HomeMy WebLinkAboutACE PARKING MANAGEMENT - 2004
N-2004-038
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WORK MAY NG PROCEED
CLERK OF ÇOU~CIL
(!; èn~Jc ') DATE:'') //,2, Ie. '-( CONSULTANT AGREEMENT
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,r::;1\.," THIS AGREEMENT, made and entered into this .;>0 day of March, 2004 by and
fA between Ace Parking Management, Inc., a California Corporation (hereinafter "Consultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
operating and managing public parking garages.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the perfonnance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services perfonned by Consultant under this
Agreement will be perfonned in compliance with such standards as may reasonably be
expected from a professional consulting finn in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
tenns and conditions hereinafter set forth, the parties agree as follows:
1.
SCOPE OF SERVICES
Consultant shall perform manage, operate, supervise and maintain the certain City owned
parking facilities as set forth in Exhibit A to this Agreement. Consultant agrees not to use or
pennit the use of the facilities for any other purpose, nor to engage in or pennit any other
business activity within or from the subject parking facilities.
2.
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, a
Management Fee in the amount of Nine Hundred Ninety Five Dollars ($995.00) per month, as
set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed
$10,000.00 during the term of this Agreement.
3.
TERM
This Agreement shall commence on April I, 2004 and shall continue through December
31, 2004, unless tenninated in accordance with Section 12, below. The term of this Agreement
may be extended upon a writing executed by the Executive Director of the Community
Development Agency and the City Attorney.
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4.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant perfonns the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5.
INSURANCE
Prior to undertaking perfonnance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Garage Liability including Contractual Liability Coverage against liability for
property damage and/or bodily injuries (including death) with combined single limits
of not less than Two Million Dollars ($2,000,000.00).
b. Garagekeeper's Legal Liability Insurance for the benefit of the City and Operator
against claims, liabilities, losses or suits covering exposures for loss of or damage to
vehicles from fire, explosion, theft, collision, riot, civil commotion, malicious
mischief or vandalism, with limits of Two Million Dollars ($2,000,000.00). This
coverage shall be subject to a deductible provision of not more than One Thousand
Dollars ($1,000.00) for each loss.
Each Garage Liability and Garagekeeper's Legal Liability insurance policy required
by this agreement shall contain the following three clauses:
(a) "The City of Santa Ana, its officers, agents, employees, representatives and
volunteers are added as additional insureds as respects operation of the named
insured at each of the parking garages managed by the Consultant for the City
(locations at Broadway and Third Street, Fifth Street between Bush and French
Streets, Fifth and Main Streets, and Birch and Third Streets)."
(b) "This insurance shall not be cancelled, limited in scope of coverage, or
nomenewed until after thirty (30) days' written notice has been given to the City
of Santa Ana."
(c) "With respect to claims arising out of the operations and uses perfonned by or on
behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried
by or for the benefit of the additional insureds."
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c. Crime bond coverage with limits of not less than Ten Thousand Dollars ($10,000.00)
providing coverage for loss of money (including checks and drafts) by robbery or
burglary on or offthe garages, subject to a deductible of not more than Five Hundred
Dollars ($500.00) for each loss.
d. Employee Fidelity coverage with limits of not less than One Hundred Thousand
Dollars ($100,000.00) subject to a deductible of not more than Five Hundred Dollars
($500.00) for each loss.
e. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to
be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the perfonnance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
f. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in fonn by the City Attorney.
Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(ii)
(iii)
g. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of tennination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the tenns of or effects
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arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the tenns
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the tenns of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7.
CONFIDENTIALITY
If Consultant receives from the City infonnation which due to the nature of such
infonnation is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such infonnation except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own infonnation of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic infonnation. Confidential infonnation includes not only written
infonnation, but also infonnation transferred orally, visually, electronically, or by other means.
Confidential infonnation disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or ( e) is independently developed by the Consultant without
reference to infonnation disclosed by the City.
8.
CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with perfonnance of services specified under
this Agreement.
9.
NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
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telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Ace Parking Management, Inc.
