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HomeMy WebLinkAboutCENTRAL PARKING SYSTEM, INC. (PARKING GARAGES -2013)A- 2013 -049 ,; ;;" IN H - 44 Nl, ',J AVE FJ DATE: 4- 3SO -t?� OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND CENTRAL PARKING SYSTEM, INC, This Agreement is made and entered into on this 1 st day of May, 2013 by and between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California ( "City ") and CENTRAL PARKING SYSTEM, INC. ( "Operator "). W- I- T- N- E- S- S -E -T -H Recitals: A. City has issued a Request for Proposals 12 -060 (Exhibit A) for the operation of the downtown parking garages and surface parking lots. City desires to procure adequate and efficient management of certain public parking garages and surface parking lots for which it has operational responsibility, which structures are currently described as follows: Parking Garage A: 440 -space garage existing on the northeast comer of Broadway and Third Street. Parking Garage B: 700 -space garage on the south side of Fifth Street between Bush and French Streets. Parking Garage C: 400 -space garage on the northwest corner of Birch and Third Streets. 4. Parking Garage D: 400 -space garage on the southwest corner of Fifth and Main Streets. 5. Surface Parking Lot #1: 62 space surface parking lot on the northeast corner of Bush and Third Street, B. Operator is experienced in the operation and management of automobile parking garages and surface parking lots, and is ready, able and willing to undertake the operation and management of the above - described parking garages and lots. C. The City can, at any time during the Term of this Agreement, request to have additional locations not listed above be managed under this Agreement subject to additional fees. D. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. Wherefore, in consideration of their mutual and respective promises and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. For purposes of this Agreement, the following meanings shall apply: A. "Premises" shall initially mean Parking Garages A, B, C, and D, along with Surface Parking Lot #1, used interchangeably with the term "Parking Facilities" (see Exhibit A, attached hereto and incorporated herein), Additional Premises may be added by the City during the term hereof. B. "City" shall mean the City of Santa Ana, California, a charter city and municipal corporation. C. "Contract Administrator" shall mean the City Manager or his/her designee; the person on City staff that is appointed to be the contact person with regard to this Agreement. D. "Fiscal Year" shall mean January I through December 31. E. "Gross Revenue" shall mean the total amount of all parking receipts, admission, rentals, and other fees of any nature or kind charge, received, or collected by Operator in the course of operating the Premises, whether such monies are received at the Premises or elsewhere. F. "Hazardous Materials" shall mean any and all (a) substances, products, by- products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under an Environmental Law, and (b) any materials, substances, products, by- products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by- products, or waste may give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of any state or federal court; and (c) any substance, product, by- product, waste, or any other material which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation, petroleum and /or asbestos materials, products, by- products or waste. G. "Management Fee" shall mean the fee that the City pays the Operator for performing those obligations set forth in the Agreement. The fee is proposed as an annual maximum fixed amount and is paid on a monthly prorated basis, H. "Parking Manager" shall mean the person that the Operator selects and appoints whose responsibility shall be overseeing the operation of the Parking Facilities, as further discussed in Sections 12 and 13 hereof. "Operating Expenses" shall mean expenses incurred by Operator for equipment or supplies, or paid to a third party vendor, which are not included as part of the Management Fee and which shall be reimbursed by the City up to a maximum of One Million One Hundred Eighty Thousand Dollars ($1,180,000) per year in accordance with the terms of this Agreement. 2. SCOPE OF SERVICES Operator shall perform those services as specified in detail in the RFP and the attached Proposal dated January 2, 2013, attached hereto and incorporated as Exhibit B. Optional additional services shall include valet parking services and the installation of certain improvements to enhance garage /parking lot security and operations, as requested by the City. These improvements may include, but are not limited to: upgrading/adding lighting, installation of security cameras, and improving circulation, where possible. Said optional services are not included under the Operating Expenses. Budgets detailing the proposed Operating Expenses shall be submitted for each Fiscal Year or portion thereof occurring during the term of this Agreement. The budgets shall show the estimated Operating Expenses for such Fiscal Year or portion thereof occurring during the term of this Agreement, in such format as is required by the Contract Administrator, or his/her designee. The initial proposed budget shall be submitted by Operator to the Contract Administrator prior to the commencement date set forth herein. Subsequent proposed budgets should be submitted prior to the commencement of the Fiscal Year to which they pertain. Operator and the Contract Administrator shall cooperate in good faith to develop reasonable approved budgets, provided, however, that the Contract Administrator shall retain ultimate authority to determine each approved budget in the event of disagreement. Any approved budget may be amended at any time by a written amendment approved by the Contract Administrator and Operator. In the event that the City incurs any obligation for Operating Expenses, which are not in accordance with an approved budget, City may deduct the amount of such obligation from the Management Fee. 3. TERM OF AGREEMENT 3.1 Initial Terni - The initial term of this Agreement is a two (2) year term, commencing on May 1, 2013 ( "Commencement Date ") and ending on April 30, 2015. 4. COMPENSATION AND REIMBURSEMENT OF OPERATING EXPENSES a. As total compensation for Operator's services under this Agreement, City agrees to pay and Operator agrees to accept, a Management Fee in the amount of Two Thousand Five Hundred Dollars ($2,500) per month. Further, Operator shall recover its Operating Expenses in an amount not to exceed One Million One Hundred Eighty Thousand Dollars ($1,180,000) each Fiscal Year or the perorated portion thereof, in accordance with the terms of this Agreement. b. Adjustments to Charges. The patties may agree to an annual adjustment (not to exceed 2 1/o) at the end of the first year of the Agreement every year thereafter, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. c. Extra Work. No new work of any kind shall be considered as extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before work is commenced. The Operator will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. 5. DESIGNATION OF OPERATOR AS MANAGER: PARKING FACILITIES TO BE OPERATED A. Non - exclusive Agreement. Operator's right to operate the Parking Facilities is non - exclusive. B. Designation of Operator as Manager. City hereby designates and hires Operator as the operator and manager of the hereinafter described Parking Facilities and Operator accepts such designation and agrees to operate and manage the Parking Facilities subject to the terms, covenants and conditions of this Agreement. Operator acknowledges that this Agreement conveys no interest in nor attaches to any underlying real property comprising the Parking Facilities. Accordingly, City and Operator agree that nothing in this Agreement shall entitle or permit or be construed to permit Operator to file any claim, lien or notice against any real property. As material consideration for this Agreement, Operator waives any rights it may now or hereafter have to record a tis pendens against the Parking Facilities under Section 405 el. seq. of the California Code of Civil Procedures, or any other provision of law, if a dispute arises under this Agreement. C. Parking Facilities to be Operated. Operator shall operate those certain vehicular Parking Facilities, together with all incidental and appurtenant improvements constructed thereon, shown on Exhibit A, attached hereto and made a part hereof, hereinafter referred to as the "Parking Facilities," in accordance with the terms and conditions set forth iii this Agreement. D. Performance, The hours of operation of each Parking Facility are set by the City. Operator must staff each facility sufficiently during all operating hours. It is expected that the parties will discuss and agree upon levels of staffing; however, if the parties cannot agree, the decision of the Contract Administrator shall control. Maintenance tasks should be performed at such hours as to minimize the impact on customers. E. Modification by City. The City may, during the term of this Agreement, modify the list of Parking Facilities listed in the Recitals and on Exhibit A, attached hereto and incorporated herein. It may also modify parking space inventory. Such modifications shall not be considered a breach of this Agreement; nor shall City Council approval be required for such modification unless the management fee increases. 6. COVENANTS OF THE OPERATOR A. Operator agrees throughout the term of this Agreement to manage, operate, supervise, and maintain the Premises economically, professionally, diligently, effectively, and to the best of its ability. The Operator agrees not to use or permit the use of the Premises for any purpose other than for vehicular parking, nor to engage in or permit any other business activity on, within or from the Premises. The Operator must manage and operate the Parking Facilities in a manner that reflects the City's commitment to customer service, careful stewardship of the public's capital investments, adequate safeguards on City's revenues and professional management of the City's services. B. The Operator, as operator and manager of the Premises, shall comply with and conform to all provisions of law including, without limiting the generality of the foregoing, all requirements of all Federal, State and local enactments, bylaws, and other governmental or municipal regulations now or hereafter in force which relate to the operation, management, and supervision of the Premises, and the Operator shall comply with all Police, Fire, and safety regulations imposed by any governmental, State, or City authorities, or made by property insurance companies, and shall obtain and maintain all licenses and consents necessary for the proper and lawful operation, management, and supervision of the Premises. C. Operator agrees that this Agreement shall not be construed as granting any right of possession, estate, title or interest in the Parking Facilities. Operator agrees that this Agreement shall not impair the City, its agents or employees from entering the Parking Facilities at any time. D. Operator agrees and acknowledges that it is an independent contractor and not an employee of the City. Operator shall maintain complete control over all of its employees and any subcontractors. 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 Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services and the terms of this Agreement. Operator 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. Neither Operator nor City is granted any right or authority to assume or create any obligation on behalf of the other. 7. COLLECTION OF REVENUES AND OPERATOR'S PAYMENT OF EXPENSES The Operator shall deposit daily in a separate interest bearing account in a chartered bank approved by City all Gross Revenue received by the Operator in the performances of this Agreement. The Operator shall promptly pay when due all operating expenses. All such expenses shall be promptly paid by the Operator from the Gross Revenues deposited as set forth herein. If at the end of a given month Gross Revenues previously collected are insufficient to pay all expenses, the Operator will carry -over that amount, up to Ten Thousand Dollars ($10,000), to the subsequent month(s) where future revenues can be used to reimburse these expenses. For the amount exceeding Ten Thousand Dollars ($10,000) of unreimbursed expenses for a given month the City shall promptly pay the Operator upon submission of the monthly statement. On or before the fifteenth (15 'h) day of each month, Operator shall remit to City the funds remaining after deducting from Gross Revenues the Operating Expenses and Management Fee for the preceding month. RECORDS AND ACCOUNTS A. Records. The Operator shall, at all times during the term of this Agreement, keep or cause to be kept true and complete books, records, and accounts of all gross receipts from the operation of the Parking Facilities within each of the Parking Facilities. The books, records, and accounts shall be supported by source documents such as computer records and printouts, cash register tapes, and/or other pertinent documents. Computer and/or cash register totals shall be read and recorded by the Operator at the beginning and end of each business day for each exit lane. The Operator shall provide, subject to reimbursement by the City, serially numbered tickets compatible with and for use in operating the parking control equipment provided by the City for monitoring vehicular parking and shall keep a record of said tickets acceptable to the City. B. Accounting Year. For this Agreement, the accounting year shall be January to December. The accounting year shall be maintained throughout the term of the Agreement unless the Contract Administrator approves in writing a different accounting year. Contract Administrator shall approve a change in accounting years only in the event the accounting year in use results in undue hardship for either the Operator or the City and not because of mere convenience or inconvenience. C. Financial Statements. Within ninety (90) days after the end of each accounting year, the Operator shall, at the Operator's sole expense, submit to the City a Statement of Gross Receipts, audited by a Certified Public Accountant, for each accounting year. D. Failure to Submit Financial Statements. In the event Operator fails to submit the financial statements required in paragraph C above by the due date, Contract Administrator may require that Operator pay to the City any and all costs incurred by City to prepare the required financial statement, plus an administrative fee equal to 50% of those costs. E. Audits. All the Operator's books of accounts and records and supporting source documents related to this Agreement or to business operations conducted within or from the Parking Facilities shall be kept and made available at one location within the limits of Orange County, California. The City shall, through its dully authorized agents or representatives, have the right to examine and audit said books of accounts and records and supporting source documents at any and all reasonable times for the purpose of determining the accuracy thereof, and of the monthly statements made and monies received. The City upon request of the Operator and at the City's sole discretion, may authorize the above - referenced books and records and supporting source documents to be kept in a single location outside the limits of Orange County provided the Operator shall agree to pay all expenses, including but not limited to transportation, food, and lodging, necessary for the City to audit said books and records. The frill cost of any audit by the City, as determined by the City, shall be borne by the Operator if either or both of the following conditions exist: The audit reveals an underpayment of more than five percent (5 %) of gross receipts reported and paid by the Operator in accordance with this Agreement when compared with the gross receipts which should have been reported and paid as revealed by audit; The Operator has failed to maintain true and complete books, records, accounts and supporting source documents in accordance with Paragraph A (Records) of this Section. The adequacy of such books, records, accounts, and supporting source documents shall be determined at the sole discretion of the City. Otherwise, the City shall bear the cost of said audit, excluding the aforementioned expenses related to audit of documents kept outside the limits of Orange County. Upon request of the City, the Operator shall promptly provide, at the Operator's expense, necessary data to enable the 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. F. Records and Audits: Except as otherwise provided herein, all parking charges shall be recorded by means of cash registers or other comparable devices as provided for Operator'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 proceeding day's transaction shall be submitted to the City monthly, or as required by the Contract Administrator. Operator shall issue serial 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. 2. The Operator's book of account, records, and supporting source documents related to this 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. City shall, through its duly authorized agents or representative, 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. The City, upon request of Operator and, at the City's sole discretion, may authorize the above - referenced books and records to be kept in a single location outside the limits of Orange County provided Operator shall agree to pay all expenses including, but not limited to, transportation, food, and lodging necessary for the City to send a representative to audit said books and records. The Contract Administrator shall not exercise said right more than twice each accounting year. 4. The full cost of said audit, as determined by City, shall be paid by Operator if either or both of the following conditions exist: (a) The audit reveals an underpayment of more than five percent (5 %) between the balance of revenue due as reported and paid by Operator in accordance with this Agreement, and the balance of revenue due as determined by said audit. (b) Operator 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 City. 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. 5. Upon the request of City, Operator shall promptly provide, at Operator'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 Operator's management of the Premises. Such data shall include, if required, a detailed breakdown of Operator's receipts and expenses. G. Failure to Maintain Adequate Records. In addition to any other remedies available to the City at law, in equity, or under this Agreement, in the event the Operator fails to maintain and keep books, records, and accounts relating to the Operator's operations on or from the Parking Facilities and source documents relating thereto, or to make the same available to the City for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to the City regarding gross receipts as required by this Agreement, the City, at the City's option, may: Perform such examinations, audits, and /or investigations itself or through contractors, agents, or employees as the City may deem appropriate to confirm the amount of gross receipts payable to the 9 City by the Operator under this Agreement and any and all costs and/or expenses incurred by the City in connection therewith shall be promptly reimbursed to the City by the Operator upon demand. 2. Provide accounting services and /or a system for recording gross receipts, including without limitation, cash registers, for use by the Operator in conducting business transactions upon or from the Parking Facilities, and, at the City's option, maintain personnel on the Parking Facilities to observe and/or record such transactions during the Operator's business hours, or front time to time, all at the Operator's sole cost and expense and, in such event, the Operator shall promptly reimburse the City for any and all costs incurred by the City in connection therewith; and /or Require that Operator pay to the City, upon demand amounts equal to and based on the City's reasonable estimate of the actual gross receipts from parking operations conducted on or from the Parking Facilities. Any such estimate made by the City in good faith shall be conclusive and binding upon the Operator. Costs payable by Operator pursuant to this Section shall include reimbursement to City, for City provided services at such rates as the City may from time to time in good faith establish for such services. In the case of services provided by the City's employees, such rates shall be sufficient to reimburse the City for employees' salaries, including employee taxes and benefits and the City's overhead or, may be the rate for such services that would be charged by a qualified third party or parties, if engaged by the City to perform such services. H. Retention Period /Ownership of materials. All reports, documents, or other materials developed or discovered by Operator or any other person engaged directly or indirectly by Operator to perform Operator's services for the City are to be maintained and retained for a period of three (3) years. Said documents shall be the property of the City without restriction or limitation upon their use. 9. INSURANCE, The Operator shall maintain insurance acceptable to City in full force and effect throughout the term of this Agreement, which cost shall be a reimbursable Operating Expense. The policy of policies of insurance maintained by Operator shall provide the following limits and coverage: Commercial General Liability (CGL) or Garage Liability: Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an `occurrence" basis, including products- completed operations, personal & advertising injury, with to limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A. "This insurance shalt not be cancelled, limited in scope of coverage, or non - renewed until after thirty (30) days' written notice has been given to the Community Development Agency of the City of Santa Ana." B. Such insurance shall be primary. "It is agreed that any insurance maintained by the City of Santa Ana will apply in excess of, and not contribute with, insurance provided by this policy." C. "The City of Santa Ana and its officers, agents, and employees are added as additional insured as respects operation of the named insured at the Parking Garage located at the northeast comer of Broadway and Third Street, the Garage on the south side of Fifth Street between Bush and French Streets, the Garage on the southwest corner of Fifth and Main Streets, the Garage on the northwest corner of Birch and Third Streets, and the surface parking lot located on the northeast comer of Bush and Third Street in the City of Santa Ana." A sample Additional Insured Endorsement is attached hereto and incorporated herein as Exhibit C, The Additional Insured Endorsement shall be amended periodically to reflect all parking garages /parking lots that Operator manages on behalf of the City. 2. Garage Keeper's Legal Liability: with limits no less than $2,000,000 covering the Operator and the City against claims, liabilities, losses, or suits covering exposures for loss of or damage to vehicles in Operator's care, custody and control. 3. Commercial Crime including Employee Dishonesty: with limits not less than $100,000 for Employee Dishonesty and $10,000 for depositors forgery, loss of money and securities, inside or outside the premises and including safe robbery or burglary 4. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 5. General Insurance Requirements: Operator agrees to deposit with City, on or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of the Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with City during the entire term of this Agreement. City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the City, the insurance provisions in this Agreement do not provide adequate protection for City and for 11 members of the public using the Premises, City may require Operator to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. City's requirement shall be reasonable, but shall be designed to assure protection from and against the kind and extent of the risks, which exist at the time a change in insurance is required. City shall notify Operator in writing of changes in the insurance requirements, and if Operator does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty days (60) of receipt of such notice, Operator shall be in default without further notice to Operator, and City shall be entitled to exercise all legal remedies. The procuring of such required policy or policies of insurance should not be construed to limit Operator's liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. 10. INDEMNIFICATION The Operator shall indemnify and hold the City of Santa Ana, its officers, employees and agents harmless from and against: (a) Any and all liability, penalties, losses, damages, costs and expenses, demands, causes of action, claims or judgments arising from or growing out of any injury to any person or persons, or any damage to any property as a result of any accident or other occurrence during the term of this Agreement occasioned by any negligent act or omission of the Operator, its officers, employees, agents, servants, subtenants, concessionaires, licensees, contractors, or arising from or growing out of the negligent use, maintenance, or operation of the Premises during the term of this Agreement. (b) From and against all legal costs and charges, including reasonable attorney's fees, incurred with respect to any of such matters and the defense of any action out of the same, or in discharging the Premises or any part thereof from any and all liens, charges or judgments which may accrue or be placed thereon by reason of any negligent act or omission of the Operator. (c) The Operator shall further indemnify and hold harmless the City from any loss of Gross Revenue due to dishonesty, theft, or negligence of any officer, agent, or employee of the Operator. The Operator may protect itself from such liability for such fidelity losses through higher fidelity bonding of its officers, agents, or employees than is required by this Section, but failure to do so shall in no way relieve the Operator from its obligation to indemnify the City of any such losses. (d) Notwithstanding the foregoing, nothing herein shall be construed to require Operator to indemnify the Indemnified Parties from any Claim arising from the gross negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the 12 terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Operator. 11. PUBLIC PARKING RATES A. Parking Rates. The City shall determine parking rates. The implementation of any parking rate adjustment shall be the responsibility of the Operator. As part of such implementation, the Operator shall be responsible for replacement of all parking rate signs in accordance with Section 12 ( "Maintenance Obligations of Operator"), and for notifying the public of the new parking rates and their effective date. Such public notice shall be given by posting notices conspicuously at each entrance and exit to Parking Facilities for a minimum of ten (10) business days before the date the adjustment becomes effective. Parking rates shall at all times be posted by Operator within one place at each entrance and exit to the Parking Facilities on clearly legible signs of the type, character and locations approved by the Contract Administrator. Operator must install new parking rate signs within one month of the start date of this Agreement. All new signs must be compatible with existing signs at the Facility and be approved by the Contract Administrator. B. Validated Parking, Validated parking shall be permitted as authorized by the City. The Operator will bill those agencies authorized to validate parking tickets for their respective validations. The Operator shall make no other arrangements for validation without prior written authorization by the Contract Administrator. C. Monthly Parking Permits. The Operator shall issue permits and collect monthly fees at the Parking Manager's office at the Parking Facilities and provide for online payment capabilities. The City shall establish monthly parking rates. The Operator shall be responsible for monitoring payment for monthly permits and for invalidating un- renewed permits the first day of each month. D. There shall be no free parking except as follows: 1. One space per cashier booth in each Facility to accommodate the Operator's employees. 1 City of Santa Ana and /or their contractor's vehicles only while performing construction or conducting building and grounds maintenance /repair activities. 12. MAINTENANCE OBLIGATIONS OF OPERATOR A. The Operator expressly agrees to maintain the Parking Facilities in a safe, clean, sanitary condition, to the complete satisfaction of the Contract 13 Administrator, and in compliance with all applicable laws. The Operator shall conduct all routine maintenance in accordance with the Parking Facilities Maintenance Schedule (Exhibit A) attached hereto and made a part hereof, all of which shall be a reimbursable operating expense. Operator shall make minor repairs (defined as repairs costing $500.00 or less per incident) promptly and as needed. Repairs in excess of $500.00 which do not create an imminent threat to public safety shall be made after consultation with the Contract Administrator, and as he /she directs. B. The Operator shall be responsible for routine daily maintenance of the Parking Facilities including, but not limited to: Keeping the Parking Facilities, including stairwells, free and clear of rubbish, litter, and animal or human waste. If animal and/or human waste are present, Operator shall clean and sanitize the affected areas as needed. 2. Providing janitorial services to the employee restrooms, including servicing clogged plumbing and cleaning floors and fixtures. 3. Maintenance of attendant booths, Parking Manager's office and storage areas to assure a clean and neat appearance 4. Elevator cleaning including elevator lobby area. 5. Checking ceiling - mounted signage for loose connections or damage. 6. Checking illuminated signs for damage and necessary bulb replacement, 7. Checking parking and revenue control equipment for proper operations. 8. Immediate removal of graffiti from buildings and walls. The Contract Administrator shall approve method(s) used to remove graffiti. C. The Operator shall provide containers for trash and garbage as approved by the City and provide for daily removal of trash and garbage from the Parking Facilities. D. The Operator shall be responsible for weekly scheduled machine sweeping in each parking structure and each surface lot, and semi - annual garage steam cleaning. Any areas not accessible to machine sweeping shall be swept by hand prior to the mechanical sweeping process. The first steam 14 cleaning shall be completed no later than July 2013 and every six (6) months thereafter. E. The Operator shall remove excessive accumulations of grease or oil on parking surfaces on a weekly basis. Any grease or oil spill that constitutes a hazard shall be removed immediately. The Operator shall maintain adequate portable fire extinguishers, charged and ready for use, in accordance with governing fire regulations and ordinances. G. The Operator shall keep and maintain, to the satisfaction of the City, all signs and graphics in a clean and legible condition free from graffiti. Any replacement of signs or additional signs shall be provided by the Operator and the cost thereof shall be reimbursable by the City. Replacement materials shall be of the same quality material, letter style, design, and color as other similar signs within the facility. All signs placed by the Operator in the Parking Facilities, attendant booths, or Parking Manager's office must have the prior approval of the Contract Administrator. H. The Operator shall keep all glass surfaces in and around attendant booths, Parking Manager's office, stairwells and elevators clean. I. The Operator shall keep all parking control equipment, including housings, clean and well maintained as recommended by service manuals. J. The Operator shall be responsible for maintaining all painted surfaces on parking equipment, attendant booths, posts, curbs and islands. Painting shall be provided in a professional manner including but not limited to surface preparation and priming as needed. The Contract Administrator must approve paint colors. If the Operator fails to maintain or make repairs or replacements as required herein, the Contract Administrator shall notify the Operator in writing of said failure. Should the Operator fail to correct the situation within three (3) days after receipt of written notice, the Contract Administrator may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, equipment, and an administrative fee equal to twenty five percent (25 %) of the sum of such items, shall be paid by the Operator by means of deduction from the monthly compensation due the Operator. 13. RESPONSIBILITIES AND REQUIREMENTS OF OPERATOR The Operator shall, in the manner and method of operating the Parking Facilities, assure the highest degree and standards of courtesy, politeness, conduct, and demeanor on the part of its officers, agents, employees, and representatives, and 15 shall at all times during the term of this Agreement, comply fully with the following conditions and requirements: A. The Operator shall charge and collect from all persons utilizing the parking facilities within the Parking Facilities the fees or charges established by the City. B. The Operator shall conduct its operations in a manner so as not to annoy, disturb, or be offensive or rude to customers, patrons, or other users of the Parking Facilities. C. Language Proficiency. The Operator shall select personnel that have the ability to read signs, labels, work schedules and simple instructions in both English and Spanish; understand and follow oral directions in English and Spanish; write simple messages in English and Spanish, and speak both languages sufficiently to communicate clearly with the public. D. Parking Manager. The Operator shall select and appoint a Parking Manager whose responsibility shall be overseeing the operation of the Parking Facilities. Such person must be highly qualified, experienced, and successful manager of parking facilities, vested with full power and authority with respect to the method and manner of operating the Parking Facilities. The Parking Manager shall be present on -site a minimum of eight hours per day between the hours of 7:00 am and 6:00 pm. The Parking Manager shall maintain an office on -site and shall be available upon 15 minutes notice during regular business hours. At all times during his/her absence from the Parking Facilities, a shift supervisor shall be in charge of the parking operation and available at such on -site location. E. Conduct of Employees. The Operator shall control the conduct, demeanor, and appearance of its officers, agents, employees, and representatives, Cashiers and shift supervisors while on duty shall wear uniforms with clearly visible and readable nametags, which shall at all tines be maintained in a neat and clean condition, The Contract Administrator shall approve the uniforms and nametags. All personnel shall be trained by the Operator to render a high degree of courteous and efficient service, and it shall be the responsibility of the Operator to maintain close supervision over such personnel to assure a high standard of service to patrons of the Parking Facilities. Upon objection by the Contract Administrator to the unprofessional conduct, demeanor, or appearance of such personnel, the Operator shall immediately take all steps necessary to correct the conduct, demeanor, or appearance, which is the cause of the objection. F. Employee Honesty. The Operator shall take every precaution to protect the City's revenue, and to ensure that all sums due and owing the City ULM from patrons of the Parking Facilities are properly assessed, collected, accounted for, and deposited into a depository selected and approved by the City. The Operator shall not knowingly employ or keep in its employ for purposes of conducting operations under this Agreement any individual who has been convicted in a court of competent jurisdiction of theft or misappropriating funds. G. Monthly Parking Permits. In addition to the monthly fee, the Operator shall collect a $25 administrative fee for the establishment of each new monthly account. Records for the administrative fee shall be maintained for twelve months after the account has been closed. Should the cardholder return with his/her previously assigned card key within that twelve -month period, no additional administrative fee shall be charged. The Operator shall charge a $15 replacement fee for replacement of a lost card key. The Operator shall identify administrative fees and fees collected for replacement card keys separately on the daily reports and in other records and accounts and shall include the fees collected in the daily receipts. H. Unauthorized Activities. The Operator shall not engage in nor permit any of its officers, agents, employees, or representatives to engage in the sale of supplies, products, or services of any kind, except those authorized by this Agreement, at retail or wholesale, on or from the Parking Facilities, nor install, maintain or operate or permit the installation, maintenance or operation on the Parking Facilities of any vending machine or device designed to dispense or sell food beverages, tobacco products or merchandise of any kind whether or not included in the foregoing categories. I. Daily Inspection. The Operator shall inspect the Parking Facilities described in this Agreement on a daily basis to determine if any inherently or potentially dangerous conditions or defects exist, said inspection to include, but not be limited to, the following: • Abnormal accumulations of grease or oil on the pavement • Pot holes • Dangerous grade changes • Broken glass • Broken tire guards • Protruding pipes • Leaking gas tanks • Broken or burned out lighting fixtures • Graffiti • Conditions likely to cause a pedestrian to trip or fall 17 • Hazards to tires, and other unsafe conditions The results of each daily inspection shall be recorded in a written report and maintained by Operator. Operator shall notify Contract Administrator immediately of any hazardous conditions or defects, If the Operator defaults in the performance of any covenant, condition, or agreement contained in this clause, and such default is not corrected within twenty -four (24) hours after the Operator receives written notice from the City, the City may impose a penalty as set forth in the Liquidated Damages term (Section 29) hereof, for each day the Operator remains in default, or the City may terminate this Agreement and take over possession and operation of the Parking Facilities in accordance with the provisions of Section 28 ( "Termination By City ") herein. 