HomeMy WebLinkAbout36-80 RESOLUTION•
RESOLUTION NO. 3 -80
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH AIR TERMINAL PARKING COMPANY
FOR THE OPERATION OF PUBLIC PARKING FACILITIES AT DRAKE
FIELD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute an Agreement with Air Terminal Parking
Company for the operation of parking facilities at Drake
Field. A copy of the Agreement authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a
part hereof. �(� aril n
PASSED AND APPROVED this Jos `day of a it , 1980.
ATTEST:
OL `Of GAx A,- MEDLOCK `Y CLE R
Icz
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APPROVED:
MJCROEJLNO'
DATE JUN 6 1gNl
REEL
PARKING AGREEMENT
THIS AGREEMENT entered into this (day of
1980, by and between the CITY OF FAYETTEVILLE, hereinafter
called City and AIR TERMINAL PARKING COMPANY, with its
principal office located at Chattanooga, Tennessee, hereinafter
called Operator, subject to the following terms and conditions:
1. Operator agrees to operate and City agrees to
permit Operator to have exclusive right to operate, all
public parking facilities in and about the terminal area at
Drake Field, Fayetteville, Arkansas indicated on Exhibit "A"
attached hereto and made a part hereof. In the event City,
prior to termination of the Agreement through expiration of
its term, or any renewal thereof, shall vacate, move, re-
establish, materially alter the entrance to the terminal
building and airport grounds, or should the airport terminal
building or airport runways be relocated to an area other
than immediately adjacent to the now existing terminal
building or a new airport built at any time during the term
of this agreement, all or any of the foregoing resulting in
the necessity of a new parking lot area, then in such event,
City shall provide Operator a comparable parking facility at
the new location at no cost to Operator. City hereby gives
and grants to Operator the exclusive right of possession and
control of the premises as described on Exhibit "A" hereto
attached. City also grants Operator the following rights
and privileges;
(A) The option of establishing an automobile valet or
pickup and delivery service for the accommodation of the
public using the parking lots. The service to consist of
receiving automobiles in front of the terminal building,
parking them in the pay parking lots and delivering the
automobiles from the parking lot to the public at an area
designated by the Airport Manager.
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(B) The right to provide a tow -away service for any
violation of parking regulations at the airport. In the
operation of such right, Operator shall be permitted to charge
tow -away fees as approved by the
charges at
vehicle is
shall have
the rates
stored in
the right
Airport Manager, plus parking
established herein for the period such
the parking lot of Operator. The Operator
to hire a tow -away service.
2. Operator agrees to pay City the following minimum
annual guaranteed fees or the percentage fees whichever is
the greater amount computed for each year of the original
term of the Parking Agreement and any term of extension or
renewal thereof. The minimum annual guaranteed fees shall be:
1st Year
2nd Year
3rd Year
4th Year
5th Year
$42,500.00
48,500.00
55,000.00
60,000.00
65,000.00
Or the following percentages of the parking lot receipts,
excluding tow, service and meter fees, whichever is
greater.
50% of the gross annual receipts
per year up to $100,000.00, plus
65% of the gross annual receipts
per year up to $150,000.00, plus
75% of the gross annual receipts
per year up to $200,000.00, plus
in excess
in excess
in excess
87.5% of the gross annual receipts in
per year.
of $0
of $100,000.00
of $150,000.00
excess of $200,000.00
The Operator agrees to pay the minimum annual fee
in
equal monthly installments in advance of the first day of
and every month, except that in the event
is other than the first day of the month,
for the first and last months of the term
renewal thereof shall be prorated.
each
the commencement date
such monthly installments
or any extension or
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Any additional fees due as a result of the application
of the percentage amounts hereinabove stated shall be computed
monthly and paid within fifteen (15) days following the last
day of the preceding month.
Within thirty (30) days from the end of each year of
operation, Operator shall submit to the City an audit of its
operation sworn to before a notary public. In the event the
payments made during the year by Operator exceed the amount
of rental due City the Operator shall be allowed to credit
such excess against the succeeding months rental. Operator
shall be entitled to collect and receive any and all parking
revenue including, without limitation, restaurant validations,
parking meters, and employee parking fees, if any.
3. Operator shall maintain at all times an up-to-date
record of the true and complete accounts of the sales and
business transacted. Within fifteen (15) days from the last
day of the preceeding month, Operator's chief financial officer
shall submit to the City a certified statement reflecting
Operator's gross receipts for said preceeding month. Operator's
records shall be open for inspection by City or any authorized
representative of City at all reasonable hours. The term
"records" shall include, but shall not be limited to case
register tapes, sales tickets, and tax returns or reports.
Operator shall immediately furnish the City a copy of any
sales tax reports filed by Operator with the State of Arkansas.
4. The term of the Agreement shall be for a period of
five (5)_ years, commencing thirty (30) days after the date
the facility is opened for business by Operator. City has
the option to renew this Agreement for an additional five
(5). years upon terms to be negotiated by the parties.
5. Operator has the right to suspend payment of fees
during any period in excess of one (.1) week that the airport
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is not operated for use by a commercial passenger carrying
airline. In the event of a partial suspension of activities
by commercial airliners, causing a reduction in the number
of enplaned passengers, then the monthly guaranteed fees
shall be abated proportionately on a mutually agreed and
negotiated basis.
6. Operator shall, at its own expense and at all times
during the term of the agreement and any extension or renewal
thereof, obtain and secure for its protection public liability
insurance in the amount of $100,000/$300,000 and property
damage insurance in the amount of $25,000. Operator agrees
to keep, save and hold harmless City from any and all claims
for injury or damages arising out of or in connection with
its operation of the parking facilities. Evidence of insurance
and notices of cancellation shall be furnished to City. A
performance bond in the amount of $100,000 effective during
the term of this Agreement, shall be furnished by Operator.
7. Operator agrees to install the necessary control
equipment to create a commercial parking facility. Said
equipment shall remain the property of Operator.
8. Operator shall, at its expense, provide the electrical
power necessary for the operation of the parking equipment
installed by it. The City will furnish the power for the
parking lot lights.
9. City shall designate by proper signs the following
parking areas outside the premises: Airport Limousine,
Rental Car and Taxi spaces. City shall regulate public
parking to the effect that all parking except passenger
loading and unloading shall be required to be in the parking
area covered by this Agreement. The City shall retain control
of the parking lot adjacent to the old Terminal Building and may
permit employees in the old Terminal Building, the FAA Building,
and the hanger areas to park in said lot.
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10. The initial parking rates charged shall be in
accordance with the following schedule:
0 - 2 Hours
Each Additional Hour
Maximun each 24 Hours
$ .50
.25
2.00
Parking rates shall not be increased by Operator without
prior approval of the Fayetteville Board of Directors.
11. A minimun of five (5) spaces shall be reserved for
the exclusive use of City officials and City Employees. There
shall be no charge to the City or its employees for the use of
these spaces and they shall be accessible twenty-four (24)
hours per day.
12. Operator agrees to abide by and observe all Federal,
State and local laws and airport rules and regulations that
are now in effect or that may hereafter be adopted pertaining
to the operation of aircraft on or about the airport. Operator
hereby agrees that all merchandise sold and services furnished
on the airport premises by Operator will be sold or furnished
on a fair, equal and not unjustly discriminatory basis to all
users thereof; that all prices charged for each unit or service
will be fair, reasonable and not unjustly discriminatory
(provided that Operator may make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions
to volume purchasers)_; and Operator will not on the grounds of
race, color, creed, religion or national origin discriminate
against any person or group of persons in any manner prohibited
by Title VI of the Civil Rights Act of 1964 or Part 15 of the
Federal Aviation Regulations, or any amendments orsupplementary
legislation thereto and all rules and regulations adopted
thereunder. It is understood and agreed that the City shall
have the right to take such action as the Federal Government
may direct to enforce this covenant. Service shall be prompt,
courteous and efficient and shall be adequate to meet the demands
for said service on the Airport.
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13. City covenants and agrees that during the term of
this Agreement and any extension of renewal thereof, Operator
shall have the peaceful right to use the premises for parking
purposes and in accordance with all of the rights and privileges
as herein stated. City agrees that there shall be no free
parking in and about the terminal area, and the City Agrees to
assist and cooperate in every way possible with Operator to
prevent any free parking in and about the terminal area including,
without limitation, the erection of fencing or barricades for
such preventive purposes. City agrees to vigorously enforce
the loading, unloading and no parking areas to the extent of
issuing tickets for illegal
excessive violation.
14. Approximately thirty-five (35) spaces shall be
reserved for the exclusive use of Terminal Building employees.
The parking rate for said spaces shall be $10.00 per month per
space.
15. In the event a restaurant validation program is
instituted, City and Operator agree that the restaurant
concessionaire shall validate parking tickets for its customers
parking
and towing
of
vehicles
for
who have acutally spent a
Restaurant concessionaire
validated an amount to be
minimum amount in the restaurant.
will pay Operator for each ticket
mutually agreed upon, but not to
exceed the rates set forth in paragraph 10 hereof.
16. Operator shall have the first option to enter into
a new agreement for a like period of time upon such terms,
rental and conditions as may be mutually agreed upon by the
parties hereto.
17. All the terms, covenants and agreements herein
contained shall be binding upon and shall inure to the benefit
of the heirs, successors and assigns of the respective parties
hereto.
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18. In the event Operator shall hold over and remain in
possession of the premises herein leased after the expiration
of this Agreement or any extension provided herein, without
any written renewal thereof, such holding over shall not be
deemed to operate as a renewal or extension of this Agreement
but shall create only a tenancy from month to month which
may be terminated at any time by City.
19. In the event of the default or unsatisfactory
performance by Operator under the terms of this Agreement,
City shall give notice to Operator of the alleged failure of
performance, detailing the particulars thereof. Operator
shall have sixty (60) days to correct the said default and in
the event it fails to do so, City shall have the right to
terminate this Agreement, provided, however, that City agrees
not to use this remedy in an arbitrary and capricious manner.
20. If the City shall default in fulfilling any of the
terms, covenants or conditions to be fulfilled by City hereunder
and shall fail to remedy said default within sixty (60) days
after receipt by City of written demand from Operator to do so,
Operator shall have the option either to cancel this lease or
remedy the default and deduct the expense incurred in remedying
such default from the rent.
21. Notices to Lessor shall be sufficient if sent by
registered mail, postage prepaid, addressed to City Manager,
P.O. Drawer F, Fayetteville, Arkansas, 72701 and notices to
Lessee shall be sufficient if sent by registered mail, postage
prepaid, addressed to James C. Berry, Suite 1610 Commerce
Union Tower, Chattanooga, Tennessee, 37450, or to such other
addresses as the parties may designate to each other in writing
from time to time.
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22. The Contractor shall make capital expenditures
approximating $30,000.00 to purchase and install all necessary
control equipment, said equipment to include, but not be
limited to, a control booth, automatic gates, ticket dispensers,
signs, and revenue equipment, for the effective control of
the parking facilities.
23. The Operator shall, at Operator's expense, expand
the commercial parking areas as the need for expansion
arises; provided, the terms and conditions of expansion
shall be mutually agreed upon by the City and the Operator
prior to any expansion.
24. The Operator shall erect a sufficient number of
uniform traffic and parking regulatory signs throughout the
area to assist the Public and insure a smooth traffic flow.
The design and installation of such signs shall be approved
by the City prior to installation thereof.
25. Operator's employees at the facility shall be
uniformly dressed, shall be courteous and polite to the
public at all times, and shall be subject to dismissal upon
complaint of the Fayetteville City Manager. Operator's
Resident Manager shall have full responsibility for day to
day operation. Operator's Director of Operations shall
keep close contact with the Resident Manager through regular
inspections to review and check operations. Operator's
Regional Vice President shall maintain close communication
with the City's Airport Manager to insure that satisfactory
parking objectives are being met on a continuing basis.
26. Operator shall procure and shall maintain in full
force and effect during the term of this Lease public liability
insurance providing minimum coverage of $100,000.00/ $300,000.00
for bodily injury and $25,000.00 for property damage.
Operator shall save and hold the City harmless from any and
all claims for personal injury, death or property damage
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arising from Operator's use of the leased premises. Operator
shall procure and maintain in full force and effect during
the term of this Lease fire and extended coverage insurance
covering improvements on the leased premises.
27. Operator shall pay all utility costs incurred in
connection with the operation of all parking equipment;
provided, the City shall, at City's expense, furnish electricity
for the existing parking lot lights.
28. Operator shall, at Operator's expense, maintain
all signs and equipment in good repair during the term of
this Lease. Operator shall keep the parking area clean of
all rubbish and debris. Operator shall remove snow from the
leased premises as soon as possible after any accumulation
thereof.
29. Operator shall provide the highest standard of
service in the day-to-day operation of the public parking
lots at Fayetteville Municipal Airport.
30. Operator's Resident Manager shall have full responsibility
for day-to-day operation. His duties shall consist of, but
shall not be limited to, the following:
1. Plan, coordinate, schedule, and be responsible
for the work of all supervisors and employees of Operator
at the Airport.
2. Abide by and insure adherence to established
policies, rules, procedures and regulations of the
Airport, as well as the provisions of the Management
Agreement between the City and Operator.
3. Be responsible for all administrative requirements
of the Operator at the Airport.
4. Maintain close liaison with the Fayetteville
Police Department in handling problems of mutual concern
such as prohibited vehicles, traffic suggestion, and
security.
5. Initiate and direct the orientation of new
employees and make efforts to improve the efficiency of
employees already on duty.
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6. Maintain proper liaison with the Airport
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manager or his duly designated representative on a day-
to-day basis.
7. Be responsible for achieving good public
relations by all employees of Operator at the Airport
by instructing Operators employees to render the
utmost courtesy in dealings with the public.
8. Assist in setting and enforcing standards for
Operator's employees personal appearance, demeanor, and
attitude.
9. Prepare reports to Operator's Accounting
Department and conduct spot checks for accuracy of all
clerical records.
10. Be responsible for the selection and dismissal
of parking personnel of Operator at the Airport.
11. Check booths, parking equipment and area for
conditions and serviceability.
12. Be responsible for insuring that Operator
complies with all Federal regulations pertaining to
nondiscrimination in the hiring of employees.
31. Each cashier employed by Operator shall be
responsible for collecting the proper amount of money for
each ticket processed in accordance with the following
procedure: Cashier shall take the parking ticket from the
customer, compute the parking time and fee, collect the
proper fee and deposit it in the cash drawer and close the
drawer to activate raising of the gate. At the end of
each shift, the cashier shall prepare the shift report.
The shift report shall include the number of tickets processed and
a breakdown of the number of tickets by price. Each cashier
shall seal the shift report and the proper amount of money
in an envelope and deposit said envelope in Operator's safe.
Operator's Resident Manager shall verify each shift report
and shall forward copies of the shift reports,the master
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report, and all deposit slips daily to Operator's accounting
department for daily home office. audit. Operator's company
auditor shall make periodic unannounced visits and spot checks
to insure that all accounting and control procedures
are being adhered to.
32. Each attendant employed by Operator shall be
responsible for the cleanliness of the booth during his
shift. Each attendant shall clean the windows, sweep
the floor, and clean the counters during periods when he
is not actively cashiering tickets. Any attendant starting
his shift and finding the booth in an untidy or unclean
condition shall report such condition to his supervisor.
The area immediately surrounding each cashier booth shall
be policed by the attendant on duty and the area kept clean
of trash and debris at all times.
33. All of Operator's personnel shall be familiar
and trained in the mechanics of the parking equipment. In
the event of minor malfunctions of the parking equipment,
each attendant shall have the ability to make minor
adjustments to the equipment so that customer services will
not be disrupted. In the event of a machine malfunction
not being remedied by a minor adjustment, the attendant
shall promptly report the malfunction to the Resident Manger.
34. Cashiers receiving complaints from customers shall
promptly notify the Resident Manger. The Resident Manager
shall handle the complaint and shall make a report advising
the City's Airport Manager of the nature and disposition of
the Complaint within 48 hours after receipt of the complaint.
35. In the event of injury to a customer or to an
employee of Operator, the Resident Manager shall be notified
promptly and shall be responsible for obtaining any necessary
medical attention. If the Resident Manager is unavailable,
the cashier or other employee to whom the injury is reported
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shall be responsible for obtaining any necessary medical
attention. The Resident Manager shall provide the City's
Airport Manager a general injury report within 48 hours
after an injury.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement on the date first above written.
ATTEST:
CITY OF FAYETTEVILLE
By:
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AIR RMINA;. PARKING COMPANY
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PARK
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W A L K W AY DETAIL
ADAP PROJECT Na.6-05-0020-
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NO REV'.SIC'NS BY APP DATE
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
DRAKE FIELD
FAYETTEVILLE M.,NICIPAL AIRPORT
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McOLELLAND CONSULTING ENGINEERS, INC.
:RAWN Bt;
CHECKED at
SCALE'
DATE
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SHEET: