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Home My WebLink AboutResolution - 2016-R0269 - Fourth Amendment To Agreement - Republic Parking System LLC - 08/11/2016Resolution No.2016-R0269 Item No.4.12 August 11.2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,a Fourth Amendment to Agreement 6537 between the City of Lubbock and Republic Parking System.LLC. and related documents.Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 11,2016 . DANIEL M.POPE,MAYOR ATTEST: ^2Jf*^. Rebecca Garza. City Secretary APPROVED AS TO CONTENT: equity (Wpvi^ Kelly Campbell,Executive Director of Aviation AS TO FORM: ssistanl City Attorney RES.Agrmt-Amend Nbr4.Republic Parking System.Inc. 7.26.16 Resolution No. 2016-RO269 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § FOURTH AMENDMENT TO CONTRACT This Fourth Amendment to Contract ("Amendment") is entered into by the CITY OF LUBBOCK (referred to herein as "City"), and REPUBLIC PARKING SYSTEM, LLC (referred to herein as "Parking Operator"). WITNESSETH: WHEREAS, City and Parking Operator executed an Automobile Parking Management Contract for Public Parking Facilities at Lubbock Preston Smith International Airport (the "Agreement") on the 29th day of June, 2004, in which Parking Operator agreed to operate the public parking lot facilities and the parking shuttle system at the Lubbock Preston Smith International Airport (the "Airport"); and WHEREAS, certain equipment (the "Equipment") necessary for Parking Operator's satisfactory performance under the Agreement has become obsolete and in need of replacement; and WHEREAS, Parking Operator desires to replace at its own cost said equipment of the type, quantity, and at the locations set forth herein: and WHEREAS. the City and Parking Operator wish to make certain other changes to the Agreement to ensure the feasibility of the Parking Operator's continued operations at the Airport; and WHEREAS, the City of Lubbock Airport Board has recommended a fourth amendment of the Agreement to include certain terms and conditions concerning acquisition of the Equipment and apportionment of responsibilities; and WHEREAS, City and Parking Operator desire to so amend said Agreement at this time; and NOW THEREFORE. City and Parking Operator hereby amend the Agreement as follows: (I) Article 2, Section A is amended to read as follows: "Term. The term of this contract shall commence upon final execution by the Parties, and shall remain effective until September 30. 2026, or until otherwise terminated in accordance with the provisions hereof." (2) Any management fee due and payable by the City pursuant to Section 5, Paragraph H of the Agreement shall be increased by an amount equal to $6.030.46 per month for the remainder of the contractterm. (3) Article 10, Section R.1 is amended to read as follows: "Parking Operator shall provide and install, without charge, parking control equipment, revenue control equipment. and a taxi vehicle counting and communication system as set forth in Exhibit "F" attached hereto. Any modification of said equipment and system shall be approved in writing bythe Airport. Title to the parking control equipment, revenue control equipment, and the taxi vehicle counting and communication system shall remain with the Parking Operator, who shall be responsible for maintaining them in accordance with manufacturer's specifications, and keeping them in good working order. In the event of theft or destruction. Parking Operator shall replace such equipment or system with due diligence. All equipmentand system shall be serviced and maintained by a factory -authorized and qualified service company. The standards for service shall be subject to review and approval by the Director." (4) Article 11, Section C is amended to read as follows: "Title. All capital improvements (excluding shuttle vehicles, parking control equipment, revenue control equipment, and taxi vehicle counting and communication systems) and alterations or repairs made to the facilities by Parking Operator shall become and remain the property of the City." (5) Article 11, Section F.7 is deleted in its entirety. (6) Exhibit "F" to the Agreement is replaced with a new Exhibit 7" attached hereto as Exhibit "A". Fourth Amendment to Republic Parking System Management Contract Page 2 The parties hereto agree that all other terms, conditions, and provisions of the Agreement shall remain unchanged and in full force and effect, and that to the extent of any conflict between the underlying Agreement and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto execute this Amendment on the day and year of the last party signature as set forth below. CITY OF LUBBOCK. TEXAS By:. 4 — DANIEL M. POPE, MAYOR ATTEST: Rebedea Garza City Secri,Rary APPROVED AS TOCONTENT: Kelly Carflpbell, Exe utive Director orAviation ECTUDITOU'lal TO F •' VA - ,,t . /��i, REPUBLI ARKIIN�GSYYS�TEEMM, LLC. By: ROBERT V. LINEHART, JR. Title: Executive Vice President Fourth Amendment to Republic Parking System Management Contract Page 3 Exhibit "A" to the Fourth Amendnentto Republic Parking System Management Contract Exhibit "F" Lubbock -Main Airport Lot New Devices Parking Lot Location Quantity Entry Station Short Term 3 LotFullSign Short Term 3 AVI Readers w/stancions ShortTenn 3 Intercom at entry ShortTerm 3 Entry Station Long Term 3 Lot FullSign Long Term 3 AVI Readers w/stancions Long Tenn 3 Intercom at entry Long Term 3 Entry Station Garage 2 LotFullSign Garage 2 AVI Readers w/stancions Garage 2 Intercomatentry Garage 2 ExitSgns Exit Plaza 5 Exit Station-TICO Exit Plaza 2 Non-resettable Counter Exit Plaza Fee Computerw/val, monitor& fee display Exit Plaza 3 VI Readers w/stancions Exit Plaza 3 VI Tags All 200 Fiber Optic Converter Exit Plaza 5 Management Station & Serverw/Ccard Exit Plaza DataCap Twin Tran Exit Plaza LPI Handhebs and Software Exit Plaza 2 Intercom Exit Plaza Intercom Master Exit Plaza _ Lane Controllers All 8 Line Voltage Surge Protectors All 21 Relays; 2 ea entry, 3 ea exit AU 39 Magnetic Head Spare 2 Print Head Spare 2 Lubbock -Off Airport New Devices Parking Lot Location Quantity Entry Station 2 Entry Gate 2 Shuttle Gate 1 Loops (half the total number) 11 Exit Station —TICO Exit Plaza 1 Gate Exit Plaza 2 Non-resettable Counter Exit Plaza 2 Fee Computer w/val, monitor & fee display Exit Plaza 1 Fiber Optic Converter Exit Plaza 3 Management Station & Server w/Ccard Exit Plaza 1 DataCap Twin Tran Exit Plaza I LPI Handhelds and Software Exit Plaza I Line Voltage Surge Protectors All 5 Relays; 2 ea entry, 3 ea exit All 12 Magnetic Head Spare I Spare Booms Spare 3 Print Head Spare I Lubbock - Taxi Starter New Devices Taxi Operation Quantity Pay -in -Lane (PIL) Machne Holding area 1 Shelter for PIL Holding area I Sign to display "Next UP" Holding area 1 Remote handheld Terminal Front 1 Notebook Computer Terminal Front 1 WiFi Bridge Between all 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-94483 Republic Parking System, Inc. Chattanooga, TN United States Date Filed: 08/03/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 5616 Amendment 4 4 Name of Interested Party City.. State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT �� fir•,,... �j i I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. z`y'• �'�� lC; •• �,, O�1 `�� Signature of authorized figent of contracting business entity AFFIX NOTARY S'�RfyAM"� ABOVE ►i/N� `' I 1 Sworn to and subscribed before me, by the said �b�%r U LV 1&V r 1— , this the `.� day of- , 20 ALP , to certify which, witness my hand and seal of office. ��t� L nn�i��m�� Signature of office adml 'stering oath Printed name of officer administering oath Title of officer admmi ring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-94483 Date Filed: 08/03/2016 Date Acknowledged: 08/10/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Republic Parking System, Inc. Chattanooga, TN United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 5616 Amendment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277