emergency repairs and repairs due to vandalism are not considered
9
routine maintenance.
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C. "Repair Service" shall mean cleaning, painting, performing
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major repairs (that take over two (2) days to repair) and returning meters to the
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D. "Immediate and free access" shall mean unobstructed
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entrance and exit to the parking lot where the parking meters are located and free
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parking for Long Beach vehicles twenty -four (24) hours a day.
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3. SERVICES. Long Beach shall perform maintenance on and
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collection from seventy -six (76) Duncan Electronic (Model 90) parking meters located at
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three (3) parking lots at the 100 block of Main Street, the southwest corner of Main and
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Electric Streets, and the southeast corner of Main and Electric Streets. Maintenance may
20
be performed where the parking meters are located or, at the sole discretion of Long
21
Beach, at Long Beach facilities or at facilities selected by Long Beach. Seal Beach shall
22
give immediate and free access to Long Beach while Long Beach is performing services
23
hereunder. Long Beach shall not be liable for any delays caused by difficulties that it
24
experiences when attempting to gain immediate and free access.
25
Parts, except batteries, required for preventive maintenance are included in
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the annual service fee. Long Beach will invoice Seal Beach for parts that cost more that
27
one hundred dollars ($100), at the actual cost of the part plus.twenty percent (20 %).
28
4. ANNUAL SERVICE FEE.
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A. Seal Beach shall pay to Long Beach for maintenance and
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collection services the sum of Twelve Thousand Dollars ($12,000) annually in
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quarterly payments of Three Thousand Dollars ($3,000) each within fifteen (15)
4
days after receipt of an invoice from Long Beach.
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B. Long Beach may, in its sole discretion, annually increase the
6
fee for maintenance and collection services by the consumer price index, but such
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increase shall not exceed five percent (5 %) of the previous years' fee.
8
C. If Seal Beach requests services in addition to those identified
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herein, Seal Beach shall pay to Long Beach for the parts and labor related to
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those services the actual cost of the parts plus twenty percent (20 %) and labor at
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the rate of Fifty Dollars ($50) per hour.
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D. If this Agreement is terminated pursuant to Section 1.13.
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above, then Seal Beach shall not be entitled to any refund of any quarterly
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payment already paid but Seal Beach shall have no further obligation to pay any
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subsequent quarterly payment. Seal Beach shall pay Long Beach for additional
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services performed prior to the effective date of termination for which Long Beach
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has not been previously paid.
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5. WARRANTY.
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A. Seal Beach warrants that the parking meters are in good
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working order as of the commencement date of this Agreement.
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B. Long Beach makes no warranty or guarantee with respect to
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maintenance. Any parts used in maintenance shall carry the warranty, if any, of
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the manufacturer and Seal Beach shall look solely to the manufacturer if a part
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fails or is defective.
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6. RESPONSIBILITIES OF SEAL BEACH.
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A. Within three (3) business days following the commencement
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date of this Agreement, Seal Beach shall deliver to Long Beach a list containing
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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.
Qi"z 2010
Approv as t� form:
Attorney - Seal Beach
` lU
2010
CITY OF SEAL BEACH, a municipal
corporation
By C>--1
Title City Manager
"Seal Beach"
CITY OF LONG BEACH, a municipal
corpor 'on
EXECUTED PURSUANT
SECTION 301 OF
By THE CITY CHARTER.
City Manager
Assistant City I'Vianager
"Long B ch"
This Agreement is approved as to form on �- �o�— 2010.
ARB:bg A10 -01297
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ROBE T E. SHANNON, ity Attorney
By
Deputy
[01
1
AGREEMENT
2
90489
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
CITY OF 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
s
corporation ( "Long Beach ").
9
WHEREAS, Seal Beach installed parking meters in three (3) municipal
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parking lots located in the 100 block of Main, the southwest corner of Main and Electric,
11
and the southeast comer of Main and Electric, which require maintenance and collection
12
services; and
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WHEREAS, Long Beach is willing and able to provide maintenance and
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collection services as described in and in accordance with this Agreement, and Seal Beach
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is willing to pay for said services;
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NOW, THEREFORE, in consideration of the mutual terms and conditions
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contained herein, the parties agree as follows:
18
1. Term.
19
A. This Agreement shall commence at midnight on January 1, 2007, and
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:
24
A. "Collection" shall mean collecting coins from parking meters twice weekly
25
from March through October and once per week from November through February. Long
26
Beach will place the coins in a secured collection cart provided by Seal Beach, and leave
27
said cart at the Seal Beach Finance Department.