645 Ash Street
San Diego, California 92101-3211
Attn: Scott A. Jones
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the tenns of this Agreement and any attachments hereto, the
tenns of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that tenns and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
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promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement perfonned by City personnel or by other consultants retained by City.
12.
TERMINATION
This Agreement may be tenninated by the City upon thirty (30) days written notice of
tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services perfonned by Consultant prior to receipt of such notice of tennination,
subject to the following conditions:
a. Payment need not be made for work which fails to meet the standard of perfonnance
specified in the Recitals of this Agreement.
13.
DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14.
JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, perfonnance, and enforcement of any of the clauses of this Agreement
shall be detennined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15.
PROFESSIONAL LICENSES
Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses,
pennits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall comply with all
Police, Fire and sanitary regulations imposed by any US, State or City authorities, or made by
property insurance companies. Consultant shall notify the City immediately and in writing of
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her inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions.
Said inability shall be cause for termination ofthis Agreement.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
(' -'-'--~"" ,
,
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TRICIA E. HEALY
Clerk of the Council
AVID N. REAM----
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
/' - '
By:~~~0;o;jl
Lm.!rÍl Sheedy'
Assistant City Att°I'IfY
RECOMMENDED FOR APPROVAL:
CONSULTANT
J~EKST~
Executive Director of the
Community Development Agency
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EXHIBIT A
SCOPE OF SERVICES
I. Consultant shall manage, operate, supervise and maintain the following public parking
garages (hereinafter "Premises") economically, diligently, and effectively:
a. Parking Garage No.1: A 439-space garage existing on the northeast corner of
Broadway and Third Street.
b. Parking Garage No.2: A 700-space garage on the south side of Fifth Street between
Bush and French Streets.
c. Parking Garage No.3: A 375-space garage on the southeast corner of Fifth and Main
Streets.
d. Parking Garage No.4: A 400-space garage on the southeast corner of Birch and
Third Streets.
Consultant shall not use or permit the use of the Premises for any other purposes, nor engage in
or permit any other business activity within or from the Premises.
2. DEFINITIONS
For purposes of this agreement the following meanings shall apply:
a.
"Executive Director" means City's Executive Director of the Community
Development Agency.
b.
"Gross Revenue" shall mean the total amount of all parking receipts, admissions,
rentals, and other fees of any nature or kind charged, received or collected by
Consultant in the course of operating the Premises, whether such monies are
received at the Premises or elsewhere.
c.
"Operating Expenses" shall mean the following expenses in connection with the
operation of the Premises:
(I)
Usual salaries, wages, benefits, and employment-related costs for on-site
employees.
Taxes (excluding State and Federal income taxes).
All expenses of complying with the requirements of all Federal, State and
local laws and regulations.
All expenses of maintaining and repairing the Premises including, without
limitation, cleaning of surface area, maintaining parking equipment,
striping, line painting, elevator maintenance, and landscaping, including
the cost of any service subcontracts for such work.
(2)
(3)
(4)
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(5)
Public utility charges for any electric power which is metered for
consumption on the Premises.
The cost of tickets, uniforms, and supplies used on-site and/or in the
equipment of the Premises.
The cost of signs and sign painting.
Telephone expenses incurred in connection with the operation and
management of the Premises.
Costs of insurance required by this agreement.
(6)
(7)
(8)
(9)
d.
"Management Fee" means the monthly compensation due to Consultant pursuant
to Section 2 of this Agreement.
3. COLLECTION OF REVENUES AND PAYMENT OF EXPENSES
a.
Consultant shall deposit daily in a separate, interest-bearing account in a chartered
bank approved by City all Gross Revenue received by Consultant in the
performance of this Agreement.
b.
Consultant shall promptly pay, when due, all operating expenses. All such
expenses shall be promptly paid by Consultant from the Gross Revenues
deposited pursuant to Section 3.a. If Gross Revenues previously collected are
insufficient to pay the expenses, City shall promptly pay the deficiency to
Consultant, upon submission of the monthly statement specified in Section 3.d.
c.
