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Res No 260-10-13294RESOLUTION NO. 260 -1 0 -1 3294 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to extension of the current contract with Laz Parking Inc. for the provision of Municipal Parking Management Services on a month -to- month basis with an expiration date of May 31", 2011; and providing an effective date. WHEREAS, the City's month -to -month contract was scheduled to expire March 31sT 2010; and WHEREAS, Laz Parking Inc. has provided and continues to provide management services pursuant to the original municipal parking management contract dated September 16s', 2003; and WHEREAS, the City of South Miami has determined that it will be in the public's interest to extend the current contract to May 31", 2011 and authorize Laz Parking Inc. to continue to promote, operate, and maintain the city's comprehensive parking system in order to permit city staff to complete due diligence and submit its recommendations to the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1 That the City Commission approves and authorizes the City Manager to extend the current contract to May 31 ", 2011 with Laz Parking Inc. for municipal parking management services. Section 2 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7 day of December 2010 ATTEST: i y Clem a�t� Read and approved as to form and sufficiency: City Attorney APPROVED: Mayor COMMISSION VOTE: 4 -0 Mayor Stoddard Yea Vice -Mayor Newman Yea Commissioner Palmer absent Commissioner Beasley Yea Commissioner Harris Yea South'Miaini To: The Honorable Mayor & Members of the City Commission Via: Hector Mirabile, PhD, City Manager From: Alfredo Riverol, CPA, CrFA, Chief Financial Officer Date: November 17th, 2010 Agenda Item No.: A Resolution of the Mayor and City Commission of the City of South Miami, Subject: Florida, relating to extension of the current contract with Laz Parking Inc. for the provision of Municipal Parking Management Services on a month -to -mouth basis with an expiration date of May 31", 2011. The City after a competitive RFP process and Best and Final Offer contracted for parking enforcement services commencing September le, 2003. The agreement required for Laz Parking, Inc. (the Contractor) to provide a comprehensive program for the administration, collection, enforcement, and maintenance of the City's parking meters, valet parking and decal parking areas. The original agreement expired on October 1", 2008 and, in the interim, a month -to -month agreement for up to twelve (12) months was entered into by both parties Background: with an expiration date of October 1", 2009. The City continued to use the services of the Contractor on a month -to -month basis up to January 3151, 2010 and, in the interim, a subsequent month -to -month agreement for up to six (6) months was then entered into by both parties with an expiration date of March 31", 2010. The City has continued usage of said services of the Contractor on a month -to -month basis up to September 31", 2010; and, desires to continue such usage on a month -to -mouth basis up to May 31", 2011, or until such time as an RFP is conducted and an award is made, which ever comes first. Account Number 001 -1410 -513 -3450 Expenditure Amount ($17,461.67 x 6 Months) $104,770.02 Backup Documentation: Agreement and Resolution. THIRD AGREEMENT FOR MONTH-TO -MONTH PARKING SERVICES MANAGEMENT WITH AN EXPIRATION DATE OF MAY 318T, 2011. This agreement is made and entered into this _ day of December, 2010 between the City of South Miami, a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 -5093 and Laz Parking Inc. a Florida corporation, hereinafter referred to as the "Contractor ". WITNESSETH: WHEREAS, the City after a competitive REP process and Best and Final Offer contracted for parking enforcement services commencing September 16'x', 2003; and, WHEREAS, the agreement provided for the Contractor to provide a comprehensive program for the administration, collection, enforcement, and maintenance of the City's parking meters, valet parking and decal parking areas; and, WHEREAS, the original agreement expired on October 1", 2005; and, WHEREAS, in the interim a month -to -month agreement for up to twelve (12) months was entered into by both parties; which expired on October 1 ", 2009; and, WHEREAS, the City continued to use the services of Contractor on a month -to -month basis up to January 31 ", 2010; and, WHEREAS, in the interim a month -to -month agreement for up to six (6) months was entered into by both parties, which expired on March 31 ", 2010; and, WHEREAS, the City continued to use the services of Contractor on a month -to -month basis up to September 3I ", 2010, and, WHEREAS, the City desires to continue to use the services of Contractor on a month -to -month basis up to May 31 ", 2011; and, WHEREAS, the City desires to engage and retain the services of Contractor to perform the work described in this agreement and Contractor desires to accept the month -to -month engagement; and, WHEREAS, Contractor continues to represent that it is competent, experienced, and able to provide this program. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this agreement, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1. WHEREAS CLAUSES The above whereas clauses are incorporated and made a part of this agreement 2. STATEMENT OF WORK Contractor agrees to provide services as specifically described under the original agreement, which expired on October 1 't, 2008 and the first agreement, which expired on October 1, 2009. The scope of services, price term, conditions for providing services, insurance requirements, termination provisions, etc., that are contained therein the expired agreement are incorporated by reference into and made a part of this agreement. Should any provision of this month -to -month agreement conflict with the terms and conditions of the original agreement, the terms and conditions of this month -to -mouth agreement shall prevail. 3. COMMENCEMENT DATE AND TERM The term shall commence upon the date of this agreement and continue on a month -to- month basis up to May 315`, 2011. A. SEVERABILITY Should any paragraph or any part of any paragraph of this agreement be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or enforceable any other section or part of any section of this agreement. 5. ENTIRE CONTRACT The agreement, when executed by all parties, constitutes the full and complete understanding and agreement of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This agreement and the incorporated attachments constitute the entire understanding between the parties and incorporates by its terms all provisions agreements or understandings, oral or written, between the parties. In the event of any conflict, the terms of this agreement shall govern over the provisions of any incorporated documents. 6. WARRANTY OF AUTHORITY The signatories to this agreement warrant that they are duly authorized by action of their respective City Commission, board of directors or other authority to execute this agreement and to bind the parties to the promises, terms, conditions, and warranties contained herein. 7. MISCELLANEOUS PROVISION In the event a court must interpret any word or provision of this agreement the word or provision shall not be construed against either party by reason of drafting or negotiation. 8. TERMINATION FOR CONVENIENCE At its sole discretion and without need for cause, the City may terminate this agreement at any time by providing the Contractor thirty (30) days written notice. Upon notice of termination, Contractor will be paid for all services rendered up to and including the date of termination. IN WITNESS WIIIEREOF, the parties hereto, acting through their duly authorized officers, have executed this agreement as of the date first above written. The City of South Miami: By: City Manager ATTEST: By: Maria M. Menendez Laz Parking Inc., Contractor: By: President