HomeMy WebLinkAboutMcLaurin Parking Company
Augusta Richmond GA
DOCUMENT NAME: '(YlCLc\lJX\" Rl'('C-\\tj U:rn\Xl"Y
DOCUMENT TYPE: ~'( ~~
YEAR: €\ 'S
BOX NUMBER: Dl.\.
F~ENUMBER: \~~~
NUMBER OF PAGES:
~
4f-i
..
,.
..
ST ATE OF GEORGIA
PARKING MANAGE1v1ENT AGREEMENT
COlJ1',rn' OF RICHMOND
TIllS parking MANAGEMENT AGREEMENT. made and entered into thi~
1st day of Decer:Jber _~ 1995, by and between the CITY COUNffi OF
AUGUSTA, hereinafter referred to as "CITY", and Mc.LA~ pARKING COM:PA.'NY, a
corporation organized and existing under the laws of the State of North CM'Cllinz.., and registered
in the Stale of Georgia, hrn:inafter referred to as "McLAUR.W";
WIT N E SSE T H:
WHEREAS, the em- \1t1s.nes to oner attended parking services at the Riverfront
Cent:::- parking d~k and SU~ parking ("parking facilities"); and
WHEREAS, McLAURIN has ex]}Crience in proviciing parking services and has an
experienced. parking management team, and has l'. well trained group of employees available to
o perat e the parking facility; and
WclER.EAS, the eIn' wishes to enter into an agreement v.ith McLAURIN that
'Vrw ensure the professlonal operation of the parbng facilities; and
Vr1-:IEREA,S, the CITY and McLAURm have agreed to the terms and conditio05
for operation of the parking facilities as hereL' provided,
NOW, TIIEREFORE, for and in consideration of the mutual covellIilJL,5 and
promises herein cOntained and other v-aluable considerations., and the CITY and MclAURIN '
agree as follows:
JiI~
I
i
~
1. TERM. The term of this Agreement shali be from December]. . 199 5,
through and including November 30 , 1996, Not less than thirty (30) days prior to the
termination date, the parties will confer to determine if this Agreement is to be extended and make
any supplemental agreement for modification for that purpose, and if not so extended by mutual
agreement of the parties evidenced in writing signed by both parties, said agreement shall expire
November 30 , 1996, at midnight.
2, PERSONNEL. McLAURIN shall staff the operations of the parking
facilities with sufficient competent personnel employed by McLAURIN to ensure that the parking
facilities are operated in a safe and courteous manner and McLAURIN shall ensure all said
personnol arc adequately trained and supervised..
3. HOURS OF OPERATI~, The hours of operation for the parking
fil.cilities are expected to be from 7:00 a.m. to 11 :00' p.m, seven days each week, induding
holidays, however, the hours of operation may be changed upon written agreement of both
parties, McLAURIN sba1l provide staffing for the facilities, including the manning of the two (2)
exit booths.
4. MA.'N'AGEMEN'l. McLAURIN will provide the following services:
A. Dcvdop staff requirements and provide instrUctions on
general cashiering procedures.
B. Develop outline specifications for audit/transaction report
needs.
C. Consult with City A..dministrator and City Comptroller to
d~elop necessary daily and monthly reporting
requirements. '
D. Develop written instructions to be given to each employee
emphasizing superior customer service.
E, Develop specifications for re~ar litter pick up and ensure
that McLAURIN'S employees maintain the parking facilities in a clean and
neat condition at all times free and clear of any litter or debris, although
::
.Jt..-;
~ -i
I
i
power sweeping or washing will be at CITY'S expense provided that the
Contract Administrator gives prior approval for such sweeping or washing
on each occasion.
F. Develop procedures for collection of monthly parking fees
and maintenance of appropriate records,
G. Provide an on-site manager employed by McLAURlN to
perfonn duties as specified in this proposal and other duties that may be
agreed to during future discussions. Duties of the manager include
personnel training and supervisioD, auditing and reporting financial
information, identification and response to equipment problems, and
emphasis on outstanding customer service by all employees.
H. A senior staff member will meet with CITY representatives every four to
six weeks. Topics for discussion will include promotional ideas, other
CITY parking conditions that affect the viability of the CITY parking
program, and the effectiveness of ongoing parking operations.
I. Maintenance of parking control equipment. McLAURIN will
provide regular maintenance service and minor repairs to all parking ,
cootrol equipment including ticket printers, gates, fee computers, and
access control equipment The CITY will be responsible for supplying
replacement parts and outside repair services to major equipment
components as necessary for all City owned equipment.
1. Provide adequate trained personnel to operate tbe parking facilities, to
account for all revenues derived therefrom and deliver the Same to CITY
and to maintain said parking facilities at all times in a clean, 'orderly, and
reasonably safe conditioo.
K. McLaurin will provide and install a TD-249 Ticket Spitter, yellow, for the
parking facility. This expense will be amortized over one year's time, at
which point it will become the property of the City of Augusta.
3
.l
..
15:03
P.05/10
McLAURIN PRRKING ~ ~ax:919-821-8027
Ctt 10 '95
S. ADDITIONAL MANAGEMENT CONDITIONS. McLAURIN agrees
that during the term of this Agreement, it shall operate the parking facilities in accordance with
the terms of a Construction, Operating and Easement Agreement between THE CITY COUNCIL
OF AUGUSTA (the "City"), the DOWNTOWN DEVELOPMENT AUTHORITY Of
AUGUSTA (the "Authority"), and AUGUSTA HOTEL ASSOCIATES PARTNERSHIP (the
"Partnership") and such uniform, non-discriminatory rules and in accordance with regulations as
may be adopted from time to time by CITY. No barricades, curbs, gates or other obstacles shall
be erected which block or prohtbit the free flow of traffic through the entrances, exit~ ramps, and
driveways within the parking facilities; provided, however, that nothing herein shall prohibit (i) the
erection of such curbs aDd other control or safety improvement devices which may be necessary
to control and direct pedestrian and vehicular traffic within the parking, facilities; (li) such
temporary closing of the parking facilities as may be necessary for the cleaning, repair and
maintenance of the same as required from time to time; or (ill) ,the erection of such toll booths
and/or entrance and exit gates as are required to limit access to the parking facilities to authorized
permittees and to collect rents due for the use of the parking facilities or (IV) the temporary
closing from time to time of that portion of the first level of the parking deck which can be
converted for use as an exhibition hall in connection with the use of such area for such purposes
by the operator of the abutting conference center (the "Conference Center Operator").
6. RENTS FOR SPACES. Throughout the term of this Agreement, CITY
shall have the exclusive right to set the rents for use of the parking spaces within the parking
facilities. The rent schedule shall be applied in a uniform and non-discriminatory manner except
nothing herein shall prohibit the charging of a premium for reserved parking spaces.
7. ALLPC~TION OF SPACES. CITY shall designate not less than one
hundred fifty (150) parking spaces within the parking facilities for first priority use by the guests
of the adjacent Radisson Hotel; not less than three hundred fifty (350) parking spaces for first
priority use by tenants of the adjacent office building and their employees' and invitees: and not
less than twenty (20) spaces for first priority use by customers of the retail space located in said
adjacent office building and hotel. CITY shall advise McLAURIN of the location of such priority
spaces and McLAURIN shall use its best efforts to preserve such spaces for use by the intended
, '
parties. Such spaces shall be located within the Parking Deck as conveniently as reasonably
practicable for the designated users thereof Use of such designated parking areas by Hotel guests
and by employees and invitees of office building tenants shall be subject to all rules and
regulations applicable to the parking facilities as may be in effect from time to time, including the
4
,AlP
.. ,
'l'
payment of applicable parking charges or rents. McLAURIN shall not grant any other exclusive
or priority rights to anyone without the written consent of CITY,
8. SPECIAL PARKING NEEDS. It is recognized by CITY that the hotel
developer may, from time to time, require additional parking spaces on a short-term basis in
connection with special events or functions to be held at the hotel or the conference center. When
such needs are identified. hotel developer or the Conference Center Operator shall notifY CITY
and McLAURlN, as the operator of the parking facilities, as far in advance as possible and
McLAURIN will use its best efforts to accommodate such requirements, provided that nothing
herein shall require or authorize McLAURIN to displace or remove from the parking areas rent-
paying customers or others entitled to use the parking facilities.
9. USE OF EXHIBITION AREA. Approximately twenty thousand (20,000)
square feet of space located on the first or ground level of the parking deck shall be made
available to the Conference Center Operator on an as needed basis for use as an exhibition hall in
connection with meetings being conducted at the Conference Center or Hotel. The location of
such convertible space is as shown on the Preliminary Parking Design Plans. The Conference
Center Operator shall notify McLAURIN, as the operator of the parking facilities, as far in
advance as possible of its need for such space and McLAURm will use its best efforts to
accommodate such requirements' provided that the Conference Center Operator assumes full
responsibility for all arrangements in connection with the use of such portion of the parking, deck
as an exh.ibition area and agrees to dismantle all exhibits and remove aJl furnishings, equipment,
trash and debris from such area upon completion of any use of such area as an exhibition hall.
10. MAINTENANCE OF PARKING IMPROVEMENTS. McLAURIN shall
maintain the parking improvements, excluding related landscaping which shall be maintained by
CITY, in clean and sightly condition and in such a manner as will maintain the appearance of the
parking area in substantially the same condition as when it is initially completed, normal wear and
tear excepted.. McLAURIN shall remove all papers, debris and refuge (except in connection with
the use of the exhibition area, the clean up responsibility for which shall belong to the Conference
Center Operator). MclAURIN shall advise CITY of the presence of any holes and cracks in the
concrete or paved surfaces, the presence of snow, ice, surface water, or other obstruction.s in the
facility, and the need for cleaning, maintaining or re-Iamping of light fixtures as needed. McLaurin
shall advise City of the need for remarking of parking space lines, and other required pavement
markings. McLAURIN will facilitate repairs and maintenance as stated above as directed by the
Contract Administrator or the City Administrator at CITY'S expense.
5
MCLAURIN PARKING C~' Fax:919-821-8027
Ctt 10 . ~ 1.:::4
:: _ J7.r:O
11. HOURS OF OPERATION. Except for t~zt! c.L--."tS IS ~mduJ as
aforesaid, the parking facilities shall be kept open and lighted twenty-foGr (2~, I:oJrs a Gty. seven
(7) days a week, fifty-two (52) weeks a year.
12. SUPPLIES. McLAURIN will provide all pIpCr ..~ l~gJ in the
operation of the parking facilities including specifically but not -, f.,';.....:l} p-ri~ tl.leu,
reporting papers, account report fOrIl18, and replacement ticket!.
13. PUBLIC RELATIONS. The CITY and McLAL~ ~'':Y~ thai the
operations of all CITY parking facilities must be accomplished in a c:atMrjk "'-1 ...-----.10 as to
engender good public ro1a~oDS for the CITY, and all of McLAIJR.Iro.""S IS>~"'-" ... be
properly dressed and mendly and courteolti to all those using said }MI ~ ~
14. LAWFUL OPERATION. The parking ~ wi( be apcared as a
public parking garage available to members of the general public on a fir3r COIIIII: fiat JIe::f'Rd basis
on an hourly, daily, or monthly basis, except as provided in Paragraph 7 ~ T1Ie ..4.Q81IU1l
Riverfront Radisson Hotel will be permitted to rent eighty (80) spaces on a ~I.lII! ~
15. PAYMENT FOR SERVICES. The CITY mar f'OO"tae tc l6::L.."-URIN
reimbursement and payment for services rendered by the fiftP.Mlth of cadt awmtfT fOr: the cost
jncurred during the previous momh not to exceed the following:
A An amount equal to $8.30 per hour per atteod2nt fir cadl ~ eX
operation as set fonh in paragraph cumbered 3 ~ '\hf' .ArRTN sball
ensure that at least one attendant is on duty at II times.ta..u ;..-=. eada!tour of
operation. If requested by CITY, MclAURIN wil &.u ...;..J.l ~ i>c
duty at other times the facilities are open for ~ ..: DIif be paid
$8.30 per hour for each cashier on duty during mctt :ldrim.~!Ian of
, operation.
B. Mariagement Fee - Twenty Three Thousand FOOL R.1I...&etI Fetty Eight and
no/lOO ($23,448.00) Dollars, annually payable E: the rom: af~ TlIorJa'1'ld
Nme Hundred Fifty Four and DollDO (Sl,954.00) DOibrs per mnI'lf\
C. Insurance Reimbursement - Reimbursement for p!~'~'1llrC fir ~4IIILo4;;
coverage required to be provided to CITY bea~ ~ ~.
6
i"'c LRJ< l ~ ::q;.~:.,€ ,. :r:.x : -= : 3-e:: : - EC'2 7
-.
Oct 10 '95 15:05
P.'08ilO ./ .
0,
that s:ch ~ shall not exceed $342.00 per month during the
fine ,.r cf the lease term, Should any such reimbursement fur
imur:~~ premiums to be paid by ClTY be increased at any time after the
firn ~ cf the Ica5e term, the CITY shall have the right to release
~fd.AL"'R.N from its obligation to provide such insurance coverage for
OTY as &::mmed ensured by written notice mailed to McLAURIN by
c:::rtitiJ:d mail, returned receipt requested.. In the event CITY elects to
~ Mcl.AI:RlN from such obligation to provide insurance. it shall
have mobiig.ltioo to make any further reimbursement to McLAURIN for
m,Jr:1'"Ce il1~J$. Absent written notice from CITY referred to abovet
~ br::rCn sba.U rdease McLAURIN from its obligation to provide and
U1~..r~rl s.u:h insurmce coverage with CITY being listed as a named
eIlS.IRd
D,
_~:-;uriunafTd.et SpitteJ: - Four Thousand Four Hundred Sixty Four
and IlD10C DoIm (S4t464.00) annually payable at the rate of Three
Eimdra:i Seventy Two and no/lOa Dollars ($372.00) per month.
- ::J--"-~
? -
/l, -.:-
~
.....
~--~~ as specified in Section 3E - Six Thousand Five Hundred Four and
ncilCeJ DoiIars (S6.504.00) annually payable at the rate of Five Hundred
Fart'!'Two and 00'100 Dollars ($542.00) per month.
16. CAP'IT AL E:.X.P~'IDITURES AND UTILITIES. The CITY shall assume
responsibility fur all ~T ~,.;mrres, such as parking control equipment (except as specified
in 15D ~).. 1~'CIII.lI: c:::Jl1[I'O{ eqoipmem and the booths, as well as utility costs; provided
howeve.r, tbt Md..AL~ snarr oe responsible for any damages to same due to neglect or
McLAURL,;'$ faifure to ~ ~l:o opeme, maintain and safeguard such equipment.
i i _ ~-st::R.. ~ McLAURIN shall furnish a public liability insurance policy
issued by an ~ ~ubie:o the CITY which shall provide general liability coverage of
SltOOO,OOO.OC. ~ ~5 ~ coverage of $1,000,000.00 and Umbrella excess liability
in the J1.rTI(nr'11' of s:.,OOC,OCc-.OO, and shaIl name CITY as a name ensured. Acceptable levels of
workers' ~'~ .no ~Jr"?IV.e CO"r-enge as required by the State of Georgia will be carried by
McLAlJRIS on all mciJ. ~ at its ovro expense.
7
McLAURIN PARKmG rK. F'ax:919-821-8027
(,
Oct 10 '95 15:06
P.~/10
18. INDEMNITY. McLAURLN agrees to hold the CITY. its successors and
assigns harmless against liability arising out of its performance or failure to perform any services
required pursuant to this agreement including reasonable attomeys' fees and expenses of litigation
incurred by CITY in defense of any claim of liability arising out of McLaurin's performance or
tailure to perform any services required pursuant to this agreement.
19. ASSIGNMENTS. The interest and responsibilities of the parties to this
agreement may not be assigned by any party without written consent of the other party, which
consent shall not be unreasonably withheld.
20 NO JOINT VENTURE OR PARTNERSHIP. Nothing contained in this
Agreement shall be construed to create the relationship between the parties hereto or the
beneficiaries hereof of principal and agent, of partners, of joint venturers, or of any association
with each other or, so as to. render any of such parties liabl~ for the debts or obligations of the
other.
21. REGULATIONS. McLAURIN and CITY shall comply with all Federal,
State; and local laws, statutes, ordinances, and regulations as applicable to this Agreement.
22. CONTRACT AD:MINISTRA TOR. The CITY will appoint a Contract
AdrnUUstrator for this contract. McLAURIN will be informed in writing of any changes in the
Contract Administrator. This initial Contract Administrator will be:
Bill Fair
Office for'Community Development
City of Augusta
1 Tenth Street, Suite 430
Augusta, Georgia 30901
23. MODIFICATION.' This Agreement may only be modified by written
mutual consent of McLAURIN and the CITY.
24. SEVERABILITY. In the event any provision contained in this Agreement
is in conflict with any provision of the Construction, Operating and Easement Agreement
heretofore entered into between CITY, the Authority and the Partnership or should be construed
so as to adversely affect any tax-free financing used to finance the construction of the said parking
8
(.
.,
.~. -...
,.
facilities, such provision 5ball be declared void and of DO effect and the remaining provisions shall
remain in full force and effect,
25. CUSTOMER INCIDENTS AND PROPERTY DAMAGE. McLAURIN
shall inunediately report any patron incident, accident, injury or complaint or property damage to
the Contract Administrator.
26. PROTOCOLS FOR OPERATION. McLAURIN and the CITY agree to
develop operating protocols for the parking service, and to periodically review and update the
operating protocols to ensure efficient and effective operation of the programs.
27. l<EEPING OF RECORDS AND INSPECTION TIfEREOF. McLAURIN
shall keep current detailed records, in accordance with good accounting practices of all income
and disbursements received or made in connection with its management of the parking facilities
and shall permit agents or employees of CITY to inspect such records in Augusta, Georgia during
the business hours of any business day.
28. CANCEllATIQN. This Agreement may be canceled at the mutual
consent of the parties.
McLAURIN PARKING COMPANY'
Date:
December 1, 1995
By:
w~/fl1~l
t1
William L. McLaurin, Jr.
Vice President
'\
mE CITY COUNCIL OF AUGUSTA
Date:
December 1, 1995
BY:~
Charles A. De V aney
Mayor
Attest:
9