28
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 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
lo 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
y N 13 lots at the 100 block of Main Street, the southwest comer of Main and Electric Streets, and
c °D�ao
a C N 14 the southeast corner of Main and Electric Streets. Maintenance may be performed where
2
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Ali
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u M M A 16 facilities or at facilities selected by Long Beach. Seal Beach shall give immediate and free
e
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
2
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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. Warrantv.
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
I 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 shall assign its rights or delegate its duties
hereunder, or any interest herein, or any portion hereof, without the prior written approval
3
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• 0
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 anyway 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
0
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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 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, 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
1-(` (A"" , 2007
CITY OF LONG BEACH, a municipal corporation
By
` City Manager
"Long Beach"
This Agreement is approved as to form on 3 A , 2007.
LAC:bg
07 -00440
L:\APPS\CtyLaw32\WPDOCS\DO29\PO05\00099615.WPD
ROBERT E. SHANNON, City Attorney
By KW Gt Ck�,
Depul City Attorney
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THIRD AMENDMENT TO AGREEMENT NO. 27232
2'7232
THIS THIRD AMENDMENT TO AGREEMENT NO. 27232 is made and
entered, in duplicate, as of September 20, 2004 for reference purposes only, pursuant to
a minute order adopted by the City Council of the City of Long Beach at its meeting on
September 7, 2004, by and between the CITY OF SEAL BEACH, a municipal corporation
( "Seal Beach "), and the CITY OF LONG BEACH, a municipal corporation ( "Long Beach ").
WHEREAS, the parties entered Agreement No. 27232 whereby Long Beach
agreed to provide maintenance for parking meters in Seal Beach; and
WHEREAS, the parties desire to extend the term of said Agreement;
NOW, THEREFORE, in consideration of the mutual terms and conditions in
Agreement No. 27232 and herein, the parties agree as follows:
1. Section 1 of Agreement No. 27232 is hereby amended in its entirety to
read as follows:
1. Term. A. This Agreement shall commence at midnight on
February 1, 2001, and shall terminate at 11:59 p.m. on January 31, 2007.
"B. Either party may terminate this Agreement, with or without cause, by
giving sixty (60) days prior notice of termination to the other party."
2. Except as expressly amended herein, all of the terms and conditions in
Agreement No. 27232 are ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this document to be duly
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executed with all formalities required bylaw as the date first
1
CITY A'L B6ACH alm
72004 By l�
Fed above.
icipal corporation
nager
"Seal 5Veach"
CITY OF LONG BEACH, a municipal corporation
I j • Z , 2004 By
City Manager
"Long Beach"
This Third Amendment to Agreement No. 27232 is approved as to form on
0 *7, 6 , 2004.
ROBERT E. S N N, City Attorney
By
Senior Deputy
This Third Amendment to Agreement is approved as to form on
2004. �l W
City Attorney, Seal Beach
DFG:rjr 09/17/04 (3`tlAmd #27232_AGR) #99 -00104
L:\APPS\CtyLaw32\WPDOCS\DO17\PO03\00065057.WPD
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SECOND AMENDMENT TO AGREEMENT NO. 27232
2'232
THIS SECOND AMENDMENT TO AGREEMENT NO. 27232 is made and
entered, in duplicate, as of January 16, 2003 for reference purposes only, pursuant to a
minute order adopted by the City Council of the City of Long Beach at its meeting on
March 6, 2001, by and between the CITY OF SEAL BEACH, a municipal corporation
( "Seal Beach "), and the CITY OF LONG BEACH, a municipal corporation ( "Long
Beach ").
WHEREAS, the parties entered Agreement No. 27232 whereby Long
Beach agreed to provide maintenance for parking meters in Seal Beach; and
WHEREAS, the parties desire to extend the term of said Agreement;
NOW, THEREFORE, in consideration of the mutual terms and conditions
in Agreement No. 27232 and herein, the parties agree as follows:
1. Section 1 of Agreement No. 27232 is hereby amended in its entirety to
read as follows:
1. Term. A. This Agreement shall commence at midnight on
February 1, 2001, and shall terminate at 11:59 p.m. on January 31, 2004.
"B. Either party may terminate this Agreement, with or without cause, by
giving sixty (60) days prior notice of termination to the other party."
2. Except as expressly amended herein, all of the terms and conditions in
I ///
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3
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Agreement No. 27232 are ratified and confirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this document to be
duly executed with all formalities required by law as of the date first stated above.
�'/ / 4/6.7 , 2003
04/ I �5 <CY'�' , 2003
CITY OF
"Seal RVach"
E CH, a m ipal corporation
City Manager
CITY OF LONG BEACH, a municipal corporation
,,LNG City Manager
"Long Beach"
This Second Amendment to Agreement No. 27232 is approved as to form
on 4 h , 2003.
it F
ROBERT E. SHA ON, City Attorney
By
De uty
This Second Amendment to Agreement is approved as to form on
2003.
City Attorney, Seal Beach
D FG:jbag01 -17 -03(1 stAmd #27232)99 -00104
L: \ APPS \CtyLaw32 \W PDOCS \D017\PD02 \00040195.wpd
2
1
AGREEMENT
2
30089
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
s
of the City of Long Beach at its meeting held on January 23, 2007, by and between the
6
CITY OF 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
1 o
parking lots located in the 100 block of Main; the southwest corner of Main and Electric,
11
and the southeast corner of Main and Electric, which require maintenance and collection
12
services; and
d boo
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WHEREAS, Long Beach is willing and able to provide maintenance and
V 7;
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collection services as described in and in accordance with this Agreement, and Seal Beach
d L y 15
is willing to pay for said services;
C�id"3 ut
M �H 16
NOW, THEREFORE, in consideration of the mutual terms and conditions
0
17
contained herein, the parties agree as follows:
18
1. Term.
19
A. This Agreement shall commence at midnight on January 1, 2007, and
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:
24
A. "Collection" shall mean collecting coins from parking meters twice weekly
25
from March through October and once per week from November through February. Long
2 6
Beach will place the coins in a secured collection cart provided by Seal Beach, and leave
27
said cart at the Seal Beach Finance Department.
28
B. "Maintenance" shall mean visually checking every parking meter, once
1
r
l • •
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.
s 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
to 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 N G
13 lots at the 100 block of Main Street, the southwest corner of Main and Electric Streets, and
N ^ 14 the southeast corner of Main and Electric Streets. Maintenance may be performed where
z = 15 the parking meters are located or, at the sole discretion of Long Beach, at Long Beach
za3��
M t=H 16 facilities or at facilities selected by Long Beach. Seal Beach shall give immediate and free
0
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
2
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21
22
23
24
25
26
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9
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 carry the warranty, if any, of the
manufacturer and Seal Beach shall look solely to the manufacturer if a part fails or is
I 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 shall assign its rights or delegate its duties
hereunder, or any interest herein, or any portion hereof, without the prior written approval
3
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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 carry the warranty, if any, of the
manufacturer and Seal Beach shall look solely to the manufacturer if a part fails or is
I 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 shall assign its rights or delegate its duties
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 shall acquire no right or interest by reason of such attempted
3 assignment or delegation. 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. Mutual Indemnity. In accordance with Sections 895 through 895.8 of the
11 California Government 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
u b vi
ai c`a p O
N 13 Code) caused by a negligent or wrongful act or omission occurring in performance of each
L N 14 party as required in this Permit to the same extent that such liability would be imposed on
o =w�
° 15 the absence of these Sections. To that end, each party shall defend, indemnify and hold
C4Q3 a y
M �F 16 harmless the other party for any claim, demand, cause of action, loss, liability, damage,
0
17 cost, or expense that may be imposed on such party solely by virtue of Section 895.2 of
18 the California 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.
25 C. This Agreement is intended by the parties to benefit themselves only and
26 is not in anyway intended or designed to or entered for the purpose of creating any benefit
27 or right for any person or entity of any kind that is not a party to this Agreement.
28 D. If there is any legal proceeding between the parties to enforce or interpret
4
1
this Agreement or to protector 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 governed 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.
9
IN WITNESS WHEREOF, the parties hereto have caused these present to
lo
be duly executed with all of the formalities required by law as of the date first stated above.
11
CITY OF SEAL BEACH, a municipal corporation
L N
12
2007 By
cC
13
I
C 7 O\ °
.a as
Title ((/
Ujw G "'N
w _ v
14
"Seal Beach"
oS d �r
15
xQ3Ra
m�~
16
CITY OF LONG BEACH, a municipal corporation
0
.a
17
.
, 2007 By
18
City Maangre
19
"Long Beach"
20
This Agreement is approved as to form on 3 a�, 2007.
