HomeMy WebLinkAbout64-90 RESOLUTION.••
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RESOLUTION NO.
64-90
A RESOLUTION APPROVING A FIVE YEAR CONCESSION
AGREEMENT WITH REPUBLIC PARKING SYSTEM FOR
OPERATION OF THE PASSENGER PARKING LOT AT THE
COMMERCIAL TERMINAL BUILDING.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the Mayor and City Clerk are hereby
authorized and directed to execute an agreement with Republic
Parking System for a period of five years to operate the passenger
parking lot at the commercial terminal building. A copy of the
contract authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 17th day of April , .990.
ATTEST:
By
APPROVED:
By:
}favor
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PARKING AGREEMENT
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This AGREEMENT entered the 17th day of April 1990,
by and between the City of Fayetteville, hereinafter called City
and Republic Parking System, 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 the 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
during the term
resulting in the
such event, City
facility at the
hereby gives and
building or a new airport built at any time
of this Agreement, all or any of the foregoing
necessity of a new parking lot area, then in
shall provide Operator a comparable parking
new location at no cost to Operator. City
grants to Operator the exclusive right of
possession and control of the premises as described on Exhibit
"A"
rights and privileges;
hereto attached. City also grants Operator the following
(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 is to consist of receiving
automobiles in front of the terminal building, parking them in
the pay parking lots and
parking lot to the public
Manager. The establishment
City in writing.
delivering the automobiles from the
at an area designated by the Airport
of such service shall be approved by
EXHIBIT A
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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 Airport Manager, plus parking
charges at the rates established herein for the period such
vehicle is stored in the parking lot of Operator. The Operator
shall have the right to hire a tow -away service. All towing
shall be approved in advance by Airport Manager.
(2) Operator agrees to pay City the following percentages
of the parking lot receipts, excluding tow, service and meter
fees:
50% of the gross annual receipts in excess
of $0 per year up to $100,000.00, plus
65% of the gross annual receipts in excess
of $100,000 per year up to $150,000.00,
plus
75% of the gross annual receipts in excess
of $150,000.00 per year up to $200,000.00,
plus
87.5% of the gross annual receipts in excess
of $200,000.00 per year up to $300,000.00,
plus
90% of the gross annual receipts in excess
of $300,000.00 per year.
Operator agrees to provide only those services directly
related to the storage of automobiles. Any other service
provided by Operator shall be approved by the Airport Manager
prior to the commencement of such service.
The Operator agrees to pay the above prescribed percentages
monthly 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. In the event the payments made during the year by
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Operator exceed the amount of rental due City the Operator shall
be allowed to credit such excess against the succeeding month's
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 preceding month, Operator's Chief Financial Officer shall
submit to the City a certified statement reflecting Operator's
gross receipt for said preceding month. operator's records
shall be open for inspection by City
representative of City at all reasonable
"record"
register
Operator
of any
Arkansas.
statement
prepared
Operator's
or any authorized
hours. The term
shall include, but shall not be limited to cash
tapes, sales tickets, and tax returns or reports.
shall upon request immediately furnish the City a copy
sales tax reports filed by Operator with the State of
Operator agrees to provide the City an annual audited
of revenues received, which statement shall be
by an independent certified public accountant at
expense. All cash register tapes, reports and used
tickets shall be retained by Operator for a period of sixty (60)
days.
(4) The term of this Agreement shall be for five (5) years
with City having the option to extend for an additional five (5)
years upon terms and conditions to be negotiated by the parties.
(5) Operator has the right to suspend the payment of fees
and cease operations during any period in excess of seven (7)
consecutive days that the Airport is not operated for use by a
commercial air carrier. The resumption of the payment of fees
and operations will commence upon the resumption of the
operation of a commercial air carrier.
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(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 publicliability
insurance in the amount of $1,000,000 and property damage
insurance in the amount of $1,000,000.
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.