On or before the tenth (loth) day of each month, Consultant shall remit to City the
funds remaining after deducting from Gross Revenues the Operating Expenses
and Management Fee for the preceding month.
d.
Simultaneously with the remittance referred to in Section 3.c., Consultant shall
deliver to City a statement showing in reasonable detail the amount of Gross
Revenues received and direct Operating Expenses, as well as a Gross Revenue
summary. Also, simultaneously with said remittance, Consultant shall deliver to
City a copy of each bank statement showing deposits and withdrawals from the
account established pursuant to Section 3.a. received by Consultant since the last
previous date of payment of the said remittance.
e.
Consultant hereby acknowledges that delinquent deposits of gross receipts and/or
payment of operating expenses and accounting therefore, or any other sums due
hereunder will cause City to incur costs not contemplated by this agreement, the
exact amount of which will be extremely difficult to ascertain. Such costs
include, but are not limited to, costs such as administrative processing of
delinquent notices, increased accounting costs, etc. Accordingly, if gross receipts
are not collected, deposited, and accounted for and/or payment of Operating
Expenses are not promptly paid in the manner specified in Section 3.a., a
delinquent charge of Twenty-Five Dollars ($25.00) each occurrence shall be
deducted from the Management Fee due Consultant as specified in Section 2 of
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the Agreement. Consultant and City hereby agree that such charges represent a
fair and reasonable estimate of the costs that City will incur by reason of
Consultant's delinquencies. Deduction of such charges by City shall in no event
constitute a waiver of Consultant's default with respect to such delinquencies, nor
prevent City from exercising any of the other rights and remedies granted herein
or by law.
f.
Consultant shall not incur operating expenses, except in accordance with a written
budget approved by the Executive Director.
4. RECORDS AND AUDITING
a.
Consultant shall, at all times during the tenn of this Agreement, keep or cause to
be kept, true and complete books, records and accounts of all financial
transactions in the operation of all business activities, of whatever nature,
conducted in pursuance of the rights granted herein. The records must be
supported by source documents such as sales slips, cash register tapes, purchase
invoices or other pertinent documents.
b.
Except as otherwise provided herein, all parking charges shall be recorded by
means of cash registers or other comparable devices as provided for Consultant's
use by City which display to the customer the amount of the transaction and
automatically issue a receipt. The registers shall be equipped with devices which
lock-in parking charge total and other transaction numbers and details. Totals
registered shall be read and recorded at the beginning and end of each day. Cash
register tapes, tickets and reconciliation of the preceding day's transaction shall be
submitted to the Executive Director monthly. Consultant shall issue serially
numbered tickets for each admission, and shall keep an adequate record of said
tickets, both issued and un-issued, and shall be responsible for the distribution and
collection of monthly parking card and monthly revenues.
c.
Consultant's book of account, records and supporting source documents related to
the Agreement or to business operations conducted within or from the Premises
shall be kept and made available at one location within the limits of the County of
Orange, California. City shall, through its duly authorized agents or
representatives, have the right to examine and audit said books of account,
records, and supporting source documents at any and all reasonable times for the
purpose of determining the accuracy thereof, and of the monthly statements of
sales made and monies received.
d.
The Executive Director at his sole discretion, upon request of Consultant, may
authorize the above-referenced books and records to be kept in a single location
outside the limits of Orange County provided Consultant shall agree to pay all
expenses including, but not limited to, transportation, food and lodging necessary
for the Executive Director to send a representative to audit said books and
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records. Said right shall not be exercised by the Executive Director more than
twice each accounting year.
e.
The full cost of said audit, as determined by City, shall be done by Consultant if
either or both of the following conditions exist:
(I)
The audit reveals an underpayment of more than five percent (5%)
between the balance of revenue due as reported and paid by Consultant in
accordance with this agreement, and the balance of revenue due as
determined by said audit.
Consultant has failed to maintain true and complete books, records,
accounts and/or supportive source documents in accordance with this
Agreement. The adequacy of records shall be determined at the sole
discretion of the Executive Director. Otherwise, City shall bear the cost of
said audit, excluding the aforementioned expenses related to audit of
documents kept outside the limits of Orange County.
