AGENDA REPORT
Meeting Date: March 21, 2023
Item No.:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Genevieve Row, Parking Services Manager
Subject: AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKING FACILITIES;
AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE
AMOUNT OF $582,288.99 FOR FISCAL YEAR 2022/23 FOR A
TOTAL AMOUNT NOT-TO-EXCEED $1,512,125.99; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$135,966 FOR FISCAL YEAR 2023/24 FOR A NOT-TO-EXCEED
AMOUNT OF $1,648,091.99
Attachments: 1. Amendment No. 6
2. Agreement 238-13, Amendments 1 through 5
RECOMMENDATION
Staff recommends City Council move to approve Amendment No. 6 to Agreement No. 544 between the City of Beverly Hills and Parking Concepts, Inc. for the operation of certain parking facilities, approval of a change purchase order for Fiscal Year 2022/23 in the amount of $582,288.99, and approval of a Fiscal Year 2023/24 purchase order in the amount of $135,966.00 for work through July 31, 2023, for a total not to exceed $1,648,091.99.
INTRODUCTION
The City owns nineteen parking structures providing approximately 6,400 parking spaces for businesses, residents, employees and visitors throughout the City. Parking Concepts, Inc. (PCI), is the parking operator that manages operations in the City’s parking garages (241/242 N. Cañon/N. Beverly Drive, 450 N. Crescent Drive, and 9333 W. 3rd Street) and performs invoicing, collection, and accounting for monthly contract parking at all nineteen City-owned parking garages.
BEVERLY
HILLS
-�
E-7
Meeting Date: March 21, 2023
DISCUSSION
Following a competitive selection process, the City entered into an agreement with PCI for parking operations in July 2013. The agreement has been amended periodically to extend the duration of the agreement or, in the case of Amendment No. 4, to add certain provisions related to COVID-19 health orders.
The proposed Amendment No. 6 will allow PCI to continue performing services through July 31, 2023.
Given the length of time since the original contract was awarded, a competitive selection process was initiated in late 2022 and final negotiations are underway. Staff anticipates presenting the recommendation to award a new contract for parking operations in June 2023.
FISCAL IMPACT
Funding for the proposed change purchase order and approval of proposed purchase orders are available in the approved budget for Parking Operations.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
-1-
B0785-0001\2786993v3.doc
AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
NAME OF OPERATOR: Parking Concepts, Inc.
RESPONSIBLE PRINCIPAL Robert Hindle, Vice President
OF OPERATOR:
OPERATOR'S ADDRESS: Parking Concepts, Inc.
1801 South Georgia Street
Los Angeles, CA 90015
Attention: Robert Hindle, Vice President
OPERATOR’S E.I.N./TAX I.D. NO.: 95-2909899
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 1, 2013
TERMINATION DATE: October 31, 2016 (original termination date) October 31, 2017 (as extended pursuant to
Section 2 by letter dated December 21, 2016)
October 31, 2018 (as extended pursuant to
Section 2 by letter dated October 13, 2017)
October 31, 2019 (amended pursuant to Amendment
No. 2)
October 31, 2020 (as extended pursuant to
Section 2 by letter dated January 31, 2019)
October 31, 2021 (as extended pursuant to
Section 2 by letter dated March 20, 2020)
October 31, 2022 (as extended pursuant to
Section 2 by letter dated September 28, 2021), unless
extended pursuant to section 2 of the Agreement
January 29, 2023 (as extended pursuant to Section 2 by
letter dated September 13, 2022)
April 29, 2023 (as extended pursuant to Section 2 by
letter dated December 16, 2022)
July 31, 2023 (amended pursuant to this Amendment
No. 6)
DocuSign Envelope ID: C757FD3B-5173-4ED9-94F1-0FEA32A54ED9 -2-
B0785-0001\2786993v3.doc
CONSIDERATION: Original Agreement:
Fiscal Year (“FY”) 2013-2014: not to exceed $1,239,018
as more particularly described in Exhibit B-1
2014-15, 2015-16, 2016-17: not to exceed $1,239,018
per fiscal year plus any COLA and/or CPI adjustments
as set forth in Exhibit B-1;
Not to exceed $119,450 as more specifically described
in Section C (Other Expenses Directed by City — One
Time) of Exhibit B-1
Amendment No. 1:
FY 2015/2016 not to exceed $1,304,411 as more
particularly described in Exhibit B-1
FY 2016/2017 not to exceed $1,339,139 as more
particularly described in Exhibit B-1
Amendment No. 1: Total not to exceed $2,643,550
Amendment No. 2:
FY 2017/2018 not to exceed $1,406,096, as more
particularly described in Exhibit B-1
FY 2018/2019 not to exceed $1,532,645, as more
particularly described in Exhibit B-1
FY 2019/2020 not to exceed $766,322, as more
particularly described in Exhibit B-1
Amendment No. 2: Total not to exceed $3,705,063
Amendment No. 3:
FY 2019/2020 not to exceed $1,008,678, as more
particularly described in Exhibit B-1 (in addition to
$766,322 for FY 2019/2020 in Amendment No. 2), for a
total not to exceed amount of $1,775,000 for FY
2019/2020)
FY 2020/2021 not to exceed $1,834,110, as more
particularly described in Exhibit B-1
FY 2021/2022 not to exceed $1,859,675, as more
particularly described in Exhibit B-1
Amendment No. 3: Total not to exceed $5,468,785
Amendment No. 4:
No additional compensation
Amendment No. 5:
FY 2022/2023 not to exceed $929,837, as more
particularly described in Exhibit B-1
Amendment No. 6:
FY 2022/2023 not to exceed $1,512,125.99
FY 2023/2024 not to exceed $135,966.00, if extended
Grand Total Not to Exceed: $15,296,653.99
DocuSign Envelope ID: C757FD3B-5173-4ED9-94F1-0FEA32A54ED9 -3-
B0785-0001\2786993v3.doc
AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
This Amendment No. 6 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY") and Parking Concepts, Inc. (hereinafter called "OPERATOR") dated August 1, 2013 and identified as Contract No. 238-13, as amended by Amendment No. 1 dated August 18, 2015 and identified as Contract No. 434-15, as amended by Amendment No. 2 dated November 21, 2017 and identified as Contract No. 623-17, as amended by Amendment No. 3 dated December 7, 2019 and identified as Contract No. 668-19, as amended by Amendment No. 4 dated February 9, 2022 and identified as Contract No. 126-22, as amended by Amendment No. 5 dated August 2, 2022 and identified as Contract No. 499-22 (collectively, the “Agreement”), copies of which are on file in the City Clerk’s office.
RECITALS
A. CITY entered into a written agreement with OPERATOR to provide operation of certain parking facilities, which was previously amended.
B. CITY and OPERATOR desire to further amend the Agreement to extend the Termination Date, and increase the Consideration for the additional services as required by CITY.
NOW, THEREFORE, the parties agree as follows:
Section 1. The Termination Date shall be amended as set forth on cover page above.
Section 2. The Consideration shall be amended as set forth on the cover page.
DocuSign Envelope ID: C757FD3B-5173-4ED9-94F1-0FEA32A54ED9 -4-
B0785-0001\2786993v3.doc
Section 3. Except as specifically amended by this Amendment and previous amendments, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
__________________________(SEAL)
HUMA AHMED
City Clerk
OPERATOR: Parking Concepts, Inc.
ROBERT HINDLE
Vice President
GILL BARNETT
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ _______________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
[Signatures continue on following page]
DocuSign Envelope ID: C757FD3B-5173-4ED9-94F1-0FEA32A54ED9 -5-
B0785-0001\2786993v3.doc
_______________________________
SHANA E. EPSTEIN
Director of Public Works
DAREN GRILLEY
Assistant Director of Public Works/City Engineer
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: C757FD3B-5173-4ED9-94F1-0FEA32A54ED9 Certificate Of Completion
Envelope Id: C757FD3B51734ED994F10FEA32A54ED9 Status: Sent Subject: Complete with DocuSign: Parking Concepts, Inc. (238-13) Amendment No. 6 Source Envelope:
Document Pages: 5 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
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3/15/2023 2:22:55 PM
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Risk Manager
Sharon Dressel
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Shana E. Epstein
[email protected]
Director of Public Works
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Logan Phillippo
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Real Property Development Manager
City of Beverly Hills
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Attachment 2
AGREEMENT NO.
J Z�lt-13 J
AGREEMENT BETWEEN THE CITY OF BEYERL Y �IILLS
AND PARKJNG CONCEPTS, CNC. FOR TI-!E OPERATION OF
CERTACN PARKJNG FACILITIES
NAME OF OPERA TOR:
RESPONSIBLE PRINCIPAL
OF OPERA TOR:
OPERATOR'S ADDRESS:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMCNATlON DATE:
CONSIDERATION:
80735.0()() I \I S89476v3.doc
Parking Concepts, Inc.
Robert Hindle, Vice President
1801 South Georgia Street
Los Angeles, CA 90015
Attention: Robert Hindle, Vice President
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Chad Lynn, Director of Parking
Operations
August 1,2013
October 31, 2016, unless extended pursuant
to Section 2 of the Agreement
FY 2013-2014: not to exceed $1,239,018 as
more particularly described in Exhibit B-1
2014-2016: not to exceed $1,239,018 per
fiscal year plus any COLA and/or CPI
adjustments as set forth in Exhibit 8-1
Not to exceed $119,450 as more specifically
described in Section C (Other Expenses
Directed by City-One Time) of
Exhibit B-1
AGREEMENT BETWEEN THE CITY OF BEYERL Y lflLLS
AND PARKJNG CONCEPTS, INC. FOR THE MANAGEMENT
AND OPERATION OF CERTAIN PARKJNG FACILITIES
THJS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and Parking Concepts, lnc. (hereinafter called "OPERA TOR").
RECITALS
A. CITY desires to have certain Services provided (the "Services") as set forth in Exhibit A, attached hereto and incorporated herein.
B. OPERA TOR represents that it is qualified and able to perform the Services.
NOW, THEREFORE, the parties agree as follows:
Section l. OPERATOR's Services. OPERATOR shall perform the Services described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
Section 2. Time of Performance. OPERA TOR shall perform the Services on or by the Termination Date set forth above. The City Manager or his designee may extend the time of performance in writing for three additional one-year periods pursuant to the same terms and conditions of the Agreement, upon written notice to OPERA TOR thirty (30) days prior to the expiration of the current term.
Section 3. Comoensation. CITY agrees to compensate OPERA TOR, and OPERA TOR agrees to accept in full satisfaction for the Services required by this Agreement the Consideration set forth above and more particularly described in Exhibit 8-1, attached hereto and incorporated herein. Said Consideration shall constitute reimbursement of OPERA TO R's fee for the Services as well as the actual cost of any equipment, materials, and supplies necessary to provide the Services (including aJI labor, materials, delivery, tax, assembly, and installation, as applicable). CITY shall pay OPERA TOR said Consideration in accordance with the schedule of payment set forth in Exhibit 8-2, attached hereto and incorporated herein.
Section 4. Independent Contractor. OPERA TOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of OPERATOR or any of OPERATOR's employees, except as herein set forth. OPERATOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 5. Assignment. OPERATOR shall not assign or attempt to assign any portion of this Agreement without the prior written approval of CITY. -2-
80785-000 I\ l S89476v3.doc
Section 6. Responsible Principal(s)
(a) OPERATOR's Responsible Principal set forth above shall be principally responsible for OPERA TO R's obligations under this Agreement and shall serve as principal liaison between CITY and OPERA TOR. Designation of another Responsible by OPERA TOR shall not be made without prior written consent of CITY. (b) CITY's Responsible Principal shaU be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 7. Personnel. OPERATOR represents that it has, or shall secure at its own expense, all personnel required to perform OPERATOR's Services under this Agreement.
All personnel engaged in the work shall be qualified to perform such Services.
Section 8. Interests of OPERA TOR. OPERA TOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with OPERA TOR.
Section 9. Bonds. OPERATOR shall obtain and provide the following bonds during the term of this Agreement which shall be executed by an admitted surety insurer which has been given a B+;VII or higher rating by the most recent edition of Best's Insurance Guide and which is authorized to issue bonds in the State of California through an authorized agent with an office in California.
(a) Fidelitv Bond. A blanket fidelity bond or comparable honesty bond or crime coverage, in a form satisfactory to the City Attorney, protecting CITY against financial loss caused by any dishonest act of OPERA TOR or OPERA TO R's employees. The bond shall have a minimum limit of $10,000 and CITY shall be named as a Joss payee. (b) Performance Bond. A faithful performance bond, in a form satisfactory to the City Attorney, covering faithful performance of the Agreement and payment of obligations arising thereunder in the amount of $1,300,000.
(c) Payment Bond. A payment bond, in a form satisfactory to the City Attorney, in the amount of$1,300,000.
Section 10. Insurance.
(a) OPERA TOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by OPERA TOR.
(b) OPERATOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One -3-
8078S-OOOl\l S894 76v3.doc
Million Dollars($ I ,000,000) per occurrence combined single limit, covering any vehicle utilized by OPERA TOR in performing the Services required by this Agreement. (c) OPERATOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Garage Keepers Legal Liability with a limit of not less than S 1,000,0000 (One Million Dollars) per occurrence. If the insurance includes a general aggregate limit, that limit shall apply separately to this contract or it shall be at least twice the required per occurrence limit.
(d) OPERA TOR agrees to maintain in force at all times during the performance of work under this Agreement workers' compensation insurance as required by law. (e) OPERATOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating ofat least a B+;VIJ in the latest edition of Best's Insurance Guide.
(g) OPERA TOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at OPERATOR'S expense, the premium thereon.
(h) At all times during the term of this Agreement, OPERA TOR shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. OPERA TOR shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The policies of General Liability, Vehicle Liability and Garage Legal Liability insurance required by this Agreement shall contain an endorsement naming CITY as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.
(i) The insurance provided by OPERA TOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
G) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, OPERATOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or OPERA TOR shall procure a bond guaranteeing payment of losses and expenses.
Section 11. Indemnification. OPERA TOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees -4-
B078S.QOO I\ I S894 76vl.doc
and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of OPERATOR or any person employed by OPERA TOR in the performance of this Agreement.
Section 12. Termination.
(a) CITY may cancel this Agreement at any time upon at least five (5) days written notice to OPERA TOR. OPERA TOR agrees to cease all work under this Agreement on or before the effective date of such notice.
(b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by OPERA TOR, OPERA TOR shall be paid full compensation for all Services performed by OPERA TOR, in an amount to be determined as follows: For work done in accordance with all of the terms and provisions of this Agreement, OPERA TOR shall be paid an amount equal to the amount of Services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid OPERA TOR for the full performance of the Services required by this Agreement.
Section 13. CITY's Responsibility. CITY shall provide OPERA TOR with all pertinent data, documents, and other requested information as is available for the proper performance of OPERA TOR 's Services.
Section 14. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by OPERA TOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 15. License and Permits. OPERATOR shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Such permits shall not be subject to reimbursement.
Section 16. Changes in the Scope of Work. CITY shall have the right to order, in writing, changes in the scope of work or the Services to be performed. Any changes in the scope of work requested by OPERATOR must be made in writing and approved by both parties.
Section 17. Notice. Any notice required to be given to OPERA TOR shall be deemed duly and properly given upon delivery, if sent to OPERA TOR postage prepaid to OPERA TOR 's address set forth above or personally delivered to OPERA TOR at such address or other address specified to CITY in writing by OPERA TOR.
Any notice required to be given to CITY shall be deemed duly and properly given upon delivery, if sent to CITY postage prepaid to CITY's address set forth above or personally delivered to CITY at such address or other address specified to OPERATOR in writing by CITY.
Section 18. Attorney's Fees. ln the event of litigation between the parties arising out of or connected with this Agreement, the prevailing party in such litigation shall be -5-
80785-000 I \I 5894 76v).doc
entitled to recover, in addition to any other amounts, reasonable attorney's fees and costs of such litigation.
Section 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and OPERA TOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and OPERA TOR.
Section 20. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 21. Sevcrability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
California.
EXECUTED the z...l day of _ _,,:Jj_.,.1J\1\4---- 2013, at Beverly Hills, A.MIRJSCH
ay of the City of Beverly Hills,
'fi rnia
-6-
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PARKING CONCEPTS, INC.
ROBERT
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HINDL
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Secretary
APPROVED AS TO /ORM
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City Attorney
80785-0001\1 S89476v3.doc
-8-
ENT:
•
I ALUZRI
As s ant City Manager/Acting Director of
Pub c Works & Transportation
Director of Administrative Services/CFO
IRKMAN
Risk Manager
Exhibit A
Scope of Services
Pursuant to the terms and conditions outlined in this Agreement, OPERA TOR shall perform the following accounting and administrative duties with respect to all parking garages managed by the City (19 in total):
• Invoicing, collection and reporting of all revenue generated from monthly contract parking (for all parking garages operated by the City). o Note: OPERATOR shall use its current Accounts Receivable ("AI/R'') system for invoicing and reconciliation. During the Term of the Agreement, CITY reserves the right to purchase an AIR system; moreover, once purchased and implemented, OPERATOR agrees to utilize CITY owned system.
In addition, OPERATOR shall assume primary and complete responsibility for all aspects of the daily operation of certain CITY-operated off-street parking garages (the "Facilities") itemized below that are currently owned by the City Parking Authority (the "Authority") or CITY, and managed by CITY:
• Public Gardens Garage at the Montage Hotel (241 N. Cannon Drive/240 N. Beverly Drive:
• 450 N. Crescent Drive
• 9333 W. 3rd Street (Pay-on-Foot Revenue Collection Only); Additionally, OPERATOR shall be responsible for the following:
• 438 N. Beverly Drive/439 N. Canon Drive
o (Valet Services: Thursday, Friday, Saturday 9:00 AM until 5:00 PM or as directed by CITY, labor only; no revenue collection responsibilities); • Wallis Annenberg Center for the Performing Arts
o Valet Services on a per event basis
• Additional personnel for business needs as directed by CITY.
The scope of work shall consist of all aspects of operating the Facilities, including, but not limited to, maintenance, revenue collection and control, and staffing.
OPERA TOR shall operate and maintain the Facilities in a manner consistent with that of a FirstClass parking operation (e.g. one which upholds quality standards similar to a premium hotel in a major metropolitan market).
EXHIBIT A
80785-0001\I589476v3.doc
Parking Rates and Hours of Operation. The maximum permissible rates charged at the Facilities are determined by the City Council or Parking Authority Board of Directors, and all rates are published in the annual schedule of fees and charges. Current facility information and rates are shown below:
Facility/Job DescripUon Hours of Operation Rates Capacity $0.00 first hour
Public Gardens Garage at the
$0.00 second hour
$3.00 per half-hour Montage Hotel 2417 $5.00 after 6PM Total: 1.164 Structure (SelWalet) Dally Max. 522.00 Pay-on.foot Event: S8.00 Month"': $110.00
$1.00 first hour
Monday-Saturday 7:00AM -t 1:00PM $1.00 second hour
450 N. Crescent S3.00 per half-hour
St11.1cture (Setwalet) Closed Sundays (Hours are subject to $6.00 Early Bird Total: 451 Pay-on-Foot change with the opening of the S5.00 al'ter 6PM Annenberg Center) $22.00 Daily Max. $75.00 Month"'
St.OOfirsthour
9333 W. Third Street St .00 second hour
Structure (Sett Park) 2417 $1.00 per half-hour Total: 549 $5.00 after 6PM Fleet: 187 Pay-on-Fool Dally Max. $10.00 Month'": $65.00
Collection, Invoicing and
reporting of all monthly
AU Locations parking revenue NIA
generated.
438 N. Beverly Orive/"439 N.
Thursday, Friday, Saturday Valet Services: No
9:00 AM until 5:00 PM (Hours subject to revenue collection NIA Cannon Drive cnanee al CITY's discretion\ te"""Onsibilities
Annenberg Theatre for the As required Valet Services NIA Perform""' Arts Monthly Parking. The Facilities are operated as public parking locations with the primary focus being on short-term transient parking for businesses located in the general vicinity of the Facilities. Monthly parking is permitted to the extent that transient parking is not negatively impacted. CITY shall authorize the approved number of monthly parking permits and the rate, as set forth in the Schedule of Fees and Charges.
OPERA TOR 's responsibilities shall include the collection, invoicing, deposit, reconciliation and reporting of monthly parking revenues for all CITY Facilities; currently (19) locations in total. Additional locations may be added as necessary by CITY.
Staffing Requirements· OPERATOR shall provide CITY with staffing schedules for each of the Facilities listed in the table above. Staff schedules shall clearly define the number of employees and corresponding work schedules. OPERA TOR shall ensure that all new employees undergo pre-employment criminal background and Department of Motor Vehicles checks prior to commencement of employment.
CITY reserves the right to participate in the selection and removal of personnel, and will require OPERA TOR to provide additional personnel or modify its operating procedures at the sole discretion of CITY.
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In addition to the staffing required for the daily operation of the Public Gardens at the Montage Hotel and 450 N. Crescent Facilities, monthly invoicing, collection and reporting, and the collection of the pay-on-foot device at 9333 W. Third Street, OPERA TOR shall also provide staITto perform valet Services on Thursday, Friday and Saturday (9:00 AM until 5:00 PM) at 438 N. Beverly/439 N. Canon (or as directed by CITY), and valet Services on an as needed basis for the Wallis Annenberg Center for the Performing Arts ("Annenberg") valet parking operation. The dates and times OPERA TOR provides valet service for the Annenberg will be determined based upon weekly coordination meetings between OPERA TOR and Annenberg representatives.
All work performed with regard to the 438 N. Beverly/439 N. Canon and Annenberg valet Services shall be reimbursed by CITY for the expenses incurred. OPERA TOR shall invoice CITY for each hour of service provided at the agreed rates set forth in Exhibit B-1, which will include OPERA TO R's overhead and profit and the cost of all required insurances including Worker's Compensation.
When directed by CITY, OPERATOR shall provide additional labor to handle business needs (i.e. valet assist or stacked parking during the holiday season, special events, park..ing for private parties accommodated in a structure, added staff at another facility, etc.) and shall receive compensation from CITY for OPERATOR's personnel for the personnel costs set forth in Exhibit B-1.
A. Job Descriptions. The following are job descriptions of key OPERA TOR personnel:
1. General Manager. OPERATOR will name a General Manager ("GM") who has responsibility for all activities at the Facilities. GM will work cooperatively with CITY and all relevant stakeholders. GM shall maintain a highly visible presence within the Facilities, including on selected weekends and during periods of heightened activity. GM is responsible for overseeing all aspects of the parking operations including, but not limited to:
a. Daily revenue collection and deposits;
b. Supervising, planning, and scheduling employee duties; c. Hiring and dismissing employees;
d. Evaluating employee performance;
e. Counseling and disciplining employees;
f. Investigating and responding to customer complaints; g. Resolving conflicts;
h. Overseeing the operation of the revenue control equipment. t. Overseeing the removal of cash from the Facilities and ensuring that each of the Facilities is adequately staffed at all times. Recommending operational enhancements and providing revenue forecasts for proposed parking rate adjustments to CITY, and ensuring that all problems within the Facilities are addressed and corrected.
2. If OPERA TOR finds it necessary to replace the GM following commencement of this Agreement, the Department of Public Works and Transportation- ("DPWT'') Parking -3-
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Division staff shall participate in and have the right to approve or reject the selection of a replacement GM.
3. Parking Manager. The Parking Manager (the "PM") shall support the GM in all aspects or parking facility operations for the parking facility they are assigned to manage. Duties include but are not be limited to overseeing the administration of the parking office, developing procedures, processing paperwork, planning work schedules, reviewing and approving documents, monitoring employee performance, counseling employees, coordinating employee work activities, counting money, investigating revenue discrepancies, auditing employee and customer use of monthly key cards, ensuring that revenues collected are accurately recorded and properly secured, coordinating bank deposits, reviewing and preparing parking revenue reports, conducting parking facility inspections, responding to customer concerns and complaints and ensuring that their assigned facility is sufficiently staffed at all times. PM shall also conduct routine inspections of the parking facility on a daily basis. Daily inspections shall be documented in the form of a checklist or log and will be available to CITY staff upon request. Inspections shall include but not be limited to maintenance, cleanliness, safety hazards, public safety, proper functioning of revenue control equipment, attendant performance and cash and accounting audits.
4. Customer Service Ambassador (Temporary Position at the direction of CITY) CITY is known world-wide as a destination synonymous with luxury and impeccable service.
When visitors come to CITY they expect to be greeted by a friendly face that will go the extra mile to assist every need they may have. The Customer Service Ambassador (the "CSA") is a temporary position that is responsible for supporting the GM and PM in all aspects of customer service for the parking facility they are assigned. Duties include, but are not limited to, handling customer inquiries and complaints, assisting customers with the payment of parking fees at the automatic payment machines, completing incident reports and acting as an ambassador for the parking facility.
