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HomeMy WebLinkAboutContract 39749-A2' SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 39749 FOR MANAGEMENT AND OPERATION OF THE WILL ROGERS MEMORIAL CENTER PARKING FACILITIES THIS SECOND AMENDMENT TO CITY SECRETARY CONTRACT N0.39749 is made and entered into on this ~ day of NOV t OO'of V , 2012 by and between the CITY OF FORT WORTH , a home-rul e municipal corporation of the State of Texas ("City"), and STANDARD PARKING CORPORATION, a Delaware corporation ("Operator"). RECITALS WHEREAS , on January 12, 2010 , the City and Operator entered into a Contract for Management and Operation of the Will Rogers Memorial Center Parking Facilities ("Contract"); WHEREAS , on March 31 , 2011 , the City and Operator executed an amendment to the Contract ("First Amendment") setting forth certain provisions for sales tax remittance ; WHEREAS , the Contract currently requires the Operator to manage and operate 6 ,176 parking spaces for the following parking facilities at the Will Rogers Memorial Center ("WRMC "): Western Heritage Garage , West Lot, Will Rogers Circle Lot , North Richardson Bass Lot , Amon Carter Garage , East Coliseum Lot, Equestrian Garage , Barn Spaces, Harley Lot, and Museum/ Cowgirl Lot; WHEREAS, on September 11, 2012, the City agreed to lease 240 parking spaces in the Museum/Cowgirl Lot to the Fort Worth Museum of Science and History; WHEREAS, the Museum/Cowgirl Lot lease and construction projects have further reduced the number of lots that the Operator manages to 5,423 parking spaces ; WHEREAS , on September 13 , 2012 , the City provided written notice to Operator that it had reduced the number of parking spaces , as provided in Section 18 of the Contract; WHEREAS , on September 25 , 2012 , the Fort Worth City Council approved additional funding in the amount of $375 ,000.00 for parking expenses for WRMC 2012 operating budget; WHEREAS, under the Contract, the City has agreed to reimburse Operator for general liability insurance coverage , which charge is primarily based on the number of parking spaces operated and managed by Operator; WHEREAS , Section 3.3 of the Contract provides that the City agreed to reimburse the Operator for insurance coverage expenses for WRMC within the limits set forth in Exhibit "A" of the Request for Proposal ("RFP ") at a cost of Forty-three Thousand Nine Hundred Forty Eight Dollars ($43 ,948.00) for each year of the Contract and the payment would be paid in monthly installments of Three Thousand Six Hundred Sixty-Two Dollars and Thirty Four Cents ($3 ,662.34); Second Amendment to CSCNo. 39749 for Management and Operation of the Will Rogers Memorial Center Parking Facilities 11-20-12 A09:30 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page l of 3 ,. WHEREAS, since the commencement of the Contract, the parking facilities at the Will Rogers Memorial Center have undergone changes that will affect the total number of parking spaces to be managed and operated by Operator; WHEREAS, the City desires to reduce the scope of work and services to be performed by the Operator under the Contract by removing the Museum/Cowgirl Parking Lot from the list of approved parking facilities that Operator is required to manage and operate; WHEREAS, the City and Operator desire to amend the Contract upon the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Operator agrees to as follows: 1. Recitals, Definitions. The above recitals are incorporated herein. The terms defined in the Contract shall have the same meanings when used herein, unless expressly defined otherwise in this Second Amendment. 2. Effective October 1, 2012, the City and Operator agreed to amend the Contract as follows: a) Section 2.1 of the Contract incorporates the RFP and Operator 's Response into the Contract, which includes Attachment "D". Attachment "D" is a Parking Facilities Map depicting the parking spaces that Operator managed under the Contract. Due to the reduction of parking spaces , the City hereby replaces Attachment "D" with Exhibit "D-1 " which accurately reflects the parking spaces that Operator now manages. Exhibit "D-1" is incorporated herein for all_ purposes into this Second Amendment and Contract; and b) Section 3 .3 of the Contract provides for insurance reimbursement to the Operator. The first sentence of Section 3 .3 of the Contract is hereby amended to read as follows : General Liability Insurance -WRMC: City agrees to reimburse Operator, and Operator agrees to provide insurance coverage with the limits specified in Exhibit "A" of the RFP at a cost of Forty Thousand Three Hundred Forty-Seven Dollars and Twelve Cents ($40 ,347.12) per year of the Contract to be paid in monthly installments of Three Thousand Three Hundred Sixty Two Dollars and Twenty -Six Cents ($3 ,362.26). 3. No Other Changes. Except as expressly modified herein, the Contract remains in full force and effect upon its original terms and conditions. Second Amendment to CSCNo. 39749 for Management and Operation of the Will Ro gers Memorial Center Parking Faci li ties Page 2 of 3 ' , IN WITNESS, WHEREOF, the parties hereto have executed this Second Amendment as of the date first written above. ACCEPTED AND AGREED: CITY OF FORT WORTH: Date: Fernando Costa Assistant City Manager STANDARD PARKING CO Date : ------------- APPROVED AS TO FORM AND LEGALITY: erl K. Byles Assistant City Attorney ATTEST: Second Amendment to CSCNo. 39749 for Management and Op eratio n of the Will Rogers Memorial Center Parkin g Facilities OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 M&C~eview CITY COUNCIL AGENDA DATE: CODE: COUNCIL ACTION: Approved on 9/25/2012 9/25/2012 REFERENCE NO.: **C-25864 C TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Wort h, Texas 20STANDARD PARKING NO FORT WORT H ~ SUBJECT: Authorize Execution of Amendment No. 2 in the Amount of $375,000.00 to the Contract with Standard Parking Corporation for the Management and Operation of the Will Rogers Memorial Center and Fort Worth Convention Center Parking Facilities to Increase the Reimbursement Amount for Fiscal Year 2012 for a Total Reimbursement in the Amount of $1,653,999.00 (COUNCIL DISTRICTS 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 2 to the contract with Standard Parking Corporation for the management and operation of the Will Rogers Memorial Center and Fort Worth Convention Center Parking Facilities to increase the amount of reimbursements in the amount of $375,000.00 for operating expenses for a total reimbursement of $1,653,999.00 for Fiscal Year 2012 . DISCUSSION: On January 12, 2010, (City Secretary Contract No . 397 49) the City Council authorized a Contract with Standard Parking for the management and operation of the Will Rogers Memorial Center (WRMC) and Fort Worth Convention Center (FWCC) Parking Facilities for a term of three years, beginning on February 1, 2010 and ending on January 31 , 2013. The Contract included the operation of the Western Heritage Garage and surface lots on the WRMC campus as well as the two parking garages at the FWCC. During Fiscal Year 2012, several building and roadway construction projects impacted access to parking facilities at WRMC and the completion of the automated parking control system. These conditions created the need for additional resources to effectively manage parking, resulting in an increase in operating expenses by Standard Parking. Revenue within the Parking Fund will be utilized for this increase in operating costs . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations funds will be available in the current operating budget, as appropriated, of the Municipal Parking Fund. http://apps.cfwnet.org/counci l_p acket/mc _review .asp?ID= 17422&councildate=9/25 /2012 11 /20/2012 M&CReview TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers PE59 539120 0208510 $375 ,000 .00 Fernando Costa (6122) Douglas W. Wiers ig (7801) Peter Elliott (9979) http://apps.cfwnet.org/counci l_packet/rnc_review .asp?I D=l 7422&councildate=9/25/2012 Page 2 of2 11/20/2012