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Home My WebLink AboutResolution - 6487 - Amendment To Contract - APCOA/Standard Parking Inc.- LPSIA Parking Facilities - 08/26/1999Resolution No. 6487 Aug. 26, 1999 Item No. 52 -1-4 *193 1 Ili BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment to Automobile Parking Concession Contract, for parking facilities at Lubbock International Airport, by and between the City of Lubbock and APCOA/Standard Parking, Inc., and related documents. Said Amendment to Automobile Parking Concession 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 this 26th day of August , 1999. " R WINDY ATTEST: I ("V11 I'l ,bh ayt ' e arnell City retary APPROVE TO CONTENT: Mar le Adport Manager APPROVED AS TO FORM: Z'6a' '/',& 14--*� William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/apcoaparkingamendment.res August 17, 1999 aa Lo:da rAd 1 OUQ /af 4Vi11 'bL.LL ur AwvDvbu �vv, Resolution No. 6487 Aug. 26, 1994 Item No. 52 AMENDMENT TO AUTOMOBILE PARKING CONCESSION CONTRACT BETWEEN THE CITY OF LUBBOCK. TEXAS AND APCOA, Inca FOR PARKING FACILITIES AT LUBBOCK INTERNATIONAL AIRPORT This amendment to the April 10, 1997, Automobile Parking Concession Contract between the City of Lubbock, Texas, and APCOA, Inc., now known as APCOA/Standard Parking, Inc., for Parking Facilities at Lubbock International Airport, is made and entered between the parties this 26th day of August , 1999. WHEREAS, the City of Lubbock (hereinafter 'City'') owns and operates Lubbock International Airport (hereinafter "Airport): and WHEREAS, City entered. Into a Contract with APCOA, Inc. (hereinafter "Concessionaire") dated April 10, 1997, (hereinafter the `Concession :Contract°) to operate the Public parking lot facilities and the LEAP shuttle system at the Airport, and WHEREAS, both parties desire to amend this Concession Contract; and WHEREAS, the City Council of the City of Lubbock has determined that it .is In the best Interest of the:Cfty of Lubbock to amend the Concession Contract; NOW THEREFORE, for and In consideration of the mutual :covenants herein, the parties do agree to amend the Concession Contract as follows: 1.. Article 5, `Fees. and Payments" Is amended to add the following paragraph F: - "F. Concessionaire agrees to pay a one time payment in the amount of $100,000.00 .on the termination date of this contract, April T0, 2002. Amounts paid in excess of the minimum annual guarantees for the years 3, 4. and 5 will be credited toward said payment up to $100,000.' 2. The `Minimum Annual Guarantees" in Exhibit HA. referred to in Article 5, "Fees and Payments," paragraph B, 'Commissions" Is amended to read as follows:. �' UO/1�t/3f 3! lO: LO iBA 1 ovo tot LVal V111 Vi 1.VDOVVA t � "Minimum Annual Guarantees: Year 1: $1.200.000.00 Year 2: $1,350,000.00 Year 3: $1,200,000.00 Year4: $1,200,000.00_ Year 5: $1,210,000.00" -Ed VVV 3. Article 10, . "Standards of Service", paragraph K, "LEAP Shuttle Service" is amended -to add the'following minimum standards for shuttle vehicles operated by Concessionaire: "No vehicle in the shuttle fleet shall be operated at the Airport by Concessionaire that does not comply with all of the following minimum standards: (a) Each vehicle shall conform ' to all state minimum safety standards. (b) Each vehicle shall be reasonably free of dust, dirt or rubbish, and be otherwise dean and sanitary. .(c) No part of the body of such vehicle shall be missing or bent or dented out of shape. (d) The exterior; and interior paint shall not be rusted, flaked or scraped. (e) The coverings of floors, seats and back and arm rests shall be repaired of all rips, tears. and places where the covering material has worn through." 4. Article 10,. "Standards of ,Service", paragraph L. "Revenue Control Equipment" is deleted .and replaced with the following paragraph: ;- Mj= a •� - 1 A 9 M M • i -j 1. Concessionaire shall design, purchase, and install, at ConcesslonalrVs own expense, new parking control equipment and revenue control equipment having a value of between $500,000 and $600,000, to specifications approved by the Director of Aviation. It is understood,' by both parties that Concessionaire may negotiate a discounted purchase price for the equipment. Said parking and revenue control equipment. shall be Y2K compliant, and the design and any modifications thereof shall be approved In writing by the Director of Aviation prior to purchase. 2. Title to the parking control and revenue control equipment shall be in the name of the City, and the equipment will remain with the City upon termination of this contract. Notwithstanding Immediate vesting. of title in the City, Concessionaire shall amortize �a JO/lb/bb to. L.7 t'IS.6 1 OVV out LVdi Vaat yr yuuuvvu Concessionaire's actual purchase and installation costs of such equipment over the balance of the Initial Contract term and, if the contract shall be (a) terminated early by Concessionaire for any reason specified In Article 19(A), or (b) terminated early by City for any reason other than those specified In Article 19(B), then the City shall reimburse Concessionaire's unamortized costs as of the date of such termination. 3. During the term of this contract and any extensions thereof, the equipment will be In the full custody, care, and control of Concessionaire, who shall be responsible for maintaining equipment in accordance with manufacture's specifications and prudently safeguarding and caring for the equipment in the same manner as if it were Concessionaire's personal property. In the event of theft or destruction, Conesssionaire shall replace such equipment with due diligence and at its own expense. All equipment shall be serviced and maintained by a factory authorized and qualified service comp -any, and the standards for service shall be subject to review and approval by the Director of Aviation. At the end of year S. if the parties ate unable to negotiate a contract extension, Concessionaire shall pay to City a twenty-five thousand - dollar ($25,000.00) fee for future maintenance of the equipment. 4. Within thirty days after purchase of the parking and revenue control equipment. described above, a new Exhibit OF inventory listing shall be prepared by Concessionaire and approved by City for inclusion in this contract. Annually thereafter, an inventoryof the revenue control egwpment shall be . performed jointly by Concessionaire and City; and an updated Exhibit "F" shall be prepared and attached hereto.' 5. Article 44, read as follows: A. Except as described in "Revenue Control Equipment,` Article 10, paragraph L. title to. its property of every kind and 'nature whatsoever which Concessionaire may have placed or installed upon the Facilities, .any and all fixtures, tools, devices, appliances, furniture, pictures furnishings, - equipment, and supplies of every kind and nature, heretofore or hereafter placed or installed by Concessionaire on the ;Facilities shall, as between City and Concessionaire, be and remain the property of Concessionaire, notwithstanding the same are or may be attached or affixed to the floors, ceilings, or any other parts of any buildings or structures on the Facilities. Concessioriaire shall have said right to remove same "Disposition of Property," paragraph A is amended to 3 VV/10/00 LV.&V Lifii L VVV ,VI *VV& VLLL, VL L.V�/aiv Vu Yj VVV provided that, upon any such removal, Concessionaire shall repair, at its own expense. any damage resulting therefrom and leave the Facilities In a dean and neat condition, with all improvements in place." IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be.executed this 26th day of August , 1999. CONCESSIONAIRE: CITY OF LUBBOCK *APC A, lnc. Y A&II(?Willi. B Windy fon, Mayor Title Senior vice President: sj�gJ9q A ES : _ Kaye i Darnell, City Secretary APPROVE TO CONTENT: Ma , Director of Aviation APPROVED AS TO FORM. William de Haas Competition &Contracts Manager *APCWStan&rd Parking! Inc. f/k/a i 4