HomeMy WebLinkAboutItem 14 - Agreement with ABM for Municipal Parking Facilities Operator Community Development Agency
santa-ana.org/cd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 7, 2021
TOPIC: Agreement with ABM for Municipal Parking Facilities Operator
AGENDA TITLE:
Agreement with ABM for Municipal Parking Facilities Operator (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with ABM Parking Services for
operating services of the City-owned downtown parking facilities, for a five-year term with
an option of five one-year extensions, beginning February 1, 2022 through January 31,
2027, for a total not-to-exceed amount of $13,326,785, which includes the management
fees and reimbursable operating expenses, subject to non-substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana owns five parking facilities within Downtown Santa Ana that
comprise over 1,800 parking stalls. The facilities are vital in providing easily accessible
parking for numerous visitors, businesses and residents. Four of the facilities are multi-
level parking structures that accommodate transient parking and monthly parking patrons
and there is one surface lot that accommodates transient patrons. The facilities provide
parking for businesses and special events held throughout the year and are an initial
impression to visitors, therefore, efficient operation are of primary importance.
The Community Development Agency (CDA) became responsible for the oversight of all
parking operations in the downtown. The last procurement for parking operator services
was completed in 2013 with the selection of SP+. The initial management agreement
with SP+ expired on April 30, 2015 and an amendment was approved to allow for the
agreement to continue on a month-to-month basis.
Request for Proposals
In June 2020, the City executed an agreement with the Walker Parking Consultants due
to their extensive background in parking consulting services for cities. Walker Parking
Consultants assisted staff in developing the Request For Proposal (RFP), obtain
proposals from qualified firms, conducted a pre-proposal meeting and site walk-through,
Agreement with ABM for Municipal Parking Facilities Operator
December 7, 2021
Page 2
2
2
5
3
answered written questions from potential bidders, reviewed proposals for technical
accuracy and RFP compliance, and assisted with budget review.
In April 2021, CDA released a Request for Proposal #21-046 and received seven
proposals to provide parking operating services. Requirements of the RFP included:
oversight of daily operation and management of the facilities, including, but not limited to:
invoicing and collection of monthly fees, collecting parking fees, activation of monthly
access cards, preparation of monthly utilization reports, garage revenue enhancement
options and maintenance of the structures and lot.
The proposals were evaluated by a rating committee composed of six representatives
from the following departments: City Manager’s Office, Community Development Agency,
Public Works Agency, Parks & Recreation Agency, and Finance & Management Agency.
The evaluations were based on several criteria including: responsiveness to RFP,
experience of firm and personnel, reasonableness of cost, and references. The maximum
score was 100 points. Table 1 below provides the ranking of each proposal.
Table 1
Rank Proposer
1 ABM
2 SP+
3 ACE
4 LAZ
5 PCI
6 Impark
7 PCA
The evaluation committee determined that ABM Parking Services was the top proposer
and received the highest overall ranking as a result of their proposal and oral
interview/presentation.
Parking Operator Information
ABM Parking Services presented a quality proposal and diligently addressed their
proposed operations, transition plan, management plan, and had the most reasonable
cost for the services. They are proposing to help the City manage the parking structures
while innovating technology, safety, efficiency, and provide excellent customer service to
the patrons of Downtown. Furthermore, ABM has effective auditing procedures, reporting
capabilities with data analytics, and revenue controls that will benefit Downtown Santa
Ana.
ABM Parking Services has been in business since 1909, beginning in the
janitorial/maintenance industry. They are a national parking company with their
headquarters in Los Angeles and a local office in Tustin. With over 50 years’ experience,
ABM Parking Services has one of the nation’s premier operators of parking facilities. They
currently provide similar parking operations and management services to over 2,000
Agreement with ABM for Municipal Parking Facilities Operator
December 7, 2021
Page 3
2
2
5
3
locations including the following: West Hollywood, Culver City, California Judicial Court
Administrative Office, Civic Center Towers (Santa Ana), colleges & universities, airports,
and hotels.
Overview of Terms
Following the evaluation process, staff entered into negotiations with ABM Parking
Services who has exceeded expectations and has more competitive rates, below are
some highlights of the cost savings and value-added service with ABM Parking Services.
ABM Parking Services offered a competitive management fee of $18,000 for the first year
and will waive the management fee for the first three (3) months of the agreement, plus
approved reimbursable costs such as payroll, maintenance, equipment, janitorial, etc.
The management fee for the subsequent years will be $24,000 with an approved and
negotiated increase tied to the local Consumer Price Index (CPI) rate (which typically
averages 5%) plus approved reimbursable costs (payroll, maintenance, equipment,
janitorial, etc.). ABM Parking Services provides an automatic annual cost savings of
$14,580 simply with the new management fee. The incumbent’s management fee
is $32,580 annually. The new parking operator is presenting an overall cost savings of
10% annually while helping increase revenue and provide augmented services.
ABM Parking Services has a strong financial foundation that provides City with a
competitive and reasonable rates for workers compensation, general liability insurance
rates, merchant processing fees that warrants an overall annual overhead savings of
10.5% with value added services. In an effort to reduce overhead cost and improve the
overall operation of the parking facilities, ABM Parking Services will assist in negotiating
maintenance service agreements and identifying innovative technology that provides for
a more pleasant parking experience. ABM Parking Services focuses on customer service
and will enhance cleaning services to include power washing, painting, marketing, and
automation of payment systems.
Below is a cost comparison that highlights the cost savings provided by ABM in
comparison to the existing costs.
Categories
(Annual Costs)
Current Parking
Operator
(Annual Costs)
ABM
(Annual Costs)
Annual Savings
Comparison
Salaries & Wages*$ 304,845 $ 281,036 $ 23,809
Payroll Tax & Fringe Benefits $ 133,319 $ 128,118 $ 5,201
Workers Compensation $ 85,207 $ 26,765 $ 58,442
General Liability Insurance $ 32,709 $ 16,542 $ 16,167
Management Fee $ 32,580 $ 18,000 $ 14,580
*Please note that employee wages for all union employees with at least one year of work will receive
an annual increase of 40 cents to their hourly rate, effective June 1, 2022, which will be incorporated
into the annual budget in 2022.
Agreement with ABM for Municipal Parking Facilities Operator
December 7, 2021
Page 4
2
2
5
3
Historically and due to practicality, the parking operator serves as the auxiliary for the City
in managing the entirety of the parking facilities including repairs, maintenance, and
equipment management, as well as collecting parking revenue, processing operational
expenses, and submitting net income payments to the City on a monthly basis.
ABM Parking Services will be required by the City to provide detailed financial reports
with supporting invoices for all expenses. The City reserves the right to disallow expenses
that are ineligible or exceed $500 without prior written approval by the City. The annual
expenses are projected to be $1,059,540 with a projected annual CPI increase of 5% (at
the City’s discretion and negotiation). The annual revenue is projected to be $1,796,410.
The estimated annual revenue is projected to cover the operational costs of the parking
facilities and allocate funds for several deferred maintenance items and augmented
services. Please note that the expenses and revenue are projections and may fluctuate.
Below is an excerpt of the agreement’s budget with expense and revenue projections for
the initial 5-year term and the optional five one-year extensions.
ABM Parking Operator
5 Year Budget Overview + Optional Year Budgets
Downtown Santa Ana Parking Facilities: Space 1892+/-
Agreement Years 1-5 Estimate Expenses Projected Revenue
Year 1 $1,059,540 $1,796,410
Year 2 $1,112,517 $1,796,410
Year 3 $1,168,143 $1,796,410
Year 4 $1,226,550 $1,796,410
Year 5 $1,287,878 $1,796,410
Optional Years 6-10 (if
approved by the City)Estimate Expenses Projected Revenue
Year 6 $1,352,272 $1,796,410
Year 7 $1,419,885 $1,796,410
Year 8 $1,490,880 $1,796,410
Year 9 $1,565,424 $1,796,410
Year 10 $1,643,695 $1,796,410
Total Year 1-10 Estimate Expenses Year 1-10 Projected Revenue
$13,326,785 $17,964,100
Important Note: The annual expenses are projected to start at $1,059,540.37 with a projected annual CPI
increase of 5% (at the City's discretion and negotiation). The annual revenue is projected to be $1,796,410
and is programmed to cover the operational costs of the parking facilities and allocate funds for several
deferred maintenance items and augmented services. Please note that expenses and revenue are
projections and may fluctuate.