21
22
ROBERT E. SHANNON, City Attorney
23
By,1
24
Deputy City Attorney
25
26
LAC:bg
07 -00440
27
L:\ APPS\ CtyLaw32 \WPDOCS \D029 \P005 \00099615.WPD
28
5
1
AGREEMENT
2
2'7232
3
THIS AGREEMENT is made and entered, in duplicate, as of March 8, 2001
4
for reference purposes only, pursuant to a minute order adopted by the City Council of the
5
City of Long Beach at its meeting held on March 6, 2001, by and between the CITY OF
6
SEAL BEACH, a municipal corporation, whose address is 211 Eighth Street, Seal Beach,
7
California 90740 ( "Seal Beach "), and the CITY OF LONG BEACH, a municipal corporation
8
( "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 corner of Main and Electric,
11
and the southeast corner of Main and Electric, which require maintenance and collection
12
services; and
L ° R
W p 0
WHEREAS, Long Beach is willing and able to provide maintenance and
°
=��ao
= m - 14
collection services as described in and in accordance with this Agreement, and Seal Beach
°dse
15
is willing to pay for said services;
L
za`3Aa
mH 16
NOW, THEREFORE, in consideration of the mutual terms and conditions
°
17
contained herein, the parties agree as follows:
18
1. Term. A. This Agreement shall commence at midnight on February 1,
19
2001, and shall terminate at 11:59 p.m. on January 31, 2002.
20
B. This Agreement may be extended for two (2) additional periods of one (1)
21
year each by mutual agreement of the parties. Seal Beach shall notify Long Beach within
22
sixty (60) days prior to termination of the original term or any extension term of the desire
23
of Seal Beach to renew. Thereafter, Long Beach shall notify Seal Beach regarding an
24
increase in fees, if any. This Agreement shall then be amended to reflect the extension
25
in term and the change in fees, if any.
26
C. Either party may terminate this Agreement, with or without cause, by
27
giving sixty (60) days' notice of termination to the other party.
28
2. Definitions. The following definitions shall apply to this Agreement:
1
I A. "Collection" shall mean collecting coins from parking meters twice weekly
2 from March through October and once per week from November through February. Long
3 Beach will place the coins in a secured collection cart provided by Seal Beach, and leave
4 said cart at the Seal Beach Finance Department.
5 B. "Maintenance' shall mean visually checking every parking meter, once
6 daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach workdays) for jam -ups,
7 broken parts, graffiti, etc. Long Beach will make repairs immediately. If a parking meter
8 cannot be repaired in the field, Long Beach will install a replacement meter supplied by
9 Seal Beach. Seal Beach will also provide batteries. Emergency repairs and repairs due
10 to vandalism are not considered routine maintenance.
11 'Repair Service" shall mean cleaning, painting, performing major repairs (that
=9e
12 take over two [2] days to repair) and returning meters to the factory.
d.s=
W > xX N
13 C. "Immediate and free access" shall mean unobstructed entrance and exit
C v P
m,ao
L9a� C�
14 to the parking lot where the parking meters are located and free parking for Long Beach
`
Hl ° 15 vehicles twenty -four (24) hours a day.
z °a`3`a
v �F 16 3. Services. Long Beach shall perform maintenance on and collection from
0
17 seventy -six (76) Duncan Electronic (Model 90) parking meters located at three (3) parking
18 lots at the 100 block of Main Street, the southwest corner of Main and Electric Streets, and
19 the southeast corner of Main and Electric Streets beginning fourteen (14) days following
20 commencement of the term of this Agreement. Maintenance may be performed where the
21 parking meters are located or, at the sole discretion of Long Beach, at Long Beach facilities
22 or at facilities selected by Long Beach. Seal Beach shall give immediate and free access
23 to Long Beach while Long Beach is performing services hereunder. Long Beach shall not
24 be liable for any delays caused by difficulties that it experiences when attempting to gain
25 immediate and free access.
26 Parts, except batteries, required for preventive maintenance are included in
27 the annual service fee. Long Beach will invoice Seal Beach for parts that cost more than
28 $100.00, at the actual cost of the part plus twenty percent (20 %).
2
e
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N
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2
3
4
5
6
7
8
9
10
12'
13'
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
4. Annual Service Fee. A. Seal Beach shall pay to Long Beach for
maintenance and collection services the sum of Twelve Thousand Dollars ($12,000.00) in
quarterly payments of Three Thousand Dollars ($3,000.00) within fifteen (15) days after
receipt of an invoice from Long Beach.
