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HomeMy WebLinkAboutcclc.ag.121802 COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITY ROOM - CITY HALL DECEMBER 18, 2002 8:30 am I. Roll call and approval of Dec. 4, 2002 minutes. II. Commissioner comments III. Valet Parking - review proposal IV. Promotional Activity V. Mall leases open for winter VI. Adjourn Exhibit A Scope of License December 11, 2002 TERMS AND CONDITIONS 1. The City of Aspen will provide a maximum of six (6) parking spaces to be used for staging vehicles for the valet parking, between the hours of 6:00 pm and 2:00 am, seven days a week. 2. Those spaces will be designated by the Parking Operations Manager on the south side of the 400 block of East Hopkins. These will be the first six spaces starting at the West end of the block. The city may request changes in the location of, and/or type of parking (angle vs. parallel) with the spaces provided for valet staging. 3. The spaces will only be designated with signage either provided by the city or explicitly approved in writing by the city. 4. No double parking will be allowed at anytime. 5. Additional signage or equipment placed on the sidewalk, curb or street will need prior written consent frgm the City of Aspen. Any such approvals will b¢ at~the operat??s expense. . :, 6. Vehicles will be staged adequately and safely, utilizing the designated staging spaces, without congesting the surrounding area and leaving the intersection and street clear~ at all times. 7. Vehicles will be staged in the area for a minimum amount of time necessary for customer loading and unloading, not to exceed five (5) minutes per vehicle. 8. All vehicies using the valet service will be parked in the Rio Grande Parking Plaza. Under no circumstance will vehicles be parked elsewhere. 9. Valet employees will be encouraged to carpool or utilize RFTA transit service. Employees that use the Rio Grande Parking Plaza for their personal vehicle will be charged the current parking rate. Employees may not use the assigned valet access cards for their personal vehicles. Under no circumstance are valet employees to park their own vehicles in the valet staging area. 10. Ail vehicles remaining in the Rio Grande Parking Plaza after valet operating hours will be charged the regular garage fees. 11. The operator will continue to use discretion with regards to intoxicated drivers. Tipsy Taxi will be called and the vehicle will remain in the valet staging area until the following day. 12. In keeping with the fee structure for the Rio Grande Parking Plaza ($1.25/hr), the operator will be charged $2.50 for the equivalent of two (2) hours parking per vehicle valet parked. Parking fees will be paid to the City of Aspen Rio Grande Parking Plaza monthly by the fifth day of each month for the previous month. 13. Parking Garage procedures include the following: a. All valet drivers will place valet stub on the rearview mirror, and back vehicles into perpendicular parking spaces. b. All valet drivers must use the parking garage pass cards upon entering and exiting the parking garage. If gates are raised or broken, valet drivers must insert the card into the reader so accurate accounting may be kept by City staff. Cards will automatically become invalid for improper use. The number of entrances and exits must match each other on a nightly basis. c. Valet drivers will obey all posted parking regulations and speed limits. d. All pass cards will have a $10.00 deposit fee and must be returned at the end of the season. Replacement cards will be issued at a cost orS10.00. 14. Valet service will be provided at no charge for handicapped individuals. 15. A designated valet service superVisor will be on site at all times to ensure full compliance with correct operating procedures and conditions. 16. The operator will carry liability insurance in the amount specified in Section 6 of the License Agreement. The City of Aspen reserves the right to review and modify insurance requirements. 17. At least two (2) weeks Prior to the beginning of the service, the operator will provide to the City of Aspen Parking Operations Manager a copy of the following: ~' Service specifications and operation plan including hours of operation, rates and drop off and pick up arrangements, etc. > Operator service manager(s) name(s) and phone number(s) to allow contact at anytime during valet service hours. )~ Certificate of insurance, demonstrating adequate general liability and garage keepers' insurance coverage. Sample of daily/monthly report formats. 18. The operator will maintain accurate and complete records for the valet service. The City of Aspen reserves the right to audit such records at anytime. 19. Monthly reports will be submitted to the City of Aspen's Parking Operations Manager by the fifth day of each month for the preceding months Valet service activity. Additionally payment m the City of Aspen for the previous month's fees will be paid at this timel 20. The City of Aspen will enforce the valet staging area parking regulations through the issuance of parking tickets. Vehicles will be towed at the discretion of the Aspen Police Department and/or Parking Operations Manager. The operator will communicate any problems or requests to the City of Aspen 2L through the Parking Operations Manager. and In the best interest of the City of Aspen, the city reserves the right to review 22. modify any if these terms and conditions at anytime. LICENSE AGREEMENT FOR USE OF CITY OF ASPEN ON2STREET PARKING SPACES AND USE OF RIO GRANDE PARKING PLAZA This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, OCity") and Valley Valet, Inc. ("Licensee"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of License. Licensee shall be entitled to use in a manner consistent with the Scope of License as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Non-Assignability. Both parties recognize that this license cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Licensee of any of the responsibilities or obligations under this agreement. Licensee shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agen!s and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Licensee to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 3. Termination. The Licensee or the City may terminate this Agreement, without specifying the reason therefore, by giving notice, in writing, addressed tot eh other party, specifying the effective date of the termination. 4. No Employee Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. No agent, employee, or servant of Licensee shall be, or shall be deemed to be, the employee, agent or servant of the City. 5. Indemnification. Licensee agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Licensee, any subcontractor of the Licensee, or any officer, employee, representative, or agent of the Licensee or of any subcontractor of the Licensee, or which arises out of any workmen's compensation claim of any emplOyee of the Licensee or of any employee of any subcontractor of the Licensee. The Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Licensee, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Licensee for the portion of the judgment attributable to such 'actl omission, or other fault of the City, its officers, or employees. 6. Licensee's Insurance. (a) Licensee agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Licensee pursuant to Section 5 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Licensee shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 5 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Licensee shall procure and maintain Comprehensive Automobile Liability insurance with combined single limits foi- bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate. 7. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Licensee for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Licensee reasonable notice of nay changes in its membership or participation in CIRSA, 8. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 9. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested to: City: Licensee: Stephen Barwick, City Manager Valley Valet, Inc. City of Aspen Box 8650 130 S. Galena, Aspen, CO 81612 Aspen, CO 81611 10. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Licensee agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 11. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a wavier of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be perfonned by Licensee to which the same may apply and, until complete performance by Licensee of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 12. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provision of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing Signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado. 1N WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Dated: ATTESTED BY: CITY OF ASPEN, COLORADO By: LICENSEE: By: