City of Culver City, California
Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the Culver City Redevelopment Agency (the “Agency”) approve
a twenty month professional services agreement with Modern Parking, Inc.,
(“Modern Parking”) for parking management services at the Virginia Parking Lot,
located at 10401-10601 Virginia Avenue.
BACKGROUND:
On September 2, 2006, the Redevelopment Agency approved revised parking
policies that implemented parking management services at the Agency-owned
Virginia Parking Lot. At the request of the adjacent property owners and tenants,
parking management services – including valet service as required - were
implemented to ensure maximum utilization of the lot, located in an area where
parking demands strain availability. The current contract with State Organizations,
Inc., (formerly State Parking Management, Inc.) ends on October 31, 2008.
DISCUSSION:
On July 11, 2008, staff mailed Request for Proposal letters to Modern Parking,
Inc., State Organizations, Inc., United Valet Parking, Inc., and Valet Parking
Service. All four companies responded with proposals. A brief cost summary of
the proposals follows:
Meeting Date: 10/06/08 Item Number: C-5
AGENDA ITEM: Approval of a Professional Services Agreement with Modern
Parking, Inc., for Parking Management Services at the Virginia Parking Lot.
Contact Person/Dept.: Glenn Heald/
Redevelopment
Phone Number: (310) 253-5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Modern Parking, Inc.; State Organizations, Inc.; United Valet
Parking, Inc.; Valet Parking Service; Master E-Mail Notification List (10/01/08).
Department Approval:
Sol Blumenfeld (09/18/08)
Executive Director Approval:
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (10/01/08)
City of Culver City, California
Redevelopment Agency Agenda Item Report
Past parking management practice at the Virginia Parking Lot demonstrates that
adequate services may be provided through the utilization of only one attendant.
Patrons of the lot self-park until and unless all spaces are filled, at which time the
attendant then parks additional cars in tandem. Staff recommends the Agency
continue to retain only one attendant for the lot. All respondents to the RFP agree
that one attendant is adequate. The proposed agreement will include a provision
whereby staff may request an additional attendant at the rate of $15.50 per hour if
it is deemed necessary.
Modern Parking submitted the lowest cost proposal for the requested service.
Based upon their price and their past performance at other City- and Agency-
owned facilities, staff recommends Modern Parking, Inc., be awarded the contract
for parking management services at the Virginia Lot. The term of the agreement
will be for twenty (20) months, from November 1, 2008, through June 30, 2010.
FISCAL IMPACT:
The contract amount includes both direct and indirect payroll expenses, plus a 5
percent contingency of $3,581.47 to cover additional attendants, extended hours or
other such occurrences as deemed necessary and appropriate by staff. The total
contract amount is not-to-exceed $75,210.87. Sufficient funds are allocated in the
Adopted FY 2008/09 RDA Budget and in the Approved FY 2009/10 RDA Budget in
program 95600 “Property Management Services – Virginia Parking Lot.”
ATTACHMENTS:
1. Professional Services Agreement with Modern Parking, Inc.
MOTION:
That the Culver City Redevelopment Agency:
1. Approve a Professional Services Agreement with Modern Parking, Inc. not-
to-exceed $75,210.87; and,
COMPANY MONTHLY COST TOTAL COST
STATE ORGANIZATIONS, INC $4,291.14
$85,822.80
MODERN PARKING, INC $3,581.47
$71,629.40
VALET PARKING SERVICE $4,208.75
$84,175.00
UNITED VALET PARKING, INC $3,640.00
$72,800.00 City of Culver City, California
Redevelopment Agency Agenda Item Report
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: 10/06/08
AGENDA ITEM: Authorization of a Professional Services Agreement with
Modern Parking, Inc., for Parking Management Services at
the Virginia Parking Lot.
ATTACHMENTS
Pages
1. Professional Services Agreement with Modern Parking, Inc. 1-8Agreement No. 08-
CULVER CITY REDEVELOPMENT AGENCY
STANDARD FORM AGREEMENT
WITH: MODERN PARKING, INC.
FOR: PARKING MANAGEMENT SERVICES
VIRGINIA PARKING LOT, 10401-10601 VIRGINIA AVENUE
THIS AGREEMENT is made and entered into by and between the CULVER
CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, hereinafter
referred to as "AGENCY", and MODERN PARKING, INC., a California corporation,
hereinafter referred to as "CONTRACTOR".