Agreement with ABM for Municipal Parking Facilities Operator
December 7, 2021
Page 5
2
2
5
3
Transition
The transition plan includes a 30-day notice to the current parking operator during the
month of January 2022. During that 30-day window, ABM Parking Services will set-up the
procedures, administration, and employee retention and/or recruitment, while setting up
operations with the approval of City staff to become fully operational on February 1, 2022.
ABM Parking Services will meet weekly with City staff to execute the transition plan, meet
key stakeholders, begin repairing equipment, and provide augmented services to the
customers and facilities. Additional transitional plan details are available within the
attached agreement (Exhibit 1).
Based on the overall quality, thoroughness of the proposal, and competitive budget, staff
recommends the selection of ABM Parking Services to operate and manage the
downtown parking facilities.
FISCAL IMPACT
Funds in the amount of $109,500 for the management fees to ABM Parking Services are
available, and will be budgeted in future fiscal year budgets as follows:
Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 21-22
(Feb.-Jun.)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 3,000
FY 22-23
(July-June)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 20,500
FY 23-24
(July-June)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 24,000
FY 24-25
(July-June)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 24,000
FY 25-26
(July-June)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 24,000
FY 26-27
(July-Jan.)02718132-6233X Parking Fund Parking Facilities,
Contract Services $ 14,000
Total $109,500
The not to exceed amount of $13,326,785 includes the management fees and
reimbursable operating expenses for the five-year term and the optional extensions (total
of 10 years, if approved) as outlined in budget section of the agreement (Exhibit 1).
The parking operator will provide monthly reports and supporting documentation to the
City for review and in order for staff to record the summary transactions by parking facility
in the City’s financial system, for both the revenue and expenditure ledgers. ABM Parking
Services will submit payments to the City for net income generated on a monthly
basis. These net income payments will be recorded in the Parking Fund, Revenue
account nos. (02718002-various).
Agreement with ABM for Municipal Parking Facilities Operator
December 7, 2021
Page 6
2
2
5
3
If ABM Parking Services cost of operations exceeds the income generated for any given
month, the City will reimburse the operator for the difference from the same expenditure
accounts specified above.
EXHIBIT(S)
1. Agreement – Parking Operator Agreement
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
PARKING OPERATOR/MANAGEMENT AGREEMENT
FOR THE CITY OF SANTA ANA DOWNTOWN
PUBLIC PARKING GARAGES & SURFACE LOT
This PARKING OPERATOR/MANAGEMENT AGREEMENT (the "Agreement") is made and entered into on this
1st day of February, 2022, by and between the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ("Owner" or
"City") and ABM Industry Groups, LLC, dba ABM Parking Services, a Delaware limited liability company
("Operator").
RECITALS:
A. Owner presently owns five parking facilities located at Third and Broadway (Garage A), Fifth and
Spurgeon (Garage B), Third and Birch (Garage C), Fifth and Main (Garage D), and Third and Bush
(Lot 1), Santa Ana, California (collectively, the "Parking Facilities").
B. Owner has a need for an operator to oversee the management and operation of the Parking
Facilities.
C. Operator was selected pursuant to Request for Proposal #21-046 issued by Owner in April 2021
(“RFP”).
D. Operator represents that it is qualified and experienced in parking management and operation
and is available to oversee the management and operation of the Parking Facilities in a first-class
manner pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual and respective promises set forth
below, the parties do hereby mutually agree as follows:
This Agreement consists of:
1. Basic Agreement
2. Scope of Services/Response to RFP (Exhibit A)
3. Parking Facilities (Exhibit B)
4. Budget (Exhibit C)
5. Parking Facilities Fact Sheets (Exhibit D)
6. Operation and Maintenance Plan (Exhibit E)
Page 1
EXHIBIT 1
BASIC AGREEMENT
I
PREMISES
The Parking Facilities currently comprise four parking structures (containing approximately 1,892 parking
spaces) and one surface lot (containing approximately 54 parking spaces) as detailed in Exhibit B.
II
REPRESENTATIVESOFTHEPARTIES
AND SERVICE OF NOTICES
A. The representatives of the respective parties who are authorized to administer this Agreement and to
whom formal notices, demands, and communications will be given are as follows:
1. The representative of Owner will be, unless otherwise stated in this Agreement:
Julie Castro-Cardenas
Economic Development Specialist City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
With a courtesy copy to:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714-647-6956
2. The representative of Operator will be:
Stan Bochniak
Vice President, National Parking Sales
ABM Industry Groups, LLC
14201 Franklin Avenue
Tustin, CA 92780
With a courtesy copy to:
ABM Legal Department
LegalNotice@ABM.com
ATTN: Deputy General Counsel, Commercial
B. All notices, requests, demands, payments, or other communications required to be given hereunder will
be in writing and will be sufficiently given if mailed, by certified mail, postage prepaid, return receipt
requested, or overnight delivery addressed to the other party at the preceding address or such address as
may be given hereafter in writing to the other party by notice as aforesaid. Notices, demands, and
communications to be given hereunder by either party will be deemed communicated as of the date of
receipt.
Page 2
EXHIBIT 1
C. If the name of the persons designated to receive the notices, demands, or communications or the address
of such person is changed, written notice will be given, in accordance with this section, within five (5)
business days of said change.
III
SCOPE OF SERVICES - OBLIGATIONS OF OPERATOR
A. As directed by Owner, Operator will oversee and manage the day• to-day operations of and will maintain
the Parking Facilities in the manner of first-class parking facilities, in such a way as to maximize Gross
Revenue and to minimize Operating Expenses (as such terms are defined hereinafter), and in accordance
with the Scope of Services/Response to RFP attached hereto as Exhibit A (the "Services"). Operator will
provide all necessary materials, staff, expertise, and services required to carry out the Services in a first-
class manner.
B. All adjustments to the Scope of Services will be made through written amendments to this Agreement
signed by both parties, which may be subject to approval by the City Council for the City of Santa Ana.
C. Operator acknowledges and agrees that it has been retained by Owner for reasons that include Operator's
expertise with regard to safety and health hazards associated with the parking services to be performed
by Operator. Operator agrees that it has, and will have, sole responsibility for the health, safety, and
welfare of its employees and all other persons performing the parking services.
D. At all times while performing the parking services, Operator will comply with all applicable Owner health,
safety, security, and environmental procedures, policies, and guidelines and with all applicable laws,
regulations, ordinances, and codes applicable to the operation of the Parking Facilities that are now in
effect or that become effective during the Term hereof including, without limitation, the Americans With
Disabilities Act of 1990.
E. Operator will not make any alterations of any kind to the Parking Facilities, or any improvements inside
or outside the Parking Facilities without the prior written consent of Owner, which Owner may grant,
deny, or condition in its sole discretion. For clarity, Operator will not install any signage or modify any
existing signage without Owner's prior written consent, which Owner may grant, deny, or condition in its
sole discretion.
F. Operator will not use the Parking Facilities for any purpose other than as set forth in this Agreement.
Conversely, Owner reserves the right to itself and others for supplementary and complimentary uses,
including other revenue-generating activities, at Owner's sole discretion.
G. Prior to commencement of services, Owner shall provide in writing to Operator those areas of the Parking
Facilities that are controlled by the Owner ("Restricted Areas"). Operator will not enter or use those areas
without Owner's prior written consent, which Owner may grant, deny, or condition in its sole discretion.
The only exception to this absolute prohibition against entry is in the case of an emergency situation that
requires Operator to enter a Restricted Area in order to prevent imminent injury to a person or material
damage to the Parking Facilities. In such case, Operator will notify Owner as soon as possible to report the
entry and precipitating emergency.
H. Operator will not accept any advertising inside or around the Parking Facilities without Owner’s expressed
and written approval.
Page 3
EXHIBIT 1
I. Operator will not enter into any parking contract for the Parking Facilities without Owner's prior written
consent, which Owner may grant, deny, or condition in its sole discretion.
J. Operator agrees that if any related entity or subsidiary of Operator is contracted to provide valet parking
services for any entity (i.e. hotel, restaurant, or front door) in the vicinity of the Facilities during the Term
of the Agreement ("Outside Contracts"), Operator will promptly discuss such Outside Contracts with
Owner and, at Owner's request, will make every effort to store vehicles related to said Outside Contracts
within the Parking Facilities for a mutually agreed upon daily fee proposed by Operator and approved by
Owner. Operator will provide Owner with a copy of all agreements governing said Outside Contracts and
all revenue generated for the Parking Facilities from the storage of Outside Contract vehicles will be
accounted for and included on the monthly statement provided to Owner.