5. Maintenance Attendant - The Maintenance Attendant (the "MA") will clean and maintain the Facility on a daily basis. The MA responsibilities include, but are not be limited to daily sweeping garage parking levels, including the entrance and exit ramps, picking up trash and debris, sweeping, policing and mopping the garage stairwells, cleaning and maintaining the area immediately surrounding the elevator vestibules, escalator core, and parking office, emptying waste baskets, cleaning and emptying ashtrays, touch-up painting, directing traffic and periodic placement and removal of directional sign stands and rubber traffic cones (weighing up to 25 pounds). This MA may interact with the public at times, by directing traffic and answering questions
8. Operations.
I. Employee Training and Development - OPERA TOR has reviewed the Beverly Hills An,bassador Program, and shall provide a formal training program for all new hires to develop their skills and abilities for achieving quality work performance consistent with the Beverly Hills Ambassador Program. The program shall involve classroom and field instruction, encourage employee participation and include, but not be limited to, cashier -4-
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training, reporting procedures, maintenance and safety standards and inspections, ticket transactions, professional conduct, customer service and effective communication techniques, dispute handling, emergency, and safety procedures and security measures.
OPERA TOR shall provide refresher training courses to existing employees every six months.
2. Employee Quality of Service - OPERA TOR shall maintain the highest degree and standards of courtesy on the part of its employees. Employees shall perfonn assigned duties in an orderly and professional manner. Employees shall be able to communicate effectively in English, be respectful of others and not engage in profanity, unsafe or illegal behavior or speaking languages other than English while on duty.
3. Uniforms and Appearance- OPERATOR shall furnish all employees with unifonns acceptable lo CITY consisting of a jacket, shirt, and full-length pants. Employees shall be attired in clean uniforms bearing the CITY stating: "as Operated by Parking Concepts, Inc.", and be well-groomed at all times while on duty. Employees will wear name tags to clearly identify themselves to the public and CITY staff.
4. Required Equipment. Prior to the commencement of parking operations, the OPERA TOR shall purchase certain equipment and supplies required to operate the Facilities in a manner consistent with that of a First-Class operation, as detailed below.
5. Parking Management Office. The Facilities each contain a Parking Management Office. OPERA TOR will outfit each office with resources that include but are not limited to the following: furniture, personal computers, printers, telephones, safe(s), facsimile machine, photocopy machine, time clock and any other equipment or materials necessary to effectively administer the operation of the Facilities. Equipment shall be the responsibility and property of OPERA TOR.
6. Telecommunications Equipment. OPERATOR shall be responsible for the provision of at least one business telephone for the Parking Management Office, and for telecommunication Services for the Facilities, the cost of which shall be considered an operating expense; however, long distance telephone charges will not be reimbursed by CITY. All teleconununication equipment shall be operational during regular hours of operation and remain as property of CITY upon termination of this Agreement.
OPERATOR is required to obtain two-way radios or similar devices to facilitate communications between managers, supervisors, and parking staff. Costs associated with the two-way radios are considered an operating expense. Radios will remain the property of CITY upon termination of the Agreement.
If some offices are already equipped with two-way radios owned by CITY, such items will be inventoried, utilized by OPERA TOR and remain the property of CITY upon termination of the Agreement.
7. Elevator and Escalator Core. Regular pedestrian ingress and egress to the Facilities is through either an elevator or escalator core with landings on each floor of the individual Facilities and/or retail areas. Maintenance and repair of the escalators, elevators, light -5-
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fixtures and art work within the elevator lobbies and escalator landing areas shall be provided by Cl TY and therefore, shall not be included in OPERA TOR 's scope of Services. OPERA TOR shall notify ClTY whenever problems, unusual circumstances or outages occur at any of the Facilities.
8. Security Services. OPERA TOR is not responsible for providing security Services or to engage a qualified third-party firm for such Services. However, OPERA TOR shall maintain a presence at each parking facility, and notify ClTY whenever problems or unusual circumstances occur regarding security and/or security equipment at any of the Facilities.
B. Maintenance Services. OPERATOR shall maintain the Facilities in good order, condition and repair consistent with that of a First-Class parking operation.
Responsibilities shall include, but will not be limited to, the following:
I. Cleaning. OPERA TOR shall remove all papers, debris, refuse and surface waters and thoroughly sweep paved areas on a daily basis. Stairwells shall be swept and cleaned on a daily basis. No garbage or trash shall be permitted to accumulate, except in covered containers of a type approved by CITY. OPERA TOR shall provide for regular trash collection Services so as to maintain a clean and safe environment within the garage.
Trash receptacles shall be cleaned and oil and grease deposits shall be removed from the parking surface, as needed.
2. Power Sweeping. Power sweeping shall be performed at the direction of C[TY, and OPERA TOR shall be reimbursed for any direct expenses incurred.
3. Steam Cleaning. Steam cleaning shall be performed at the direction of CITY, and OPERA TOR shall be reimbursed by CITY for any direct expenses incurred for this action.
4. Entrance/Exit Plaza. OPERA TOR shall maintain, repair, and replace parking area entrance, ex.it and directional signs, markers and lights required for safety. OPERA TOR will periodically paint curbs within the Facilities to maintain a clean appearance. All work described shall be subject to the approval of CITY, and will be reimbursed for the direct expenses incurred before installation.
5. Lighting. CITY shall clean lighting fixtures, re-lamp and re-ballast on an as needed basis. Facilities will remain lighted for security purposes seven days per week, 365-days per year, and lighting shall be uniformly distributed throughout the Facilities.
OPERA TOR shall notify CITY whenever problems, unusual circumstances or outages occur at any of the Facilities.
6. Graffiti Removal. CITY shall remove graffiti from the Facilities and paint and/or touch up garage surfaces and fixtures, as necessary. OPERA TOR shall notify CITY whenever problems or unusual circumstances occur at any of the Facilities. -6-
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7. Fire Alarm Monitoring. CITY shall maintain and oversee the operation of the fire alarm system within each individual Facility (if applicable). OPERA TOR shall notify CITY whenever problems or unusual circumstances occur at any of the Facilities.
8. Exhaust Maintenance. OPERA TOR shall maintain and oversee the operation of the exhaust system within each parking facility (if applicable). All work performed wilJ be reimbursed for the direct expenses incurred.
9. Other Services. CITY reserves the right to request OPERA TOR to perform other Services in special circumstances; the initial cost of which shall be assumed by OPERA TOR. The direct expenses incurred for these Services shall be reimbursed during the month incurred upon presentation of substantiating invoices and prior written approval by CITY to perform said Services, at an agreed-upon price. Such Services may include but will not be limited to the purchase of equipment and supplies, installation of materials and equipment and performance of special maintenance activities in connection with the Facilities.
I 0. Parking Access and Revenue Control System ("PARCS"). OPERA TOR shall oversee the operation of the PARCS daily and also work closely with CITY and their parking equipment service provider Sentry Control Systems (the •• Contractor"), to ensure the PARCS are fully operational. OPERATOR shall monitor the service and repair of the equipment, including recording the removal of equipment and/or parts and maintaining an accurate spare parts inventory.
OPERATOR and its personnel shall be trained in the proper use of the PARCS and related software, and maintain the ability to generate comprehensive reports including the following, and any other reports requested by CITY:
• Daily event log;
• Shift reports;
• POF reports;
• Transaction reports;
• Credit card reports;
• Exception reports;
• Validation reports;
• Outstanding ticket reports;
• Daily and monthly summary reports;
• Activity and use report.
CITY shall have access to the parking equipment at all times and will enter into a maintenance service agreement with Contractor for preventative maintenance and emergency service. All work performed with regard to the preventive maintenance agreement shall be reimbursed for the direct expenses incurred. OPERA TOR shall be financially responsible for any damages that occur to the equipment due to OPERA TOR negligence.
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11. Signage. OPERA TOR shall clean, maintain, re-lamp and repair all existing signs in the Facilities, including parking rate signs, directional and other signage related to parking functions. OPERA TOR wilJ not be responsible for directional signage pertaining to the elevator and escalator core, pedestrian only landing areas and elevator lobbies.
OPERA TOR may be required to provide additional signage in the Facilities from time to time, at CITY's expense, subject to the approval of CITY before installation. All work will be performed at the direction of CITY and will be reimbursed for the direct expenses incurred.
C. General Requirements. OPERATOR shall abide by the stated general requirements throughout the term of the Agreement. General requirements include but will not be limited to the following:
I. Operations Office. A central office and records retention area shall be provided by CITY (if not available within the Facilities). OPERA TOR shall maintain 24-hour telephone service for emergency contact. Emergency contact information shall be available to the DPWT - Parking Division. OPERA TOR shall answer the emergency number at all times, respond to any call within 30 minutes and notify DPWT - Parking Division if and when the Emergency number is changed.
2. Reserved Spaces. No spaces shall be reserved for certain patrons or businesses without prior written approval by CITY.
3. Restriction on Use. OPERATOR, in its operation of the Facilities, shall be subject to all orders, directions or conditions issued by CITY and all Federal, State, and Municipal Laws, Regulations and Codes. Other uses, including but not limited to the storage of vehicles, film permit related usage, public and private events and retail or wholesale commercial activities are permissible only with a written request to and advance written approval by CITY.
4. Improvements and Alterations. No improvements, structures, facilities, alterations or additions shall be made to or upon a parking facility by OPERATOR without the prior written consent of the DPWT - Parking Division.
5. Non-Parking Revenues. OPERA TOR shall not enter into any agreements concerning non-parking uses of the Facilities without the prior written consent of the DPWT - Parking Division. Non-parking uses shall include but will not be limited to product promotions, commercial advertising on CITY property or on ticket stock.
Revenue generated by such non-parking uses shall be identified and reported monthly as revenue from the Facilities.
D. Bank Deposits. The bank deposit requirements for the operation of the Facilities are described in this section. OPERA TOR shall abide by the stated requirements throughout the term of the Agreement. The requirements include but will not be limited to the following:
I. Revenue Collection. OPERA TOR shall implement revenue control procedures to account for parking fees collected, tickets issued, collected and lost. Daily reports and logs that contain the name of the parking personnel who open and close the POF devices, opening and closing ticket numbers and a list of overnight vehicles with amount due, -8-
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shall be maintained. OPERA TOR shall implement a secure system for collecting and moving cash from cashier areas or POF devices to the Facility's management office.
OPERA TOR shall ensure that all revenue is accurately counted and secured in a safe(s) and that security procedures are implemented that prevent theft or expose pilferage.
OPERA TOR's proposed methodology for Revenue Control, and Collection, shall be summarized in their submittal response to this RFP.
2. Bank Deposits. OPERATOR shall deposit daily, all gross revenues collected from the Facilities into CJTY's bank account. Deposits shall be made by the close of the next business day following the day on which revenue is collected.
OPERA TOR shall transmit a daily listing of deposits to the DPWT - Parking Division electronically or by facsimile each business day.
OPERA TOR shall be responsible for safekeeping parking revenue at all times, including overnight and on weekends, until revenue is deposited into CITY account.
OPERA TOR shall transport all revenue via a CITY-contracted armored transport carrier contracted at CITY's expense.
Gross revenue shaU include all revenue generated from the Facilities including but not limited to parking fees collected for daily transient parking, monthly parking permits, special events and any other revenue designated by the DPWT - Parking Division.
3. Delinquent Deposits. If OPERA TO R's deposit of gross revenue due to CITY is delinquent; not received by the close of the next business day following the day on which the revenue is collected, OPERA TOR shall be subject to monetary penalties in accordance with the following schedule:
a. If deposited within one to 30 calendar days after due date, a penalty ofup to five percent (5%) of the amount of the gross revenue due may be assessed by CITY. b. If deposits of gross revenue are delinquent for over 30 calendar days after the due date, a penalty ofup to ten percent (10%) of the amount of the gross revenue due may be assessed by CITY.
c. In either instance, CITY shall have the right to attach or garnish OPERATOR's Performance Bond to cover the delinquent amount due, plus any assessed late payment fees.
d. CITY retains the right to waive or reduce penalties assessed pursuant to this section at its reasonable discretion.
6. Petty Cash Account. OPERA TOR shall maintain a petty cash account to ensure timely deposits of all gross revenues into CITY bank account. The petty cash account shall also be used to cover all change or replenishment needed for the POF devices at the Facilities.
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E. Performance Criteria
1. Start-Up Penalties. OPERA TOR shall be required to commence operation of the Facilities on August 1, 2013. Should OPERATOR fail to commence operation of the Facilities in compliance with the stated commencement date, CITY reserves the right to assess OPERA TOR penalties in the amount of $15,000 per day.
2. Meetings. Meetings between OPERA TOR and responsible CITY representative(s) will be held at the direction of CITY at the DPWT Building, located at 345 Foothill Road, Beverly Hills, CA, 902 IO or at another mutually agreed upon site on an agreed upon date and time.
3. Complaint Log. OPERATOR shall resolve operational problems and/or patron complaints and accurately report complaints to CITY within twenty-four hours and provide follow up written report within ten days of an incident. OPERA TOR shall maintain a written log of all complaints and other unusual incidents that may occur from time to time. OPERA TOR shall note the location, date and time as well as the action taken or the reason for non-action. The complaint log shall be available for inspection by the DPWT - Parking Division staff at all times.
4. Reporting Requirements. OPERA TOR shall submit the following monthly reports, as deemed necessary by CITY:
1. Monthly Operations Summary. A Summary of Operations report shall be turned in no later than the fifteenth of each month for the reporting period. Report shall include, but not be limited to, parking utilization by the parking facility, tickets issued by the parking facility, permitted non-parking uses by the parking facility, validated tickets by parking facility and other noteworthy actions not specifically covered in otber reports. Reports shall be submitted to the DPWT - Parking Division.
11. Incident Notification. Incidents involving fire and/or law enforcement authorities or reports of personal injury resulting from incident(s) in the Facilities shall be reported to the DPWT - Parking Division immediately, followed by a written incident report submitted within seven calendar days of the incident. 111. Statement on Auditing Standards No. 70. At the direction of CITY, OPERA TOR shall engage an independent CPA to examine and report on controls and obtain an objective evaluation of the effectiveness of controls that address operations, compliance and financial reporting.
5. Approved Use of the Facilities. OPERA TOR shall imtnediately advise the DPWT - Parking Division of the nature of any requests for use of the Facilities other than for regular fee parking. Any such use shall be approved subject to the prior written approval of CITY.
6. OPERATOR's Books and Records/Audits and Inspections. CITY staff will meet with OPERA TOR to review record keeping methodologies necessary to ensure adequate reporting to CITY.
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At any time during normal business hours and as often as CITY deems necessary, OPERA TOR shall make available to CITY for examination, all books, ledgers, journals and accounting records that reflect receipts derived from the operation of the Facilities as well as accounting records that pertain to expenditures relative to the operation and maintenance of the Facilities.
CITY will retain the authority to audit, examine and make excerpts or transcripts from records, including but not limited to all contracts, invoices, materials, payroll and personnel records and other documents or statistical data relating to the operation of the Facilities.
The aforementioned records and all source documents including, but not limited to, tickets/ticket stubs, receipt for monthly parking, logs, validation receipts, daily bank deposit slips, invoices of Services and other related records, shall be retained by OPERA TOR for a period of not less than (3) three-years, or until the examination of the source documents are completed and audit reports are finalized, whichever is later. ln the event OPERA TOR fails to provide CITY with the requested documents, including but not limited to books, ledgers, journals, accounting records or source documents during the examination and audit, OPERA TOR shall be fined a penalty of$ I 0,000.00 (Ten Thousand Dollars) for each audit or examination. CITY retains the right to waive or reduce such penalties or implement other remedies, at its reasonable discretion. CITY will also have the right to terminate the Agreement pursuant to Section 12 of the Agreement.
In the event CITY discovers unreported revenue during the examination and audit, OPERA TOR shall pay CITY the entire unreported amount and a penalty of $500.00 (Five Hundred Dollars) for each incident, plus 1 % (One Percent) accrued interest per month. An additional I% (One Percent) interest may apply until the requested unreported revenue is paid in full. This Agreement may also be terminated pursuant to Section 12 as a result of any unreported revenue.
CITY retains the right to dispatch auditors to the Facilities at any time. OPERA TOR will provide an adequate private working area for CITY auditor. Auditor shall have ready access to a photocopy and facsimile machine, and shall be allowed to interview any employee of OPERA TOR. Testing and sampling methods may be used in verifying reports submitted by OPERA TOR. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentages of error obtained from such testing and sampling to the entire period under examination, will be binding and admissible in court to prove any amount due CITY from OPERA TOR. This will not prevent OPERA TOR from producing actual records and figures in court to rebut the sampling methodology. CITY will then conduct an audit of all the records for the audit period. In the event the deficiency is determined to be 2% or more of the amount of revenue actually reported to CITY, OPERATOR shall pay for the entire cost of the audit.
7. Monthly Compensation Deductions
For the purposes of monthly compensation fee deductions, "Office Employee" is defined as any individuaJ performing duties as the General Manager, or Parking Manager. "Field Employee" is defined as any individual performing duties as a Customer Service - I 1-
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Ambassador, Maintenance or Valet Attendant. "Paperwork" is defined as any documents used by OPERA TOR at the direction of CITY to record daily business activities including but not limited to payroll records, incident reports, monthly revenue reports, fee collections, parking validations, over and under-rings, and bank deposits.
Upon review of the operation of the Facilities and required reports, CITY retains the right to deduct fees from OPERATOR's monthly compensation under any of the following conditions:
• $25.00 per day for each individual page of paperwork that OPERA TOR processes and fails to submit to CITY at the direction of CITY.
• $25.00 per day for each individual page of paperwork that OPERA TOR submits to CITY that is not properly corrected, missing required information or contains . . maccuracres.
• $50.00 for each instance that an Office Employee or Field Employee is absent from an assigned work area for reasons of abandonment or personal, non-emergency interest. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action.
• $50.00 for each instance that an Office Employee or Field Employee rudely interacts with a customer while performing his/her duties.
• $200.00 will be deducted for each day OPERA TOR fails to submit the required Monthly Summary of Operations report by the end of the business day on the due date.
• $200.00 for each instance that a Field Employee fails to adequately anticipate the need for open lanes by not scheduling off-peak period employee breaks, thereby resulting in excessive exiting delays for the general public. • $200.00 for each instance that a Field Employee engages in activity that detracts from a professional and alert stance while on duty (including, but not limited to drinking alcohol, sleeping, eating meals, maintaining lengthy personal conversations, or holding non-emergency telephone calls.) Drinking water, cold drinks and hot beverages is acceptable, but should not be consumed while assisting the traveling public. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action.
• $500.00 for each instance that an Office or Field Employee commits vandalism, deliberate disabling or defacing of property and equipment (including revenue control equipment) belonging to CITY. or commits any crime. In addition, OPERA TOR shall be required to return said damaged property to its original condition or better.
Such penalty will not preclude OPERA TOR from initiating employee disciplinary action or either entity reporting employee to the appropriate authorities. -12-
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• $500.00 for each instance that an Office or Field Employee commits theft of CITY revenues, CITY property or commits any other crime. Such penalty will not preclude OPERA TOR from initiating the employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance that an Office or Field Employee commits theft of property belonging to the parking public, OPERA TORs, visitors, or retail tenant employees, or commits a CITY criminal action. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance of improvements or additions is made in, to, or upon the Facilities by OPERATOR without receiving prior written authorization from CITY.
Furthermore, OPERA TOR or CITY shall return the Facilities to the original condition or bener, at OPERA TOR's expense.
Monthly compensation fee deductions do not preclude, minimize, or replace OPERATOR'S responsibility for ensuring appropriate corrective actions are taken when necessary. CITY retains the right to waive or reduce such penalties as assessed under Section E(7), or implement other remedies, at its reasonable discretion.
8. OPERA TOR Performance. CITY will conduct evaluations of OPERA TOR performance during the tenn of the Agreement. Evaluations wilJ be based on a number of criteria including the quality of work product, Services performed and timeliness of performance, financial data and expertise of personnel assigned to the Facilities. If OPERA TOR receives a "Marginal" or "Unsatisfactory" rating on an evaluation, OPERA TOR shall be allowed 14 calendar days to respond and cure. CITY will consider a Marginal or Unsatisfactory rating and OPERATOR's response and ability to cure, when evaluating future proposals from OPERA TOR when awarding other service contracts. -13-
EXHIBIT A
B078S-OOO l \J S89476vl.doc
Exhibit B-1
Consideration
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERATOR a fixed armual management fee that includes OPERATOR'S overhead and profit and rhe cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(l)ofthe Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City in an amount not to exceed $1,289 ,903.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCJTY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Wa es Hourlv Exnenses
General Mana er $ 36.06
Parkin Mana er $ 27.62
Guest Services Ambassador $ 15.87
Su ervisor $ 12.50
Attendants s 9.00
Maintenance $ 9.00
Clerical $ 12.00
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3%. Any such increase shall be approved in writing at the sole discretion of CITY.
EXHIBIT B· I
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Burden and Pavroll Ex enses
Year 1-3 Year 4-5
Pavroll Tax 13.9% •
Workers Cornn I 0. ?o/o •
Health/Welfare 13.7% 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in Attachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Total not to
Base Onerations Exnenscs Allowances exceed
Insurance PL PD, included in mana ement fee $ -
License & Permits s 1,814
Re airs and Maintenance s 6,600
Tele hone IIncludin Cellular Services) s 5,399
Materials and Su lies $ 2,637
Forms and Printin s 15,996
Audi tin s 2,592
Network Access s 1,440
Mana ement Fee s 66,813
TOTAL $103.291.00
-2-
EXHIBIT e-r
80785-000 I\ l 5894 76v).doe
C. Expenses Outside Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior to deployment:
Other Exnenses Directed bv the Citv- One-Time Total
Parkin Permit Mana ement Svstem s 65, 125
Valet Parkin Manaoement svstem s 24,850
Parkin Reservations Svstem s 29,475
TOTAL S 119,450
Other Ex enses Directed bv the C!!!- On-Goin Total
Wavfindin and Directional Siona e s 25,350
Steam Cleanin I Power Washin s 31,675
Snecial Event Labor $ 44,750
Parkin Permit Mana ement Svstem $ 21,550
Valet Parkin Mana ement svstem $ 11,625
Parkin Reservations Svstem $ 18,450
Swee in $ 24,275
Miscellaneous $ 40,000
TOTAL S 217,675
-3-
EXHIBITB·l
80785-000 I \I S89476v3.doc
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Exhibit B 2
Payment Method I Schedule of Payment
AU approved fees and expenses shall be reimbursed in the subsequent monlh for which they are incurred in accordance with Exhibit 8-1, after submittal of an invoice on a form acceptable to CITY. Each invoice shall be accompanied by supporting documentation in the form of a detail cost breakdown itemizing all labor and expenses and must contain a suf-ficient level of detail to clearly justify the compensation and reimbursement requested. CITY shall pay OPERA TOR for satisfactory Services in the amount of all undisputed billing for such Services within thirty (30) days of receipt of same.
OPERATOR's management fee shall be paid in twelve equal monthly installments to be invoiced with labor and expenses for the prior month
EXHIBIT 8-2
80715-000 I I l S89476vJ.OOC
EXHIBITC
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy{ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS c
It rs hereby understood and agreed that the Crty of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
•
COMPANY POU CY EXPIRATION 8.1. �IMIT� AGGREGATE
(A. B. C.) COVERAGE NUMBER DATE P.D.
DAUTOMOBILE LIABILITY
DGENERAL LIABILITY
OPRODUCTSJCOMPLETEO
OPERATIONS
OBLANKET CONTRACTUAL
OCONTRACTOR'S PROTECTIVE
OPERSONAL INJURY
OEXCESS LIABILITY
OWORKERS' COMPENSATION
0 . .
In the event of cancellation or matenal change in the above coverage, the company will give 30 days' written notice of cancellation or material change 10 the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or olher document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
AGENCY;
TITLE:
ADDRESS:
RM02.DOC REVISED 10/14/96.
EXHIBITC
80785-000 I I I 5&9476v3.doc
AMENDMENT NO. I TO AN AGREEMENT BET\VEEN THE
CITY OF BEVERLY HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAJN PARKING FACILITIES
AGREEMENT NO.
I "134-is I
NAME OF OPERA TOR:
RESPONSIBLE PRINCIPAL
OF OPERA TOR:
OPERATOR'S ADDRESS:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMINATION DATE:
CONSIDERATION:
8078.s-O'.lO I ,18406-I I,· I .doc
Parking Concepts, Inc.
Robert Hindle, Vice President
Parking Concepts, Inc.
