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CONTRACT TO PROVIDE PARKING ATTENDANT SERVICES " I I CONTRACT d4.... This CONTRACT made and entered into this ~ day of ~ 61'-- , 19~, by and between the City of Clearwater, Florida, a municip I cor oration, hereinafter designated as the "City", and Central Parking System () lb ltk ,Int, hereinafter designated as the "Contractor". I WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sum of $ 267,386.00 per year ($22.282. 1lPer month) to be paid by the City to the Contractor, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for the following: A three (3) year contract beginning October 1. 1996, and ending September 30, 1999 to provide parking attendant services under the specifications described in Exhibit A. In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said services to be performed by the contractor and its successors and assigns shall be fully completed to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the services to be performed by the Contractor, then the City, may at its option, cancel the contract and proceed to complete such services as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF (]e/~ ~ ("/," ~ /) /"/~ L/ ~/, ._.....~' ,../,' (/) I I SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of services under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the services to be performed by the Contractor are not completed in the time and manner stipulated herein, the City may cancel this contract and may deduct from such sums or compensation as may be due to the Contractor the sum of Ten Dollars ($10.00) per hour for each hour that the services were not performed by the Contractor, which sum shall only and solely represent damage which the City has sustained by reason of the failure of the Contractor to provide the contract services. It is further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to perform all services as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such 2 J I term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first about written. Countersigned: FLORIDA CITY OF CLEARWATER, By: zPJ~ ~ Eli th M. eptula, City Rita Garvey, Mayor-Com Manager Approved as to form and legal sufficiency: Attest: 9CS~- John Carassas, Asst. City Attorney 471f57; au; ~ .f.ff/~,j, ~ ~~ _.~~ G ; ~..~ I~~j v',' {; ('') "Y\ d ,Mi.-Yl""\,~ " S:\Inewcome\beach.con 3 I I EXHIBIT A SPECIFICATIONS FOR PARKING A TTENDANiS - BEACH LOTS GENERAL: Provide uniformed, well-groomed, well trained/competent and courteous personnel to collect, secure and deposit monies from three (3) beach parking lots as instructed by the City of Clearwater's Traffic Engineering/Parking System staff. Additionally, securing designated beach parking lots, when necessary, as instructed by Clearwater Police Department personnel. Every aspect relating to the operation of the parking lots are to be handled by the vendor. This would include personnel recruitment, scheduling, cash control, customer relations, cleaning, minor repair of booths and parking equipment, and securing deposits and other such aspects that may arise in the course of the operation. Minor repairs/adjustments include preventive maintenance and gate arm replacement (to be supplied by the City) when City staff is not available. City staff is responsible for performing all major repairs to the parking equipmenVbooths, etc. Major repairs include all electronic work as well as anything not covered under minor repairs. In addition to providing parking attendants to perform the day-to-day operations, a local (within 50 miles) management staff will be involved on a daily basis to review the parking operations. Specifically, full-time on site management will have the responsibility of handling all of the day-to-day matters. The parking lots are operated as pay-upon-exit facilities equipped with revenue control equipment and automatic gates (Federal ADP equipment). Additionally, all cashier booths are equipped with a telephone and directly able to contact the Clearwater Police Department Communications Center for emergencies. Page 2 I I BID SPECIFICATIONS - PARKING ATTENDANTS 07/17/96 RESPONSIBILITY: Parking Attendant's responsibilities include, but are not limited to: . Operates a revenue control fee computer for the purpose of collecting hourly parking fees and balances cash drawer with "Cash Report" from the fee computer at the end of each shift. . Monitors the entrance gates at each facility to ensure proper "full" signs are properly placed. This responsibility may require an additional staff member, other than the attendant(s) in the booth(s), during certain times of the year. · Fills out necessary cashier reports at the end of each shift. · Clears ticket dispenser of jammed tickets and fills when necessary. · Cleans the attendant's booth and area immediately surrounding the booth as well as all equipment cabinets. . Assists customers when necessary (either entering or exiting lot). · Explains charges and gives routine information to the public including any handouts, maps, etc. which are provided by City staff only. · Secures designated parking areas with barricades, gates, cones, lot full sign placement, etc. (provided by the City) as instructed by City staff. · ALL PARKING ATTENDANTS SHALL BE BONDED to protect the interests of both the successful bidder and the City as their interests may appear. Such bonds shall be in an amount of not less than $25,000, shall be underwritten by a company licensed to engage in the bonding business in the State of Florida, and shall name both the City and the successful bidder as loss payees should a loss occur. Page 3 I I BID SPECIFICATIONS - PARKING ATTENDANTS 07/17/96 Management responsibilities include, but are not limited to: . Ensures all parking