HomeMy WebLinkAbout24 - Parking Management and Parking Enforcement ServicesTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
June 12, 2018
Agenda Item No. 24
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
Evelyn Tseng, Revenue Manager, etseng@newportbeachca.gov
949-644-3153
Professional Services Agreement for Parking Management and
Parking Enforcement Services
Approve a professional services agreement ("PSA") with AmeriPark, LLC ("AmeriPark")
for a comprehensive parking management and parking enforcement program, which
would include the overall management, maintenance and collections of on -street and off-
street parking meters and pay stations and enforcement of parking regulations in
compliance with the City's municipal code.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve and authorize the Mayor and City Clerk to execute the PSA in an amount not
to exceed $7,303,420 for a five (5) year agreement.
FUNDING REQUIREMENTS:
The current adopted budget and proposed budget for FY19 includes sufficient funding for
this contract. It will be expensed to the Parking Meter Contract account in the Finance
Department, 0103032-811030.
DISCUSSION:
Background
The City has approximately 4,082 on -street and off-street pay parking spaces, which
includes the Balboa Parking Lot and Corona del Mar Parking Lot. Parking revenues were
approximately $7.8M in FY17, not including citation revenues, and are on track to exceed
these revenues in FY18.
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In 2011, the City transitioned from in-house parking management and contracted with
Central Parking System (CPS) (also known as SP+) to operate, maintain and provide
enforcement for the City's parking meter spaces. With increased staff workloads over the
years, it is increasingly clear that the City's parking operation has benefited from full-time
expert management by a professionally managed parking firm. Contracting for parking
management and enforcement services avails the City to a full complement of
professional services that would not be possible to do in-house without the economy of
scale and cutting-edge technology that specialized parking services firms command. This
means our service to customers, maintenance of meters, and enforcement of the City's
parking ordinances benefit from full-time professional attention. As part of its due
diligence, staff has and will continue to conduct a complete and competitive selection
process for parking management and enforcement services at the end of every five-year
contract term. The CPS agreement expires on June 30, 2018.
Selection Process
The City issued a Request for Proposals (RFP) on November 10, 2017, for parking
management and parking enforcement services. The RFP solicitation was posted on the
City's public online procurement platform, PlanetBids, where it was distributed to
35 prospective bidders registered with the City as a provider of parking management and
enforcement services. The RFP deadline passed on December 22, 2017, and the City
received five (5) proposals from the following companies: Ace Parking, AmeriPark, SP+,
Serco and Laz Parking.
The evaluation and selection process followed in 3 phases:
Phase
Process
Maximum Points
Phase 1
Proposal Review
300 Points
Phase 2
Panel Interview
300 Points
Phase 3
Cost Analysis
400 Points
TOTAL:
1,000 Points
The evaluation panel comprised of staff from the Finance, Police, Public Works and
Recreation and Senior Services Departments — the departments who work closest with
parking operations.
In Phase 1 (Proposal Review), the panel evaluated all proposals, focusing on the
following criteria -
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• Qualifications and capabilities of the Proposer related to the services described in
the RFP; and
• Qualifications and capabilities of the project team that would be assigned to the
City and other assigned personnel.
All firms were rated on their technical qualifications and AmeriPark was unanimously
rated as the highest qualified company.
Phase 1 Scores
AmeriPark
Serco
SP+
Ace Parking
Proposer Expertise, Experience,
& Qualifications (300 points)
253.20
246.00
229.50
177.00
1st
2nd
3rd
4th
In Phase 2 (Panel Interview), the panel then interviewed the companies, this time focusing
on the following criteria:
• Proposer's approach to the scope of services;
• Proposer's demonstrated understanding of the project and subject matter
expertise;
• Proposer's demonstrated ability and available resources to perform the requested
services; and
• Familiarity with parking related infrastructure and software.
The panel was asked to assess the criteria above while keeping in mind the implications
of public -facing and operational areas of importance such as customer service,
enforcement, loss prevention and familiar knowledge of parking technology. Although
price was a significant factor in selecting a vendor, staff also carefully considered how
prospective vendors would satisfy certain qualitative criteria necessary to be successful
in Newport Beach. Staff developed the selection criteria based on how well the
prospective vendors could effectively and creatively satisfy the parking requirements of
its demanding residents, businesses and visitors, especially in a beach city with a large
visitor population during the summer, and conflicting business and resident parking
needs. The ability to provide a high level of customer service by employing friendly,
helpful, highly responsive customer -oriented personnel was an important aspect of staff's
evaluative review. Phase 1 confirmed that the proposers were experienced and qualified
to perform the requested services, Phase 2 assessed the operational fit and project
approach.
(Prior to the interview, Laz Parking was removed from further consideration because it
had not returned the Purchasing Agent's phone calls or e-mails requesting an interview.)
Again, AmeriPark was unanimously rated as the highest qualified company.
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Phase 2 Scores
AmeriPark
Serco
SP+
Ace Parkin
Proposed Year 1 Cost
269.70
246.83
209.63
193.58
Methodology, Approach, &
$6,493,358.00
$6,542,719.00
$6,894,653.00
$6,974,362.00
Scope of Work (300 points)
400.00
396.98
376.72
372.41
1st
2nd
3rd
4th
4th
In Phase 3 (Cost Analysis), staff reviewed the proposed costs. These initial proposals
varied widely in staffing, management and operational costs. In order to ensure a fair
comparison of the proposed costs and to ensure each proposer included all costs that
would be necessary in the required scope of work, staff requested clarification of the
pricing proposals based on uniform cost categories and minimum desired staffing; and
requested that the proposers submit a Best and Final Offer (BAFO) based on these line
items. After reviewing these submitted costs, staff then requested further detail from the
proposers as to staffing, maintenance and operations, turnaround time for revenue
collection and infrastructure maintenance and requested a second BAFO. This cost
breakdown provided a clear cost comparison across all the proposers.
In order to objectively award a score, staff provided an "apples to apples" comparison of
the pricing by equalizing such pass through costs as the Equipment Management System
Fee and Maintenance/Repair=arranties.' Pass through costs are those costs incurred
by the vendor for the ongoing maintenance of parking equipment and passed through to
the City for payment. The apples to apples pricing comparison was extrapolated over the
term of a five (5) year agreement.
For purposes of evaluation, the proposer with the lowest proposed cost, SP+, was
assigned the maximum number of points allocated for Phase 3 (400 points). Each other
proposer was assigned a number of points relative to the percentage they were more
costly than SP+ (see table below).
Phase 3 Scores
SP+
Ace Parking
AmeriPark
Serco
Proposed Year 1 Cost
$1,238,423.00
$1,232,351.00
$1,280,056.00
$1,367,087.00
(5 -year not -to -exceed)
$6,493,358.00
$6,542,719.00
$6,894,653.00
$6,974,362.00
Cost Score (400 Points)
400.00
396.98
376.72
372.41
1st
2nd
3rd
4th
For example, the City has the option with our IPS meters to pay either a $2 per meter management fee
with a higher per credit card transaction fee or an $8 per meter fee with a lesser per credit card
transaction fee. The proposers that included the $2 charge in their cost proposal would have included
costs of $27,192 per year (1,133 meters x $2 per meter x 12 months) while the proposer that included the
$8 charge would have included costs of $108,768.
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Although SP+ had the lowest cost, the panel noted that it was attributed largely to a lower
staff count, fewer weekly staff hours, and lower hourly wages paid to their employees.
Ace Parking ranked second in cost but fourth in the technical evaluation with the lowest
scores from the panel from both the proposal evaluation as well as the interview. Serco
proposed the least amount of staff hours and was the only proposer to include an
additional fee on all pass through costs. AmeriPark exceeded the Scope of Services
minimum requirements, which is more likely to have a positive impact on customer service
and revenue collections, and received the highest overall ranking.
The table below illustrates the final proposer rankings after the 3-phase evaluation
process:
Combined Scores
AmeriPark
Serco
SP+
Ace Parkin
Phase 1 - Proposal
Review (300 Points)
253.20
246.00
229.50
177.00
Phase 2 — Panel
Interviews (300 Points)
269.70
246.83
209.63
193.58
Phase 3 - Cost Analysis
(400 Points)
376.72
372.41
400.00
396.98
TOTAL SCORE (1000
POINTS)
899.62
865.24
839.13
767.56
Overall Rank
iSt
2nd
3rd
4th
After the evaluation process identified AmeriPark as the highest qualified proposer, the
City exercised its right, as indicated in the original RFP solicitation, to enter into
negotiations with AmeriPark. Following negotiations, AmeriPark made drastic reductions
to their proposed costs and year over year increases, resulting in a grand total adjusted
variance of only $83,200 from the lowest cost proposal, over the term of the five (5) year
agreement. This reduction came without compromising proposed staffing levels, further
enhancing the value of contracting with AmeriPark.
AmeriPark agreed to a base amount that would include their staffing, benefits, and
management fee, but pass through all other parking related costs without any additional
markup. The pass through costs would be evidenced by invoices, receipts and other
supporting documentation. AmeriPark's annual management fee is $24,000, the most
competitive of all the proposers. This cost structure allows the City to pay for the actual
cost of the parking operation without any additional contractor -added fees. There is also
a minimum staffing requirement written into the agreement to ensure the staffing
proposed will be maintained throughout the duration of the agreement, unless a change
is mutually agreed upon.
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Parking Enforcement Services
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Staff reviewed the process with Council Members Herdman and Dixon, and both Council
Members agreed that the process was comprehensive and fairly performed.
AmeriPark
AmeriPark, LLC, is owned by Lanier Parking Holdings, Inc., which in turn, is owned by
Citizens Parking, Inc. Citizens Parking has 1,200 locations across 28 states, with more
than 60 California-based AmeriPark operations and over 8,000 employees. AmeriPark is
a firm with national resources that provides parking management support for, among
other entities, the City of Roanoke, the City of Myrtle Beach and the City of Wilmington,
as well as the Pike Outlets in Long Beach.
Because this parking agreement includes a great deal of interaction with the public, the
pivotal reason for staff's recommendation is AmeriPark's emphasis on delivering high
quality, high-level customer service. AmeriPark provides a comprehensive customer
service training program to its employees, and offers competitive wages and benefits, as
well as merit increase programs. As a result, they have less turnover, greater staff
continuity, and their staff is highly motivated to provide high quality customer service.
As part of that customer service, AmeriPark also approaches the maintenance and repair
of the City's meters and paystations in a proactive manner, ensuring that such equipment
is clean and presentable, and functions properly. AmeriPark will also ensure that all
meters and paystations are collected before reaching 85% capacity, and will repair the
equipment within 24 hours of notification.
AmeriPark employs the latest technology applications to ensure operations run efficiently.
For example, they are experienced with various parking guidance systems; utilize license
plate recognition technology similar to what is currently used in Newport Beach; and
provide data analytics, which analyze occupancy data for trend analysis and usage
patterns.
In addition, AmeriPark's tight revenue control procedures safeguards the City's parking
revenue stream. These procedures include, but are not limited to, a custom tailored
dashboard which tracks specific key performance indicators, an audit trail of all revenue
from collection to bank deposit, and random weekly audits.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Parking Enforcement Services
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NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Professional Services Agreement for Parking Management and Parking
Enforcement Services
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH AMERIPARK, LLC FOR
PARKING MANAGEMENT AND ENFORCEMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of June, 2018 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
AMERIPARK, LLC, a Georgia limited liability company ("Consultant'), whose address is
1640 Powers Ferry Road, Building 5, Suite 200, Marietta, Georgia 30067, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide parking management and
enforcement services ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 25, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items, subconsultant fees, and a ten percent (10%) contingency amount,
shall not exceed Seven Million Three Hundred Three Thousand Four Hundred
Twenty Dollars and 00/100 ($7,303,420.00), without prior written authorization from City.
No billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
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reasonably anticipate would be necessary" at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Steve Resnick to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Finance Department. City's Revenue
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
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 breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including negligent, reckless, and/or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them.).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant 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 attorneys' fees in any action on or to enforce
the terms of this Agreement. 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 Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
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conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant must submit to and pass a criminal background investigation by
providing a complete set of fingerprints to City prior to commencing or performing
Services or Work. Consultant is required to submit any fees for the criminal background
investigation according to the City's most current administrative fee schedule or
successor document. Fingerprints may be required to be updated every five (5) years.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit D, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
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subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
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17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
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Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Revenue Manager
Finance Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Resnick
Ameripark, LLC
1640 Powers Ferry Road
Building 5, Suite 200
Marietta, GA 30067
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Ameripark, LLC Page 9
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employ. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Wr// $
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
IN
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Ameripark, LLC, a
Georgia limited liability company
Date:
By:
Leilani I. Brown Bijan Eghtedari
City Clerk Chief Executive Officer
Date:
By:
Todd Brosius
President/Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Customer Service Standards
Exhibit D — Insurance Requirements
Ameripark, LLC Page 11
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EXHIBIT
SCOPE OF SERVICES
Ameripark, LLC Page A-1 24-19
SCOPE OF WORK
ON -STREET AND
SERVICES
EXHIBIT "A"
SCOPE OF SERVICES
OFF-STREET PARKING MANAGEMENT AND ENFORCEMENT
1. General Overview and Goals
Consultant shall provide overall management of on -street and off-street paid parking in
the City of Newport Beach ("City") in connection with the "Original Spaces" as defined in
the table below as well as parking enforcement services throughout the City.
Type of Equipment
Number of Meters
/ Pay Stations
Parking Spaces
Smart meters
1,117
1,117
Coin only meters
54
54
Pay Stations
82
2,706
Pay -by -Phone only
N/A
205
Total Spaces "Original Spaces"
4,082
In providing the Services, Consultant will be responsible for and focus on the following
areas and goals:
(a) Enforcing parking regulations in compliance with Newport Beach Municipal Code
("NBMC") and/or City's resolutions;
(b) Providing the highest level of customer service and experience to the public;
(c) Providing overall management, maintenance of equipment, collections of on and off-
street parking meters and pay stations;
(d) Informing the City of the latest parking trends and innovations; and
(e) Maximizing paid parking revenues.
2. Service Requirements
2.1 Paid Parking System Management
2.1.1 Parking Management and Meter Maintenance
Consultant shall be responsible for the following:
(a) Providing the highest level of ethical, courteous, safe, and efficient parking services
in a professional manner while observing all written rules and regulations concerning work
assignments;
(b) Responding to and resolving all trouble calls reported by equipment, City staff or
parking customers within twenty-four (24) hours;
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(c) Ensuring that a minimum of two persons are present when open collection system,
single space meters are being maintained, or any time cash/coin is otherwise exposed;
(d) Maintaining City provided equipment and vehicles in good, clean working condition.
Scheduled automotive maintenance and repairs will be conducted by City Municipal
Operations staff at the City Corporation Yard as directed by Project Administrator. Such
equipment includes the following, as it may be replaced and added to from time to time
("Equipment"):
• One collection van with GPS vehicle tracking, security alarm and on -board video
surveillance camera,
• One maintenance truck;
• Three sedans (which include two license plate recognition ("LPR") vehicles used
for enforcement);
• Collection carts;
• Coin and currency sorters/counters; and
• All office and accounting equipment necessary to meet the terms of the
Agreement;
(e) Maintaining vehicles assigned to the Consultant. The Consultant shall be responsible
for any repairs due to its own negligence or damage to the vehicle. The Consultant is
responsible for comprehensive auto insurance coverage;
(f) Providing, maintaining, installing, and replacing parking signage and related items to
alert the public to the location and use of parking meters, spaces, and requirements. The
Consultant will bill the City for signage, parts, installation, etc. without markup over the
Consultant's purchase price. The Consultant shall submit the original purchase order,
invoice, and shipping documents with the billing to the City on a monthly basis;
(g) Providing an approved policy and procedure manual for customer service and
meter/pay station maintenance which shall be approved by the City;
(h) Assisting in creating and implementing parking marketing programs, under the
direction of the Finance Director or their designee, with particular focus on pay -by -phone
usage and working with business owners;
(i) Programming meters and pay stations with rate changes by the implementation date
requested by the City. City will do its best to provide Consultant with at least a thirty (30)
day notice of all rate changes;
0) Paying liquidated damages of $1,000 per day for each day past the implementation
date if the rate change is not programmed into the meters and pay stations timely, unless
prevented to do so by a force majeure event;
(k) Maintaining GPS real-time tracking devices on the collection vehicles and installing
future upgrades to vehicles and equipment as requested by the City, which costs shall be
considered a pass through expense. Consultant shall provide the City real-time
monitoring of collection and maintenance staff as well as the vehicles used in the
performance of their duties;
(1) Installing and maintaining parking meters and pay stations in accordance with the
City's standards in the Original Spaces. Consultant shall notify the City in writing within
twenty-four (24) hours of any lost, stolen, unaccounted for or damaged Equipment;
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(m) Maintaining installed parking meters, poles, heads, and pay stations in good working
condition. Good working condition is defined as repairing/replacing any defective part
within twenty-four (24) hours of report of failure. Ensure meter poles are clean, painted,
and upright. All Consultant employees will be required to immediately report any
damaged, missing, or malfunctioning parking meters or pay stations to their appropriate
supervisor;
(n) Removing, transporting, and reinstalling meters and pay stations and management
of additional parking equipment as instructed by the City, at no additional cost to the City,
(o) Purchasing any new equipment upon agreement by City. Consultant shall extend any
trade discounts to the City, and which costs shall be considered a pass-through expense;
(p) Changing meter batteries, coin validators, card readers, lens covers, and any other
meter or pay station parts as necessary;
(q) Recharging meter batteries;
(r) Replacing meter mechanisms;
(s) Shipping meters to manufacturer for repairs and receiving and storing repaired units;
(t) Paying liquidated damages per day for each meter or pay station not repaired by the
end of the next business day, unless prevented to do so by a force majeure event, to be
calculated as the seasonal average daily revenue for that meter or pay station from the
prior year;
(u) Replacing or repairing meter housings, yokes, vault doors, locks, and any other
related hardware as necessary;
(v) Placing meter dome covers for short-term or restricted uses as necessary;
(w) Cleaning meter mechanisms and housings of dust, sand, debris, soot, grime, graffiti,
stickers, and spray paint, to name a few, but not intended to be all-inclusive. Installing
and replacing meter decals as necessary, including but not limited to, meter number
decals, pay -by -phone decals, blue and silver pole decals;
(x) Establishing a cleaning frequency by zone and provide said schedule to Project
Administrator monthly;
(y) Ensuring meter dome and glass are clear and free of graffiti and stickers so that the
rate plate, meter number, and LCD screen are clearly legible;
(z) Cleaning meter pole sleeves of graffiti or notifying supervisor to replace the pole
sleeve;
(aa) Straightening all bent meter posts reported unless removal and replacement is
required. Removal and replacement of damaged meter posts should be approved by the
City prior to work being done;
(bb) Lubricating all locks at least twice a year;
(cc) Implementing and performing regular preventative maintenance on meters and pay
stations based on a schedule;
(dd) Inspecting and changing expired Duncan meter batteries on a weekly basis;
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(ee) Ensuring all pay stations are equipped with an adequate amount of receipt paper at
any time. Pay stations and solar panels shall be wiped clean from any debris whenever
revenue is collected from the machine;
(ff) Stocking and maintaining a spare parts inventory necessary to operate, repair and
service meters and pay stations, including collection keys, locks, collection cards, tools,
and installation hardware. The Consultant shall maintain a sufficient stock of surplus
inventory to meet the repair/replace turnaround times of the Agreement. The Consultant
will bill the City for the direct cost of parts purchased without markup over the Consultant's
purchase price. The Consultant shall submit the original purchase order, invoice and
shipping documents with the billing on a monthly basis. City staff may conduct inventory
counts;
(gg) Maintaining a log of pay station and parking meter complaints and malfunctions. The
log will note the date, parking meter and pay station number, location, problem and name
of person calling in the problem, the nature of the problem and the date the problem was
corrected, as well as the initials of the person who made the correction. The log shall be
submitted monthly to the Project Administrator;
(hh) Running smart meter faulty meters report and a non-communicating meters report
on a daily basis and resolving all items listed within twenty-four (24) hours. A log shall be
provided monthly to the Project Administrator;
(ii) Running a pay station maintenance current alerts report on a daily basis to check all
alerts including but not limited to low paper, no communication, and coin and bill acceptor
jams. The response time for these alerts should be no more than twenty-four (24) hours,
but preferably within the same day. A log shall be provided monthly to the Project
Administrator;
(jj) Reporting and documenting vault locks that do not open for the collectors and bad
locks to a supervisor. The locks shall be repaired within twenty-four (24) hours. A log shall
be provided monthly to the Project Administrator;
(kk) Providing a schedule of regular maintenance on meters and pay stations to Project
Administrator monthly; and
(II) Providing a monthly report documenting parts used, all meters and pay stations
repaired, cleaned, installed, and removed.
