AGREEMENT -AMENDMENT NO. 2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND LAZ PARKING CALIFORNIA, LLC
This Amendment No. 2 to Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC (the “Amendment”) is entered into this ___ day of ________ 2022, by and between the City of Salinas (the "City") and LAZ Parking California, LLC, (the "Operator"). The City and Operator may be individually referred to herein as a "Party" and collectively the City and Operator may be referred to as the "Parties."
RECITALS
WHEREAS, the City and the Operator first entered into an Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC effective November 20th, 2018, pursuant to which Operator agreed to act as and provide certain services to the City for compensation (the "Agreement"); and WHEREAS, the City and the Operator amended the Agreement for Professional Services Between the City of Salinas and LAZ Parking California, LLC on December 8th, 2020, to which the Operator agreed to extending the term through December 31, 2024, and reducing the annual compensation cost not to exceed stemming from speculation of the impacts from COVID-19 pandemic on demand for parking in the Monterey Street Garage (the “Amendment 1); and WHEREAS, the City and the Operator desire to amend the Agreement. The impacts from the COVID-19 pandemic on downtown parking demand may have been overestimated. Transient Parking increased by 173% from 2020 to 2021 and 42% from 2021 to 2022. The increase in parking demand has resulted in the need for additional customer service and security.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
The Agreement, Section 3. Compensation is amended and restated in its entirety and replaced with the following:
3. Compensation: City hereby agrees to pay the Operator for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of or as set forth in Exhibit C. The total amount of compensation to be paid under this Agreement shall not exceed three hundred fifty-five thousand dollars ($355,000) per year (January to December).
The Amendment 1, Section 4. Payment is deleted in its entirety.
The Amendment 1, Attachment B- Draft Scope section, is amended and restated in its entirety as follows:
Attachment B-Scope of Work. City and Operator agree that the operator will schedule staff to keep the Monterey Street Garage open to the public during the hours of operations. The operator will provide services as set forth in this agreement during the Hours of Operation. The Hours of Operations shall be set as follows:
Monday-Friday 5:30am – 2:00am
Saturday-Sunday 8:00am – 2:00am
The Agreement’s (page 58 of 65) Attachment B, to the Exhibit E-Request for Proposals, Scope of Work section is hereby amended to reflect the Hours of Operation as defined in 3 above.
The operator shall provide a performance bond for the duration of the contract. A Performance Bond shall be in a sum equal to the annual contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
The Operator’s Performance Bond, may be in the form of a bond executed by an admitted surety insurer, made payable to the City in the form of the bonds in the Contract documents. The Power of attorney for the attorney-in-fact of the surety must be current, contain an authorization to bind for at least minimum dollar amount of the bond, and be attached to the bond. The signature of the attorney-in-fact must be notarized.
All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Operator have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
LAZ PARKING CALIFORNIA, LLC
____________________________________
Printed name: ________________________
Title: ________________________________
Version: January 2021