B. 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.
C. If this Agreement is terminated pursuant to Section 1(C) 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 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
3
1 of the other party. Any attempted assignment or delegation shall be void, and any
2 assignee or delegate shall acquire no right or interest by reason of such attempted
3 assignment or delegation. 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. Mutual Indemnity. In accordance with Sections 895 through 895.8 of the
11 California Government Code, each party hereby assumes the liability imposed on it, its
=tea
12 officials, and employees for injury (as defined in Section 810 of the California Government
0
d o P 13 Code) caused by a negligent or wrongful actor omission occurring in performance of each
t =
N 14 party as required in this Permit to the same extent that such liability would be imposed on
A� C '
° 15 the absence of these Sections. To that end, each party shall defend, indemnify and hold
x<3 °a
�F 16 harmless the other party for any claim, demand, cause of action, loss, liability, damage,
_
17 cost, or expense that may be imposed on such party solely by virtue of Section 895.2 of
18 the California Government Code.
19 10. Miscellaneous. A. This Agreement shall not be amended, nor any
20 provision or breach hereof waived, except in writing signed by the parties which expressly
21 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.
25 C. This Agreement is intended by the parties to benefit themselves only and
26 is not in any way intended or designed to or entered for the purpose of creating any benefit
27 or right for any person or entity of any kind that is not a party to this Agreement.
28 D. If there is any legal proceeding between the parties to enforce or interpret
4
C r
2
3
4
5
F
i
8
9
10
11
i2
13
14
15
66
77
i8
1Q
20
21
22
23
24
25,
26
27
28
1 '
•
•
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 the event of any conflict or ambiguity between this Agreement and any
exhibit, the provisions of this Agreement shall govern.
G. In the performance of this Agreement, neither party shall discriminate on
the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, AIDS
related condition, handicap, disability, or Vietnam Era veteran status.
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.
49 /L 2001
2001
CITY OF �A�„BEACH, a municipal corporation
i
B. Bahorski
"Seal Beach"
CITY OF LONG BEACH, a municipal corporation
By
ASSISTANT City Manager
EXECUTED PURSUANT
"Long Beach" TO SECTION 301 OF
THE CITY CHARTER,
This Agreement is approved as to form on �/ /Zo , 2001.
DFG: rmb2- 23- 01 (SealBeachAnimalControl.EAG)99 -00104
F:\APPS\CtyLaw32\WPDOCS\DO20\P001\00017862.WPD
ROBERT E. SHANNON, City Attorney
By_ r w�
Deputy
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On before me ,
n N;me, Title Of officer (N Public)
personally appeared
personally known Uto me - OR - —Z proved to me on the basis
of satisfactory evidence to be the personSWwhose namejW is /-az�e-
subscribed to the within instrument and acknowledged to me that
.he/she /#.Frey executed the same in -his- /her /t-heir authorized
capacity(issr, and that by lu- s/her /thexf signature -(sAf on the
instrument the person -(,W, or the entity upon behalf of which the
person_tal'acted, executed the instrument.
WITNESS my hand and official seal.
npeaw/rz o^ NmrY)
J� Z�- J is
(Nme - Type m Prior)
JOAN E LEWIS
Commission # 1195940
emycom Notar y Public - California
Z Orange County
m. Fiq�aes Oct S, 3702
� «�ECc.I acwt�„e�f'
ra /ra /99
1
FIRST AMENDMENT TO AGREEMENT NO. 26458
2
26458
3
THIS FIRST AMENDMENT TO AGREEMENT NO. 26458 is made and
4
entered, in duplicate, as of February 1, 2000 for reference purposes only, pursuant to a
5
minute order adopted by the City Council of the City of Long Beach at its meeting on
6
January 18, 2000, by and between the CITY OF SEAL BEACH, a municipal corporation
7
( "Seal Beach "), and the CITY OF LONG BEACH, a municipal corporation ( "Long Beach ").
8
WHEREAS, the parties entered Agreement No. 26458 whereby Long Beach
9
agreed to provide maintenance and collection for certain parking meters in Seal Beach;.