(2)
f.
Upon the request of City, Consultant shall promptly provide, at Consultant's
expense, necessary data to enable City to fully comply with any and every
requirement of the State of California or the United States of America for
information or reports relating to this Agreement, and to Consultant's use of the
Premises. Such date shall include, if required, a detailed breakdown of
Company's receipts and expenses.
5. MAINTENANCE AND REPAIR
a.
Consultant shall keep Premises in a safe, clean, sanitary and attractive condition.
Consultant shall be responsible for sweeping and cleaning, including removal of
graffiti, and for the maintenance of landscaping, if any, in or on the Premises, on a
regular basis.
b.
Consultant shall keep and maintain in good and substantial repair, all paving and
striping, tire bumpers, drainage facilities, trash disposal facilities and lighting
fixtures (including maps).
c.
Consultant shall, to the satisfaction of the City, keep and maintain in good
condition and substantial repair, all signs, attendant booths, ticket dispensers, gate
mechanisms, cash registers, fee indicators, time clocks, detector loops, posts,
chains and fire extinguishers, garage elevators and restrooms.
d.
Consultant shall be responsible for the replacement of gate arms, posts and chains
as required by City, at the entrances or exits to the Premises.
e.
Consultant shall promptly notify City of any damage to or deficiency or defect in
any part of the Premises, or in any equipment, utility system or installations
therein, whether or not Consultant is obligated to repair the same.
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f.
If Consultant fails to maintain or make repairs or replacements as required herein,
City may notify Consultant in writing of said failure. Should Consultant fail to
correct the situation within a reasonable time thereafter, as established by City,
Consultant shall be deemed in default ofthis Agreement.
g.
At the expiration of this Agreement, Consultant shall leave the Premises in the
same condition as the Premises were in at the commencement hereof, reasonable
wear and tear excepted, and Consultant shall surrender all keys for the Premises to
City.
6. OPERATIONAL STANDARDS
Consultant shall operate and manage the Premises in a competent and efficient manner.
Consultant shall maintain a degree of service in operating the Premises which meets the
needs of the public, as determined by City, and shall strictly comply with the following
operational standards:
a.
Consultant shall at all times retain qualified, competent and experienced
personnel to supervise Consultant's operation and to represent and act for
Consultant. In conjunction with a proposed annual budget submitted to the
Executive Director, Consultant shall submit an operations plan indicating the
number of employees which will be required for the collection and accounting of
parking fees, security against vandalism and theft, and providing supervisory
services. The plan shall also include a comprehensive schedule of daily hours of
operation of the Premises. Consultant shall keep the Premises open for public use
in accordance with such plan, subject to such changes in hours, duties or numbers
of employees as may be requested by the City.
b.
Consultant shall charge for parking by the public at the parking rate fees set by
City.
7. MAJOR REPAIRS AND DAMAGES
a. City shall be responsible for any major repairs, surfacing and resurfacing of the Premises.
b. In the event of damage or destruction of any of the garages, which are part of the
Premises which, in the opinion of City, makes the continued operation of such garage
uneconomical, City may tenninate this Agreement as to such garage.
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,....-:-: CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
1 ACORDN
~RODUCER 10127/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham Insurance Svcs 11 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA Lie 0099753/750 B St, #2400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101
619231-1010 INSURERS AFFORDING COVERAGE NAIC#
INSURED Ace Parking Management, Inc. ¡J - dOOS -0 \ I INSURER A: Federal Insurance Co. 20281
INSURER B: Great American Insurance Co. 16691
Ace Parking, Inc. N -~col- Dole INSURER c:
645 Ash Street INSURER D:
San Diego, CA 92101-3299 INSURER E:
Client#. 795
ACEPAR1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
DATE MM/DDNY DA MMIODTYY
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
I
LTR NSR
PRODUCTS - COMPIOP AGG
.900 000
.900 000
.
.900 000
.2 000 000
.2 000 000
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [!] OCCUR
35776481
$100,000 SIR
11/01/04
11/01/05
EACH OCCURRENCE
DAMAGE TO RENTED
M "
MED EXP (Anyone per:;on)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
LOC
A
A
X ANY AUTO
ALL OWNED AUTOS
73500390
73508989TXAUT
$100,000 Deduct
11/01/04
11/01/04
11/01/05
11/01/05
COMBINED SINGLE LIMIT
(Ea ac:c:ident)
'1,000,000
BODILY INJURY
(Perper:;on)
.
SCHEDULED AUTOS
X HIRED AUTOS
X NON-DWNED AUTOS
BODILY INJURY
(Perac:cidenlj
PROPERTY DAMAGE
(Peraccidentj
.
B
EXCESS/UMBRELLA LIABILITY
X OCCUR D CLAIMS MADE
35776481 11/01/04 11/01/05 AUTO ONLY - ËA ACCIDENT .
GarageKeep Legal Limit $2,900,000 OTHER THAN EA ACC .
$100,000 SIR AUTO ONLY: AGG .
TUU3578454 11/01/04 11/01/05 EACH OCCURRENCE .10000000
AGGREGATE .10000000
A
GARAGE LIABILITY
ANY AUTO
.
.
DEDUCTIBLE
X RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER Property
Blkt Equipment
Deductible
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Lot 721,722,723 & 724: 3rd & Broadway, 5th & French, 310 N. Birch
St., and 410 N. Main, Santa Ana, CA
Certificate Holder is Additional Insured for General Liability as respects
premises leasedlmanaged by named insured per policy (form attached).
71603581
11/01/04
11/01/05
x
.
.0
A
E.L DISEASE. POLICY LIMIT
.1,000000
.1,000,000
.1,000,000
E.L EACH ACCIDENT
E.L. DISEASE - EA EMPLOYE
A
35776481
Special Form
11/01/04
11/01/05
$2,000,000
$2 500
rv
i\
'f::?/<ß~cÁ¡ LÓ
~. Laura Stitt ~
AS~lstant City'í\(!(~r"
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER W1LlEIIBL..Sfl TÐ MAIL -=- DAYS WRITTEN
20 Civic Center Plaza M-25 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Ðl;l'r r/ll::.1::JRE T6 Be. ~ô JIIAI:L
Santa Ana, CA 92702 IMPa~¿ uc OBblS''RsrJ en. ,-'''''DIU!' ur ....I~, 10116 UF'I3N-iiIE 1I..:!.un...I..."S ....e:.!:NTS-oR
~
AE;¡:~ESï1AllVE.
ACORD 25 (2001/08) 1 of 2
#M22232
LCR
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement( s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
APPROVED AS TO FUh;lj
~ ;zi3
/' ,
Lar ra Stitt .)tìC:"-lJ)
Assistant City /'-.tlorn.:\
ACORD 25-S (2001108)
2 of2
#M22232
,
Liability Insurance
Endorsement
Policy Number:
11-01-2004 -11/01/2005
35776481
Policy Period:
Insured:
ACE PARKING MANAGEMENT, INC.
FEDERAL INSURANCE COMPANY
Name of Company:
This Endorsement applies to the following forms:
GENERAL LlABLlTY
BLANKET
ADDITIONAL
INSURED
THIS ENDORSEMENT CHANGES YOUR COMMERCIAL GENERAL
LlABLlTY PROTECTION.
HOW COVERAGE IS CHANGED.
The following is added to "WHO is iNSURED" under this agreement
section. This change adds certain protected persons and limits their
protection.
Person or organization as required by contract. Any person or
organization who as required by contract that:
.
You make them a protected person under this agreement; or
Yqu hold them harmless;'
.
Is an Insured person and this protection oniy applies to the coverage and
limits that are required by contract.
All other terms and conditions remain unchanged.
Authorized Rearesentatlve
Liabilitv Insurance
Form BO-02-2373(Ed. 4-94)
BLKT ADD'L INSURED FOR LIABILITY
Endorsement APPROVED AS TO h,} ':vi
Ø_3/3 --
Laura Stitt SlìC\.:UY
Assistant City Aii~Jl n~\'
.
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE {MMlDDJYYYY}
1012105
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham SO 1610 A- ~t\5. Ll.~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
750 B Street, Suite 2400 A; - daY/-- D3% ALTER THE COVERAGE AFFORDED BY THE POLICieS BELOW.
San Diego, CA 92101
800421.6744 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Federal Insurance Company 20281
Ace Parking Management, Inc. INSURER B Great American Insurance Company 16691 I
645 Ash SI. INSURER c: ..
San Diego, CA 9210103299 INSURER 0:
INSURER E:
Clienl#' 795
ACEPARl
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQU:REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR
MAY PERT.'-\IN, THE INSURANCE AFFORDED BY THE POliCiES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, i\GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS
'Ll; tNSR~ TYPE OF INSURANCE POLlCY NUMBER Pn~i~~ri~f8~~E P'5~$Jlt~,l.,'W-reN UMITS
A G[!,ERAL LIABILITY 35776481 11/01/05 11/01/06 EACH OCCURRENCE ,gOO 000
- ~~~~fl:U? RENTED
x : COMMERCIAL GENERAL LIABILITY $100,000 SIR $900 000
=~::J CLAIMS MADE US] OCCUR MED EX? (An~ one pllraon) $Excluded
PERSONAl & AOV INJURY ,gOO 000
GENERAL AGGREGATE '2 000 000
.s.;_!'l'L AGG~EnE ,LIMIT APrilS PER PRODUCTS. COMP/O? AGG ,2 000 000
POLICY Pf2+ X LOC
A ~TOMOBILE LIABILITY 73500390 11/01/05 11/01/06 COMBINED SINGlE LIMIT
il ANY AUTO $100,000 Deduct. (Ellllccident) '1,000,000
~l ALL OWNED AUTOS BODilY INJURY ,
:-:-__' SCHEDULED AUTOS (Perpersonl
!S^1 HIRED AUTOS BODILY INJURY ,
~X ~ON..QWNED AUTOS (Peraceidentl
! PROPERTY DAMAGE ,
, (Per occident}
A (:: FAGE LIABILITY 35776481 11/01/05 11/01106 AUTO ONLY - EA ACCIDENT .
ANY AUTO $100,000 SiR OTHER THAN EAACC 52,900,000
-~l Garagekeepers Legal Liability AUTO ONLY: AGG ,
B ~~CSSJ\JMaRELLA LIABILITY TUU3578454 11101/05 11/01106 EACH OCCURRENCE '10 000 000
~ OCCUR D CLAIMS MADE AGGREGATE '10 000 000
-~, ,
__~ DEDucnBlE ,
X i RETENnON ,0 ,
A WORKFRS COMPENSATION AND 71603581 11/01/05 11/01106 X I T~v'lii,W, I IOJli
EMPLOYf,RS'L1ABILITY ,1,000,000
ANY PRC"RIETOR/PARTt>;ERlEXECUnVE E.L E,6.,CH ACCIDENT
OFFlcc"r,;EMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE. .1,000000
~~~c:~,~_"'Rbov:S1~rNS below E.l. DISEASE - POLICY LIMIT ,1,000,000
A OTHLF Com,Property 35796156 11/01/05 11/01/06
Equ:;'; lent! Prop. $50,000 Limit Each Loc.
Speci,,! Form $2,500 Deductibie
DESCRIPTION UI' OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ATTACHE) FORMS ARE APPLICABLE IF REQUIRED IN A WRITTEN CONTRACT WITH THE NAMED INSURED.
RE: Lot 721, 722, 723 & 724. 3rd & Broadway, 5th & French, 310 N. Birch
St., and 410 N. Main, Santa Ana, CA
Certificata Holder is Additional Insured for General Liability as respects
premises leased/managed by named insured.
