City of Culver City, California
Agenda Item Report
Meeting Date: _01/24/11_ Item Number: C-3
REDEVELOPMENT AGENCY BOARD AGENDA ITEM: Approval of the Third
Amendment to the Existing Professional Services Agreement with Modern Parking,
Inc. for Parking Structure Management Services Related to the Cardiff, Ince, and
Watseka Parking Structures
Contact Person/Dept.: Christopher Evans
and Todd Tipton, Community
Development
Phone Number: (310) 253-5744/5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – Redevelopment Agency (01/19/11),
Modern Parking Inc., Downtown Business Association, and Chamber of Commerce on
(12/29/10).
Department Approval:
Sol Blumenfeld: (01/12/11)
City Attorney Approval:
Murray Kane 12/27/10
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (01/19/11)
City Manager/Executive Director Approval:
John M. Nachbar (01/19/11)
RECOMMENDATION:
Staff recommends that the Culver City Redevelopment Agency Board (Agency
Board) approve a Third Amendment to the existing professional services agreement
with Modern Parking (Modern) for parking structure management services related to
the Cardiff, Ince, and Watseka Parking Structures.
BACKGROUND:
On August 1, 2006, the Agency Board approved an Agreement with Modern for
parking management services related to the Cardiff, Ince, and Watseka Parking
Structures (Agreement). On May 18, 2009 the Agency Board approved a first
amendment to the Agreement extending the contract term to January 31, 2010. On
January 4, 2010 the Agency Board approved a second amendment to the
Agreement extending the contract term to January 31, 2011. The term of the
agreement was amended in order to allow Walker Parking to complete its study of
downtown Culver City (Parking Study).
DISCUSSION:
It is anticipated that implementation of the Parking Study recommendations will
impact the parking management Scope of Services requested in any future parking
management Request for Proposals. Staff therefore recommends approval of a third
amendment that will extend the term of the Agreement by one year to allow for City of Culver City, California
Agenda Item Report
continuing professional management of the downtown parking structures while
changes to the parking management Scope of Service are considered.
In addition to an extension to the Agreement term staff is recommending that the
Agreement Scope of Service be modified to include additional maintenance services
and security at the Ince Parking Structure (Ince). Modern has proposed to provide
the additional services at Ince for $1,625 per month ($19,500 per year). This will
provide for 32 additional hours of work per week, Thursday through Sunday from
2:00 PM to 10:30 PM.
FISCAL ANALYSIS:
Modern has agreed to perform all currently contracted services at the current annual
rate of $500,000 for the three downtown parking structures and the surface parking
lot located at 9415 Venice Boulevard. Modern has agreed to perform additional
maintenance and monitoring services at Ince for $19,500 per year ($1,625 X 12
months).
The Third Amendment is a time and materials contract. As stipulated by the
Agreement, any additional services such as special event staffing will be charged to
the Agency at contracted rates. To fund additional services, staff recommends that
the Agency Board approve a 10% contingency. The total cost to the Agency with a
10% contingency is shown in the table below:
Agreement Extension Rates
Term: January 31, 2011 – January 31, 2012
Cardiff Watseka Ince
Ince
(new) Sub-Total
With 10%
Contingency
$113,000 $112,000 $275,000 $19,500 $519,500
$571,450
Sufficient funds have been allocated in Redevelopment Agency Programs 93100,
93800 and 95800 for the management and operation of the Ince, Cardiff and
Watseka Parking Structures respectively, for Fiscal Year 2010/2011.
ATTACHMENTS:
1. Proposed Third Amendment to Agreement No. RA 06-53
City of Culver City, California
Agenda Item Report
MOTION:
That the Agency Board:
1. Approve the Third Amendment to Agreement RA06-53 with Modern Parking for
Parking Structure Management Services for the Cardiff, Ince, and Watseka
Parking Structures, adding services for the Ince Parking Structure, and extending
the term of the Agreement to January 31, 2012; and,
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 01/24/11
AGENDA ITEM:
APPROVAL OF THE THIRD AMENDMENT TO THE EXISTING
PROFESSIONAL SERVICES AGREEMENT WITH MODERN PARKING, INC.
FOR PARKING STRUCTURE MANAGEMENT SERVICES RELATED TO THE
CARDIFF, INCE, AND WATSEKA PARKING STRUCTURES
ATTACHMENTS
Item Description Pages
1. Third Amendment to Agreement No. RA 06-53 1 - 7
PAGE 1 OF 2
THIRD AMENDMENT TO AGREEMENT NO. RA06-53
BETWEEN THE
CULVER CITY REDEVELOPMENT AGENCY AND
MODERN PARKING INC.
FOR: OPERATION AND MANAGEMENT SERVICES FOR THE CARDIFF, INCE AND
WATSEKA PARKING STRUCTURES
THIS THIRD AMENDMENT is made and entered into by and between the CULVER
CITY REDEVELOPMENT AGENCY, hereinafter referred to as “Agency”, and MODERN
PARKING INC, a California Corporation, hereinafter referred to as “Contractor”.
WHEREAS, on August 1, 2006, Contractor and Agency entered into Agreement
No. RA06-53 for operations and management services for the Cardiff, Ince and
Watseka Parking Structures (the “Agreement”); and
WHEREAS, on August 1, 2009, the Agency approved a first amendment to the
Agreement to extend the term of the contract, increase the amount of compensation
and include additional services (the “First Amendment”);
WHEREAS, on January 4, 2010, the Agency approved a second amendment to
the Agreement to extend the term of the contract and increase the amount of
compensation and include additional services (the “Second Amendment”); and
WHEREAS, all references to “the Agreement,” herein, shall mean the
Agreement, as previously amended; and
NOW, THEREFORE, Agency and Contractor hereby agree to amend the
Agreement as follows:
1. Paragraph 2 of the Agreement is amended to read as follows: “The term of this
agreement shall be for one (1) year from the effective date of this Third
Amendment and shall end when amended, terminated or January 31, 2012,
whichever occurs first.”
2. Exhibit B, Schedule of Compensation, attached to the Second Amendment, shall
be replaced in its entirety with the Exhibit B, Schedule of Compensation,
attached hereto and incorporated herein by this reference.
5. Exhibit D, Insurance requirements, attached hereto and incorporated herein by
this reference shall be satisfied as a condition to the effectiveness of this Third
Amendment.
6. Except as expressly set forth herein, all terms and conditions of the Agreement,
as previously amended, shall remain in full force and effect.
ATTACHMENT 1 ATTACHMENT 1
1PAGE 2 OF 2
7. The effective date of this Third Amendment is January 31, 2011.
MODERN PARKING INC.
Dated:__________________ By ________________________________________
Lori Pinson, Vice President
CULVER CITY REDEVELOPMENT AGENCY
Dated:_______________ By_________________________________
John Nachbar, Executive Director
APPROVED AS TO FORM:
Kane, Ballmer & Berkman
By______________________
General Counsel
ATTACHMENT 1 ATTACHMENT 1
2EXH B
PAGE 1 OF 3
EXHIBIT B
CULVER CITY REDEVELOPMENT AGENCY
AGREEMENT
WITH: MODERN PARKING INC.
FOR: PARKING STRUCTURE MANAGEMENT SERVICES FOR
THE CARDIFF, INCE AND WATSEKA PARKING STRUCTURES
SCHEDULE OF COMPENSATION
I. AMOUNT OF COMPENSATION. For performing and completing all work and
services described in Exhibit “A” of this Agreement, and for providing all materials
required the City Agency shall pay Contractor the following, which includes payment
for direct cost of staffing services and reimbursement for all direct operating
expenses, including insurance costs:
Schedule of Compensation
Term: January 31, 2011 - January 31, 2012
Parking
Structures
Cardiff PS Watseka PS Ince PS Total
Fee
$113,000 $112,000 $294,500 $519,500
Notwithstanding the foregoing, for Contractor’s satisfactory completion of the scope
of services as described in Exhibit A:
Agency shall pay Contractor a total sum of Five-Hundred and Nineteen Thousand
and Five-Hundred Dollars ($519,500); provided, that Agency’s Assistant Executive
Director, in the exercise of his sole discretion, is authorized to increase that total fee
by up to Ten Percent (10%) for additional services due to unexpected causes.
The above amount shall include all out of pocket expenses incurred by Contractor in
the performance of such service, except for the following costs, which shall not be
reimbursed:
a. General overhead expenses, including but not limited to administrative, non-
payroll taxes, levies, governmental fees, insurance (except to the extend Garage
Keeper Insurance coverage for the parking structures is included in the chart
above) and related costs, expenses other than those incurred in the operation of
the Parking Structures or the other operations of Contractor, and costs incurred
in the general management of the affairs of Contractor’s other operations;
ATTACHMENT 1 ATTACHMENT 1
3EXH B
PAGE 2 OF 3
b. Maintenance of the general books and records of Contractor;
c. Office supplies and equipment used by Contractor which are not used exclusively
for the Parking Structures;
d. Postal, telephone and travel expenses related to the management of the Parking
Structures; and
e. The cost of any managers or supervisors who are not employed at the Parking
Structures on a full time basis.
