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HomeMy WebLinkAboutParking Concepts, Inc. - 2012-05-07 I <� Z- Council/Agency Meeting Held: o� Deferred/Continued to: *Appr ed ❑ Conditionally Approved ❑ Denied Clt ler Sign re Council Meeting Date: May 7, 2012 Department ID Number: ED 12718 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager/Economic Development Director SUBJECT: Approve and authorize execution of Shuttle Services Agreement with Parking Concepts, Inc. to provide Shuttle Services for the 2012 Surf City Downtown Shuttle Program Statement of Issue: Authorize execution of Shuttle Services Agreement with Parking Concepts, Inc. to provide shuttle services for the 2012 Surf City Downtown Shuttle Program scheduled to begin May 26, 2012. Financial Impact: The Shuttle Services Agreement will be funded through AQMD grant funds available in account 20185201.69450 in the amount of $46,999. Recommended Action: Motion to: A) Authorize the City Manager to execute the "Shuttle Services Agreement" between the City and Parking Concepts, Inc. that has been approved to form by the City Attorney; and, B) Authorize the City Manager, or his designee, to execute any other related documents to the Shuttle Services Agreement. Alternative Action(s): Do not approve the Agreement and/or direct staff accordingly. HB -113- Item 8. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 5/7/2012 DEPARTMENT ID NUMBER: ED 12-18 Analysis: In 2010, the City launched the Surf City Downtown Shuttle Program. The Shuttle operated on weekends on a 3.5 mile loop, transporting passengers from the Huntington Beach Civic Center parking lot to Downtown. The Shuttle Program was successful, providing service to more than 4,600 passengers during the 2010 season. In summer 2011, the program was expanded to also provide service on Tuesdays during Surf City Nights and served 5,662 passengers. The Downtown Economic Development Committee reviewed the program at its January 26, 2012, meeting and recommended continuing the program and extending the Tuesday night service year round. On February 22, 2012, the Economic Development Department issued a request for proposals seeking qualified shuttle operators to service the Surf City Downtown Shuttle Program for the following three years. Four proposals were received. After completing an evaluation process, City staff selected Parking Concepts, Inc. as the preferred shuttle operator. Parking Concepts, Inc. shall provide all shuttles, labor, supervision, and all other necessary items needed to operate a high-quality, professional, shuttle service. Service highlights include the following: • Contract Term: The contract shall be a one-year term with two (2) one-year options to renew. Contract extensions are not guaranteed and subject to availability of program funding. • Contract Amount: Shuttle operations shall be billed based on an hourly rate of $63.67 per shuttle hour. The not to exceed contract amount is $46,998.46. Annual Contract Adjustments: If the City elects to extend the contract period, the vendor would be allowed annual contract adjustments (Year 2 and Year 3). Contract adjustments shall be equivalent to the lower of 3.5 percent or the year-to- year percentage change of the Los Angeles-Riverside-Orange County Consumer Price Index for All Urban Consumers (GPI-U). • Dates of Operation: o Tuesdays: Year-round o Weekends and Holidays: Memorial Day weekend through Labor Day, including Memorial and Labor Day but excluding July 4 • Time of Operation: Shuttles must be available to operate between 10:00 AM — 10:00 PM on weekends, Memorial Day and Labor Day, and from 5:30 PM — 10:00 PM on Tuesday evenings. • Remote Lot Location: Huntington Beach City Hall parking lot, consisting of approximately 350 available spaces, located at 2000 Main Street, Huntington Beach, CA. • Vehicles: Starcraft Allstar ADA compliant 20 passenger shuttle buses. Vehicles will be identified by themed vehicle wrap signage to be included on the sides, front and back. • Shuttle Routes and Stops: The proposed route is a 3.5 mile continuous loop, originating at City Hall and stopping at the northeast corner of Main Street and Orange Avenue, and on 5th Street at or near the valet parking stop for the Shorebreak Hotel. Note that the 5th Street stop is only utilized on weekends. Item 8. - 2 HB -11.4- REQUEST FOR COUNCIL ACTION MEETING DATE: 5/7/2012 DEPARTMENT ID NUMBER: ED 12-18 • Level of Service: Civic Center pickups shall occur approximately every 30 minutes, on the hour and half hour. The City shall reserve the right to alter pickup frequency/occurrences. On the US Open event weekends and during other street closures, Shuttles will stop only at Main Street and Orange Avenue on a continuous loop, which may or may not equal 30 minutes. • Number of shuttles: During standard Tuesday evening/weekend operating conditions, one (1) shuttle shall be available for service. During holiday and US Open weekends, up to four (4) simultaneously-operating shuttles will be available for service. • Rider Cost: Free of charge so no cash handling and accounting will be required by the operator. Funding for the Surf City Downtown Shuttle is provided by Air Quality Management District grant funding in the amount of $50,000. Advertising for the Shuttle and the Surf City Bike Valet Program will be combined wherever possible to maximize available resources. Staff requests that the City Manager be authorized to execute all related service agreement documents and approve contract extensions. Environmental Status: N/A Strategic Plan Goal: Enhance Economic Development Attachment(s): 1. 1 "Shuttle Services Agreement" HB -115- Item 8. - 3 ATTACHMENT # 1 Item R. - J iiB -iie- SHUTTLE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of by and between Parking Concepts, Inc., a California corporation, db Transportation ransportation Concepts (hereinafter "Contractor"), and the City of Huntington Beach, a charter city and municipal corporation of the State of California (hereinafter"City"). RECITALS A. The City desires to provide shuttle services for visitors to the city's downtown; and B. City desires to retain a Contractor having special skill and knowledge in the operation of shuttle services; and C. Contractor represents that Contractor is able and willing to provide such services to the City; and D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor will provide shuttle services as identified in Exhibit A-Scope of Services, which is attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services rendered under this Agreement, a sum not to exceed Forty-six Thousand Nine Hundred Ninety-nine Dollars ($46,999.00) during the term of this Agreement. b. Contractor may submit biweekly invoices but must submit documentation, such as driver's log, showing the actual times and hours worked by the shuttle drivers and hours of actual operation. C. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 12-3208/75748 1 d. If the City elects to extend the term, the Contractor will be allowed annual contract adjustments in years two and three. Contract adjustments shall be equivalent to the lower of 3.5 percent or the year-to-year percentage change of the Los Angeles- Riverside-Orange County Consumer Price Index for all Urban Consumers (CPI-U). Annual adjustments will go into effect on the eve of each contract anniversary date. 3. TERM This Agreement shall commence on JY14q ' L /A and terminate � unless terminated earlier in accordance with Section 12, below. The Agreement may be extended for two (2) one-year periods by written consent of the parties. The City shall notify the Contractor of its intent to exercise its extension option by March lst of each subsequent year. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE a. Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 12-3208/75748 2 b. General Liability Insurance. In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. If the Contractor maintains higher limits than the minimum requirement, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Under no circumstances shall above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. C. Certificates Of Insurance; Additional Insured Endorsements. Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City's Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers, to the City Attorney for approval prior to any payment hereunder. 12-3208/75748 3 6. INDEMNIFICATION Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. 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 Contractor. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12-3208/75748 4 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: To Contractor: City of Huntington Beach Parking Concepts, Inc. Attn: Director of Economic Devel. Attn: Rich Rogers P.O. Box 190, 2000 Main Street 12 Mauchly, Building I Huntington Beach, CA 92648 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12-3208/75748 5 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Contractor to deliver all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION—VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 12-3208/75748 6 i 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. PARKING CONCEPTS,INC.,a CITY OF HUNTINGTON BEACH, a California corporation municipal corporation of the State of California By: rws print nkV City Manager ITS- (circle one) Cbairman/Presidentp7ice resident AND AP VED AS TO FORM- By: a�� cgq k l h'i,1 lG CitPAttorney lll �Izs l ?