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HomeMy WebLinkAbout25D - AGMT - PARKING FACILITIES OPERATORme simew CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: MONTH TO MONTH CONTRACT EXTENSION WITH CENTRAL PARKING SYSTEM INC. FOR MUNICIPAL PARKING FACILITIES OPERATOR (STRATEGIC PLAN NO. 3,4b) CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: e^0:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached contract extension with Central Parking System, Inc. to manage the City's parking facilities, on a month to month basis, effective May 1, 2015, in an amount not to exceed $2,500 per month plus, monthly operating expenses as defined in the agreement ( #A- 2013 -049), subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana owns and operates five parking facilities within Downtown Santa Ana (Downtown). The facilities are vital in providing easily accessible parking for the surrounding retail businesses and numerous visitors to the area. Four of the facilities are multi -level parking structures that accommodate both transient and monthly patrons and a surface lot that accommodates solely transient patrons. Additionally, the facilities provide parking for numerous events held throughout the year within Downtown. On April 1, 2013, the City Council approved the award of a two -year contract for parking management services with no renewal options to Central Parking System, Inc. The term of the contract commenced on May 1, 2013 and will expire on April 30, 2015. To ensure the continued daily operations of the parking facilities, staff recommends extending the current contract terms on a month to month basis while alternatives are being explored for the management of the parking facilities. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, 2501-1 Contract Extension Central Parking System Inc. April 7, 2015 Page 2 shopping, dining, and entertainment destination.), Strategy #4b (Create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown.) FISCAL IMPACT Funds are available in the Downtown Parking Facilities account (02718861- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez A(� Executive Director Finance and Management Services Agency I0 Exhibit: 1. Agreement 25D -2 FIRST AMENDMENT TO OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND CENTRAL PARKING SYSTEM, INC. THIS FIRST AMENDMENT TO OPERATING AGREEMENT (this "Amendment') is made this 7th day of April, 2015, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City ") and Central Parking System, Inc. ( "Operator "). RECITALS: A. City and Operator are parties to a certain Operating Agreement dated May 1, 2013 (the "Agreement' #A -2013 -049), pursuant to which Operator operates and manages certain parking garages and lots in and for the City of Santa Ana (the "Premises "), as further described in the Agreement. B. The Agreement expires by its own terms on April 30, 2015. C. City desires Operator to continue operating and managing the Premises beyond April 30, 2015, in accordance with the terms and conditions appearing in the Agreement and as further described below. D. The parties desire to amend the Agreement upon the terms and conditions herein set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, duly authorized and intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are incorporated into this Amendment. All capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless such terns are expressly defined otherwise herein. 2. TERM OF AGREEMENT. Commencing May 1, 2015, the Agreement will continue on a month -to -month basis until one party provides the other with a thirty (30) day written termination notice. 3. COMPENSATION AND REIMBURSEMENT OF OPERATING EXPENSES. Operator agrees to accept a Management Fee in the amount of Two Thousand Five Hundred Dollars ($2,500.00) per month for the services set forth in the Agreement. Section 4(a) of the Agreement shall be revised to remove the "not to exceed " language appearing in the second sentence. Operator shall be reimbursed for all Operating Expenses as set forth in the Agreement. Operator shall not make any purchases of equipment or supplies over Five Hundred Dollars ($500.00) without prior written approval of the Contract Administrator. 25D -3 4. NOTICE. Section 24 of the Agreement shall be revised to reflect a change in notice address for Operator as follows: To Operator: SP Plus Corporation 3420 Bristol Street, Suite 225 Costa Mesa, CA 92626 Attn: Regional Manager With a copy to: SP Plus Corporation 507 Mainstream Drive Nashville, TN 37228 Attn: Legal Department S. NO OTHER CHANGES. .Except to the extent expressly modified by this Amendment, all of the terms and provisions of the Agreement are hereby ratified and confirmed, and remain in full force and effect. IN WITNESS WHEREOF, City and Operator have executed and delivered this Amendment as of the date first above written. ATTEST: Maria D. Huizar Clerk of the Council Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager OPERATOR: Central Parking System, Inc, Francisco Gutierrez, Executive Director David Jenkins Finance & Management Services Agency Senior Vice President 25D -4