10
and
11
WHEREAS, the parties desire to extend the term of the Agreement;
ZZ 12
NOW, THEREFORE, in consideration of the mutual terms and conditions in
$a4
o N 13
Agreement No. 26458 and herein, the parties agree as follows:
m a
�Sp.2 vri
a 14
1. Section 1 of Agreement No. 26458 is hereby amended in its entirety to
t 000 g
° 15
read as follows:
aa3`d
m o F 16
"1. Term. This Agreement shall commence at midnight on February 1, 1999
3
17
and shall terminate at 11:59 p.m. on January 31, 2001. Either party may terminate this
18
Agreement, with or without cause, by giving sixty (60) days notice of termination to the
19
other party."
20
2. Section 3 is hereby amended to reduce the number of parking meters
21
from seventy -seven (77) to seventy -six (76).
22
3. Section 4(A) is hereby amended in its entirety to read as follows:
23
"A. Seal Beach shall pay to Long Beach for maintenance and collection
24
services for the period from February 1, 1999 through January 31, 2000 the sum of Ten
25
Thousand Dollars ($10,000) in quarterly payments of Two Thousand Five Hundred Dollars
26
($2,500) within fifteen (15) days after receipt of an invoice from Long Beach.
27
"Seal Beach shall pay to Long Beach for maintenance and collection services
28
for the period from February 1, 2000 through January 31, 2001 the sum of Twelve
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7
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0
101
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Thousand Dollars ($12,000) in quarterly payments of Three Thousand Dollars ($3,000)
within fifteen (15) days after receipts of an invoice from Long Beach."
.4. Except as expressly amended herein, all of the terms and conditions in
Agreement No. 26458 are ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this document to be duly
executed with all formalities required by law as of the date first stated above.
CITY OF SEAL BEACH
,2000 By iL
City Manager
"Seal Beach"
CITY OF LONG BEACH
✓ 2000 BY
f ASSISTA,,2, City Manager
EXECUTED PURSUANT
"Long Beach "T0 SECTT01 301 Or
THE CITY CH1L T�
This First Amendment to Agreement No. 26458 is approved as o foPm on
2000.
This First Amendment to
, 2000.
DFG2- 1- 2000;Reran2 -9- 2000(99- 00104)1stamd #26458)
F: W PPS \CtyLaw32 \W PDOCS \D006 \P001 \00008056. W PD
2
ROBERT . SHANNON, Attorney
By 7.0" tGn
ment No./26458 is approved as to form on
City Attorney, City of Seal Beach
11
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Thousand Dollars ($12,000) in quarterly payments of Three Thousand Dollars ($3,000)
within fifteen (15) days after receipts of an invoice from Long Beach."
.4. Except as expressly amended herein, all of the terms and conditions in
Agreement No. 26458 are ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this document to be duly
executed with all formalities required by law as of the date first stated above.
CITY OF SEAL BEACH
,2000 By iL
City Manager
"Seal Beach"
CITY OF LONG BEACH
✓ 2000 BY
f ASSISTA,,2, City Manager
EXECUTED PURSUANT
"Long Beach "T0 SECTT01 301 Or
THE CITY CH1L T�
This First Amendment to Agreement No. 26458 is approved as o foPm on
2000.
This First Amendment to
, 2000.
DFG2- 1- 2000;Reran2 -9- 2000(99- 00104)1stamd #26458)
F: W PPS \CtyLaw32 \W PDOCS \D006 \P001 \00008056. W PD
2
ROBERT . SHANNON, Attorney
By 7.0" tGn
ment No./26458 is approved as to form on
City Attorney, City of Seal Beach
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
C `
OUNTY
OF
ORANGE
On
p�
personally appeared
_personally known to me - OR - proved to me on the basis
of satisfactory evidence to be the person' whose nameLa -r is /-a�
subscribed to the within instrument and acknowledged to me that
he/ executed the same in his /,�e t� authorized
capacity( , and that by his /�t�signature�' won the
instrument the person<, or the entity upon behalf of which the
per sonjz-r acted, executed the instrument.
WITNESS my hand and official seal.
r NNowt') «
�(9>gtuua of ocuy)
(Ns c - Type m Print)
•
�rr� �• .
1 AGREEMENT
3 THIS AGREEMENT is made and Ventered, in duplicate, as of January 19,
4 1999 for reference purposes only, pursuant to a minute order adopted by the City Council
r
5 of the City of Long Beach at its meeting held on January 19, 1999, by and between the
6 CITY OF 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
a corporation ( "Long Beach ").