II. BILLING. At the end of calendar month in which services are performed or
expenses are incurred under this Agreement, Contractor shall submit one invoice
per structure, which includes the following information, at a minimum:
a. Wages (with some type of payroll summary form attached)
b. Payroll Taxes (with some type of payroll summary form attached)
c. Insurance (list the various types and amounts)
d. Supplies & Materials (an invoice and/or proof of payment should be attached)
e. Repairs & Maintenance (an invoice and/or proof of payment should be attached)
f. Sweeping
g. Uniforms/Badges
h. License/Permits
i. Daily Income
j. Monthly Income
If expenses are not incurred in a category for a given month, the category should be
listed with zero dollars noted.
The invoices for the operations and management of the Ince, Cardiff and Watseka
parking Structures should be forwarded to the Agency at the following address:
Attention: Culver City Redevelopment Agency
Redevelopment Administrator
9770 Culver Boulevard
PO Box 507
Culver City, CA 90232-0507
ATTACHMENT 1 ATTACHMENT 1
4EXH B
PAGE 3 OF 3
III. TIME OF PAYMENT. Payment to Contractor shall be made within thirty (30) days
after submittal of Contractor’s invoice and approval by City and Agency, in
accordance with City’s normal demand procedure.
IV. MAXIMUM COMPENSATION. Notwithstanding the foregoing, Contractor shall
complete all the work and tasks described in Exhibit A for a total amount of
compensation that does not exceed Five Hundred Nineteen Thousand Five
Hundred Dollars ($519,500), which amount includes all out-of-pocket expenses.
EXHIBIT B APPROVED:
MODERN PARKING INC.
________
AGENCY
_________
ATTACHMENT 1 ATTACHMENT 1
5EXHIBIT “D”
CULVER CITY REDEVELOPMENT AGENCY
AGREEMENT
WITH: MODERN PARKING INC.
FOR: PARKING STRUCTURE MANAGEMENT SERVICES FOR
THE CARDIFF, INCE AND WATSEKA PARKING STRUCTURES
INSURANCE REQUIREMENTS
A. Policy Requirements.
Contractor shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability (“CGL”)
policy, at least as broad as ISO Form CG 0001; in the minimum amount of One
Million Dollars ($1,000,000) each occurrence, with not less than Two Million
Dollars ($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily injury,
death, accident and property damage and advertising injury, as
those terms are understood in the context of a CGL policy. The
coverage shall not be excess or contributing with respect to
Agency’s self-insurance or any pooled risk arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Contractor’s obligation to indemnify the Indemnities as required
under Paragraph 6 of the Agreement;
d. The Policy shall not exclude coverage for Completed
Operations Hazards or Athletic or Sports Participants; and
e. The Agency, City of Culver City, members of its City Council, its
boards and commissions, officers, agents, and employees will be
named as an additional insured in an endorsement to the policy,
which shall be provided to the Agency and approved by the
Agency’s General Counsel and City Attorney.
2. Business Automobile Liability Insurance coverage in the amount of One
Million Dollars ($1,000,000), providing coverage for use of mobile equipment (i.e.
heavy mobile equipment or vehicles primarily for use in an off-road environment), to
ATTACHMENT 1 ATTACHMENT 1
6the extent that (1) such mobile equipment will be used within the City limits or on
Agency business, and (2) coverage for mobile equipment is not otherwise covered
by the CGL policy listed in subparagraph (a), above.
3. Professional/Negligent Acts, Errors and Omissions Insurance in the
minimum amount of One Million Dollars ($1,000,000) per claim, and shall include
coverage for separate “personal injury” alleged to have been committed in the
course of rendering professional services, unless such coverage is provided by the
CGL policy listed in subparagraph (a), above.
Workers’ Compensation limits as required by the Labor Code of the State of
California with Employers’ Liability limits of One Million Dollars ($1,000,000.00) per
accident, if the Agreement will have Contractor employees working within the City
limits.
B. Waiver by Agency or City.
Agency or City may waive one or more of the coverages listed in Section A,
above. This waiver must be express and in writing, and will only be made upon a
showing by the Contractor that its operations in and with respect to Agency are not
such as to impose liability within the scope of that particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies
licensed to do business in the State of California, with a claims paying ability rating
of “BBB” or better by S&P (and the equivalent by any other Rating Agency) and a
rating of A:VII or better in the current Best’s Insurance Reports;
2. Contractor shall provide Agency with at least thirty (30) days prior
written notice of any modification, reduction or cancellation of any of the Policies
required in Paragraph A, or a minimum of ten (10) days notice for cancellation due
to non-payment.
3. Agency or City may increase the scope or dollar amount of coverage
required under any of the policies described above, or may require different or
additional coverages, upon prior written notice Contractor.
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