IV
OBLIGATIONS AND RIGHTS OF OWNER
A. Owner agrees that at the commencement of and throughout the Term of this Agreement, the Parking
Facilities (including but not limited to the roof, structural portions, and interior and exterior of any building
that is part of the Parking Facilities) will, at Owner's expense, be kept in good condition and repair for use
as parking facilities and be constructed and equipped to comply with all laws, regulations, ordinances, and
codes applicable to the ownership and maintenance of the Parking Facilities that are now in effect or that
become effective during the Term including, without limitation, the Americans With Disabilities Act of
1990, as applicable to the Parking Facilities.
B. Owner will provide the following:
1. Structural repairs and condition assessments of facilities.
C. Owner will have the right during the Term to modify the Facilities on a temporary or permanent basis for
any reason including, but not limited to the following:
1. To provide additional parking spaces.
2. To repair one or more sections of the Parking Facilities.
3. To increase the number of spaces available for parking by acquisition or devotion of additional land,
redesign, restriping, or otherwise.
4. To decrease the number of spaces or close the Parking Facilities for any purpose.
5. To convert all or part of the Parking Facilities to another use.
6. To add, remove, and/or change any type of parking equipment/technology.
7. To add, remove, or change parking duties/responsibilities of Operator.
Operator will work with Owner to accommodate these changes in its operation of the Parking Facilities.
Operator will also update the Operation and Maintenance Plan, which is incorporated herein as Exhibit E,
to accommodate any permanent changes; the revised Operation and Maintenance Plan will be subject to
approval by Owner. Any changes to the Operation and Maintenance Plan, or any other Exhibit attached
herewith, may be incorporated and attached to this Agreement administratively, without requiring formal
amendment of the Agreement, upon written approval of the updated Exhibit by Owner.
Page 4
EXHIBIT 1
V
TERM; TERMINATION
A. The term of this Agreement will commence on February 1, 2022, and continue for a term of five (5)
years through January 31, 2027 (the "Base Period"), with five options to extend the term for one (1)
additional year (each an "Option Period"), at the election of Owner (the Base Period and any Option
Period(s) will constitute the "Term" hereof).
B. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated at any
time, without cause or penalty, by either party upon at least sixty (60) days' prior written notice to the
other party; provided, however, if the Parking Facilities are sold, damaged, or destroyed, either partially
or totally, and Owner decides not to repair or rebuild, then either party may terminate this Agreement
upon thirty (30) days' prior written notice to the other party.
C. Owner shall have the right to immediately terminate this Agreement upon 24 hours written notice to
Operator in the event of any of the following:
1. Assignment of this Agreement by Operator without Owner's consent, provided, however, that transfer
or assignment by Operator to a direct or indirect subsidiary of ABM Industries Incorporated shall be
permitted.
2. The dissolution or termination of Operator's corporate existence (or one or more of the entities
constituting Operator, if applicable), including, without limitation, by way of merger.
3. The filing of a petition for relief in bankruptcy or for reorganization pursuant to any federal or state
law against Operator (or one or more of the entities constituting Operator, if applicable) (or an entity
which directly or indirectly controls Operator, if applicable) or Operator (or one or more of the entities
comprising Operator, if applicable) makes an assignment for the benefit of creditors or takes
advantage of any federal or state insolvency act, rule or law.
4. The dissolution of Owner or the sale of Owner's interest in the Project and conveyance of legal title
thereto, provided Owner has provided Operator with thirty (30) days’ prior written notice of such sale
or conveyance.
5. Any failure by Operator to observe or perform any provision, covenant or condition set forth in Section
VIII hereof.
6. Any failure by Operator to observe or perform any other provision, covenant or condition of this
Agreement to be observed or performed by Operator where such failure continues for five (5) days
after written notice of such failure from Owner to Operator, provided that if the nature of such default
is such that the same cannot be reasonably cured within a fifteen (15) day period, Operator shall not
be deemed to be in default if it diligently commences such cure within such period and thereafter
diligently proceeds to rectify and cure said default as soon as possible. Owner may also terminate this
Agreement upon written notice to Operator for cause, including, but not limited to, any criminal acts,
acts of defalcation, fraud, gross negligence, willful misconduct, or other material breach of fiduciary
duty to Owner by Operator in connection with the performance of Operator's obligations hereunder.
In the event of any such termination under this Section V.C, Owner shall retain all rights and remedies
it may have hereunder and at law or in equity.
Notwithstanding the provisions of this Section, Owner's termination pursuant to the terms of this
shall not be effective so long as Operator diligently commences to cure the applicable failure,
violation, and/or breach within five (5) business days following its receipt of notice therefor; provided
that if the nature of such failure, violation and/or breach is such that the same cannot reasonably be
cured within a five (5) business day period, Operator shall not be deemed to be in default if it diligently
Page 5
EXHIBIT 1
commences such cure within such period and thereafter diligently proceeds to rectify and cure such
failure, violation and/or breach, but in no event exceeding a period of time in excess of thirty (30) days
after written notice thereof from Owner to Operator.
D. Upon termination as stated above, City shall be liable to Operator only for work satisfactorily performed
by Operator up to and including the date of termination of this Agreement.
VI
COMPENSATION;REIMBURSEMENT
A. Management Fee. As compensation for Operator’s services hereunder, Owner will pay Operator a yearly
management fee (the "Management Fee") of eighteen thousand dollars ($18,000.00) for the first year
and twenty-four thousand dollars ($24,000.00) for the following years of the Term.
B. Reimbursement of Operating Expenses. In addition to paying the Management Fee, Owner will
reimburse Operator for approved expenses incurred in the operation, repair, and maintenance of the
Parking Facilities (the "Operating Expenses"), subject to the provisions of this Section VI.B. Operator will
use its best efforts to minimize Operating Expenses while still operating and maintaining the Parking
Facilities in a first-class manner. It is agreed that Operating Expenses may be increased with prior written
approval by the Owner due such factors beyond Operator's reasonable control, such as but not limited to
increases to minimum, prevailing or living wages, increases occasioned by government mandates
including the federal Affordable Care Act, increases to insurance and supply costs.
1. Operating Expenses will comprise the actual, submitted invoice indicating verifiable expenses
reasonably necessary to maintain, repair, and operate the Parking Facilities in accordance with the
Scope of Services, and will include the following; All expenses must be accompanied by an actual
invoice from the service/product provider, clearly showing the amount owed that corresponds to the
amount billed to the City, clearly stating the nature of the service/product received, and that is easily
auditable. Manually produced or provided invoices or information may not be provided in lieu of an
actual provider invoice and will not constitute acceptable backup for reimbursement of any expenses:
a. Salaries, wages, and payroll taxes for actual on-site labor at the Parking Facilities; provided that
Operator will invoice Owner for salaries at the overtime premium rate only when overtime
premium services have been specifically authorized in writing in advance by Owner. If an open
position must be temporarily filled by Operator with a fully trained parking attendant not regularly
assigned to the Parking Facilities and the attendant's prior work schedule requires payment at an
overtime premium rate, Operator will compensate the attendant at the appropriate rate of pay but
will invoice Owner only at the attendant's regular straight-time rate of pay.
b. Health, welfare and pension, and retirement benefits, and other funds that Operator is required to
pay in accordance with governmental regulations, a Collective Bargaining Agreement or Operator's
employee benefits program for the personnel exclusively engaged in the management and
operation of the Parking Facilities.
c. Workers' compensation insurance for on-site labor at the Parking Facilities.
d. General liability and garage-keeper’s legal liability insurances attributable to the Parking Facilities.
e. Parking tickets for Skidata PARCS and supplies used by the Parking Facilities.
Page 6
EXHIBIT 1
f. Utilities directly associated with operating the Parking Facilities (the direct cost of electricity,
telephone, cable or ISDN, other required data lines and water used exclusively at the Parking
Facilities).
g. Equipment repair andmaintenance.
h. General cleaning andmaintenance (per Exhibit E).
i. Painting and re-striping of the ParkingFacilities.
j. City of Santa Ana business license and all necessary permits and fees, including a police permit.
i. Operator will obtain, retain, and renew all permits and licenses required by any public or quasi-
public authority or agency as a condition to the use and operation of the Parking Facilities as public
parking facilities and storage facilities for motor vehicles including, but not limited to, a Santa Ana
business tax certificate.
j. All taxes that may be levied or charged upon the Parking Facilities, including, but not limited to the
following:
i. The Possessory Interest Tax as levied by and payable to the County of Orange, based upon the
County's formula for taxing Operator'spossessory interestin the Parking Facilities by the award
of this Agreement, if the County Assessor deems that such a possessory interest exists.
ii. All taxes that may be levied or charged upon the rights of Operator to perform the service of
operating parking facilities in the City of Santa Ana or upon Operator's improvements,
equipment, fixtures, facilities, or other propertythereon.
k. Telecommunications, data processing, and postage attributable to the Parking Facilities.
l. Marketing of the Parking Facilities.
m. Armored car services.
n. Uniforms.
