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Project Name: Parking Services
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
ABM Industries Group LLC
THIS AGREEMENT is made and entered into this 1 st day of May, 20 26, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and ABM Industries Group LLC ("Service Provider").
City and Service Provider agree as follows:
1. RETENTION AS SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Service Provider are as follows:
Professional parking services in conjunction with the operation of parking services at the Thousand Oaks Civic Arts Plaza located at 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362. Services and deliverables shall generally include managing, operating, directing, and superintending the parking operations within the facility and portions of the street adjacent to the facility to the best of Service Provider’s ability and in accordance with all valid governmental laws and regulations concerning the same, and are more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated by reference.
City shall perform the services defined in Exhibit “A”.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Service Provider by City for the services under this Agreement SHALL NOT EXCEED the sum of $805,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
ATTACHMENT #1
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Hourly at the hourly rates and with reimbursement to Service Provider for those expenses set forth in Service Provider's Schedule of Fees attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Service Provider for the duration of the agreement. Any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Service Provider for all work described under this Agreement. (b)Payment. Service Provider shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice. (c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Service Provider shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Nancy Loncto.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to April 30, 2029 unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than two (2) separate times, for a period of one (1) year each.
Service Provider shall not commence work on the services to be performed under the Agreement until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Service Provider's drafts, notes and internal memorandum), including duplication of same prepared by Service Provider in the performance of these services, are the property CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City.
City agrees to hold Service Provider harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Service Provider is first obtained.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services which are personal to City. Al Pineda is deemed to be especially experienced and is a key member of Service Provider's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Service Provider without City's prior written consent.
No part of the work described in this Agreement may be subcontracted out to other parties.
8. HOLD HARMLESS AND INDEMNITY
(a)Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b)Defense and Indemnity of Third Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Service Provider shall promptly pay City any final judgment rendered CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c)Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
(d)Inspection of Parking Structures. Service Provider will inspect both parking structures one hour prior to event. If Service Provider identifies any potential hazards, Service Provider will immediately notify City’s representative of such hazards.
Contractor will assist City’s representative in taking reasonable action to remove, repair, correct, cordon off, place barriers around, or otherwise warn patrons or the public of the condition. Service Provider will use appropriate equipment such as cones, “A-frames,” signs, tape or other barriers that will be provided by owner or brought by Service Provider and stored at City’s facility for Service Provider’s use during events. Service Provider will ensure it has immediate access to such equipment for each event. Unless the hazard was caused by the active negligence, omission to reasonably act, or intentional action of Service Provider, City will not seek indemnification from Service Provider for damage claims asserted solely from the hazardous condition that Service Provider found and properly reported. City will provide Service Provider with representative contact information in cases of emergency.
(e) Claims. Service Provider will not be responsible for any claims associated with the parking facility elevator or claims resulting from the structure of the facility.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider's indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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insurance of the type and amounts described below and in a form that is satisfactory to the City.
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Service Provider shall, at Service Provider's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
2.Automobile Liability: Service Provider shall, at Service Provider's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3.Worker’s Compensation: Service Provider shall, at Service Provider's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease.
Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.
4.Crime (Fidelity): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence.
If Service Provider maintains higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The provision shall also apply to any excess liability policies. In addition, Contractor shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Service Provider, the City and Service Provider may renegotiate Service Provider's compensation.
Primary Coverage
For any claims related to this Agreement, the Service Provider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to the City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its officers, officials, employees or volunteers or shall specifically allow Service Provider or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
10. RELATION OF THE PARTIES
a. Service Provider is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Service Provider shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.
11. CORRECTIONS
In addition to the above indemnification obligations, Service Provider shall correct, at its expense, all errors in the work that may be disclosed during City's review of Service Provider's report or plans. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider or withheld from any funds due to Service Provider hereunder.
12. TERMINATION BY CITY
City Manager or his or her designee may, upon thirty (30) calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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the event of termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider unless termination is for cause. In such event, Service Provider shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished, or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and Service Providers.
14. AUDIT OF RECORDS
Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9 as most recently issued by the Internal Revenue Service.
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21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Service Provider.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Service Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Service Provider's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
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28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:Attention: Marisa Hanke
Cultural & Community Services
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Attention: Al Pineda
ABM Industry Groups, LLC
1150 S. Olive St, 19th Floor
Los Angeles, CA 90015
30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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31. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to contracts under $50,000, competitively bid, labor, or personal employment contracts. An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
In order to assure compliance with these requirements, Party/Consultant/Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Party/Consultant/Service Provider verifies by its signature that it has completed Exhibit C in compliance of these requirements.
Party/Consultant/Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $500 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Contract/Agreement, and for the 12 months following award of this Contract/Agreement. . An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
Where applicable, Party/Consultant/Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Contract/Agreement.
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
SERVICE PROVIDER
By:James Alexander
Title:Vice President
By:Al Pineda
Title:Regional Manager, California
CITY OF THOUSAND OAKS
Mikey Taylor, Mayor
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ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Jonathan Serret, Cultural and Community Services Director APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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Exhibit A
Scope of Work for
Operation of Parking Services at the
Thousand Civic Arts Plaza
The services to be performed by Service Provider are as follows:
Service Provider shall, on the dates of performances occurring in the Fred Kavli Theatre, Scherr Forum Theatre and Carpenter Plaza Park of the Thousand Oaks Civic Arts Plaza (TOCAP), perform the following services:
(a) Manage, operate, direct, and superintend the parking operations within the facility and portions of the street adjacent to the facility (Service Provider to coordinate actions with Thousand Oaks Police Department (TOPD) to the best of its ability and in accordance with all valid governmental laws and regulations concerning the same.
(b) Control access to and collect, at all entry points, City’s approved parking fee or passes (City retains the right to adjust the amount of parking fees charged for use of City’s parking facilities) for each vehicle entering the parking structure and City Hall front parking lot (parking facilities). Access control and collection services should start generally two hours prior to the performance time. (c) Place approved parking/fee signs and traffic cones, and assist in traffic control within the parking facilities prior to, during, and for one hour after the performances occurring in the Fred Kavli Theatre, Scherr Forum Theatre and Carpenter Plaza Park on the designated performance dates. Remove temporary signage and traffic control cones to proper storage areas provided by City. All signs require the prior written approval of the Cultural & Community Services Director or Project Manager. Coordinate such traffic control work with TOPD.
(d) During hours of operation, continuously monitor the level of vehicles parking in the parking facilities and remaining capacity in order to timely redirect traffic and place “full” signs.
(e) During and after performances, provide user assistance, and make reports on and take any claims of any accident or damage. Following each performance, Service Provider will check the parking facilities to ensure egress of all parked cars and offer assistance to stranded motorists by contacting appropriate agencies such as police, local garages, AAA, etc.
(f) Perform cleaning of parking facilities trash, including emptying trash cans and clearing stairs and elevators of trash, after performance and exiting of vehicles.
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(g) Verify and scan parking tickets, permits, and digital passes using City-provided scanning equipment.
(h) No cash handling or on-site financial exchanges are permitted. All parking operations will be fully cashless.
(i) Attendants will process parking transactions exclusively through City-issued handheld scanners or approved digital validation systems. Service Provider will be responsible for thorough and accurate financial documentation for each event. This includes preparing a transaction summary report detailing the number of scans, credit card transactions, and validations processed. Ensuring all digital transaction data aligns with the City’s reporting requirements and system records. Submitting the completed event summary report to the City’s Project Manager and City Auditor within the designated timeframe after each event.
(j) Service Provider shall deliver all collected parking passes (e.g., staff passes, VIP, prepaid, or special access passes, etc) directly to the City’s Project Manager. Service Provider shall reconcile total revenue recorded by vehicle counter and the credit card transactions collected after each performance.
Service Provider is responsible for reconciling all pass usage in the event summary report.
(k) Accounting of non-paying vehicles should, at a minimum, include reasons for non-paying (i.e. staff pass, volunteer pass, box office, etc.). Cash audit controls include, but are not limited to, collecting City-specified information from each non-paying vehicle entering the parking facilities or front lot (such as name, car make/model), performing periodic audits, reconciling car counter to tickets issued and non-paying vehicles. This information will be forwarded to the Project Manager after each event and to the City Auditor as requested. (l) Service Provider will provide a comprehensive monthly statement package generated by the ParkABM system to include supplemental standardized reporting and graphs.
(m)Designate an on-site Operations Manager/Supervisor responsible for supervision of Service Provider’s personnel and transaction management. (n) City will supply handheld scanners and any required software for ticket validation. Service Provider will ensure attendants are properly trained to operate City-provided equipment. Promptly report any equipment malfunctions or operation issues and maintain the security and proper handling of all City equipment while in their custody.
CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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(a) Following each event, Service Provider shall submit the event summary report, including total cars parked, total scans, credit card transaction counts, parking pass usage, operation notes or incidents, and return all City-provided equipment in good working condition.
(o) Notify City within 24 hours of any unusual condition which may develop in the operation of the facility or immediately in the event of an emergency. (p) The Service Provider will furnish the necessary number of attendants or other personnel at such times as reasonably required to perform the services.
Service Provider understands that the City-approved acceptable level of staffing shall be used unless directed by the City to do otherwise or prior approval is obtained from the City. The City-approved acceptable level of staffing is:
(1) Kavli Theatre: One supervisor, two cashiers, one traffic director (to enable the drop off of disabled patrons in the circular drive). (2) Scherr Forum Theatre (if no Kavli Theatre performance): One supervisor, one cashier.
(3) Carpenter Plaza Park (if no Kavli Theatre performance): One supervisor, one cashier (additional cashiers may be required depending on projected attendance).
At all times when the parking facilities are in operation for performances, Service Provider shall supervise its personnel and operate that facility in accordance with standards and requirements of quality, appearance (including uniform with Service Provider’s name), cleanliness and levels of service, as prescribed by Cultural & Community Services Director or Project Manager.
The services to be performed by City are as follows:
(a) City will contract with JustPark, or other similar-type technology, for equipment used to procure electronic payments, including credit cards, Google/Apple pay, and pre-paid parking tickets.
(b) City will establish merchant services accounts for the use of such electronic payment services.
(c) City's Project Manager will provide a monthly schedule of events in advance for Service Provider to prepare appropriate scheduling of employees. Cultural and Community Services Director or Project Manager may designate an earlier set up time or may modify in writing such hours of service.
CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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CCS: 901-80/H:Common/Admin/Contracts/Parking Services.docx
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