14. HAZARDOUS MATERIALS 13.1. Prohibited. The use and storage of Hazardous Materials by the Operator in the Parking Facilities is prohibited except as necessary to perform the services required under this Operating Agreement. To the extent the Operator must use Hazardous Materials to perform the services required under this Operating Agreement, the Operator shall comply with the following conditions: a. The Operator shall comply with all Federal, Stale and local laws and regulations regarding the use, storage and disposal for such Hazardous Materials. b. The Operator shall be solely responsible for obtaining all permits necessary to use, store, or dispose of the Hazardous Materials it uses. c. The Operator shall take all necessary precautions to prevent any Hazardous Materials it uses from entering into any storm or sewage drain system, or into the air or groundwater or from being released on the Parking Facilities. d. The Operator shall be solely and fully responsible for the release of any Hazardous Material that it uses. The Operator shall timely comply with all requirements of all appropriate governmental agencies and authorities in its investigation, remediation and clean up of any release of a Hazardous Material. If the Operator does not promptly commence and diligently pursue the remediation and clean up any release of such Hazardous Material, the City, in its discretion, may pay, to have the release remediated and cleaned tip, and the Operator shall reimburse the City within fifteen (15) business days of City's demand for payment. The failure to commence remediation and clean -up and to provide City with a schedule for diligent completion of the remediation within sixty (66) days after discovery of such release, or danger of release, of such Hazardous Material shall constitute prism facie evidence of failure to promptly commence remediation. 18 e. The Operator agrees to defend, indemnify and hold harmless the City, its trustees, officers, officials and employees from any and all losses, claims, actions costs, expenses, judgments, subrogation or other damages resulting from injury to any person or damage to property, including, without limitation, the cost of any cleanup and remediation of Hazardous Materials, which the City may sustain as a result of the presence, use, storage or cleanup of Hazardous Materials in the Parking Facilities that are attributable in any manner to the Operator. The obligations set forth in this Section shall survive the expiration or earlier termination of this Operating Agreement. 13.2. Reporting Obligation. Upon becoming aware of any release of a Hazardous Material in a Parking Facility, the Operator shall immediately report such release to the City and to any other appropriate public agency. The Operator shall immediately report the release of any Hazardous Material to the City even where the quantities released would not be otherwise reportable to another public entity. This reporting obligation exists with regard to any release to Hazardous Material within a Parking Facility and is not limited to releases of those Hazardous Materials used by the Operator. 15. DAMAGE BY OPERATION If Operator, its agents or employees, causes any injury, damage or loss at any Parking Facility, Operator shall repair, at its sole cost and expense, such injury, damage or loss at City's direction and upon City's prior approval. City reserves the right to perform such repairs, and bill Operator for such costs and deduct such costs from any compensation then due and owing to the Operator. The rights of City set forth in this Section are in addition to, and do not in any manner limit, any right of City to be indemnified by Operator for any such injury, damage or loss. 16. IMPROVEMENTS AND ALTERATIONS No structures, improvements, or facilities shall be constructed, erected, altered, or made within the Premises without the City's prior written consent. At all times during the term of this Agreement, City shall have the right to enter the Premises for the purpose of revising the automobile parking spaces; changing or rearranging the entrances and exits; using temporarily or permanently such portions thereof as are necessary for construction of improvements, and/or repairs thereto; or for the installation of improvements, or other facilities necessary for the efficient operation and maintenance of the Premises. 17. CONDITIONS GOVERNING IMPROVEMENTS AND ALTERATIONS a. No facilities shall be installed or maintained, or alterations or additions made in, to, or upon the Parking Facilities by the Operator without the prior written consent of the Contract Administrator, and all such work shall be completed in accordance with plans approved and conditions imposed by the Contract Administrator. 19 Upon completion of said facilities, the Operator shall furnish to the Contract Administrator, at no charge two complete sets of as built drawings and detailed costs of the facilities constructed and installed. b. All facilities, alterations, or additions constructed by the Operator within the Parking Facilities, including the plans and specifications therefore, shall conform in all respects to the applicable statutes, ordinances, building codes, rules, and regulations of the City and such other authorities, as may have jurisdiction. The City's approval given as provided shall not constitute a representation or warranty of such conformity, and conformance shall remain the Operator's responsibility. The Operator shall procure all permits necessary for such construction. The cost of all permits and construction by the Operator shall be at the Operator's sole cost and expense. 18. MECHANICS LIENS OR STOP NOTICES The Operator shall at all times defend, indemnify and hold harmless the City, its officers, employees and agents against all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities which have been contracted by Operator to be performed within the Parking Facilities, and from the cost of defending against such claims, including attorney fees and costs. In the event a lien or stop- notice is imposed upon the Parking Facilities as a result of such Operator contracted construction, repair, alteration, or installation, the Operator shall either: A. Record a valid Release of Lien, or B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Parking Facilities from the claim of the lien of stop - notice and from any action brought to foreclose the lien. If the Operator fails to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop- notice, the Agreement shall be in default and shall be subject to immediate termination. 19. REMOVAL AND RESTORATION Subject to the provisions of Section 31 ( "Title To Improvements "), upon termination of this Agreement, the Operator shall redeliver possession of the Parking Facilities and equipment to the City in substantially the same condition that existed immediately prior to the Operator's entry thereon, reasonable wear and tear, damage by the elements, earthquakes, acts of God, war and any act of war, excepted. 20 20. MAJOR REPAIRS AND DAMAGES A. City shall be responsible for all structural repairs, any major repairs, surfacing, and resurfacing of the Premises. B. In the event of damage or destruction of any of the Parking Facilities, which are a part of the Premises, which, in the opinion of City, makes the continued operation of such garage unfeasible or uneconomical, City may terminate this Agreement as to such Facility. 21. OPERATOR IS SOLE EMPLOYER —DUTY TO INFORM Operator agrees to notify each employee of the Operator prior to the time such employee begins to work at the Parking Facilities, and all unions or bargaining units representing such employees, 1) that the Operator is the only employing agency and employer, 2) that the City of Santa Ana is not an employer with regard to the parking operation, but rather is a contractor hiring the Operator to operate the Parking Facilities in accordance with the terms of this Agreement, and 3) that continued employment in connection with operation of the Parking Facilities cannot be expected beyond the term of this Agreement. Operator agrees to inform each employee in writing of the above and to obtain a signed acknowledgement by the employee of such notification. 22. OPERATING MANUAL a. The Operator shall be responsible for developing written procedures based upon administrative guidelines, procedures and directions promulgated by the City relating to the management, operation and maintenance of the Parking Facilities. All such guidelines, procedures and directions shall be consistent with the terms and conditions of this Agreement. Operator shall maintain a current Standard Operating Procedures Manual (SOP Manual) specifying the operating procedures to be followed by the Operator for operating within each of the Parking Facilities. b. Within thirty (30) days after award of this Agreement, a copy of the written procedures for operations, management, maintenance, cash handling and auditing procedures for each Parking Facility shall be submitted to the Contract Administrator for review and approval. Thereafter the Operator shall make necessary revisions on an as- needed basis, but at least on an annual basis and no later than January 31 of each year, submitted to and approved, in writing by the Contract Administrator shall approve any subsequent changes or revisions in writing. The SOP Manual shall be kept up to date at all times and pertinent parts shall be provided and explained to each of the Operator's employees. 21 23. ASSIGNABILITY The parties agree that the expertise and experience of Operator are material considerations for this Agreement. Operator may not assign the performance of any obligation or interest under this Agreement without the prior written consent of City, not to be unreasonably withheld or delayed.. Any attempt by Operator to assign this Agreement in violation of this Section will be voidable at City's sole option, If the Operator hereunder is a corporation or an unincorporated association or partnership, the transfer of any stock or interest in said corporation, association, or partnership in the aggregate exceeding twenty -five percent (25 %) shall be deemed an assignment within the meaning of this clause. 24. NOTICES All notices and other communications required or permitted to be given under this Agreement must be in writing and must be personally served, or mailed, postage prepaid via U.S. mail, or sent via courier service, addressed to the respective parties as follows: To City: To Operator: Contract Administrator Central Parking System, Inc City of Santa Ana 3420 Bristol Street, Suite 225 Community Development Agency Costa Mesa, CA 92626 P.O. Box 1988, M -25 Attn: Muhammad Mansoor Santa Ana, CA 92702 With a Copy To: Central Parking System Attn: Legal Department 240121" Ave S. Nashville, TN 37212 Notice will be effective on the date personally delivered or if sent by courier service, on the date of receipt. If mailed, notice will be effective three (3) days after deposit in the mail. The parties may change their respective addresses in accordance with the provisions of this Section. 25. NONDISCRIMINATION During the performance of this Agreement, the Operator agrees as follows: A. Operator will not discriminate against any employee or applicant for 22 employment because of race, color, religion, sex, disability, or national origin. Operator will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, disability, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment of compensation: and selection of training, including apprenticeship. The Operator agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. B. Operator will, in all solicitation or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. 26. RESTRICTIONS AND REGULATIONS This Agreement, including the Parking Facilities and the operations thereof by the Operator, shall be subject to: A. Any and all applicable rules, regulations, order and restrictions that are now in force, or which the City may hereafter adopt. B. Any and all orders, directions or conditions issued, given or imposed by the Contract Administrator with respect to the use of the roadways, driveways, curbs, sidewalks or parking areas, and public areas adjacent to the Parking Facilities. C. Any and all applicable laws, ordinances, statutes, rules, regulations or orders of any governmental authority lawfully exercising authority over the Operator's business hereunder. The City shall not be liable to the Operator for any damage to, or for any diminution or deprivation of the Operator's rights hereunder on account of the exercise of any such authority as in this clause provided, nor shall the Operator be entitled to terminate the whole or any portion of this Agreement by reason thereof unless the exercise of such authority shall so interfere with the Operator's operation of the Parking Facilities in the exercise of its rights under this Agreement as to constitute a termination in whole or in part of this Agreement by operations of law in accordance with the laws of the State of California. 23 27. DEFAULT A. Any material failure or delay by either party to perform any material term or provision of this Agreement, constitutes a default under this Agreement. Except as otherwise provided below, upon the occurrence of a default, the non - defaulting patty may terminate this Agreement and may institute legal action to cure, correct, or remedy the default or to recover damages for the default. B. Prior to terminating this Agreement or instituting any legal action due to a default, the non - defaulting patty shall give written notice of the default to the defaulting party, specifying the nature to the default. The defaulting party shall have thirty (30) days to cure, correct, or remedy the default, and if the default is cured, corrected, or remedied within such time period, the non - defaulting party shall be entitled to terminate this Agreement or institute legal action due to the default. C. Legal actions instituted due to any default must be instituted in the court located in the County of Orange, State of California. D. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 28. TERMINATION BY CITY A. Termination with Cause. In addition to any other legal or equitable rights available to the City hereunder, the City shall have the right to terminate and cancel this Agreement in its entirety and all rights ensuring there from upon five (5) days written notice if any one or more of the following events shall occur: The Operator fails to duly and punctually deposit the gross receipts and deliver the deposit receipt to the City, or fails to make any other payments required hereunder when due to the City within two (2) business days after written notice from the City of such failure to comply. 2. Failure of the Operator to maintain a quality of service satisfactory to the Contract Administrator as required by Sections 12 and 13 hereof, after service of a Three -Day Notice to correct the unsatisfactory condition. 3. The happening of any act, which results in the suspension or revocation of the rights, power, licenses, permits and authorities 24 necessary for the conduct and operation of the Parking Facilities as herein authorized. 4. The transfer of the interest of the Operator under this Agreement by operation of law, or otherwise, to any other person, firm or corporation. Any substantial change in the ownership or proprietorship of the Operator, which in the opinion of the City, is not in the best interest of the City or the public. 6. Failure of the Operator to keep, perform and observe each and every other promise, covenant, condition and agreement set forth in this Agreement on its part to be kept, performed or observed within three (3) days after receipt of written notice of default there under from the City, except where fulfillment of the Operator's obligation requires activity over a period of time and the Operator shall have commenced to perform whatever may be required for fulfillment within three (3) days after receipt of such notice and continues such performance without interruption except for causes beyond its control. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which does or as a direct consequence of such process will interfere with the Operator's occupation of the Parking Facilities and will interfere with its operations under this Agreement, and which attachment, execution, receivership, or other process of such court is not vacated, dismissed, or set aside within a period of thirty (30) days. 8. The Operator shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other laws or statute of the United States, or of any state law, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property. 9. By order or decree of a court the Operator shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of the creditors, or by any of the stockholders of the Operator seeking its reorganization or the readjustments of its indebtedness W, under the federal bankruptcy laws, or under law or statute of the United States, or any state thereof. 10. A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed against the Operator and shall not be dismissed within thirty (30) days after the filing thereof. 11. By or pursuant to, or under authority of any legislative act, resolution or rule of any order or decree of any court, governmental board, agency or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Operator and such possession or control shall continue in effect for a period of thirty (30) days. 12. Cessation or deterioration of service for a period, which in the opinion of the City, materially and adversely affects operation of the public service required to be performed by the Operator under this Agreement. 13. Any lien is filed against the Parking Facilities because of any act or omission of the Operator and is not removed within thirty (30) days. 14. The Operator shall voluntarily abandon, desert, vacate or discontinue its operations of the business herein authorized in the Parking Facilities. Notwithstanding any of the foregoing provisions of this Section, the City shall have the absolute right to forthwith terminate and cancel this Agreement and take over the operation of the Parking Facilities, either by itself or through another operator of its choice, if Parking Facilities should become closed by reason of the Operator being unable for any reason whatsoever, to maintain in its employ the personnel necessary to keep the Parking Facilities open for public patronage, including, but not limited to, delays caused by work stoppage. In the event that the City shall so elect to terminate this Agreement, then the City may recover from the Operator: (a) Any amount necessary to compensate the City for the detriment proximately caused by the Operator's failure to perform its obligations under this Agreement or which in the ordinary course of business would be likely to result there from, including, but not limited to, the cost of recovering possession of the Parking Facilities, including necessary repair, renovation 071 and alteration of the Parking Facilities, reasonable attorney's fees, expert witness costs, and any other reasonable costs; and (b) Any other amount, which the City may by law hereafter be permitted to recover from the Operator to compensate the City for the detriment caused by the Operator. The Operator shall construe no delay or omission of the City to exercise any right or remedy as a waiver of such right or remedy or any default hereunder. The acceptance by the City of any sums hereunder due shall not be (i) a waiver of any preceding beach or default by the Operator of any provision thereof, other than the failure of the Operator to pay the particular sum accepted, regardless of the City's knowledge of such preceding beach or default at the time of acceptance.of such sum, or (ii) waiver of the City's right to exercise any remedy available to the City by virtue of such breach or default. No act or thing done by the City or the City's agents during the term of this Agreement shall be deemed an acceptance of the surrender of the Parking Facilities, and no agreement to accept a surrender shall be valid unless in writing and signed by the City. B. Termination Without Cause. The City reserves the right, at any time during the term of this Agreement, at the sole discretion of the City, to terminate this Agreement without cause; provided, however, that if any such termination is to be effected, the City shall give the Operator written notice thereof not less than one hundred twenty (120) days prior to the effective date of such termination. C. Consequences of Termination, hr the event of termination, Operator shall deliver to City copies of all reports, documents, City -owned equipment and materials within ten (10) days after termination. Upon receipt thereof, City shall pay Operator for all services performed and reimbursable expenses incurred to the date of termination. 29. LIQUIDATED DAMAGES THE PARTIES HERETO AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMEMLY DIFFICULT TO DETERMINE THE ACTUAL DAMAGE TO THE CITY IF OPERATOR WERE TO TERMINATE THIS AGREEMENT PRIOR TO EXPIRATION OR OTHERWISE BREACH. IN ADDITION TO THE SERVICES PROVIDED, CITY EXPECTS TO RECEIVE OTHER BENEFIT FROM OPERATOR'S SERVICES. THE PARTIES MUTUALLY AGREE THAT THE TERMS SET FORTH IN THIS SECTION ARE ACCEPTABLE TO EACH PARTY AND ARE A REASONABLE ESTIMATE OF CITY'S LOSS IF OPERATOR FAILS TO COMPLETE SERVICES IN ACCORDANCE WITH THE SCHEDULE OF PERFORMANCE. BY SIGNING THIS BELOW, CITY AND OPERATOR ACKNOWLEDGE THAT THE INCENTIVE AMOUNTS SET FORTH BELOW HAVE BEEEN 27 AGREED UPON AS THE PARTIES' REASONABLE ESTIMATE OF CITY'S DAMAGES. "CITY" By: "OPERATOR" a. Failure to make daily deposits of all receipts, for each day, or portion thereof, that deposit is delayed beyond the deposit deadline. (The only exception shall be for Acts of God, such as earthquakes, in which delay is beyond the Operator's control.) One Hundred Dollars ($100) a day for each failure to perform. b. Failure to deliver, on time, required items such as reports, schedules, manuals, budgets or other materials as specified in the Operating Agreement. Twenty - five dollars ($25) per item or set of materials. C. Failure to have revenue control tickets available and installed and each and every ticket - dispensing machine. Fifty dollars ($50) per failure. d. Failure to maintain accurate monthly parking records, including monthly parking applications, accurate access log, notification to the City of delinquent accounts, and maintenance of activation/deactivation of monthly access. The current applicable monthly rate per record or access occurrence. e. Failure to properly notify the City of any unpaid individual monthly permit account or event parking pass. The current applicable monthly rate for each month that the unpaid individual monthly permit remains active after the seventh day (7) of each month or the maximum daily parking rate for each unpaid event parking pass that was created and used at a Parking Facility. f. Failure to follow the Routine Maintenance and Minor Repair requirements in any part. Twenty-five dollars ($25) per occurrence. g. Failure to maintain revenue control equipment to ensure accuracy and Consistency of operations or failure to schedule or follow up on the repair of revenue control equipment malfunctions within twenty -four (24) hours of occurrence. One hundred dollars ($100) per occurrence per clay. 28 Notification of Fallure to Peifornt Upon determining the existence of a breach under a -g above, the Contract Administrator shall issue a written notice to Operator of the occurrence of such breach and the City's claim for liquidated damages. i. The notice of breach shall become final unless the City receives from Operator not later than ten (10) business days after the date of the notice of breach, a written statement from Operator, accompanied by evidence, that the breach did not occur. If such written statement and evidence is not received by the City Manager within ten (10) business days of the date of the notice of breach, the Contract Administrator's determination shall be final. Operator agrees that the Contract Administrator shall deduct the amount of such liquidated damages from the next monthly payment due to Operator. ii. If the Operator contests the imposition of a liquidated damage, the Contract Administrator shall review Operator's written statement and evidence as soon as reasonably possible, and render a decision sustaining or reversing the determination that a breach occurred and the claim for liquidated damages. Contract Administrator shall deliver to Operator a written notice of such decision no later than ten (10) business days after receipt of Operator's written statement and evidence. 30. TRANSITION OF OPERATION AND MANAGEMENT Upon the expiration of this Operating Agreement or its earlier termination, the Operator agrees to cooperate fully with the City in the smooth and businesslike transition of the management and operation of the Parking Facilities to a new operator. 31. TITLE TO IMPROVEMENTS Title to all equipment and improvements shall remain with the City. All signs and gate arms installed by the Operator shall immediately upon installation become the property of the City. 32. INSPECTION The City and /or its authorized representatives shall have the right at all reasonable times to inspect the Parking Facilities to determine if Operator is complying with the provisions of this Agreement. The City reserves the right, at any time, at the request of the Contract Administrator to call a conference of representatives of the City and the Operator for the purpose of making a complete inspection of the Parking Facilities and reviewing the operation, maintenance, quality of service and such other items as the City may wish to review. If evidence of discrepancies is discovered in the operational and accounting 311 procedures being conducted at the Parking Facilities, relative to funds received and maintained, the City shall have the right to make immediate contact with the responsible employee of the Operator, at his/her workstation without any prior required notice to affected employee or the Operator. City further reserves the right to have made available for immediate inspection and review any and all materials, receipts, records and equipment relative to all revenues and the accounting for all funds maintained at the Parking Facilities, to resolve any issue at questions and provide for the integrity and security of the operations being conducted. The City reserves the right, at any time, to install surveillance equipment, both audio and visual, anywhere on the Parking Facilities to monitor operations and procedures for security purposes. No further notice of installation shall be given to the Operator. 33. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms 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 Operator. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Operator nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein, 34. COMPLIANCE WITH GOVERNMENTAL REOUIREMENTS Operator shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 30 35. MISCELLANEOUS A. Survival of Provisions. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable, B.. This Agreement binds an inures the benefit of the parties and their respective successors. C. Time of the Essence. Time is of the essence regarding this Agreement. D. Agreement Organization. The various heading and numbers herein, the grouping of provisions of this Agreement into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only, and shall not be considered otherwise. E. Inspection. City or its authorized representative shall have the right at all times to inspect the Premises to determine if the provisions of this Agreement are being complied with. F. Conflict of Interest. Operator shall avoid all conflict of interest or the appearance of conflict of interest in performance of this Agreement. G. Successors in Interest. Unless otherwise provided in this Agreement, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successor, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severely liable hereunder. G. Partial Invalidity. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. H. Waiver of Rights. The failure of City or Operator to insist upon strict performance of any of the terms, covenants or conditions of this agreement shall not be deemed a waiver of any right or remedy that City or Operator may have and shall not be deemed a waiver of the right of the Agreement thereafter. I. Governing Law. This Agreement must be construed, and its performance enforced, under California law. J. No Property Interest. Operator agrees that this Operating Agreement shall not be construed as granting any right of possession, estate, title or interest in the Parking Facilities. Operator agrees that this Operating Agreement shall not impair the City, its agents, or employees from entering the Parking Facilities at any time. 31 K. Drug Free Workplace. Operator certifies that it has established the following drug -free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee. 2. The employees of Operator will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of the City of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. c) Within 30 days of receiving such notice, appropriate personnel action will be taken by Operator against such employee, up to and including termination. 36. ATTACHMENTS TO AGREEMENT This Agreement includes the following, which are attached hereto and made a part hereof: Exhibit A — RFP 12 -060: Parking Operations and Management Services Exhibit B — Operator's Proposal Exhibit C — Additional hisured Endorsement 32 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: A � LG ti• Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney 33 CITY O ANTA ANA 7 Kevin O'Rourke Interim City Manager Edward E. Simmons Executive Vice President Tax ID# 62- 0789510 APPROVED AS TO M t ' . —v✓1 By: Tracy H. Pelhdd Associate Gesneik CQ ttnzid EXHIBIT A RPP I2 -060, ADDENDUM NO I AND ADDENDUM NO 34 REQUEST FOR PROPOSALS RFP 12 -060 PARKING OPERATIONS AND MANAGEMENT SERVICES DOWNTOWN PARKING FACILITIES CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Gabriela P. Lomeli Project Manager (714) 647 -5479 Office (714) 647 -5445 Fax alomeli(&santa- ana.ora KEY RFP DATES: Issue Date: Tuesday, Mandatory Pre - proposal Meeting: Thursday, Deadline to Submit Questions: Thursday, Response Posted on City Website: Thursday, Proposal Due Date: Wednesday, Presentation /Interviews: Tentative Projected Award Date: Monday, November 20, 2012 November 29, 2012 at 9:30 a.m. December 6, 2012 at 5:00 p.m. December 13, 2012 at 5:00 p.m. December 19, 2012 at 4:00 p.m. Week of January 28, 2013 February 18, 2013 City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Parking Operations and Management Services. Responses to the Request for Proposals (RFP) will be accepted until Wednesday, December 19, 2012 at 4:00 p.m. If further information is required, contact Gabriela P. Lomeli at (714) 647 -5479 or glomeli @ santa - ana.org. MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: City of Santa Ana Community Development Agency (6`h floor) Attention: Gabriela P. Lomeli 20 Civic Center Plaza, M -25 Santa Ana, CA 92701 It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Gabriela P. Lomeli at glomeli @santa - ana.org. The receiving time at the Front Desk of the City of Santa Ana Community Development Agency, 20 Civic Center Plaza, Santa Ana, CA 92701 will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 1 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES (RFP) II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 14 A. PARKING OPERATIONS AND MAINTENANCE SPECIFICATION 14 City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 2 PAGE I. INTRODUCTUION 5 II. PERIOD OF CONTRACT 5 111. OPTION OF RENEWAL 5 IV. FISCAL NONFUNDING CLAUSE 5 V. SCOPE OF WORK/SERVICES 5 VI. GENERAL INFORMATION 6 VII. COORDINATION 6 VIII. CONTRACTOR RESPONSIBILITIES 6 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 7 XI. RULES FOR PROPOSALS 7 XII. PRE - PROPOSAL MEETINGS 7 XIII. E -MAIL COMMUNICATIONS AND INTERPREPATIONS /CLARIFICATIONS 7 XIV. ADDENDA 7 XV. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 7 XVI. MINIMUM QUALIFICATIONS 7 XVII. SUBMITTAL REQUIREMENTS 8 XVIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 10 XIX. PUBLIC RECORDS 11 EXHIBIT A — SCOPE OF SERVICES 12 I. INTRODUCTION 12 A. LOCATION OF FACILITIES 12 B. CURRENT OPERATING SCHEDULES 13 C. HOURS OF OPERATIONS 13 D. CURRENT EQUIPMENT 14 E. PROPOSED STAFFING LEVELS 14 II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 14 A. PARKING OPERATIONS AND MAINTENANCE SPECIFICATION 14 City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 2 B. CONTRACTOR PERSONNEL 15 C. CUSTOMER SERVICE 16 D. MAINTENANCE 16 E. PARKING ANALYSIS 17 F. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE 17 G. INSPECTIONS 17 H. SPECIFICATIONS 17 I. LOGS / NOTIFICATIONS / REQUIRED REPORTING 17 J. SUPERVISION OF CONTRACT AND MEETING WITH THE CITY 18 K. MATERIALS AND EQUIPMENT 18 L. ADDITIONAL SERVICES 18 III. DEFINITIONS 18 IV. TERMS AND CONDITIONS 18 A. TERM 18 B. CONTINUED FUNDING 18 C. COMPENSATION 19 D. INDEPENDENT CONTRACTOR 19 E. INSURANCE 19 F. HOLD HARMLESS / INDEMNIFICATION 20 G. NOTICE 21 H. TERMINATION 21 I. CONTRACTOR OPTION FOR TERMINATION 22 J. LIQUIDATED DAMAGES 22 K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS 22 L. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC 22 AWARENESS M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 22 N. ASSIGNMENT 23 O. JURISDICTION — VENUE 23 P. FINES 23 EXHIBIT A — 1 FACILITY LOCATIONS 24 EXHIBIT A — 2 EXISTING EQUIPMENT 25 EXHIBIT A — 3 DRAFT PARKING MANAGEMENT AGREEMENT 28 EXHIBIT A — 4 PARKING FACILITIES MAINTENANCE SCHEDULE 29 EXHIBIT B PROPOSERS STATEMENT AND FEE SCHEDULE 32 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 33 GENERAL LIABILITY POLICY City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 3 EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 34 EXHIBIT E PROPOSAL CONTRACT AND AGREEMENT — PROPOSERS 35 STATEMENT EXHIBIT F PROPOSAL CONTRACT AND AGREEMENT — CERTIFICATION OF 36 NONDISCRIMINATION BY CONTRACTOR EXHIBIT G NON - COLLUSION AFFIDAVIT 38 City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 4 n CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGMENT SERVICES (RFP) I. INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for Parking Operations and Management Services for the operations, management and maintenance of four public parking structures and one public surface lot that serve retail, restaurants, office and mixed use developments in the Downtown area. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the Agreement, agreement term shall be for a period of two years. The agreement term is anticipated to commence after City Council award of this agreement and upon receipt and approval of all required insurance documents. The projected agreement commencement date is March 1, 2013 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this Agreement shall have provisions for three (3), one -year renewal options at the discretion of the City and City Council approval unless the City notifies the Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this agreement IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and contract shall terminate on the last day of current fiscal period without penalty or expense to the City. V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Parking Operations and Management Services per EXHIBIT A - SCOPE OF SERVICES. The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. The Contractor shall be knowledgeable of and comply with federal, state and local regulations, including but not limited to the California Vehicle Code and the Santa Ana Municipal Code. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 5 VI. GENERAL INFORMATION VII. A. The term of the contract will begin after the contract is awarded by the City Council. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Contractor shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in proposal. E. All data, documents and other products used, developed or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractors. Coordination by the awarded Contractor with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission and Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the Contractor's direct contact, by the Contractor acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. VIII. CONTRACTOR RESPONSIBILITIES The selected Contractor will assume responsibilities for all services in its proposal. The selected Contractor shall identify a sole point of contact with the greatest knowledge in regard to parking operations and management service operations and contractual matters, including payment of any and all charges resulting from the Agreement. IX. INITIATION /KICK OFF MEETING The selected proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues, including transition of services and scheduling. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 6 X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within 30- days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. XI. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit H). XII. PRE - PROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Thursday, November 29. 2012 at 09:30 a.m. at parking structure B located at 300 E. Fifth St. (meet at the southeast corner of 5g and Spurgeon St.). The meeting will include a walk- through of the facility. All questions shall be required to be submitted in written form to the Project Manager via email no later than 5:00 p.m. on Thursday. December 6, 2012. Responses to questions received by the deadline referenced above will be posted to the City's Bids and RFPs page at http: / /www.santa- ana.org/ finance /currentbidsandresuIts.asp by Thursday. December 13, 2012. XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Service and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the Project Manager no later than 5:00 p.m. on Thursday. December 6, 2012. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. ADDENDA If clarification or interpretation of this RFP is considered necessary by the City, a written addendum shall be issued and the information will be posted on the City's website at http://www.santa- ana.org/ finance /currentbidsandresults.asp. It is the responsibility of each proposer to periodically check the City's website to ensure that they have received and reviewed any and all addenda to this RFP. XV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed and E -mail proposals will not be accepted. XVI. MINIMUM QUALIFICATIONS The following are the minimum qualifications to be considered as an eligible candidate to submit a proposal for the requested services described in this RFP. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 7 A. Proposers shall have at minimum of five (5) years recent experience operating a single public pay parking lot or structure with a minimum of 400 parking spaces generating annual gross parking revenue in excess of $350,000; and at least two (2) years experience in the last five (5) years operating public pay parking lot(s) and /or structure(s) which generate annual gross revenue in excess of $1,000,000. B. Proposers shall have at least three (3) years continuous experience during the past five (5) years in the operation and management of a public pay, multi -level parking structure which was open at least 10 hours per day, five days or more per week. C. Proposers key personnel must have a minimum of ten (10) years of experience as described in the Attachment A — Scope of Work D. Proposer must have an office location(s) within Orange County, CA. XVII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in its response to the RFP. A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: Cover Letter: A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Firm and Personnel Experience: A profile of the firm's experience, personnel and history relating to the scope of work identified in Exhibit A. Include project description, year performed /completed and client name with contact information including their telephone number. The Project Manager /Principal Agent's contact information (e.g. Operation /Field Supervisor) for the proposed work shall be identified and associates in- charge when Project Manger /Principal Agent is absent as well as that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume (if applicable). The Project Manager /Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Plans: Submit a narrative description for the following. a. Management Plan: i. The proposed management of the facilities including but not limited to staffing, accounting and logistics. ii. Projected pro forma. iii. Detailed revenue control procedures. b. Operations Plan: i. Describe in detail the proposed operations plan of facilities including but not limited to general operations, maintenance, security and staffing. c. Transition and Implementation Plan: i. Describe the steps to be taken to transition into the facilities and begin operations. Include a time implementation schedule for the transition plan. d. Facilities Improvement Plan: City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 8 i. Identify and describe improvements to be made, if any, at the parking facilities (paint, signage, minor repairs, etc.) ii. A timeline for the proposed improvements. e.General Improvements /Recommendation Plan i. Describe any improvements your company would propose to improve the facilities overall, both physical and operational. 4. Labor Relations: Provide a response to the following questions: a. Characterize your company's labor relations program and union representation. i. Are the employees who will be staffing City facilities currently represented by a recognized labor union or governed by a collective bargaining agreement? ii. Which union or association is recognized? iii. If there is a collective bargaining agreement, when is it scheduled to expire? b. In the past 3 years, has the company been involved in any labor representation or collective bargaining disputes with one or more labor organizations? i. If so, further explain. ii. Would any of those have an impact on the company's ability to carry out the City's work if awarded the contract? c.ln the past 3 years, has the company been involved in any labor representation or collective bargaining disputes with one or more labor organizations? 5. Human Resources: Provide a response to the following questions: a. Describe your employee recruitment program (methods & process). b. Describe your pre - employment personality testing used in recruiting, if any. c. What has been the employee turnover experience for your personnel? d.What are the three major reasons for turnover? e.How, many contract personnel, full time and part time, do you employ? f. Employment Policies: i. What are your pre -hire screening and testing procedures? ii. Do you provide random drug test before and after hiring? iii. What are your hiring and termination policies? iv. What role do you see the City playing in the hiring and termination procedures? 6. Training Policies: Describe what company training programs you provide, the frequency of when trainings are offered, the number of training hours provided to each employee, etc. Staffing Policies: Provide responses to the following questions: a.Will you recruit personnel for this contract differently from other standard parking contracts? If so, how and why? What specific recruitment methods will be used? b.With other parking companies advertising for employment opportunities, what will you do to meet the city's needs? c. List the wage rates and billing rates by type of position for each of the type of services to be provided. Response must include the following: i. Suggested beginning hourly wage for each position. ii. A detailed description of all fringe benefits offered to employees. iii. A detailed description of any employee incentive programs offered by the company that rewards /encourages employee safety, productivity, excellent customer service. 8. Financial Responsibility (Capacity): a. Proposer shall submit its most recent audited financial statement, evidencing Proposer's financial capacity to fully perform the required services, including provision of City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 9 equipment and personnel expenses over a 90 -day period. If said financial statement does not reflect full 90 day operational capacity, Proposer may include a letter of credit as evidence of supplemental capacity 9. Submittal of Proposal: a. Seven (7) copies of the response to the RFP shall be signed by a company official with the power to bind the company. b. One (1) copy of the submittal on a Compact Disc, USB Flash Drive or Equivalent. C. Structure your proposal to include the Scope of Services response, General Time implementation Schedule, Fees /Contract Price and Exhibits. B. EXHIBIT B — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING C. EXHIBIT C — ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY (NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION) D. EXHIBIT D— REFERENCES AND RELEVANT WORK HISTORY (PAST 20 YEARS) E. EXHIBIT E — PROPOSAL CONTRACT AND AGREEMENT — PROPOSERS STATEMENT F. EXHIBIT F — PROPOSAL CONTRACT AND AGREEMENT — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR G. EXHIBIT G — NON - COLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. XVIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: A. Qualifications and Company Experience ............................. ............................... 30% B. Proposed Plans (Management, Operations, Facilities Improvements, Transitional and Implementation and General Improvements/ Recommendation ......................... 30% C. Fee Proposal ................................................................ ............................... 30% D. Quality and Depth of Proposal ........................................... ............................... 10% The proposals will be reviewed by a committee of City staff members. The committee will evaluate Proposers based on their response to the RFP. A final score will be calculated for each submitted proposal and used to rank the proposers. The most responsive proposers will be informed after proposal packet evaluation. The committee will interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional interviews. The City will notify the successful firms by email of invitation for final oral interview and /or award. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 10 XIX. PUBLIC RECORDS Proposals will become public record after award of agreement. Interested offerors may submit a written request, with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Gabriela P. Lomeli, 20 Civic Center Plaza M -25, Santa Ana, CA 92701. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 11 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES EXHIBIT A — SCOPE OF SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) for Parking Operations and Management Services to operate and manage four downtown public parking structures and a public surface lot located within the Downtown area (Exhibit A -1). The duties and responsibilities of selected contractor will be to oversee daily operation and management of the facilities, including, but not limited to: invoicing and collection of monthly fees, issuing validation stamps, collecting parking fees, activation of monthly access cards, preparation of monthly utilization reports and maintenance. In addition, the selected contractor will be required to operate and maintain all current equipment listed in Exhibit A -2 and any new equipment installed during the term of the Agreement. Currently, the City plans to upgrade access controls and install roll down security gates at all vehicle entrances. As part of the Agreement, the contractor will assist the City with the management of construction activity associated with the equipment and security gate installation, and the orderly operation of the parking structures continuously during the construction activity. A. LOCATION OF FACILITIES: Parking Structure A: Northeast corner of Broadway and Third Street (440 spaces *) 201 West Third Street Parking Structure B: South side of Fifth Street between Bush and French Street (700 spaces *) 300 East Fifth Street Parking Structure C: Northwest corner of Birch Street and Third Street (400 spaces *) 310 North Birch Street Parking Structure D: Southwest corner of Fifth Street and Main Street (400 spaces *) 420 South Main Street Surface Lot 1: Northeast corner of Bush Street and Third Street (62 spaces) 201 East Third Street *Approximate number, available space varies based on tenant utilization. Each location currently accommodates both monthly and transient patrons with the exception of the surface lot which at this time only services transient patrons. In addition, these facilities provide parking for numerous events held in the Downtown. The surface lot may also be used to stage City approved events. The City, through the Public Works Division, has plans to replace the existing access controls and install security gates at all vehicle entrance points at the four parking structures. This project is tentatively scheduled to go out to bid by the Public Works Division in late 2012 with a contract awarded in early 2013. The Parking Operations Manager will assist the City with the management of construction activity associated with the equipment installation, and the orderly operation of the parking structures continuously during the construction activity. The City can request to have additional locations not listed above be managed under this Operations and Management Agreement, subject to additional fee. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 12 B. CURRENT OPERATING SCHEDULES (Subject to Change) Parking Structure A: Operated seven days a week. Parking Structure B: Operated Monday through Friday, Saturday after 6pm and Sunday if events are scheduled. Parking Structure C: Operated Monday through Saturday. Parking Structure D: Operated Monday through Saturday, closed on Sunday. Currently, this is the only facility with roll down gates that allows for complete closure of the structure. Parking Lot 1: Attended Monday through Saturday for revenue collection purposes. There is not an attendant assigned to this location. Current Holidays Observed: (parking structure personnel will not work these holidays) New Years Day Labor Da Martin Luther King Day Veterans Da Presidents Da Da Memorial Da -Thanksgiving Christmas Da Independence Da Sunday C. HOURS OF OPERATION- (Subject to Change) Hours of operation vary among the different parking facilities. Operations, management, and security are of critical importance to the success of the facilities. Below is a summary of the hours of operation: Parking Structure A: Monday - Tuesday 08:00 AM - 08:00 PM Wednesday - Saturday 08:00 AM - 01:00 AM Sunday 10:00 AM - 06:30 PM Parking Structure B: Monday - Tuesday 07:30 AM - 09:00 PM Wednesday — Friday 07:30 PM - 01:00 AM Saturday 06:00 PM - 01:00 AM (Sundays only if there is a special event scheduled) Parking Structure C: Monday — Tuesday 08:00 AM - 06:00 PM Wednesday- Friday 08:00 AM - 01:00 AM Saturday 04:00 PM - 01:00 AM Sunday Closed Parking Structure D: Monday- Friday 06:00 AM - 11:30 PM Saturday 06:00 AM - 12:00 AM Sunday Closed Parking Lot 1: Monday- Saturday 08:00 AM - 08:00 PM City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 13 D. CURRENT EQUIPMENT Attached as Exhibit A -2 is a list of all current equipment that contractor will be required to maintain as part of their obligation. E. PROPOSED STAFFING LEVELS 1 Operations Manager 1 Shift Supervisor Below are the current staffing levels for all the parking locations indicated in the RFP. The number of employee hours to be worked shall be scheduled by contractor with the written approval of the Project Manager. Parking Structure A: 3 full time parking attendants 1 part time parking attendant Parking Structure B: 2 full time parking attendants 2 part time parking attendants Parking Structure C: 3 full time parking attendants Parking Structure D: 2 full time parking attendants 2 part time parking attendants Parking Lot 1: Operations Manager or his /her designee to do daily revenue collection. In addition, the selected operator will be responsible for contracting for security guard services. Current security staffing levels for service at the four parking structure locations consists of: 1 post commander 1 lead security guard 12 full time security guards CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES I_A7i1 T: 1IkC rI6] 7=I: 7_ 1%I Eel ki I,-F_ 101hL7/ _U21119:4Jt101 Cd=I&J:Jx43ly[HcN Ire] k,F: Proposer will be conclusively presumed to have read and to be familiar with the attached Management Agreement (EXHIBIT A -3). It is the intent of the City that the Operator willfully comply with every requirement of said Management Agreement, This Management Agreement is viewed as a major contract with major responsibilities on the part of the Operator. The City wants a proven operator with current experience in handling comparable single client facilities. It is expected that the selected proposer will provide an experienced Operations Manager to oversee these operations. The facilities will be maintained and operated in a courteous, efficient and prompt manner at all times. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 14 Although the City will closely monitor the operator's financial controls and procedures to ensure against mishandling or theft of public funds, it is expected that the operator, as a proven professional parking management firm, will provide optimum in fiscal responsibility. Detailed records must be maintained with direct supervision and certification of a Certified Public Accountant. Likewise, timely deposits and reports are to be prepared and adhered to. The City expects the best professional and responsible service attainable. B. CONTRACTOR PERSONNEL 1. The contractor shall furnish the necessary personnel, including one (1) Operations Manager and one (1) Shift Supervisor. Hours will be determined based on the needs of the City. The City of Santa Ana shall have discretion in approving changes to work hours and assignments or areas. 2. A list identifying the names of all Contractor personnel shall be provided to the City Project Manager or designee. 3. Each of the Contractor's employees performing work pursuant to this Request For Proposals (RFP) shall: a. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's bilingual list is preferred; b. Capable of performing assigned duties; c. Pass a background check that shall include a review of the employee's criminal history that would pose a liability for the City including crimes of violence. The City of Santa Ana reserves the right to mandate removal of any contractor's employees found unacceptable to the City for any reason; d. Have a High School Diploma or its equivalent; e. Be well groomed at all times; and f. Have a minimum of eight (8) hours of basic customer service training including, but not limited to, conflict resolution, handling difficult customers and cultural diversity 4. The contractor must provide an Operations Manager during daytime working hours to supervise all selected proposer employees on duty. The Operations Manager shall have substantial expertise and experience in parking management and operation services. The Operations Manager shall be the primary contact between the city and selected proposer on matters relating to the operations and management services provided through this RFP. 5. The Operations Manager shall be the primary daily operations contact to the City and shall also do the following: a. Respond to complaints and provide the City's designee with a copy of the complaint and the resolution or, in the event an investigation is required, the steps being taking to resolve the complaint and the date a resolution can be expected. b. Contact the City designee at least once each day to discuss and clarify operational assignments and receive any special instructions; c. Ensure that contractor personnel perform the duties required by the RFP; and d. Prepare and submit monthly progress reports and status reports as may be required by the city designee. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 15 6. The contractor shall be required to designate an Assistant Operations Manager. This person shall have the authority over the personnel and shall be a member of the contractor's management staff with authority to represent the contractor on policy matters. 7. All shifts must be supervised. 