9 WHEREAS, Seal Beach installed parking meters in three (3) municipal
lo parking lots located in the 100 block of Main, the southwest corner of Main and Electric,
11 and the southeast corner of Main and Electric, which require maintenance and collection
12 services; and
_ 13 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
m T iJ
V 15 is willing to pay for said services;
dam..
asna�
a °a3�d
o H 16 NOW, THEREFORE, in consideration of the mutual terms and conditions
17 contained herein, the parties agree as follows:
18 1. Term. A. This Agreement shall commence at midnight on February 1,
19 1999, and shall terminate at 11:59 p.m. on January 31, 2000.
20 B. This Agreement may be extended for one (1) year by Seal Beach on the
21 same terms and conditions provided that Seal Beach notifies Long Beach within sixty (60)
22 days prior to termination of the original term.
23 C. Either party may terminate this Agreement, with or without cause, by
24 giving sixty (60) days' notice of termination to the other party.
25 2. Definitions. The following definitions shall apply to this Agreement:
26 A. "Collection" shall mean collecting coins from parking meters twice weekly
27 from March through October and once per week from November through February. Long
28 Beach will place the coins in a secured collection cart provided by Seal Beach, and leave
1
1 said cart at the Seal Beach Finance Department.
2 B. "Maintenance" shall mean visually checking every parking meter, once
3 daily, between 7:00 a.m. and 3:00 p.m. (on regular Long Beach workdays) for jam -ups,
4 broken parts, graffiti, etc. Long Beach will make repairs immediately. If a parking meter
5 cannot be repaired in the field, Long Beach will install a replacement meter supplied by
5 Seal Beach. Seal Beach will also provide batteries. Emergency repairs and repairs due
7 to vandalism are not considered routine maintenance.
s 'Repair Service" shall mean cleaning, painting, performing major repairs (that
9 take over two [21 days to repair) and returning meters to the factory.
10 C. "Immediate and free access" shall mean unobstructed entrance and exit
11 to the parking lot where the parking meters are located and free parking for Long Beach
12 vehicles twenty -four (24) hours a day.
s 13 3. Services. Long Beach shall perform maintenance on and collection from
14 seventy -seven (77) Duncan Electronic (Model 90) parking meters located at three (3)
ECU 0 15 parking lots at the 100 block of Main Street, the southwest corner of Main and Electric
as�zr
a °a3�d
F 16 Streets, and the southeast corner of Main and Electric Streets beginning fourteen (14) days
17 following commencement of the term of this Agreement. Maintenance may be performed
1s where the parking meters are located or, at the sole discretion of Long Beach, at Long
19 Beach facilities or at facilities selected by Long Beach. Seal Beach shall give immediate
2o and free access to Long Beach while Long Beach is performing services hereunder. Long
21 Beach shall not be liable for any delays caused by difficulties that it experiences when
22 attempting to gain immediate and free access.
23 Parts, except batteries, required for preventive maintenance are included
24 in the annual service fee. Long Beach will invoice Seal Beach for parts that cost more than
25 $100.00, at the actual cost of the part plus twenty percent (20 %).
25 4. Annual Service Fee. A. Seal Beach shall pay to Long Beach for
27 maintenance and collection services the sum of-Ten Thousand Dollars ($10,000.00) in
28 quarterly payments of Two Thousand Five Hundred Dollars ($2,500.00) within fifteen (15)
2
•
1 days after receipt of an invoice from Long Beach.
2 B. If Seal Beach requests services in addition to those identified herein, Seal
3 Beach shall pay to Long Beach for the parts and labor related to those services the actual
4 cost of the parts plus twenty percent (20 %) and labor at the rate of Forty -nine Dollars
5 ($49.00) per hour.
6 C. If this Agreement is terminated pursuant to Section 1(C) above, then Seal
7 Beach shall not be entitled to any refund of any quarterly payment already paid but Seal
s Beach shall have no further obligation to pay any subsequent quarterly payment. Seal
9 Beach shall pay Long Beach for additional services performed prior to the effective date
lo of termination for which Long Beach has not been previously paid.
11 5. Warranty. A. Seal Beach warrants that the parking meters are in good
12 working order as of the commencement date of this Agreement.
t ° �l 13 B. Long Beach makes no warranty or guarantee with respect to
o ;Z 14 maintenance. Any parts used in maintenance shall carry the warranty, if any, of the
r a 15 manufacturer and Seal Beach shall look solely to the manufacturer if a part fails or is
rca3A.
�F 16 defective.
