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Res No 029-10-13063RESOLUTION NO. 29 -10 -13063 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE CURRENT CONTRACT WITH LAZ PARKING INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES FOR SIXTY DAYS, ENDING MARCH 31,2010; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's month -to -month contract is scheduled to expire on January 31, 2010; and WHEREAS, the City is in the process of obtaining proposals from the companies selected during the request for qualifications process; and WHEREAS, LAZ Parking Inc. is currently providing management services pursuant the existing municipal parking management contract; and WHEREAS, the City of South Miami has determined that it will be in the public's interest to extend the current contract to March 31, 2010 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 March 31, 2010 with LAZ Parking Inc. for municipal parking management services. Section 2. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this 26th day ofJanuary, 2010. ATTEST: TY CLERK ?- aw /it /%" APPROVED: ( �& C- 1.- 'MAYOR Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Sellars: Yea THIRD AGREEMENT FOR MONTH -TO -MONTH PARKING SERVICES MANAGEMENT UP TO MARCH 31, 2010. This agreement is made and entered into this _1_ day of February, 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 "Contractor ". WITNESSETH: WHEREAS, the City after a competitive RFP process and Best and Final Offer contracted for parking enforcement services; 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", 2008; and, WHEREAS, in the interim a month -to month agreement for up to 12 months was entered to by both parties; which expired on October l ", 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, the City desires to continue to use the services of Contractor on a month -to -month basis up to March 31, 2010; 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 1.1 The above whereas clauses are incorporated and made a part of this agreement. 2. STATEMENT OF WORK 2.1 Contractor agrees to provide services as specifically described under the original agreement, which expired on October 1, 2008 and the first agreement, which expired on October 1, 2009. The scope of services, price term, conditions and for providing services, insurance requirements, termination provisions, etc., that are contained in that expired agreement are incorporated by reference into and made a part of this agreement as exhibit 1. However, if any provision of this month -to -month agreement conflicts with the terms and conditions of exhibit 1, the terms and conditions of this agreement shall prevail. 3. COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date of this agreement and continue on a month -to -month basis up to March 31, 2010. 4. SEVERABILITY 4.1 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 5.1 The agreement, when signed by all of the 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 integrates by its terms all previsions agreements or understandings, oral or written, between the parties. In the event of any conflict, the terms of this agreement will govern over the provisions of any incorporated documents. 6. WARRANTY OF AUTHORITY 6.1 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 in this agreement. 7. MISCELLANEOUS PROVISION 7.1 In the event a court must interpret any word or provision of this first addendum, the word or provision shall not be construed against either party by reason of drafting or negotiating this first addendum. IN WITNESS V MEREOF, the parties hereto, acting through their duly authorized officers, have executes this agreement as of the date first above written. The ty f ou iami By: City Manager ATTEST: CITY CLERK � #�' uUU- / Laz Parking Inc., Contractor By: � � President CV, 5 /Oo'* c ej"tz