ATTACHMENT A
AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT NO. A8535
AMENDMENT NO. 4 TO THE CONTRACT SERVICES AGREEMENT
NO. A8535 BETWEEN THE CITY PALM SPRINGS AND ABM AVIATION, INC.
1. Parties and Date.
This Amendment No. 4 to the Contract Serv ices Agreement ("Amendment No. 4 ") is made and entered into as of June 1, 2026, by and between the City of Palm Springs ("City") and ABM Aviation Inc., a Georgia Corporation, (Contractor). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The Ci ty and Contractor have entered into an agreement entitled "Contract Services Agreement No. A8535" dated April 1, 2020 ("Agreement") for the purpose of providing parking management services at the Palm Springs International Airport and with the City acting as the merchant of record, for an amount of $4,270,796 and a term of five -years from June 1, 2020, to May 31, 2025.
2.2 Amendment No. 1. On May 28, 2020, Parties entered into Amendment No. 1 to the Agreement to provide to the City the administrative rights to decrease the scope of minimum services required for airport parking management services to address the global COVID -19 pandemic affecting regional and/or international travel.
2.3 Amendment No. 2. On August 8, 2021, Parties entered into Amendment No. 2 to the Agreement to amend the scope of services and to allow the Contractor to act as the merchant of record.
2.4 Amendment No. 3. On October 1, 2024, t he City and Contractor desire to amend the Agreement to increase compensation by $2,674,475 to extend the term for one year through May 31, 2026, upgrade the credit card payment terminals to EMV contactless payment terminals, increase staffing, staffing hours, hourly staff rates, and shuttle services with a new not to exceed maximum contract amount of $6,945,271.
2.5 The City and Contractor desire to amend the Agreement to add and remove services performed by Contractor , extend the term nine (9) months through February 28, 2027, and amend the compensation provisions with a new not to exceed maximum contract amount of $6,419,842.
2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 10.4 of the Agreement.
3. Terms.
3.1 Section 1.1 Scope of Services. Exhibit “A1” of the Agreement is replaced by Exhibit “A2”, attached hereto to this Amendment and incorporated herein by this reference, in order to remove certain services from the Agreement . All references to Exhibit “A1” within the Agreement shall hereafter refer to Exhibit “A2”.
3.2 Section 2.1 Maximum Contract Amount . Exhibit “F1” of the Agreement is replaced by Exhibit “F2”, attached hereto to this Amendment and incorporated herein by this reference, in order to amend the compensation provisions with a new not to exceed maximum contract amount .
All references to Exhibit “F1” within the Agreement shall hereafter refer to Exhibit “F2”.
3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.
3.5 Severability. If any portion of this Amendm ent No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND STEVEN ENTERPRISES, INC
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
EXHIBIT “A2”
SCOPE OF SERVICES
General Overview
Contractor must provide all personnel, personnel bonds, personnel uniforms, materials, equipment, radios, vehicles, supervision and other items necessary to:
1. Operate and manage Airport public parking lots. Contractor shall submit to the City 30- days prior, a monthly sta ff plan for approval. City shall not unreasonably without approval of the staff plan. Any deviation from the staff plan shall be reported to the City.
2. Collect all parking lot fees and charges (including the secure processing of credit card and debit card charges) legally due, and provide bookkeeping, accounting, and audit services with respect thereto. Daily deposit of funds, with all necessary supporting documentation made directly to the City Finance Department.
3. Contractor shall operate, service, maintai n, and repair all parking lot equipment including parking lot revenue control and access equipment (PARCS) as part of the management fee.
As new PARCS equipment is purchased, installed, and certified for operations by the City, Contractor shall assist with the transition as part of the management fee.
4. Report and arrange for improperly parked or abandoned vehicles to be removed from the parking lots.
5. Perform nightly license plate inventory of all vehicles parked in parking lots. This information must be logged into a database that is accessible to Airport management.
6. Provide and/or arrange for basic vehicle emergency services (i.e. jump -starts, keys locked in vehicles, and towing).
7. Keep parking lots safe and secure, in a clean, litter-free condition. Report all concerns.
8. From October to May, provide a designated number of shuttle bus drivers to operate shuttle bus for the safe and efficient transportation of Airport passengers to and from the overflow parking lot or designated location on the airport property (see Exhibit "F2").
9. From June to September, perform Airport shuttle bus operations to and from the overflow parking lot or designated location on the airport property during all periods that capacity in the parking lot exceeds ninety percent (90%) to be provided as a separate hourly charge and would be approved in addition to services provided in the base management fee services (see Exhibit "F2").
10. Provide shuttle bus dispatching services when the overflow lot is operational.
11. Assure adherence to airport par king and grounds transportation procedures/ regulations.
Observe and report any discrepancies.
12. Provide various daily and monthly reports, accounting records, and other statistical data requested by the City.
13. Ensure that personnel utilized for each component of the Agreement receive the appropriate
level of training prior to assignment so that they may exercise their duties in an exemplary manner. Maintain current personnel manual.
14. Once Electric Vehicle (EV) chargers are installed and certified as operational, Contractor shall inspect and report any issues with the EV charging locations in the parking lot.
Contractor shall ensure that charging cords are properly stowed so as to not create a hazard.
Facility Description, Reporting Requirements and Equipment
The automobile parking facilities to be managed and operated by Contractor consist of the following, including six (6) entry lanes, each with a ticket dispenser, and one (1) toll plaza with two (2) exit booths, one (1) express exit lane with one (1) additi onal express exit on booth #1. All equipment to be compliant with payment card industry (PCI) standards. These locations shall be referred to collectively as the" Airport Parking Facilities":
A. Public Parking Lot / Electric Vehicle Charging Spaces.
The public parking lot is located generally west of the Terminal, as shown on Exhibit "D" attached hereto and incorporated by reference herein. At the time of execution of this Agreement, said lot has parking capacity for approximately eight hundred and eighty-six (886) vehicles in the parking area.
Of the eight hundred and eighty-six (886) spaces, eighty (80) spaces are available for electric vehicle charging.
B. Public Overflow Parking Lot.
The overflow parking lot is located generally south of the Terminal, on Kirk Douglas Drive, as shown on Exhibit "D" of the RFP. At the time of execution of this Agreement, this lot has the capacity for approximately eight hundred (800) vehicles.
C. ADA Parking.
There are currently thirty -one (31) ADA parking spots locat ed within the public parking lot. The spots are located nearest the passenger terminal.
D. Employee Parking Lot.
The Employee Parking Lot is managed and permitted by airport staff. The Contractors employees will be issued permits to park their personal vehicles in this lot while on duty, currently there is no charge for the first permit to the employee. Lost permits are subject to replacement cost charges. No personal vehicles of the Contractor are to park in the public parking lots while on duty.
E. Future Parking Facilities.
City shall have the right, at any time during the term of this Agreement, including any extensions thereto, to improve, expand, replace, or modify any or all of the Airport Parking Facilities, and/ or any equipment or appurtenances thereto. City reserves the right to construct additional parking facilities to serve the Terminal. Upon thirty (30) days written notification by the City to the Contractor, any such modified, expanded, or additional parking facilities shall be included within the
Airport Parking Facilities and shall be subject to this Agreement.
F. Management.
Provide highly qualified on- site manager. The contractor will provide an Assistant Manager during the absence or unavailability of the Parking Manager, to represent and act for Parking Manager with like authority. The Manager or Assistant Manager will be available seven (7) days a week. The Parking Manager shall not be concurrently assigned or employed in any capacity with the management or operation of any other automobile parking facility or enterprise whatsoever during the tenure of such Parking Manager at the Airport.
G. Shuttle/Curbside Supervisor.
The Shuttle/Curbside Supervisor provides assistance with both ingress and egress of passengers and oversees and responds to curbside and shuttle bus needs. The Shuttle/Curbside Supervisor will also be available to assist during peak periods to drive the shuttle bus when demand requires the operation of multiple shuttles.
H. Intentionally Omitted.
I. Intentionally Omitted.
J. Cashier.
Contractor shall be responsible for hiring, training and supervising an adequate number of supervisory and operating personnel with appropriate skills to ensure full performance of Contractor's management and operation services.