2. Operating Expenses will not include, and Operator will not be entitled to reimbursement for, the
following:
a. Any payments to affiliates of Operator exceeding an amount that would have been paid to a
third-party for similar services.
b. Operator's general overhead expenses.
c. Administrative and related costs and expenses incurred in the operation of the Parking
Facilities or other operations of Operator, as they are incurred in the general management of
the affairs of the Parking Facilities or Operator's other operations, including the monitoring of
the operation and management of the Parking Facilities.
Page 7
EXHIBIT 1
d. Maintenance of the general books and records of Operator.
e. Office supplies and equipment used by Operator that are not used exclusively for the Parking
Facilities.
f. Payroll markups by Operator.
g. The cost of compensation for any personnel above the level of Garage Manager working at
the Parking Facilities in any capacity other than as a full or part-time employee with direct
responsibility for the Parking Facilities.
h. Computer expenses, administrative mark-ups, or travel expenses related to the management
of the Parking Facilities.
i. The cost of any managers, supervisors, or couriers not employed at the Parking Facilities on a
full-time basis.
j. Off-site supervision.
k. Pro-rated home-office costs.
l. Transportation costs to/from ParkingFacilities.
m. Training costs, e.g., training manuals andvideos.
n. Personnel recruitment costs.
o. Internal audit costs.
3. In order to be reimbursed, Operator must obtain prior written approval of the amount of all Operating
Expenses from Owner, which approval will not be unreasonably withheld, conditioned, or delayed. In
determining the reasonableness of Operating Expenses, Owner will evaluate the Operating Expenses
in light of the expenses required to operate, maintain, and repair comparable parking facilities of a
first-class nature in the vicinity of the Parking Facilities.
4. It is expressly understood and agreed that the total reimbursement for all Operating Expenses will not
exceed what is reflected in the approved Budget (Exhibit C) during the Term unless otherwise provided
by written amendment to this Agreement.
5. Other than payroll, Operator will not contract or purchase any one item that exceeds $500.00 in cost
or any item the cost of which exceeds the amount set forth in the approved Budget without the prior
written approval of Owner. Any rebate or discount obtained by Operator in connection with this
Agreement will be the property of Owner.
6. In addition to the Monthly Statements required in the Scope of Services, Operator will submit quarterly
status reports to Owner evaluating the current efficiency of the operations of the Parking Facilities,
indicating any potential impediments to Owner's goal of minimizing Operating Expenses and making
recommendations regarding changes to the Scope of Services to reduce Operating Expenses.
Page 8
EXHIBIT 1
7. If this Agreement is terminated before Operator receives reimbursement in full for any Operating
Expenses actually paid by Operator, Owner will reimburse Operator for such approved Operating
Expenses as a condition of termination.
D. The total amount of compensation paid by Owner to Operator during the Term of the Agreement, including
any possible Management Fee Adjustments or Operating Expenses Reimbursements as detailed herein,
shall not exceed Thirteen Million Three Hundred and Twenty-Six Thousand and Seven Hundred and Eighty
Five Dollars ($13,326,785.00).
E. On a monthly basis, Operator shall use the parking revenue generated to collect its Management Fee and
Operating Expenses Reimbursements. Operator shall then submit payments to Owner for the remaining
net income generated on a monthly basis. Operator shall also provide monthly reports and supporting
documentation to Owner reflecting gross revenues collected by Operator and total operating expenses
incurred by Operator.
F. If Operator’s expenses exceed the income generated for any given month, Operator shall submit an invoice
to Owner for the difference. Payment by City shall be made within forty-five (45) days following receipt
of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for that which fails to meet the standards of performance that may be reasonably expected by
City.
VII
EMPLOYEES, AGENTS, AND SUBCONTRACTORS OF OPERATOR
A. Parking Facilities Personnel and Hourly Rates.
1. Owner will compensate Operator for key personnel and staff initially based on the fully burdened
hourly rates included in Form C (Staffing Schedule) during the first twelve months of the Base Period,
subject to reasonable and mutually agreed upon cost-of-living increases over the remaining course of
the agreement as approved, in writing, by Owner.
2. Hourly rates for staff represent an averagerate.
B. Operator will provide in each Monthly Statement a schedule of employee positions to be employed
on-site in the direct management of the Parking Facilities. The staffing schedule will include the
employee's name, lot/position scheduled at, days/hours scheduled, job titles, hourly wage rates, and
salaries.
C. Any employee hired by Operator will be subject to and must pass a background check administered
by Operator.
D. Operator will at all times be solely responsible for the acts and omissions of all employees, agents,
and other persons under its control performing any of the Parking Services. Operator will at all times
maintain strict discipline among its employees and will not employ any person lacking the requisite
skills for the particular assignment.
Page 9
EXHIBIT 1
VIII
INSURANCE
Operator shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder and the results of that work by the Operator, its agents, representatives, employees, or
subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or
the general aggregate limit shall be twice the required occurrence limit:
Such policy will protect the City of Santa Ana as additional insured entities against
incurring any legal cost in defending claims for alleged loss subject to all the terms and
conditions of the commercial general liability policy. Excess insurance that complies with
the general insurance requirements set forth below may be used to provide the required
coverage limits.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1
(any auto), or if Operator has no owned autos, Code 8 (hired) and 9 (non-owned), with
limit no less than $1,000,000 per accident for bodily injury and property damage. (Note
– required only if an automobile is used in performance of work.)
3. Workers’ Compensation and Employer’s Liability Insurance: Workers’ compensation
insurance having limits not less than those required by the Labor Code of the State of
California and federal statute, if applicable, and Employer’s Liability covering all persons
entering the site to perform work thereupon and/or employed by Operator and
Operator’s contractors in the conduct of its operations at the Parking Facilities (including
the “all states” and volunteers endorsements, if applicable), in minimum limits of not less
than $1,000,000 per incident covering accidental death, bodily injury, illness, and disease.
4. Crime Insurance and Network Security and Privacy Liability: with limits no less than
$1,000,000 per occurrence which include employee dishonesty and theft, disappearance
and destruction of money and securities information theft, damage to or destruction of
electronic information, release of private information, alteration of electronic
information, extortion and network security. These policies shall provide coverage for
breach response costs as well as regulatory fines and penalties as well as credit
monitoring expenses with limits sufficient to respond to these obligations.
5. If the Operator maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Operator. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to contain, the
following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to
Page 10
EXHIBIT 1
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 Operator 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 Operator’s insurance (at
least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20
38; and CG 20 37 forms if later revisions used).
2. Primary Coverage: For any claims related to this contract, the Operator’s insurance
coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 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 Operator’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage
shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Operator hereby grants to City a waiver of any right to subrogation
which any insurer of said Operator may acquire against the City by virtue of the payment
of any loss under such insurance. Operator agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the
City. The City may require the Operator to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured
or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a claims-made
basis:
1. The Retroactive Date must be shown and must be before the date of the contract
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 contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the
Operator must purchase “extended reporting” coverage for a minimum of five (5)
years after completion of contract work.