— print name ITS: (circle one) Secretary/ ief Financial Officer sst. Secretary—Treasurer COUNTERPART 12-3208n5748 7 15. PRO>F'ESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. PARKING CONCEPTS, INC., a CITY OF HUNTINGTON BEACH, a California corporation municipal co oration of the State of California By: print name C y M ager ITS: (circle one) Chairman/President/Vice President AND AP VED AS TO FORM: By: Cit Attorney VII zs 1 ?— print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART 12-3208/75748 7 EXHIBIT A SCOPE OF SERVICES The CONTRACTOR shall shuttle downtown visitors from the Huntington Beach Civic Center parking lot(2000 Main Street)to two (2) fixed route stops in downtown Huntington Beach. Weekend and holiday service is provided from 10 a.m. to 10 p.m. Memorial Day weekend through Labor Day, and year-round Tuesday night service from 5:30 p.m. to 10 p.m. will commence following the awarding of the contract to the CONTRACTOR, with the potential to provide additional service on up to ten)10) additional days throughout the calendar year as the need arises. The CONTRACTOR shall provide all shuttles, labor, supervision, and all other necessary items needed to operate a high-quality, professional, shuttle service. The proposed minimum shuttle service requirements are as follows: i. Dates of Operation: Tuesday (Year-Round): To begin on a date determined by agreement, but anticipated to begin no later than May 29, 2012. Weekends and Holidays: Memorial Day weekend through Labor Day: • 2012: May 26 through September 3, including Memorial and Labor Day but excluding July 4 • 2013: May 25 through September 2, including Memorial and Labor Day but excluding July 4, subject to funding and extension. • 2014: May 24 through September 8, including Memorial Day and Labor Day but excluding July 4, subject to funding and extension. ii. Time of Operation: Shuttles must be available to operate between 10 a.m. - 10:00 p.m. on weekends, Memorial Day and Labor Day, and from 5:30 p.m. — 10:00 p.m. on Tuesday evenings. Hours may be modified prior to the start of the program or by the CITY at any time on an as needed basis. The CITY shall notify the CONTRACTOR of cancellations no later than noon for Tuesday night service and 24 hours prior to weekend service. In the event the CITY is not able to meet these notification requirements, the CONTRACTOR shall maintain the right to bill the CITY for the service, whether or not it is rendered. Note that weather conditions may cause cancellation of service on Tuesday evenings, which is more unlikely during the peak summer season but does occur periodically during other seasons. iii. Remote Lot Location: Huntington Beach Civic Center parking lot, consisting of approximately 350 available spaces, located at 2000 Main Street, Huntington Beach, CA 12-3208/75748 1 iv. Shuttle Routes and Stops: The approved route is a 3.5 mile continuous loop, originating at the Huntington Beach Civic Center and stopping at the northeast corner of Main Street and Orange Avenue, and on 51h Street at or near the valet parking stop for The Strand (Exhibit A). On Tuesday nights the only stop is located at Main and Orange Streets. Further, during special events, such as the Hurley US Open of Surfing, there may be street closures which may eliminate the stop at The Strand. Advance notification and signage will be arranged. V. Level of Service: On weekends, Civic Center pickups shall occur at regular intervals at least every 30 minutes, on the hour and half-hour, except during special events when street closures or events may otherwise require alteration of frequency by mutual agreement. The City shall reserve the right to alter pickup frequency/occurrences. vi. Number of shuttles: During standard weekend operating conditions, one (1) simultaneously-operating shuttle shall be available for service. One (1) must be available on Tuesday evenings. During holiday and US Open weekends, up to four (4) simultaneously-operating shuttles must be available for service. It is preferred that vehicles operate using propane, CNG or other alternative to traditional gas-powered vehicles. vii. ADA Accessibility: Shuttles must be ADA accessible and comply with all ADA state, county and local requirements. viii. Anticipated capacity: Each shuttle must accommodate a minimum of 20 seated shuttle passengers. The CONTRACTOR shall designate one shuttle to the Surf City Downtown Shuttle Program. The designated shuttle shall be available Tuesday nights year round and weekends during summer months (Memorial Day through Labor Day). ix. Shuttle Cost: Free of charge to passengers, so no cash handling and accounting will be required by the CONTRACTOR. X. Ridership Records: Operation of each shuttle requires completion of daily logs identifying passenger counts, parking lot capacity, and mileage. The daily log must be submitted to the city after each weekend's or single day's service. 12-3208/75748 2 xi. Signage: Fixed signage is posted at downtown stops and the Civic Center. Shuttles must be available to carry program advertising, i.e., program banners, magnetized signage, vehicle wrapping, or other signage during operation in order to identify its use as the Surf City Downtown Shuttle. Signage will be provided by, and at the expense of, the City and the type and installation will be arranged through a cooperative effort with the operator. It is preferred that the operator also have capacity inside of the vehicle for any additional signage that may be utilized to advertise city programs or recognize program sponsors, for example. CONTRACTOR will provide signage highlighting the shuttle program and selected sponsors, if any, on the exterior of the designated vehicle. Signage art work must be mutually agreed upon by CONTRACTOR and CITY. The exterior signage shall be maintained in good condition throughout the term of the contract. 12-3208/75748 3 INSURANCE AND INDEMNIFICATION WAIVER Hun6n :&mow MODIFICATION REQUEST 1. Requested by: Luis Gomez, Econ Dev 2. Date: 04/20/2012 3. Name of contractor/permittee- Parkinq Concepts, Inc 4. Description of work to be performed: See attached Scope of Work 5. Value and length of contract: $46,998.46 6. Waiver/modification request: Waiver 7. Reason for request and why it should be granted: Parking Concepts, Inc. currently holds an insurance deductible above the City maximum of $1,000. Parking_Concepts, Inc. has provided financials supporting the company's capacity to meet the higher deductable, if necessary. 8. Identify the risks to the City in approving this waiver/modification: Minimal Department Head Signature Date: APPROVALS x, ",.:. .:j Approvals;must°b'" btained in;the corder-listed;'on'fhis for r i., Two;approvalsar.,e required, ; �, �, fora request to be granted ApprovaLft the City Administrator.,s Qffice Is only_required if Risk Mana eme and tf1Le.Cit Attor e ,s Office disc ree 9 E Y : Y 9:. 1. Ris Management j'�,Approved El Denied � nature Date 2. City Attorney's O A proved ❑ Den' 'f" ' at Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date � <<. , If approved the corripleted waiver/rno"dification`,-reque 't''' to'be submitted t6thd City Attorneys Office along with"`'the.contracffo;r approval:a Qneejth,e contract;has Been,a roved,. pP �s ,this form.is to b`e filed=with;the''"RisksMariagement.Division,of:NumanResources" .. Insurance Waiver Form 4/20/2012 4:35:00 PM A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services CONTACT NAME: ISela Carrillo 251 S. Lake Ave., Suite 150 PHONE A/c No Pasadena, CA 91101 EMAIL ADDRESS: f INSURERS AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License#OE83670 INSURER A: Nationwide Mutual Insurance Company INSURED INSURER B: American Casualty Company of Reading, Parking Concepts, Inc. 12 Mauchly, Building I INSURERC: Scottsdale Insurance Irvine CA 92618 INSURERD: United1 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 12931161 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD/YYYY MMIDDMlYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Es occu ante $ _ CLAIMS-MADE F—IOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 7 PRO LOG 1 1 $ B AUTOMOBILE LIABILITY 4022918108(Bus) 6/1/2011 6/1/2012 E°acBI EDSINGLE LIMIT $ 1,000,000 ANY AUTO AS �jO�p,r BODILY INJURY(Per person) $ ALL OWNED B SCHEDULED =�ui��11 BODILY INJURY(Per accident) AUTOS ✓ AUTOS m $ ✓ HIRED AUTOS ✓ AUTOS ED '� :LI PROPERTY $ Comp Ded$10,000 L�901RNE Liability Deductible $$50,000 p/accident ✓ I Coll Ded$10,000 $ C UMBRELLA LIAB ✓ OCCUR XLS0074847 6/1/2011 6/1/2012 EACH OCCURRENCE $ 25,000,000 ✓ EXCESS LIAB I CLAIMS-MADE AGGREGATE $ 25,000,000 DED RETENTION$ $ $ D WORKERS COMPENSATION 4066807671 6/1/2011 6/1/2012 WCSTATU- O TORY LIMITS AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Automobile Liability Including BA7805084403(Auto) 6/1/2011 6/1/2012 Combined Single Limit$1,000,000 Scheduled Autos Physical Damage- iNon-Owned A 1 I $1.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Surf City Shuttle Location#543 The City of Huntington Beach,its officers,elected or appointed officials,employees agents,and volunteers are Additional Insureds per the attached policy form. Refer to Policy n lla i n Forms t o hed CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Isela Carrillo ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/06) The ACORD name and logo are registered marks of ACORD CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 1 of 8 4022918108(Bus) 4/25/2012 6/1/2011 6/1/2012 CA 20 48 (02-99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): Refer to G 56015-B attached The City of Huntington Beach,its officers,elected or appointed officials,employees agents,and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02-99) CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 2 of 8 4/25/2012 POLICY NMMER INSURED NAME AND ADDRESS 4022918108 PARKING CONCEPTS INC DBA TRANSPORTATION CONCEPTS 12 MAUCHLY BUILDING I IRVINE, CA 92618 POLICY CHANGES A DESIGNATED INSURED This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. Any person or organization that the Named Insured is obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. Chairman of the Board sovOtary G-56015-B (ED. 11/91) CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 3 of 8 Parking Concepts, Inc. 4066807671 4/25/2012 WORKERS COMPENSATION AND EMPLOYERS t-PZUTY INSURANCE Pt: UCY CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A.of the information page. The cancelation condition in Part Six(Conditions)of the policy is replaced by these conditions: CANCELATION 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f.� Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders: h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; i. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. DATE OF ISSUE: Copyright 1998 5y The Workers'Compensation Insurance Rating Bureau of California. All rights reserved, From the WCIRB's California workers'Compensation Insurance Forms Manual Copyright 1999. FM 111.0.755(03 03) Page 1 of 2 CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 4 of 8 3. of we cancel your policy for any of the reasons listed in (a)through (f),we will give you 10 days advance written notice,stating when the cancelation is to take effect. Mailing that notica to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items(g)through (1), we will give you 30 days advance written notice; however,we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations,notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. Premium Determination—This section amends workers compensation and employers liability insurance policy(WC OD00OOA). Part Five—premium paragraph E.Final Premium, 1. Premium Determination—Cancellation By The Employer(or By The Company Due To Non- payment Of Prerrium). First,the premium computed in accordance with Part 1,Section 11, Rule 3,will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second,the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days, (When the policy was written for a one-year period,the extended number of days will equal the number of days the policy remained in force.) Third, the customary short rate percentage corresponding to the extended number of days will be obtained from the short rate cancelation table. Fourth,the short rate premium will be'equal to the product of the full policy premium times the short rate percentage. DATE OF ISSUE: Copyright 1998 by The Workers'Compensation Insurance Rating Bureau or California. All rights reserved. From the WCIR.B's Califomla Workers'Compensation Insurance Forms Manual Copyright 1999. FM11'1.0.755(0903) Page 2 of 2 CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 5 of 8 Parking Concepts,Inc. 4022918108(Bus) 4/25/2012 IL 02 70 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND N®NRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common (2) Discovery of fraud or material Policy Condition are replaced by the following: misrepresentation by: 2. All Policies In Effect For 60 Days Or Less (a) Any insured or his or her If this policy has been in effect for 60 days or representative in obtaining this less, and is not a renewal of a policy we have insurance;or previously issued, we may cancel this policy by (b) You or your representative in mailing or delivering to the first Named Insured pursuing a claim under this policy. at the mailing address shown in the policy and (3) A judgment by a court or an to the producer of record,advance written notice administrative tribunal that you have of cancellation, stating the reason for violated a California or Federal law, cancellation,at least: having as one of its necessary a. 10 days before the effective date of elements an act which materially cancellation if we cancel for. increases any of the risks insured (1) Nonpayment of premium;or against. (2) Discovery of fraud by: (4) Discovery of willful or grossly negligent acts or omissions, or of any violations (a) Any insured or his or her of state laws or regulations establishing representative in obtaining this safety standards, by you or your insurance;or representative, which materially (b) You or your representative in increase any of the risks insured pursuing a claim under this policy. against. b. 30 days before the effective date of (5) Failure by you or your representative to cancellation if we cancel for any other implement reasonable loss control reason. requirements, agreed to by you as a 3. All Policies In Effect For More Than 60 Days condition of policy issuance, or which were conditions precedent to our use of a. If this policy has been in effect for more a particular rate or rating plan, if that than 60 days,or is a renewal of a policy we failure materially increases any of the issued,we may cancel this policy only upon risks insured against. the occurrence, after the effective date of {6) A determination by the Commissioner the policy,of one or more of the following: of Insurance that the: (1) Nonpayment of premium, including payment due on a prior policy we (a) Loss of, or changes in, our issued and due during the current reinsurance covering all or part of policy term covering the same risks. IL 02 70 09 07 Copyright,ISO Properties,Inc.,2006 Page 1 of 3 CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 6 of 8 the risk would threaten our financial However, we shall cancel this policy if the integrity or solvency;or first Named Insured has accepted a new or (b) Continuation of the policy coverage renewal policy issued by the CEA that would: includes an earthquake policy premium surcharge but fails to pay the earthquake (i) Place us in violation of policy premium surcharge authorized by the California law or the laws of CEA. the state where we are domiciled;or c. We may not cancel such coverage solely because corrosive soil conditions exist on (0) Threaten our solvency. the premises. This Restriction (c.) applies (7) A change by you or your representative only if coverage is subject to one of the in the activities or property of the following, which exclude loss or damage commercial or industrial enterprise, caused by or resulting from corrosive soil which results in a materially added, conditions: increased or changed risk, unless the (1) Capital Assets Program Coverage added, increased or changed risk is Form(Output Policy); included in the policy. (2) Commercial Property Coverage Part — b. We will mail or deliver advance written Causes Of Loss Special Form;or notice of cancellation, stating the reason for (3) Farm Coverage Part— Causes Of Loss cancellation, to the first Named Insured, at the mailing address shown in the policy, Form —Farm Property, Paragraph D. and to the producer of record,at least: Covered Causes Of Loss Special. (1) 10 days before the effective date of C. The following is added and supersedes any cancellation if we cancel for provisions to the contrary: nonpayment of premium or discovery of NONRENEWAL fraud;or 1. Subject to the provisions of Paragraphs C.2. (2) 30 days before the effective date of and C.3. below, if we elect not to renew this cancellation if we cancel for any other policy, we will mail or deliver written notice reason listed in Paragraph 3.a. stating the reason for nonrenewal to the first B. The following provision is added to the Cancellation Named Insured shown in the Declarations and Common Policy Condition: to the producer of record, at least 60 days, but not more than 120 days,before the expiration or 7. Residential Property anniversary date. This provision applies to coverage on real We will mail or deliver our notice to the first property which is used predominantly for Named Insured, and to the producer of record, residential purposes and consisting of not more at the mailing address shown in the policy. than four dwelling units, and to coverage on 2. Residential Property tenants' household personal property in a residential unit,if such coverage is written under This provision applies to coverage on real one of the following: property used predominantly for residential Commercial Property Coverage Part purposes and consisting of not more than four Farm Coverage Part —Farm Property —Farm dwelling units, and to coverage on tenants' Dwellings, Appurtenant Structures And household property contained in a residential Household Personal Property Coverage Form unit,if such coverage is written under one of the following: a. If such coverage has been in effect for 60 Capital Assets Program (Output Policy) days or less, and is not a renewal of Coverage Part coverage we previously issued, we may cancel this coverage for any reason,except Commercial Property Coverage Part as provided in b.and c.below. Farm Coverage Part —Farm Property —Farm b. We may not cancel this policy solely Dwellings, Appurtenant Structures And because the first Named Insured has: Household Personal Property Coverage Form (1) Accepted an offer of earthquake a. We may elect not to renew such coverage coverage;or for any reason, except as provided in b.,c. and d.below: (2) Cancelled or did not renew a policy b. We will not refuse to renew such coverage issued by the California Earthquake solely because the first Named Insured has Authority (CEA) that included an accepted an offer of earthquake coverage. earthquake policy premium surcharge. However, the following applies only to insurers who are associate participating Page 2 of 3 Copyright,ISO Properties,inc.,2006 IL 02 70 09 07 CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 7 of 8 insurers as established by Cal. Ins. Code included an earthquake policy premium Section 10089.16. We may elect not to surcharge. renew such coverage after the first Named d. We will not refuse to renew such coverage Insured has accepted an offer of solely because corrosive soil conditions earthquake coverage, if one or more of the exist on the premises. This Restriction (d.) following reasons applies: applies only if coverage is subject to one of (1) The nonrenewal is based on sound the following,which exclude loss or damage underwriting principles that relate to the caused by or resulting from corrosive soil coverages provided by this policy and conditions: that are consistent with the approved (1) Capital Assets Program Coverage rating plan and related documents filed Form(Output Policy); with the Department of Insurance as required by existing law; (2) Commercial Property Coverage Part — (2) The Commissioner of Insurance finds Causes Of Loss Special Form;or that the exposure to potential losses (3) Farm Coverage Part —Causes Of Loss will threaten our solvency or place us in Form —Farm Property, Paragraph D. a hazardous condition. A hazardous Covered Causes Of Loss Special. condition includes, but is not limited to, 3. We are not required to send notice of a condition in which we make claims nonrenewal in the following situations: payments for losses resulting from an earthquake that occurred within the a. If the transfer or renewal of a policy,without any changes in terms, conditions, or rates, preceding two years and that required a is between u reduction in policyholder surplus of at s and a member of our least 25% for payment of those claims; insurance group. or b. If the policy has been extended for 90 days (3) We have: or less,provided that notice has been given in accordance with Paragraph C.1. (a) Lost ti experienced a substantial c. If you have obtained replacement coverage, reduction the availability or if the first Named Insured has agreed, in scope of reinsurance coverage;orr writing,within 60 days of the termination of (b) Experienced a substantial increase the policy,to obtain that coverage. in the premium charged for d. If the policy is for a period of no more than reinsurance coverage of our 60 days and you are notified at the time of residential property insurance issuance that it will not be renewed. policies;and the Commissioner has approved a plan e. If the first Named Insured requests a for the Commisnonresioner has wals that is fair and change in the terms or conditions or risks equitable, and that is responsive to the covered by the policy within 60 days of the changes in our reinsurance position. end of the policy period. c. We will not refuse to renew such coverage f. If we have made a written offer to the first solely because the first Named Insured has Named Insured, in accordance with the cancelled or did not renew a g policy, issued timeframes shown in Paragraph CA., to p renew the policy under changed terms or by the California Earthquake Authority that conditions or at an increased premium rate, when the increase exceeds 25%. i® IL 02 70 09 07 Copyright, ISO Properties,Inc.,2006 Page 3 of 3 CERT NO.: 12931161 CLIENT CODE: PARKC Isela Carrillo 4/25/2012 12:05:22 PM Page 8 of 8 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov office of the City Clerk e Joan L. Flynn, City Clerk May 10, 2012 Parking Concepts, Inc. Attn: Rich Rogers 12 Mauchly, Building I Irvine, CA 92618 Dear Mr. Rogers: Enclosed for your records is a copy of "Shuttle Services Agreement" to provide shuttle services for the 2012 Surf City Downtown Shuttle Program. Sincerely, ranFlynn, C M C City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand