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HomeMy WebLinkAboutResolution - 2015-R0161 - Amendment To Contract - Republic Parking System Inc - LPSIA Parking - 05/28/2015Resolution No. 2015-R0161 Item No. 6.20 May 28, 2015 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 Second Amendment to Contract in connection with Contract No. 6537 for public parking facilities and shuttle services at Lubbock Preston Smith International Airport, by and between the City of Lubbock and REPUBLIC PARKING SYSTEM, INC., and related documents. Said Amendment to Contract 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 June 2, 2015 GLW(fe.�R91ABERTSON, MAYOR ATTEST: Rebecca Garza, APPROVED AS TO CONTENT: Director of Aviation APPROVED AS -TO FORM: First Assistant City Attorney RES.Contract Amend No2.REPUBLIC PARKING SYSTEM,INC 5.5.15 Resolution No. 2015-RO161 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § SECOND AMENDMENT TO CONTRACT This Second Amendment to Contract ("Amendment') is entered into by the CITY OF LUBBOCK (referred to herein as "City"), and REPUBLIC PARKING SYSTEM, INC. (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 "Contract") on the 29`h day of June, 2004, in which Parking Operator agreed to operate the public parking lot facilities and the parking shuttle system at the Airport; and WHEREAS, the Lubbock Preston Smith International Airport has purchased the Airport Shelter Park facility located at 4401 North Martin Luther King Jr Boulevard; and WHEREAS, Parking Operator and City have agreed by prior contract amendment for Parking Operator to provide parking and shuttle management services to the Airport Shelter Park facility; and WHEREAS, the City of Lubbock Airport Board has recommended a second amendment of the Contract to include certain terms and conditions concerning operation and maintenance of the Airport Shelter Park facility under said Contract; and WHEREAS, City and Parking Operator desire to so amend said Contract at this time; NOW THEREFORE, City and Parking Operator agree to amend the Contract as follows: (1) Article 3, Section E is amended to include a new Subsection 13 to read as follows: "13. The cost of fuel purchased by Parking Operator for resale at the offsite parking facility." (2) Article 12, Section A(1) is amended to read as follows: "City shall maintain the off-site parking facility office building, fencing, parking covers, and other structures, the parking lot grass, and landscape areas at the facilities." (3) Article 12, Section A is amended to include a new Subsection 9 to read as follows: "9. City shall, at its discretion, periodically inspect, monitor, and maintain all fuel pumping equipment, underground fuel storage tanks, and the Veeder Root underground storage tank monitoring system." (4) Article 12, Section B is amended to include a new Subsection 10 to read as follows: "Parking Operator shall be responsible for the proper fueling of vehicles, direct sale of fuel to customers, monitoring the inventory of fuel and ordering additional fuel supply as needed. Parking Operator shall pay for fuel deliveries, and notify Director of quantity purchased and amount paid pursuant to the terms hereof." (5) Article 23 is amended to include a new Section Q.1 to read as follows: "Q.1. Notwithstanding terms set forth in the foregoing Section Q, nothing herein shall impute liability to Parking Operator for damages or claims resulting from a failure or leak of underground fuel tanks located at the offsite parking facility, provided that said failure or leak was not caused, directly or indirectly, by any act or omission of Parking Operator, its employees, agents, or representatives. The parties hereto agree that all other terms, conditions, and provisions of the Contract shall remain unchanged and in full force and effect, and that to the extent of any conflict between the underlying Contract and this Amendment, the terms of this Amendment shall control. Second Amendment to Republic Parking System Management Contract Page 2 IN WITNESS WHEREOF, the parties hereto execute this Amendment on the day and year of the last parry signature as set forth below. CITY OF LUBBOCK, TEXAS By: GLEN C.-RWaERTSM, MAYOR ST: ebecca Garza, C y b ary APPROVED AS TO. CONTENT: CTelly CanYpbell, Exe6utive Director of Aviation welkyj 11 Kqj KI,' REP P/A'RKING SYSTEM, INC. By: !��' < ROBERT V. LINE T, JR. Title: Executive Vice President Second Amendment to Republic Parking System Management Contract Page 3 REPUBLIC PARKING SYSTEM EXECUTIVE OFFICES • SUITE 2000 REPUBLIC CENTRE • CHATTANOOGA • TENNESSEE • 37450 • 423.756.2771 • (FAX) 423.265.5728 February 26, 2015 Ms. Kelly Campbell Executive Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79403-9710 Dear Kelly, Per our conversation yesterday, we believe there should be some additional language in the amendment for RPS to provide parking operations to the Shelter Park operations. Article 12 of the Agreement, "Maintenance of Facilities" describes the City's obligations and Republic's obligations. Since the fueling maintenance operations aren't covered anywhere in the existing agreement, we believe they should be added as an amendment to this Article under the City's obligations. Specifically, maintenance of the fuel pumping facilities and equipment, maintenance and monitoring of the underground fuel storage tank, maintenance of the Veeder Root underground storage tank monitoring system, and maintenance of the office building and structures should be included as additional paragraphs under the City's obligations. I believe we all agree we have been acting under the assumption the Airport would handle these responsibilities since the City owns, operates, and has expertise in fuel facility systems and monitoring the tanks and Republic does not. We should also add language under Republic's obligations that we will be responsible for ordering the fuel from local suppliers, paying for it, and seeking reimbursement from the City per the terms of the Agreement as detailed in Article 5, paragraph G. The other piece we discussed was adding language that would limit or indemnify Republic for responsibility in the event of a fuel leak. I think this covers the items we discussed, if you can think of any others please include them. Could you have your attorney draft an amendment that covers these items? That would probably expedite the situation. Let me know if you have any other questions or suggestions Ms. Kelly Campbell February 26, 2015 Page 2 Thanks, Bob Linehart Chief Operating Officer Airport Division C: John Leavens Bill Mayo REPUBLIC PARKING SYSTEM EXECUTIVE OFFICES • SUITE 2000 REPUBLIC CENTRE • CHATTANOOGA • TENNESSEE • 37450 • 423.756.2771 • (FAX) 423.265.5728 May 7, 2015 Ms. Karen Williams Deputy Director, Finance and Administration Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79403-9710 Dear Karen, Enclosed you will find three copies of the revised amendment 2 covering the additional responsibilities for the off airport parking facility. If you have any questions, please don't hesitate to contact me. Sincerely, Bob Linehart Chief Operating Officer Airport Division