2.1.2 Meter Collection and Counting Services
Consultant shall be responsible for the following:
(a) Changing out all the locks on the office/meter collection space rented. Consultant
shall update the combination to the vault safe, obtain new pay station BOSS keys, and
maintenance and collection keys and cards;
(b) Contracting for armored transport services for the life the agreement. The armored
transport service pick up shall be a minimum five (5) days per week on Monday through
Friday. Parking revenue deposits should appear in the City bank account within 48 hours
of meter collection;
(c) Procuring an office within the City limits that includes a secure money counting facility.
Office/facility shall be equipped with a video surveillance camera and security alarm
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system. The indoor/outdoor video surveillance camera features shall include night vision
and video footage retention of a minimum of ninety (90) days. Cameras shall be placed
in all workspaces and shall record and retain footage of money counting operations at all
times. The monitoring system controls shall be placed in the manager's office;
(d) Performing all counting operations under camera surveillance. The City shall have
access to live view of such surveillance. The Consultant will keep an electronic copy of
all recordings for a minimum ninety (90) days. These recordings shall be made available
to the City within one business day of the City request;
(e) Ensuring collectors, crew leaders, and/or supervisors never carry tools of any kind
when performing collection duties. Knives, scissors, and wire cutters are included in the
definition of tools;
(f) Ensuring parking meter coin canisters and pay station cash boxes shall not be used
as storage for anything other than coin/currency deposited in the meter and pay stations;
(g) Replacing City owned equipment damaged or stolen while performing collection
services, which shall be considered a pass-through expense for Consultant unless due
to Consultant's own willful misconduct, recklessness, or negligence. Replacement shall
occur within ten (10) calendar days of the incident, but no longer than thirty (30) calendar
days;
(h) Assuming responsibility for maintaining, repairing and caring for the equipment
issued to it by the City for the performance of the Consultant's duties. The coin sorter and
currency counter will be provided by Consultant, subject to such cost being a pass-
through expense, and will be maintained in good operational condition including
calibration testing and maintenance at the Consultant's expense, subject to such cost
being a pass-through expense. The Consultant will maintain a complete and orderly
inventory list of all the equipment provided by the City. All the equipment issued by the
City is subject to inspection at any time without notice;
(i) Proposing a system by which collection carts are equipped with GPS receivers and
may be tracked and monitored in a manner similar to the collection vehicles;
0) Providing smartphones, at a minimum, one (1) phone per collector, supervisor, meter
maintenance, and manager. The phone must have a GPS receiver and supporting
software allowing the City to track and recover the device as needed;
(k) Collecting parking meter and pay station revenue on routes and schedules to be jointly
established. Upon contract award, the Consultant will develop and submit a parking meter
collection plan and maps to the City for review and approval. The schedule will ensure
that no meter coin can or pay station cash box is filled above 85% of its capacity by
volume and collections are on a consistent, but varied schedule;
(1) Performing meter collections daily, Monday through Friday. Weekend collections as
needed determined by the 85% of capacity rule. The City reserves the right to require the
Consultant to collect from City parking meters and pay stations on City -observed holidays
and weekends, if necessary;
(m) Collecting every meter and pay station at least once every week;
(n) Ensuring all meter collectors are aware and knowledgeable of the routes assigned
for collection and that the collectors collect the route in sequence and completely. Each
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collector shall collect from all meters on each daily assigned route and zone, and must
not be allowed to cross zones;
(o) Ensuring one collection canister is used per zone collected;
(p) Ensuring collection canisters are not filled above seventy-five (75) percent capacity.
Once a collection canister is filled to capacity, the collection canister will be returned to
the collection van. The collector will change canisters and continue along the collection
route for that zone. A new zone requires a new canister be used;
(q) Ensuring when open collection system, single space meters are collected, or any
time cash/coin is otherwise exposed, a minimum of two persons shall be present. Multi -
space collection crew consists of one crew leader and one collector. The Consultant will
create a varied collection schedule and ambassadors rotated so that the same crew is
not collecting the same zones at the same time on the same day. Supervisors will inform
collectors of their assigned routes on the morning of their shift;
(r) Ensuring only one (1) single-spaced parking meter vault will be opened at a time. The
Consultant will ensure that each meter is reset by properly inserting the audit collection
card into the meter's credit card slot. If a meter fails to reset, it must be reported
immediately via text or phone call to the operations manager and recorded in the daily
meter condition report;
(s)Ensuring only one (1) pay station will be opened at a time. Consultant shall ensure that
crew leaders maintain logs of which cash boxes were inserted and collected from which
pay stations. The control log shall, at a minimum, contain the following information:
• Collection date;
• Collection time;
• Pay station location ID;
• Collected cash box ID;
• Empty cash box ID;
• Collection route;
• Collector's signature; and
• Crew leader's signature;
(t) Transporting all coin and currency collected from single space meters and pay stations
in the enclosed and secured collection van only;
(u) Delivering parking meter coins the same day they are collected to the counting facility
in enough time to allow for coin and currency counting and armored car pick-up of
proceeds within the same day;
(v) Ensuring the Project Manager or designee is present and monitors the opening of
locked collection canisters, counting, and sorting coins collected. Random supervision by
City employees may occur. All coins will be counted by denomination and zone using a
coin -sorting machine. The coin sorter software will record the coin denomination totals in
the computer memory. A paper copy of the transaction shall be retained as a backup to
the electronic records;
(w) Bagging all counted coin and currency, by zones, in securely sealed, tamper proof,
bank deposit bags. Daily collections will be logged in a legible manner; one log per
collection and deposit. The minimum information to be logged is:
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• Location/Zone;
• Cash amount;
• Coin amount by denomination;
• Difference;
• Total deposit;
• Deposit bag number;
• Printed names of supervisor and collector processing the funds; and
• Collector name printed;
(x) Logging daily armored car pickups with the following minimum information:
• Bag numbers per location collected;
• Item description (cash or coin from pay station or meter zone) area of collection;
• Bag total per location collected;
• Destination (City bank);
• Total coin counted;
• Total cash counted;
• Total daily deposit,
• Total number of cash bags placed in safe and date of storage;
• Total number of cash bags removed from safe and date of removal;
• Supervisor printed name, signature and date;
• Collector printed name, signature and date;
• Armored car driver printed name, signature and date; and
• Management printed name, signature and date;
(y) Ensuring all monies collected from parking meters and pay stations are deposited into
a restricted account(s) authorized by the City. The restricted account(s) shall allow
Consultant to make deposits, but only the City may withdraw funds from the restricted
account(s). Deposits shall be made to specific revenue accounts as established by the
City in order to properly reflect all collections areas, particularly tidelands. Consultant
shall be given full access to view the activity in such bank accounts;
(z) Providing accurate and timely monthly reports detailing revenues collected by parking
zone, including pay -by -phone and pre -paid revenues. Reports will be submitted by the
eighth (8th) day of the following month;
(aa) Refunding the City for any cash/coin deposit bank shortage in excess of $5. City has
the discretion to either deduct from the base payment or invoice Consultant;
(bb) Notifying the City in writing when a delay in armored car pickup occurs, describing
any conditions it alleges will excuse its performance; and
(cc) Providing a comprehensive staff policy and procedures manual and staff training
related to collections.