Operator shall procure and maintain in full force and effect
during the term of this Lease, fire and extended coverage
insurance covering improvement on the leased premises. Evidence
of insurance and notices of cancellation shall be furnished to
City. A performance bond in the amount of $10,000 effective
during the term of this Agreement, shall be furnished by
Operator.
(7) Operator agrees to install the necessary control booth
ticket dispensers, fee computer and gates to create a commercial
parking facility. Said equipment shall remain the property of
the Operator.
(8) Operator shall pay all utility costs incurred in
connection with the operation of all parking equipment;
provided, the City shall, at City's expense, furnish electricity
for the parking lot lights.
(9) City shall designate by proper signs the following
parking areas outside the premises: Airport Limousine, Rental
Car and Taxi spaces. City shall regulate public parking to the
effect that all parking except passenger loading and unloading
shall be required to be in the parking area covered by this
Agreement. The City shall retain control of the parking lot
adjacent to the old Terminal Building and may permit employees
in the old Terminal Building, the FAA Building, and the hangar
areas to park in said lot.
(10) The initial parking rates shall be charged in
accordance with the following schedule:
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Short Term Lot
0 to 30 Minutes
Each Additional 30 Minutes
Maximum Per 24 Hours
Long Term Lot
0 to 1 Hour
Each Additional Hour
Maximum Per 24 Hours
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$ .50
.50
4.50
$1.00
.50
3.75
Parking rates shall not be increased or decreased without a
written request by Operator and written consent by the Airport
Manager. Such consent not to be arbitrarily withheld.
(11) A minimum 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 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
not unjustly discriminatory (provided that Operator may make
reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reduction 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 or supplementary 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
herein stated.
in and about
and cooperate
free parking
all of the rights and privileges as
City agrees that there shall be no free parking
the terminal area, and the City agrees to assist
in every way possible with Operator to prevent any
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 parking and towing of vehicles for 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. Any
change .in the employee monthly parking rate shall be approved in
writing by the Airport Manager.
(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
who have actually spent a specified amount in the restaurant.
Such amount to
Concessionaire.
be agreed upon by Operator and Restaurant
Restaurant Concessionaire will pay Operator
each ticket validated an amount to be mutually agreed upon,
not to exceed then existing commercial parking
program shall be approved by City, in writing.
rates.
for
but
Any
(16) All the terms, covenants and agreements herein
contained shall be binding upon and shall inure to the benefits
of the heirs, successors and assigns of the respective parties
hereto. Neither the whole nor any part of this Agreement may be
assigned, transferred or sublet by Operator, either by process
or operation of law, or in any other manner whatsoever, without
the prior written consent of City, which consent shail :not :be
unreasonably withheld.
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(17) In the
possession of the
this Agreement
written renewal
to operate as
create only a
event Operator shall hold over and remain in
premises herein leased after the expiration of
or any extension provided herein, without any
thereof, such holding over shall not be deemed
a renewal or extension of this Agreement shall
tenancy from month to month which may
terminated at any time by City.
be
(18) In the event of the default or unsatisfactory
performance by Operator under the terms of the Agreement, City
shall give notice to Operator of the alleged failure of
performance detailing the particulars thereof. Operator shall
have thirty (30) 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, the City agrees not to use
this remedy in an arbitrary and capricious manner.
(19) If the City shall default in fulfilling any of the
terms, covenants or conditions to
and shall fail to remedy said
after receipt by City of written
Operator shall have the option
be fulfilled by City hereunder
default within sixty (60) days
demand from Operator to do so,
either to cancel this Lease or
remedy the default and deduct the expense incurred in remedying
such default from the rent.
(20) Notices the Lessor shall be sufficient if sent by
registered mail, postage prepaid, addressed to Airport Manager,
113 West Mountain Street, Fayetteville, Arkansas 72702 and
notices to Lessee shall be sufficient if sent by registered
mail, postage prepaid, addressed to James C. Berry, Suite 1600
Republic Centre, Chattanooga, Tennessee 37450, or to such other
addresses as the parties may designate to each other in writing
from time to time.
(21) Operator shall make the expansion, installations and
modifications as shown in the attached diagram identified as
Exhibit "A". All such improvements, installations and
modifications shall be approved by Airport Manager. A detailed
list of all engineering fees, installation and improvement cost
shall be provided to the Airport Manager upon completion.
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Operator shall deduct from rental due City 1/60 of the total
cost of the engineering fees, expansion, installations, and
modifications on a monthly basis until the total cost has been
recovered by Operator. All such improvements, installations and
modifications herein shall become the property of the City upon
payment of said total cost, except those installations referred
to in Section (7) above.
(22) The 0
commercial park
perator shall, at Operator's expense, expand
ing areas as the need for expansion arises;
provided, the terms
mutually agreed
expansion.
and conditions of expansion shall be
upon by the City and the Operator prior to any
(23) The Operator shall erect a sufficient number of
uniform traffic and parking regulatory signs throughout the area
to assist the public and ensure a smooth traffic flow. The
design and installation of such signs shall be approved by the
City prior toinstallation thereof.
(24) 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
ensure that satisfactory parking objectives are being met on a
continuing basis.
(25) 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.
(26) Operator shall provide the highest standard of service
in the day-to-day operation of the public parking .lots at
Fayetteville Municipal Airport.
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(27) Operator's Resident Manager shall have full
responsibility for day-to-day operation and shall be approved by
the Airport Manager. His duties shall consist of, but shall not
be limited to, the following:
(a) Plan, coordinate, schedule and be responsible for the
work of all supervisors and employees of Operator of
the Airport.
(b) Abide by and ensure adherence to establishedpolicies,
rules, procedures and regulations of the Airport, as
well as the provisions of the Management Agreement
between the City and Operator.
(c) Be responsible for all administrative requirements of
the Operator at the Airport.
(d)
(e)
(f)
(g)
(h)
Maintain close liaison with the Fayetteville Police
Department in handling problems of mutual concern such
as prohibited vehicles, traffic congestion, and
security.
Initiate and direct the orientation of new employees
and make effort to improve the efficiency of employees
already on duty.
Maintain proper liaison with the Airport Manager or
his duly designated representative
basis.
on a day-to-day
Be responsible for achieving good public relations by
all employees of Operator at the Airport by
instructing Operator's employees to render the utmost
courtesy in dealing with the public.
Assist in setting and enforcing standards for
Operator's employees' personal appearance, demeanor,
and attitude.
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(i) Prepare reports to Operator's Accounting Department
and conduct spot checks for accuracy of all clerical
records.
(j)
Be responsible for the selection and dismissal of
parking personnel of Operator at the Airport.
(k) Check booths, parking equipment and area for
conditions and serviceability.
(1) Be responsible for insuring that Operator complies
with all Federal regulations pertaining to
nondiscrimination in the hiring of employees.
(28) 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 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
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 ensure that all accounting and control procedures are being
adhered to.
(29) Each attendant employed by Operator shall be
responsible for the cleanliness of the booth during his shift.
Each attendant shall clean the windows, sweep 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
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booth shall be policed by the attendant on duty and the area
kept clean of trash and debris at all times.
(30) 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 service will not be disrupted. In
the event of a machine malfunction not being remedied by minor
adjustment, the attendant shall promptly report the malfunction
to the Resident Manager.
(31) Cashiers receiving complaints from customers shall
promptly notify the Resident Manager. 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.
(32) 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 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.
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the date first above written.
ATTEST:
�7
BY,� ck,
CITY AERt
ATTEST:
BY: 1G^�
TITLE: VICE PRESIDENT
CITY OF FAYETTEVILLE, ARKANSAS
BY: !i[/�..�y" t;y1
MAYOR
REPUBLIC PARKING SYSTEM
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BY:
TITLED PRESIDENT
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• EXHIBIT "A"
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STAFF REVIEW FORM 411
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of N/A
•
e
FROM:
Dale Frederick Airport
Name Division
General Gvmt.
Department
ACTION REQUIRED: Request review for the Mayor's signature of a letter
executing a lease option with Republic Parking Systems Inc. After conferring
with the office of the City Attorney, this format was chosen to execute the
five year contract option. The Airport Board review and approved the option
at their meeting held in September, 1995.
COST TO CITY:
$n/a revenue
Cost of this Request
$est 96 income $537,195 Air Terminal Parking
Category/Project Budget Category/Project Name
5550-0955-4452.02 $ n/a
Account Number Funds used to date
n/a
Project Number
$ n/a
Remaining Balance
Airport Revenue
Program Name
Airport
Fund
BUDGET REVEid3 a X
a�
Budgeted Item
Bud etCoordinator
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
-1171-4,1u( !-1)12 ri 7kt✓ /L'-//. //5
Accountin'Map'ager
/CeiI
Cif ty AttoYney `J
PR-@
Purchasing Officer
Date
/.6 7 t
Date
10-1is45
Date
GRANTING AGENCY:
Date
-110
Date
STAFF RECOMMENDATION:
Airport Board and Staff Recommend Approval
Department Director
ervices Director
10/12/95
Date
Date
10 -r7 -`L5
Date
Mayor 1 Date
Cross Reference
New item: Yes No
—1
Prev Ord/Rest:
Crig Cont. Date:
ny i:r r R 1 mt
THE CIT" CF TAYETTEVIIIF ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Contract Review Personnel
FROM: Dale Frederick, Airport Manage
DATE: October 12, 1995
SUBJECT: Concession Contract Option with Republic Parking System, Inc. (RPS)
•
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After conferring with the office of the City Attorney. it was decided to utilize this format to
execute a five year option (contained in the existing concession contract) to renew the Republic
Parking System Inc. agreement for an additional five year period. Airport staff verified
competitive rates by telephone interviews regarding revenue with other airports. After review
of this information. a recommendation by staff was made to the Airport Board to execute the
option.
At their regular meeting held in September, the Airport Board reviewed and accepted this
recommendation. Republic Parking Systems full contract is available for review upon request.
Should you have any questions or require additional information, please do not hesitate to
contact this office.
Staff recommends approval.
ATTACHMENTS: One original Letter of Lease Option
Contract Review Form
Y TTEVI
FA E LLE
THE CITY OF FAYETTEVILLE
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AIRPORT DEPARTMENT
September 28. 1995
Mr. Ron McDonald, President
Republic Parking System
Suite 2000, Republic Centre
Chattanooga. TN 37450
RE: LEASE OPTION/PARKING CONCESSION -DRAKE FIELD
Dear Mr. McDonald:
Please consider this :etter official notification regarding the Lease Option for the parking
concession at the Fayetteville Municipal Airport.
As stated in Section (4) of the contract: "The term of this Agreement shall he for five (5) years
with the City having the option to extend for an additional five (5) years upon terms and
conditions to be negotiated by the parties." After a review of the market, the City respectfully
requests your acceptance of this additional five (5) year option at the current revenue split stated
in the existing agreement.
If your company ,,oncurs, please acknowledge your acceptance by endorsing the appropriate line
at the bottom of this page and return the original document for our lease records. Should you
have any questions or require additional information. please do not hesitate to contact this office.
Fred Hanna
Mayor, City of Fayetteville
Republic Parking System
Chattanooga, Tennessee
BY:
Ron McDonald. President
DATE: cak3, )995
ATTEST �rr-Y •��
DATE:
4500 SOUTH SCHOOL AVENUE, SU:TE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE. AR 72701
PHONE 501-521-4750 • FAX 501-521-1735