8. The contractor shall provide and pay for all uniforms for contract personnel assigned to work in the field. a. Uniform specifications shall include a photograph or diagram and written description of the uniforms for male and female personnel and include marking(s), shirt sleeves length (short or long), shoe type, the color of shirts, pants, jacket(s) and any other relative information. As an option, the contractor may allow the employee to wear shorts of the same color as the uniform pants during the summer months. b. The Community Development Agency Director or his /her designee shall review and approve all uniforms and insignias. c. Uniforms shall be properly fit with no rips or tears and must be clean and pressed at all times to present a neat appearance. 9. If the Contractor finds it necessary to utilize substitute personnel, they are to be equal in qualifications and training to regular personnel. C. CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. All Contractor personnel are a reflection of the City of Santa Ana and as such are expected to: 1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3. Comply with all federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Maintain working spaces, clean and free of clutter or distractions. 6. Train other Contractor employees to be polite and courteous during public contact. 7. Employ truth and accuracy in reporting customer service records. D. MAINTENANCE It is expected that the selected proposer will agree to keep the parking facilities clean and in a proper state of maintenance as referenced in Exhibit A -4 and repair other than major structural repairs, and at the termination of the Agreement, to leave the parking facilities in substantially the same condition as existed at the commencement of the Agreement, normal wear and tear expected. Selected proposer shall be responsible for repair and maintenance of any and all parking equipment City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 16 at the City's expense, subject to City's written approval except in case of emergencies in which case notification shall be oral. E. PARKING ANALYSIS The City may request selected contractor for data gathered from the parking facilities for the purpose of conducting a parking analysis and/or request to subcontract for a complete parking operations study to evaluate and make recommendations for potential operational improvements and identify a monitoring system for evaluating success of a new operational program. F. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre- approved by the City prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage will not be allowed. G. INSPECTIONS A representative from the City shall regularly inspect the operations and management and other areas subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable requirements shall be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. H. SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. I. LOGS / NOTIFICATIONS / REQUIRED REPORTING 1. The Contractor shall log all equipment service and repairs. 2. The Contractor shall log on a daily basis and handle all complaints from the public regarding parking facilities in a courteous and professional manner as well as any corrective action taken as a result. 3. The Contractor shall note any hazardous conditions or damage to public parking facilities and shall report these conditions immediately to the Project Manager; first by telephone and followed by a monthly report. 4. The Contractor will track and provide periodic reports on parking utilization levels for all parking facilities included in this RFP. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 17 5. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services at any reasonable time. J. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Community Development Agency. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a weekly basis or as determined necessary by the City. K. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. The City has the option to purchase and provide materials. The City has the option to purchase special material or the City will reimburse the Contractor for purchase of special material only after authorization by the City. L. ADDITIONAL SERVICES Selected contractor may be requested to provide or subcontract other services related to the parking facilities which may include, but not limited to, implementing a park wayfinding program, parking enforcement within the parking facilities and a valet program. Also, may be requested to assist city staff in preparing and updating a webpage to inform the public of parking locations, rates, operating hours and special event parking. None. IV. TERMS AND CONDITIONS A. TERM The term of this Contract is projected to commence on or about March 1, 2013 after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents and terminate February 28, 2015, unless earlier terminated as set forth in Section H, below. City may grant an option to renew up to three additional one -year periods. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for Parking Operations and Management services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 18 C. COMPENSATION City agrees to pay and Contractor agrees to accept a flat monthly fee for the scope of service outlined in this RFP and will be reimbursed for certain costs including routine parking structure expenses, emergency repair costs, minor improvements and additional work hours as requested and approved in advance by the City. 2. As part of the proposal, include: a. A flat monthly fee for each of the five parking facilities. Evaluation will be based on cumulative monthly fee of all five facilities. b. Include a schedule indicating the components of the proposed fee for each structure (ie. accounting, overhead, profit, etc.) c. Hourly fee for additional cashiers, parking attendants or other staff when required /requested by the City. d. The parties may annually agree to an adjustment of parking operations and management services charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to parking operations and management services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. 3. Extra Work a. No new work of any kind shall be considered unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this Contract, be construed to be an independent contractor and not an employee of the City. This Contract 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 manner in which Contractor performs the services required by this Contract. However, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. E. INSURANCE Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 19 insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 1. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: Commercial general liability and business automobile insurance policies shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit C. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Contract and shall be approved in form by the City Attorney. c. 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. 2. If Contractor 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 terminate this Contract. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 20 Contract (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this Contract 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 to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copy to: Gabriela P. Lomeli City of Santa Ana Community Development Agency 20 Civic Center Plaza (M25) Santa Ana, CA 92701 Fax 714 - 647 -5455 H. TERMINATION The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's Project Manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor's Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 21 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the Projects Manager or designee, the level of service falls below appropriate Parking Operations and Management standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the Project Manager or designee determines that contract services are performed as well and as frequently as required by this Agreement. I. CONTRACTOR OPTION FOR TERMINATION The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the Contractor breaches its promise to provide parking operations and management services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $125 per hour per occurrence for such breach per parking personnel, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS If requested by City, Contractor shall participate in extensive public awareness efforts and community events and programs, such as neighborhood and City events. Such participation shall be upon City request provided with reasonable notice of event timing. Such events will not exceed four (4) per year. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 22 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this Contract is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This Contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this Contract shall be determined 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 Contract. P. FINES The Contractor shall be liable for all violation fines levied against the City by State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 23 EXHIBIT A -1 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY TO ILLUSTRATE EXISTING CITY OF SANTA ANA PARKING STRUCTURE AND SURFACE LOT LOCATIONS STH ST F N 0 O C ( ::1 4TH ST S U r N N o: N 1 i 3 3 o '1; CITY of SANTA PARKING STRUCTURES AND SURFACE LOT f N s H 4TH ST iiiii 'a 3 3 c m 2ND ST own A Third & Broadway 3 Levels - 440 Spaces B Fifth & French 4 Levels - 700 Spaces C Third & Birch S Levels - 400 Spaces D Fifth & Main 7 Levels - 400 Spaces 1 Third & Bush Surface Lot - 62 Spaces City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 24 CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES EXHIBIT A -2 THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY TO ILLUSTRATE EXISTING EQUIPMENT AT EACH LOCATION STRUCTURE A 201 West 3rd Street Current Equipment 1 180 8 8 1 Elevator Interior Light Fixtures 408 lamps Exterior Lights & Fixture Roof Pole Lights & Fixture Landscape Irrigation System 1 Sump Pump Parking Equipment 5 3 1 1 5 Office Equipment Federal APD Gates Federal APD Ticket Spitters Amano Register Amano Validator Proximity Card readers Service by Amtech T12 30 Watt 48 -IN FLRMP 150 Watt HPS Medium Size 250 Watt HPS Mogul Size Service by Specialty Environments Service by OC Pump Service and Repair by Total Access Company 1 Access Card Dell PC & program 1 Access Card Controller box 4 Vertex VX230 UHF 16 Channel two way radios 2 Vertex VX spare battery 1 Vertex VX six bank rapid charger 3 Vertex VX remote speaker microphone 2 Telephone and base 1 Security/ Information desk 1 Cashier Booth STRUCTURE B 300 East Sth Street Current Equipment 2 160 32 9 1 Elevators Interior Light & Fixtures Interior Fixtures 64 Lamps Roof Pole Light & Fixture Landscape Irrigation System 2 Sump Pump Service by Fujitech 150 Watt HPS Medium Size Ceiling Mount T12 30 Watt 48 -IN FLRMP Ceiling Mount 250 Watt HPS Mogul Size Pole Light Service by Specialty Environments Service by OC Pump City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 25 Parking Equipment Office Equipment 5 3 1 1 5 1 Stanley Gates Stanley Ticket Dispenser Amano Register Amano Validator Falcon Key Card Readers Falcon Key Card System 1 Telephone and base 2 Cashier Booth EXHIBIT A -2 Service and Repair by Total Access Company STRUCTURE C 310 North Birch Street Current Equipment 1 Elevators 66 Interior Light & Fixtures 15 Interior stair Light & Fixtures 6 Roof Pole Light & Fixture 1 Landscape Irrigation System 1 Sump Pump 1 Caterpillar Backup Generator Parking Equipment Office Equipment Service by Fujitech 150 Watt HPS Medium Size Pendant Light 70 Watt HPS Mogule Size Wall Mount 250 Watt HIPS Mogul Size Pole Light Service by Specialty Environments Service by OC Pump Service and Repair by Total Access Company EXHIBIT A -2 3 Federal APD Gates 1 Federal APD Ticket Dispenser 1 Amano Register 1 Amano Validator 3 Falcon Key Card Readers 1 Falcon Key Card System 2 Telephone and base 1 Cashier Booth 1 Dell Office PC 1 Brother Fax /Printer /scanner /copy machine 1 Netgear Wireless Router 1 LG Portable Air Conditioner 1 Goldstar Portable Air Conditioner STRUCTURE D 420 North Main Street Current Equipment 2 Elevators Service by Amtech 105 Interior Light & Fixtures 150 Watt HPS Megul Size Ceiling Mount 40 Interior stair Light & Fixtures T4 13 Watt Wall Mount 4 Roof Pole Light & Fixture 250 Watt HIPS Mogul Size Pole Light City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 26 1 Landscape Irrigation System 1 Sump Pump 1 Exhaust Fan Parking Equipment 3 1 1 1 2 1 Office Equipment Federal APD Gates Federal APD Ticket Dispenser Amano Register Amano Validator Falcon Key Card Readers Falcon Key Card System 1 Telephone and base 1 Cashier Booth 1 Fire Alarm System Controller Box SURFACE LOT 1 Parking Equipment LUKE (single space meter) Service by Specialty Environments Service by OC Pump Service and Repair by Total Access Company City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 27 CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES EXHIBIT A -3 DRAFT PARKING MANAGEMENT AGREEMENT City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 28 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES EXHIBIT A -4 uusuug wax exterior tily Weekly Monthly • • I I I • ...._..._..._............ _...- ....... • or as City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 29 City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 30 EXHIBIT A -4 Semi - Daily Weekly Monthly Quarterly Annually Annually 4. .ELEVATORS - -_. -.- _. -. -.- - operation tcheckfox-normal Check indicators and other lights ■ Check telephone operation ■ 5. LANDSCAPE----.- - Remove trash 6. 1 PAINTING -_ Check for rust spots on: ■ Parking control equipment - Handrails _- - - Pipe guards - . __ .. - -__ - Attendant booths - - - -- --- Elevator doors !. -.- _ Touch Up Paint -- - -. ■ .. ------- _ Check for appearance: ■ signs _ -. -. ' - - walls ----- ------- ---------- ... .. .. . ..... ............... ...... curbs Touch Up Paint • •m Repaint ■ 7. PARKING CONTROL EQUIPMENT 1 Check for proper operation - 8. - - ----------------------- - - ---- ----------- - - --- PLUMBING /DRAINAGE SYSTEM Check for proper operation: ■ _ I sanitar y facilities - --- --- --- . - floor drains -.' - - -- 1 Sump pump -._. -.- I . -_ -_ Fire protection system - - -.- 9. ROOFING AND WATERPROOFING _- ,. - - -- Check for leaks: -- -- . roofing - ( ... _! expansion points -.... windows, doors and walls _ -. -. - -- - -- - -._ . -- - - - --- . -- ___­ - floor membrane areas .......... joint sealant in floors City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 30 10 SAFETY CHECKS __... — - ----- --- --- --- . Handrails and guardrails Exit lights - -- -- - -- - -- ----- --- .. —. - -.. Emergency lights .-.--- - - -- - - - - - ---- - -- -- - -_. Trip ppp ing hazards City. of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 31 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES PROPOSERS STATEMENT and PROPOSAL FEE SCHEDULE EXHIBIT B Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. LINE DESCRIPTION MONTHLY FEE 1 PARKING STRUCTURE A 2 PARKING STRUCTURE B 3 PARKING STRUCTURE C 4 PARKING STRUCTURE D 5 SURFACE LOT 1 Total Monthly Fee (Add Lines 1 and 5): ADDITIONAL: Hourly fee for additional cashiers, parking attendants or other staff when required /requested. LEGAL NAME OF COMPANY PHONE AND FAX NUMBER BUSINESS ADDRESS PRINTED NAME OF AUTORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON - RESPONSIVE City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 32 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed 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. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of nsured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 33 EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES REFERENCES AND RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference No. 2 Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference No. 3 Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contract Individual: Phone Number: Facsimile Number: Year: Contract Individual: Phone Number: Facsimile Number: Year: Contract Individual: Phone Number: Facsimile Number: Year: City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 34 TO BE INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement and /or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. SIGNED AND PRINTED NAME TITLE City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 35 DATE TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 36 TO BE INCLUDED IN PROPOSAL EXHIBIT F noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. �� SIGNED AND PRINTED NAME TITLE City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 37 DATE TO BE INCLUDED IN PROPOSAL EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals for Parking Operations and Management Services Page 38 December 5, 2012 ADDENDUM NO. 1 REQUEST FOR PROPOSALS PARKING OPERATIONS AND MANAGEMENT SERVICES DOWNTOWN PARKING FACILITIES Notice is hereby given that the City of Santa Ana, Community Development Agency has made certain modifications, additions, and /or deletions, in the specifications to RFP NO: 12 -060 for PARKING OPERATIONS AND MANAGEMENT SERVICES DOWNTOWN PARKING FACILITIES. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on Wednesday, December 19, 2012. This addendum is provided in response to questions asked at the pre - proposal meeting conducted on November 19, 2012 and questions received after the meeting date. 1. The light fixtures in the parking structure are no longer sold in the United States. Do they need to be included in the proposal? The maintenance of all existing light fixtures needs to be included as part of the proforma per the Request for Proposals, Section XVII.3.a.ii. Although the City is in the process of potentially replacing the light fixtures with energy efficient lighting, for purposes of the proposal all maintenance costs shall be based on the structures current conditions. 2. Can we request a copy of the current operating agreement? Attached is a copy of the current operating agreement. 3. Is the City open to suggestions for staffing levels? Yes, on page 14 of the Request for Proposal, the City provided current staffing levels but is open to suggestions on improving staffing levels. 4. Which structures will be receiving new parking equipment? Currently, the City plans to upgrade access controls at all four parking structure locations. 5. Where is the parking office located? Currently, there is a parking office located on the second floor of the Third and Birch Parking Structure. With upcoming parking structure improvements, a new parking office is being proposed at the 5 "' and Main parking structure. 6. Is this a union contract? Yes, the City is looking for a parking company of which their employees have union representation. 