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Home My WebLink About155-15 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 155-15 File Number: 2015-0371 FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION FOR THE CITY TO PROVIDE OPERATIONAL AND MAINTENANCE SERVICES FOR THE TOWN CENTER PARKING DECK IN EXCHANGE FOR THE USE OF FIFTY-FIVE (55) PARKING SPACES FOR A PERIOD OF ONE YEAR WITH FIVE ADDITIONAL ONE YEAR AUTOMATIC RENEWALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with the Fayetteville Advertising and Promotion Commission for the City to provide operational and maintenance services for the Town Center Parking Deck in exchange for the use of fifty-five (55) parking spaces for a period of one year with five additional one year automatic renewals. PASSED and APPROVED on 9/1/2015 �a�sana�a�neA�� Attest: FAYETTEVILLE: ��ys' • pkA NSP J� C TONG°.��```. C�;� � �� iiain�t►�� Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 912115 City of Fayetteville, Arkansas 1West Mountain Street FF ayetteville, AR 72701 n (479) 575-8323 Text File File Number: 2015-0371 Agenda Date: 9/1/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION FOR THE CITY TO PROVIDE OPERATIONAL AND MAINTENANCE SERVICES FOR THE TOWN CENTER PARKING DECK IN EXCHANGE FOR THE USE OF FIFTY-FIVE (55) PARKING SPACES FOR A PERIOD OF ONE YEAR WITH FIVE ADDITIONAL ONE YEAR AUTOMATIC RENEWALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with the Fayetteville Advertising and Promotion Commission for the City to provide operational and maintenance services for the Town Center Parking Deck in exchange for the use of fifty-five (55) parking spaces for a period of one year with five additional one year automatic renewals. City of Fayetteville, Arkansas Page 1 Printed on 91212015 City nfFayetteville Staff Review Form 2015~0371 Legistar File ID 9/1/2015 City Council Meeting Date ' Agenda Item Only N/A for Non -Agenda Item ParNng&Tdecunomuninations/ Melissa Elmore 8/6/2015 Utilities Department Submitted By Submitted Date Division / Department Approve Amendment #2 To Lease Agreement With The Fayetteville Advertising & Promotion Commission for the City to provide operational and maintenance services for the Town Center parking deck. This Amendment is a Impact:continuation of previous Agreements that have been in effect since November 2001. 2130.9130.5308.00 Account Number Project Number pad6n8 Project Title Budgeted Item? YP Current Budget 11000-00 Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V2014071 0 Previous Ordinance orResolution # Original Contract Number: Approval Date: Comments: CITY OF V le In'T Ti Ta y** 1V ARKANSAS MEETING OF SEPTEMBER 1°2015 TO: Mayor and City Council Don Marr, Chief of Staff Melissa Elmore, Parking Mo oQement August 0,2O15 Approval of Amendment #2tmthe Agreement with the Fayetteville Advertising and Promotions Commission RECOMMENDATION: Staff recommends approving Amendment #2 to the Agreement with the Fayetteville Advertising and Promotions Conlrnission, operating as the Fayetteville Town Center. for Parking Management staff b}provide operational and maintenance services for the Town Center parking deck. The term of the Agreement is for one (1) year with automatic renewal for five (5) additional one (1) year terms. BACKGROUND: The City entered into the original Agreement with the Fayetteville Advertising and Promotion Commission on November 12. 2001. upon the opening of the newly constructed parking deck. The Agreement was on exchange of services between the City of Fayetteville and the Town Center. The City nf FayettevilleParking Management Division provides cleaning services for all levels of the perking deck, the Plaza contracted parking lot (below), the Town Center Plaza (above) and the delivery and loading dock area. |nexchange for these City services, the Commission allows the City the use of up to fiftyrfive (55) parking spaces in the deck to be used by City employees. DISCUSSION: The annual cost to lease these (55) parking spaces would be $33.000.00. Staff feels that this agreement, with its exchange ufservices, isabenefit to both the City of Fayetteville and the Town Center. The Town Center avoids the need for additional staffing and the (]tv avoids the additional expense of.these spaces, BUQGET/8TAFFI8OpACT: There is no direct budge impact as this is an exchange of services. Attachments: Amendment #2 To The Agreement With The FayettevilleAdvertising & Promotion Commission Amendment #1 To The Agreement With The Fayetteville Advertising & Promotion Commission Agreement dated February 13, 2002 Mailing Address: 1.1.3 W. Mountain Street www.fayetteville-ar.gov faycnevU!e,xR7Z/0l AMENDMENT #2 TO THE AGREEMENT WITH 'TT ::I r FAYETTEVILLE ADVERTISING & PROMOTION COMMISSION BE IT KNOWN TO ALL: That the City oi- Faettevi lIe. 1Arka�NAG-i��eat�rneni sas ad the Fayetteville Advertising & Promotion Comnmission. on this _ day of2(11 , hereby agree that then Agreement of February 1.3, 2002, which was extendby ,/i on February 12. 2008. shall be amended by extending the term of the oAgreement retroactively from February 13. 