lots are properly staffed in accordance with established hours of operation. A bank of personnel (attendants) should be established to ensure a uniform operation to provide fill-ins for last minute "no-shows" . Ensures all attendants are well-groomed, trained, informed of all policies and procedures and are keeping booths clean and orderly. . Trains all attendants on the fee computer/gate equipment and informs them of all policies and procedures. . Responsible for providing fee computer, cashier and entry/exit reconciliation reports. These reports should be audited and organized before they are turned over to the City on the following business day. . Secures the deposits from each shift of each lot and makes daily and nightly deposits at a local bank as instructed by City staff. . Responds to attendants in case of any report of trouble, breaks, etc. . Serves as liaison for the City's needs in respect to the actual operation of the lots and keeps the City updated on the operation and is available 24 hours a day, seven days a week to handle any situation arising at the beach lots. . ALL ON-SITE MANAGEMENT SHALL BE BONDED to protect the interests of both the successful bidder and the City as their interests may appear. Such bonds shall be in an amount of not less than $25,000, shall be underwritten by a company licensed to engage in the bonding business in the State of Florida, and shall name both the City and the successful bidder as loss payees should a loss occur. Page 4 I I BID SPECIFICATIONS - PARKING ATTENDANTS I 07/17/96 GENERAL SERVICES TO BE PROVIDED: The City expects the operation of the beach parking lots to operate in a professional manner. All personnel should understand they are representing the City of Clearwater while they are operating the lots. The City reserves the right to require an employee be terminated due to incompetence, inappropriate actions or behavior in any respect. This request would be discussed with the appropriate vendor's management staff prior to any actions. Prior to begiming the contract, the vendor will develop a "Standard Operating Procedures. manual in conjunction with City staff to ensure clear understanding of the parking attendant services to be provided and to serve as an operations manual for the on-site management. The following responsibilities include, but are not limited to: · Accident and security violation procedures . Transaction procedures . Customer service standards . Attendant uniform requirements . Cash control procedures . Cashier booth cleaning/maintenance . Employee parking . Employment procedures and qualifications . Equipment maintenance . General maintenance . Operational schedules . Special parking programs . Special event parking . Police / Fire information -Page 5 I I BID SPECIFICATIONS - PARKING ATTENDANTS 07/17/96 On-site customer service training is required for all staff. The importance of good customer relations / customer service should be stressed to all staff members. This training should be accomplished on an annual basis or more often if deemed necessary whether by the City or Vendor. All cleaning supplies/materials, office supplies, spitter tickets, ribbons/register paper for revenue control equipment will be supplied by the vendor. For security purposes, at time to time, the vendor may feel the cashier booths will need rekeyed and the safes recombinated; this is also the responsibility of the vendor. The vendor is responsible for providing the necessary funds to make change for the customers. The current rates are $1.00 per hour, charged in 15 minute increments ($.25 for 15 minutes). REQUIRED STAFFING MODEL PIER 60 PARKING LOT (250 parkinQ spaces - 2 exit lanes): 1 Attendant 7:00 a.m. 11 :00 a.m. 2 Attendants 11 :00 a.m. 7:00 p.m. 1 Attendant 7:00 p.m. 1:00 a.m. NORTH GULFVIEW PARKING LOT (281 parkina spaces - 2 exit lanes): 2 Attendants 10:00 a.m. 6:00 p.m. 1 Attendant 6:00 p.m. 10:00 p.m. Note: Lot opens at 7:00 a.m.; however, attendant is not on duty before 10:00 a.m. Any vehicles exiting lot before 10:00 a.m. or after 10:00 p.m. will exit via the "by- passn lane through the South Gulfview parking lot exit. Page 6 I I BID SPECIFIGATIONS - PARKING ATTENDANTS 07/17/96 SOUTH GULFVIEW PARKING LOT (183 parkinq spaces - 2 exit lanes): 1 Attendant 7:00 a.m. 11 :00 a.m. 2 Attendants 11 :00 a.m. 7:00 p.m. 1 Attendant 7:00 p.m. 1:00 a.m. (Monday - Thurs.) 1 Attendant 1:00 a.m. 2:30 a.m. (Friday - Sunday) All of the hours listed above are the actual hours of operation for the lots. Any additional hours for opening and closing functions should be considered in the bid. On-site management is required during all hours of operation. In the preceding staffing model, all of the notations that require one (1) attendant may actually require two (2) attendants during certain times of the year (Le., spring break, special events, holidays, etc.). Conversely, during the off-season, when two (2) attendants are required, one attendant may actually be required (Le., inclement weather days during the winter months, storms, hurricanes, etc.). Although, the vendor should be prepared at all times to staff the lots. As an example, the beach may experience stormy weather in the morning hours and clear up in the afternoon thus resulting in "full" parking lots. When scheduling staff, these factors should be considered. It has been our experience that through proper management and foresight, the flexibility of hours has roughly equaled the number of hours in the required staffing model listed above. Page 7 I I BID SPECIFICATIONS - PARKING ATTENDANTS 07/17/96 FISCAL RESPONSIBILITY OF VENDOR: · Deposits must match "Cash Reports" and any shortages will be the responsibility of the vendor. · Ticket reconciliation must be performed on a daily basis and any shortages