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HomeMy WebLinkAbout2011-020 Contract - Diamond Parking 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: CITY: CITY OF ASHLAND Contractor: Diamond Parking Seryices City Hall Address: 116 Lithia Way, Suite #7A 20 E. Main St. Ashland, OR 97520 Ashland, Oregon 97520 (541) 488-6002 Telephone: 541-552-1422 (Linda Fait/Ashland office) FAX: (541) 488-5311 FAX: 541-552-1422 (Tel/Fax #) Date of this agreement: 12/27/2010 B: Date RFP 1st Advertised: 11/04/2010 Beginning Date: February 1, 2011 Proposal opening date: 12/09/2010 Completion Date: January 31, 2014 2.2. Contracting officer: Todd Clifford, City Manager and Linda Fait, Area Manager 2.3. Project Name: Parking Enforcement & Administration Services Proiect Description: City-wide parkinq enforcement and administrative services 6.1 Contractor's representative: Todd Clifford, City Manager and Linda Fait, Area Manager 8.3. Maximum contract amount: Per proposal submitted in response to RFP 12/09/2010 Term: Contract is being awarded for a three year term with the option of two (2) one-year extensions for a maximum term of five (5) years. 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. 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. 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 "Seryices" shall mean all labor, materials, plans, specifications, opinions, reports, and other RFP - Parking Enforcement & Administration, 11104/2010, Page I of 5 seryices .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 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 seryices, 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 seryices described in the RFP, Contractor shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the seryices. 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 seryices as expeditiousiy as is consistent with professional skill and care. 5.3. Contractor shall perform the seryices 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 or 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 seryices. 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. 5.4 In addition to the services described in the scope of work section of the RFP,the City shall make advance payments for postage in the form of a $6,000 deposit which will be monitored and replenished as scheduled or as needed to process a sufficient amount of mail. 5.5 This contract may be terminated by either party for any reason with thirty (3Q) days written notice. 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 seryices if the requests are consistent with sound business and professional practices. 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. RFP - Parking Enforcement & Administration, 11/0412010, Page 2 of 5 8. Pavment: 8.1. City shall pay Contractor for seryices. 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 seryices within ten days after the 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 ancj construed in accordance with laV:ls of the State of Oregon. Contractor shall promptly obserye and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city govemments with respect to the seryices including, but not limited to, provisions of ORS 279C.505, 279C.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 required 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 $18,703 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 under 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 Contractor. . 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 provide 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 accou'ntant 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 seryices attendant to this contract). Contractor shall not be heid responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. RFP - Parking Enforcement & Administration, 1110412010, Page 3 of 5 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 contraciualliability, products and completed operations and owner's and contractor's protective insurance; 13.1.2. A professional errors and omissions liability policy; 13.1.3. A comprehensive automobile liability policy including owned and non~owned automobiles; and 13.1.4 A Workers' Compensation policy 13.2. Th'e 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 $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) 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 cannot be made 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 RFP - Parking Enforcement & Administration, 11104/2010, Page 4 of 5 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. Assianment: 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 both parties. 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 646.461) if any material is disclosed to the public if such material is not clearly and specific~IIy identified by Contractor. . BY CiTY OF ASHLAND: ~ 1.. L? BY DEP';TMENT HEAD&-- -z-(r ~II ~ BY DATE TITLE CONTENT REVIEW DATE DATE FederallD # 'Completed W-9 and copies of required insurance certificates must be sub'milled with the original signed contract. G:\IegaIlReeder\FINANCE\Parking Enforcement Services RFP Contract (11-05).doc RFP - Parking Enforcement & Administration, 11104/2010, Page 5 of 5 ACORD." CERTIFICATE OF LIABILITY INSURANCE OPID DG I DATE (IIMIDD1YYYY) DIAMOOl 07/07110 ="RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE " Lovste~-Worthin9ton LLC HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I?_O. Box 607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 99041 Phone:425-496-1291 Fax:425-4B6-6140 iNSURERS AFFORDING COVERAGE NAlC# NSURED INSURER A: Chubb Custom INSURER B: Federa~ Insurance Comnanv Diamond Parking Inc INSURER c: Enlployar'lII Il\.uran~ _.u..u 605 First Ave! Suite 600 INSURER 0: ScotUctal._ In.urance ~ny Seattle WA 9B 04-2224 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONomeN OF ANY CONTRACT OR OTHER DOCUMENT wrrn RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TliE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOVCEO BY PAID ClAIMS. ~ ~ TYPE OF INSURANCE POUCY NUMBER ~l.MIOONY'- DATE MMJDO";:";;-" UMITS ~~ UABlUTY EACH OCCURR!:NCE 51.000.000 A X COMMERCIAl GENERAl liABILITY 79572244 07/15/10 07/15/11 PREMISES lEa OCOS8l'1ce1 0 l CtAlMS 'MCE ~ OCCUR MED EXP (Any one perllOll) 5 PERSONAl & ADI/ INJURY 51,000.000 GENERAL AGGREGATE 02 000,000 rilLA~n ;~~ APrlSIPER: PRODUCTS. COMPIOP AGG $1,000,000 POLICY JECT LOC ~TOMOBn.E I.lABIl.lTY COMBINEC SINGLE LIMIT 51,000,000 B IWY AlITO 73547935 07/15/10 07/15/11 (Eaaccident) "- ~ ALL OWNED AUTOS BODILY INJURY 5 SCHEDULED AUTOS (Per person) "- ~ HIRED AUTOS BODILY INJURY 5 ~ NON-OWNEO AUTOS (Peraeeident) - PROPERTY DAMAGE 5 (Pereccident) =fGEUAmUTY Aliro ONLY -EAACCIDENT 5150.000 A IWY AlITa 79572244 07/15/10 07/15/11 OTHER THAN EAACC 51,000,000 AUTO ONt. Y: AGG 01. 000 .000 ~ESSIUIIBREUA UABlUTY eACH OCCURRENCE 52 000,000 D X OCCUR 0 CLAIMS MADE XLS006Bl00 07/15/10 07/15/11 AGGREGATE 52 000,000 5 R OEDUCTIBLE 5 RETENTION 5 5 WORKERS COIlPENSAnoN AND h~'\W~lfs I IU~;;- C EMPLOYERS' UABIUTY WCC-Z91-4523B9-010 07/15/10 07/15/11 01 000,000 ANY PROPRIETORIPARTNERJEXECUTlVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPlOYEE 01 000.000 ~~:'~~~NS below E.L. DISEASE - POLteV LIMIT 51 000.000 OTHER r :',- IT;'; ....=-~-::..; n t\ n r.= --.. I ~ESCRlPTJON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS ~~'" W OS ~ RE: Station #EAOl - City of Ashland, Ashland, OR i' ==~~~u _ ~~~. : ' Certi~icate holder is an additional insured :ERTIFICATE HOLDER CANCELLATION ASHLAOl SHOULD ANY OF nu! ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING IN$URERWlLL ENDEAVOR TO MAIL ~ DAYS WRITTEN Ci ty of Ashland NOnce TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAIlURE TO DO so SHAU 20 E Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER.lTS AGENTS OR Ashland OR 97520 RE~ . AUTHO ~E 'CORD 25 (2001/08) C>ACORD CORPORATION 1988 ~. ~ ~ ~. ~ . . . . ~ , , , , I Fee Schedule ~ ENFORCEMENT/ADMINISTRA nON LABOR (REIMBURSED) Enforcement Labor and Court Appearance Fees (Based on 192 hours per month, paid at 2010 Living Wage rate of$13.40 per hour) $16.45 (per hour) $3,158.40 Enforcement Labor and Court Appearance Fees (During peak Shakespeare Festival) (Based on 240 hours per month, paid at 2010 Living Wage rate of$13.40 per hour) $16.45 (per hour) $3,948.00 The hourly Living Wage rate will be charged to lbe City of AsWand for all labor provided (wilb lbe exception of Supervision) and a total will be included on the monlbly report to lbe City. The City rate includes Labor, Taxes and Benefits. Any additional labor requested by lbe City will be billed at a rate of $16.45 per hour and will be invoiced on lbe MontWy Management Report. EXPENSE BREAKDOWN (PER MONTH) Supplies: Ticket Envelopes Thennal Ticket Paper . Ink (for office printer) Correspondence Envelopes Paper Warehouse Fees PostageIPO Box $ 29.00 $ 36.00 $ 34.00 $ 15.00 $ 12.00 $ 30.00 $ 87.00 Total: 5243.00 Operational Costs: Office Rent Office Telephone Charges Fax/Intemet Charges Other Taxes, Licenses, and Permits Audit Expense Repairs/Equipment Maintenance $ 325.00 $ 70.00 $ 35.00 $ 25.00 $ 65.00 $ 100.00 Total: 5620.00 Overhead Banking Risk Management Accounting & Data Processing Credit Card Fees EMS Processing Fees Operator Profit $ .70.00 $ 135.00 $ 120.00 $ 388.00 $ 150.00 $ 500.00 Total: 5 1,363.00 Monthly S~pplies, Equipment, Operational Costs, and Profit: Monthly Supervision and Administration of Contract: $ 2,226.00 $ 3,600.00 . Total Bid from Diamond Parking: $5,826.00 Total MontWy Cost of Operation: Oct-May Total MontWy Cost of Operation: June-Sept $ 8,984.40 11,ft7/.-- $ 9,774.00 Jfvfl. ,.------.... /IO,'b - 29- r~TY RECORDER Page 1 /1 ,~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 1IllIrp.0TliiI!JIVIBERWII 10024 VENDOR: 003503 DIAMOND PARKING POBOX 566 ASHLAND, OR 97520 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: Contact: Lee Tuneber~ Confirming? No ~'~~QtNl~titt~~ ~Tunli~~_~~~~~]f~~;~VB~on~~~S;,,~t~~:;-J~~~~}i~ ~UiilfP.rlce_lRIEXdp.rlce~j Parking Enforcement and Administration 45,711.60 Services (New contract) Beginning date: February 1, 2011 Completion date: January 31,2014 Contract may be extended annually for two (2) additional years for a total of (5) five years. Approved by Council on Dec. 21, 2010 BILL TO: Account Payable 20 EAST MAIN S1 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 45711.60 0.00 0.00 45,711.60 ~~:;i}!Accoun1TN11'mDerlrI~j (;1g~~rojE{Cf;NUm"tler;[;,!';~j ilin:WJi:ifAm-o'*unifgl~ ;H:11ACCOWitlNUmbEtf&~~l ;'f~:!;i'itfRtoJiCiTNu~ ~ E 710.03.09.00.60416 45 71 1.60 7f1-u~ Ln'J.. 8-r 1-;1. '/ Authorized Signature VENDOR COPY I FORM#3 I CITY OF ASHLAND A request for a Purchase Order REQUISITION pii:2~?-/ j: // Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number . Date of request: Required date for delivery: ,.., ~A'_~~ d' ~.-4__l!i-tZ~ (/ ~. <'-i" -y-, SOLICITATION PROCESS D Exemplfrom Competitive Biddina D Emeraencv Reason for exemption: D Invitation to Bid (Copies on file) D Written findings attached Date approved by Council: D Quote or Proposai attached D Small Procurement ~uest for Proposal (Copies on file) CooDerative Procurement Less than S5.000 D State of Oregon Note: Total contract amount, including any Date approved by Council: ,.;2. ~ :;<.( - ,~ 0 Contract # amendments may not exceed $6,000 D State of Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES D Written findings attached D Other government agency contract S5.000 loS100.000 D Quote or Proposal attached Agency D (3) Written quotes attached Contract # PERSONAL SERVICES D Special Procurement D Intergovemmental Agreement S5.000 to S75.000 D Written findings attached Agency D Less than $35,000, by direct appointment D Quote or Proposal attached Contract # D (3) Written DroDOsals attached Date approved bv Council: Date approved by Council: Description of SERVICES 7::.4A--b~t{j 6?f:;;~h?..e..J',./ ~'.rIeI' nt..L-~~Y:>.v("t' .::51.rv<CLL-e.) 16'a..;-- a0t...Y" ' ch:.e~ ( ::t-o / I N~ t!."'-'-V" ~y.. ,. Item # Quantity Unit Description of MATERIALS Total Cost Unit Price Total Cost , . [2g' Per attached QUOTE Project Number ______ - ___ Account Number Zip-'l}- E5 rz.'l. (,!!:!j("Q Account Number ___. __. __. __. ______ Account Number ___ - __. __. __. ______ Account Number ___. __. __. __. ______ 'Expenditure must be charged to the appropriate a=unt numbers lor the financials to reflect the actual expendffures accurately. Mach extra pages ff needed. By signing this requisition lonn, I certify that the inlonnation provided above meets the City's pubtic contracting requirements, and the documentation can be provided upon request. . " Employee Signature: Department Head Signature: N-.,;(- 0-- Additional signatures (if applicable): Funds approprIated for current fiscal year: ~ / NO ~F~ Date Comments: G: Finance\ProcedurelAP\fonns\Form #3 - Requisition.doc Updated on: 2/1112011