7. What type of items are to be included in the management fee? What is reimbursable? The management fee shall be the fee the City pays the Operator for performing those obligations set forth in the Operating Agreement. Reimbursable expenses would be any expense incurred during the normal day -to -day operations of the facility including, but not limited to, payroll, payroll related expenses, employee benefits, uniforms, general liability and garage keepers liability insurance, supplies such as tickets, forms, utilities, maintenance and security. 8. Would the City like to keep current staff, and if so would they be willing to send us the pay structure? This is not a requirement of the City and it is up to the discretion of the selected parking finn if they choose to contract with current parking staff. Current parking staff pay rates range from $9.27 - $12.05. 9. Does the City have a scope of work for the security officers? Attached is a job description for the current security officers. 10. Will the security officers need a cell phone, 2 way radios, detex system, golf cart, vehicle, etc.? Currently, the security officers utilize cell phones, Vertex VX230 UHF 16 Channel two way radios and a Proguard unit. In addition, there is the need for two bicycles to perfonn bike patrol duties. 11. How many security officers are on duty per shift? Can a current shift schedule be provided? SECURITY SCHEDULE THIRD AND BROADWAY STRUCTURE (A) HOURS M T W TH F S S TOTAL HOURS 0700 -1600 X X X X X X X 56 1500 -0000 X X X X X X X 56 2300 -0800 X X X X X X X 56 2000 -0500 X X X X X X X 56 FIFTH AND FRENCH STRUCTURE HOURS M T W TH F S S TOTAL HOURS 1100 -2000 1800 -0300 X X X X X X X X X 40 32 THIRD AND BIRCH STRUCTURE ( C HOURS M T W TH F S S TOTAL HOURS 1000 -1900 X X X X X 40 1800 -0300 X X X 24 2000 -0500 X X X X 32 Should you have any questions, or require additional information, please contact Gabriela P. Lomeli, (714)647 -5479, glomeli @santa- ana.org. 2 December 13, 2012 ADDENDUM NO.2 REQUEST FOR PROPOSALS PARKING OPERATIONS AND MANAGEMENT SERVICES DOWNTOWN PARKING FACILITIES Notice is hereby given that the City of Santa Ana, Community Development Agency has made certain modifications, additions, and /or deletions, in the specifications to RFP NO: 12- 060 for PARKING OPERATIONS AND MANAGEMENT SERVICES DOWNTOWN PARKING FACILITIES. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on Wednesday, December 19, 2012. This addendum is provided in response to questions received prior to Thursday, December 6, 2012. 1. Can you please provide revenue and expense details for the past 3 years? A. 2012* 2011 2010 Total Revenue $ 1,282,738 $ 1,261,144 $ 1,140,247 Total Expense $ 956,195 $ 1,075,843 $ 905,859 * 2012 figures are through October 31, 2012 2. Are all parking revenues deposited in parking operator's bank account or in City depository? A. The operator shall take every precaution to protect the City's revenue, and to ensure that all sums due and owing the City from patrons of the Parking Facilities are properly assessed, collected, accounted for, and deposited into a depository selected and approved by the City or in parking operator's bank account with City approval. In addition, Within ninety (90) days after the end of each accounting year, the Operator shall, at the Operator's sole expense, submit to the City a Statement of Gross Receipts, audited by a Certified Public Accountant, for each accounting year 3. Do you currently accept credit cards? If yes, are all fees associated with credit card transactions pass through expenses? Who is the merchant of credit i.e., which clearing house are the credit card transactions processed through? A. Currently, none of the four parking structures have the capability for patrons to pay via credit card. The surface lot pay station is the only location where credit cards are accepted and it is a pass through expense for the parking operator. The credit card transactions are processed through Elavon. 4. What type of staffing is currently in place for maintenance /janitorial services? A. Currently, the parking operator has two full -time maintenance /janitorial staff. 5. Who will be responsible for bulb /lighting fixture replacement? A. The parking operator is responsible for maintaining and /or replacing the light fixtures as part of providing maintenance to the structures. This is a reimbursable expense. 6. Are there any City owned vehicles or golf cart that may be used by the parking operator? A. No, the City does not provide any vehicle or golf carts for use by the parking operator. 7. Who enforces the surface lot with the Digital Luke pay station? A. The surface lot is enforced by Santa Ana Police Department Parking Control Officers. 8. Is Armored Revenue pick -up a requirement or at operator's discretion? If a requirement, is there a contract current in place and what is the current cost? Should we include this cost in the management fee? A. Armored Revenue pick -up is at operator's discretion. 9. Will the contractor be selling and collecting monthly parking passes? If yes, approximately how many monthly contracts exist? A. Yes, the parking operator will be responsible for selling monthly passes and collecting monthly fees. On average, the maximum number of monthly passes sold at each parking structure are: Structure A: 400 Structure B: 600 Structure C: 300 Structure D: 500 10. Please elaborate on the validation program — who is eligible and how many validations are sold per month? Are all cost associated with generating validations a pass through expense (i.e. not part of the management fee)? A. Validations are stickers that can be purchased from the parking operator by businesses located in the downtown that choose to validate parking for their patrons. The validations can be bought in half hour or hour increments and can be used at any of the four parking structures. On average, $3,000 worth of validations are sold monthly. Costs associated with generating validations are a reimbursable expense and are not to be included in the management fee. 11. Please confirm the maintenance requirements in Exhibit A -4. Are expenses such as steam cleaning, sweeping and power washing reimbursable? If these are to be included in the management fee, please provide a current schedule / frequency of such cleaning. A. The items listed in Exhibit A -4 are reimbursable expenses and are not to be included in the management fee. 12. What are the City's payment terms? A. The City's payment terms are 30 days from date of service. For any reimbursable expenses that exceed the related month's revenue, the operator will carry over that amount to be covered by the following month's revenue if the amount of expenses exceeding revenue is $10,000 or less. For any amount above that the City will issue payment to the operator. The management fee will be deducted from revenue to arrive at the amount due to City or amount due to Operator. 13. Does the City contract directly with an elevator maintenance company? Are all elevator repair expenses paid by the City? A. The City does not contract directly with an elevator maintenance company. The parking operator is responsible for maintaining the elevators. This is a reimbursable expense. 14. Who services the sump pumps and does the City contract directly for this service? A. The parking operator is responsible for service of the sump pumps. This is a reimbursable expense. 15. Who is responsible for the cost of Garage Signage? RFP only discusses vehicle signage. A. The parking operator is responsible for maintenance and replacement of all interior and exterior signage. This is a reimbursable expense. 16. Does the City wish to keep the current security company? Can the operator propose alternative options? Is the security contract between the parking operator and security firm or between the City and security firm? When does the current contract expire? A. The security contract is between the parking operator and security firm. It is up to the discretion of the selected parking operator if they choose to contract with the current security company. The parking operator can propose a security firm of their choice, but must have Santa Ana Policy Dept. approval prior to commencement of work. Currently, the parking operator has a month -to -month security contract with Universal Protection Service. 17. Can the City please provide an attendant labor schedule that will commence once automation is implemented at the facilities? A. At this time, this information is not available. Before the automation is implemented, the City and selected parking operator will discuss and finalize a labor schedule. 18. Can the City please provide the current schedule of cashier attendants (days of the week and time of day worked) for each of the facilities? A. In the RFP, on pages 13 -14, you will find the operating hours for each of the parking structures and the current staffing levels for each facility. 19. Can the City please provide revenue for the previous 12 months at each facility? Can the City please provide the previous 12 months expense by facility with current contract? a 4 Monthly Revenue Monthly Expenditures Parking Structure A Nov -11 $ 37,506 $ 48,281 Dec -11 $ 39,381 $ 51,846 Jan -12 $ 44,228 $ 43,355 Feb -12 $ 45,775 $ 42,285 Mar -12 $ 46,785 $ 40,373 Apr -12 $ 46,412 $ 39,577 May -12 $ 51,692 $ 39,920 Jun -12 $ 44,705 $ 38,870 Jul -12 $ 41,370 $ 44,267 Aug -12 $ 47,199 $ 39,379 Sep -12 $ 46,359 $ 42,892 Oct -12 $ 39,314 $ 44,799 Parking Structure B Nov -11 $ 22,858 $ 20,674 Dec -11 $ 14,312 $ 16,903 Jan -12 $ 21,488 $ 17,752 Feb -12 $ 20,747 $ 18,079 Mar -12 $ 26,542 $ 18,176 Apr -12 $ 20,995 $ 17,276 May -12 $ 30,888 $ 25,057 Jun -12 $ 16,871 $ 18,514 4 5 Jul -12 $ 20,604 $ 18,814 Aug -12 $ 22,265 $ 21,752 Sep -12 $ 23,868 $ 21,896 Oct -12 $ 32,652 $ 25,061 Parking Structure C Nov -11 $ 35,050 $ 17,103 Dec -11 $ 30,730 $ 13,347 Jan -12 $ 38,228 $ 17,130 Feb -12 $ 35,203 $ 15,100 Mar -12 $ 40,526 $ 14,774 Apr -12 $ 36,280 $ 17,179 May -12 $ 39,888 $ 18,688 Jun -12 $ 34,447 $ 17,556 Jul -12 $ 34,923 $ 22,038 Aug -12 $ 43,215 $ 20,196 Sep -12 $ 40,335 $ 21,801 Oct -12 $ 39,639 $ 24,163 Parking Structure D Nov -11 $ 16,390 $ 10,244 Dec -11 $ 14,407 $ 8,330 Jan -12 $ 14,123 $ 11,881 Feb -12 $ 12,584 $ 12,378 Mar -12 $ 20,513 $ 10,617 Apr -12 $ 19,896 $ 10,258 May -12 $ 18,575 $ 16,101 Jun -12 $ 19,183 $ 11,007 Jul -12 $ 18,894 $ 12,929 Aug -12 $ 21,388 $ 13,994 Sep -12 $ 19,745 $ 12,048 Oct -12 $ 18,012 $ 16,072 SURFACE LOT Jan -12 $ 2,398 $ 3,155 Feb -12 $ 2,953 $ 212 Mar -12 $ 2,914 $ 9,052 Apr -12 $ 3,027 $ 1,499 May -12 $ 2,405 $ 1,000 Jun -12 $ 3,183 $ 669 Jul -12 $ 2,764 $ 243 Aug -12 $ 2,881 $ 1,314 Sep -12 $ 1,664 $ 1,097 Oct -12 $ 2,197 $ 1,406 5 20. Can the City please provide a list of key contracts for all of the current subcontractors to the facilities? A. Currently, the parking operator has the following subcontracts: KSteam Cleaning Universal Protection Services Peninsula Pump Corporation Amtech Elevator FujiTech Elevator Terminex TSCM Corporation Specialty Environmental Co., Inc. JPC Maintenance Total Access Company 21. Can the City provide the number of supplemental hours that have been billed over the last 12 months? A. On average and excluding the major events that are held in the downtown (Cinco De Mayo and Fiestas Patrias) the supplemental hours billed over the last 12 months averages 94 hours monthly. 22. Is the City open to $1,000,000 limit per occurrence on vehicle and GKL primary insurance policies if the umbrella policy is $10,000,000 or more? A. Yes, as long as the city is also additional insured on the umbrella policy either by endorsement or by a provision in the policy. 23. Who is the current provider of security services? A. The current security services provider is Universal Protection Services. 24. Does the current total hours per week for security average 560? If not, what are total average weekly hours? A. Currently, the total hours per week for security services at Structures A, B and C averages approximately 400 hours. 25. For clear means of comparison, can the City please present all line items for inclusion in the flat monthly fee? A. The management fee is strictly the fee the parking operator will receive to operate the parking facilities. All other services and materials should be at cost and the operator will not receive any additional compensation for them as they are reimbursable expenses. As an example, the following list are examples of the reimbursable expenses to be accounted for in the pro forma but are not to be included in the management fee: Personnel Costs Professional Security Repair & Maintenance -Lot Repair & Maintenance - Equipment Sweeping Power washing Lights /lam p Fire Protection Paint Repair & Maintenance - Elevator Elevator Inspections Mileage Equipment Rental Landscaping Parking Supplies Tickets Signs Uniforms Keycard- purchases Insurance Office Supplies Telephone Water & Sewer & Utilities Janitorial Keys & Locks Accounting Fees Business License 26. Does the City manage and fund the elevator maintenance contract directly? If not, is this considered a reimbursable or required to be estimated in the flat fee? Are there contracts in place for the service? A. The parking operator is responsible for contracting and maintaining the elevators. This is a reimbursable expense. Structures A and C are serviced by Fujitech Structures B and D are serviced by Amtech 27. If the lamp and ballast replacement is performed by the operator or a subcontractor is this cost considered a reimbursable as defined in Section IV(C) 1? If not, is the cost required to be estimated and included in the contractor's flat monthly fee? A. The parking operator will be responsible for maintenance of the light fixtures, 7 including but not limited to, lamp and ballast replacement. This is a reimbursable expense. 28. How many tickets are issued annually by garage? A. Structure A: 247,506 Structure B: 97,423 Structure C: 134,457 Structure D: 71,659 29. If the landscaping is performed by the operator or subcontractor, is this cost considered a reimbursable cost as defined in Section IV(C) 1? If not, is the cost required to be estimated and included in the contractor's flat monthly fee? A. Landscape maintenance is a reimbursable expense and does not need to be included in the monthly fee. 30. If sump pump maintenance or the maintenance of the back -up generator is performed by the operator or a subcontractor, is this considered a reimbursable cost as defined in Section IV(C) 1? If not, is the cost required to be estimated and included in the contractor's flat monthly fee? A. Maintenance of the sump pump and back -up generator is the responsibility of the parking operator. This is a reimbursable expense. 31. If maintenance of fire alarm, sprinkler control equipment or extinguishers is performed by the operator or a subcontractor, is this considered a reimbursable cost as defined in Section IV(C) I? If not, is the cost required to be estimated and included in the contractor's flat monthly fee? A. This is part of the maintenance and is the responsibility of the parking operator. This is a reimbursable expense. 32. Exhibit A -4, Item 8: Fire protection system. There is generally an annual testing requirement for fire extinguishers and sprinklers. Please clarify whether these annual requirements will also be the responsibility of the contractor and whether these expenses are to be included in the contractor's flat monthly fee or will be reimbursed on an as needed basis? A. The annual testing requirement for fire extinguishers and sprinklers will be the responsibility of the parking operator. This is a reimbursable expense. 33. How often are the exhaust fans in Structure D serviced? Is the contractor responsible for the cost in the flat monthly fee, or will this be a reimbursed expense? Are there other exhaust fans not listed in the RFP for the other garages? A. The exhaust fans at Structure D are serviced annually. The cost of servicing the exhaust fans is a reimbursable expense. This is the only location that has exhaust fans. 34. How is the fuel for the generator maintained? Who is responsible for cost of the system? A. The fuel for the generator is maintained by the parking operator. This is a reimbursable expense. 35. Is the revenue banked into the City account? A. The Operator shall take every precaution to protect the City's revenue, and to ensure that all sums due and owing the City from patrons of the Parking Facilities are properly assessed, collected, accounted for, and deposited into a depository selected and approved by the City or in parking operator's bank account with City approval. In addition, Within ninety (90) days after the end of each accounting year, the Operator shall, at the Operator's sole expense, submit to the City a Statement of Gross Receipts, audited by a Certified Public Accountant, for each accounting year 36. Please clarify whether the 25 page maximum includes: • Table of Contents • Audited Financial Statement (Item A.8.a.) • Transition Schedules (Item A.3.c. asks for a time implementation schedule — this can be numerous pages) • Dividers • Exhibits A. The 25 page maximum excludes front and back covers, section dividers and exhibits. All other material submitted as part of the submittal requirements must be within the allowed 25 page maximum. 37. Submittal Requirements, Item A.2. In consideration of page limitation, please confirm whether bins are interchangeable with "brief resumes ?" A. Yes, brief resumes are acceptable. 38. Page 10, Item A.9.c. Please clarify the requested proposal structure. Are we to submit responses in order of Submittal Requirements, Item XVII, pages 8 -10? A. Yes, the proposal structure should follow the order stated under Section XVII, Submittal Requirements, pages 8 -10. 39. Exhibit A -4, page 30, Item 7 — Parking Control Equipment. Is this subcontract for equipment servicing to be factored into the proposed monthly Flat fee, or is this considered a reimbursable expense? A. This is not to be included as part of the monthly fee. The servicing of the parking equipment is a reimbursable expense. 40. Addendum No. 1, Question 3: Staffing Levels. For the sake of proposal comparison, are we to present our bids based on current staffing levels, or are we to present bids based on our staffing recommendations? A. In the RFP, on pages 13 -14, you will find the operating hours for each of the parking structures and the current staffing levels for each facility. It is at the discretion of each proposer to present their bids considering the most optimal staffing levels for the proper an efficient operations of the facilities. Should you have any questions, or require additional information, please contact Gabriela P. Lomeli via telephone at (714)647 -5479 or via email at glomeli@santa- ana.org. 10 EXHIBIT B OPERATOR'S PROPOSAL 35 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT 00 ALCOKO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYwv) 94125120,3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER ADD Risk Services Central, Inc. Chicago IL Office CONTACT NAME. PHONE (8667 283 -7122 FAX 800 -363 -0105 (A/O. No. Exq: AIC. NO.: EMAIL ADDRESS: 200 East Randolph Chicago IL 60601 USA INSURER(S) AFFORDING COVERAGE NAIL N XSLG INSURED INSURER A ACE American Insurance company 22667 Central Parking corporation Central Parking System Inc. 2401 215t Ave. South, Ste 200 INSURER B: National Union Fire Ins CO of Pittsburgh 19445 INSURER C: Commerce & Industry Ins Co 19410 Nashville IN 37212 USA INSURER O: XL Insu Dance America Inc 24554 A PREMISES Ea poca,incel INSuRER E: Federal Insurance Company 20281 CLAIMSMADE X❑ OCCUR INSURER F. Lexington Insurance Company 19437 COVERAGES CERTIFICATE NUMBER: 570049727592 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD MMI00 LIMITS GENERAL LIABILITY XSLG EACH OCCURRENCE $2,000,000 X cOMMERCwL GENERAL UAewTY SIR applies per policy ter s & condi ions A PREMISES Ea poca,incel 82,000,000 CLAIMSMADE X❑ OCCUR MED E %P (Any one person) Excluded PERSONAL AOV INJURY $2,000,000 GENERAL AGGREGATE S2,000,000 G EN'IAGGREGATELIMIT APPLIES PER PRODUCTS COMPOPAGG 52,000,000 POLICV PRO - % LOC A AUTOMOBILE UVAILITY ISA HO 71 741 011011201 01,101/2014 COMBINED SINGLE LIMIT Ea ccitlenl a $2,000,000 BODILY INJURY (Per person) X ANY AUTO BODILY INJURY(ParaccidenO ALL OWNED SCHECULED AUTOS AUTOS % HIREOAUTOS NON OWNED AUTOS PROPERTY DAMAGE Per accNenp Garagekeapers Limit 52,000,000 C x UMBRELLAUA1 EXCESS 4AB x I OCCUR CLAIMSMACE BE060468745 SIR applies per policy terns 01/01/2013 & condi 01/01/2014 ions EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 DED % RETENTION i10. LOO A A WORKERS COMPENSATION AND EMPLOYERS'LABILITY ANY PROMIETORIPARTNER E %ECUTP /E YIN CPFICERMEMBER Itxcco'c' 7 (Mandatory in NH) NIA WLRC47130505 A03 5CIC47130517 WI 01/01/2013 01/01/2013 01/01/2014 01/01/2014 WC STATU- CTH- X TORY LIMITS R E.L EACH gCCIOENT S1,000,DDH EL DISEASE EA EMPLOYEE $1,000,000 d es. tlemnbeunder DESCRIPTION OF OPERATIONS Oeipw E. L. DISEASE POLICY LIMIT $1,000,000 e Misc Liab Cvg 015715912 01/01/2013 01/01/2014 Occurrence $1,000,000 Crime DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ARaoh ACORD 101, Additional Remarks Schedule, if mare apace is raquimd) HE' Location No. 072 -0480 to 072 -0484. insurance charges will include all applicable premiums and costs, as well as retained exposure charges established by the Named Insured. The City of Santa Ana and its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability polity. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. d c m 9 9 S O Z m Y m V CERTIFICATE HOLDER CANCELLATION i2 City of Santa Ana Community Developmenr Agency Attn: Contract Administrator PO Box 1988, M -25 Santa Ana CA 92702 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORjj P R VED AS TO FORM I Ic0 G QTr prw / 7 / AGENCY CUSTOMER ID: 570000025472 —1 LOC #: ACC7RO' ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY ADO Risk Services Central, Inc. NAMED INSU RED Central Parking Corporation POLICY NUMBER See Certificate Number: 570049727592 CARRIER See Certificate Number: 570049727592 NAIL CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CertifCate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G: Liberty Insurance underwriters, Inc. 19917 INSURER H: National Surety Corporation 21881 INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate forth for policy limits. I \SR LTR TY PE OF ENS0 RACE IDDL 1CSR Stoll %VD POLICY 6LNRER POLICY EFFECTIVE DATE c,INI!DDIYYYY) I POLICY EXPIRATION DATE (%tM;DDIYN1Y) LIMITS AUTOMOBILE LIABILITY A XSLG27016601 Garage Liability SIR applies per policy to 01/01/2013 ns d Condit 01/01/2014 ons oth than Auto - agg $15,000,000 Auto only - ea Accid $2,000,000 Dth than Auto - ea ac $2,000,000 EXCESS LIABILITY D us00005541Li13A S25M xs S25M 01/01/2013 01/01/2014 Aggregate $25,000,000 E 93642007 S25M xs SWIM 01/01/2013 01/01/2014 Aggregate $25,000,000 G 100002719908 S25M xs $7SM 01/01/2013 01/01/2014 Aggregate $25,000,000 H SHX00048684724 $25m Xs $LOOM 01/01/2013 0110112014 Aggregate $25,000,000 Each occurrence $25,000,000 OTHER F Er7 xcess Auto LTa i I 028339649 Auto Excess I 01/01/2013 01/01/2014 occ d Agg 3,000,000 ACORD 101 (70DRIDI) The ADORE, name and logo are registered marks or ACORD 2008 "1 i9 "'frEivi LIbA E K Assistant City Attorne, �,/� ADDITIONAL INSURED — WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Standard Parking Corporation Endorsement Number 2 Policy Symbol Policy Number Policy Period Efective pate of Endorsement XSL 027016601 01/01/2013 to 01/01/2014 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the Information Is to De Completed only when iris endorsement Is Issued suDSequent to the preparation of me THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CObAfERCIAL GENERAL LIABILITY COVERAGE FORM Section II, Who Is An Insured is amended to include: Any person or organization you are obligated to include as an additional insured under this policy pursuant to any written contract or agreement which requires you to furnish insurance to that person or organization of the type provided by this policy or where a certificate of insurance has been issued showing that person or organization as an additional insured, but only with respect to liability arising out of your operations. However, the insurance provided will not exceed the coverage or limits of this policy. All Other Terms and Conditions Remain Unchanged M 5110730113 APPROVED AS TO riutcr,I UaA E, SIO?CF� Assistant C y attorney :VU POLICY NUMBER: XSLG27016601 ENDT. #4 NON - CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Standard Parking Corporation 4 Policy Symbol Policy Number Pol01icy Period Effective Date of Endorsement XSL G27016601 01//2013 to 01/01/2014 Issued By (Name of Insurance Company) ACE American Insurance Company Inuit the icy numbef. The remainder of the information m to be completed only when this endorsement is Issued subsequent to the praparaton of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement (if no information is filled in, the schedule shall read: Ali persons or entities added as additional insureds through an endorsement with the term Additional Insured° in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured ") for a loss we cover under this policy, this insurance will apply to such loss and we will not seek contribution from the other insurance available to the Additional Insured. Your "retention amount" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. Authorized Agent -- c-TC9 XS -20288 (UbMb) APPxu V D� --- -- - LISA E. K Assls'.ant City AttornVI N " °® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /0014 Y) 01101/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Aon Risk Services Central, Inc. Chicago IL Office CONTACT NAME: VII No. Ext); (866) 283 -7122 jao No : 800- 363 -0105 E -MAIL ADDRESS: 200 East Randolph Chicago IL 60601 USA INSURERS) AFFORDING COVERAGE NAIC# XSLG 7 $ INSURED INSURERA: National union Fire Ins Co Of Pittsburgh 19445 SP Plus Corporation Central Parking Corporation Central Parking System Inc. INSURER B: ACE American Insurance Company 22667 INSURER C: Commerce &Industry ins Co 19410 INSURER O: Federal Insurance Company 20281 2401 21st Ave. South, Ste 200 Nashville TN 37212 USA INSURER E: XL Insurance America Inc 24554 fI y ��� INSURER F: Liberty Insurance Underwriters, Inc. 19917 dot L• Y� COVERAGES CERTIFICATE NUMBER: 570052516795 REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSR WAD POLICY NUMBER MMIDDIYYYY MMIDDIY Y LIMITS B GENERAL LIABILITY XSLG 7 $ EACH OCCURRENCE $1,750,000 X COMMERCIAL GENERAL LIABILITY SIR applies per policy terns & cOndl 10n5 PREMISES En sacunence $1,750,000 CLAIMS -MADE ❑X OCCUR MED EXP(Any one person) EXcl tided PERSONAL& ADV INJURY $1,750,000 GENERALAGGREGATE $1,750,000 _Wy GEN'LAGGREGLIMIT APPLIES ATE PER PRODUCTS - CCMP,OP AGO $1,750,000 PRO X POLICY LOC B AUTOMOBILE LIABILITY ISAH08815434� 'P w S COMBINEDSINGLE LIMIT Ea accident $2,000,000 DOILY INJURY (Per person) X ANY AUTO BODILY INJURY (Per accident) X ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS NON -OWNED AUTOS J ®� C ay� St 2,1 CC A City f> ••��j'��� �1 ,t ®C"n PROPERTY DAMAGE (Pereccident Garagakeepers Limit $2,000,000 D X UMBRELLA UAB X OCCUR BE034545 6 $ 01/01/2014 01/01/2015 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $25,000,000 DED X RETENTION $10,000 B B WORKERS COMPENSATION AND YIN ANY PROPRIETOR/ PARTNER I EXECUTIVE OFFICEWMEMBER EXCLUDED? /MYandatory in NH) NIA ADS SCFC47874762 wi 01/01/2014 01/01/2014 01/01/2015 01/01/201$ X TORY LIMITS ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Misc Liab Cvg 017205111 01/01/2014 01/01/2015 Occurrence $1,000,000 Crime DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space le required) City, its officers, employees, agents, volunteers and representative are included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy.General Liability evidenced herein is primary and non - contributory to other insurance available to an additional insured, but only to the extent required by written contract with the insured. Insurance charges will include all applicable premiums and costs, as well as retained exposure charges established by the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE clerk of the City Council 20 Civic n Plaza 9 702-19 r e r9GG�d 4 <e/ 9T0 PO Box 1988 Santa Ana cA. 92702 -1988 USA ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD `m .c a V a m F, ro N r AGENCY CUSTOMER ID: 570000025472 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY ADD Risk Services Central, Inc. NAMEDINSURED SP Plus Corporation POLICY NUMBER See certificate Number: 570052516795 CARRIER See Certificate Number: 570052516795 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G :Lexington Insurance Company 19437 INSURER H :National surety corporation 21881 INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits, INSR LM TYPE OF INSURANCE ADDL EVSR SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE 1MMUTYY POLICY EXPIRATION DATE MM/DDIYWY) LIMITS AUTOMOBILE LIABILITY B XSLG27328325 Garage Liability SIR applies per policy to 01/01/2014 as & conditions 01/01/2015 Oth than Auto - agg $15,000,000 Auto Only - ea Accid $1,750,000 oth than Auto - ea ac $1,750,000 EXCESS LIABILITY E US00005541LI14A $25m xs $25m 01/01/2014 01/01/2015 Aggregate $25,000,000 D 93642007 $25M xs $50M 01/01/2014 01/01/2015 Aggregate $25,000,000 F 100002719909 $25m xs $75M 01/01/2014 0110112015 Aggregate $25,000,000 H SHXOOOISO87216 $25m xs $100m 01/01/2014 0 5 Aggregate $25,000,000 Each occurrence $25,000,000 OTHER G Excess Auto Lia 028339649 Auto Excess 01/01/2014 01/01/2015 Oct & AOo $ ,000,000 ACORD 101 120 0 8101) 02008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYVY) 0,,0, 120,4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER AOn Risk Services Central, Inc. Chicago IL Office CONTACT NAME' IPJC.NN.EXq: (866) 283 -7122 aC NO: 800- 363 -0105 E -MAIL ADDRESS: 200 East Randolph Chicago IL 60601 USA INSURER(SI AFFORDING COVERAGE I # XSLG INSURED INSURER A National Union Fire Ins CO of Pittsburgh 19445 SP Plus Corporation Central Parking teOn Central Parking System m Inc. In Sys INSURER a: ACE American Insurance Company 22667 INSURER C: Commerce & Industry Ins Co 19410 2401 21St Ave. South, Ste 200 Nashville TN 37212 USA INSURER D: Federal Insurance Company 20281 INSURER E: XL Insurance America Inc 24554 COMMERCIAL GENERAL LIABILITY INSURERF: Liberty Insurance Underwriters, Inc. 19917 COVERAGES CERTIFICATE NUMBER: 570052519690 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSR MO POLICY NUMBER LI MITS IS GENERAL LIABILITY XSLG URRENCE $1,750,000 SIR applies per policy ter ondi COMMERCIAL GENERAL LIABILITY Ee occunence $1,750,000 CLAIMS -MADE ❑X OCCUR nyone person) Excluded [(MP1M01LDCD',1,1YYYY1 M(Anyone &ADV INJURY .$1,750,000 GGREGATE $1,750,000 AGGREGATELIMIT APP LIES PER: - COMP)OP AGG $1,750,000 I'L LIGV PRO X Ii AUTOMOBILE LIABILITY ISAH08815434 201 SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY( Per person) X ANY AUTO BODILY INJURY (Per accident) X ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE X HIREDAUTOS AUTOS Poreccident Gaagekeepers Limit $2,000,000 C X UMBRELIA LIAB X OCCUR DE034545056 01/01/201 EACH OCCURRENCE $25,000,000 EXCESS ILIAD CLAIMS -MADE AGGREGATE $25,000,000 DED X RETENTION $10, 000 R WORKERS COMPENSA ION AND WLRC47874750 01/01/2014 01 /01 /2015 X TORY LIMITS ERH YIN ADS E.L. EACH ACCIDENT $1,000,900 B ANY PROPRIETOR I PARTNER) EXECUTIVE Fq NIA SCFC47874762 01/01/2014 01/01/2015 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) wI E.L. DISEASE-EA EMPLOYEE $1,000,000 I�ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Misc Liab Cvg 017205111 01/01/2014 01/01/2015 Occurrence $1,000,000 Crime DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Location No. 072 -0480 to 072 -0484. Insurance charges will include all applicable premiums and costs, as well as retained exposure charges established by the Named Insured. The City of Santa Ana and its officers agents and employees are included as Additional insured in accordance with the policy provisions of the General Liability policy. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Community Development Agency Attn: Contract Administrator PO to 1988, M -25 (�/% m� �%v�� Panto Ana CA 92702 USA tJc'KO9a clot ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 0 N 0 d w c a a a L Z d) u r v V AGENCY CUSTOMER ID: 570000025472 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMED INSURED SP Plus Corporation POLICY NUMBER see Certificate Number: 570052519690 CARRIER See Certificate Number: 570052519690 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G :Lexington Insurance company 19437 INSURER H :National Surety Corporation 21881 INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. EVSR LTR TYPE OF INSURANCE ADDL WSR 9UBR WVD POLICY NUMBER EFFECTIVE POLICY DATE DATE M1IM/DD/YY POLICY EXPIRATION DATE MMd)D/YYY LIMITS AUTOMOBILE LIABILITY B XSLG27328325 Garage Liability SIR applies per policy to 01/01/2014 ms & conditions 01/01/2015 Oth than Auto - agg $15,000,000 Auto Only - ea Accid $1,750,000 oth than Auto - ea ac $1,750,000 EXCESS LIABILITY E US00005541L114A $25m x5 $25m 01/01/2014 01/01/2015 Aggregate $25,000,000 D 93642007 $25M xs $SOM 01/01/2014 01/01/2015 Aggregate $25,000,000 F 100002719909 $25M Xs $75M 01/01/2014 01/01/2015 Aggregate $25,000,000 H SHX00015087216 $25m XS $100m Aggregate $25,000,000 Each Occurrence $25,000,000 OTHER G Excess Auto Lia 028339649 Auto EXCeSs 01/01/2014 01/01/2015 Oct & ACID $ ,000,000 ACORD 101 (20 0 8101) OO 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Checklist for Contractor Policies Name of Contractor: _ C, .r Date Certificate of Liability Insurance Submitted: j d Permit No. Issued: - -20 V3 —0 V Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Insurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: 1. Name and Address of a Producer [ 7. Policy Number and Check to Verify Insurance is Effective During Project Date ]. 2. Name and /or Telephone Number for or Contract Term Producer Contact ] 3. Name and Address of Contractor 4. Name of the Insurance Company(ies) 5. Boxes Checked Identifying the Type of Coverage 6. Additional Insured Box May be Checked and Separate Additional Insured Endorsement Fonn Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primary Language on Acceptable Additional Insured Endorsement 8. Correct Coverage Dollar Amounts Listed 9. Project Description by Number or Location (if applicable) XL 10. Name of City and Address VJ 11. Insurer's Signature Required (not the contractor's signature) [ 12. To Approve, Write "Reviewed by [sign your name]" on Every Page of the Certificate of Insurance and all Endorsements and Write the Number of Pages (ex. 1/4 or 4/4) Contact the City Attorney's Office if you have any questions — Lisa Storck Y 5207 s NA M A � CERTIFICATE OF LIABILITY INSURANCE DATE(MM 01/12//2015 2015 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Aon Risk Services Central, Inc. Chicago IL Office -1/ CONTACT NAME: (AICNNo. Ext): (866) 283 -7122 AX No.): 800- 363 -0105 200 East Randolph Chicago IL 60601 USA E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE American insurance Company 22667 SP Plus Corporation Central Parking corporation /> Central Parking System Inc. °V V 2401 21st Ave. South, Ste 200 Nashville TN 37212 USA INSURER B: National Union Fire Ins Co Of Pittsburgh 19445 INSURER C: Commerce & Industry Ins Co 19410 INSURER D: Lexington Insurance Company 19437 INSURERE: ACE Property & Casualty Insurance Co. 120699 DAMAGE TO RENTED PREMISES Ea occurrence INSURER F: Federal Insurance Company 20281 COVERAGES CERTIFICATE NUMBER: 570056591189 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD U R WVD POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DD/YWY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE $1,750,000 CLAIMS -MADE X❑ OCCUR SIR applies per policy terns & COndl lOnS DAMAGE TO RENTED PREMISES Ea occurrence $1,750,000 MED EXP (Any one person) Excluded PERSONAL &ADV INJURY $1,750,000 GENIAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $1,750,05-0 POLICY ❑ PRO F LOC JECT PRODUCTS - COMP /OPAGG $1,750,000 OTHER: A AUTOMOBILE LIABILITY ISA H08829603 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY ( Per person) ANYAUTO BODILY INJURY(Per accident) ALLO WNED HEDULED AUTOS AUTOS HIREDAUTOS NON -OWNED IIX AUTOS PROPERTY DAMAGE Per accident Garagekeepers Limit $2,000,000 C X UMBRELLALIAB X OCCUR BE19961770 01/01/2015 01/01/2016 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $25,000,000 DED I X RETENTION$10,000 A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? F9 (Mandatory in NH) N/A WLRc48137933 ADS SCFC48137957 wI 01/01/2015 01/01/2015 01/01/2016 01/01/2016 X I PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Misc Liab cvg 023173357 01/01/2015 01/01/2016 occurrence $1,000,000 crime DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Location No. 61053, 61054, 61056, 61057, 61058. The city of Santa Ana and its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability policy. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. Insurance charges will include all applicable premiums and costs, as well as retained exposure charges established by the Named Insured. 0 0 m w W Q 22 O 2 00 rn LD 0 0 O Z w M u v= t N U CERTIFICATE HOLDER CANCELLATION lip SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Santa Ana AUTHORIZED REPRESENTATIVE Community Development Agency Attn: Contract Administrator e t PO Box 1988, M -25 Santa Ana CA 92702 USA steed 78C+ ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD n t" AGENCY CUSTOMER ID: 570000025472 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMED INSURED - sP Plus corporation POLICY NUMBER see Certificate Number: 570056591189 CARRIER See Certificate Number: 570056591189 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G: Liberty Insurance Underwriters, Inc. 19917 INSURER POLICY EFFECTIVE INSURER LIMITS INSURER TYPE OF INSURANCE ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE INSD W VD DATE DATE (MM/DD/YYYY) (MNI/DD /YYYY) AUTOMOBILE LIABILITY A XSLG27338860 01/01/2015 01/01/2016 Oth than $15,000,000 Garage Liability Auto - agg SIR applies per policy to ms & conditions Auto Only - $1,750,000 ea Accid oth than $1,750,000 Auto - ea ac EXCESS LIABILITY E XCQG27637516 01/01/2015 01/01/2016 Aggregate $25,000,000 $25m xs $25m F 93642007 01/01/2015 01/01/2016 Aggregate $25,000,000 $25m xs $50m G 100002719910 01/01/2015 01/01/2016 Aggregate $50,000,000 $50M xs $75m Each $50,000,000 occurrence OTHER D Excess Auto Lia 028339649 01/01/2015 01/01/2016 Occ & Agg $3,000,000 Auto Excess ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. giv e,wed 4y