1. CONTRACTOR'S SERVICES. Contractor agrees to perform during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of
Service" attached to and incorporated into this Agreement as Exhibit "A".
2. TERM OF AGREEMENT. The term of this Agreement shall be for twenty (20)
months from the effective date pursuant to Paragraph 27 of this Agreement and
shall end on June 30, 2010, unless sooner terminated pursuant to this
Agreement, or unless the term of this Agreement is amended by mutual written
agreement of the parties.
3. PAYMENT FOR SERVICES. Agency shall pay for the services performed by
Contractor pursuant to the terms of this Agreement, the compensation set forth
in the "Schedule of Compensation" attached to and incorporated into this
Agreement as Exhibit "B". The compensation shall be paid at the time and
manner set forth in said Exhibit "B".
4. TIME FOR PERFORMANCE. Contractor shall not perform any work under this
Agreement until (a) Contractor furnishes proof of (i) taxpayer I.D. pursuant to
paragraph 14, (ii) Culver City Business Tax Certificate pursuant to paragraph 15
and (iii) insurance as required under Paragraph 7 of this Agreement; and, (b)
Agency gives Contractor a written and signed duplicate original of this
Agreement which constitutes Contractor's Notice to Proceed. All services
required by Contractor under this Agreement shall be completed on or before the
end of the term of the Agreement.
5. DESIGNATED REPRESENTATIVE (S)
Gary Pitts, Executive Vice President, shall be the designated Contractor
Representative, and shall be responsible for job performance, negotiations,
FILE NAME: MODERN PARKING CONTRACT 2008-10:Doc
Page 1 of 5contractual matters, and coordination with the Agency. Contractor's professional
services shall be supervised by the Contract Representative.
6. HOLD HARMLESS. Contractor shall be responsible for any and all injuries to or
death of any person, and for any and all damage to any and all real or personal
property including Agency's or others, to the extent caused by or resulting from
any acts, errors or omission of Contractor, its employees or its agents arising out
of or connected with rendition of services hereunder. Contractor shall defend,
hold harmless and indemnify Agency, the City of Culver City and each of their
officers and employees from any and all liability claims, including costs, for
damages to real or personal property, or personal injury or death, to the extent
resulting from Contractor's, its employees or agents acts, errors or omissions
arising out of or connected with rendition of services hereunder.
INSURANCE. Without limiting its obligations pursuant to Paragraph 6 of this
Agreement, Contractor shall submit proof of Comprehensive General Liability
insurance of minimum One Million Dollars ($1,000,000) single limit coverage,
Automobile Liability Insurance, Garage Keeper's Liability Insurance and Worker's
Compensation Insurance in the statutorily required amounts. Proof of insurance
shall consist of a Certificate of Insurance and endorsed by an endorsement,
approved by Agency Counsel, similar to the Agency's Special Endorsement
Form, attached hereto as Exhibit "C", executed by Contractor's insurer in
amounts satisfactory to, and in a form approved by, Agency General Counsel.
8. INDEPENDENT CONTRACTOR STATUS. The Agency and Contractor agree
that Contractor, in performing the services herein specified, shall act as an
independent contractor and shall have control of all work and the manner in
which it is performed. Contractor shall be free to contract for similar service to
be performed for other employers while under contract with Agency. Contractor
is not an agent or employee of Agency, and is not entitled to participate in any
pension plan, insurance, bonus or similar benefits Agency provides for its
employees. Contractor shall be responsible to pay and hold Agency harmless
from any and all payroll and other taxes and interest thereon and penalties
therefor which may become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to Contractor
for current services is within the current budget and within an available,
unexhausted and unencumbered appropriation of the Agency. In the event the
Agency has not appropriated sufficient funds for payment of Contractor services
beyond the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year. In the event such non-
appropriation occurs after the end of the fiscall year, Agency shall pay Contractor
for work performed beyond the end of the fiscal year, and this Agreement may
then be terminated by Contractor.
FILE NAME: MODERN PARKING CONTRACT 2008-10. DOC
Page 2 of 510. ASSIGNMENT. This Agreement is for the specific services with Contractor as
set forth herein. Any attempt by Contractor to assign the benefits or burdens of
this Agreement without written approval of Agency shall be prohibited and shall
be null and void; except that Contractor may assign payments due under this
Agreement to a financial institution. Agency may assign its rights and obligations
under this Agreement to the City of Culver City.
11. RECORDS AND INSPECTIONS. Contractor shall maintain full and accurate
records with respect to all services and matters covered under this Agreement.
Agency shall have free access at all reasonable times to such records, and the
right to examine and audit the same and to make transcripts therefrom, and to
inspect all program data, documents, proceedings and activities. Contractor
shall maintain an up-to-date list of key personnel and telephone numbers for
emergency contact after normal business hours.
12. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. Agency shall be the
owner of any and all computations, plans, correspondence and/or other pertinent
data, information, documents, and computer media, including disks and other
materials gathered or prepared by Contractor in performance of this Agreement,
or at any earlier or later time when the same may be requested by Agency.
Such work product shall be transmitted to Agency within ten (10) days after a
written request therefor. Contractor may retain copies of such products. All
written documents that are intended for public review shall be provided to
Agency in a format suitable for posting on the Internet.
13. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
To Agency:
To Contractor:
Culver City Redevelopment Agency
Attention: Todd Tipton
Redevelopment Administrator
9770 Culver Boulevard, 3r1 Floor
Culver City, California 90232
Modern Parking, Inc.
Attention: Gary Pitts, Executive Vice President
1200 Wilshire Blvd., Suite 300
Los Angeles, CA 90017
14. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide Agency with
a complete Request for Taxpayer Identification Number and Certification, Form
W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Contractor shall obtain and maintain during the
term of this Agreement, all appropriate permits, licenses, and certificates that
may be required in connection with the performance of services under this
Agreement including, but not limited to, a Culver City business tax certificate.
FILE NAME: MODERN PARKING CONTRACT 2008-10.DOG
Page 3 of 516. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor shall perform
all work in accordance with all applicable laws, codes and regulations required by
all authorities having jurisdiction over such work. Contractor agrees to comply
with prevailing wage requirements as specified in the California Labor Code,
Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY. For
work performed, Contractor agrees to seek bids for supplies and materials from
businesses located within the City of Culver City, with the intent to make
purchases from these businesses if such purchases can be made at competitive
prices.
18. RIGHT TO UTILIZE OTHERS. Agency reserves the right to utilize others to
perform work similar to the services provided hereunder; provided that such
services are provided for equipment not serviced pursuant to this Agreement.
19. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or condition of
this Agreement, either before or after any breach thereof, no party shall
thereafter be deemed to have consented to any future failure of full performance
hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Contractor shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. Agency may terminate this Agreement at any time,
with or without cause, in its sole discretion; provided that Agency, if this
Agreement is terminated for cause, then Agency shall provide Contractor thirty-
days' (30-days) written notice of the cause and an opportunity to cure such
cause in a manner satisfactory to Agency, in the exercise of its discretion;
provided, further, that if this Agreement is terminated without cause, then Agency
shall provide thirty-days' (30-days') written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22 of this
Agreement, Agency shall be liable to Contractor only for work performed by
Contractor up to and including the date of termination of this Agreement, unless
the termination is for cause, in which event Contractor need be compensated
only to the extent required by law. Contractor shall be entitled to payment for
work satisfactorily completed to date, based on a proration of the monthly fees
set forth in Exhibit "B" attached hereto. Such payment will be subject to
Agency's receipt of a closeout billing.
FILE NAME: MODERN PARKING CONTRACT 2008-1onoc
Page 4 of 524. GOVERNING LAW. The terms of this Agreement shall be interpreted according
to the laws of the State of California. If litigation arises out of this Agreement,
then venue shall be in the Superior Court of Los Angeles County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the performance
thereof, then the court shall award costs and expenses, including attorney's fees,
to the prevailing party. In awarding attorney's fees, the court shall not be bound
by any court fee schedule but shall award the full amount of costs, expenses and
attorney's fees paid or incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the Agency and the Contractor, and all preliminary negotiations and
agreements are deemed a part of this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions of this Agreement. This
Agreement shall bind and inure to the benefit of the parties to this Agreement,
and any subsequent successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is November 1, 2008.
MODERN PARKING, INC.
Dated: By CULVER CITY REDEVELOPMENT AGENCY
Dated: By APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
Agency General Counsel
By AGENCY GENERAL COUNSEL
FILE NAME: MODERN PARKING CONTRACT 2006-10.00C
Page 5 of 5EXHIBIT A
SCOPE OF SERVICE
WITH: MODERN PARKING, INC.
FOR: PARKING MANAGEMENT SERVICES
VIRGINIA PARKING LOT, 10401-10601 VIRGINIA AVENUE
Contractor shall provide all personnel, labor, equipment and materials necessary
to perform the following:
I. Parking Management Services
a. The on-duty parking attendant shall provide high quality service while
assisting patrons of the Virginia Parking Lot;
b. As needed, the attendant shall park patrons' cars in order to optimize the
number of cars parked;
c. All cars must be parked according to the parking plan provided by the
traffic engineer consultant in 2003;
d. The parking attendant shall verify that all monthly parking permit tags are
valid. If no tag is visible or an invalid permit is shown, the attendant may
arrange to have the offending car towed; and
e. The parking attendant shall report any graffiti or damage observed on the
site immediately to the graffiti hotline at (310) 253-6449.
II. Hours of Operation
One valet parking attendant will be provided Monday through Friday during
the hours of:
7:30 a.m. —6 p.m.
Agency and Contractor agree that these hours of operation may change as
the need arises. Any change in the hours or days of operation shall be
initiated by the Agency through a call to Contractor's designated
management representative followed by a facsimile confirmation to
Contractor.
III. Number of Attendants
One attendant will be on duty at all times during the hours of operation. If at
any time it is deemed necessary to have two or more attendants to
F/LE NAME: MODERN PARKING CONTRACT 2008-10.DOC
PAGE 1 of 2accommodate the number of cars to be parked, additional attendants will be
provided by the Contractor at a rate of $15.50 per hour.
IV. Responsibilities of Contractor
a. Contractor shall provide trained, courteous, fluent in English and
uniformed attendants at all times;
b. Contractor will provide all necessary supplies to operate the facility (e.g.,
valet parking supplies and time clock);
c. Contractor will provide Agency with an itemized monthly invoice with
timesheet information for each attendant at the end of each month;
d. Contractor will provide a monthly report of number of cars parked and
number of cars valet parked;
e. Contractor will maintain a safe, organized and clean environment;
f. Contractor will maintain supervisory personnel for consultation purposes;
and,
g. Advise Agency of problems or issues which arise.
V. Responsibilities of Agency
a. Provide Contractor with 24-hour advance notice if Agency staff
determines additional parking attendants or change in hours of operation
are needed;
b. Interface as necessary between the parking attendant and abutting and
adjacent businesses and Culver City departments; and
c. Reimburse Contractor for direct costs of materials and supplies identified
herein.
Contractor's Initials
Agency Initials FILE NAME: MODERN PARKING CONTRACT 2008-10.00C
PAGE 2 of 2EXHIBIT B
SCHEDULE OF COMPENSATION
WITH: MODERN PARKING, INC.
FOR: PARKING MANAGEMENT SERVICES
VIRGINIA PARKING LOT, 10401-10601 VIRGINIA AVENUE
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 therefor, Agency shall pay Contractor the following monthly fee:
THREE THOUSAND FIVE HUNDRED EIGHTY ONE DOLLARS AND FORTY
SEVEN CENTS ($3,581.47).
II. BILLING. At the end of calendar month in which services are performed under this
Agreement, Contractor shall submit one invoice.
The invoices should be forwarded to the Agency at the following address:
Attention: Todd Tipton, Redevelopment Administrator
Culver City Redevelopment Agency
9770 Culver Boulevard
PO Box 507
Culver City, CA 90232-0507
II. METHOD OF PAYMENT. Payment to Contractor of the compensation specified in
Paragraph 1 above shall be made within thirty (30) days after the Assistant
Executive Director's determination that the billing submitted pursuant to Paragraph 2
above accurately reflects work satisfactorily performed.
III. 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 Seventy One Thousand, Six Hundred Twenty
Nine Dollars and Forty Cents ($71,629.40), which amount includes applicable sales
tax, for a single attendant, plus any additional amount billed at $15.50 per hour for a
second attendant as requested by Agency up to a not-to-exceed maximum amount
of Seventy Five Thousand, Two Hundred Ten Dollars and Eighty Seven Cents
($75,210.87).
Contractor's Initials
Agency Initials FILE NAME: MODERN PARKING CONTRACT 2008-10.00C PAGE 1 Of 1