CERTIFICATE HOLDER
CANCELLATION
City of Santa Ana
20 Civic Center Plaza M-25
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLEO eeFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURERWlLL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR L1ABtllTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 2S:Z001(08) 1 of 2
VSBRi
@ ACORD CORPORATION 1988
'.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
J#
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
~~ ;:/6
ACORD 25-$ (2001/08)
2 012
#M294355
"
Endorsement
[)ate Issued OCTOBER 20, 2005
Insured ACE PARKING MANAGEl\lENT, INC.
Policy No.
Effective [)ale
3577 .64-81
NOVEMBER 01, 2005
Name of Company FEDERAL INSURANCE COMPANY
Producer JOHN BURNlIAM & COMPANY
BLANKET ADDITIONAL INSURED
UNDER COMMERCIAL GENERAL LIABILITY AND GARAGE KEEPER LEGAL
LIABILITY COVERAGE, WHO IS AN INSURED, THE FOLLOWING PROVISION
IS ADDED:
ANY PERSON OR ORGANIZATION DESIGNATED BELOW IS AN "INSURED"
BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR OPERATIONS
OR PREMISES OWNED BY, MANAGED BY, OR RENTED TO YOU.
DESIGNATED PERSON OR ORGANlZATlON:
ANY PERSON OR ORGANIZATION WHERE REQUIRED BY A WRlTTEN CONTRACT
OR WHERE A CERTIFICATE OF INSURANCE SHOWING THAT PERSON OR
ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED.
All Other Terms and Conditions Remain Unchanged.
Endorsement
Date Issued OCTOBER 20, 2005
Insured ACE PARKJNG MANAGEMENT, INC.
Policy No.
Effective Dale
3577-64-8 I
NOVEMBER 01, 2005
Name of Company FEDERAL INSURANCE COMPANY
Producer JOHll BURNHAlI & COMPANY
W A/VER OF SUBROGATION
UNDER GENERAL LIABILITY CONDITIONS, TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US, THE FOLLOWING PROVISION IS ADDED:
HOWEVER, WE WAIVE THE RIGHT OF RECOVERY WE MAY HAVE AGAINST THE
DESIGNATED PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF PAYMENTS
WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF OUR ONGOING
OPERATIONS OR DONE UNDER A CONTRACT WITH THAT PERSON OR
ORGANlZA TION AND INCLUDED IN THE GENERAL LIABILITY OTHER THAN AUTO
ONLY HAZARD.
DESIGNATED PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT.
All Other Terms and Conditions Remain Unchanged.
~ 31(p
Endorsement
Dale Issued OCTOBER 20,2005
Insured ACE PARKING MANAGEMENT, INC.
ParleY No.
Effective Date
3577-64-81
NOVEMBER 01, 2005
Name of Company FEDEUL INSUllANCE COIIP AllY
Producer JOBll BIlRNlLIlI & COMP AllY
UNDER GENERAL LIABILITY CONDITIONS, THE FOLLOWING CONDITION IS ADDED:
Other Insurance - Primary Additional Insured: If you agree, in a written contract, agreement or
permit, to provide primary insurance for any person or organization included in Who Is An Insured, this
Other Insllrance - Primary Additional msured condition applies.
If other valid and colJectible insurance is available to the insured for loss we would otherwise cover under
this insurance, our obligations are limited as follows.
Primary Insurance. This insurance is primary. We will not seek contributions from any other insurance
available to the person or organization with whom you agree to include in Who Is An Insured, except when
the Excess Insurance provision applies.
Excess Insurance. This insurance is excess over any other insurance, whether primary, excess, contingent
or on any other basis:
A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance for your
work;.
B. that is insurance that applies to property damage to premises rented to you or temporarily
occupied by you with permission of the owner;
C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos
Or Watercraft exclusion);
D. that is insurance:
1. provided to you by any person or organization working under contract or agreement for
you; or
2. under which you are included as an insured; or
E. that is insurance under any Property section of this policy.
When this insurance is excess, we will have no duty to defend the insured against any suit if any other
insurer has a duty to defend such insured against such suit. Ifno other insurer defends, we will undertake
to do so, but we will not be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if
any, that exceeds the sum of the total:
amount that all other insurance would pay for loss in the absence of this insurance; and
if all deductible and self-insured amounts under all other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance
shown in the Declarations ofthis insurance.
Method afSharing. If all ofthe other insurance permits contribution by equal shares, we will follow this
method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits
of insurance or none of the loss remains. whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.
Under this method., each insurer's share is based on the ratio of its applicable limits of insurance to the total
applicable limits of insurance of all insurers.
All other terms and conditions remain unchanged.
*;-7 9/('-
,'J,) Y'
/
Form 80-02-2653 (Ed_ 4-01) Other lnsurance----Primary Additional Insured Endorsement
Endorsement
D2le Issued OCTOBER 20, 2005
Insured ACE PARKlNG MANAGEMENT, INe.
FoIicy No.
EffectiVe Date
(06)7350-03-90
NOVEMBER 0 1, 2005
Name of Company fEDERAl. INSURANCE COMP AlH
Producer JOHN BURNIlAl'l & COMPANY
BLANKET ADDITIONAL INSURED
UNDER AUTO LIABILITY COVERAGE, WHO IS AN INSURED, THE FOLLOWING
PROVISION IS ADDED:
ANY PERSON OR ORGANIZATION DESIGNATED BELOW IS AN "INSURED"
BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR OPERA nONS
OR PREMISES OWNED BY, MANAGED BY, OR RENTED TO YOU, OR ANY AUTO.
DESIGNATED PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION WHERE REQUIRED BY A WRITTEN CONTRACT
OR WHERE A CERTIFICATE OF INSURANCE SHOWING THAT PERSON OR
ORGANIZA nON AS AN ADDITIONAL INSURED HAS BEEN ISSUED.
All Other Terms and Concfrtions Remain Unchanged.
Endorsement
Date Issued OCTOBER 20, 2005
Insured ACE PARKlNG MANAGEMENT, INC.
Policy No.
Effective Date
(06)7350-03-90
NOVEMBER 0 I, 2005
Name of Company FEDERAL INSURANCE COIlPANY
Producer JOHN BURNBA/I & COMPANY
WAIVER OF SUBROGATION
UNDER AUTO CONDITIONS, TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US, THE fOLLOWING PROVISION IS ADDED
HOWEVER, WE WAIVE THE RIGHT OF RECOVERY WE MAYlHAVE AGAINST
THE DESIGNATED PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF
PAYMENTS WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF OUR ONGOING
OPERATIONS OR DONE UNDER CONTRACT WITH THAT PERSON OR ORGANIZATION
AND INCLUDED IN THE AUTO LIABILITY OTHER THAN AUTO ONLY HAZARD
DESIGNATED PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION WHERE REQUIRED llY WRITTEN CONTRACT.
All Other Terms and Conditions Remain Unchanged.
ms;t
. -,
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
we 252
(4-84)
WC 04 03 06 lEd. 4-64)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-
This endorsement changes the policy to which it is attached effective on the inception date of the poiicy (miess a
different date is indicated below.
(The following "attaching cl~use. n0ed be compl@tedonlywhen this endorsement IS issued subsequent to preparation ollhe policy)
This endorsement, effective an
11/01/05
[DAlE)
at 12:01 A. M. standard time, forms a part of
Policy No.
7160-35-81
of the
FEDERAL INSURANCE COMPANY
(NAME OF INSURANCE COMPANY)
issued to
ACE PARKING MANAGEMENT, INC.
(SEE NAMED INSURED ENDT.)
Endorssment No.
We have the right to recover our paymen1s fram anyone liable for an injury covered by this policy. We will not enforce
our right against the pe.rson or organizatIon named in the Schedule. (This agreement applies only to the extent that you
pertarm work under a writ1en contract that requires you to obtain this agreement trom us.}
Y QU must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium lor this endorsement shall be 0 b/Q of the California workers' compensation premium
otherw"lse due on such remuneration.
Schedule
Person or Organization
Job Description
BLANKET WHERE REQUIRED BY
WRmEN CONTRACT
we 252 (4-84)
we 04 03 06 (Ed 4.84)
~ &/t{
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