HomeMy WebLinkAbout2006-095 Contract - Diamond Parking
CITY OF
ASHLAl"D
CONTRACT FOR PARKING ENFORCEMENT & ADMINISTRATION
Contract made on the date specified below in Recital A between the City and Contractor as follows:
Recitals:
A. The following information applies to this contract:
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CITY CITY OF ASHLAND Contractor: Diamond Parking_.
City Hall Address: 3161 Elliot Avenue
20 E. Main St. Seattle, WA 98121
Ashland, Oregon 97520
(541) 488-6002 Telephone 206-284-3100
FAX: (541) 488-5311 FAX: 206-285-5598
Date of this agreement: May 1, 2006 B: Date RFP 151 Advertised: February 8, 2006
Beginning Date June 1, 2006 Proposal opening date March 7, 2006
Completion Date May 31, 2009
contract includes provision of two, one
year extensions, for a total of five years
2.2. Contracting officer Lee Tuneberg, Administrative Services & Finance Director
2.3. Project Name: Parking Enforcement and Administration
Project Description: Parking enforcement and administration for the City of Ashland in the downtown area.
6.1 Contractor's representative: Denis Isenburg, 541-245-0998
Diamond Parkin~ Services LLC, 228 E. Main, Suite J, Medford, OR 97501
8.3. Maximum contract amount: Year 1 - 6/1/06 - 5/31/07 $84,225; Year 2 - 6/1/07 - 5/31/08 $86,752; Year 3 - 6/1/08-
5/31/09 $89,355 excluding additional administrative or enforcement services requested by the city per the proposal.
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B. On the date noted above, City issued a request for proposals (RFP) for services needed by City for the project described
above. Contractor submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the
services covered by the RFP as amended per contractor requests on pages 3 and 4 of their Letter of Introductio'1 and agreed to
by both parties.
City and Contractor agree as follows:
1. Relationship between City and Contractor: Contractor accepts the relationship of trust and confidence established between
Contractor and City by this contract. Contractor covenants with the City to perform services and duties in conformance to and
consistent with the standards generally recognized as being employed by professionals of Contractor's caliber in the locality of
the project. Contractor further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the contracted services. Contractor acknowledges that City is relying on
Contractor to provide professional services in a manner that is consistent with the interests of City.
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2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other services and
products which Contractor is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and on the completion date specified
in Recital A above, or this contract may be terminated by either party for any reason with thirty (30) days written notice to the
other party.
4. Authority of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Contractor's
services.
5. Contractor's Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Cooperate with other Contractors retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Contractor shall commence performance of services after receiving written authorization from the contracting
officer for work described in the RFP. Contractor shall perform the services as expeditiously as is consistent with professional
skill and care.
5.3. Contractor shall perform the services as an independent contractor in accordance with generally accepted
standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Contractor. Contractor shall, without additional compensation, correct 01' revise any
error or deficiencies in the services that are caused by Contractor's negligence City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Contractor's services. In the event of any breach of this contract by Contractor or negligent performance of any of
the services, City's cause of action against Contractor shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
6. Assiqnment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Contractor's representative in all communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractor's
employees to perform services if the requests are consistent with sound business and professional prcdices.
7. Responsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will arrange for access to, and make all provisions for Contractor to enter upon, public and private property as
required for Contractor to perform the services.
7.3. The contracting officer will act as liaison between City, Contractor, public agencies, and others involved in the
project
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8. Payment
8.1. City shall pay Contractor for services. No reimbursement will be made for expenses that are not specifically
agreed to by the contracting officer
8.2. Contractor shall submit monthly invoices to City for Contractor's services within twenty days after thEl end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 2/9C.515,
279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage requin3d by ORS
Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurance. If Contractor
is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Contractor's status.
9.4. If the amount of this contract is $15,964 or more, Contractor is required to comply with chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work uncler this contract
and to any subcontractor who performs 50% or more of the service work under this contract. Contractor is also required to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. To
the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Contractor, its Contractors, agents and employees against all damages, claims, expenses and losses arising out of any reuse of
plans, specifications and other documents prepared by Contractor without prior written authorization of Contractol'.
11. Records:
11.1. Contractor shall develop and maintain complete books of account and other records on the services, which are
adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as to provde a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by City at reasonable times, to verify
Contractor's compliance with this contract. City shall have the right to request an audit of Contractor's books and records by a
certified public accountant retained by City.
12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless from any and
all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in
death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent
performance of this contract by Contractor (including but not limited to, the negligent acts or omissions of Contractor's
employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall
not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused
by the negligence of City.
13. Insurance:
13.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed operations and
owner's and contractor's protective insurance;
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13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single
limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be
cancelled or reduced in coverage until at least 30 days prior written notice has been given to City. A certificate which states
merely that the issuing company "will endeavor to mail" written notice is unacceptable. Each certificate of insurance shall
provide proof of required insurance for the duration of the contract period.
14. Default
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, either party may terminate by giving the
other party written notice thirty (30) days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for all fees earned and costs
incurred prior to the termination date. Contractor shall not be entitled to compensation for lost profits.
16. Notices Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16 1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Contractor shall be addressed to the Contractor's representative at the address provided for the
Contractor in Recital A above.
17. Assiqnment City and Contractor and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of
the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Contractor.
18. Modification No modification of this contract shall be valid unless in writing and signed by the parties.
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19, Trade Secrets and Confidential Information: Contractor shall clearly identify specific material within all documents that is
considered a trade secret or is otherwise confidential. City agrees, to the extent allowed by state and Federal law, not to
disclose to the public any identified trade secrets or confidential material. Contractor waives any and all civil claims arising from
any violation of the Uniform Trade Secrets Act (ORS 646461) if any material is disclosed to the public if such material is not
clearly and specifically identified by Contractor.
CONTRACTOR:
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CITY OF ASHLAND:
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FINANCE DIRECTOR c.7<
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PURCHASE ORDER # t' (-:' '.; I (
(for City purposes only)
*Completed IRS W-9 and Proof of required insurance form must be submitted with contract
G:\legal\Reeder\FINANCE\Parking Enforcement Services RFP Contract (11-05).doc
Drafted November 2005
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'"
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
pay;ment of a living wage.
, For all hours worked in a
month if the employee spends
50% or more of the
employees time in that month
working orl a project or
portion of business of their
~per hour effective JunE~ 30, 2005
(Increases annually every June 30 by the
Consumer Price Index)
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $15,964.
,. If their employer is the City of
Ashland including the Parks
and Recreation Department.
,. In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
).;- Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
.'r:~ ...
For additional iQformation:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.oLus.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
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CITY OF
AS l-l LAN 0
~A'
CITY RECORDER'S COpy
Page 1 / 1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
r~~=:;fi;~~, E~=~l1'
VENDOR: 003503
DIAMOND PARKING
POBOX 117
MEDFORD, OR 97501
SHIP TO: Ashland Finance Deartment
(541) 488-5300
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ADMINISTRATIVE SERVICES
Contact: Lee TuneberQ
Confirming? No
ParkinQ Enforcement & Administration
Year "1" of Contracted Services
84,225.00
RFP - Feb to May 2006
BeQinninQ date: June 1, 2006
Completion date: May 31,2009
Contract includes provision of two, one
year extensions, for a total of 5 years.
Insurance required/On file
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
84 225.00
0.00
0.00
84,225.00
~ ~ 7~%~
Auth ed Signature
VENDOR COPY