2.2 Parking Enforcement Services
2.2.1 General Parking Enforcement Management Responsibilities
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Consultant shall be responsible for the following:
(a) Enforcing parking regulations relating to parking meters and other parking controls
within areas established by the City. Enforcement activities may include electronic
ticketing and the use of LPR vehicles;
(b) Providing enforcement for all hours of parking operation. The Balboa Pier lot is open
24 hours. Corona del Mar lot operating hours are 6:00 a.m. to 10:00 p.m. Marina Park
and most other paid parking areas are in operation from 8:00 a.m. to 6:00 p.m. Hours of
operation are subject to change at any time. New paid parking areas may be added at
any time;
(c) Enforcing parking year round, seven (7) days per week, with increased staffing during
peak season (May 1 st — September 30th). Overnight enforcement from 10:00 p.m. to 6:00
a.m. at least five nights a week (30-40 hours per week) during peak season, and at least
three nights a week (15-20 hours per week) during off-peak season (October 1St — April
30th). Overnight enforcement includes but is not limited to Balboa Pier lot, Marina Park
lot, Balboa Residential Preferential Parking Permit zone, and various other violations such
as red curb and posted no parking/stopping;
(d) Providing additional parking enforcement at the direction of the City's Police
Department Parking Control Supervisor in current and future non -paid parking areas of
the City. This may include, but is not limited to, parking time limits, residential zone
permits, vehicle restrictions on public piers and plazas, oversized vehicle restrictions,
manner of parking restrictions, curb markings, bus zones, overnight parking, and other
sign compliance restrictions;
(e) Enforcing parking regulations in compliance with the California Vehicle Code and with
City's Municipal Code;
(f) Working with the City's Police Department to provide City -approved background
checks of all enforcement personnel;
(g) Acknowledging that Consultant shall not be entitled to any compensation for any
citation, including appealed citations;
(h) Assisting the City in its efforts to inform the public about parking, including, but not
limited to, attending meetings of the City Council, Chambers of Commerce, Business
Improvement Districts, and Homeowners Associations;
(i) Establishing designated patrol routes for its enforcement staff. Patrol routes should
rotate staff as well as times of day to ensure optimal compliance;
0) Suspending or emphasizing enforcement along certain roads, in certain areas, or any
zone according to the needs of the City;
(k) Providing equipment as required to fulfill Consultant's obligations under this
Agreement with the exception of City provided equipment outlined in Attachment 1;
(1) Maintaining GPS real-time tracking devices on the enforcement vehicles and ticketing
devices and installing future upgrades to vehicles and equipment as requested by the
City, which costs shall be considered a pass through expense. Provide the City real-time
monitoring of enforcement staff as well as the vehicles used in the performance of their
duties;
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(m) Maintaining radio or cell phone contact at all times with supervisors and field
personnel to ensure appropriate oversight of parking enforcement activities;
(n) Purchasing all materials required to issue parking citations, such as ticket paper and
preprinted envelopes;
(o) Responding to any public complaint within twenty-four (24) hours after receipt of the
complaint. Maintain accurate records of all citizen complaints, their resolution, and the
action taken to contact the complainant; and
(p) Providing accurate and timely monthly activity reports by officer, zone, route, and
violation type. Reports will be submitted by the eighth (8th) day of the following month.
City shall be responsible for the following:
Towing all "scofflaw" vehicles pursuant to the NBMC and state law.
2.2.2 Parking Enforcement Staff
Consultant shall be responsible for the following:
(a) Deferring to City Police Department Parking Control Officers in any customer service
matters and receive any customer service training as the City's Police Department may
require;
(b) Employing persons who are fully trained, competent, and qualified with the
experience necessary to provide enforcement duties;
(c) Ensuring that its employees serve the public with the highest level of ethical,
courteous, safe, and efficient parking enforcement services in a professional manner and
observe all written rules and regulations concerning work assignments,
(d) Ensuring that all enforcement personnel wear City -approved uniforms and be
properly groomed while on duty;
(e) Providing periodic staff training on photo -taking techniques, customer service, and
Newport Beach Municipal Code parking regulations;
(f) Attending all court hearings and will provide requested oral and written statements.
Enforcement staff will attend second level appeal hearings as requested by City staff and
provide requested oral and written statements;
(g) Ensuring enforcement staff shall:
a. Recognize and understand all parking permits issued by the City;
b. Report all non-functioning equipment, which includes but is not limited to
meters and pay stations, to maintenance supervisor immediately;
c. Report all obstructions or sign damage to supervisors;
d. Pay attention to all alerts provided by ticket issuing device;
e. Explain appeals process to anyone disputing parking citations;
f. Provide requested oral and written statements as needed for appeals;
g. Attend all court hearings;
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h. Wear City -approved uniforms and be properly groomed while on duty;
i. Safeguard all equipment, materials, and vehicles against negligence, theft,
and vandalism;
j. Take all breaks out of view of the public;
k. Report to City Police Dispatch any suspicious vehicles or activity; and
I. Report to Police Dispatch any vehicles that have five or more delinquent
parking citations for possible towing as scofflaw; and
(h) Maintaining a log of parking meter and pay station complaints/malfunctions. The log
will note the date, parking meter or pay station number, location, problem and name of
person calling in the problem, the nature of the problem and the date it was corrected, as
well as the initials of the person who made the correction. The log shall be submitted
monthly to the Project Administrator.
2.2.3 Parking Lot Ambassadors
Consultant shall be responsible for the following:
(a) Ensuring continuous attendance of a parking ambassador at each of the Marina Park,
Corona del Mar, and Balboa Pier lots during the peak season or special events as directed
by the City. Peak season is May 1 through September 30 every year. Special events
include but are not limited to the Christmas Boat Parade, which is held every December.
During peak season, parking lot ambassadors are expected to be in the lots from 8:00
a.m. to 5:00 p.m., seven days a week at Marina Park, Corona del Mar, and Balboa Pier
lots. Ambassadors shall assist customers with making payments, giving directions, traffic
control, documenting complaints and referring those complaints to supervisors, and
generally being helpful to the public. The Ambassador may also be responsible for
enforcement in those lots including displaying the necessary signage, cones and related
items to direct traffic and/or alert the public when parking lots are full. Buildings located
at the Balboa Pier and Corona del Mar lots can be used as storage and employee breaks,
but shall be kept clean and orderly.
2.2.4 LPR Vehicle
Consultant shall be responsible for the following:
(a) Ensuring the use of City LPR vehicles. The City currently owns two license plate
recognition equipped vehicles. These LPR vehicles are a very efficient way to enforce for
many types of violations. They are equipped with auto -chalk software for time limit
enforcement. Permit and payment files are imported for paid parking enforcement.
Consultant shall have each LPR vehicle in operation a minimum of eight (8) hours each
day (total of sixteen (16) hours per day), seven (7) days per week, with the exception of
days when repairs or scheduled maintenance is required. Scheduled maintenance and
repairs will be conducted by City staff at the City Yard as directed by City staff. Real-time
GPS tracking of LPR vehicles shall be provided to the City.
24-29
2.2.5 Enforcement Equipment
Consultant shall be responsible for the following:
(a) Providing equipment as required to fulfill the Contractor's obligations under the
Agreement with the exception of City provided equipment outlined in Attachment 1;
(b) Safeguarding equipment, materials, and vehicles against employee negligence, theft,
and vandalism; and
(c) Maintaining LPR vehicles and all other enforcement -related equipment in clean, good
working condition. This includes bringing the vehicles in promptly for City schedule
maintenance.
2.3 Office/Operations Administration.
Consultant shall be responsible for the following:
(a) Maintaining office space within the City's physical boundaries that will serve as an
office for Consultant's staff and be open to the public during business hours 8:00 a.m. to
5:00 p.m., Monday through Friday. One person should be at the counter at all times. This
office space may be closed during City -observed holidays, a list of which may be
requested by Consultant;
(b) Providing a staff person to answer the office phone from 8:00 a.m. to 5:00 p.m., seven
(7) days per week. All calls should be answered within four (4) rings. After hours and
holiday calls will roll over to the manager, supervisor's phone, or call center;
(c) Provide a computer station where customers can pay or appeal a citation or buy a
parking permit, all that would go through City's parking citation and parking permit
processor. Consultant shall not accept payments over the counter, only provide computer
access;
(d) Changing Consultant procedures as necessary to conform to revisions in state law,
the NBMC, and the City's resolutions, parking regulations, policies and initiatives;
(e) Consulting with the City, as requested, regarding the Project;
(f) Assisting in maintaining and expanding the Project, if desired by City, including working
with businesses, neighborhood groups, and other organizations as needed;
(g) Remaining knowledgeable of emerging developments in the parking technology field
and making recommendations to the City to increase operational efficiencies, maximize
revenues and reduce costs;
(h) Maintaining current records and providing an accounting of all equipment, material,
and supplies;
(i) Safeguarding vehicles, equipment, and materials against Consultant employee
negligence, theft and vandalism;
0) Purchasing all materials necessary to carry out all Original Spaces operation functions.
These include, but are not limited to, uniforms, office equipment and supplies. Follow
approved procurement policies;
24-30
(k)Determining when equipment is necessary for the Services under this Agreement, and
submitting a written request for the equipment no less than thirty (30) days in advance.