8. Verification of Coverage: Operator shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Operator’s obligation to provide them. City reserves the
Page 11
EXHIBIT 1
right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Subcontractors: Operator shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Operator shall ensure that City
is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
IX
INDEMNITIES
A. Operator will release, indemnify and defend (with counsel reasonably acceptable to the Indemnitees)
Owner, the City of Santa Ana, California, and their respective members, managers, partners, officers,
directors, affiliates, representatives, funders, agents, employees, successors and assignees (collectively,
"Indemnitees") , from and against any and all claims, demands, damages, losses, lawsuits and other
proceedings, judgments, causes of action, liabilities, claims of lien, liens, and expenses civil or criminal
penalties and charges, costs (including, without limitation, reasonable attorneys', contractors' and
experts' fees and costs) (collectively, "Claims") to the extent such Claims are caused by Operator's
performance of the Parking Services, including: (i) Operator's breach of any of its obligations or
representations under this Agreement, (ii) willful misconduct or any negligent act, error or omission of
Operator, or personnel under its control including its partners, members, managers, agents, officers,
directors, representatives, employees and anyone for whose acts or omissions Operator may be liable, in
connection with the performance or conduct of the Services; (iii) any injury or death of any person
(including, without limitation, injury or death of Operator's employees, agent, invitees, assignees,
contractors or subcontractors) or damage or destruction of the property of any person or entity that is
caused by Operator's or Operator's agents or employees' performance of Services under the Agreement
or otherwise provided by Operator or Operator's agents or employees to the Parking Facilities, or any
other act or omission of such parties, but only to the extent such are caused by Operator's negligence;
and (iv) any alleged or actual violations by Operator or Operator's agents or employees of any law,
ordinance, rule or regulation governing or otherwise affecting the business operations of Operator or
Operator's performance of services and obligations under the Agreement. Notwithstanding the foregoing,
Operator shall have no obligation to indemnify and defend Indemnitees from any Claims caused by
Indemnitees’ gross negligence or willful misconduct. The duty to defend referenced herein is wholly
independent from the duty to indemnify, arises upon written notice by City to Contractor of a claim within
the potential scope of this indemnification provision.
B. Notwithstanding anything in Section IX.A. to the contrary, all of the Indemnitees retain the right to defend
any such Claims through counsel of their own choosing when the Indemnitee reasonably determines there
is a conflict of interest between Operator and such Indemnitee, and (so long as such Indemnitee gives
Operator at least thirty (30) days' notice of the terms of the proposed settlement thereof and permits the
Operator to then undertake the defense thereof) to settle such Claim, and to recover the amount of such
settlement or of any judgment and the reasonable costs and expenses of such defense from Operator.
Operator will, upon receipt of notice of any Claim, promptly take all action necessary to make a claim
under any applicable insurance policy or policies Operator is carrying and maintaining; however, if
Operator fails to take such action as is necessary to make a claim under any such insurance policy, Operator
will release, indemnify and defend the Indemnitees from any and all costs, charges, expenses, and
liabilities incurred by them in making any claim on behalf of Operator under any insurance policy or policies
Page 12
EXHIBIT 1
required pursuant to Section VIII hereof.
C. The obligations described in this Section IX will not be construed to negate, abridge, or otherwise reduce
any other right or obligation of indemnity that would otherwise exist as to any Indemnitee.
D. In all Claims against one or more Indemnitees by any employee of Operator, anyone directly or indirectly
employed by Operator, or anyone for whose acts Operator may be liable, the indemnification obligation
under this Section VIII will not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for Operator under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
X
ADDITIONAL TERMS AND CONDITIONS
A. Laws, Rules, and Regulations.
1. Operator shall be licensed by the State of California and shall hold any and all other licenses or
certifications required by state or local law or regulation.
2. Operator shall secure and pay for all permits and licenses required in the performance of Contractor's
services.
3. Operator represents and covenants that neither it nor its employees and agents have offered or will
offer, directly or indirectly, any illegal bribe, kickback, or other improper or illegal payment to any
person.
4. Owner shall use its reasonable best efforts to advise Operator of all safety and health-related
requirements and procedures concerning the Parking Facility and/or Project known to Owner, in
writing, at the time of entering into this Agreement and periodically, as necessary, to assure that
Operator is aware of any such hazardous conditions. However, Owner's failure to so advise Operator
shall not lessen or excuse Operator's obligation to use due care and caution in the performance of
Operator's Work.
B. Independent Contractor. Operator will at all times be solely responsible for all means, methods,
techniques, sequences, and procedures of the Services. Operator acknowledges and agrees that none of
its agents, employees, or subcontractors will be, or be deemed to be, the agent, employee, or
subcontractor of Owner for any purpose whatsoever, and that there is no intention to create an employer-
employee relationship for any purpose whatsoever by this Agreement. Operator agrees that the Owner
will have no duty, liability, or responsibility of any kind to or for the acts or omissions of Operator's agents,
employees, or subcontractors. No employee of Operator will be entitled to any benefits of an employee
of Owner, including without limitation the right to participate in any insurance, retirement, or other
benefit plans of Owner.
C. Harmony Clause.
1. Right to Award Contracts. It is understood and agreed that Owner may award contracts and employ
labor without discrimination as to whether their contractors, their contractors' employees, or Owner's
Page 13
EXHIBIT 1
employees are members or nonmembers of any labor organization.
2. Labor Disputes. Operator agrees not to participate in or encourage any cessation of Work, which may
occur as a result of a labor dispute. Should there be a work stoppage or shutdown which involves the
participation of Operator's personnel, whether as a result of a dispute with Operator or due to third
party actions involving informational or organizational picketing or picketing by any labor organization
against any other employer, Operator agrees to take appropriate and prompt action to provide
qualified personnel to perform the Work. In the event Operator is unable to provide said personnel,
Owner may offset such expense incurred by Owner in providing the Work against monies currently
owed or owed in the future to Operator. Operator agrees to take appropriate, prompt action to
minimize delay by fully cooperating in the obtaining of injunctions, presentation of facts, furnishing
witnesses and assisting in every reasonable way to eliminate any work stoppage or the effect of any
work stoppage.
3. Harmonious Relations. Operator shall only employ labor for the Project or in connection with the
Work capable of working harmoniously with all trades, crafts, and any other individuals associated
with the Project. The Operator shall also use its best efforts to minimize the likelihood of any strike,
work stoppage, or other labor disturbance. Operator shall comply with all requirements of OSHA and
shall indemnify and hold the Owner and the Owner Parties harmless from any losses or damages it
incurs that are caused by Operator's failure to comply with OSHA requirements.
D. No Authority. Operator will not have the power or authority to bind or commit Owner in any manner.
E. Prohibited Interests. Operator warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for Operator, to solicit or secure this contract and that it
has not paid or agreed to pay any company or person, other than a bona fide employee working solely for
Operator, any fee, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this contract. For violation of this warranty, the City shall have the
right to annul this contract without liability.
1. Operator agrees that, for the term of this Contract no member, officer, or employee of the City, or of
a local public body during his/her employment for one (1) year thereafter, shall have any interest,
direct or indirect, in this contract, or to any benefit arising thereof.
2. The employment by Operator of personnel on the City's payroll will not be permitted in the execution
of this contract, even though such employment may be outside of the employee's regular working
hours or on Saturdays, holidays, or vacation time; further, the employment by the Operator of
personnel who have been on the City's payroll within one (1) year prior to the date of contract award,
where such employment is caused by and/or dependent upon Operator securing this or related
contract with the City, is also prohibited.
F. Anti-Lobbying Provision. During the period between proposal/ sealed bid submission date and the
contract award, proposers, including their agents and representatives, shall not directly discuss or
promote their proposal with any member of the City of Santa Ana City Council or staff except in the course
of City-Sponsored inquiries, briefings, interviews, or presentations, unless requested by the City.
1. This provision is not meant to preclude offerors from discussing other matters with City Council
members or City staff. This policy is intended to create a level playing field for all potential offerors,
Page 14
EXHIBIT 1
assure that contract decisions are made in public, and to protect the integrity of the RFP/Bid
Evaluation process. Violation of this provision may result in rejection of the offeror's proposal.
G. Payment of Taxes and Contributions:
1. Operator will pay any and all taxes and contributions assessed against Operator for Unemployment
Insurance, Retirement Benefits, Pensions, and Annuities now imposed, or hereafter imposed by any
governmental unit, that is measured by wages, salaries or other remuneration paid to persons
employed by Operator in connection with the Services and this Agreement.
2. Operator hereby accepts and assumes exclusive liability and shall indemnify, protect, and hold
harmless Owner from and against the payment of all sales, use, personal property, and any other
taxes (including interest and penalties thereon) required by any Federal, State, County, Municipal or
other law, to be paid or collected by the Operator or any of its subcontractors or vendors, or any other
person or persons acting for, through or under Operator, or any of them, by reason of the
performance of services hereunder, or the acquisition, ownership, furnishing or use of any materials,
equipment, supplies, labor, services or other items, for and in connection with the services to be
performed by Operator hereunder.
H. Right to Audit and Records Retention: Upon reasonable notice to Operator, Owner or its designee will have
reasonable access during regular business hours of the Parking Facilities to all books, accounts, record,
reports, minutes, files pertaining to the operation, maintenance, and repair of the Parking Facilities for the
purpose of making reasonable spot checks, observations, surveys, audits, examinations, excerpts, and/or
transcripts.
1. Operator will retain all books, accounts, records, daily cash receipts (tickets, cash register tapes,
cashier reports, etc.), monthly parking and validation sales logs, reports, payroll and timecards,
minutes, files, and other pertinent data for a minimum period of five (5) years after the end of each
particular year to which such items pertain unless authorization to remove the records sooner is
granted in writing by the Owner.
2. Upon reasonable notice to Operator, Owner's designee may examine any of Operator's records
relating to the management and operation of the Parking Facilities and will have the right to audit the
same at any time during the Term of this Agreement and for a period of five (5) years after the
termination or expiration of this Agreement at the location within Orange County where such records
are stored during normal business hours. However, Owner’s audit rights shall not include the right to
audit the makeup of fixed price costs or fixed rates agreed upon by Owner. The cost of any such audit
will be borne by Owner unless such audit discloses an error or inaccuracy in favor of Operator in excess
of five percent (5%) of stated income or expense, in which case Operator will pay for the cost of such
audit. Additionally, interest (at 8%) on the amount disclosed in the audit, plus an administrative fee
at $100 per hour will be applied. Any adjustment in amounts due or owing by either Owner or
Operator will be paid within fifteen (15) days following receipt of the audit report. The provisions of
this Paragraph will survive the expiration or termination of this Agreement.
3. Operator will account for all tickets issued on a monthly basis as part of the monthly operating
statement. Missing tickets deemed to be outside of the acceptable range (2%), as solely determined
by Owner, will be assessed against the Operator's monthly management fee at a rate of the daily
maximum value of each missing ticket.
Page 15
EXHIBIT 1
4. If Owner disputes any expense item of reimbursable cost, Owner shall give Operator written notice
specifying the item disputed and the reason. Payment for any items of expense or reimbursable costs
which are not disputed shall not be withheld. The parties shall, in good faith diligently pursue
resolution of any disputed item within (30) days of said notice.
I. Confidentiality of Owner’s Records: Operator acknowledges that certain information disclosed by Owner
to Operator for purposes of performing Work, or which comes to the attention of Operator during the
course of performing such Work, constitutes a valuable asset of and is proprietary to Owner. Operator also
acknowledges that Owner, as a party in the business community, may have fiduciary responsibilities to its
tenants or customers to keep tenants' and customers' records confidential and proprietary. Operator shall
not disclose any information designated by Owner as confidential or knowingly permit its employees,
officers, or agents to disclose said information to any person or entity not having a specific need to know
as required in performance of Work authorized by Owner. Operator further agrees to instruct its
employees, officers, and agents not to sell, lease, assign, transfer, or reveal to any organization, company,
or individuals any said information, whether oral or written, without prior written consent of Owner, and
agrees to take all reasonable steps necessary to ensure fulfillment of this obligation. In the event that a
subpoena or other legal process is served upon Operator that in any way concerns information disclosed
by Owner to Operator, Operator agrees to notify Owner immediately upon receipt of such subpoena or
other legal process and shall cooperate with Owner at Owner’s expense, in any lawful effort by Owner to
contest the legal validity of such subpoena or other legal process.
J. Hazardous Waste and Improvements: Operator will not commit or suffer any waste or hazardous materials,
in the Parking Facilities, except for such cleaning agents and other solvents (including oil absorbent) that
are customarily used in the maintenance and operation of facilities similar to the Parking Facilities and/or
customarily incident to the operation of such facilities (such as vehicle exhaust and other emissions and
incidental fuel and/or other fluid leakage (collectively, the "Permitted Substances"), and provided that
Operator handles and stores all such Permitted Substances in a responsible manner in accordance with any
applicable laws. For purposes of this Agreement, "Hazardous Materials" are those listed in Division 4,
Chapter 30, Article 9 of Title 22, California Administrative Code, or those that meet the toxicity, reactivity,
corrosivity, or flammability criteria of Article 11 of the above code, or any other contaminants, pollutants,
toxic substances, or related materials that pose a hazard to health or the environment.
K. Surrender: Upon expiration of the Term of this Agreement by lapse of time or otherwise, Operator agrees
that it will immediately surrender to Owner the Parking Facilities, together with all improvements and
appurtenances in connection therewith, in good condition, reasonable wear and tear and damage beyond
the control of Operator excepted. Nothing contained herein will prohibit Operator upon termination of
this Agreement by lapse of time or otherwise from removing its personal property from the Parking
Facilities (unless Owner has paid for such property), provided that Operator repairs any damage that may
be caused to the Parking Facilities by such removal. Upon termination of this Agreement by lapse of time
or otherwise, all Parking Control Equipment will continue to be the property of Owner.
L. No Waiver, etc., by Owner or Operator: Failure by Owner or Operator to exercise any right, power, or
remedy upon a breach of any term of this Agreement or the receipt by Owner or Operator of any full or
partial payment of money or any other consideration payable hereunder during the continuance of any
such breach will not constitute a waiver of such breach. Nor will any such failure or acceptance of money
by the Owner or Operator waive Owner's or Operator's respective rights with respect to any other or
subsequent breach.
M. Owner's and Operator’s Remedies, etc., Cumulative: Each right, power, and remedy of Owner or Operator
Page 16
EXHIBIT 1
provided in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise will
be cumulative and concurrent and will be in addition to every other right power or remedy provided in this
Agreement or now or hereafter existing at law or in equity, or by statute, or otherwise. The exercise by
Operator or Owner of any one or more of the rights, powers, or remedies existing in this Agreement, or at
law or in equity, or by statute, or otherwise, will not preclude the simultaneous or later exercise by the
other party of any or all such other rights, powers, or remedies.
N. Acceptance of Surrender: No modification, termination, or surrender of this Agreement or surrender of the
Parking Facilities and/or any or all of the improvements thereon, or any part thereof, or of any interest
therein by Operator will be valid or effective unless agreed to and accepted in writing by the Owner. No
act by any representative or agent of Owner other than the execution of a written agreement by Owner
will constitute an acceptance thereof.
O. Force Majeure Delay in Performance for Causes Beyond Control of Party: In addition to any other specific
provisions of this Agreement, performance by either party hereunder will not be deemed to be in default
where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires,
casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes,
lack of transportation, governmental restrictions or priorities, unusually severe weather, inability to secure
necessary labor, materials or tools, delays of any contractor, subcontractor or supplier, acts of the other
party, acts or failure to act of any public or governmental agency or entity of any other causes beyond the
reasonable control or without the fault of the party claiming an extension of time to perform.
P. Liens and Encumbrances: Operator agrees to protect Owner from all liens for payment of labor performed,
materials supplied or used by Operator and/or other persons in connection with the services undertaken
by Operator hereunder, and shall not at any time during the term of this Agreement suffer or permit any
lien, attachment or encumbrance to be imposed by any person, firm or corporation upon the Parking
Facility and/or Project, as applicable or any improvements thereon, by reason of any claim or demand
against Operator.
Q. Budget: On or before ninety days prior to each March 31 during the Term of this Agreement, Operator will
submit to Owner a budget projection (the "Budget") for the ensuing fiscal year (Exhibit C), covering the
next July 1 through June 30 period. The Budget will include a detailed projection of gross revenues and
operating expenses. Each such proposed Budget, prior to adoption and implementation by Operator, will
require the written approval of Owner. Any Budget so approved by Owner will become the Budget for the
ensuing fiscal year and will form the basis on which Operating Expenses are incurred in that fiscal year. The
Budget for any fiscal year may only be amended in writing, subject to the written approval of Owner. All
expenses will be charged to the proper category in the Budget, and no expenses may be classified or
reclassified for the purpose of avoiding an excess in the budgeted amount of a category. Owner reserves
the right to revoke its approval of any budgeted item at any time upon thirty (30) days’ written notice.
Upon receipt of written notice of such revocation, Operator will not thereafter cause expenditure to be
made or a liability incurred for such item. In this latter regard, all employment contracts, if any, entered
into by Operator at Owner's expense will be on a week-to-week basis and no supply or service contracts
that provide for the supply of equipment, merchandise, or other services over a period of time that exceeds
one (1) month will be entered into without Owner's prior written approval of same.