K. Shuttle Bus Driver.
Shuttle bus drivers provide safe and efficient shuttle bus transportation of Airport passengers to and from the overflow parking lot or designated location on the airport property.
L. Hours of Operation.
Contractor shall keep the A irport Parking Facilities open for use by the public and by authorized employees a minimum of ninety (90) minutes prior to the first commercial aircraft departure and a minimum of one (1) hour after the last commercial aircraft arrival, to include delayed flights. In the event of irregular operations, the airport control center will notify the parking attendant with the required schedule to operate the exit booth. This will include seven (7) days a week, including all weekends and holidays.
M. Supervision of Vehicular Movement and Parking.
Contractor shall maintain adequate supervision and control over vehicular entrances, exits and movement lanes so as to maintain at all times the safe, orderly, efficient and timely flow of traffic through the Airport Parking Facilities.
The scope of this section particularly refers to the requirement for Contractor to staff and operate an adequate number of additional exit lanes to accommodate varying volumes of exit traffic, without unreasonable delays. Unreasonable del ays are considered to be any delay in excess of six (6) minutes.
Contractor shall maintain on file with Contract Administrator a current written schedule showing the daily hours of operation of each exit lane. Contract Administrator may require an expansion or reduction to the schedule as appropriate to accommodate exiting vehicle volumes and patterns.
N. Daily Inspection of Facilities.
Throughout the term of this Agreement, Contractor shall, on a daily basis, conduct a thorough and detailed inspection of Airport Parking Facilities, to determine if any unclean or potentially hazardous condition to the public exists. The results of each such inspection shall be recorded in writing upon a report form and submitted during the same business day.
O. Intentionally Omitted.
P. Equipment Maintenance.
Contractor shall have responsibility for maintaining and operating all parking equipment and vehicles necessary to meet the project scope requirements. Contractor shall be responsible for all revenue control equipm ent (PARCS) maintenance and repair upon the date of contract commencement. Contractor shall neither have nor allow access to parking lot transaction counting devices associated with exit gates, except in the presence of the City authorized representative.
Additionally, Contractor's personnel shall witness all access to such parking lot transaction counting devices.
Contractor shall notify City when maintenance is needed on any City- owned equipment. Contractor shall provide City with access to such devices, upon request. Contractor shall give the Contract Administrator immediate oral notice of any malfunction or breakdown of any parking lot equipment supplying audit data or affecting parking lot ingress or egress and shall give the Contract Administrator notice of the date and time such malfunction or breakdown is corrected and repaired.
Contractor shall transmit written confirmation on all such information to the Contract Administrator, within twenty-four (24) hours.
Q. Tickets.
Contractor shall provide al l tickets necessary for use in the Parking Lots that are subject to this agreement and shall issue, collect and retain such tickets in accordance with terms of this Agreement. Such tickets shall be sequentially pre -numbered, accurately dated, and accurately time - stamped as to the time each vehicle enters and exits such parking lot. Tickets issued for use shall be
collected at the time of vehicle exiting the public parking lots.
R. Additional Parking Management Services.
On-site Manager: Contractor shall provide an On -site Manager for day -to-day operations and who will also act as the local point of contact. Manager will provide reports as needed, respond to complaints, training needs, will track working hours, and supervise the contract personnel. Any disciplinary action will be the responsibility of On -site Manager and Contractor. The On -site Manager shall meet with the Contract Administrator or designee weekly to discuss any complaints or violations of the Performance Standards that may be reported by the public or observed by the City.
Complaints to the City regarding contract employees: Contractor' s assigned On- site Manager shall investigate and report any complaints regarding their employees received from the public or the City within twenty-four (24) hours of the report. The City shall reserve the right to contact the reporting party and Contractor employee as needed to resolve the complaint to the City' s satisfaction, with the understanding that unprofessional or discourteous treatment of the public will not be tolerated.
City's Rights: City reserves the right to establish, modify, add or delete hours of management. City further reserves the right to approve or deny Contractor' s personnel. The City retains the right to review and direct modification of any Contract employee training program. The City' s rights under this provision may be exercised by the City Manager or the City Manager's designee.
PARKING OPERATIONS EQUIPMENT, SERVICES AND SUPPLIES TO BE PROVIDED BY CONTRACTOR:
Contractor Employee Uniforms:
• All personnel shall wear uniforms while on duty.
• Contractor shall be responsible for providing personnel with proper, complete, and acceptable uniforms.
• Uniform shall include a name badge or tag. Uniforms and identifying badges shall be distinct enough from those used by Peace Officers or other sworn personnel so that the general public will not mistake traffic enforcement personnel (TEO) for Peace Officers. • Contractor shall not issue any. uniform or identifying badge without the prior writt en approval by the City.
• Contract employees will not be allowed to work unless attired in complete approved uniform. • Contractor shall provide uniforms for each contract employee at no expense to the employee, except in cases of negligence or abuse of the uniform by the contract employee.
EXHIBIT” F2”
COMPENSATION
Parking Access and Revenue Control System (PARCS) equipment necessary for the contract term:
• The equipment maintenance will be the responsibility of the Contractor over the term of this agreement, the cost should be included in the management fee. The Airport does not have details for the historical maintenance of the existing equipment. • As new PARCS equipment is purchased, installed, and certified for operations by the City, Contractor shall transition maintenance over to fall under warranty as part of the management fee.
• The cost for all miscellaneous supplies/equipment such as radios, handheld unit for daily vehicle inventories, phone lines, data lines, tickets, receipts, equipment maintenance, and uniforms is the responsibility of the Contractor.
• Cleaning the parking offices and all parking booths is the responsibility of the contractor.
Major grounds and parking lot clean-up is the responsibility of the Airport staff. • The hourly quote for additional shuttle services should be for hours in excess of the base amount. The hourly cost is to include all costs of the shuttle operation. • Credit card fees will be the responsibility of the City and should NOT be included in the management fee.
Existing Parking Access and Revenue Control System (PARCS) equipment:
Equipment Location Make / Model
PSP Airport SkiData Revenue Control Equipment
PSP Airport SkiData Upgrade (Refresh Care)
PSP Airport SkiData Upgrade (P2P)
PSP Airport 4 Person Golf Cart
PSP Airport SkiData Maintenance contract (extended)
PSP Airport Handheld radios
PSP Airport Computers
PSP Airport Transit Shuttle Bus
PSP Airport 4C P2PE EMV Credit Card Unattended Terminal
TOTAL PROPOSED ANNUAL MANAGEMENT FEE
Contractor is responsible for maintaining the existing Skidata system, software licensing, repairs, parts, maintenance and all others costs to operate the fully operational, PCI compliant revenue control (PARCS) equipment through the term of the agreement. Any new equipment purchased and installed shall be the property of the City.
Inclusive of ALL labor, payroll, materials, equipment, operating expenses and facility investment.
To Be Amortized Over Seven (7) Years: Contract Actual
Year 1 (June 1, 2020 – May 31, 2021) $780,888 $581,607.58 Year 2 (June 1, 2021 – May 31, 2022) $808,838 $755,596.71 Year 3 (June 1, 2022 – May 31, 2023) $856,779 $930,847.77 Year 4 (June 1, 2023 – May 31, 2024) $891,047 $1,007,509.34 Year 5 (June 1, 2024 – May 31, 2025) $933,244 $1,191,853.17 Year 6 (June 1, 2025 – May 31, 2026) $1,200,000 $1,078,145.24 Six (6) Years TOTAL $5,470,796 $5,545,559.81
Contract Overage $74,764 Included in above
Year 7 (June 1, 2026 – February 28, 2027) $874,282 $874,282 Seven (7) Years TOTAL $6,419,842 $6,419,841.81
New Amendment No. 4 Total Management Fees $6,419,842 $6,419,842
SCHEDULES:
Staff Plan for the purpose of estimating the costs for the extension. Contractor shall submit to the City 30-days prior, a monthly staff plan for approval. City shall not unreasonably withhold approval of the staff plan. Any deviation from the staff plan shall be reported to the City.