1801 South Georgia Street
Los Angeles, CA 90015
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: George Chavez, Director of Public
Works
August I. 2013
October 31, 2016, unless extended pursuant to
Section 2 of the Agreement
Original Agree1nent:
FY 2013-2014: not to exceed $1.239,018 as more
particularly described in Exhibit B-1
2014-2016: not to exceed $1,239,018 per fiscal year
plus any COLA and/or CPI adjustments as set forth
in Exhibit 8-1; Not to exceed $119,450 as more
specifically described in Section C (Other Expenses
Directed by City - One Time) of Exhibit 8-1
An1endment No. I :
FY 2015/2016 not to exceed $1,304,4 l l as tnore
particularly described in Exhibit 8-1
FY 2016/2017 not to exceed $1,339, 139 as more
particularly described in Exhibit 8-1
Amendment No. 1 Total: not to exceed $2,643,550
AMENDMENT NO. I TO AN AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKING FACILITIES
This Amendment No. I is to that certain Agreement between the City or Beverly Hills (hereinafter called ''CITY"), and Parking Concepts, Inc. (hereinafter called "OPERA TOR") dated August 1, 2013 and identified as Contract No. 238-13 ("Agreement"), a copy of which is filed in the City Clerk's office.
RECITALS
A. CITY and OPERA TOR entered into a written agreement for the operation of certain parking facilities.
B. The State of California raised the minimum hourly wage effective July I, 2014 and another increase is scheduled for January 2016.
C. CITY and OPERA TOR desire to increase the Consideration of the Agreement to account for the increased minimum wage.
NOW, THEREFORE, the parties agree as follows:
Section I. The Consideration shall be amended as set forth on the cover page of this Agreement.
Section 2. Exhibit 8-1 shall be amended amended as attached hereto and incorporated herein.
Section 3. Except as specifically amended by this Amendment No. I, the remaining provisions of the Agreement shall remain in full force and effect. 2 EXECUTED the 1'5� day of_...cA""'""l';jl-'-u"'..,f"--- � 20 I�a, Beverly Hills, California.
' Mayo of the City of Beverly Hills.
Cali mia
�-(SEAL)
BY ON
City Cler
OPERATOR:
PARKING CONCEPTS, INC.
����·__.::'-x.' � �R�-= S)
ROBERT HINDLE
)
Vice President
L/L<
"GILL BARNETT
Secretary
AP
�
PROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
OCONTENT:
GEORGE CH
Director of Public Works Services
-3-
B078S-OOOl\1840641vl doc
80785--0001\1840641 vi.doc
Director of Administrative Services/CFO
EXHIBIT 8-1
Consideration
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERA TOR 's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without wrinen consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of Exhibit of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City as sci forth in this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERATOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and non· CITY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
wa es Heurtv Exuenses
General Manaaer $36.06
Parkin Mana er $27.62
Guest Services Ambassador S 16.87*
Bill in Administrator $13.00
Sunervisor $13.50
Attendants $10.00
Maintenance s I 0.00
*Suspended Position
Cosr of Living Adjustments (COLA) to the associated wages for Supervisor, Attendants, Maintenance and Billing Administrator may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3%. Alternatively, commencing January I, 2016, CITY may adjust the associated wages for Supervisor, Attendants, Maintenance and Billing Admiuistrutor on an annual basis based on I
EXHIBIT 8-1
00785-000 l\l 114064 l v I .doc
a premium ofno more than two dollars per hour. Any increases shall be approved in writing at CITY's sole discretion.
Burden and Payroll Expenses
Yearl-3 Year4-5
Payroll Tax 13.90% •
Workers' Comp 10. 70% •
Health/Welfare 13. 70% 15.12%
The associated burden and payroll expenses may be provided on an annual basis. based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in Attachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Base Operations Expenses Allowances
Insurance PL PD. included in management fee $ .
License & Permits $1,814
Repairs and Maintenance $6,600
Telephone (Including Cellular Services) $5,399
Materials and Supplies $2,637
Forms and Printing $15,996
Auditing $2,592
Network Access $1,440
Management Fee $66,813
TOTAL $103.291
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior to deployment:
Other Expenses Directed by the City - One-Time
Parking Permit Management System $65, 125
Valet Parking Management system $24,850
Parkine Reservations System $29,475
TOTAL SI 19,450
-2-
EXHIBIT B-1
B078S-OJOI\I 840641 vi .dce
Other Expenses Directed by the City - On- Going
Way finding and Directional Signage $25,350
Steam Cleaninn I Power Washing $31.675
Special Event Labor $44.750
Parkins Permit Man1!£_ement System $21.550
Valet Parking Manaeemem system $11.625
Parking Reservations System $18,450
Sweeping $24.275
Miscellaneous $40,000
TOTAL $217,675
.3.
EXHIBIT B-1
B078S-0001\1840641vl doc
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE
CITY OF BEYERL Y l·ITLLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKING FACILITIES
AGREEMENT NO.
I "'2:'3-17 I
NAME OF OPERA TOR:
RESPONSIBLE PRINCIPAL
OF OPERA TOR:
OPERA TOR'S ADDRESS:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMINATION DATE:
CONSIDERATION:
80785-0001 \21 J4370v I .doc
Parking Concepts, Inc.
Robert Hindle, Vice President
Parking Concepts. Inc.
I 80 I South Georgia Street
Los Angeles, CA 900 I 5
City of Beverly 1-lills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Shana Epstein. Director of Public Works
August I, 2013
October 31, 2019
Original Agreen1ent:
FY 2013-2014: not to exceed $1,239,018 as more
particularly described in Exhibit B-1
2014-2016: not to exceed $1.239,018 per fiscal year
plus any COLA and/or CPI adjustments as set forth
in Exhibit 8-1: Not to exceed $119,450 as more
specifically described in Section C (Other Expenses
Directed by City-One Time) of Exhibit B-1
Amend1nent No. I:
FY 2015/2016 not to exceed $1,304.411 as more
particularly described in Exhibit B-1
FY 2016/2017 not to exceed $1,339, 139 as more
particularly described in Exhibit 8-1
Amendment No. I: Total not to exceed $2,643,550
Amendment No. 2:
FY 20 I 7/2018 not to exceed $1,406,096, as more
particularly described in Exhibit B-1
FY 2018/2019 not to exceed $1,532,645, as more
particularly described in Exhibit B-1
FY 2019/2020 not to exceed $766,322. as more
particularly described in Exhibit 8-1
Amendment No. 2: Total not to exceed $3.705.063
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE
CITY OF BEYERL Y HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKING FACILITIES
This Amendment No. I is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Parking Concepts, Inc. (hereinafter calJed "OPERA TOR") dated August I. 2013 and identified as Contract No. 238-13, as amended by Amendment No. I dated August 18, 2015 and identified as Contract No. 434-15 (''Agreement"), copies of which are on file in the City Clerk's office.
RECITALS
A. CITY and OPERA TOR entered into a written agreement for the operation of certain parking facilities, which was previously amended.
8. The State of California has periodically raised the minimum hourly wage.
CITY and OPERA TOR desire to further amend the Agreement to increase the Consideration of the Agreement to account for the increased minimum wage and to extend the tennination date.
NOW. THEREFORE, the parties agree as follows:
Section I. The Termination Date shall be amended as set forth on the cover page of this Agreement.
Section 2. The Consideration shall be amended as set forth on the cover page of this Agreement.
Section 3. Exhibit B-1 shall be amended amended as attached hereto and incorporated herein.
2 Section 4. Except as specifically amended by this Amendment No. 2, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the 21•+ day of NoveM l,or
California.
, 201.1_, at Beverly Hills.
City Cle
CITY OF BEYERL Y HILLS,
A Mun· ipal Corporation
Lit OSSE
Mayor of the City of Beverly Hills.
California
OPERATOR:
PARKING CONCEPl:S. INC.
��
ROBERT 1-DNDLE
Vice President
Secretary
[Signatures continue]
.3.
80785-000 I \21343 70v I .dot:
APPROVED AS TO FORM:
J.e
LAURE
ir-4fl
NCE S. WIE�NER
City Attorney
Assistant Director of Public Works Services
RESSEL
Int rim Risk Manager
-4-
80785.0001 \2 I 34370v I .doc
EXHIBIT B-1
CONSIDERATION
I. Original Agreement:
For the management and operation of the Facilities as outlined in Exhibit A. CITY shall pay OPERATOR a fixed annual management fee that includes OPERATOR'S overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section £(7Jofthe Agreement. if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City in an amount not to exceed $1,289.903.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
ClTY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monlhly Compensation as described in section E(7) of Exhibit A and nonCJTY approved expenses may be applied if deemed appropriate by CITY.
A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Wa es Hourlv Ex coses
General Mana er $ 36.06
Parkin Manauer $ 27.62
Guest Services Ambassador $ 15.87
Sueervisor $ 12.50
Attendants $ 9.00
Maintenance $ 9.00
Clerical $ 12.00
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis, based on the Conswner Price Index (CPI) associated with CITY's Schedule of Fees and .5.
80785-0001\2134370v I .doc
Charges, not to exceed 3%. Any such increase shall be approved in writing at the sole discretion of CITY.
Burden and Pavroll Exnenses
Year 1-3 Year 4-5
Pavroll Tax 13.9o/o •
Workers Com I 0. 7o/o •
Health/Welfare 13.7% 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in Attachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Total not to
Base O erations Ex enses Allowances exceed
Insurance PL PD, included in mana ement fee $ -
License & Permits $ 1.814
Renairs and Maintenance $ 6,600
Te\enhone (lncludin Cellular Services) $ 5,399
Materials and Sunnlies $ 2,637
Forms and Printin $ 15,996
Audi tin $ 2,592
Network Access $ 1,440
Manauement Fee s 66,813
TOTAL $ I 03.291.00
-6-
B07SS-OOO 1\2134370\' I .doc
C. Expenses Outside Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require wriuen approval by CITY prior to deployment:
Other Ex enses Directed bv the Ci -One-Time Total
Parkin Permit Mana ement Svstem $ 65, 125
Valet Parkin Mana ement svstem $ 24,850
Parkin Reservations Svstem $ 29.475
TOTAL $ 119,450
Other Exncnscs Directed bv the Ci -On-Goin Total
Wavfindin and Directional Siuna e $ 25,350
Steam Cleanin I Power Washin $ 31,675
s cial Event Labor $ 44.750
Parking Permit Manaaement Svstem $ 21,550
Valet Parkin Manaaement svstern $ 11.625
Parkin Reservations Svsrem $ 18,450
Sweeoin $ 24,275
Miscellaneous $ 40,000
TOTAL $ 217,675
-7-
B07&S-0001 \2 I 34J70v I .dcc
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ATIACH"MENT I TO EXHIBIT B-1, P1ge 6
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80785-0001 \2 I 34370v I .doc
JI. Amendment No. I:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shaJI pay OPERATOR a fixed annual management fee that includes OPERA TOR's overhead and profit and the cost of all required insurances with Lhe exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shaJI not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions 10 monthly compensation may be applied pursuant to Section E(7)of Exhibit of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City as set forth in this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCITY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Wages Hourly Expenses
General Manager $36.06
Parking Manager $27.62
Guest Services Ambassador $16.87*
Billing Administrator $13.00
Supervisor $13.50
Attendants s I 0.00
Maintenance $ I 0.00
*Suspended Position
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90785.()()(l lU 1343 70v I .doc
Cost of Living Adjustments (COLA) to Lhe associated wages for Supervisor, Attendants, Maintenance and Billing Administrator may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CJTY's Schedule of fees and Charges, not to exceed 3%. Alternatively, commencing January 1, 2016, CITY may adjust the associated wages for Supervisor, Attendants, Maintenance and Billing Administrator on an annual basis based on the State of California and City of Los Angeles' Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in writing at CITY's sole discretion.
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
Burden and Payroll Expenses
Year 1-3 Year 4-5
Payroll Tax I 3.90o/o •
Workers' Comp 10.70% •
Health/Welfare 13.70% 15.12o/o
.
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set fonh in Attachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Base Operations Expenses Allowances
Insurance PL PD, included in management fee $ -
License & Permits $1,814
Re airs and Maintenance $6.600
Teleohone (lncludin Cellular Services) $5,399
Materials and Su I ies $2.637
Fonns and Printin $15,996
Audi tin $2,592
Network Access $1,440
Mana ement Fee $66,813
TOTAL $103.291
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80715-000 l\2 I 34370v I .OOC
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by C[TY prior to deployment:
Other Expenses Directed bv the City - One-Time
Parkin Permit Mana ement Svstem $65, 125
Valet Parking Management system $24,850
Parkin ... Reservations Svstem $29,475
TOTAL $119,450
Other Expenses Directed by the City - On- Going
Wav findin and Directional Siona e $25,350
Steam Cleanin I Power Weshine $31,675
�cial Event Labor $44.750
Parkil_!g_ Permit Man�ernent Svstem $2 I ,550
Valet Parkin Mana ement svstem $11,625
Parking Reservations System s I 8,450
Sweeping $24,275
Miscellaneous $40,000
TOTAL $217,675
m.Amendment No. 2:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERA TOR 's overhead and profit and Lhe cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of Lhe approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of Exhibit A of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including. Base Operations AJlowances (including the management fee) and Other Expenses Directed by CITY as set forth in Subsection Ill of this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item -I 6-
80785.()()()1 \213-4370¥ I .doc
set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCITY approved expenses may be applied if deemed appropriate by CITY.
B. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Wa cs Hourlv Ex enscs
General Manager $36.06-
$43.27
Parkin Mana_B.er $29.00
Guest Services Ambassador $16.87*
Billing Administrator $16.00
Suoervisor $16.50
Attendants $13.00
Maintenance $13.00
*To be approved by CITY
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annuaJ basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3% and shall automatically adjust to the State of California minimum wage requirement Alternatively. commencing July I. 20 I 7, CITY may adjust the associated wages on an annual basis based on the State of California and City of Los Angeles' Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in writing by the City Manager or his designee at CITY's sole discretion. Wages for Attendants and Maintenance shall automatically adjust to at least $1.00 above State and local minimum wage rates.
Burden and Pavroll Exnenses
Year 1-3 Year4-7
Payroll Tax 13.90% •
Workers' Comp 10.70% •
Health/\Velfare 13.70% 15.12%
The associated burden and payroll expenses may be provided on an annual basis. based on the Consumer Price Index (CPI) associated with the Federal and local regulations. Any such increase shall be approved in writing by the City Manager or his designee at the sole discretion of CITY.
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80715--0001 \2134370¥ I ,doc
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in
Attachment 1 to this Exhibit entitled City Base Operations Expenses Allowances.
Base Operations Expenses Allowances
Insurance PL PO. included in management fee $ -
License & Permits $1,814
Reoairs and Maintenance $6,600
Telephone (Including Cellular Services) $5.399
Materials and Suoolies $2,637
Fonns and Pnntinu $15,996
Auditin $2,592
Network Access $1.440
Mana ement Fee $66,813
TOTAL $103.291
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations sbalJ require prior written approval by the City Manager or his designee prior to deployment:
Other Expenses Directed by the City - One-Time
Parkina Permit Mana ement System $65, 125
Valet Parking Management system $24.850
Parkin Reservations System $29.475
TOTAL $119,450
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8078S.OOO 1\2134370v I .doc
Other Expenses Directed by the City - On- Going
Wav findinu and Directional Si naue $25.350
Stearn Cleaninu I Power Washinz $31.675
S ecial Event Labor $44.750
Parking Permit Manauernent Svstem $21.550
Valet Parkinu Manauement svsteru $11.625
Parkina Reservations System $18.450
Sweeping $24.275
Miscellaneous $40.000
TOTAL $217,675
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80785-000 l\2 l34370v I .doc
AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE
CITY OF BEYERL Y HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKING FACILITIES
AGREEMENT NO.
I "'"IS-I"} I
NAME OF OPERA TOR:
RESPONSIBLE PRINCIPAL
OF OPERA TOR:
OPERA TOR'S ADDRESS:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMINATION DATE:
CONS!DERA TION:
!30785-000 I \234 ! 488v7 .dcc
Parking Concepts, Inc.
Robert Hindle, Vice President
Parking Concepts, Inc.
1801 South Georgia Street
Los Angeles, CA 90015
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Shana Epstein, Director of Public Works
August I, 2013
October 31, 2016 (original tennination date)
October 31, 2017 (as extended pursuant to Section 2 by Jetter dated December 21, 2016)\
October 31, 2018 (as extended pursuant to Section 2 by letter dated October 13, 2017)
October 31, 2019 (amended pursuant to Amendment No. 2)
October 31, 2020 (as extended pursuant to Section 2 by letter dated January 31, 2019)
Original Agree1nent:
FY 2013-2014: not to exceed $1,239,018 as more particularly described in Exhibit 8-1
2014-2016: not to exceed S 1,239,018 per fiscal year plus any COLA and/or CPI adjustments as set fonh in Exhibit 8- I; Not to exceed $119,450 as more specifically described in Section C (Other Expenses Directed by City- One Time) of Exhibit 8-1
Amendment No. I:
FY 2015/2016 not to exceed $1,304,411 as more
panicularly described in Exhibit 8-1
FY 2016/2017 nor to exceed $1,339, 139 as mere
particularly described in Exhibit 8-1
Amendment No. I: Total not to exceed $2,643,550
. I .
80785-0001\lJJ I J88v7.d,x
Amendment No. 2:
FY 2017/2018 not to exceed $1,406,096, as more
particularly described in Exhibit 8-1
FY 2018/2019 not to exceed $ I ,532,645, as rnore
particularly described in Exhibit 8-1
FY 2019/2020 not to exceed $766,322, as more particularly described in Exhibit 8-1
Amendment No. 2: Total not to exceed $3,705,063
Amendment No. 3:
FY 2019/2020 not 10 exceed $1,008,678, as more
particularly described in Exhibit 8-1 (in addition to
$766,322 for FY 20 I 9/2020 in Amendment No. 2), for a
total not to exceed of$ I, 775,000 for FY 20 I 9/2020).
FY 2020/2021 not to exceed $1,834, I 10, as more
particularly described in Exhibit B-1.
FY 2021/2022 not to exceed $1,859,675, as more
particularly described in Exhibit B-1.
Amendment No. 3: Total not to exceed $5,468,785.
-2-
AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE
CITY OF BEYERL Y HILLS AND PARKING CONCEPTS, INC.
FOR THE OPERATION OF CERTAIN PARKlNG FACILITIES
This Amendment No. 3 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"). and Parking Concepts, Inc. (hereinafter called "OPERA TOR") dated August I, 2013 and identified as Contract No. 238-13, as amended by Amendment No. I dated August 18, 2015 and identified as Contract No. 434-15, as amended by Amendment No. 2 dated November 21, 2017 and identified as Contract No. 623-17 (as so amended, the "Agreement''), copies of which are on file in the City Clerk's office.
RECITALS
A. CITY and OPERA TOR entered into the Agreement for the operation of certain parking facilities.
8. CITY and OPERA TOR desire to further amend the Agreement to increase the Consideration of the Agreement and to modify the Scope of Services.
NOW, THEREFORE, the parties agree as follows:
I. (Reserved]
2. The Consideration shall be amended as set forth on the cover page of this Agreement.
3. Section 16. "Changes in the Scope of Work" shall be amended and restated as follows:
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80785-00011234 I 4RSvS.doc
"Section 16. Changes in the Scope of Work. CITY shall have the right to order, in writing, changes in the Scope of Work or the Services to be performed. Any changes in the Scope of Work ,nust be made in writing and approved by both parties. The City Manager on behalf of CITY is authorized to execute change purchase orders in compliance with the tenns of the Agreement."
4. Exhibit A "Scope of Services" shall be amended and restated as attached hereto and incorporated herein.
5. Exhibit 8-1 shall be amended and restated as attached hereto and incorporated herein.
6. Except as specifically amended by this Amendment No. 3, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the 17th dayof_��D c•�•�m�b��r , 2019, at Beverly Hills, California.
ATTEST:
��.:'£
HUMAAHMED
City Clerk
80785-000 I Ill� I 4SII..-S.dot
(SEAL)
[Signatures continue]
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. MIRISCH
f the Ciry of Severi Hills, California
00785-0'.lOJ \234 I 488vS doc
OPERATOR:
PARKING CONCEPTS, INC.
2-\� �\.....<..__.. -- �
ROBERT HINDLE
Vice President
L ... L .. �-
cii'LL BARNETT
Secretary
[Signatures continue]
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APPROVED AS TO FORM:
J ,__/f-_J;/dJ. { 1--E j
LAURENCE S. WIENER
City Attorney
007� S-0001\2H I 48Sv�.<k>c
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APPROVED AS TO CONTENT:
Public Works
N L'HEUREUX DRESSEL
Risk Manager
EXHIBIT A
SCOPE OF SERVICES
Pursuant to the tenns and conditions outlined in this Agreement, OPERA TOR shall perform the following accounting and administrative duties with respect to all parking garages managed by CITY (19 in total):
• Invoicing, collection and reporting of all revenue generated from monthly contract parking (for all parking garages operated by CITY). o Nore: OPERA TOR shalt use its current Accounts Receivable ("AIR") system for invoicing and reconciliation. During the Term ofrhe Agree111e111, CITY reserves the right to purchase c111 AIR system; 111oreover, once purchased and i111ple111e111ed, OPERA TOR agrees to utilize CITY owned svstem.
In addition, OPERA TOR shall assume primary and complete responsibility for all aspects of the daily operation of certain CITY -operated off-street parking garages (the "Facilities") itemized below that are currently owned by the City Parking Authority (the "Authority") or CITY, and managed by CITY:
• Public Gardens Garage at the Montage Hotel (241 N. Caiion Drive/240 N.
Beverly Drive
• 450 N. Crescent Drive
• 9333 W. 3rd Street (Pay-on-Foot Revenue Collection Only) Additionally, OPERA TOR shall be responsible for the following:
• 438 N. Beverly Drive/439 N. Canon Drive
o (Valet Services: Wednesday, Thursday, Friday, Saturday 9:00 AM until 5:00 PM or as directed by CITY. labor only; no revenue collection responsibilities)
• Wallis Annenberg Center for the Performing Arts
o Valet Services on a per event basis
• Additional personnel for business needs as directed by CITY including temporary services
The scope of work shall consist of all aspects of operating the Facilities, including, but not limited to, custodial maintenance, revenue collection and control, and staffing. -7-
80785-000 I 123-4 I 4R8vS.do,:
•
OPERA TOR shall operate and maintain the Facilities in a manner consistent with that of a FirstClass parking operation (e.g. one which upholds quality standards similar to a premium hotel in a major metropolitan market).
Parking Rates and Hours of Operation. The maximum pennissible rates charged at the Facilities are determined by the City Council or Parking Authority Board of Directors, and all rates arc published in the annual schedule of fees and charges. Current facility information and rates are shown below:
Facility/Job Description HOUJ'$ of Operation Rates Capacity $0.00 first hour
Public Gardens Garage at the $0.00 second hour
M 53.00 per half-hour ontage Hotel
S
24/7 $5.00 after 6PM Total. 1, 164 truc1ure (SelfNalet) Daily Ma:t. $22 00 Pay-on-Foot
Event S8.00
Monthl": 5125.00
51.00 firs! hour
Monday-Friday 5:00AM- 11:00PM, $1 00 second hour
450 N. Crescent Saturday 7:00AM-11 :OOPM SJ.DO per half-hour Structure (SelfNalet) Closed Sundays (Hours are subjec11o $6.00 Early Bird Total: 451 Pay-oo-Foot change with the opening of the SS.00 after 6PM Annenberg Center) $22.00 OaMy Ma:t.
$105.00 Monthl11
$1.00 first hour
9333 W. Third Street S 1 00 second hour
Structure (Self Park) 2417 $2.00 per half-hour Total: 549 Pay-on-Foot $3.00 after 6PM Fleel: 187
Daily Ma:t. $16.00
Monthlv: $135.00
Collection, invoicing and
reporting of all monthly
All Locations parking revenue N/A
generated.
438 N. Beverly Orlve/439 N. Wednesday, Thursday, Friday, Saturday Valel SefVices: No Ca
9:00 AM until 5:00 PM (Hours subject to revenue conectioo NIA r.on Drive cnence at CITY's discreti�I nslb1m1es
Anr'!enberg Thea1re fat the
"'
Pe
As required Valet Services N/A rformlnR Arts
Monthly Parking. The Facilities are operated as public parking locations with the primary focus being on short-term transient parking for businesses located in the general vicinity cf the Facilities. Monthly parking is permitted 10 the extent that transient parking is not negatively impacted. CITY shall authorize the approved number of monthly parking permits and the rate, as set forth in the Schedule of Fees and Charges.
OPERA TOR 's responsibilities shall include the collection, invoicing, deposit, reconciliation and reporting of monthly parking revenues for all CITY Facilities: currently ( 19) locations in total. Additional locations may be added as necessary by CITY.
Staffing Requtrcments - OPERA TOR shall provide CITY with staffing schedules for each of the Facilities listed in the table above. Staff schedules shall clearly define the number of employees and corresponding work schedules. OPERA TOR shall ensure that all new employees undergo pre-employment criminal background and Department of Motor Vehicles checks prior to commencement of employment.
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807!15-000 l l.:!J4 I 4SllvS.doc:
CITY reserves the right to participate in the selection and removal oCpersonnel, and will require OPERA TOR to provide additional personnel or modify its operating procedures al the sole discretion of CITY.