R. Equipment and Improvements: Operator may, with Owner's prior written approval, purchase and have
installed equipment or improvements that the parties agree should be installed as part of the operational
requirements for the Parking Facilities. Before the approval process, Operator will procure competitive
pricing bids to purchase said equipment or improvements. The bids will be compiled in a comprehensive
Page 17
EXHIBIT 1
fashion complete with Operator's recommendations and submitted to Owner for review. The Owner in its
sole discretion may grant, deny, or condition approval of the proposed equipment or improvement. Title
to equipment and improvements so purchased and installed by Operator will vest in Owner upon
installation, subject to reimbursement. The total cost thereof (including delivery and installation costs and
taxes) will be reimbursed to Operator by Owner within thirty (30) days after receipt of Operator's
statement showing the description and cost of each site.
1. ReplacementofEquipment: Operator will immediately notify Owner if any equipment or device in the
Parking Facilities requires repair or replacement. If any equipment requires replacement, Operator will
obtain three (3) bids for the replacement equipment. Operator will request and obtain Owner's
approval in writing before replacing the equipment in accordance with the Scope of Services.
S. Patents and Trademarks. Operator represents that it is the owner of, or fully authorized to use, any and all
services, processes, machines, articles, marks, names, or slogans used by it in the Parking Facilities.
T. Choice of Law. The rights and duties arising under this Agreement will be governed by the internal laws of
the State of California without regard to its choice of law rules. Any claim or dispute between the parties
under or in connection with this Agreement will be filed and heard in the Superior Court of California in
and for Orange County. The parties hereby consent to personal jurisdiction of the Orange County Superior
Court.
U. Assignment. Owner will have the right to assign this Agreement without the prior written consent of
Operator, but shall provide Operator with no less than thirty (30) days’ written notice of such assignment.
Operator, however, will not assign or transfer this Agreement or its right, title, or interest herein without
the prior written consent of Owner, provided, however, that transfer or assignment by Operator to a direct
or indirect subsidiary of ABM Industries Incorporated shall be permitted. A sale, merger, or other
transaction or series of transactions that result in the transfer of 50% or more of the outstanding voting
equity interests of Operator will constitute an assignment requiring the prior written consent of Owner for
purposes of this Agreement.
V. Transfers. If all or any portion of the Project is at any time sold or otherwise conveyed to a new Owner,
and Owner does not elect to terminate this Agreement effective concurrently with the conveyance of all
or a portion of the Project, Operator agrees that this Agreement shall be deemed assigned to the new
Owner as of the effective date of such sale or other conveyance, and Owner shall be released from any
further obligations with respect to the payments of any sums due under the terms of this Agreement after
the effective date of assignment.
W. Attorney's Fees. Should either party bring suit to enforce any of the terms of this Agreement, the prevailing
party will be entitled to reimbursement by the issuing party of its reasonable attorney's fees and legal
expenses.
X. Taxpayer Identification Number. Operator shall provide City with a complete Request for Taxpayer
Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.
Y. Applicable Laws, Codes, and Regulations. Operator shall perform all work in accordance with all
applicable laws, codes, and regulations required by all authorities having jurisdiction over such work.
Z. Modification of Agreement. This Agreement may not be modified, nor may any of the terms, provisions,
or conditions be modified or waived or otherwise affected, except by a written amendment signed by all
Page 18
EXHIBIT 1
parties hereto, or as referenced elsewhere in this Agreement.
AA. Integrated Agreement. This Agreement represents the entire Agreement between City and Operator
regarding the subject matter hereof and constitutes a complete and exclusive statement of the terms of
the agreement between the parties with respect to the subject matter. No verbal agreement or implied
covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the
benefit of the parties to this Agreement, and any subsequent successors and assigns.
BB. Nondiscrimination in Employment. Operator will not discriminate against any employee or applicant for
employment because of race, color, religion, creed, national origin, ancestry, disability, actual or perceived,
medical condition, age, marital status, gender, gender identity, sex, sexual orientation, Acquired Immune
Deficiency Syndrome· (AIDS), actual or perceived, or retaliation for having filed a discrimination complaint
("Nondiscrimination Factors"). Operator will take affirmative steps to ensure that applicants are employed
by Operator, and that its employees are treated without regard to the Nondiscrimination Factors during
employment including, but not limited to, activities of: upgrading, demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation (including
without limitation bereavement leave, family medical leave, health benefits, membership or membership
discounts, moving expenses, pension or retirement benefits, and travel benefits); and selection for training,
including apprenticeship. Operator agrees to post in conspicuous places, available to its employees and
applicants for employment, the applicable nondiscrimination clause set forth herein. The parties hereby
incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 29 C.F.R. Part 471, Appendix A to Subpart A, 41
C.F.R. § 60-300.S(a) and 41 C.F.R. § 60-741.S(a), if applicable.
This contractor and subcontractor shall abide by the requirements of 41 C.F.R. §§§ 60-1.4, 60-300.S(a) and
41 C.F.R. § 60-741.S(a). These regulations prohibit discrimination against qualified minorities, women,
protected veterans, and qualified individuals on the basis of disability, and require affirmative action by
covered prime contractors and subcontractors to employ and advance in employment qualified minorities
and women, protected veterans, and qualified individuals with disabilities.
1. Operator will ensure that its solicitations or advertisements for employment are in compliance
with the aforementioned nondiscrimination factors; and
2. Operatorwill causetheforegoing provisions tobeinserted in all subcontracts it may enter in
connection with its performance of Services.
CC. Entire Contract: This Agreement, including Exhibits A through E, constitutes the entire agreement between
the parties hereto. This Agreement is not subject to modification, except in writing, and contains the entire
agreement of the parties with respect to the matters covered by this Agreement and no other agreement,
statement, or promise made by any party, or to any employee, officer, agent of any party, that is not
contained in this Agreement will be binding or valid.
DD.Effective Date. The effective date of this Agreement is the date it is signed on behalf of City. This Agreement
shall remain in full force and effect until amended or terminated; provided that the indemnification and
hold harmless provisions shall survive the termination.
EE. Headings. The titles of paragraphs of this Agreement are inserted herein as a matter of convenience, and
for reference only, they in no way define, limit, or describe the scope of this Agreement, or the intent of
any provision hereof, and are not to be considered in construing the provisions of this Agreement.
Page 19
EXHIBIT 1
FF. Agreement. It is understood that there are no oral agreements or representations between the parties
hereto affecting this Agreement, and this Agreement and any Exhibits attached hereto supersede and
cancel any and all previous negotiations, arrangements or representations and understandings, if any,
between the parties hereto. There are no representations or warranties between the parties except as
expressly set forth in this Agreement and all reliance with respect to same is solely upon the
representations and agreements contained in this Agreement.
GG.Time is of Essence. Time is of the essence in this Agreement and each and every provision hereof. All the
terms, covenants and conditions contained in this Agreement to be performed by either party, if such
party shall consist of more than one person or organization, shall be deemed to be joint and several, and
all rights and remedies of the parties shall be cumulative and non-exclusive of any other remedy at law or
in equity.
HH.Words and Symbols. Whenever the words and symbols “and/or” are used in this Agreement, it is intended
that this Agreement by interpreted and the sentence, phrase, or other part be considered in both its
conjunctive and disjunctive sense, and as having been written twice, once with the word “and” inserted,
and once with the word “or” inserted, in the place of said words and symbol “and/or.”
II. Gender. Words of any gender used herein shall include any other gender and singular words include the
plural and vice versa, and references to a "person" or "party" includes persons, firms and corporations,
and other types of entities or organizations unless in each case, the sense otherwise requires. The term
"Owner," as used herein, means only the Owner for the time being of the Buildings, the Parking Facility,
and/or Project, as applicable, to which this Agreement relates.
JJ. Language Inclusive. The use of the word "including," when followed by any general statement, term, or
matter, will not be construed to limit such statement, term, or matter to the specific items or matters set
forth immediately following such word or to similar items or matters, but rather will be deemed to refer
to all other items or matters that could reasonably fall within the broadest possible scope of such general
statement, term, or matter.
KK. Advertising. Operator shall not use Owner’s name or refer to Owner directly or indirectly in any
advertisement, or any release to any professional or trade publication, without receiving the Owner’s
express prior written approval for such use or release, which approval may be withheld in Owner’s sole
discretion.
LL. Examination. Operator acknowledges that prior to the execution of this Agreement, Operator has, to the
extent reasonably feasible, made sufficient examination and tests to determine the difficulties and
hazards to the performance of Work, whether arising from the location or condition of the Project,
proximity to adjacent facilities, equipment, tanks, buildings, and other structures or otherwise, and has
determined to Operator’s satisfaction the nature and extent of all difficulties and hazards.