will be the responsibility of the vendor charged at the daily maximum (currently $7.00 / day). QUALIFICATIONS OF BIDDER: · At least three (3) consecutive years of a successful history of cashier operated parking lot operations is required. · References must be made available upon request. REQUIREMENTS OF BIDDER: · Must meet the City of Clearwater's General Conditions. · Must be able to contact a supervisor 24 hours a day, seven days a week. · Must provide a bond on all personnel within 15 days upon award of bid. · Must possess an occupational license with the City of Clearwater. METHOD OF COMPENSATION FOR SERVICES: · Payment by the City will be made on a monthly basis (1/12th of annual amount) based on the vendor's verification of attendant hours per above specifications. PageS I I BID SPECIFICATIONS - PARKING ATTENDANTS 07/17/96 · Non-compliance for understaffing/cash shortages per specifications will be withheld from monthly payments. . A penalty of $10.00 per hour will be charged for each hour that does not comply with the required staffing model. LENGTH OF CONTRACT: The contract shall run for a period of three (3) years. Cancellation of the contract by either party, or by the City if performance is not satisfactory, shall occur at any time by giving written notice of such cancellation to the other party at least ninety (90) days prior to the date of cancellation specified in such notice. OTHER CONSIDERATIONS: The successful bidder shall, at its expense, secure insurance coverages as required by these bid specifications and provide to the City Certificates of Insurance as may be necessary to comply with the requirements of Exhibit A (Insurance Requirements) attached hereto and made a part hereof prior to beginning performance of any work provided for in the bid specifications. BID: Bids should be submitted based on a proposed annual operating amount to perform the above specifications. Any party providing services to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. I I EXHIBIT A INSURANCE REQUIREHEN'l'S The bid will procure and maintain the following insurance coverage: 1. Workers' Compensation and Employers' Liability--the bidder shall procure and maintain for the life of this purchase order, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. 2. General Liability--The bidder shall procure and maintain, for the life of this purchase order, General Liability Insurance. This coverage shall be on an 'Occurrence' basis and shall. include: Premises and Operations; Independent Contractors; Products and Complete Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability policies of the Insurance Services Office. This policy shall provide coverage injury, personal injury or property arise directly or indirectly from the . purchase order. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. for death, bodily damage that could performance of this The City shall be included Additional Insured under the insurance. and identified as policy/certificate an of 3 . Business Automobile Liabili ty--The Bidder shall procure and maintain, for the life of the purchase order, Business Automobile Liability Insurance. The Ilinimum limits of coverage shall be $300,000 Per Occurrence. Combined Single Limit for Bodily Injury Liabili ty and Property Damage Liability. This coverage shall be an .Any Auto. type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office. 4. Indemnity--The bidder shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgements and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the performance of this purchase order by bidder, its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses. The bidder acknowledges that it is solely responsible for complying with the terms of the purchaseporder . 5. .supplemental ~Bions The insurande coverages and conditions afforded by this policy shall not be suspenJed, voided, cancelled or modified except after th!rty (30) days prior written notice by certified mail return receipt requested has been given to the City's Risk MAnagement Office. Certificates of Insurance meeting the specific required ihsurance provisions specified wi thin the purchase order shall be forwarded to the City's Risk Management Office and approved prior to start of any work. After review, the Certificate will be filed with the Purchasing Office as a apart of the original purchase order. Receipt and acceptAnce of a bidder' 8 Certificate of Insurance, or other' similar document, does not constitute acceptance or approval of amounts or.types of coverages which may be less than required by the purchase order. The City may at its option require a copy of the bidder's insurance policies. All insurance policies required with this purchase order shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the City. 6. Safety and Health Requirements e) I a) b) c) d) a) Safe and Healthful Work Environment--It is the bidder's sole duty to provide safe and healthful working conditions to its employees and those of the City on and about the project site. The City assumes no duty for supervision of the bidder. Stop Work Orders--The City may order that the work stop if a condi tioD of immediate danger to Ci ty employees, equipment or property damage exists. This . provision shall not shift responsibility or risk of loss for injuries or damage sustained from the bidder to the Ci ty , and the bidder shall remain solely responsible for compliance wi th all safety requirements. and for the safety of all persons and property at the project site. b) If:: c) Compliance with Safety and Health Regulations--The bidder shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of labor and Empl~ent Security and all other appropriate federal, state, local regulations or City safety and health standards. 1': ,.1,',;.