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Item C07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2015 Division: Airports Bulk Iran: Yes XX No Staff Contact Person: Don DeGraw/Pedm Mercado AGENDA ITEM WORDING: Approval of an amendment to the Management Agreement for Parking Lot Management at Key West International Airport (EWIA). ITEM BACKGROUND: USA Parking System, Inc. (USA Parking) recently changed its credit card processing service company from Chase to Heartland Payment Systems. The management agreement the county has with USA Parking requires USA Parking to dolman revenues no later than the next business day in an account of and to the credit of the Board of County Commissioners. At the end of the month USA Parking provides a Monthly Activity and Gross Revenue summary along with the commensurate payment. However, unlike Chase, Heartland will not allow the daily deposits to be placed into a separate bank account not belonging to the merchant of records, USA Parking. The amendment will allow USA Parking to make daily deposits in to the USA Parking account, thereafter, the county will continue to receive its monthly payment along the contractually required Monthly Activity and Gross Revenue summary. PREVIOUS RELEVANT BOCC ACTION: Approved an initial 3 year contract with USA Parking System Inc at the Board's regularly scheduled November 2010 meeting. Approved the 2 year renewal agreement in 2013. CONTRACT/AGREEMENT CHANGES: Allows USA Parking to deposit daily revenues in USA Parking's account with Heartland Payment Systems. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: 0 BUDGETED: Yes XX No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes Na AMOUNT PER MONTH $ YEARS APPROVED BY: County Risk Mat Atty;OMB/Purchasing C4� angemen#` DOCUMENTATION: Included XX Not Required- DISPOSITION-- I— AGENDA ITEM # SECOND AMENDMENT OF MANAGEMENT AGREEMENT FOR PARKING LOT MANAGEMENT SERVICES THIS SECOND AMENDMENT OF MANAGEMENT AGREEMENT FOR PARKING LOT MANAGEMENT SERVICES (this "Second Amendment") is made as of the 6th day of May, 2015, by and between MONROE COUNTY, a political subdivision of the State of Florida, owner of Key West International Airport ("Owner") and USA PARKING SYSTEM, INC,, a Tennessee corporation ("Operator"). A. Owner and Operator are parties to a certain Management Agreement for Parking Lot Management Services dated November 17, 2010, as modified by a certain Renewal of I Management Agreement (First Amendment) for Parking g Lot Management Services dated effective December 1, 2013 (as so modified, the "Agreement"), pursuant to which Operator manages the Owner's parking facility located at Key West International Airport in Key West, Florida, all as more particularly described in the Agreement (the "Parking Facility"), and K Owner and Operator desire to amend the Agreement upon the terms and conditions herein set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, duly authorized and intending to be legally bound, agree as follows-, 1. RECITALS- DEFINED TERMS. The foregoing Recitals are true and correct and are incorporated into this Second Amendment, All capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless such terms are expressly defined otherwise herein, 2. CREDIT CARD REVENUES. Notwithstanding any contrary provision in the Agreement (including, without limitation, Section 3 therein), Owner hereby authorizes Operator to commence collecting and depositing all Gross Revenues collected through credit card transactions (the "Credit Card Revenues") directly into Operator's federally insured bank account. At the end of each month, concurrently with submittal of its Monthly Activity Report, Operator shall deposit into Owner's designated bank account the Credit Card Revenues collected by Operator in the preceding month, Operator's Monthly Activity Report submitted pursuant to Section 3 of the Agreement shall include a statement of the Credit Card Revenues collected by Operator in the preceding month and deposited into Owner's account, N L aiiop.52140 3. NO OTHER CHANGES. Except to the extent expressly modified by this Second Amendment. all of the terms and provisions of the Agreement are hereby confirmed and remain in full force and effect. IN WITNESS WHERE -OF. the parties have executed and delivered this Second Amendment as of the date first above written. 0W7,JER- OPERATOR Board of County Commissioners USA Parking System, Inc. of Monroe County, Florida r. By BN: Name. Narne: William H Bodenhamer, Jr. Title Title President Attest as to Monroe County - County Clark A t1,-0 A� in C)n,-rqtnr N TO 20199 -21;2-�5JCBN I doc cawmt 5, 140