201.4, for a term of one (1 ) year from the date of execution of this Amendment, after which it shall automatically renew for live (5) additional one (1 ) year terms, unless the parties, by mutual agreement, choose to amend or terminate the Agreement prior to the expiration of the then current terra. The parties agree and understand that this Amendment is supplemental to their Agreement of February 13, 200', and Amendment #1 to the Agreement of February 12, 2008. and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WiTNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Fayetteville Advertising & Promotion Commission. City of Fayetteville, Arkansas Ailif S'F: Sondra F. Smith. City Clerk/Treasurer AMENDMENT #1 TO THE AGREEMENT WITIT THE FAYETTEVILLE ADVERTISING & PROMOTION COMMISSION BE IT KNOWN TO ALL. That the City of Fayetteville, Arkansas and the Fayetteville Advertising & Promotion Commission, on this day of oW2008, hereby agree that their Agreement of February 13, 2002, shall be amended by extending the term of the current Agreement for a term of one (1) year, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties by mutual agreement, choose to amend or terminate the Agreement prior to the expiration of the then current term. The parties agree and understand that this Amendment is supplemental to their Agreement of February 1.3, 2002, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Fayetteville Advertising & Promotion City of Fayetteville, Arkansas Commission (i2z PA'T GAZZ A, .man WITNESS: 4J /Jbt DAN GOODY, Mayor / ATTEST. J z . ,tom d v FAYETi EVILEE; " 7 c� • h. Sondra E. Smith, City ClerkJTreasur n; �ti+ 'V`b�• AGREEMENT This Agreement, made and entered into this /3 day of __, 2002, by and between the City of Fayetteville, Arkansas, a municipal c rxoiation, hereinafter called the City, and the Fayetteville Advertising and Promotion Commission, .operating as the Fayetteville Town Center, hereinafter called the Commission. WITNESSETH, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: This agreement shall remain in full force and effect for a term of one (1) year, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties by mutual agreement, choose to amend or terminate the agreement prior to the expiration of the then current term. 2. Each party agrees and understands that a party wishing to terminate or amend this agreement shall give the other party written notice of such, no later than thirty (30) days prior to the expiration of the then current term. 3. This agreement is for an exchange of services between the parties. The City agrees to operate the parking deck at the Town Center, with duties to include: a. Preparing lease agreements for customers desiring to lease parking deck spaces. b. Billing customers either monthly or quarterly, and receiving customer lease payments. c. Removing any and all moneys and tokens from the auto cashier machine and transferring custody and control of such directly to authorized Commission personnel. d. Providing an accounting of all revenues received through the parking lease program and the auto cashier machine on a monthly basis. e. Programming and distributing parking cards, and maintaining the associated customer accounts. f. Notifying customers of "Event Days" when parking cards cannot be used to access the parking deck. Providing cardholders with information on alternative parking during "Event Days," as well as providing them with hang tags, tokens, or other supplies needed for alternative parking (as stated in the attached "Procedures for Alternative Parking on Event Days"). g. Providing routine maintenance on gates, card readers, auto cashier machine, credit card reader, etc., provided that any costs and expenses incurred for vendor -provided equipment maintenance shall be borne by the Commission. Additionally, all costs and expenses incurred for the purchase of equipment and supplies for the operation of the parking deck shall be borne by the Commission, provided that such purchases have the prior approval of a designated representative of the Commission. h. Attending the auto cashier machine in a diligent and timely manner to ensure the coin hopper has a sufficient number of coins to provide correct and sufficient change to customers. i. Taking customer calls and complaints concerning the parking deck. j. Providing a minimum of eight (8) hours of cleaning services per week. k. Providing said services in the following areas: i. All levels of the parking deck; ii. Plaza contracted parking lot (below); iii. Town Center Plaza area (above); and iv. Delivery/Loading Dock area. 1. As used in this Agreement, cleaning services include sweeping; blowing; vacuuming; spot washing of soft drinks, mud, or other spills; and the emptying of trash containers into the dumpster. 3. In exchange for these services, the Commission agrees to provide fifty-five (55) parking spaces on the deck to be used by employees of the City of Fayetteville, provided that: a. The City agrees to abide by the same rules that apply to the other customers leasing spaces on the deck. b. The City agrees to allocate parking cards only to city employees. c. The City shall expend its best efforts to discourage nighttime parking, as the Town Center frequently holds nighttime events. d. The City shall encourage employees to park towards the west end of the deck, leaving spaces closest to the elevators open for customer parking. 4. The Commission shall be responsible for all collection actions associated with delinquent accounts, provided that the City shall be responsible for informing the Commission of such accounts in a timely manner, 5. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. 6. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 7. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 8. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the Commission. IN WITNESS WHEREOF, the City and the Commission have executed this Agreement on or as of the date first written above. CITY F FAYETTE LE f - r Dan Coody, Mayor ATTEST: He'ther Wo druff, City Cl ADVERTISING D PROMOTION COMMISSION By ' ' oe F�ffhel, Chairm