City shall review the written request and may, in City's sole discretion, purchase outright,
finance the requested equipment, request Consultant to purchase the requested
equipment, or reject Consultant's request for such other equipment. The parties have a
goal of ninety-nine percent (99%) operability for all equipment in use at the Original
Spaces;
(1) In the event City requests Consultant to purchase any equipment to be installed in
connection with this Agreement, City shall reimburse Consultant for the total cost of the
procurement and installation of such equipment within thirty (30) days after City's
approval of Consultant's statement showing the description and cost of each item, which
shall be charged at Consultant's direct cost without any additional mark up, finance
charge, interest charge, or other carrying charge to City or paid parking user;
(m) Maintaining an inventory of existing equipment. Any new equipment purchased
during the term of this Agreement shall be added to the inventory and provided to the
Project Administrator monthly;
(n) Acknowledging any equipment, material and supplies furnished by the City or
purchased by Consultant and reimbursed by the City are the property of the City and will
not be used for any purpose other than the performance of the Services for the City;
(o) Providing reports, logs, and schedules monthly as requested throughout the Scope
of Services as well as other reports as requested by City on management, operations,
facility conditionals and other issues as they arise;
(p) Providing annual revenue and expenditure reports in a form to be provided by the
City;
(q) Assisting with parking -related revenue projections during the annual budget process
as well as sporadically throughout the year;
(r) Ensuring proper accountability and internal control of monies collected by Consultant;
(s) Should any monies collected by Consultant be lost, stolen, unaccounted for or
otherwise removed without the authorization of the City from the custody and control of
Consultant prior to their deposit in the City's approved bank account(s), Consultant shall
deposit in said amount a like sum of money within ninety-six (96) hours of such loss, theft
or removal. Should said loss, theft or removal be insured or otherwise secured by
Consultant, any payments made to the City on account thereof shall, if appropriate, be
reimbursed to Consultant. Consultant will be liable for all loss/mismanagement of funds;
(t) Accumulating data on the number of automobiles and visitors that enter the Corona
del Mar State Beach on a monthly and annual basis, consistent with the Operating
Agreement for the Corona del Mar State Beach by and between the State of California
and the City, dated August 1, 1999, as well as any other reports as requested by other
government agencies for any other parking areas;
24-31
(u) Providing the following by the eighth (8th) day of the month to assist in the completion
of the City bank reconciliation process:
1. Credit card transaction reports;
2. Cash revenue by parking zone;
3. Credit card revenue by parking zone;
4. Pay -by -phone revenue by parking zone;
5. Pre -paid revenue by parking zone;
6. Log of daily cash counts by parking zone that reconciles deposit slips submitted to
bank; and
(v) Providing the following, as requested by the City:
1. Bank deposit slips and cash/coin counting supporting documentation;
2. Detailed cash receipts and disbursement records;
3. Traffic flow and parking lots utilization reports, and
4. Any and all reports generated from the automated parking system.
City shall be responsible for the following:
Maintaining an office open to the public for the acceptance of payments of parking fines
payable to the City.
2.4 Personnel Administration and Customer Service
2.4.1 Personnel Administration
Consultant shall be responsible for the following:
(a) Demonstrating high ethical standards of conduct and observing all written rules and
regulations concerning work assignments;
(b) Maintaining radio contact at all times with supervisors and field personnel to ensure
appropriate oversight of parking management and enforcement activities;
(c) Ensuring that all enforcement, parking meter and pay stations maintenance, and
revenue collecting personnel wear City -approved uniforms and be properly groomed
while on duty. The uniform must display an approved insignia that clearly identifies the
wearer as being responsible for enforcing parking violations, managing parking facilities
or servicing parking meters and pay stations. The uniform will also have a clearly visible
and readable nametag that must be worn at all times. All other employees of Consultant
providing Services shall at all times be clearly identifiable by uniform, name badges, name
tags, or identification cards;
(d) Employing persons who are fully trained, competent and qualified with the skills and
experience necessary to provide the Services during the term of this Agreement;
(e) Hiring, training and supervising its staff members. Consultant staff members assigned
to the Services are employees of Consultant and shall not be considered employees of
City for any purpose;
24-32
(f) Assuring that its employees shall serve the public in a courteous, helpful, and impartial
manner. Correction of any inappropriate behavior or language shall be the responsibility
of Consultant;
(d) Responding to any public complaint within twenty-four (24) hours after receipt of the
complaint. In the event a report is received alleging an employee of Consultant was
discourteous, belligerent, profane or in any way intimidating, either physically or verbally,
Consultant will submit a written report to the Project Administrator within three (3) days of
Consultant's receipt of the report, outlining the complete details of the incident. The report
shall include the nature of the incident, time, date, location, name, address and telephone
number of the person making the allegation. The report will also include the name and
title of the employee and the nature of the disciplinary action taken, if any;
(e) Providing thorough training for enforcement and other personnel, including general
information and directions to assist customers visiting the City;
(f) Providing all enforcement personnel with an adequate supply of material regarding City
services and City attractions, sites, and events for distribution to citizens requesting such
information;
(g) Providing customer service training in accordance with standards as outlined in
Exhibit "C," attached hereto and incorporated herein by reference;
(h) Taking adequate steps to ensure the safety and security of all personnel and property.
Consultant shall provide all training and employ all responsible safety precautions and
devices in connection with providing the Services. Consultant shall supply all employees
deployed in the field with the telephone number of the City's Police Department; and
(i) Working with the City's Police Department to provide City approved background
checks of all enforcement personnel.
2.4.2 Customer Service
Consultant shall be responsible for the following:
(a) Responding in accordance with the City's principles on customer service to public
inquiries as specified in Exhibit "C." Consultant shall provide a high level of customer
service by employing friendly, helpful, customer -oriented personnel;
(b) Assisting the City in its efforts to inform the public about the Project, including, but not
limited to, attending meetings of the City Council, Chambers of Commerce, Business
Improvement Districts, and Homeowners Associations;
(c) Keeping an accurate record of all citizens' complaints, their resolution, and the action
taken to contact the complainant. All such records shall be submitted to the Project
Administrator monthly and retained during the term of this Agreement;
(d) Refunding any and all overpayments and disputed transactions for meters and pay
stations and maintaining documentation supporting the refund;
(e) Directing persons to the City's appeal requirements;
(f) Providing the review and/or hearing officer with all background materials pertinent to
the appeal;
24-33
(g) Attending all appeal hearings and providing requested written and oral testimony;
(h) Satisfying any court or City -imposed requirements should an appeal go to Superior
Court; and
(i) Acknowledging Consultant shall not be entitled to any compensation for any citation,
including citations that are appealed.
City shall be responsible for the following:
(a) Hiring of the independent review and hearing officers and directly paying the costs for
the review and hearings officers, without regard to the decision rendered by the review
and hearing officers; and
(b) Retaining and safekeeping of the records of the appeal hearings.
2.5 Optional Services.
City may request in writing that Consultant provide additional services at City's expense,
with a reasonable additional remittance to Consultant for profit and overhead, as agreed
by the parties.
Attachments:
(1) City Owned Equipment
24-34
Attachment 1 City Owned Equipment
Enforcement Equipment
Year Purchased Description of Property
5 Trek 3500 bikes
7 Turbo Pro Datamax O'Neil enforcement phones (2016 Leased by City)
Year Purchased
Office Equipment
Year Purchased
Description of Property
2011
Kyocera TA255 c Copier/ Scanner
2011
Drop Safe
2011
2 Desks and chairs
2011
Table and 7 stack chairs
2011
Lateral file
2011
HP desktop computer
2011
4 Channel Hybrid DVR video camera surveillance system
Enforcement Equipment
Year Purchased Description of Property
5 Trek 3500 bikes
7 Turbo Pro Datamax O'Neil enforcement phones (2016 Leased by City)
Year Purchased
Description of Property
Mileage Check Date
Current Mileage
Est EOL
Notes
2011
Ford Focus SE Sedan
10/20/2017
36,245
2021
Supervisor Vehicle in sound mechanical condition
2011
Ford E-150 Cargo Van
10/20/2017
16,856
2021
Van is in sound mechanical condition.
2011
Ford Ranger XL Regular Cab
10/20/2017
59,183
2021
Ford Ranger is in sound mechanical condition.
2014
Ford Focus SE Sedan
10/20/2017
36,349
2024
LPR1 is in sound mechanical condition
2014
Ford Focus SE Sedan
10/20/2017
27,456
2024
LPR2 is in sound mechanical condition
City Owned Equipment also includes 82 Paystations (1 Luke I and 81 Luke II), 1,117
IPS Smart Meters, 54 Duncan Coin Only Meters, and Collection Canisters.
24-35
EXHIBIT B
SCHEDULE OF BILLING RATES
Ameripark, LLC Page B-1 24-36
EXHIBIT "B"
SCHEDULE OF BILLING RATES
1. Revenue Distribution.
(a) Parking Management and Enforcement: City shall pay a base flat rate ("Base") to
Consultant in the annual amounts below to provide the Services contemplated in this
Agreement for the Original Spaces. This annual payment shall be divided into twelve (12)
equal monthly installments that shall be transmitted to Consultant by the fifteenth (15th)
day of each calendar month so long as all required reporting has been received as stated
in the Agreement. An invoice shall be received from the Consultant by the first (1st)
business day of each month in order for the payment to be transmitted as stated above.
All payments to Consultant under this Section shall be accomplished by the use of
electronic fund transfer. The following line item budget categories considered to be
included in the above mentioned Base are listed below.
If it is reported that Consultant failed to perform the actions identified in Exhibit "A,"
Section 2.3(b), five (5) or more times in any given year, no increase in the Management
Fee will occur for that given year.
Pass Through / Reimbursable: The following line item budget categories considered to
be pass through / reimbursable ("Pass Through") are indicated below as well as an
estimate of costs for each category. For each Pass Through line item, the City will pay
what the Consultant paid without any additional mark up to City or the paid parking user.
The categories and amounts paid by the Consultant shall be detailed in a monthly invoice
provided by the Consultant. Supporting documentation shall be included in the invoice
packet with such items as, but not limited to, paid invoices and General Ledger reports
showing the expense is attributable to City of Newport Beach parking. The monthly
invoice packet shall be received by the eighth (81h) business day of each calendar month.
If additional backup or clarification on Pass Through payments is required, City will submit
a request to the Consultant in writing.
24-37
Transition
Parking Management and Enforcement Base
Year Year Year
Yea r4
Years
Saler
Regional Oversight (Mgmt not in NB)
$
-
$ 10,000
$ 10,300
$ 10,600
$
10,900
$ 11,200
Project Manager (local Manager)
$
9,472
$ 95,000
$ 97,850
$ 109,700
$
103,550
$ 105,400
Assistant Manager
5
1,196
$ 48,000
5 49,440
5 50,880
$
52,320
$ 53,760
CPerk(phone/counter)
$
778
$ 46,800
$ 48,204
5 49,650
1 $
51,140
5 52,674
Collections Ambassador
$
778
5 62,400
$ 64,272
$ 66,200
5
68,186
$ 70,232
IEnforcementAmhassador
$
3,111
$ 206,033
$ 212,214
$ 218,580
$
225,138
$ 231,892
jMaintenance
$
778
5 62460
$ 64,272
$ 66,200
$
68,186
5 70,232
Parking Lot Ambassador
$
2,333
$ 57,960
$ 59,699
$ 61,490
$
63,334
$ 65,234
Supervisor (Enforcement)
$
389
5 8,580
$ 8,840
$ 9,100
$
9,360
$ 9,620
5upervisor(Parking Management)
$
389
$ 8,580
5 8,840
$ 9,100
5
9,360
$ 9,620
Total Salaries $
19,224
5 605,753
$ 623,931
5 642,501
$
661,474
$ 680,864
Bene
Benefits
$
-
5 193,624
$ 261,832
$ 210,360
$
219,224
$ 228,436
Total Benefits $
-
$ 193,624
$ 201,832
$ 210,360
$
219,224
15 228,436
Total Salaries & Benefits $
19,224
$ 799,377
5 825,763
5 852,861
$
880,698
5 909,300
Mana¢em_ent Fee
Management Fee
$
-
$ 24,000
$ 24,480
$ 24,970 I
$
25,469
$ 25,978
Total Base I $
19,224
$ 823,377
$ 850,243
$ 877,831
$
906,167 IS
935 278
If it is reported that Consultant failed to perform the actions identified in Exhibit "A,"
Section 2.3(b), five (5) or more times in any given year, no increase in the Management
Fee will occur for that given year.
Pass Through / Reimbursable: The following line item budget categories considered to
be pass through / reimbursable ("Pass Through") are indicated below as well as an
estimate of costs for each category. For each Pass Through line item, the City will pay
what the Consultant paid without any additional mark up to City or the paid parking user.
The categories and amounts paid by the Consultant shall be detailed in a monthly invoice
provided by the Consultant. Supporting documentation shall be included in the invoice
packet with such items as, but not limited to, paid invoices and General Ledger reports
showing the expense is attributable to City of Newport Beach parking. The monthly
invoice packet shall be received by the eighth (81h) business day of each calendar month.
If additional backup or clarification on Pass Through payments is required, City will submit
a request to the Consultant in writing.
24-37
Grand Total Term of Agreement $ 6,639,473
The Pass Through amount shown above includes a year over year increase of 2% to
reflect annual CPI increases. The Pass Through amounts will continue to be
reimbursement based for the term of the Agreement and will be charged to the City
without any additional mark up to the City or the paid parking user. In addition to the
Grand Total amount shown above, a 10% contingency will be added to cover for, but not
limited to, potential additional parking areas, services, and equipment. This brings the
final not to exceed amount for the term of this Agreement to $7,303,420.
Additional/Reduced Management and/or Enforcement:
Below are the minimum staffing levels included in the Base, which have been determined
to be necessary to provide the Services in the Agreement. Staffing levels shall remain at
the levels listed below throughout the term of the Agreement. Official timecards shall be
provided with the monthly invoice as supporting documentation for the minimum staffing
requirements.
Transition
Year
Pass Through/ Reimburseable
Year Year
Year
Years
Maintenance & Operations or "Pass Through"
Non -Peak (Oct 1
- Apr 30)
Positions
# Staff
# hrs/wk
# Staff
Armored Car
$
1
S 6,500
$ 6,630
$ 6,763
$ 6,898
$ 7,036
Equipment Maint/Repair/Wartanties
$
1
$ 101,490
$ 103,520
$ 105,590
$ 107,702
$ 109,856
Equipment Management System Fee
$
60
$ 133,308
$ 135,974
5 138,694
$ 141,468
$ 144,297
Gas
$
8
$ 10,400
$ 10,608
$ 10,820
$ 11,037
$ 11,257
IntemalService Support
$
2
$ 17,326
$ 17,672
$ 18,026
$ 18,386
$ 18,754
Liability Insurance
$
5 38,031
$ 38,792
$ 39,567
$ 40,359
$ 41,166
License/Permits
$
1
$ 350
$ 357
$ 364
5 371
$ 379
Office/Field Equipment
$
$ 6,288
$ 6,288
$ 6,288
$ 6,288
$ 6,288
Office Rent
$
$ 54,000
$ 55,080
$ 56,182
$ 57,305
$ 58,451
Signs
$
$ 6,000
$ 6,120
$ 6,242
$ 6,367
$ 6,495
Supplies
5
S 10,440
$ 10,649
$ 10,862
$ 11,079
$ 11,301
Uniforms
$
S 7,650
5 7,803
$ 7,959
$ 8,118
$ 8,2B1
Utilities
5
$ 7,680
$ 7,834
$ 7,990
$ 8,150
$ 8,313
Vehicle Insurance
$
$ 24,091
$ 24,572
$ 25,064
$ 25,565
$ 26,077
Misc.
$
5 1,200
$ 1,224
$ 1,248
$ 1,273
$ 1,299
Spare Parts and Components
$
$ 10,000
$ -
$
$
$
Corporate Transition Support
5
8,200
1 5 -
S -
S
5
5
Total[PawThrowhl $
8,200
1 $ 434,754
$ 433,123
$ 441,660
$ 450,367
$ 459,249
Totall $
27,424
1 $ 1,258,131
$ 1,283,366
$ 1,319,491_1
$ 1,356,534 1$
1,394,527
Grand Total Term of Agreement $ 6,639,473
The Pass Through amount shown above includes a year over year increase of 2% to
reflect annual CPI increases. The Pass Through amounts will continue to be
reimbursement based for the term of the Agreement and will be charged to the City
without any additional mark up to the City or the paid parking user. In addition to the
Grand Total amount shown above, a 10% contingency will be added to cover for, but not
limited to, potential additional parking areas, services, and equipment. This brings the
final not to exceed amount for the term of this Agreement to $7,303,420.
Additional/Reduced Management and/or Enforcement:
Below are the minimum staffing levels included in the Base, which have been determined
to be necessary to provide the Services in the Agreement. Staffing levels shall remain at
the levels listed below throughout the term of the Agreement. Official timecards shall be
provided with the monthly invoice as supporting documentation for the minimum staffing
requirements.
24-38
Minimum Staffing
Peak (May 1
- Sept 30)
Non -Peak (Oct 1
- Apr 30)
Positions
# Staff
# hrs/wk
# Staff
# hrs/wk
Project Manager (local Manager)
1
40
1
40
Assistant Manager
1
40
1
40
Clerk (phone/counter)
2
60
2
60
Collections Ambassador
2
80
2
80
Enforcement Ambassador
8
264
8
264
Maintenance
2
80
2
80
Parking Lot Ambassador
6
168
N/A
Supervisor (Enforcement)
1
24
N/A
Supervisor (Parking Management)
1
24
N/A
Total Staff ingl
241
7801
161
564
24-38
For additional parking management and/or enforcement, if requested pursuant to Exhibit
"A," Consultant shall increase use of its own parking management and/or enforcement
personnel where possible. If, in Consultant and City's opinion, increased services are
required and agreed to by City in writing, City shall pay to Consultant the following hourly
rates for the additional personnel:
Positions- Fully Loaded Hourly Rates
Year 1
Year 2
Year 3
Year 4
Year 5
Project Manager (local Manager)
$
60.27
$
62.26
$
64.30
$
66.40
$
68.56
Assistant Manager
$
30.45
$
31.46
$
32.49
$
33.55
$
34.64
Clerk (phone/counter)
$
19.79
$
20.45
$
21.12
$
21.81
$
22.52
Collections Ambassador
$
19.79
$
20.45
$
21.12
$
21.81
$
22.52
Enforcement Ambassador
$
19.79
$
20.45
$
21.12
$
21.81
$
22.52
Maintenance
$
19.79
$
20.45
$
21.12
$
21.81
$
22.52
Parking Lot Ambassador
$
19.79
$
20.45
$
21.12
$
21.81
$
22.52
Supervisor (Collections)
$
21.77
$
22.49
$
23.23
$
23.99
$
24.77
Supervisor (Enforcement)
$
21.77
$
22.49
$
23.23
$
23.99
$
24.77
Supervisor (Parking Management)
$
21.77
$
22.49
$
23.23
$
23.99
$
24.77
If, in Consultant and City's opinion, a reduction in personnel is warranted due to, but not
limited to, efficiencies or controls put in place that no longer require the minimum staffing
established in this Agreement, City shall notify Consultant in writing giving thirty (30) days
advanced notice that staffing should be reduced. City will subsequently reduce the Base
payment owed to Consultant by using a calculation of the hourly rates provided above by
the total number of hours no longer needed. This reduction in Base will be a permanent
change and a new Base amount will be established.
Additional expense items related to the City's request for additional parking management
and/or enforcement services shall be subject to the same approval and procurement
process as described in Exhibit "A." These additional expense items shall be treated as
a Pass Through and will follow the same procedure as noted above.
(b) City shall receive and keep all paid parking revenue, which shall be deposited daily.
(c) All income from citations shall be the sole property of the City.
(d) City reserves the right to adjust paid parking rates in its sole and absolute discretion.
Consultant shall utilize the most current paid parking rates as may be adopted by the City.
24-39
EXHIBIT "C"
CUSTOMER SERVICE STANDARDS
[See Customer Service Guide next page]
24-40
-,4meriPark'
eriPark
Customer Service
Guide
Winning through Service
24-41
_-AmeriParK
WINNING THROUGH SERVICE
AmeriPark is a member of the industry's most diverse
family of parking brands. Organized in 2013. Citizens
Parking is the leader in Branded Parking Services, with
5 brands, 6,800 associates and 1,100 locations. The
company has harnessed the power of our brands,
leveraging a collaborative culture to seize and capitalize
on parking's greatest opportunities.
The AmeriPark brand has been expanding its award-
winning customer service platform across the country
for over 30 years combining creativity, operational
excellence and financial discipline. Today, AmeriPark
proudly operates more than 250 properties in over 20
states and territories.
Core Values
AmeriPark emphasizes 5 core values, which play a key
role in the day to day decisions made by the company.
Passion & Inspiration- What we do is more than a job,
it's our passion, We empower each other. We inspire
our clients. We encourage our community.
Integrity & Trust- We conduct ourselves in a way that
is honorable, commendable, and true. We have the
courage and willingness to "do the right thing.'
Service Excellence- Service Excellence is more than
what we provide, it's how we think and act. We deliver
what we promise and go beyond what is expected.
SERVICE STANDARDS
GSS
At AmeriPark, we don't just talk about customer service.
We put it into action every time we interact with a
customer When interacting with customers, remember
the acronym GSS to provide high quality service GSS
stands for Greet, Serve, and Send
Greet- Greet the Customer
Serve- Serve them in a friendly, efficient manner
Send- Send them on their way with a friendly farewell
20110 Rule
Employees should always remember the 20110 rule
when they are near customers If you are within 20 feet
of the customer, you should acknowledge them with a
gesture; a wave of the hand, a nod of the head, eye
contact, a smile, etc.
If you are within 10 feet of a customer, you should
acknowledge them with eye contact & a verbal greeting,
'hello", "good morning", etc.
Service Expectations
Whether you are a cashier, ambassador, maintenance
person, valet, driver, bookkeeper, manager, or
executive. here is what we expect from ALL AmeriPark
employees
Smile
• Greet all customers with a smile
• Remember- you never get a second chance to
make a good first impression
Be Friendly
• Practice "Greet/Serve/Send" at all times -with
enthusiasm!
• Give your attention to the customer and to the
job at hand
Be Dependable
• Report for work on time as scheduled
• Complete the tasks you are asked to complete
• Respond promptly to questions and requests
• Follow up until situation is resolved
Look Good
• Always report to work in proper uniform
• Keep uniform neat and clean
• Be neat and well groomed
• Don't eat, drink, smoke, chew gum. or talk on
phone in view of customers
Be a good representative of AmeriPark
• Anticipate the needs of customers
• Be able to answer basic questions & help
customers solve problems
• Keep your work area clean and well organized
• Know and practice Amer€Park's Service
Standards
PRINCIPLES OF CUSTOMER
SERVICE AND COURTESY
An often -repeated customer service philosophy that
AmeriPark should recite to employees is this:
"Our facility is often the first and last
experience customers have on their way to
and from their destination.
Winning through Service
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Our job is to make that experience a clean;
safe and pleasant one for every customer
who parks here."
Excellent customer service starts at the top. AmeriPark
must not only select service -minded employees, but
employees must also continually emphasize the need to
deliver the best customer service possible, in every
situation. Customer service could be emphasized by
one important rule:
"Customer service isn't part of the job; it is the
job. "
AmeriPark employees must understand that customer
service is not just another duty in addition to the regular
responsibilities they need to perform. Customer service
is the reason for performing all duties of the job.
Service With a Smile
Smile and begin each transaction on the right note.
Consider a smile on the employee's face to be an
important part of the organization's uniform. Service with
a smile is as important to a facility's success as
cleanliness and safety. Smile to show customers you
are happy to serve them.
Make Good Eye Contact
Look at customers and co-workers when you or they are
speaking. Good eye contact is a form of respect. It
shows that you are giving the other person your full
attention.
Greet Every Customer
Parking facility employees, managers and supervisors
should make it their job to greet every customer with
whom they come into contact.
Be the first to greet customers when they arrive, or,
greet them at the elevator, in walkways or when exiting
the facility.
Be Professional When in Uniform
If you are wearing a uniform or nametag, remember that
you are representing your organization while you wear
the organization name. We expect you to act
professionally and courteously when in uniform. This
Winning through Service
may include your daily commutes to and from work, at
lunch and during breaks.
Proper attire includes good grooming as well as wearing
a uniform or following a dress code required by your
organization. Employees' clothing should always be
clean, pressed and neat looking. Shoes also should look
clean and neat.
Present a Good Appearance
Pay attention to grooming and personal appearance,
too. Please refer to the handbook for jewelry, tattoos,
piercings, and other personal fashion statement policies.
Some basic requirements are common to most
organizations with regard to personal appearance.
Finger -nails and hands for all employees should be
clean. Hair should be neat and tied back if long. All
employees should strive to minimize those aspects that
discourage interpersonal contact with, and acceptance
by customers, such as offensive body odor or breath.
Deliver Prompt, Accurate Service
Employees should be the first to greet customers, offer
directions, and ask if a customer needs help.
Employees should know theirjob well enough to
perform their duties accurately and quickly. Customer
service surveys indicate that customers will wait a little
more patiently if they believe a busy employee is
working hard to be as efficient as possible. Valet parking
employees may be asked to "run, don't walk" when
retrieving customer cars. However, prompt service is
only half of the rule. Never sacrifice accuracy or safety
for speed.
Never Ignore Customers
Don't allow daily tasks such as cleaning or completing
reports distract you from assisting customers. Being too
busy is no excuse for ignoring a customer who needs
service. Also, don't let these other personal distractions
prevent you from interacting with customers promptly and
courteously:
• Talking on the phone
• Speaking with co-workers or visitors who might
have dropped by to chat
• Reading
• Listening to the radio
Customers should always be the employee's first and
most important focus.
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AmeriPark'
Provide Excellent Service, with or
without a Tip
In operations where tipping is customary, such as a valet
parking facility, employees must remember that every
customer gets excellent service, whether a tip is offered or
not Thank every customer for using the facility.
ADDITIONAL RESPONSIBILITIES FOR
AMERIPARK EMPLOYEES
Be Available
Respond immediately to questions, needs and complaints
In situations involving customers, always try to contact
them before they contact you. Delaying contact regarding
claims or complaints may make problems worse.
Treat Customers Professionally at All
Times
You may get to know many of your customers quite well
and feel that you are friends. However, never forget that
they are paying customers and always deserve your
professional attention and courtesy.
Follow through on each promise you make to customers,
whether it's a price quote or a complimentary parking
pass. A delay in fulfilling your promise could cause a loss
of business
Understand the Service Level
Customers Expect
The wise AmeriPark employee consults with the client and
customers to gain perspective on the level of service
expected in the facility and delivers on that expectation.
Knowing who your customers are and understanding the
service and revenue goals for the facility will guide you in
how best to balance the needs of everyone involved.
SERVICE LEVELS FOR
DIFFERENT TYPES PARKING
OPERATIONS
As an AmeriPark employee, be aware of how you may
provide and improve customer service in your parking
facility. Here are some highlights of different customer
service levels for unattended, attended, and valet facilities.
Winning through Service
Unattended Facilities
Unattended facilities include those with lock box. pay -on -
foot and monthly pre -paid parking. Maintaining the
appearance and safety of these unattended facilities
shows customer service at work. Customer service details
to consider in unattended facilities are:
• Wayfinding signage
• Facility design
• Facility appearance
• Equipment
Carefully place and maintain all signs and instructions
throughout the facility. Customers must rely on these signs
to show them where to park and where to pay. Make sure
the wording is accurate and concise. If bilingual signs are
needed, ensure that the translations are correct.
Facility Design
An unattended, self -park facility should be easy for
customers to enter and exit. Parking spaces should be
designed with safety in mind. Traffic intersections should
be clearly marked to avoid collisions.
Larger parking spaces and aisles may be an advantage to
help customers to park easily and quickly without
damaging their vehicle or other vehicles. However, this is
an example of the tradeoff between service and revenue.
Larger spaces may mean fewer spaces and less revenue,
and changes to facility design should always be done in
consultation with the owners, design experts and your
supervisor.
Facility Appearance
Make sure that the facility surfaces are in good repair,
clean, freshly painted and well lit. A well -kept facility will
invite customers to park in it.
Equipment
Check entrance and exit gates, lights and revenue control
equipment daily to make sure they are in working order.
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Ameri ?arko`
Attended Facilities
There are several variations of attended, self -park
facilities. Each type requires its own level of customer
service. Appearance, facility design and equipment
maintenance are key factors in attended facilities just as
they are in unattended ones. However, the most
recognized element of customer service in an attended
facility is the personnel. Two keys to customer service in
attended facilities are:
• Knowledgeable and courteous personnel
• Equipment operation
Knowledgeable Personnel
All personnel should be familiar with the facility's policies
procedures and rates, so they can answer customer
questions with confidence and accuracy.
Facility personnel should also be familiar with the
surrounding neighborhood and be able to give directions
to customers who are not familiar with the area.
Cashiers and any employee collecting fees should also
perform the following services, at a minimum:
• Greet customers
• Process transactions quickly and accurately
• Clearly state fees
• Process payments quickly and accurately
• Count change back to customers out loud
• Thank each customer for using the facility
Equipment Operation
Employees should be able to operate all equipment
properly and know what to do if any equipment
malfunctions. Procedures should include how to handle all
customer transactions efficiently and courteously when
equipment is out of order.
Anytime your facility upgrades to a new and different
technology, think about the impact this will have on your
customers and how you can help them overcome the
initial learning curve.
Winning through Service
Valet Facilities
A valet facility is often established to make the best use of
space, provide special service to clients, or both. Many
customers expect the highest level of service from valet
parking facilities. Valets may be required to always wear
nametags. Names can be important, especially if there is a
customer compliment or complaint.
Facility visitors may have special needs for which the valet
may need to provide assistance. For example, if the facility
is part of a hospital or other medical center, valets should
be able to assist with wheelchairs, crutches, infant seats
and more.
A valet parking facility often operates in conjunction with
restaurants, hotels, shopping areas and businesses. Valet
attendants may be required to park and retrieve each
vehicle. Some valet facilities have a cashier to handle
payments, with valets dealing strictly with parking and
returning vehicles to customers.
Courteous Valet Service with a
Cashier
A cashier in a valet parking facility is responsible for
accepting all payments. The valet attendant is responsible
for parking and retrieving cars. The basic customer service
steps for a valet include:
• Opening car doors
• Greeting customers
• Handing customers a claim check
• Retrieves vehicles upon customers' return
• Helps customers store items in vehicle if necessary
• Waits for customers to enter their vehicles
• Closes the vehicle door once customers are inside
Courteous Valet Service without a
Cashier
In this type of operation, the valet performs essentially the
same duties as a valet working with a cashier. The
difference is that this valet is also responsible for collecting
the parking fees from customers. The valet should clearly
state the parking fee and thank customers for parking in
the facility.
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Prompt Check -Out
Valets should ask customers the approximate time of
their return. By doing so, the valet may park vehicles
so that they can be retrieved in the order in which
customers will be leaving.
POLICIES, PROCEDURES AND
CUSTOMER SERVICE
When service is the job, not just part of it, you begin
to relate many of your policies and procedures to
serving the customer in every circumstance
Customer Safety
• If there is a personal injury, call for emergency
assistance. Ask if a relative or friend can be notified.
• Do not admit guiit unnecessarily.
• Get the details. Write out your own report.
• Assist the customer in completing claim forms and
reports.
• Employees should be trained and prepared to handle
damage claims.
An important way to deliver excellent service is to
prevent problems that you can foresee. There is no
greater service you can provide your customer than to
assure their safety while they are in your facility. •
• Develop a safety first attitude throughout your facility
• Ensure that valets handle every vehicle carefully and
slowly.
• Block customers' access to restricted areas in the
facility.
• Maintain proper cleaning and maintenance
procedures to prevent slips and falls.
• A well -lit facility is a safer facility.
• Provide security measures, such as conveniently
located customer call buttons or stations.
• Instruct personnel to be responsible for removing
debris, light snow and ice, and ensure that equipment
is in good repair
• Employees should always report gates that
malfunction or have sharp edges.
• Advise personnel to report any dangerous conditions
they observe, such as potholes or uneven surfaces.
• Remember to stay aware of your surroundings Look
up from your work frequently and survey the facility in
all directions for potential hazards or criminal activity.
Prompt Handling of Damages and
Claims
• Apologize to the customer for any inconvenience and
follow your organization's procedures for handling a
claim.
• Assure the customer that the situation will be handled
promptly Show that you are concerned.
Winning through Service
Handling Lost Tickets Claims
Varying locations and types of facilities present
different challenges when handling lost tickets. Most
attended, self -park facilities have a policy requiring
customers to pay a full day's rate when they cannot
find their parking tickets.
Train personnel to be courteous when explaining the
lost -ticket policy to customers.
Collect the proper parking fee
Many valet facilities can rely on the valet to remember
when the customer arrived in order to figure an
appropriate rate.
CUSTOMER COMPLAINTS
AND DISSATISFACTION
When a customer has a complaint, always show that
you are concerned and take action. Thank the
customer for bringing the problem to your attention
and act accordingly.
A well-trained staff of attendants, valets and cashiers
should be ready to resolve complaints from
dissatisfied customers. Emphasize that dissatisfied
customers should always be treated with respect.
Customers Are Not Always Right,
But They Are Your Customers
Customers who are frustrated with travel delays. work
problems, a sick family member or unfamiliar
surroundings will sometimes take their frustration out
on a parking attendant. If a customer wants to vent
that frustration, allow them to do so. and don't argue.
Employees should be aware that dealing with
frustrated customers comes with the territory. The
employees' job is to stay calm, answer questions,
offer to help and always stay in control of every
situation
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,4meriPark'
Employees who lose their tempers lose their control
Losing one's temper can result in problems greater
than the original issue.
Resolving Customer Complaints
Using PARC
When employees are faced with a customer
complaint, it is important for them to resolve the issue
using the "PARC" acronym. PARC stands for
Professional, Apologize, Resolve, and Correct.
Professional- Our well trained staff listens to the
customer and provides compassionate responses
regarding the situation. Listen, Empathize and
Analyze & Respectfully deal with the issue.
Apologize- Employees apologize for and
acknowledge the inconvenience of the situation to the
customer. We are grateful to have our customers and
want to reconcile the situation to the best of our ability
through our teamwork and leadership,
Resolve- We resolve the situation for the customer by
offering a solution that demonstrates our commitment
to putting our guests' needs ahead of our own.
Correct- We correct the situation through coaching
the staff, focusing on the situation at hand and
discussing what was missed from our staff and what
is needed to prevent it from happening again.
Additional training is provided to the staff to polish and
sharpen our skills and knowledge regarding the
situation.
CUSTOMER SERVICE TRAINING
Good customer service training means every
employee understands the policies, philosophy and
actions to be taken in a variety of customer service
situations. Customer service training for facility
personnel should include:
• A clear explanation of the level of customer service
personnel are expected to deliver.
• A demonstration of how employees should try to
resolve a customer complaint and when a manager
should be called in to resolve a complaint.
• A description of actions to be taken in the case of
emergencies, damages or claims.
• Role-playing to help personnel practice what they
have learned before they are faced with a customer
complaint on the job. Develop role-plays based on
prior real customer complaints, and common types of
customers, including travelers, those who are late for
work and customers who have forgotten their wallets.
Winning through Service
Employees should practice how they use their body to
communicate. They should not stand too dose in a
customer's "personal space," nor look away or be
distracted while in conversation with a customer. Also,
arms should not be folded in front of the body; this
signals a lack of interest in helping the patron.
Instead, employees should stand at a respectful
distance, maintain eye contact and show they are
actively listening to the patron by nodding, for
example.
Employees should also be trained to use words to
demonstrate their professionalism and eagerness to
provide top service Table 1
Periodic Customer Service
Performance Reviews
Each year during annual reviews, all employees will
be rated on their customer service. These ratings will
be based on:
• Employee performance
• SMS customer text comments
• Tip Averages
• Car Counts
Locations with SMS Valet System offer guests the
opportunity to provide feedback at the end of their
visit via text. The guest is able to rate their
experience on a scale of 1 through 5 and make
additional comments.
Customer compliments and complaints will be a part
of an employee's personnel file. During periodic
employee reviews, employees will be recognized for
good customer service performance, or management
will recommend ways to improve weak performance.
Customer complaints and solutions will be recorded in
order to keep track of the facility's overall customer
service. It is important to look for trends and use
your data collected to prioritize corrections for
repeated concerns.
Comment cards will be available at all times to enable
patrons to immediately advise you of any concerns—
or kudos—for your operation.
Establish Open Communication
with Customers
Although they may have legitimate complaints or
problems with the parking facility, some customers do
not like to complain in person. Others will demand to
speak to someone in charge. In either case, you can
24-47
,lmeriParK
show your willingness to address customers'
concerns by making it easy for customers to contact
YOU.
• Post a convenient office number at the facility for
customers to call when they have questions or
comments.
• If available, provide personnel with a supply of your
business cards
• Employees should distribute cards to unsatisfied
customers who insist on speaking to "someone in
charge."
• At the very least, Employees should provide the
supervisor's name and office number to customers
when appropriate.
Winning through Service
24-48
rid
Table 1: What to Say When Speaking with a Customer
DON'T SAY
DO SAY
"No."
"Here's what I can do for you.'
"You'll have to call the office."
"Here's how I can help you right now."
"That's not my department." Or "I don't have the
authority to do that."
"Let me introduce you to the person who can
help you."
"You're right, this company (or organization)
doesn't care about its customers."
"I can understand why you're frustrated."
"Calm down."
"I'm sorry. Please let me help you."
"I don't know."
"I'll find out for you."
"I'm busy right now."
"Sorry for the wait. I'll be with you the moment I
finish this."
"It's not my fault."
"Let's work together to try and fix this."
"That's against our policy (or procedure)."
"Let me offer you this alternative."
"Call me back to follow up."
"I'll tail you back on Monday with an answer."
Winning through Service
24-49
EXHIBIT D
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coveraqe Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Ameripark, LLC Page D-1 24-50
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Ameripark, LLC Page D-2 24-51
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Ameripark, LLC Page D-3 24-52
judgment may be necessary for its proper protection and prosecution of the
Work.
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