In addition to the staffing required for the daily operation of the Public Gardens at the Montage Hotel and 450 N. Crescent Facilities, monthly invoicing, collection and reporting, and the collection of the pay-on-foot device at 9333 W. Third Street. OPERA TOR shall also provide staff to perform valet Services on Wednesday, Thursday, Friday and Saturday (9:00 AM until 5:00 PM) at 438 N. Beverly/439 N. Cation (or as directed by CITY), and valet Services on an as needed basis for the Wallis Annenberg Center for the Perfonning Arts ('"Annenberg") valet parking operation. The dates and times OPERA TOR provides valet service for the Annenberg will be detennined based upon weekly coordination meetings between OPERA TOR and Annenberg representatives.
All work perfonned with regard to the 438 N. Beverly/439 N. Cari.on and Annenberg valet Services shall be reimbursed by CITY for the expenses incurred. OPERA TOR shall invoice CITY for each hour of service provided at the agreed rates set forth in Exhibit B-1, which will include OPERATOR 's overhead and profit and the cost of all required insurances including Worker's Compensation.
When directed by CITY, OPERA TOR shall provide additional labor to handle business needs (i.e. valet assist or stacked parking during the holiday season, special events, parking for private parties accommodated in a structure, added staff at another facility, etc.) and shall receive compensation from CITY for OPERA TOR's personnel for the personnel costs set forth in Exhibit 8-1.
A. Job Descriptions. The following arc job descriptions or key OPERA TOR personnel:
I. General Manager. OPERA TOR will name a General Manager ("GM") who has responsibility for all activities al the Facilities. GM will work cooperatively with CITY and all relevant stakeholders. GM shall maintain a highly visible presence within the Facilities, including on selected weekends and during periods of heightened acuviry. GM is responsible for overseeing all aspects of the parking operations including, but not limited to:
a. Daily revenue collection and deposits;
b. Supervising. planning. and scheduling employee duties; c. Hiring and dismissing employees;
d. Evaluating employee perfonnance:
e. Counseling and disciplining employees;
f. Investigating and responding to customer complaints; g. Resolving conflicts;
h. Overseeing the operation of the revenue control equipment.
Overseeing the removal of cash from the Facilities and ensuring that each of the Facilities is adequately staffed at all times. Reconunending operational enhancements and providing revenue forecasts for proposed parking rate -9-
80785-000 I \2)4 I 488v5.doc
.
I.
adjustments to CITY, and ensuring that all problems within the Facilities are addressed and corrected.
2. If OPERATOR finds it necessary to replace the GM fellowing commencement of this Agreement, the Department of Public Works ( .. DPW")Parking Division staff shall participate in and have the right to approve or reject the selection ofa replacement GM.
3. Parking Manager. The Parking Manager (the "PM") shall support the GM in all aspects of parking facility operations for the parking facility they are assigned to manage. Duties include but are not be limited to overseeing the administration of the parking office, developing procedures, processing paperwork, planning work schedules, reviewing and approving documents, monitoring employee performance, counseling employees, coordinating employee work activities, counting money, investigating revenue discrepancies, auditing employee and customer use of monthly key cards, ensuring that revenues collected are accurately recorded and properly secured, coordinating bank deposits, reviewing and preparing parking revenue reports, conducting parking facility inspections, responding to customer concerns and complaints and ensuring that their assigned facility is sufficiently staffed at all times. PM shall also conduct routine inspections of the parking facility on a daily basis. Daily inspections shall be documented in the form of a checklist or log and will be available to CITY staff upon request. Inspections shall include but not be limited to maintenance, cleanliness, safety hazards, public safety, proper functioning of revenue control equipment, attendant performance and cash and accounting audits.
4. Custorner Service Ambassador (Temporary Position at the direction of CITY) ClTY is known world-wide as a destination synonymous with luxury and impeccable service.
When visitors come to CITY they expect to be greeted by a friendly face that will go the extra mile to assist every need they may have. The Customer Service Ambassador (the '·CSA") is a temporary position that is responsible for supporting the GM and PM in all aspects of customer service for the parking facility they are assigned. Duties include, but are not limited to, handling customer inquiries and complaints, assisting customers with the payment of parking fees at the automatic payment machines, completing incident reports and acting as an ambassador for the parking facility.
5. Custodial Attendant - The Custodial Attendant (the ·"CA") will clean the Facility on a daily basis. The MA responsibilities include, but are not be limited to daily sweeping garage parking levels, including the entrance and exit ramps. picking up trash and debris, sweeping, policing and mopping the garage stairwells, cleaning the area immediately surrounding the elevator vestibules, escalator core, and parking office, emptying waste baskets, cleaning and emptying ashtrays. directing traffic and periodic placemeru and removal of directional sign stands and rubber traffic cones (weighing up to 25 pounds).
This CA may interact with the public at times, by directing traffic and answering questions
• J 0-
80785-000 I \:!3-l 14llSv5.doc
8. Operations.
I. Employee Training and Development - OPERA TOR has reviewed the Beverly I/ills Ambassador Program, and shall provide a fonnal training program for all new hires to develop their skills and abilities for achieving quality work perfonnance consistent with the Beverly Hills Ambassador Program. The program shall involve classroom and field instruction, encourage employee participation and include, but not be limited to, cashier training, reporting procedures, maintenance and safety standards and inspections, ticket transactions, professional conduct, customer service and effective communication techniques, dispute handling, emergency, and safety procedures and security measures.
OPERA TOR shall provide refresher training courses to existing employees every six months.
2. Employee Quality of Service - OPERA TOR shall maintain the highest degree and standards of courtesy on the part of its employees. Employees shall perfonn assigned duties in an orderly and professional rnanner. Employees shall be able to communicate effectively in English, be respectful of others and not engage in profanity, unsafe or illegal behavior or speaking languages other than English while on duty.
3. Uniforms and Appearance - OPERA TOR shall furnish all employees with unifonns acceptable to CITY consisting of a jacket, shirt, and full-length pants. Employees shall be attired in clean unifonns bearing the CITY stating: "as Operated by Parking Concepts, lnc.", and be well-groomed at all times while on duty. Employees will wear name tags lo clearly identify themselves to the public and CITY staff
4. Required Equipment. Prior to the commencement of parking operations, the OPERA TOR shall purchase certain equipment and supplies required to operate the Facilities in a manner consistent with that ofa First-Class operation. as detailed below.
5. Parking Management Office. The Facilities each contain a Parking Management Office. OPERA TOR will outfit each office with resources that include but are not limited to the following: furniture, personal computers, printers, telephones, safe(s), facsimile machine, photocopy machine, time clock and any other equipment or materials necessary to effectively administer the operation of the Facilities. Equipment shall be the responsibility and property of OPERA TOR.
6. Telecommunications Equipment. OPERATOR shall be responsible for the provision of at least one business telephone for the Parking Management Office. and for telecommunication Services for the Facilities. the cost of which shall be considered an operating expense; however, long distance telephone charges will not be reimbursed by CITY. All telecommunication equipment shall be operational during regular hours of operation and remain as property of CITY upon termination of this Agreement.
OPERATOR is required to obtain two-way radios or similar devices to facilitate communications between managers, supervisors. and parking staff. Costs associated with the two-way radios are considered an operating expense. Radios will remain the property of CITY upon tennination of the Agreement.
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807115-000 [\2J.l 14ll8v5.doc
If some offices are already equipped with two-way radios owned by CITY, such items will be inventoried, utilized by OPERA TOR and remain the property of CITY upon termination of the Agreement.
7. Elevator and Escalator Core. Regular pedestrian ingress and egress to the Facilities is through either an elevator or escalator core with landings on each floor of the individual Facilities and/or retail areas. Maintenance and repair of the escalators. elevators, light fixtures and art work within the elevator lobbies and escalator landing areas shall be provided by CITY and therefore. shall not be included in OPERA TOR 's scope of Services. OPERATOR shall notify CITY whenever problems, unusual circumstances or outages occur at any of the Facilities.
8. Security Services. OPERA TOR is not responsible for providing security Services or to engage a qualified third-party finn for such Services. However, OPERA TOR shall maintain a presence at each parking facility, and notify CITY whenever problems or unusual circumstances occur regarding security and/or security equipment at any of the Facilities.
C. Custodial and Other Services. OPERA TOR shall maintain the Facilities in good order and condition consistent with that ofa First-Class parking operation. Responsibilities shall include, but will not be limited to, the following:
I. Cleaning. OPERA TOR shall remove all papers, debris, refuse and surface waters and thoroughly sweep paved areas on a daily basis. Stairwells shall be swept and cleaned on a daily basis. No garbage or trash shall be permitted to accumulate. except in covered containers of a type approved by CITY. OPERA TOR shall provide for regular trash collection Services so as to maintain a clean and safe environment within the garage.
Trash receptacles shall be cleaned and oil and grease deposits shall be removed from the parking surface, as needed.
2. Power S,vccping. Power sweeping shall be performed at the direction of CITY, and OPERA TOR shall be reimbursed for any direct expenses incurred.
3. Steam Cleaning. Steam cleaning shall be performed at the direction of CITY, and OPERA TOR shall be reimbursed by CITY for any direct expenses incurred for this action.
4. Entrance/Exit Plaza. OPERATOR shall remove and replace signagc as needed. All work described shall be subject to the approval of CITY, and will be reimbursed for the direct expenses incurred.
5. Lighting. CITY shall clean lighting fixtures, on an as needed basis. Facilities ,viii remain lighted for security purposes seven days per week, 365-days per year, and lighting shall be unifomliy distributed throughout the Facilities. OPERA TOR shall notify CITY whenever problems. unusual circumstances or outages occur at any of the Facilities. -12-
B07�S-0001\lHl-1�8vS doc
6. Fire Alarm Moniloring. CITY shall maintain and oversee the operation of the fire alann system within each individual Facility (if applicable). OPERA TOR shall notify CITY whenever problems or unusual circumstances occur at any of the Facilities.
7. Exhaust Maintenance. OPERA TOR shall oversee the operation of the exhaust system within each parking facility (if applicable). All work perfonned will be reimbursed for the direct expenses incurred.
8. Other Services. CITY reserves the right to request OPERA TOR to perfonn other Services in special circumstances: the initial cost of which shall be assumed by OPERA TOR. The direct expenses incurred for these Services shall be reimbursed during the month incurred upon presentation of substantiating invoices and prior wriuen approval by CITY to perform said Services, at an agreed-upon price. Such Services may include but will not be limited to the purchase cf equipment and supplies, placement of materials and equipment and perfonnance of special custodial maintenance activities in connection with the Facilities.
D. Parking Access and Revenue Control System ("PARCS"). OPERATOR shall oversee the operation of the PA RCS daily and also work closely with CITY and their parking equipment service provider Sentry Control Systems (the "Contractor"), to ensure the PA RCS are fully operational. OPERA TOR shall monitor the service and repair of the equipment, including recording the removal of equipment and/or parts and maintaining an accurate spare parts inventory.
OPERATOR and its personnel shall be trained in the proper use of the PARCS and related software, and maintain the ability to generate comprehensive reports including the following, and any other reports requested by CITY:
• Daily event log;
• Shift reports;
• POF reports;
• Transaction reports;
• Credit card reports;
• Exception reports;
• Validation reports;
• Outstanding ticket reports;
• Daily and monthly summary reports;
• Activity and use report.
CITY shall have access to the parking equipment at all times and will enter into a maintenance service agreement with Contractor for preventative maintenance and emergency service. All work perfonned with regard lo the preventive maintenance agreement shall be reimbursed for the direct expenses incurred. OPERA TOR shall be financially responsible for any damages that occur to tbe equipment due to OPERA TOR negligence.
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00785-000 I \23.i I -'88v5.doc
E. Signage. OPERA TOR shall clean all existing signs in the Facilities, including parking rate signs, directional and other signage related to parking functions. OPERA TOR will not be responsible for directional signage pertaining to the elevator and escalator core, pedestrian only landing areas and elevator lobbies. OPERA TOR 1nay be required to provide additional signage in the Facilities from time to time, at CITY's expense, subject to the approval of CITY. All work will be performed at the direction of CITY and \Viii be reimbursed for the direct expenses incurred.
F. General Requirements. OPERATOR shall abide by the stated general requirements throughout the term of the Agreement. General requirements include but will not be limited to the following:
I. Operations Office. A central office and records retention area shall be provided by CITY (if not available within the Facilities). OPERA TOR shall maintain 24-hour telephone service for emergency contact. Emergency contact information shall be available to the OPW - Parking Division. OPERA TOR shall answer the emergency nmnbcr at all times, respond to any call within 30 minutes and notify OPW - Parking Division if and when the Emergency number is changed.
2. Reserved Spaces. No spaces shall be reserved for certain patrons or businesses without prior written approval by ClTY.
3. Restriction on Use. OPERA TOR, in its operation of the Facilities, shall be subject to all orders, directions or conditions issued by CITY and all Federal, State, and Municipal Laws, Regulations and Codes. Other uses, including but not limited to the storage of vehicles, fihn permit related usage, public and private events and retail or wholesale commercial activities are pennissible only with a written request to and advance written approval by CITY.
4. Improvements and Alterations. No improvements. structures, facilities, alterations or additions shall be made to or upon a parking facility by OPERA TOR without the prior written consent of the OP\V - Parking Division.
5. Non-Parking Revenues. OPERATOR shall not enter into any _agreements concerning non-parking uses of the Facilities without the prior written consent of the DP\V - Parking Division. Non-parking uses shall include but will not be limited to product promotions, commercial advertising on CITY property or on ticket stock.
Revenue generated by such non-parking uses shall be identified and reported monthly as revenue from the Facilities.
G. Bank Deposits. The bank deposit requirements for the operation of the Facilities are described in this section. OPERA TOR shall abide by the stated requirements throughout the tenn of the Agreement. The requirements include but will not be limited to the following:
I. Revenue Collection. OPERA TOR shall implement revenue control procedures to account for parking fees collected, tickets issued, collected and Jost. Daily reports and Jogs that contain the name of the parking personnel who open and close the POF devices, opening and closing ticket numbers and a list of overnight vehicles with amount due, shall be maintained. OPERA TOR shall implement a secure system for collecting and -14-
B07RS.000ll1l414llRvS doc
moving cash from cashier areas or POF devices to the Facility's management office.
OPERA TOR shall ensure that all revenue is accurately counted and secured in a safe(s) and that security procedures are implemented that prevent theft or expose pilferage.
OPERA TOR 's proposed methodology for Revenue Control, and Collection, shall be surmnarized in their submittal response to this RFP.
2. Bank Deposits. OPERA TOR shall deposit daily, all gross revenues collected from the Facilities into CITY's bank account. Deposits shall be made by the close of the next business day following the day on which revenue is collected.
OPERA TOR shall transmit a daily listing of deposits to the DPW - Parking Division electronically or by facsimile each business day.
OPERA TOR shall be responsible for safekeeping parking revenue at all rimes, including overnight and on weekends, until revenue is deposited into CITY account.
OPERA TOR shall transport all revenue via a CITY-contracted annored transport carrier contracted at CITY's expense.
Gross revenue shall include all revenue generated from the Facilities including but not limited to parking fees collected for daily transient parking, monthly parking permits, special events and any other revenue designated by the DPW - Parking Division.
3. Delinquent Deposits. If OPERA TOR's deposit of gross revenue due to CITY is delinquent; not received by the close of the next business day following the day on which the revenue is collected, OPERA TOR shall be subject to monetary penalties in accordance with the following schedule:
a. If deposited within one to 30 calendar days after due date, a penalty of up to five percent (5%) of the amount of the gross revenue due may be assessed by CITY. b. If deposits of gross revenue are delinquent for over 30 calendar days after the due date, a penalty of up to ten percent ( I 0%) of the amount of the gross revenue due may be assessed by CITY.
c. In either instance, CITY shall have the right to attach or garnish OPERA TOR 's Pcrfonnance Bond to cover the delinquent amount due, plus any assessed late payment fees.
d. CITY retains the right to waive or reduce penalties assessed pursuant to this section at its reasonable discretion.
4. Petty Cash Account. OPERA TOR shall maintain a petty cash account to ensure timely deposits of all gross revenues into CITY bank account. The petty cash account shall also be used to cover all change or replenishment needed for the POF devices at the Facilities. -15-
B07S!i.OOO l lJJ414S8vS.dot
H. Performance Criteria
I. Start-Up Penalties. OPERA TOR shall be required to commence operation of the Facilities on August I, 2013. Should OPERA TOR fail to commence operation of the Facilities in compliance with the stated commencement date, CITY reserves the right to assess OPERA TOR penalties in the amount of S 15,000 per day.
2. l\1eelings. Meetings between OPERA TOR and responsible CITY represcntative(s) will be held at the direction of CITY at the DPW Building, located at 345 Foothill Road, Beverly Hills, CA, 90210 or at another mutually agreed upon site on an agreed upon date and time.
3. Con1plaint Log. OPERA TOR shall resolve operational problems and/or patron complaints and accurately report complaints to CITY within twenty-four hours and provide follow up written report within ten days ofan incident. OPERATOR shall maintain a written log of all complaints and other unusual incidents that 111ay occur from time to time. OPERA TOR shall note the location, date and time as well as the action taken or the reason for non-action. The complaint log shall be available for inspection by the DPW - Parking Division staff at all times.
4. Reporting Requirements. OPERA TOR shall submit the following monthly reports, as deemed necessary by CITY:
1. Monthly Operations Summary. A Su111111ary of Operations report shall be turned in no later than the fifteenth of each month for the reporting period. Report shall include, but not be limited to, parking utilization by the parking facility. tickets issued by the parking facility. permitted non-parking uses by the parking facility, validated tickets by parking facility and other noteworthy actions not specifically covered in other reports. Reports shall be submitted to the DPW - Parking Division.
ii. lncidenl l\'otification. Incidents involving fire and/or law enforcement authorities or reports of personal injury resulting from incident(s) in the Facilities shall be reported to the DPW - Parking Division immediately, followed by a written incident report submitted within seven calendar days of the incident 111. Statement on Auditing Standards No. 70. A1 the direction of CITY, OPERA TOR shall engage an independent CPA to examine and report on controls and obtain an objective evaluation of the effectiveness of controls that address operations, compliance and financial reporting.
5. Approved Use of lhc Facilities. OPERA TOR shall immediately advise the DPW - Parking Division of the nature of any requests for use of the Facilities other than for regular fee parking. Any such use shall be approved subject to the prior written approval of CITY.
6. OPERATOR's Books and Records/Audits and Inspections. CITY staff will meet with OPERA TOR to review record keeping methodologies necessary to ensure adequate reporting to CITY.
-16-
B07llS·OOO l lJJ4148RvS.doc
At any time during nonnal business hours and as often as CITY deems necessary, OPERA TOR shall make available to CITY for examination, all books, ledgers, journals and accounting records that reflect receipts derived from the operation of the Facilities as well as accounting records that pertain to expenditures relative to the operation and maintenance of the Facilities.
CITY will retain the authority to audit, exarnine and make excerpts or transcripts from records, including but not limited to all contracts, invoices. materials, payroll and personnel records and other documents or statistical data relating to the operation of the Facilities.
The aforementioned records and all source documents including, but not limited to, tickets/ticket stubs, receipt for monthly parking, logs, validation receipts, daily bank deposit slips, invoices of Services and other related records, shall be retained by OPERATOR for a period of not less than (3) three-years, or until the examination of the source documents are completed and audit reports are finalized, whichever is later.
In the event OPERA TOR fails to provide CITY with the requested documents, including but not limited to books, ledgers, journals, accounting records or source documents during the examination and audit, OPERA TOR shall be fined a penalty of$ I 0,000.00 (Ten Thousand Dollars) for each audit or examination. CITY retains the right to waive or reduce such penalties or implement other remedies, at its reasonable discretion. CITY will also have the right to terminate the Agreement pursuanl to Section 12 of the Agreement.
In the event CITY discovers unreported revenue during the examination and audit, OPERA TOR shall pay CITY the entire unreported amount and a penalty of $500.00 (Five Hundred Dollars) for each incident, plus 1°/o (One Percent) accrued interest per month. An additional 1% (One Percent) interest may apply until the requested unreported revenue is paid in full. This Agreement rnay also be tenninated pursuant to Section 12 as a result of any unreported revenue.
CITY retains the right to dispatch auditors to the Facilities at any time. OPERA TOR will provide an adequate private working area for CITY auditor. Auditor shall have ready access to a photocopy and facsimile machine, and shall be allowed to interview any employee of OPERA TOR. Testing and sampling methods may be used in verifying reports submitted by OPERA TOR. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentages of error obtained from such testing and sampling to the entire period under examination, will be binding and admissible in court to prove any amount due CITY from OPERA TOR. This will not prevent OPERA TOR Iroru producing actual records and figures in court to rebut the sampling methodology. CITY will then conduct an audit of all the records for the audit period.
In
the event the deficiency is detennined to be 2% or more of the amount of revenue actually reported to CITY, OPERA TOR shall pay for the entire cost of the audit.
7. l\1onthly Compensation Deduclions
For the purposes of monthly compensation fee deductions, .. Office Employee" is defined as any individual performing duties as the General Manager, or Parking Manager. "Field Employee" is defined as any individual performing duties as a Customer Service -17-
B078S-00011.2JJ I 488vS.doc
Ambassador, Custodial or Valet Attendant. "Paperwork" is defined as any documents used by OPERA TOR at the direction of CITY to record daily business activities including but not limited to payroll records, incident reports, monthly revenue reports, fee collections, parking validations, over and under-rings, and bank deposits.
Upon review of the operation of the Facilities and required reports. CITY retains the right to deduct fees from OPERA TOR 's monthly compensation under any of tbe following conditions:
• $25.00 per day for each individual page of paperwork that OPERA TOR processes and fails to submit to CITY at the direction of CITY.
• $25.00 per day for each individual page of paperwork that OPERA TOR submits to CITY that is not properly corrected, missing required information or contains . . maccuracres.
• S50.00 for each instance that an Office Employee or Field Employee is absent from an assigned work area for reasons of abandoumem or personal, non-emergency interest. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action.
• $50.00 for each instance that an Office Employee or Field Employee rudely interacts with a customer while perfonning his/her duties.
• $200.00 will be deducted for each day OPERA TOR fails to submit the required Monthly Sununary of Operations report by the end of the business day on the due date.
• $200.00 for each instance that a Field Employee fails lo adequately anticipate the need for open lanes by not scheduling off-peak period employee breaks, thereby resulting in excessive exiting delays for the general public. • $200.00 for each instance that a Field Employee engages in activity that detracts from · a professional and alert stance while on duty (including, but not limited to drinking alcohol, sleeping, eating meals, maintaining lengthy personal conversations, or holding non-emergency telephone calls.) Drinking water, cold drinks and hot beverages is acceptable. but should not be consumed while assisting the traveling public. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action.
• $500.00 for each instance that an Office or Field Employee conunits vandalism, deliberate disabling or defacing of property and equipment (including revenue control equipment) belonging to CITY, or commits any crime. In addition, OPERA TOR shall be required 10 return said damaged property to its original condition or better.
Such penalty will not preclude OPERA TOR Irom initiating employee disciplinary action or either entity reporting employee 10 the appropriate authorities. -18-
8{1785-000 I \2l-l I 4S8vS.doc
• $500.00 for each instance that an Office or Field Employee commits theft of CITY revenues, CITY property or commits any other crime. Such penalty ,viii not preclude OPERA TOR from initiating the employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance that an Office or Field Employee commits theft of property belonging to the parking public, OPERA TORs, visitors, or retail tenant employees, or coruruits a CITY criminal action. Such penalty ,viii 1101 preclude OPERATOR from initiating employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance of improvements or additions is made in, to, or upon the Facilities by OPERA TOR without receiving prior written authorization fro,n CITY.
Furthermore, OPERA TOR or CITY shall return the Facilities to the original condition or better, at OPERA TOR's expense.
Monthly compensation fee deductions do not preclude, minimize, or replace OPERATOR 's responsibility for ensuring appropriate corrective actions are taken when necessary. CITY retains the right to waive or reduce such penalties as assessed under Section H(7), or implement other remedies, at its reasonable discretion.
8. OPERA TOR Performance. CITY will conduct evaluations of OPERA TOR performance during the term of the Agreement. Evaluations will be based on a number of criteria including the quality of work product, Services perfonned and timeliness of perfonnance, financial data and expertise of personnel assigned to the Facilities. If OPERA TOR receives a "Marginal" or "Unsatisfactory" rating on an evaluation, OPERA TOR shall be allowed 14 calendar days to respond and cure. CITY ,viii consider a Marginal or Unsatisfactory rating and OPERA TOR 's response and ability to cure, when evaluating future proposals from OPERA TOR when awarding other service contracts.
