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HomeMy WebLinkAboutCENTRAL PARKING SYSTEM, INC. (PARKING GARAGES -2015)iNSURAWL ON FILE WORK MAY PROCEEi7 UNTIL INSURANCCEXPIRES CLERK OF COUNCIL �l DATE' i.(..— �J FIRST AMENDMENT TO OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND CENTRAL PARKING SYSTEM, INC. A- 2015 -046 THIS FIRST AMENDMENT TO OPERATING AGREEMENT (this "Amendment ") is made this 7"' day of April, 2015, 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 "). RECITALS: A. City and Operator are parties to a certain Operating Agreement dated May 1, 2013 (the "Agreement" #A -2013 -049), pursuant to which Operator operates and manages certain parking garages and lots in and for the City of Santa Ana (the "Premises "), as further described in the Agreement. B. The Agreement expires by its own terms on April 30, 2015. . C. City desires Operator to continue operating and managing the Premises beyond April 30, 2015, in accordance with the terms and conditions appearing in the Agreement and as further described below. D. The parties desire to amend the Agreement upon the terms and conditions herein set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, duly authorized and intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are incorporated into this Amendment. All capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless such terms are expressly defined otherwise herein. 2. TERM OF AGREEMENT. Commencing May 1, 2015, the Agreement will continue on a month - to- nnonth basis until one party provides the other with a thirty (30) day written termination notice. 3. COMPENSATION AND REIMBURSEMENT OF OPERATING EXPENSES. Operator agrees to accept a Management Fee in the amount of Two "thousand Five Hundred Dollars ($2,500.00) per month for the services set forth in the Agreement. Section 4(a) of the Agreement shall be revised to remove the "not to exceed" language appearing in the second sentence. Operator shall be reimbursed for all Operating Expenses as set forth in the Agreement. Operator shall not make any purchases of equipment or supplies over Five Hundred Dollars ($500.00) without prior written approval of the Contract Administrator. 4. NOTICE. Section 24 of the Agreement shall be revised to reflect a change in notice address for Operator as follows: To Operator: SP Plus Corporation 3420 Bristol Street, Suite 225 Costa Mesa, CA 92626 Attn: Regional Manager With a copy to: SP Plus Corporation 507 Mainstream Drive Nashville, TN 37228 Attn: Legal Department 5. NO OTHER CHANGES. Except to the extent expressly modified by this Amendment, all of the terms and provisions of the Agreement are hereby ratified and confirmed, and remain in full force and effect. IN WITNESS WHEREOF, City and Operator have executed and delivered this Amendment as of the date first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C�� L Wv-' Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA David C vazos City ,Manager OPERATOR: CERTIFICATE OF LIABILITY INSURANCE DATF(OMMMM/20 " /D15 16 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 endomement(s). PRODUCER ACT Risk Services Central, Inc. Chicago IL Office CONTACT NAME: LIMITS PHONE (866) Ex<) C866) 283 -]122 AIC. No 800 - 363 -0105 EMAIL ADDRESS: 200 East Randolph Chicago IL 60601 USA INSURERIS) AFFORDING COVERAGE NAICa INSURED INSURERA: ACE American Insurance Company 22667 SP Plus Corporation central Parking Corporation central Parking System Inc. INSURER B: National union Fire Ins CO of Pittsburgh 19445 INSURER C: Commerce & Industry Ins Cc 19410 2401 21st Ave. South, Ste 200 Nashville TN 37212 USA INSURER D: Lexington Insurance Company 19437 INSURER E: ACE Property & casualty insurance Co. 20699 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 CONTRACTOR 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, EXCLUSIONSAND 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 DER MO POLICY NUMBER P I YEFF MM /DDI1'YYY P I EXP MMIDDMr1'Y LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE $1,750,000 SIR applies per policy ter is & Condi ions MAGE TORE TED $1,750,000 CLAIMS -MADE ❑% OCCUR PREMISES Ee occurrence MED EXP (Any one person) Excluded PERSONAL& ADV INJURY $1,7510 GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $1,750,000 POLICY ❑ E0. XX PRODUCTS - COMPIOPAGG $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 (P., parson) X ANYAUTO BODILY INJURY (Per accldenp X ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE X HIREDAUTOS AUTOS Per mOdant caragakaapars Limit $2,000,000 C X UMBRELL4LIAB X OCCUR BE19961770 01/01/2015 01/01/2016 EACH OCCURRENCE $25,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $25,000,000 DEB I X I RETENTION $10,000 A WORKERS COMPENSATION AND WLRC48137933 0110112015 01/01/2016 X I PER STATUTE I OTH- ER EMPLOYERS' LIABILITY YIN ADS EL EACH ACCIDENT $1,000,000 A ANY PROPRIETOR I PARTNER I EXECUTIVE F9 NIA SCFC48137957 01/01/2015 01/01/2016 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) wi E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, descrlbe 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 $1,000,000 Crime DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Location No. 61053, 61054, 61056, 61057, 61058. The City of Santa Ana and its officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. Insurance charges will include all applicable premiums and costs, as well as retained exposure charges established by the Named insured. O 2 d N J v U CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE I Community Development Agency j Sant Contract Administrator I � ` '� ,�I$ PO Box 1988, M -25 CC�Jf/6 Santa Ana CA 92702 USA s6veuD rtl P � ©1980 O D b O. TIO .A mgit'_hts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD LOSS �_. c qey Pysls�ant C1tY g I t AGENCY CUSTOMER ID: 570000025472 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMED INSURED SP Plus corporation POLICYNUMBER See certificate Number: 570056591189 CARRIER see certificate Number: 570056591189 NAIC CODE EFFECTIVE DATE', ADDITIONAL REMARKS Nssl,' a µ (r. 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: IV 1. Name and Address of a Producer X, 7. Policy Number and Check to Verify Insurance is Effective During Project Date Ki 2. Name and/or Telephone Number for or Contract Tenn Producer Contact [A 3. Name and Address of Contractor 1XI 4. Name of the Insurance Company(ics) 14, 5. Boxes Checked Identifying the Type of Coverage KI 6. Additional Insured Box May be Checked and Separate Additional Insured Endorsement Form 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) IX 10. Name of City and Address 11. Insurer's Signature Required (not the contractor's signature) KI 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) 1 Contact the City Attorney's Office if you have any questions — Lisa Storck x 5207 .S DATE(MMIDD /YYYY) 12/21/2015 CERTIFICATE OF I I 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 o 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). CONTACT qY PRODUCER 'NAME: :2 Aon Risk Services Central, Inc. + PHONE (866) 283 -7122 FAX 800 -363 -0105 Q) Chicago IL office (AIC. No. Ext): (A/C. No.): 200 East Randolph E -MAIL o Chicago It 60601 USA ADDRESS: y INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Commerce & Industry Ins Co 19410 SP Plus Corporation INSURER B: Federal Insurance Company 20281 Central Parking Corporation Central Parking System Inc. INSURER C: ACE Property & Casualty Insurance Co. 20699 2401 21st Ave. South, Ste 200 INSURER D: Liberty Insurance underwriters Inc. 19917 Nashville TN 37212 USA INSURER E: National union Fire Ins CO of Pittsburgh 19445 INSURER F: New Hampshire Ins co 123841 COVERAGES CERTIFICATE NUMBER: 570060553634 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 INSD WVD POLICY NUMBER MMIDD /YYYY MM /DDIYYYY LIMITS E X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $3,000,065 / SIR applies per policy terns & conditions DAMAGE ryf/ CLAIMS -MADE X❑OCCUR $2,000,000 PREMISES Ea occurrence X Contractual Liability Included MED EXP (Any one person) Excluded Garage Liability Included PERSONAL & ADV INJURY $3,000,000 M GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $15 , 000 , 000 POLICY PRO- JECT F LOC PRODUCTS - COMP /OP AGO $3,000,000 2 OTHER: p h- E CA 9734173 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $S,000,000 A05 Ea accident �® E X ANY AUTO CA 9734174 01/01/2016 0110112017 BODILY INJURY ( Per person) s_..._e_. ALL OWNED SCHEDULED MA BODILY INJURY (Per accident) gy E AUTOS NON OWNED CA 9734175 01/01/2016 01/01/2017 PROPERTY DAMAGE HIRED AUTOS AUTOS VA Per accident) Garagekeepers Limit $3,000,000 W A X UM13RELLALIAII X OCCUR BE19086669 01/01/2016 0110112017 EACH OCCURRENCE $25,000,000 U EXCESS LIAB CLAIMS -MADE AGGREGATE $25,000,000 DED X RETENTION$25,000 Y F WORKERS COMPENSATION AND wc068022263 01/01/2016 017017017 X PER JOTH EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE YIN A05 E.L. EACH ACCIDENT $1,000,000 F OFFICER /MEMBER EXCLUDED? NIA WC068022270 01/01/2016 01/01/2017 (Mandatory in NH) RETRO E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 ---- H MiSC Liab Cvg SAA50414480000 Crime 01/01/2016 01/01/2017 Occurrence $1,000,000 SAA50414490000 Crime XS DESCRIPTION OF OPERATIONS I LOCATIONS / 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. 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 rr� POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Community Development AgencyM'" Attn: Contract , Administrato r, 1988 PO sox 1988, NI -25 Santa Ana CA 92702 USA 01988-2014 ACORD 7PORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD I d. AGENCY CUSTOMER ID: 570000025472 LOC #: ADDITIONAL REMARKS SCHEDULE Page — of AGENCY Aon Risk services central, inc, NAMEDINSURED SP Plus corporation POLICY NUMBER See Certificate Number: 570060553634 CARRIER see certificate Number: 570060553634 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 NAIL # INSURER G :The insurance co of the state Of PA 19429 INSURER H :Great American insurance Co. 16691 III INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form fbr policy limits. ENSR L TR 'TYPE OF INSURANCE ADDL INSID SUBR WVD POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE DATE JMM/DDfVYYYI MM/DDIYYVY EXCESS LIABILITY C XCQG27921103001 01/01/2016 01/01/2017 Aggregate $25,000,000 $25m xs $25m B 93642007 01/01/2016 01/01/2017 Aggregate $25,000,000 $2Sm xs $50m D 100002719911 01/01/2016 01/01/2017 Aggregate $50,000,000 $50m xs $75m Each $50,000,006 Occurrence WORKERS COMPENSATION F N/A WC068022264 01/01/2016 01/01/2017 IL KY NC NH UT F N/A WC068022265 01/01/2016 01/01/2017 N3 PA F N/A wc068022266 01/01/2016 01/01/2017 1AZ VA F N/A WC068022267 01/01/2016 01/01/2017 FL F N/A WC068022268 ullui72016 01/011/20 CA F wc068022271 01/01/201E 01/01/2017 ME ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance I I INSURER(S) AFFORDING COVERAGE INSURER INSURER 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. POLICY POLICY INSR 'TYPE OF INSURANCE ADDL SURR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR INSD WVD DATE DATE IMM22iniL G N/A WC068022269 01/01/2016 -iMM/DD/YYYY 01/01/2017 MA ACORD 101 (2008101) The ACORD name and logo are registered marks of ACORD