17 6. Responsibilities of Seal Beach. A. Within three (3) business days
18 following the commencement date of this Agreement, Seal Beach shall deliver to Long
19 Beach a list containing the names of individuals who are authorized by Seal Beach to
2o request additional services. That list shall also contain the name, address and telephone
21 number of the person who will serve as Administrator of this Agreement.
22 B. If any parking meter cannot be maintained at its normal location so that
23 it must be removed, Seal Beach shall provide a replacement meter.
24 7. Assignment. Neither party shall assign its rights or delegate its duties
25 hereunder, or any interest herein, or any portion hereof, without the prior written approval
26 of the other party. Any attempted assignment or delegation shall be void, and any
27 assignee or delegate shall acquire no right or interest by reason of such attempted
28 assignment or delegation. However, Long Beach may as it deems necessary subcontract
3
1 the performance of services hereunder.
2 8. Notice. Notice shall be in writing and personally delivered or deposited
3 in the U.S. Postal Service, first class, postage prepaid, addressed to Seal Beach at the
4 address first stated herein and to Long Beach at 333 West Ocean Boulevard, Long Beach,
5 CA 90802 Attn: City Manager. Notice shall be deemed given on the date of personal
5 delivery or on the date of deposit in the mail, whichever first occurs.
7 9. Mutual Indemnity. In accordance with Sections 895 through 895.8 of the
8 California Government Code, each party hereby assumes the liability imposed on it, its
9 officials, and employees for injury (as defined in Section 810 of the California Government
lo Code) caused by a negligent orwrongful act or omission occurring in performance of each
11 party as required in this Permit to the same extent that such liability would be imposed on
12 the absence of these Sections. To that end, each party shall defend, indemnify and hold
-� ;1 13 harmless the other party for any claim, demand, cause of action, loss, liability, damage,
o 14 cost, or expense that may be imposed on such party solely by virtue of Section 895.2 of
o
�" ° 15 the California Government Code.
o��aa
a rM�a`
16 10. Miscellaneous. A. This Agreement shall not be amended, nor any
2 17 provision or breach hereof waived, except in writing signed by the parties which expressly
18 refers to this Agreement.
19 B. This Agreement constitutes the entire understanding between the parties
20 and supersedes all other agreements, oral or written, with respect to the subject matter
21 herein.
22 C. This Agreement is intended by the parties to benefit themselves only and
23 is not in any way intended or designed to or entered for the purpose of creating any benefit
24 or right for any person or entity of any kind that is not a party to this Agreement.
25 D. If there is any legal proceeding between the parties to enforce or interpret
25 this Agreement or to protect or establish any rights or remedies hereunder, the prevailing
27 party shall be entitled to its costs and expenses, including reasonable attorney's fees.
28 E. This Agreement shall be governed by and construed pursuant to the laws
4
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0
of the State of California (except those provisions of California law pertaining to conflicts
of laws).
F. In the event of any conflict or ambiguity between this Agreement and any
exhibit, the provisions of this Agreement shall govern.
G. In the performance of this Agreement, neither party shall discriminate on
the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, AIDS
related condition, handicap, disability, or Vietnam Era veteran status.
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.
1999.
1999
CITY OF SEAL BEACH, a municipal corporation
By .�Zl.2, iZ .�
Title City Manager
1999 By
1111151M,
"Seal Beach"
CITY OF LONG BEACH, a municipal corporation
'b
'1999 By
ASSISTANT City Manager
"Long Beach" EXECUTED PURSUANT
g TO SECTION 301 OF
THE CITY CHARTER.
ThisAgreementis herebyapproved astoformon yJl6
D FG: rm b(99 -00104 )Re ran6- 10 -99; Rev.6 -21 -99
SEALBEACH99WP.AGR
ROBERT E. SHANNON, City Attorney
By G "^'h
Deputy
5
0
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
/Z Z
personally appeared
personally known to me - OR - proved to me on the basis
of satisfactory evidence to be the person whose name(W is /arm
subscribed to the within instrument and acknowledged to me that
he /r € they executed the same in his /2yerfthedr authorized
capacitys.ies ' and that by hie /.21erjtbe -kr signature.(811 on the
instrument the person.fal -, or the entity upon behalf of which the
person' acted, executed the instrument.
WITNESS my hand and official seal.
�oN�1
— a Rao
- - - JO/NI E. LEWIS _
Commission # 119590
Nofory Public - Colifmdo
Orange Courty.
emy Comm. bpbes Od 5.2=