I. Additional Services
Upon CITY's request, additional services will be set forth in an executed Individual Project Order (lPO) to be approved by CITY in writing before any additional work, billing or demand for payment will be initiated. Each IPO shall contain an estimate costs of the project along with a not-to-exceed amount, which shall include all material. labor and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not-to-exceed amount. then the OPERA TOR shall obtain written permission or an amendment to the IPO. -19-
807�5.()(l() I \2J4 I 4ll8vS.doc
EXHIBIT B-1
CONSIDERATION
I. Original Agreen1ent:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERATOR a fixed annual management fee that includes OPERATOR's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of the Agree,nent, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City in an amount not to exceed $1,289,903.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization Irom CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCITY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Waoes Hourlv E�enses
General Manaaer s 36.06
Parkin Mana er s 27.62
Guest Services Ambassador s 15.87
Suoervisor s 12.50
Attendants $ 9.00
Maintenance s 9.00
Clerical $ 12.00
Cost of Living Adjustments (COLA} to the associated wages may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3%. Any such increase shall be approved in writing at the sole discretion or CITY.
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B078S-OOO I \23-1 l-lllllvS.doc
Burden and Pavrull Exnenses
Yearl-3 Year4-5
Pavrcll Tax 13.9% •
Workers Co111 10.7% •
Health/\Velfare 13.7% 15.12%
The associated burden and payroll expenses 1nay be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in ,vriting at the sole discretion of CITY.
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in Auachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Total not to
Base O erations Ex enses Allowances exceed
Insurance PL PD, included in mana ement fee s -
License & Permits $ 1,814
Repairs and Maintenance s 6,600
Telephone (lncludin Cellular Services) $ 5,399
Materials and Su ...... lies s 2,637
Fonns and Printin s 15,996
Auditina $ 2,592
Network Access s 1,440
Manaaeruent Fee $ 66,813
TOTAL $103 291.00
-21-
B07!1S-OOO l l;!J4 I 4SllvS.doc
C. Expenses Outside Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior 10 deployment:
Other Ex cnses Directed bv the Cit·· One-Time Total
Parkin Permit Mana ement Svstem $ 65, 125
Valet Parkinu Mana ement svstem $ 24,850
Parkin Reservations Svstem $ 29,475
TOTAL s 119,450
Other Ex enses Directed by the Citv - On-Gotne Total
Wavfindin and Directional Si na e s 25,350
Stearn Cleanin I Power Washin $ 31,675
Snecial Event Labor s 44,750
Parking Pcnnit Mana ement Svstem $ 21,550
Valet Parkin" Mana ement svstem s 11,625
Parkin Reservations Svstem $ 18,450
Swecuin $ 24.275
Miscellaneous s 40,000
TOTAL $ 217,675
'
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II. Amendmcnl 1''o. I:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERA TOR "s overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they arc incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent Irom CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of Exhibit of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City as set forth in this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior wriuen authorization Irom CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCJTY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Ra1es
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
*Suspended Position
Wages Hourly Expenses
General Manager $36.06
Parking Manager $27.62
Guest Services Ambassador $16.87*
Billing Administrator $13.00
Supervisor $13.50
Attendants $10.00
Maintenance $10.00
.
-29-
80785-000 l\l34 l 4�8vS.tloc
•
Cost of Living Adjustments (COLA) to the associated wages for Supervisor, Attendants, Maintenance and Billing Administrator may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3o/o. Alternatively, commencing January 1, 2016, CITY may adjust the associated wages for Supervisor, Attendants, Maintenance and Billing Adruiuistrator on an annual basis based on the State of California and City of Los Angeles' Minimum \Vage, plus a premium ofno more than t\VO dollars per hour. Any increases shall be approved in writing at CITY's sole discretion.
Burden and Payroll Expenses
Year 1-3 Year 4-5
Payroll Tax 13.90% •
Workers' Comp 10.70% •
Health/Welfare 13.70% 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPO associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
8. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for day to day operations as set forth in Attachment I to this Exhibit entitled City Base Operations Expenses Allowances.
Base Ope.-ations Expenses Allowances
Insurance PL PD, included in management fee s -
License & Pennits $1,814
Renairs and Maintenance $6,600
Teien hone (Includin Cellular Services) $5,399
Materials and SunnJies $2,63 7
Forms and Printing S 15,996
Audirina $2,592
Network Access $1.440
Mana ement Fee $66,813
TOTAL $103,291
-30-
80785-000 I \2341..l�MvS.doc:
C. Expenses Outside or Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior to deployment:
Other Expenses Directed by the City - One-Tirne
Parkin Permit Manaacment Svstem 565.125
Valet Parking Management system $24.850
Parkine Reservations Svstem $29.475
TOTAL $119,450
Other Expenses Directed by the City - On- Going
Wav findin and Directional Si na e $25.350
Steam Cleanin I Power \Vashin $31.675
Snecial Event Labor $44.750
Parkin Pennit Mana ernern Svstem $21,550
Valet ParkiI_!g Mana ement svstem $11,625
Parkin Reservations System $18,450
Sweeping $24,275
Miscellaneous $40,000
TOTAL $217,675
Ilf.Amendment No. 2:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay, OPERA TOR a fixed annual management fee that includes OPERA TOR 's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during rhe month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent Irom CITY. Deductions to monthly compensation 111ay be applied pursuant to Section E(7)of Exhibit A of the Agreement, if deemed appropriate by CJTY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by CITY as set forth in Subsection Ill of this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance wirh the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item -31-
B07!1S·OOO I llJ-1 t-lS/1�5.doc
set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and nonCITY approved expenses 'uey be applied if deemed appropriate by CITY.
8. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
Wa cs Hourlv Ex coses
General Manager $36.06-
$43.27
Parkin Mana er $29.00
Guest Services Ambassador $16.87*
Billino Administrator $16.00
Sunerviscr S 16.50
Attendants $13.00
Maintenance $13.00
*To be approved by CITY
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CJTY's Schedule of Fees and Charges, not to exceed 3% and shall automatically adjust to the State of California minimum wage requirement. Alternatively, conunencing July I, 2017, CITY 111ay adjust the associated wages on an annual basis based on the State of California and City of Los Angeles· Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in writing by the City Manager or his designee at CITY's sole discretion. Wages for Attendants and Maintenance shall automatically adjust to at leas! $1.00 above State and local minimum wage rates.
Burden and Payroll Expenses
Yearl-3 Year4-7
Payroll Tax 13.90% •
Workers' Comp l 0. 70o/o •
Jleahh!Welfare 13.70o/o 15.12�0
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and local regulations. Any such increase shall he approved in writing by tbc City Manager or his dcsigncc at the sole discretion of CITY.
-32-
807115-0001\23-11 �!l!lvS.doc
B. CITY Operations Allowances (Olhcr Than Labor)
CITY shall reimburse OPERATOR for direct expenses for day to day operations as ser forth in
Anachmcut I to this Exhibit entitled City Base Operations Expenses Allowances.
Base Opera lions Expenses Allowances
Insurance PL PD. included in managcmcm fee $ -
License & Permits $1,814
Rcnairs and Maintenance $6,600
Telcnhone (Including Cellular Services) $5,399
Matcrials and Suoolies $2,637
Fonns and Printing $15,996
Audiunu $2,592
Network Access $1,440
Manaucmcnt Fee $66,813
TOTAL $103,291
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require prior wri tten approval by the City Manager or his designee prior to deployment:
Other Exncnscs Directed by the Cily - One-Ttme
Parkin Pc1111it Mananemeru S"ste111 $65.125
Valet Parking Management system $24,850
Parkin" Reservations Svstcm • $29.475
TOTAL $119,450
-33-
B07�S-OOO 1\234 1 'l�llvS.dol:
•
Olhcr Expenses Directed by the Cit)' - On- Going
Way findinu and Directional Signage $25,350
Steam Clcaninu I Power Washinu 531.675
Snecial Event Labor 544.750
Parking Penn it Manaaerncnt Svstcm 521.550
Valet Parking Mana cement svstcm 511.625
Parkin Rescrv at ions System $18.450
Sweeping $14.175
Miscdlancous $40.000
TOTAL $217,675
IV.Amendmenl No. 3:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERA TOR 's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to ,nonthly compensation may be applied pursuant to Section H(7)of Exhibit A of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be rei,nbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by CITY as set forth in Subsection IV of this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERA TOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section H(7) of Exhibit A and nonCITY approved expenses may be applied if deemed appropriate by CITY. -34-
B07ll.5-00011.23.i J -iHllvS.doc
A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
wases Hourly Ex enses
General Mana er $33.65
Parkin Manazer $27.62
Guest Services Ambassador $18.00*
Billi1!£. Adminisrrator $18.00
Sunervisor $18.00
Clerical $18.00
Cashier $15.25
Meter Technician $18.50
Attendants $15.25
Custodial $15.25
*To be approved by CITY
Cost of Living Adjusunents (COLA) to the associated wages may be provided on an annual basis on or after July I, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3% and shall automatically adjust to the Stale of California minirnurn wage requirement. Alternatively, commencing July I, 2020, CITY may adjust the associated wages on an annual basis based on the State of California and City of Los Angeles· Minimum Wage, plus a premium ofno more than two dollars per hour. Any increases shall be approved in writing by the City Manager or his designee at CJTY's sole discretion. Wages for Attendants and Maintenance shall automatically adjust to at least$ I .00 above State and local minimum wage rates.
Burden and Payroll Expenses
Year 7
4 9
Payroll Tax 13.90°0
workers' Comp 10.70�0
Hc;ilth/\Vc-1 fore 15.12Qo
The associated burden and payroll expenses mny be provided on an annual basis on or afler July I. based on the ConsL1111cr Price Index (CPI) associated with the Federal and local regulations. Any such increase shall be approved in writing by the City Manager or his dcsigncc at the sole discretion of CITY.
-35-
00785-000 I \2H 14/lllvS.doc
B. CITY Operations Allowances (Other Than Labor)
CITY shall reimburse OPERA TOR for direct expenses for clay to day operations as set forth in Attachment I to this Exhibit.
Base Operutinns Expenses Allowances (Annual)
Insurance PL PO. included in management fee --
License 8.: Permits $1,836
Tax $160
Custodial Maintenance $6,600
Telephone (Including Cellular Sen ices) and radio $5,399 Supplies $2,637
Forms and Pnntiuu $15,996
Auditinu $2,592
Network Access $1,440
Mannncrnem Fee $66,816
Uniforms $18,720
TOTAL S 122, 196
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require prior wr i tten approval by the City Manager or his designee prior to deployment:
The payment terms (either lwnp suru or time and materials basis) shall be set forth in the Individual Project Order (IPO) and agreed to by both parties in writing.
Other Exncnses Directed bv the City - On-Goin (Annual
. FY19/20 FY20/2 I 1 • FYZ 1/22
1 L..filg_naPe $ 25,350 s 25,350 $ 25,350
Stearn Cleaning/Power Washin $ 31.675 s 31.675 s 31,675 Parkins Permit Mana emcnt Svstcm $ 21.550 $ 21.550 s 21,550 Valet Parkin Manaecmcnt Svstcm s 11,625 s 11,625 s 11,625 Parkin Reservations Systems $ 18,450 s 18,450 s 18,450
Power Sweeoin $ 24,275 s 24,275 s 24,275
As-Needed Services! $ 13 7 ,000 s 142,535 s 144,587
Tern orarv Services! $ 176,000 s 181.280 s 186,718
Reimbursables-! $ 125.000 $ 130,050 $ 131,923
TOTAL: $ 570,925 $ 586.790 $ 596.153
I lf aarccmcnt is extended bv the Citv.
-36-
80785-000 l\lJ.I t 48RvS.�
2 Labor to be billed at the agreed-upon rates per this Subsection lV(A) of this Exhibit or cost orooosals for new as-needed services not currently defined. 3 Rentals and services associated with special events and third-party billable and reimbursable exoenses.
-3 7-
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OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 AGREEMENT NO.
I 126-22 I
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
NAME OF OPERATOR:
RESPONSIBLE PRINCIPAL
OF OPERATOR:
OPERATOR'S ADDRESS:
OPERATOR'S E.I.N.ITAX I.D. NO.:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMINATION DATE:
CONSIDERATION:
Parking Concepts. Inc.
Robert Hindle, Vice President
Parking Concepts, Inc.
1801 South Georgia Street
Los Angeles, CA 90015
Attention: Robert Hindle, Vice President
95-2909899
City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
August 1, 2013
October 31, 2016 (original termination date)
October 31, 2017 (as extended pursuant to
Section 2 by letter dated December 21, 2016)
October 31, 2018 (as extended pursuant to
Section 2 by letter dated October 13. 2017)
October 31, 2019 (amended pursuant to
Amendment No. 2)
October 31, 2020 (as extended pursuant to
Section 2 by letter dated January 31, 2019)
October 31, 2021 (as extended pursuant to
Section 2 by letter dated March 20, 2020)
October 31, 2022 (as extended pursuant to
Section 2 by letter dated September 28, 2021)
Original Agreement:
Fiscal Year 2013-2014: not to exceed $1,239,018
as more particularly described in Exhibit 8-1
2014-15, 2015-16, 2016-17: not to exceed
$1.239,018 per fiscal year plus any COLA and/or
CPI adjustments as set forth in Exhibit 8-1:
-1-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 Not to exceed $119,450 as more specifically
described in Section C (Other Expenses Directed
by City - One Time) of Exhibit B-1
Amendment No. 1:
FY 2015/2016 not to exceed $1.304.411 as more
particularly described in Exhibit B-1
FY 2016/2017 not to exceed $1,339.139 as more
particularly described in Exhibit B-1
Amendment No. 1: Total not to exceed $2,643,550
Amendment No. 2:
FY 2017/2018 not to exceed $1,406,096, as more
particularly described in Exhibit B-1
FY 2018/2019 not to exceed $1,532,645, as more
particularly described in Exhibit B-1
FY 2019/2020 not to exceed $766,322. as more
particularly described in Exhibit B-1
Amendment No. 2: Total not to exceed $3,705,063
Amendment No. 3:
FY 2019/2020 not to exceed $1,008,678, as more
particularly described in Exhibit B-1 (in addition to
$766,322 for FY 2019/2020 in Amendment No. 2).
for a total not to exceed amount of $1, 775,000 for
FY 2019/2020)
FY 2020/2021 not to exceed $1,834, 110, as more
particularly described in Exhibit B-1
FY 2021/2022 not to exceed $1,859,675, as more
particularly described in Exhibit B-1
Amendment No. 3: Total not to exceed $5,468,785
Amendment No. 4:
No additional compensation
Total not to exceed $5,468,785
CHANGE ORDER AGREEMENT
Pursuant to Beverly Hills Municipal Code Section 3-3-1108, the Contracting Officer may approve a change order that does not exceed his/her purchasing authority
-2-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
This Amendment No. 4 is to that certain Agreement between the City of Beverly Hills (hereinafter called ·c1TY") and Parking Concepts, Inc. (hereinafter called "OPERATOR•) dated August 1, 2013 and identified as Contract No. 238-13, as amended by Amendment No. 1 dated August 18, 2015 and identified as Contract No. 434-15, as amended by Amendment No. 2 dated November 21, 2017 and identified as Contract No. 623-17, as amended by Amendment No. 3 dated December 7, 2019 and identified as Contract No. 668-19 (as so amended, the MAgreement•). copies of which are on file in the City Clerk's office.
NOW, THEREFORE, the parties agree as follows:
RECITALS
A. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named �SARSCoV-2.· and the disease it causes has been named "coronavirus disease 2019,- abbreviated COVID-19, ("COVID-19"); and
B. On March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and C. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
0. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
E. On March 15, 2020. the City Manager, in his role as the Director of Emergency Services, proclaimed the existence of a local emergency pursuant to Section 2-4-107 of the Beverly Hills Municipal Code to ensure the availability of mutual aid and an effective CITY response to the novel coronavirus rcoVI0-19M); and
F. On March 16, 2020, the City Council adopted a Resolution ratifying the Director of Emergency Services· proclamation of the existence of a local emergency; and G. The City Council has since ratified the proclamation of the City Manager declaring the existence of a local emergency and has continued to adopt various urgency ordinances in -3-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 connection with the local emergency such as residential and commercial rent moratoria, mask wearing, limiting gatherings, closures and operational changes of certain local businesses, social distancing and other measures designed to control the spread of the coronavirus; and H. The Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued order including but not limited to stay at home orders, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus.
I. Commencing June 15, 2021, several executive orders related to the pandemic were briefly rescinded by the Governor, including the stay at home orders, many masking and physical distancing requirements, as well as the capacity regulations for businesses. For certain mega events, as well as at hospitals, schools and on public transportation, masks continued to be required. Since June 15, 2021, community transmission in Los Angeles County continued to climb. As a result, mask requirements in indoor settings were reinstated regardless of an individual's vaccination status. The state of emergency declared by the Governor has remained in effect. The CITY will continue to adhere to the pandemic related emergency regulations for its facilities unless and until they are rescinded by the City Council.
J. In light of these extraordinary emergency circumstances, OPERATOR assists with controlling the potential spread of COVID-19 in the parking structures and commercial areas.
OPERATOR's Parking Supervisors conduct tasks to protect human health including: (a) posting signage to communicate to public direction regarding COVID-19 (e.g .. requirements for face coverings, enforcement of administrative citations for lack of face coverings, need to social distance, and other CITY regulations); (b) coding payroll and tracking COVID-19 time; (c) cleaning/disinfecting vehicles and workspaces; (d) monitoring daily occupancy of parking structures to strategize placement of parking staff to maximize their safety by only assigning them to locations where they are needed (i.e., social distancing) instead of maximum staffing at all garages); and (e) conducting outreach and communicating virtually with customers to cancel monthly parking passes or to put accounts on hold (due to reduced occupancy as a result of stayat-home orders). OPERATOR also purchases sanitizing guns to sanitize frequently-touched surfaces in the parking structures, in order to protect customers and CITY staff. Additional requests for service were verbally directed from CITY to OPERATOR beginning July 2020 to implement the above-mentioned specific tasks and all other ancillary work related to protecting against the spread of COVID-19 in the workplace.
K. The Agreement was previously amended and CITY desires to further amend the Agreement to continue to provide services that are needed during the COVID-19 pandemic.
Section 1. Section 23 of the Agreement entitled "CITY COVID-19 Vaccination Requiremenr shall be added to read as follows:
"Section 23 CITY COVID-19 Vaccination or Testing, and Record Keeping Requirements.
OPERA TOR and its employees, personnel, agents, subconsultants, volunteers and subcontractors or any other individual under the control of OPERATOR who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively "Covered Employees") shall comply with CITY's COVID-19 -4-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 vaccination or testing, and record keeping requirements in connection with the services provided to CITY under the Agreement and as more particularly described in the attached MAcknowledgement of CITY's Vaccination Requirements Against The COVID-19 Virus".
Attachment 1 to Exhibit A. OPERATOR shall execute Attachment 1 to Exhibit A attesting that only Covered Employees who are fully vaccinated or with proof of weekly negative COVID-19 PCR or antigen tests will be assigned to work at CITY worksites and/or facilities at all times during the term of the Agreement. ft
Section 2. Exhibit A, "Scope of Services ft, shall be restated and amended as attached hereto and incorporated herein.
Section 3. Except as specifically amended by sections 2, 3 and 5 of Amendment No. 3 and this Amendment No. 4, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the 9th day of --�=F be =ru=rya �--· 20 22 , at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
��At·E;tlT�kl,
Director of Public Works
OPERA TOR: Parking Concepts, Inc.
��u,f ftilA-h
ROBERT HINDLE
Vice President
Cill (7o.¥1,U}/-
GILL BARNED
Secretary
[Signatures continue]
-5-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 APPROVED AS TO CONTENT:
�.... ,'-"\, G,i11':Y
DAREN GRILLEY
City Engineer
�[u,yDI,\, G' ftw¥w..e On,ssJ,
SHARON L'HEUREUX DRESSEL
Risk Manager
-6-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
EXHIBIT A
SCOPE OF SERVICES
I. SCOPE OF WORK
Pursuant to the terms and conditions outlined in this Agreement, OPERATOR shall per1orm the following accounting and administrative duties with respect to all parking garages managed by CITY (19 in total):
• Invoicing, collection and reporting of all revenue generated from monthly contract parking (for all parking garages operated by CITY).
o Note: OPERA TOR shall use its current Accounts Receivable ("AIR") system tor invoicing and reconciliation. During the Term of the Agreement, CITY reserves the right to purchase an AIR system; moreover, once purchased and implemented, OPERATOR agrees to utilize CITY owned system.
In addition, OPERATOR shall assume primary and complete responsrbility for all aspects of the daily operation of certain CITY-operated off-street parking garages (the "Facilities") itemized below that are currently owned by the City Parking Authority (the "Authority") or CITY, and managed by CITY:
• Public Gardens Garage at the Montage Hotel (241 N. Canon Drive/240 N. Beverly Drive
• 450 N. Crescent Drive
• 9333 W. 3rd Street (Pay-on-Foot Revenue Collection Only) Additionally, OPERATOR shall be responsible for the following:
• 438 N. Beverly Drive/439 N. canon Drive
o (Valet Services: Wednesday, Thursday, Friday, Saturday 9:00 AM until 5:00 PM or as directed by CITY, labor only; no revenue collection responsibilities)
• Wallis Annenberg Center for the Performing Arts
o Valet Services on a per event basis
• Additional personnel for business needs as directed by CITY including temporary services
The scope of work shall consist of all aspects of operating the Facilities. including, but not limited to, custodial maintenance, revenue collection and control, and staffing. -7·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 OPERATOR shall operate and maintain the Facilities in a manner consistent with that of a FirstClass parking operation (e.g. one which upholds quality standards similar to a premium hotel in a major metropolitan market).
Parking Rates and Hours of Operation. The maximum permissible rates charged at the Facilities are determined by the City Council or Parking Authority Board of Directors, and all rates are published in the annual schedule of fees and charges. Current facility information and rates are shown below:
FacllltyfJob Description Hours of Operation Rates Capacity $0.00 first hour
Publtc Gardens Garage al the SO 00 second hour
$3.00 per half-hour
Montage Hotel 24f7 $5 00 ene- 6PM Total. 1,164
Structure (SelfNelet) Deily Max. $22.00 Pay-on-Foot Event: $8.00 Month : $125.00
Monday-fndey 5:00AM-11.00PM, $1 .00 first hour
Saturday 7.00AM-11:00PM $1 .00 second hour
450 N. Crescent $3.00 per half-hour Total· 451 Structure (SelfNelet) Closed Sundays (t--lolxs ere subject lo $6 00 Eerty Bird Pay-on-Foot change with the opening of the $5.00 ene- 6PM Annenbefg Cootet) $22.00 Deily Max
$105 00 Moflthlu
$1 00 first hour
9333 W. Third Street $1 .00 second hotK
Structure (Self Per1<) 24{7 52.00 per half-hour Total: 549 Pay-on-Foot $3.00 aflet 6PM Fleet: 187
Deily Max. $16.00
Month : $135.00
Collection, lflvoic1ng and
All locations reportmg of all monthly NIA
par1<1ng revenue
438 N. Beveny Orill9f439 N. Wednesday, Thursday, Fndey, Saturday Valet Services '"' : No NIA Ca/loo D= 9 00 AM unlll 5:00 PM (t--kxxs subfect to revenue collecllon at CITY'S discretion) ' ibilities
Annenberg Theatre for the As required Valet 5er'f'ICes NIA Pertomn Arts Monthly Parking. The Facilities are operated as public parking locations with the primary focus being on short-term transient parking for businesses located in the general vicinity of the Facilities.
Monthly parking is permitted to the extent that transient parking is not negatively impacted. CITY shall authorize the approved number of monthly parking permits and the rate, as set forth in the Schedule of Fees and Charges.
OPERA TOR's responsibilities shall include the collection, invoicing, deposit, reconciliation and reporting of monthly parking revenues for all CITY Facilities; currently (19) locations in total. Additional locations may be added as necessary by CITY.
Staffing Requirements - OPERATOR shall provide CITY with staffing schedules for each of the Facilities listed in the table above. Staff schedules shall clearly define the number of employees and correspondmg work schedules. OPERATOR shall ensure that all new employees undergo pre-employment criminal background and Department of Motor Vehicles checks prior to commencement of employment.
·8·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 CITY reserves the right to participate in the selection and removal of personnel, and will require OPERATOR to provide additional personnel or modify its operating procedures at the sole discretion of CITY.
In addition to the staffing required for the daily operation of the Public Gardens at the Montage Hotel and 450 N. Crescent Facilities, monthly invoicing, collection and reporting, and the collection of the pay-on-foot device at 9333 W. Third Street, OPERATOR shall also provide staff to perform valet Services on Wednesday, Thursday, Friday and Saturday (9:00 AM until 5:00 PM) at 438 N. Beverly/439 N. Canon (or as directed by CITY), and valet Services on an as needed basis for the Wallis Annenberg Center for the Performing Arts CAnnenberglt) valet parking operation. The dates and times OPERA TOR provides valet service for the Annenberg will be determined based upon weekly coordination meetings between OPERA TOR and Annenberg representatives.
All work performed with regard to the 438 N. Beverly/439 N. canon and Annenberg valet Services shall be reimbursed by CITY for the expenses incurred. OPERATOR shall invoice CITY for each hour of service provided at the agreed rates set forth in Exhibit B-1, which will include OPERA TOR's overhead and profit and the cost of all required insurances including Worker's Compensation.
When directed by CITY, OPERATOR shall provide additional labor to handle business needs (i.e. valet assist or stacked parking during the holiday season, special events, parking for private parties accommodated in a structure, added staff at another facility, etc.) and shall receive compensation from CITY for OPERATOR's personnel for the personnel costs set forth in Exhibit B-1.
A. Job Descriptions. The following are job descriptions of key OPERATOR personnel:
1. General Manager. OPERATOR will name a General Manager rGMlt) who has responsibility for all activities at the Facilities. GM will work cooperatively with CITY and all relevant stakeholders. GM shall maintain a highly visible presence within the Facilities, including on selected weekends and during periods of heightened activity. GM is responsible for overseeing all aspects of the parking operations including, but not limited to:
a. Daily revenue collection and deposits;
b. Supervising, planning, and scheduling employee duties; c. Hiring and dismissing employees:
d. Evaluating employee performance;
e. Counseling and disciplining employees:
f. Investigating and responding to customer complaints; g. Resolving conflicts:
h. Overseeing the operation of the revenue control equipment.
1. Overseeing the removal of cash from the Facilities and ensuring that each of the Facilities is adequately staffed at all times. Recommending operational enhancements and providing revenue forecasts for proposed parking rate adjustments to CITY, and ensuring that all problems within the Facilities are addressed and corrected.
.9.
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
2. If OPERATOR finds it necessary to replace the GM following commencement of this Agreement, the Department of Public Works rDPW�) Parking Division staff shall participate in and have the right to approve or reject the selection of a replacement GM.
3. Parking Manager. The Parking Manager (the "PM") shall support the GM in all aspects of parking facility operations for the parking facility they are assigned to manage. Duties include but are not be limited to overseeing the administration of the parking office, developing procedures, processing paperwork, planning work schedules, reviewing and approving documents, monitoring employee performance, counseling employees, coordinating employee work activities, counting money, investigating revenue discrepancies, auditing employee and customer use of monthly key cards, ensuring that revenues collected are accurately recorded and properly secured, coordinating bank deposits, reviewing and preparing parking revenue reports, conducting parking facility inspections, responding to customer concerns and complaints and ensuring that their assigned facility ls sufficiently staffed at all times. PM shall also conduct routine inspections of the parking facility on a daily basis. Daily inspections shall be documented in the form of a checklist or log and will be available to CITY staff upon request.
Inspections shall include but not be limited to maintenance, cleanliness, safety hazards, public safety, proper functioning of revenue control equipment, attendant performance and cash and accounting audits.
4. Customer Service Ambassador (Temporary Position at the direction of CITY) CITY is known world-wide as a destination synonymous with luxury and impeccable service.
When visitors come to CITY they expect to be greeted by a friendly face that will go the extra mile to assist every need they may have. The Customer Service Ambassador (the MCSA�) is a temporary position that is responsible for supporting the GM and PM in all aspects of customer service for the parking facility they are assigned. Duties include, but are not limited to, handling customer inquiries and complaints, assisting customers with the payment of parking fees at the automatic payment machines, completing incident reports and acting as an ambassador for the parking facility.
5. Custodial Attendant - The Custodial Attendant (the "CA") will clean the Facility on a daily basis. The MA responsibilities include, but are not be limited to daily sweeping garage parking levels, including the entrance and exit ramps, picking up trash and debris, sweeping, policing and mopping the garage stairwells, cleaning the area immediately surrounding the elevator vestibules, escalator core, and parking office, emptying waste baskets, cleaning and emptying ashtrays, directing traffic and periodic placement and removal of directional sign stands and rubber traffic cones (weighing up to 25 pounds).
This CA may interact with the public at times, by directing traffic and answering questions B. Operations.
1. Employee Training and Development - OPERATOR has reviewed the Beverly Hills Ambassador Program, and shall provide a formal training program for all new hires to develop their skills and abilities for achieving quality work performance consistent with the Beverly Hills Ambassador Program. The program shall involve classroom and field instruction, encourage employee participation and include, but not be limited to, cashier training, reporting procedures, maintenance and safety standards and inspections, ticket transactions, professional conduct, customer service and effective communication techniques, dispute handling, emergency, and safety procedures and security measures. -10-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 OPERATOR shall provide refresher training courses to existing employees every six months.
2. Employee Quality of Service - OPERATOR shall maintain the highest degree and standards of courtesy on the part of its employees. Employees shall perform assigned duties in an orderly and professional manner. Employees shall be able to communicate effectively in English, be respectful of others and not engage in profanity, unsafe or illegal behavior or speaking languages other than English while on duty.
3. Uniforms and Appearance - OPERATOR shall furnish all employees with uniforms acceptable to CITY consisting of a jacket, shirt, and full-length pants. Employees shall be attired in clean uniforms bearing the CITY stating: "as Operated by Parking Concepts, lnc.", and be well-groomed at all times while on duty. Employees will wear name tags to clearly identify themselves to the public and CITY staff.
4. Required Equipment. Prior to the commencement of parking operations, the OPERATOR shall purchase certain equipment and supplies required to operate the Facilities in a manner consistent with that of a First-Class operation, as detailed below.
5. Parking Management Office. The Facilities each contain a Parking Management Office.
OPERATOR will outfit each office with resources that include but are not limited to the following: furniture, personal computers, printers, telephones, safe(s). facsimile machine, photocopy machine, time clock and any other equipment or materials necessary to effectively administer the operation of the Facilities. Equipment shall be the responsibility and property of OPERA TOR.
6. Telecommunications Equipment. OPERATOR shall be responsible for the provision of at least one business telephone for the Parking Management Office, and for telecommunication Services for the Facilities, the cost of which shall be considered an operating expense; however. long distance telephone charges will not be reimbursed by CITY. All telecommunication equipment shall be operational during regular hours of operation and remain as property of CITY upon termination of this Agreement.
OPERATOR is required to obtain two-way radios or similar devices to facilitate communications between managers, supervisors, and parking staff. Costs associated with the two-way radios are considered an operating expense. Radios will remain the property of CITY upon termination of the Agreement.
If some offices are already equipped with two-way radios owned by CITY, such items will be inventoried, utilized by OPERATOR and remain the property of CITY upon termination of the Agreement.
7. Elevator and Escalator Core. Regular pedestrian ingress and egress to the Facilities is through either an elevator or escalator core with landings on each floor of the individual Facilities and/or retail areas. Maintenance and repair of the escalators, elevators, light fixtures and art work within the elevator lobbies and escalator landing areas shall be provided by CITY and therefore, shall not be included in OPERA TOR's scope of Services.
OPERATOR shall notify CITY whenever problems, unusual circumstances or outages occur at any of the Facilities.
-11-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
8. Security Services. OPERATOR is not responsible for providing security Services or to engage a qualified third-party firm for such Services. However, OPERATOR shall maintain a presence at each parking facility, and notify CITY whenever problems or unusual circumstances occur regarding security and/or security equipment at any of the Facilities.
C. Custodial and Other Services. OPERATOR shall maintain the Facilities in good order and condition consistent with that of a First-Class parking operation. Responsibilities shall include, but will not be limited to, the following:
1. Cleaning. OPERATOR shall remove all papers, debris, refuse and surface waters and thoroughly sweep paved areas on a daily basis. Stairwells shall be swept and cleaned on a daily basis. No garbage or trash shall be permitted to accumulate, except in covered containers of a type approved by CITY. OPERATOR shall provide for regular trash collection Services so as to maintain a clean and safe environment within the garage.
Trash receptacles shall be cleaned and oil and grease deposits shall be removed from the parking surface, as needed.
2. Power Sweeping. Power sweeping shall be performed at the direction of CITY, and OPERATOR shall be reimbursed for any direct expenses incurred.
3. Steam Cleaning. Steam cleaning shall be performed at the direction of CITY, and OPERATOR shall be reimbursed by CITY for any direct expenses incurred for this action.
4. Entrance/Exit Plaza. OPERATOR shall remove and replace signage as needed. All work described shall be subject to the approval of CITY, and will be reimbursed for the direct expenses incurred.
5. Lighting. CITY shall clean lighting fixtures, on an as needed basis. Facilities will remain lighted for security purposes seven days per week, 365-days per year, and lighting shall be uniformly distributed throughout the Facilities. OPERA TOR shall notify CITY whenever problems, unusual circumstances or outages occur at any of the Facilities.
6. Fire Alarm Monitoring. CITY shall maintain and oversee the operation of the fire alarm system within each individual Facility (� applicable). OPERATOR shall notify CITY whenever problems or unusual circumstances occur at any of the Facilities.
7. Exhaust Maintenance. OPERATOR shall oversee the operation of the exhaust system within each parking facility (if applicable). All work performed will be reimbursed for the direct expenses incurred.
8. Other Services. CITY reserves the right to request OPERATOR to perform other Services in special circumstances; the initial cost of which shall be assumed by OPERATOR. The direct expenses incurred for these Services shall be reimbursed during the month incurred upon presentation of substantiating invoices and prior written approval by CITY to perform said Services, at an agreed-upon price. Such Services may include but will not be limited to the purchase of equipment and supplies, placement of materials and equipment and performance of special custodial maintenance activities in connection with the Facilities.
·12·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
0. Parking Access and Revenue Control System ("PARCS"). OPERATOR shall oversee the operation of the PARC$ daily and also work closely with CITY and their parking equipment service provider Sentry Control Systems (the "Contractor"), to ensure the PARCS are fully operational. OPERATOR shall monitor the service and repair of the equipment. including recording the removal of equipment and/or parts and maintaining an accurate spare parts inventory.
OPERATOR and its personnel shall be trained in the proper use of the PARCS and related software, and maintain the ability to generate comprehensive reports including the following, and any other reports requested by CITY:
• Daily event log;
• Shift reports;
• POF reports;
• Transaction reports;
• Credit card reports:
• Exception reports;
• Validation reports:
• Outstanding ticket reports:
• Daily and monthly summary reports:
• Activity and use report.
CITY shall have access to the parking equipment at all times and will enter into a maintenance service agreement with Contractor for preventative maintenance and emergency service. All work performed with regard to the preventive maintenance agreement shall be reimbursed for the direct expenses incurred. OPERATOR shall be financially responsible for any damages that occur to the equipment due to OPERATOR negligence.
E. Signage. OPERATOR shall clean all existing signs in the Facilities, including parking rate signs. directional and other signage related to parking functions. OPERA TOR will not be responsible for directional signage pertaining to the elevator and escalator core, pedestrian only landing areas and elevator lobbies. OPERATOR may be required to provide additional signage in the Facilities from time to time, at CITY's expense, subject to the approval of CITY. All work will be performed at the direction of CITY and will be reimbursed for the direct expenses incurred.
F. General Requirements. OPERATOR shall abide by the stated general requirements throughout the term of the Agreement. General requirements include but will not be limited to the following:
1. Operations Office. A central office and records retention area shall be provided by CITY (if not available within the Facilities). OPERATOR shall maintain 24-hour telephone service for emergency contact. Emergency contact information shall be available to the DPW - Parking Division. OPERA TOR shall answer the emergency number at all times, respond to any call within 30 minutes and notify DPW - Parking Division if and when the Emergency number is changed.
2. Reserved Spaces. No spaces shall be reserved for certain patrons or businesses without prior written approval by CITY.
·13·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
3. Restriction on Use. OPERA TOR, in its operation of the Facilities, shall be subject to all orders, directions or conditions issued by CITY and all Federal, State, and Municipal Laws. Regulations and Codes. Other uses. including but not limited to the storage of vehicles, film permit related usage, public and private events and retail or wholesale commercial activities are permissible only with a written request to and advance written approval by CITY.
4. Improvements and Alterations. No improvements, structures, facilities, alterations or additions shall be made to or upon a parking facility by OPERA TOR without the prior written consent of the DPW - Parking Division.
5. Non-Parking Revenues. OPERATOR shall not enter into any agreements concerning non-parking uses of the Facilities without the prior written consent of the DPW - Parking Division. Non-parking uses shall include but will not be limited to product promotions, commercial advertising on CITY property or on ticket stock.
Revenue generated by such non-parking uses shall be identified and reported monthly as revenue from the Facilities.
G. Bank Deposits. The bank deposit requirements for the operation of the Facilities are described in this section. OPERATOR shall abide by the stated requirements throughout the term of the Agreement. The requirements include but will not be limited to the following:
1. Revenue Collection. OPERATOR shall implement revenue control procedures to account for parking fees collected, tickets issued, collected and lost. Daily reports and logs that contain the name of the parking personnel who open and close the POF devices, opening and closing ticket numbers and a list of overnight vehicles with amount due. shall be maintained. OPERA TOR shall implement a secure system for collecting and moving cash from cashier areas or POF devices to the Facility's management office. OPERA TOR shall ensure that all revenue is accurately counted and secured in a safe(s) and that security procedures are implemented that prevent theft or expose pilferage.
OPERATOR's proposed methodology for Revenue Control. and Collection. shall be summarized in their submittal response to this RFP.
2. Bank Deposits. OPERATOR shall deposit daily, all gross revenues collected from the Facilities into CITY's bank account. Deposits shall be made by the close of the next business day following the day on which revenue is collected.
OPERATOR shall transmit a daily listing of deposits to the DPVV - Parking Division electronically or by facsimile each business day.
OPERATOR shall be responsible for safekeeping parking revenue at all times, including overnight and on weekends, until revenue is deposited into CITY account.
OPERA TOR shall transport all revenue via a CITY-contracted armored transport carrier contracted at CITY'S expense.
Gross revenue shall include all revenue generated from the Facilities including but not limited to parking fees collected for daily transient parking, monthly parking permits, special events and any other revenue designated by the DPW - Parking Division.
3. Delinquent Deposits. If OPERATOR's deposit of gross revenue due to CITY is delinquent; not received by the close of the next business day following the day on which -14-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 the revenue is collected, OPERATOR shall be subject to monetary penalties in accordance with the following schedule:
a. If deposited within one to 30 calendar days after due date, a penalty of up to five percent (5°/o) of the amount of the gross revenue due may be assessed by CITY. b. If deposits of gross revenue are delinquent for over 30 calendar days after the due date, a penalty of up to ten percent ( 10%) of the amount of the gross revenue due may be assessed by CITY.
c. In either instance, CITY shall have the right to attach or garnish OPERATOR's Performance Bond to cover the delinquent amount due, plus any assessed late payment fees.
d. CITY retains the right to waive or reduce penalties assessed pursuant to this section at its reasonable discretion.
4. Petty Cash Account. OPERA TOR shall maintain a petty cash account to ensure timely deposits of all gross revenues into CITY bank account. The petty cash account shall also be used to cover all change or replenishment needed for the POF devices at the Facilities.
H. Performance Criteria
1. Start-Up Penalties. OPERA TOR shall be required to commence operation of the Facilities on August 1, 2013. Should OPERATOR fail to commence operation of the Facilities in compliance with the stated commencement date, CITY reserves the right to assess OPERATOR penalties in the amount of $15,000 per day.
2. Meetings. Meetings between OPERATOR and responsible CITY representative(s) will be held at the direction of CITY at the DPW Building, located at 345 Foothill Road, Beverly Hills, CA, 90210 or at another mutually agreed upon site on an agreed upon date and time.
3. Complaint Log. OPERATOR shall resolve operational problems and/or patron complaints and accurately report complaints to CITY within tv.'enty-four hours and provide follow up written report within ten days of an incident. OPERATOR shall maintain a written log of all complaints and other unusual incidents that may occur from time to time.
OPERATOR shall note the location, date and time as well as the action taken or the reason for non-action. The complaint log shall be available for inspection by the DPW - Parking Division staff at all times.
4. Reporting Requirements. OPERA TOR shall submit the following monthly reports, as deemed necessary by CITY:
i. Monthly Operations Summary. A Summary of Operations report shall be turned in no later than the fifteenth of each month for the reporting period. Report shall include, but not be limited to, parking utilization by the parking facility, tickets issued by the parking facility, permitted non-parking uses by the parking facility, validated tickets by parking facility and other noteworthy actions not specifically covered in other reports. Reports shall be submitted to the DPW - Parking Division. ·15·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
11. Incident Notification. Incidents involving fire and/or law enforcement authorities or reports of personal injury resulting from incident(s) in the Facilities shall be reported to the DPW - Parking Division immediately, followed by a written incident report submitted within seven calendar days of the incident. iii. Statement on Auditing Standards No. 70. At the direction of CITY, OPERA TOR shall engage an independent CPA to examine and report on controls and obtain an objective evaluation of the effectiveness of controls that address operations, compliance and financial reporting.
5. Approved Use of the Facilities. OPERA TOR shall immediately advise the DPW - Parking Division of the nature of any requests for use of the Facilities other than for regular fee parking. Any such use shall be approved subject to the prior written approval of CITY.
6. OPERATOR's Books and Records/Audits and Inspections. CITY staff will meet with OPERATOR to review record keeping methodologies necessary to ensure adequate reporting to CITY.
At any time during normal business hours and as often as CITY deems necessary, OPERATOR shall make available to CITY for examination, all books, ledgers, journals and accounting records that reflect receipts derived from the operation of the Facilities as well as accounting records that pertain to expenditures relative to the operation and maintenance of the Facilities.
CITY will retain the authority to audit, examine and make excerpts or transcripts from records, including but not limited to all contracts, invoices, materials, payroll and personnel records and other documents or statistical data relating to the operation of the Facilities.
The aforementioned records and all source documents including, but not limited to, tickets/ticket stubs. receipt for monthly parking. logs. validation receipts, daily bank deposit slips, invoices of Services and other related records, shall be retained by OPERATOR for a period of not less than (3) three-years, or until the examination of the source documents are completed and audit reports are finalized, whichever is later.
In the event OPERATOR fails to provide CITY with the requested documents, including but not limited to books, ledgers, journals, accounting records or source documents during the examination and audit. OPERATOR shall be fined a penalty of $10,000.00 (Ten Thousand Dollars) for each audit or examination. CITY retains the right to waive or reduce such penalties or implement other remedies, at its reasonable discretion. CITY will also have the right to terminate the Agreement pursuant to Section 12 of the Agreement.
In the event CITY discovers unreported revenue during the examination and audit, OPERATOR shall pay CITY the entire unreported amount and a penalty of $500.00 (Five Hundred Dollars) for each incident, plus 1 % (One Percent) accrued interest per month.
An additional 1 % (One Percent) interest may apply until the requested unreported revenue is paid in full. This Agreement may also be terminated pursuant to Section 12 as a result of any unreported revenue.
C1TY retains the right to dispatch auditors to the Facilities at any time. OPERA TOR will provide an adequate private working area for CITY auditor. Auditor shall have ready access to a photocopy and facsimile machine, and shall be allowed to interview any employee of OPERATOR. Testing and sampling methods may be used in verifying ·16·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 reports submitted by OPERATOR. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentages of error obtained from such testing and sampling to the enUre period under examination, will be binding and admissible in court to prove any amount due CITY from OPERA TOR. This will not prevent OPERA TOR from producing actual records and figures in court to rebut the sampling methodology.
CITY will then conduct an audit of all the records for the audit period. In the event the deficiency is determined to be 2% or more of the amount of revenue actually reported to CITY, OPERATOR shall pay for the entire cost of the audit.
7. Monthly Compensation Deductions
For the purposes of monthly compensation fee deductions, "Otflce Employee" is defined as any individual performing duties as the General Manager, or Parking Manager. "Field Employee" is defined as any individual performing duUes as a Customer Service Ambassador, Custodial or Valet Attendant. 'Paperwork" is defined as any documents used by OPERATOR at the direction of CITY to record daily business activities including but not limited to payroll records, incident reports, monthly revenue reports, fee collections, parking validations. over and under-rings, and bank deposits.
Upon review of the operation of the Facilities and required reports, CITY retains the right to deduct fees from OPERATOR's monthly compensation under any of the following conditions:
• $25.00 per day for each individual page of paperwork that OPERA TOR processes and fails to submit to CITY at the direction of CITY.
• $25.00 per day for each individual page of paperwork that OPERATOR submits to CITY that is not properly corrected, missing required information or contains . . maccuracies.
• $50.00 for each instance that an Office Employee or Field Employee is absent from an assigned work area for reasons of abandonment or personal, non-emergency interest. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action.
• $50.00 for each instance that an Office Employee or Field Employee rudely interacts with a customer While performing his/her duties.
• $200.00 will be deducted for each day OPERATOR fails to submit the required Monthly Summary of Operations report by the end of the business day on the due date. • $200.00 for each instance that a Field Employee fails to adequately anticipate the need for open lanes by not scheduling off-peak period employee breaks, thereby resulting in excessive exiting delays for the general public. • $200.00 for each instance that a Field Employee engages in activity that detracts from a professional and alert stance While on duty (including, but not limited to drinking alcohol, sleeping, eating meals, maintaining lengthy personal conversations, or holding non-emergency telephone calls.) Drinking water, cold drinks and hot beverages is acceptable, but should not be consumed While assisting the traveling -17-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 public. Such penalty will not preclude OPERATOR from initiating employee disciplinary action.
• $500.00 for each instance that an Office or Field Employee commits vandalism, deliberate disabling or defacing of property and equipment (including revenue control equipment) belonging to CITY, or commits any crime. In addition, OPERATOR shall be required to return said damaged property to its original condition or better. Such penalty will not preclude OPERATOR from iniUating employee disciplinary action or either entity reporting employee to the appropriate authorities. • $500.00 for each instance that an Office or Field Employee commits theft of CITY revenues, CITY property or commits any other crime. Such penalty will not preclude OPERATOR from initiating the employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance that an Office or Field Employee commits theft of property belonging to the parking public, OPERATORs, visitors, or retail tenant employees, or commits a CITY criminal action. Such penalty will not preclude OPERA TOR from initiating employee disciplinary action or either entity reporting employee to the appropriate authorities.
• $500.00 for each instance of improvements or additions is made in, to, or upon the Facilities by OPERATOR without receiving prior written authorization from CITY.
Furthermore, OPERATOR or CITY shall return the Facilities to the original condition or better, at OPERATOR's expense.
Monthly compensation fee deductions do not preclude, minimize, or replace OPERATOR's responsibility for ensuring appropriate corrective actions are taken when necessary. CITY retains the right to waive or reduce such penalties as assessed under Section H(7), or implement other remedies, at its reasonable discretion.
8. OPERATOR Performance. C1TY will conduct evaluations of OPERATOR performance during the term of the Agreement. Evaluations will be based on a number of criteria including the quality of work product, Services performed and timeliness of performance, financial data and expertise of personnel assigned to the Facilities. If OPERA TOR receives a �Marginar or ·unsatisfactory� rating on an evaluation, OPERATOR shall be allowed 14 calendar days to respond and cure. CITY will consider a Marginal or Unsatisfactory rating and OPERA TOR's response and ability to cure, when evaluating future proposals from OPERATOR When awarding other service contracts.
I. Additional Services
Upon CITY's request, additional services will be set forth in an executed Individual Project Order (IPO) to be approved by CITY in writing before any additional work, billing or demand for payment will be initiated. Each IPO shall contain an estimate costs of the project along with a not-to-exceed amount, which shall include all material, labor and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not-to-exceed amount, then the OPERATOR shall obtain written permission or an amendment to the IPO. ·18·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 II. INFECTIOUS DISEASE
A. The federal government and State of California. the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and OPERATOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively UOPERATOR employees") assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. OPERATOR shall notify CITY immediately in writing if OPERATOR or OPERATOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such OPERA TOR employees shall immediately cease performing services under the Agreement.
C. OPERATOR shall monitor OPERATOR employees' signs and symptoms with written logs. OPERATOR shall maintain a daily recording of the following:
1. Require OPERATOR employees to take their temperature each time they enter and exlt CITY facilities (both before and after work is performed at CITY facilities).
2. If OPERATOR employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold. or influenza:
(a) Do not have OPERATOR employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct OPERATOR employees to:
1. Not go out in public.
11. Avoid contact with others.
111. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer. which contains 60o/o-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubicle.
3. OPERATOR shall disinfect all areas that OPERATOR's employees come in contact with while performing services under the Agreement before and after usage.
4. OPERATOR employees shall not return to any CITY facility until they meet the guidance• of the Los Angeles County Department of Public Health. • OPERATOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers. ·19·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 D. OPERATOR shall also maintain daily monitoring and record keeping in connection with CITY projects where OPERATOR employees come on site for the following information:
1. Projects are adhering to Social Distancing*" and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. OPERATOR employees are not working while sick.
3. OPERATOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. OPERATOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. OPERA TOR shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
OPERATOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus.
CITY reserves the right to review OPERA TO R's daily logs to ensure compliance with this Agreement. CITY has the right to send OPERA TOR employees home who do not comply with these requirements. OPERA TOR shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY's Responsible Principal or Risk Management at 310- 285-1073.
Ill. COVID-19 VACCINATION AND RECORD KEEPING REQUIREMENTS OPERATOR shall execute the attached "ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS", Attachment 1 to this Exhibit.
-20-
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5 ATIACHMENT 1 TO EXHIBIT A
ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING
REQUIREMENTS AGAINST THE COVID-19 VIRUS
I, THE UNDERSIGNED, HEREBY ATIEST THAT I AM AN AUTHORIZED REPRESENTATIVE OF OPERATOR.
I hereby acknowledge and agree to comply with any federal, state and/or local laws, regulations and orders including the CITY's requirement that OPERA TOR and its employees, personnel, agents, subconsultants, volunteers, and subcontractors, or any other individuals under the control of the OPERATOR, who work with and among CITY employees or the public at CITY worksites and facilities in the performance of their duties under the Agreement (collectively "Covered Employees") shall be either fully vaccinated against the COVID-19 virus as defined in this Attachment or be administered weekly COVID-19 tests (PCR or antigen) as required in this Attachment. Covered Employees shall include those with and without CITY badge access. Fully vaccinated shall be defined as two (2) weeks after the second dose of the Pr12er-BioNT ech or Moderna COVID-19 vaccine is administered to the Covered Employee or two weeks after the single dose of the Johnson and Johnson Janssen COVID-19 vaccine is administered to the Covered Employee, or as further defined by the Center for Disease Control and Prevention ("CDC"). State of California. County of Los Angeles, or City of Beverly Hills. Each Covered Employee shall provide proof (vaccine card, image of vaccine card showing vaccination status) to OPERATOR that such Covered Employee is fully vaccinated as defined in this Attachment or, the Covered Employee shall provide proof of a negative COVID-19 test (PCR or antigen) to OPERATOR as further described in this Attachment.
I, the undersigned hereby attest that only vaccinated individuals, or individuals with weekly negative COVID-19 tests (PCR or antigen), will be assigned to work at CITY worksites and/or facilities under the Agreement. Covered Employees may be required to show proof of their vaccination status or a weekly negative COVID-19 test (PCR or antigen) to a CITY representative prior to performing work under the Agreement or at any time while performing work under the Agreement. OPERA TOR shall be responsible for ensuring that all of its assigned Covered Employees are fully vaccinated, or, have a negative COVID-19 test (PCR or antigen) prior to performing work under the Agreement. OPERATOR shall maintain a log, certified by OPERATOR, of vaccinated and tested Covered Employees for the term of the Agreement and shall provide such log to CITY upon request at any time.
I understand and acknowledge that CITY may, at a future time, determine that it cannot accommodate unvaccinated Covered Employees, and that it may not permit certain or all unvaccinated Covered Employees to perform work under the Agreement.
Failure to comply with these requirements shalt be a default under the Agreement. OPERA TOR is responsible for all costs associated with compliance with this Attachment.
I ALSO ACKNOWLEDGE THAT THESE REQUIREMENTS MAY CHANGE FROM TIME TO
TIME PURSUANT TO FUTURE FEDERAL, CALIFORNIA AND LOS ANGELES COUNTY
REQUIREMENTS AND AGREE TO COMPLY WITH ALL APPLICABLE STATUTES, REGULATIONS, ORDERS. ORDINANCES AND POLICIES RELATING TO MITIGATING THE TRANSMISSION OF COVID-19.
·21·
OocuSign Envelope ID: 45128E71-4943-4028-8CB2-83B.26C65C6f5
I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT THE FOREGOING IS TRUE AND CORRECT UNDER PENAL TY OF PERJURY.
PARKING CONCEPTS, INC.
By f Ju,: /ltq.yfjL
Name: PETER MARTIL
Title: Regional Director of Operations
Contract 238-13 I Vendor# 6008
·22·
Certificate Of Completion
Envelope Id; 45128E71494340288CB2B3B26C65C6f5
SUt,;ect: Please OocuSign: Parking Concepts, Inc. (238-13)-Amendment 4 COVID Source Envelope:
Document Pages· 22
Certificate Pages: 2
AutoNev: Enabled
Envelopeld Stamp1ng: Enabled
nme Zone: (UTC-08:00) Pacific nme (US & Ganada)
DocuSigrT
Status. Completed
Envelope Oog1nator
Enn Justus
455 N. Rexford Dnve
Beverly Hills, CA 00210
[email protected]
IP Address· 198-245.189.169
Slgnal1.Jres· 6
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Record Tracking
Status: Ongmal
211/2022 7:45:32 AM
Signer Events
Gtll Barnett
[email protected]
President
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(None)
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Peter Martil
pmartll@pala com
Regooal Director
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Robert Hindle
bhlndle@pcila com
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(None)
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Sharon L'Heureux Dressel
sdresse!@:bev9f1Yhills org
RISk ManagerSharon Dressel
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Signature
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Timestamp
Soot 211/2022 8JX)·22 AM
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Resent 2/'Jfl022 7 33.32 AM
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Daren Grilley
[email protected]
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Shana E. Epstein
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Director of Public Works
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Envelope Sent HashedlEnaypled 211/2022 8.00·23 AM
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DoruS!gn Envelope ID: DF2fE487-C3C�3C0-3567·111C909F09DAE AGREEMENT NO. I 499-22 I
AMENDMENT NO. 5 TO THE AGREEMENT BElWEEN THE CITY
OF BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
NAME OF OPERATOR:
RESPONSIBLE PRINCIPAL
OF OPERA TOR:
OPERATOR'S ADDRESS:
OPERATOR'S E.I.N.ITAX 1.0. NO.:
CITY'S ADDRESS:
COMMENCEMENT DATE:
TERMINATION DATE:
CONSIDERATION:
8078�1 \2681890Y2.doc
Parking Concepts, Inc.
Robert Hindle, Vice President
Parking Concepts, Inc.
1801 South Georgia Street
Los Angeles, CA 90015
Attention: Robert Hindle, Vice President
95-2909899
City of Beverty Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
August 1, 2013
October 31, 2016 (original termination date)
October 31, 2017 (as extended pursuant to
Section 2 by letter dated December 21, 2016)
October 31, 2018 {as extended pursuant to
Section 2 by letter dated October 13, 2017)
October 31, 2019 (amended pursuant to
Amendment No. 2)
October 31, 2020 (as extended pursuant to
Section 2 by letter dated January 31, 2019)
October 31, 2021 (as extended pursuant to
Section 2 by letter dated March 20, 2020)
October 31, 2022 (as extended pursuant to
Section 2 by letter dated September 28, 2021),
unless extended pursuant to section 2 of the
Agreement
Original Agreement:
Fiscal Year ("FY") 2013-2014: not to exceed
$1,239,018 as more particularty described in
Exhib� 8-1
·I·
OocuSign Envelope 10 Of2FE487-c8C8-43C0-3587-18C909F09DAE 8078S-0001\2681890v2 doc
2014-15, 2015-16, 2016-17: not to exceed
$1,239,018 per fiscal year plus any COLA and/or
CPI adjustments as set forth in Exhibit B-1;
Not to exceed $119,450 as more speciftcally
described in Section C (Other Expenses Directed
by City-One Time) of Exhibit B-1
Amendment No. 1:
FY 201512016 not to exceed $1,304,411 as more
particularty described in Exhibit B-1
FY 201612017 not to exceed $1,339, 139 as more
particularly described in Exhibit B-1
Amendment No. 1: Total not to exceed $2,643,550
Amendment No. 2:
FY 201712018 not to exceed $1,406,096, as more
particularty described in Exhibit B-1
FY 201812019 not to exceed $1,532,645, as more
particular1y described in Exhibit B-1
FY 2019/2020 not to exceed $766,322, as more
particular1y described in Exhibit B-1
Amendment No. 2: Total not to exceed $3,705,063
Amendment No. 3:
FY 201912020 not to exceed $1,008,678, as more
particularly described in Exhibit B-1 (in addition to
$766,322 for FY 2019/2020 in Amendment No. 2),
for a total not to exceed amount of $1,775,000 for
FY 201912020)
FY 2020/2021 not to exceed $1,834,110, as more
particularly described in Exhibit B-1
FY 2021/2022 not to exceed $1,859,675, as more
particularly described in Exhibit B-1
Amendment No. 3: Total not to exceed $5,468,765
Amendment No. 4:
No additional compensation
Amendment No. 5:
FY 202212023 not to exceed $929,637, as more
particularty described in Exhibit B-1
Grand Total Not to Exceed: 14,578,399.00
-2-
DocuSign Envelope 10; OF2FE-a7-c8C8-43CD-1567-18C909f090AE AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND PARKING CONCEPTS, INC. FOR THE
OPERATION OF CERTAIN PARKING FACILITIES
This Amendment No. 5 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY") and Parking Concepts, Inc. (hereinafter called "OPERATOR") dated August 1, 2013 and identified as Contract No. 238-13, as amended by Amendment No. 1 dated August 18, 2015 and identified as Contract No. 434-15, as amended by Amendment No. 2 dated November 21, 2017 and identified as Contract No. 623·17, as amended by Amendment No. 3 dated December 7, 2019 and identified as Contract No. 666-19, as amended by Amendment No. 4 dated February 9, 2022 and identified as Contract No. 126-22 (as so amended, the "Agreement"), copies of which are on file in the City Clerk's office.
NOW, THEREFORE, the parties agree as follows:
RECITALS
A. CITY entered into a written agreement with OPERATOR to provide operation of certain parking facilities, which was previously amended.
B. CITY and OPERATOR desire to further amend the Agreement to compensate OPERATOR for Fiscal Year 2022/2023 and modify the Time of Performance provision.
Section 1.
page.
Section 2.
amended as follows:
80785-0001 \2681890v2.6oc
The CONSIDERATION shall be amended as set forth on cover Section 2 of the Agreement entitled "Time of Performance" shall be .3.
OocuSlgn Envelope ID: DF2FE4&7-ceca--OCD-8587-18C909F090AE ·section 2. Time of Performance. OPERATOR shall commence its services under this Agreement upon the Commencement Date. OPERATOR shall complete the performance of services by the Termination Date set forth on cover page.
The City Manager or his designee may extend the time of performance in writing for two additional 90-day terms or such other term not to exceed 180 days from the date of the original Termination Date set forth on the cover page of the Agreement and pursuant to the same terms and conditions of the Agreement:
Section 3. Exhibit B-1, Consideration, shall be amended and restated as attached hereto and incorporated herein.
Section 4. The Recitals contained in Amendment No. 4 are hereby incorporated by reference into the Agreement.
Section 5. Except as specifically amended by sections 3 and 4 of Amendment No. 3, the Recitals contained in Amendment No. 4, and this Amendment No. 5, the remaining provisions of the Agreement shall remain in full force and effect.
EXECUTED the 2nd day of --�A=ug�u�•�-' --'' 2022 , at Beverty Hills, California
CITY OF BEYERL Y HILLS
A Municipal Corporation
LILI BOSSE
Mayor of the City of Beverly Hills, California
ATIEST:
,.,l\w..��,...4,.,.t...=.J.=- ---•<SEAL)
HUMAAHMED
City Clerk
[Signatures continue]
·•· 8071S.000l \2611190\/2.doc
OocuSign Envelope ID: DF2FE487-c&CM3C[).8567·18C909F09DAE APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
8078S.0001 \2681891).,2.doc
.5.
OPERATOR: Parking Concepts, Inc.
ROBERT HINDLE
Vice President
GILLBARNETI
Secretary
APPROVED AS TO CONTENT:
� !\""1 C#-'1 (,r .,{�
GEORGE CHAVEZ
City Manager
SHANA E. EPSTEIN
Director of Public Works
DAREN GRILLEY
Assistant Director of Public Works/City
Engineer
SHARON L'HEUREUX DRESSEL
Risk Manager
Doc:uSlgn En•-,,lcpe ID· DF2FE487-G8C8-43CD-8567-18C909F090AE
EXHIBIT A
ADDITIONAL SCOPE OF WORK
Amendn•tot No. I
Temporary Services:
In addition to the services set forth in Exhibit A, OPERATOR shall perform the following temporary services as requested by CITY's Parking Services Manager in writing:
OPERATOR shall provide temporary staffing needs for ClTY Parking Operations on a nonexclusive, as needed basis for the following Parking Positions:
Parking Supervisor
Parking Services Technician
Parking Attendant (PT)
Parking Specialist (PT)
Parking Services Technician (PT)
For all positions, CITY shall approve a rate in writing derived from the published minimum hourly pay rate.
OPERATOR shall propose candidates to CITY and CITY shall have the right to reject any candidates or request the immediate removal of any OPERATOR employee already placed in CITY.
-6-
9078S-0001\2681890v2 doc
DocuS.gn En\191ope ID: Df2FE487-C&CMJC0-3567-\8C909F090AE EXHIBIT 8-1
CONSIDERATION
I. Original Aarw1ment
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERATOR's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(l)of the Agreement, if deemed appropriate by CITY.
OPERATOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City in an amount not to exceed $1,269,903.
OPERATOR shall be paid an hourly rate for any "as needed" parking personnel in accordance wi1h the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERATOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and non-CITY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERATOR for personnel costs and labor expenses at the following rates:
Wmg11 HourtyEq 1m11
General Manager $ 36.06
Parking Manager s 27.62
Guest Services
Ambassador $ 15.87
Supervisor s 12.50
Attendants $ 9.00
Maintenance $ 9.00
Clerical $ 12.00
.7.
B07lS-0001\261189(),..2.dac:B078S-0001\2611890v2 doc:
DocuSign Envelope ID. Df2FE487-C8C8-4JCD-a567-18C909f"090AE Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3%. Any such increase shall be approved in writing at the sole discretion of CITY.
Burden and PQIOII EJql 1n111
Year 1·3 Year 4.5
Payroll Tax 13.9% •
Workers Comp 1 o.1°1o •
Health/Welfare 13.7% 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in writing at the sole discretion of CITY.
B. CITY Operations Allowances (Otls1r Th•n I •bar)
CITY shall reimburse OPERATOR for direct expenses for day to day operations as set forth in Attachment 1 to this Exhibit entitled City Base Operations Expenses Allowances.
Total not ID
811• Op11•tlona &,llnMe Allo .. nc.e u:c11d
Insurance PL PD, included in management fee $ -
License & Permits $ 1,814
Repairs and Maintenance s 6,600
Telephone (Including Cellular Services) $ 5,399
Materials and Supplies $ 2,637
Forms and Printing $ 15,996
Auditing $ 2,592
Network Access $ 1,440
Management Fee $ 66,813
TOTAL 103,2111.00
-8-
B0785-0001\26818'0v2 6oc8078S.0001\2681890Y2.doc
DocuSign Envelope ID: Df2FE<487-C&C8-43CD-8587-18C909F09DAE C. Expenses Outside Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior to deployment:
Other Expe,... Dlrocl8d by the Clly-o .... � Total
Parking Permit Management System $ 65,125
Valet Par1<ing Management system $ 24,850
Parking Reservations System $ 29,475
TOTAL $119,460
Other ExpelWN Dlrocl8d by the City- On-Oolng Total
Wayfinding and Directional Signage s 25,350
Steam Cleaning I Power Washing $ 31,675
Special Event Labor $ 44,750
Parking Permit Management System s 21.550
Valet Parking Management system $ 11,625
Parking Reservations System s 18,450
Sweeping $ 24,275
Miscellaneous $ 40,000
TOTAL $ 217,171
-9-
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DocuSlgn En\lelope 10· DF2FE487-c8�3CD-M67·18C909F090AE II. Amendment No. 1:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERATOR a fixed annual management fee that includes OPERATOR's overhead and profit and the cost of all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of Exhibit of the Agreement, if deemed appropriate by CITY.
OPERA TOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by City as set forth in this Exhibit.
OPERATOR shall be paid an hourly rate for any "as needed' parking personnel in accordance with the hourty rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
ClTY shall not reimburse OPERATOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section E(7) of Exhibit A and non-CtTY approved expenses may be applied if deemed appropriate by CITY, A. Personnel and Labor Expense Rates
CITY shall reimburse OPERATOR for personnel costs and labor expenses at the following rates:
*Suspended Position
W•gee Hourty Exp1n111
General Manager $36.06
Parking Manager $27.62
Guest Services Ambassador $16.87'
Billing Administrator $13.00
Supervisor $13.50
Attendants $10.00
Maintenance $10.00
..
Cost of living Adjustments (COLA) to the associated wages for Supervisor, Attendants.
Maintenance and Billing Administrator may be provided on an annual basis, based on the 80785-0001 \2681890v2.doc
OocuStgn Envelope 10: OF2FE487-c8CM3C0.8567-18C909f09DA.E Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges. not to exceed 3%,. Alternatively, commencing January 1, 2016, CITY may adjust the associated wages for Supervisor, Attendants, Maintenance and Billing Administrator on an annual basis based on the State of California and City of Los Angeles' Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in writing at CITY's sole discretion.
Burdin and Pmyroll Exp1n111
Year 1-3 Year 4-5
Payroll Tax 13.90% •
Workers' Comp 10.70% •
Health/Welfare 13.70°/o 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and Local regulations. Any such increase shall be approved in wrfting at the sole discretion of ClTY.
B. CITY Operations Allowances (Otl•r Th•n I •bar)
CITY shall reimburse OPERATOR for direct expenses for day to day operations as set forth in Attachment 1 to this Exhibit entitled City Base Operations Expenses Allowances. 8111 Op11atlona Exp1MN Allowancel
Insurance PL PD, included in management fee $ -
License & Permits $1 814
Repairs and Maintenance $6 600
Tele hone (lncludin Cellular Services) $5 399
Materials and Supplies $2 637
Forms and Printing $15.996
Aud1ti'!9. $2,592
Network Access $1.440
Manaoement Fee $66813
TOTAL $103 1
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require written approval by CITY prior to deployment:
·17·
60785--0001 \2681890v2.doc807&S--0001\2681890v2.doc
DoruS!gn Erlvelope ID DF2fE487-C8C8-43CO.a567·18C909F09DAE Other Exp1ne11 Directed bytheClty-One-Tlm1
Parkin...9.. Permit Man�ement System $65, 125
Valet Parking Management system $24,850
Parkin Reservations svstern $29,475
TOTAL $111,450
other E11 1m11 Dllected by the City- On- Going
Way finding and Directional Signage $25,350
Steam Cleani'!S_ I Power Washi'!S_ $31,675
�al Event Labor $44,750
Parkin Permit Mana ement Svstern $21,550
Valet Parkin Management svstem $11,625
Parking Reservations System $18,450
Sweeping $24,275
Miscellaneous $40,000
TOTAL $217,171
Ill. Amendment No. 2:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERATOR a fixed annual management Iee that includes OPERATOR's overhead and profit and the cost or all required insurances with the exception of Worker's Compensation.
OPERA TOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section E(7)of Exhibit A of the Agreement, if deemed appropriate by CITY.
OPERATOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by CITY as set forth in Subsection Ill of this Exhibit.
OPERA TOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERATOR for one-time compensation for the start-up costs.
Deductions to the Monthty Compensation as described in section E(7) of Exhibit A and non-CITY approved expenses may be applied if deemed appropriate by CITY. ·18·
80715-000 I \2611nov2.cloc.8071S·OOOI \2611890v2.doc
OocuSign Envelope ID: OF2FE487-C8C&-43C0-8587·10C909F090AE B. Personnel and Labor Expense Rates
CITY shall reimburse OPERATOR for personnel costs and labor expenses at the following rates:
W�HounyE ..
General Manager $36.06-
$43.27
Parking Manager $29.00
Guest Services Ambassador $16.87'
Billing Administrator $16.00
Supervisor $16.50
Attendants $13.00
Maintenance $13.00
-robe approved by CITY
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3% and shall automatically adjust to the State of California minimum wage requirement. Attematively, commencing July 1, 2017. CITY may adjust the associated wages on an annual basis based on the State of California and City of Los Angeles' Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in wrtting by the City Manager or his designee at CITY's sole discretion. Wages for Attendants and Maintenance shall automatically adjust to at least $1.00 above State and local minimum wage rates.
Bu1d1n and PQTOII Exp1ne11
Year 1-3 Year4-7
Payroll Tax 13.90% •
WC>fkers' Comp 10.70%1 •
HealthiV.Jetfare 13.70% 15.12%
The associated burden and payroll expenses may be provided on an annual basis, based on the Consumer Price Index (CPI) associated with the Federal and local regulations. Any such increase shall be approved in wrtting by the City Manager or his designee at the sole discretion of CITY.
·19·
80785.0001 \2681890v2.doc8071S.0001 \2681890v2.doc
OowSigo Envelope ID: DF2FE487.CSCM3C0-8567·18C909F09DAE B. CITY Operations Allowances (otl21r 1ban I abor)
CITY shall reimburse OPERATOR for direct expenses for day to day operations as set forth in Attachment 1 to this Exhibit entitled City Base Operations Expenses Allowances.
B••• Op11a1tona Exp,,... Allowar.c11
Insurance PL PD, included in management fee $ .
License & Pennits $1,814
Repairs and Maintenance $6,600
Telephone (Including Cellular Services) $5,399
Materials and Supplies $2,637
Forms and Printing $15,996
Auditing $2,592
Network Access $1,440
Management Fee $66,813
TOTAL $103,291
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require prior written approval by the City Manager or his designee prior to deployment:
oiiier EllponHSDll9ClodbylheClly-O .... nme
Parking Pennit Management System $65,125
Valet Parking Management system $24,850
Parking Reservations System $29,475
TOTAL $119,.qo
-20-
80785-0001\2681890v2.dodNl185-0001 \2681190112-dot.
Otl11r EJql IMN Dll'KtMI by the City- On- Going
Way finding and Directional Signage $25,350
Steam Cleaning I Power Washing $31,675
Special Event Labor $44,750
Parking Permit Management System $21,550
Valet Parking Management system $11,625
Parking Reservations System $18,450
Sweeping $24,275
Miscellaneous $40,000
TOTAL $217,171
IV. Amendment No. 3:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERA TOR a fixed annual management fee that includes OPERA TOR's overhead and prof rt and the cost of all required insurances with the exception of Worker's Compensation.
OPERATOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY. Deductions to monthly compensation may be applied pursuant to Section H(7)of Exhibit A of the Agreement, if deemed appropriate by CITY.
OPERATOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee) and Other Expenses Directed by CITY as set forth in Subsection IV of this Exhibit.
OPERATOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Exhibit. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall not reimburse OPERATOR for one-time compensation for the start-up costs.
Deductions to the Monthly Compensation as described in section H(7) of Exhibit A and non-CITY approved expenses may be applied if deemed appropriate by CITY. -21-
9078S.0001 \2681190v2.doc6071S-0001 \268U90"'2.doc
OocuSign Envelope 1D: DF2FE-487-C8CMJCD-1587-18C909F09DAE A. Personnel and Labor Expense Rates
CITY shall reimburse OPERA TOR for personnel costs and labor expenses at the following rates:
W�Hounv"°i
General Manager $33.65
Parking Manager $27.62
Guest Services Ambassador srs.ooBilling Administrator $18.00 Supervisor $18.00
Clerical $18.00
cashier $15.25
Meter Technician $18.50
Attendants $15.25
Custodial $15.25
--r o be approved by CITY
Cost of Living Adjustments (COLA) to the associated wages may be provided on an annual basis on or after July 1, based on the Consumer Price Index (CPI) associated with CITY's Schedule of Fees and Charges, not to exceed 3% and shall automatically adjust to the State of Galifomia minimum wage requirement. Alternatively, commencing July 1, 2020, CITY may adjust the associated wages on an annual basis based on the State of California and City of Los Angeles' Minimum Wage, plus a premium of no more than two dollars per hour. Any increases shall be approved in writing by the City Manager or his designee at CITY's sole discretion. Wages for Attendants and Maintenance shall automatically adjust to at least $1.00 above State and local minimum wage rates.
Burdin and Payroll ExperlMe
Year 7-9
Payroll Tax 13.90%
Workers' Comp 10.70%
HealthNl/elfare 15. 12o/,
-22-
80715-0001 \2611890112.doc:80785«10l \2681890¥2.doc
DocuSlgn En�alop1 ID: Df2FE:487-C8CM3C0-&567-1!C909F09DAE The associated burden and payroll expenses may be provided on an annual basis on or after July 1, based on the Consumer Price Index (CPI) associated with the Federal and local regulations. Any such increase shall be approved in writing by the City Manager or his designee at the sole discretion of CITY.
8. CITY Operations Allowances (Otl21r Than I ebor)
CITY shall reimburse OPERATOR for direct expenses for day to day operations as set forth in Attachment 1 to this Exhibit.
a,,o Oponllono �Al- (Annual)
Insurance PL PD, included in management fee -
License & Permits $1,836
Tax $160
Custodial Maintenance $6,600
Telephone (Including Cellular Services) and radio $5,399 Supplies $2,637
Forms and Printing $15,996
Auditing $2,592
Network Access $1,440
Management Fee $66,816
Uniforms $18,720
TOTAL $122,1N
C. Expenses Outside of Day to Day Base Operations
Any expenses incurred herein outside of base day to day operations shall require prior written approval by the City Manager or his designee prior to deployment:
The payment terms (either lump sum or time and materials basis) shall be set forth in the Individual Project Order (IPO) and agreed to by both parties in writing.
OH11r �DINClld by lho Clly • On4olng (Annual)
FY11120 fY211121• FY21/22'
Signage $ 25,350 $ 25,350 $ 25,350
Steam Cleaning/Power Washing $ 31,675 $ 31,675 $ 31,675 Parking Permit Management System $ 21,550 $ 21,550 $ 21,550 -23-
80785·0001 \268189011l.doc8078�-0001 \2681890ll2 doc
DocuSign Envelope ID: DF2FE487-C&CMJC0-8567-18C909f"090AE Valet Parking Management System $ 11,625 $ 11,625 $ 11 ,625 Parking Reservations Systems s 18,450 s 18,450 s 18,450 Power Sweeping $ 24,275 $ 24,275 s 24,275
As-Needed Services
2 $ 137,000 $ 142,535 s 144,587
Temporary Services- s 176,000 $ 181,280 s 186,718
Reimbursables
2•3 s 125,000 s 130,050 s 131,923
TOTAL: $ 170,121 $ 181,710 $ IN,113
1 If agreement is extended by the City.
2 Labor to be billed at the agreed-upon rates per this Subsection lV(A) of this Exhibit or cost proposals for new as-needed services not currently defined. 3 Rentals and services associated with special events and third-party billable and reimbursable expenses.
-24-
B011S.0001 \261U90v2.6oo:B078S-0001\2681890v2.doc
e.-,, Cafton
FY2011120 Jul-11 ._,. _,, .... ,. NoY-11 Doc-11 ....... , ..... _ _,, ...... ..., ... ,-20 T°"' Dltwt Eq,91-
- "'" 5'1,300 $4,300 "'" 5'1,300 $4.300 5'1.300 $4,300 $4,300 5'1.300 $4,300 "'" $51600 P1yrolT1xes $598 $598 "" $598 $598 $598 $598 $598 "" $598 S598 .... $7,172 Worllerw. Comp In• ...., ... , ... , ...., ... , ...., "'' ... , "" "" ... , "" SS,521 He11th & Wehre '650 "" '650 $650 "" $650 $650 "" $650 $650 $650 $650 $7.802 ,-� lnduded ill Man.gemer,1 Fn
Ucenae• & Permrb
r,,
Custodial M1illlenance
T elephooe & Radio $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $900 Suppliel
Form• & Pmt1ng
Auditing so so Ml Ml .. , Ml .. , Ml Ml Ml Ml Ml M30
�Aceeu
""""""
T ota1 Other Ored S6 083 $6,083 SS.126 .. ,,. .. tze S6.126 SS.126 $6,126 16,126 S6,12tl .. ,,. S6 126 $21.826 M1111gement F" MOO
"" "" "" "" "" "" MOO MOO MOO MOO MOO $4,600
7""Dnd 16.483 16A83 S6,52tl $6,526 16.526 $6,526 $6,526 S6 526 16.526 $6526 16.526 16 526 $78,226 ATTACtmlffft TO DM9T .. t ...... t
-25·
1(11'S4X)l\2611lfl0,,2--
FY201tl20 Jul-11 ........ -
·· Od·11 NoY·11 O.C:·11 ... �.. ...... - ..... .,. ........ ,....,. Total 041'Ktf�
w.,.. "" ,,oo "" "" "" 00 $200 $200 $200 "" "" $200 12,00 Payroll T a•es
'" '" "' ,,. '" ,,. "' "' '" "' "' "' "" Worke111 Comp In, 521 521 "' 521 521 "' 521 "' 521 "' $21 $21 $257 He.i,t, & Wellare $30 ,,. $30 ,,. $30 ,,. $30 ,,. $30 ,,. ,,. ,,. "" lnwranee Included In Managemenl Fee Licenses & Permits
Tu
Cu11odilll Malmenanee $70 $70 $70 $70 $10 $70 $70 $70 $70 $70 $70 $70 '8<0 T elept,one & Radio '" "' "' $75 $75 $75 '" "' $75 '" $75 '" $900 Supplies ... ... ... ... ... ... ... ... ... ... ... .. . 1576 Form, & Pnnfflg '"' 1500 $500 1500 $500 $500 , .. o S,00 $,00 '"' S,00 $500 $6.000 ""'
Net,,,,ori,. """ AoceH .. 0 .. o .. o .. o .. o .. o .. o .. o .. o ... .. o .. o "" Uniforms
Tolal Olher Direct 11 012 11.012 11,012 11,012 $1,012 $1 012 $1 012 $1,012 $1,012 $1,012 $1,012 $1 012 $9,7A9 M.inagement Fee .. 00
"'° .. 00 "'° .. 00 "" .. 00
"" .. 00 "" "" "" sa.eoo
T""1"""1 $1 '12 $1,412 s1,,12 St.412 11,,12 s1.,12 S1 , 12 St.412 $1 412 Sl,'12 $1,412 $1 412 $16,9'9 ATTACIWPfT 1 TO DHIIIT .. 1. ,.._I
450 Cr1,�ent
FY201"20 Jul·11 Aug·11 _,. Od-11 NoY-11
°""" ... - ,...,. _.,. ........ ...,..,. ,-20 TOC,I
-26-
Dwloet E•per11•
w.,.. S!.092
""' $!092 S!,092 $!,092 '8.092 "'" ""' S8 092 ""' $8092 $!092 S97 104 Payroll Taxet Sl.125 Sl.125 $1,125 $1,125 $1,125 Sl,125 $1,125 $1,125 $1,125 Sl,125 $1,125 $1,125 $13,497 Wc:rtffl comp Ins .... .... .... .... .... .... .... .... .... .... .... .... $10,390 Health & Welt.Ire $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $1,224 $14,882 '"� Included in M1nagemen1 Fee
Lk:enHS & Pennita $75 $75
r ••
'"' $160
Custodial Malntenanc:e $60 $60 $60 $60 .. c .. c $60 .. c ... ... .. o ... sno Telephone & Radio
'"' $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $1,800 Supphe1
"' ... "' ... ... "' "' "' "' "' ... "' $576
Form! & Printing $375 $375 $375 $375 $375 $375 $375 $375 $375 $375 $375 $375 $4.500 Auditing ... ... "' "' "' "' "' "' "' "' "' "' $802
Ne!WOl'k Aceest .... .... "' "' "' "' .... "' "' "' .... "' "'' """"""' $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $3,744 Total Other Onct $12 377 $12,377 $12,33,t $12,33" $12,33" $12 33A $12 569 $12,33" $12 33A $12.334 $12.33" $12,33" $51,227 �en!FH $1,S-49 $1,S-49 $1.S-49 $1.S-49 $1,S-49 $1.549 $1,549 $1,5,-49 $1.549 $1,5-'9 St,5-'9 $1,5-'9 $18,586 Total Onc1 $13 926 $13 926 $13.883 $13.883 S13.883 $13 813 $14118 S1l.813 $13.883 $13 813 $13.883 S13.813 $166,919 ATTN:.�1TO�.. ,.�.. I
w.a.e.vuet
FY2011120 Jul-11 Aut-1t ...... Oct-1t NoY·1f o.c:-1• .,.,,_,. ,...,. .. ,.211 ... ... ..,.,. Jun.20 T°"' -27-
(1(17t5-000l\l611-l.-�l\l61l-l.do<
-.-
w.,.. "'" "''° "''° "''° "''° $4,300 "''° "''° "''° S,.,300 "''° $4,300 151,600 P•yroll Tu:H $598 $5118
''" $598 "" "" $598 "" $598 $598 "" $598 $7,172
Worke� Comp In•
"'' .... .... "" .... .... .... "" "" "'' .... ... , $5,521 Health & Wefare SOSO SOSO SOSO SOSO SOSO $650 SOSO SOSO SOSO SOSO SOSO SOSO $7,802 lnsu,.nce lnc:luded In Man11gement FN
Llcefl!M!S & Permit$
To,
Custodial
Mllintenance
Telephone & Radio
Supplies
Fonn1 & Pnnting
Auditing
Network Acceu
u,-. "" "" $312 "" "" "" $312 $312 $312 "" $312 $312 $3,744 T ota1 Other Onc:t se.aac ..... 320 $6,320 $6,320 $6 320 $6,320 $6,320 $6,320 $6,320 $6,320 ,..i,J2u -• i•o . . . . . . . . . . . . .
Manlogement Fee so
T"" °""' $8 320 .. ,,. $6,320 $6,320 $6,320 S0320 S6,320 $6.320 $6,320 $6320 $6,320 $6.320 $75 840 ATTAC_..,.1 TO DMST .. t, '"-4
lloolflo'y 8111119
FY201tr.lO Jul-11 ....... _ .. Oct-11 No11-11 """" ....... , ... ,. Mat-20 ....... ........ Jun-20 T"" -28·
Dnc:t E,:pe,,111
Wogn $3,900 $3,900 $3 900 SJ 900 SJ 900 $3,900 SJ 900 $J 900 SJ 900 $3 900 $J 000 $3.900 "6000 P1yroll Tue, .... , .... z .... , .... z .... a .... , .... , .... z .... , .... , .... z .... , $6,505 Workers Comp In. ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, ... ,, $5.� Health & Welfare 5590 $590 $590 $590 $590 $590 $590 $590 $590 $590 $590 $590 $7,078 lnsurarw::e Included in t.1111-siement Fee
Lk:enHS & Pennitl
Tu
Custodial
Maintenance
T etephone & Radio
SuppfiH
Form1 & Printing
Auditing ... 3 ... 3 ... 3 ... 3 ... 3 ... 3 ... , $43 ... , ... 3 ... a ... , 55115 Net>M)n( Access
unifoons
Total ocr. Ow.ct 55.492 $5492 $5,492 $5492 $5,492 55.,92 55.•92 55 ,92 55.,92 55,492 554""' -·'""' 519 105 Management Fee "" "" "" "" "" "" "" "" "" "" "" "" $4,800 T""Dnd 55,892 S5 892 $5892 SS 892 $5,892 55,1192 55.892 55 892 $5,892 55 892 S5 892 55,892 170705 An�1TOE»-TM, ......
-29-
Doo,SognE .......... IO Of2fE"7.a,c,...3Co 1687·11C1K11111'09DAE - ..
F\'201 - 0/20 Jul-1t Aug-1t ...... Oet·1t Nov-1t Dec:-1t Jin-20 .... ,. lllr-20 ..... ,. ...,_,. Jun-20 Toal °'
E1q191 '""' ••
w- $43 708 $43 708 $43 708 $43 708 $43 708 S,t3 708 $43 708 $43.708 .. ,,.. $43,708 $43 708 .. ,,.. S524 496 Payroll
Tue1 $6.075 $6.075 $6,075 $6,075 $6,075 $6.075 $6,075 $6.075 SS.075 $6.075 SS.075 SS.075 572,905 w"'� Comp Ins $4,677 $4,677 $4,677 $4,677 S4,6n $4,677 $4,677 S4.8n $4,6n $4.877 $4,Sn $4,677 556,121 W"'""' & elfare $6,609 $6.809 $6,809 SS.609 56.609 $6.809 56.609 se.ees 56.609 $6,609 $6.609 $6,609 $79,304 ln1ur.inee lrw;:luded 1n Manmgement Fee
llcens6 &
p-"' $1,761 $1.761
Tu
Cu1tod ...
Mailntenance "'' "" "" '"' "" "" "'' "" "" "'' "" "" $5.040 Te�ne&
·- $150 $1-49 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $1,799 Suppllel $12-4 $124 $124 $12-4 $124 $124 $124 $124 S,24 $12-4 S124 $12..C S1,..C85 FOffl"II &
""'""' "" "" "" .... "" .... "" "" .... .... .... "" S5,496 '""""' "' "' "' "' "' "' "' "' "' '" '" "' $1"'
- """"" .. Un_,
"' "' "' "' "' "' "' "' "' "' "' "' "" $936 $936 $936 $936 $936 $936 '"' $936 $936 $936 $936 $936 $11.232 ·30-
IO�l\l61l...,...l."°'I01as.oool\.l611...,...J.-
T oUi1 Other • • .
Dlleet $63,284 $63,283 $63 284 $63,284 $63,284 $63,284 $65 Q.t5 $63,284 $63.284 563.284 $63,284 $63.284 S236.667 Management $2.8191
'" $2,819 $2,819 $2,819 $2,819 $2,819 $2,819 $2,819 S2.819 $2,819 $2.819 $2.819 $33.828 '""""" $66,103 $66,102 S66 103 _..,103 S66,1u., $66, 103 -·- ..,.,, 103 $66, 103 $66,103 $66,103 $66,103 $794,991 ... n/lCI IEIII t TO w.T .. ,, �.
c:on.-..d
"'2010/20 Jul-11 Aug-11 -
·· Oet-1t No¥·11 _,, ,...,. ....,. .. .,. ...... ..,.,. , ...... Total DlrKt EXF 1n111
-31-
- ...... ...... ... ... ...... ...... ...... -- -- -- -- -- _ ...
$714._
Payroll Tun h.- h .... h- h .... h .... h- h ... h- h.- h.- h.- h.- $107,Slll Workers Camp 1119 h- h.- h- h- h.- h- U.lila2 h- h- h.- h.- h- m.,1, Health & Welline 1975.2 lt,75.2 19,75.2 st,75.2 llil.7'2 111,75.2 $9,7�2 197� 19,75.2 st,7!>2 1'1.75.2 111,752 1,11.m lns.urance ""*-"'�F ..
Lleenses & Pemii13 $1,1311 .. -
TH .. �
""'
Custodial "" "" "" "" "" "" "" ""' "" "" "" "" hMaintenance Telephone & Radio .. ., .... .. ., .. ., .. ., .. ., .. ., .. ., .. ., .. ., .. ., .. ., U.Ui Supplies "" "" "" •= "" .,m "" "" "" "" "" ·= ""'
Forms & Pnnmg s1.m 11,333 11.m 11,m Sl.333 11,333 11.333 .. .,,, 11,333 SUM 11,333 11,m $15119111 Auditing
"" "" u,, _,. _,. _,. ""
_,.
"" _,. u •• .z1e
"·"'
Network Aceess
"m "m "m "m "m "m "m "m "m "m "m "m 11,44(1
Uniform,
I 1,:il!O $1,:IIO $1.5IO Sl,560 11.560 11,560 11,:IIO .. � Sl,580 .. � 11.560 11.560 $11.720 Tot.I Othtr 0nct Sk- .. - .. - .. - . . • •. ,k .. -
___ ,.
Management Fee ... - U,568 $5,518 $5,5" ... - $5,511 ...... 15.568 H.568 15,Ma 15,568 $5.551 see.a,, ,_""" •• ' •• ' •• ,. •• 1102 132 ., ,. 1100 1311 .,oo 131!1 1100 1311 .,oo ne •• -32-
OocuSign Envelope ID. Df2FE487-C8C8-43C0-8567·18C909F09DAE V. Amendment No. 4:
No additional compensation.
VI. Amendment No. 5:
For the management and operation of the Facilities as outlined in Exhibit A, CITY shall pay OPERATOR a fixed annual management fee that includes OPERATOR's overhead and profrt and the cost of all required insurances with the exception of Workers' Compensation.
OPERATOR shall be reimbursed for the actual direct operating expenses incurred during the month for which they are incurred. Invoices submitted for direct operating expenses shall not exceed the aggregate total of the approved operating expense budget, without written consent from CITY.
Deductions to monthly compensation may be applied pursuant to Section H(7}of Exhibit A of the Agreement, if deemed appropriate by CITY.
OPERATOR shall be reimbursed by CITY for direct operating expenses including, Base Operations Allowances (including the management fee} and Other Expenses Directed by CITY as set forth in Subsection IV of this Exhibit.
OPERATOR shall be paid an hourly rate for any "as needed" parking personnel in accordance with the hourly rates set forth in this Amendment. Expenses shall not exceed any budgeted line-item set forth in this Exhibit without prior written authorization from CITY.
CITY shall reimburse OPERATOR for personnel costs and labor expenses at the rates outlined in Attachment 2 to Exhibit B-1 and this Amendment No. 5 .
• 33.
80785.«IOl \2681890112.dcX
OocuSign Envelope 10 OF2FE-187-C8CS-.3CD-8567·18C909F090AE ATTACHMENT 2 TO EXHIBIT 8-1
HOURLY RA TES
I
Amend#2 Amend#3 Amend#5
General Mana_aer 36.06-43.27 33.65 37 00
Parki� Mana er 29.00 27.62 31.00
Guest Services 16.87 18.00 20.00
Ambassador
Billi�Administrator 16.00 18.00 20.00
Su rvisor 16.50 18.00 20.00
Cashier 15.25 17.00
Attendants 13.00 15.25 17.00
Custodial 13.00 15.25 17.00
B078S-0001 \2681890112.doc:8078S.000i\2681B90v2.doc
Certificate Of Completion
En"9lope Id· OF2FE487C8C843C0856718C909F09DAE
Subject: Please Doc:uSigrr Pal1drig Concepts Facility Ops (238-13) AMS pdf Source Envelope·
Documenl Paget: 34
Ccrtlficate Pages: 3
AuloNav Enabled
Emelr;ipeld s�· Enabled
Time Zone· (UTC-08 00) Pac.fie Tlme (US & Canada)
DocuSigrr
Status· Completed
Envelope Origio81or.
Flora Flowers
455 N. Rexford Drive
Beverly Hills, CA 90210
fflowers@beverlyh�ls.org
IP Addres3: 198.245.189.169
SlgnaturH 9
Initials. 1
Record Tracking
Status: Original
7/'l6/2022 10.55:02 AM
Signer Events
Dafen Oriley
[email protected]
Seo.nity Level: EmaM, Aa::ount Aulhenlicatlon
(None)
Electronlc Record and Slgnatur11 Dlsclosur11:
Nol Offered via OocuSlgn
Deoorah R Hallman for
[email protected]
Secunty Level: EmaW. Aocount Aulhen6c:aUon
(Na>e)
Electronlc RCtCord and Signature Dlselosure:
Not Offered via OocuSign
Gill Barnett
gt,[email protected]
Security Level Emal, Account Aulhentieallon
(None)
Electron le RCtCord and Signature Dlselosure:
Not Offered via OocuSign
Robert Hindle
[email protected]
Security Level Email, Account Authentication
(None)
Ellc:tronlc Record and Slgnatur11 Dlsclosur11:
Nol Offered via OocuSlgn
Holdel F1or11 Flowefs
fflow111 [email protected]
Signature
Signature Adoption: Pfe.selected Style
Using IP Acldreu: 172.115.88.153
Signalure Adoption: Pre-selected Style
using IP Addreu: 101.n 228.66
Signed using mobile
Signature Adoption· Pre-selected Style
Using tP Address· 74 212.202.150
Slgf\81ure Adoption PrlHeleded Style
Using IP Address· 64.60.118 122
Locstion: OocuSign
Tlmestamp
Sent: 712812022 8·44·42 AM
Resent. 7128/2022 8·4S·CM AM
Resent 7128/2022 5·45-43 AM
Viewed' 7/28/2022 8:46:42 AM
Signed: 7128/2022 8·46 48 AM
Sent: 7!28/2022 9 59:49 AM
Resent: 71281202210.00:13AM
Rel«lt: 7128/2022.10.30:16AM
Resent: 7128/20221044"17 AM
Viewed: 7128/2022 11:15:42 AM
Signed· 7128/2022 11:18i>O AM
Sent 7/'l6/2022 t 1 ·06:02 AM
Resent: 7/27/2022 7·19:50AM
Resent: 7127/2022 7:19:52AM
RHent: 7l28/2022 7;07:18AM
Viewed· 7128/2022 8:38:42 AM
Signed: 7128/2022 8:39·41 AM
Sent: 7/26/2022 11:06:02 AM
Resent 7/26/202211.08 55AM
Resent: 712.7!20'12. 7 19:51 AM
Resent: 7127/2022 7:19:52 AM
Resent: 712812022 7:07:19 AM
Resent: 712812022 8:45:05 AM
Resent: 712812022 8:45:43 AM
V-.d: 7128/2022 9•49·56 AM
Signed: 7/28/2022 9:53:45 AM
Signer Events
Shana E. Epstein
sepslein@beV9rtyhiHs,org
Dlreclor of Public WOfb
See;urity LeWtt· Email. Account Authentication
(Nono)
Electrot,le Re<:ord and Signllu,.. Dlsclo•ur•:
Nol Offered via OocuS!gn
Sharon L 'Heurew1 Dressel
tdre�ll.org
Risk Manager
Sho<onl> ....
Securtty Level· EmaY, Account Authentication
,-1
Electronle Record and Slgnatuf9 Dl9cloaure:
Nol Offered Yia OocuSign
Logan PNllppo
!phlllippo@bevef1yhill$ org
Senior Management Analysl
City of Bev9rty Hills
Securtty Level: EmaM. Account Authentication
(Nono)
El•ctronic Record and Sign41tur• DIKlosure:
Nol Offered via DocuSign
Nancy Hunt Coffey for
nhuntcofley@be,;e"'ftlllls org
Assistant City Manager
Serurtty level: Email, Aeoounl AolhentJeatlon
(Nono)
Electronic Record and Slgnatur• Disclosure:
Not Offered Yie DocuSign
Liii Bosse
llliboueQme.com
Seeooly Level: Email, Accounl Authentication
,,.,,.)
El•ctronlc RkOl"d and Signature Disclosure:
Not Offered Yia DocuSlgn
HumaAhmed
[email protected]
Security level: Email, Account Authenlication
,-1
Electronic Record and Signature Dl•closur•:
Not Offered via DocuSign
Signature
Signature Adoption: Pre-selGCted Style
Using IP Addreu· 198 245. 189 169
Signature Adoption· Pre-seleded Style
Using IP Address· 198.245. 189. 166
Signature Adoption Pre-seledod Style
UsmgtPAddress 76168.110.145
Signature Adoption: f're.11eleded Style
u.ing IP Addreu 198.245. 189 166
Signature Adoption· Pre-selected Slyle
Using IP Addreu· 198 245 189 166
Signatuni, Adoption: Pfe.selocled Style
USlng lP Address· 198.245 189 154
Tlmestlimp
Sent 7128/2022 8·44:43 AM
Resent: 7128/2022 8:45:05 AM
Resent: 7128/2022 8:45:44 AM
Viewed 7128/2022 8:46:34 AM
Signed: 712812022 8.47:17 AM
Sent 7128/2022 8:45:27 AM
Resent 7128/2022 8·45:« AM
Resent 7128/2022 9:58:39 AM
Resent 7128/2022 10 00:14 AM
Rffent 7128l2022 10 J0:16 AM
Resent 7128/2022 10"44:17 AM
V-.d 7128/202211:59.JSAM
Signed: 7/28/202211.59:42 AM
Sent: 7128/202211:59.44 AM
V..wftd· 814/2022 10:50·47 AM
Signed: 814/2022 10·50:52 AM
Sent 814/2022 10:50.54 AM
VN!Wed: 814/2022 1 56:21 PM
Signed: 814/20221·56:58 PM
Sent 81-4/20221:57:02 PM
Resent; 81912022 2:17:46 PM
Viewed· 81912022 2:24:35 PM
Signed: 81912022 2:24:40 PM
Sen1· 8/9/2022 2 24:42 PM
Resent 8110/20228:0-4.33AM
Viewed: 8110/2022 10:14:45 AM
Signed· 8110/2022 10:15:03 AM
In Person Signer Events Stgn11ture Tlmestamp
Editor Delivery Events Status Tlmestamp
Agent Delivery Ev•nts Status Tlmestamp
Intermediary Dellv•ry Events Status Tlmestamp
Certified Delivery Events Status Tlmestamp
Carbon Copy Events Status Times tamp
Adrianne Tarawn COPIED Sent· 8(412022 1 '57'01 PM
atarazon@t>ewflyhins erg
Security Level· Ema�. Account Al.llhentic9tion 1-,
Electronic RIICMd Ind SlgnllUtl DlscJOSYIW:
Not Offered via DocuSign
Dorin,""""" COPIED Senl:8f4/20221:5701 PM
dmohan@:beYllffYhWls o,g
Security Level· Ema�. Account Authenticatioo
l""""I
El,ctronlc RK<H'd and Slgm1tuni Dlsclosuni:
Not Offered via DocuSign
Jackie Peral COPIED Sent 8110/2022 10:15:07 AM
jperez@beve,tyhills.o,g
Security U:11111: Email, Account Authentication
l""""I
Electronic RIICOf'd and Slgnatur1 DlsclosuJW:
Not Offered ...... DocuSign
Witness Events Signature Tlmestamp
Notary Events Signature Tlmestamp
Envelope Summary Events Status Tim•stamps
Envelope Sent Hashed/Encrypled 7f26/'l02211:06:02AM
Ceflifled Delivered
.._ """"""' 8/10l202210:1-4:45AM
Signing Compkile Security Checiled 8110l202210·IS·OJAM
Comoletod Security Checli::ed 8/10/2022 10·15·07 AM
Payment Events Status Timestamps