MM.Resolution of Disputes. If a dispute arises between Owner, on the one hand, and Operator,
on the other, the Owner and Operator shall continue to perform their obligations under this Agreement.
If the dispute relates to non-performance on the part of the Operator, Owner may withhold fees
representing the estimated cost of the disputed item due to the Operator until such time as the dispute
is settled. Furthermore, in connection with such dispute, the parties shall immediately attempt in good
faith to settle the same by negotiation. If such negotiation does not result in a prompt agreement between
Owner, on the one hand, and the Operator, on the other, the items of dispute shall, if necessary, be settled
by a court of competent jurisdiction. Unless ordered by a court of competent jurisdiction or otherwise
Page 20
EXHIBIT 1
agreed to in writing between the Operator and Owner, during all disputes, actions, claims, or other
matters arising out of or relating to this Agreement or the breach thereof, the Operator shall perform the
Work to be provided by Operator hereunder and shall comply with the schedule as it related to such Work.
NN.Performance by Owner. If Operator shall default in the performance of any term or covenant on
Operator's part to be performed under or in connection with this Agreement, and Operator shall not have
cured such default within the time periods specified in Section 5, Owner may, but without obligation so
to do, immediately or at any time thereafter, perform the same for the account of and at the reasonable
cost of Operator.
OO.Severability. If any provision of this Agreement shall be invalid or unenforceable either in its entirety or
by virtue of its scope or application to any given circumstance(s), such provision shall be deemed modified
to the extent necessary to render the same valid, or as not applicable to given circumstance(s), such
provision shall be deemed modified to the extent necessary to render the same valid, or as not applicable
to given circumstance(s, or to be excised from this Agreement, as the situation may require, and this
Agreement shall be construed and enforced as if such provision had been included herein as so modified
in scope or application, or had not been included herein, as the case may be, it being the stated intention
of the parties that had they known of such invalidity or unenforceability at the time of entering into this
Agreement, they would have, nevertheless, contracted upon the terms contained herein, either excluding
such provisions, or including such provisions only to the maximum scope and application permitted by
law, as the case may be.
PP. Signature Authority. Each undersigned represents and warrants that its signature herein below has the
power, authority, and right to bond their respective parties to each of the terms of this Agreement, and
shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to
City in the vent that such authority or power is not, in fact, held by the signatory or is withdrawn.
{Signatures on following page}
Page 21
EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:CITY OF SANTA ANA
Daisy Gomez
Clerk of the Council
Kristine Ridge
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
OPERATOR
ABM Industry Groups, LLC.
By:
Ryan Gustavo Quintero
Vice President - OperationsAssistant City Attorney
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
Page22
EXHIBIT 1
EXHIBIT A
SCOPE OF WORK
PARKING FACILITIES MANAGEMENT AGREEMENT
City of Santa Ana, CA
The Parking Operator will be responsible for performing the following duties andresponsibilitiesunder
thestated guidelines and procedures as listed below:
A. General Duties
During the hours of operation established by Owner for the Parking Facilities, Operator will manage,
operate, direct, and supervise a first-class parking operation throughout the Base Period and any
Option Periods. Services to be provided by Operator in connection therewith will include without
limitation the following:
1. Management and operation of the Parking Facilities (Exhibit B), including supervision of the
parking and circulation of vehicles inside the Parking Facilities, and administration and
monitoring of access control credential use.
2. Collection of and accounting for all cash and other payments from any source derived from the
use of the Parking Facilities, including sums payable with respect to daily and monthly parking
fees and outside contracts.
3. Operation and maintenance of the Parking Access and Revenue Control System (PARCS)
equipment installed at the Parking Facilities, and coordination with the PARCS vendor.
4. Employment of such parking attendants and other personnel for the management and
operation of the Parking Facilities in a first-class manner.
5. Management of event parking and validation sales.
6. Valet assist parking services when required, and as specified.
7. Maintenance of accounting records of all income and expenses related to the management and
operation of the Parking Facilities.
8. Maintenance of Electric Vehicle Charging Stations (EVCS) by coordinating with the Electric
Vehicle service provider.
9. General maintenance, janitorial services, and landscaping services, as described herein and as
part of the Operations and Maintenance Plan, to ensure the Parking Facilities are representative
of first-class parking facilities.
10. Coordinate with the selected vendor for implementation and maintenance of mobile payment
applications.
11. Coordination with City of Santa Ana’s Parking Services Enforcement efforts in the Facilities on a
daily basis. The City is currently contracted with Serco to provide these services.
12. Ongoing consultation with Owner on matters relating to the management and operation of the
Parking Facilities, including providing Owner with recommendations regarding how to increase
the efficiency and lower the cost of parking operations, as well as transportation demand
management.
B. Operator will be responsible for implementing any and all decisions of Owner, upon its request, and
for initiating and taking such actions (not inconsistent with this Agreement) in the management and
administration of the Parking Facilities in order to achieve the first-class standard of operations,
maximum efficiency, and overall success of the Parking Facilities for the benefit of Owner.
C. Use of Parking Facilities
Operator will manage, operate, and maintain the Facilities as a parking facility for vehicles in
accordance with guidelines set forth by Owner. Operator will not use the Facilities for purposes other
than those required under the Agreement. Owner reserves the right to itself and others for
A-1
EXHIBIT 1
supplementary and complementary uses, including other revenue-generating activities, at Owner’s
sole discretion.
D. Parking Spaces
Operator will offer covenanted parking spaces at rates established by Owner. Operator will provide
monthly reporting to Owner on waiting lists for monthly parking passes and occupancy rates to
determine whether a price reset is in order.
E. Additions and Deletions
Owner will have the right during the Term to modify the Facilities on a temporary or permanent basis
for any reason including, but not limited to the following:
a. To provide additional parking spaces.
b. To repair one or more sections of the Facilities.
c. To increase the number of spaces available for parking by acquisition or devotion of additional
land, redesign, restriping, or otherwise.
d. To decrease the number of spaces or close the Facilities for any purpose.
e. To convert all or part of the Facilities to another use.
Operator will work with Owner to accommodate these changes in its operation of the Facilities.
Operator will also update the general Operation and Maintenance Plan (Exhibit E) to accommodate
any permanent changes; the revised general Operation and Maintenance Plan will be subject to
written approval by Owner.
F. Parking Fees
The parking fees charged by Operator will be determined and regulated solely by Owner, with
recommendations from Operator. Operator will provide a Market Survey and Analysis of parking
rates at competing facilities to Owner for review on an annual basis throughout the Base Period and
any Option Periods. The analysis will include the daily and monthly fees charged at the competing
locations, as well as any recommended rate changes prescribed by Operator and the supporting
rationale for the recommended changes. Operator will collect parking fees in accordance with the
approved fee structure. Collection of parking fees not in conformance with the approved rates will
constitute a breach of contract and may result in immediate termination of the Agreement.
G. Hours of Operation
The Owner may revise the hours of operation from time to time. Unless otherwise notified, the hours
of operation will be as indicated in Exhibit D.
H. Staffing
1. Operator will provide sufficient and appropriate staffing to perform the Services in accordance
with the first-class standard required by this Agreement.
2. Upon commencement of the Agreement, Operator shall provide the Owner, for the Owner’s
approval, a staffing plan for each Facility and for special events and valet assist as needed. The
staffing plan shall clearly define the number of proposed employees and corresponding work
schedules by Facility.
3. Operator’s designated General Manager will maintain responsibility for oversight of the
operation, with no other duties outside of the operation, and will remain on-site, acting as the
single point of contact between Owner and Operator during the Term and any extensions
thereof. Operator will also provide Owner with pertinent contact information for a minimum of
one local staff member that will be available 24 hours per day, 7 days per week for emergency
and operational needs.
4. All on-site staff members will be trained in daily operations as well as in customer service.
Operator and its staff will conduct themselves in a helpful, courteous manner toward Owner and
its customers at all times.
5. Operator and its sub-contractors will comply with all Owner's standards and requirements for
employees, including the completion of standard background checks and motor vehicle checks
A-2
EXHIBIT 1
on each employee of the Parking Facilities. Owner reserves the right to require Operator to
provide customer service training to its on-site personnel, to provide additional or alternative
personnel, or to modify its operating procedures if, in the sole discretion of Owner, Operator's
management of the Parking Facilities is not commensurate with the first class standard required
by this Agreement or if Operator's management creates congestion, interferes with traffic
circulation or causes material inconvenience for event, daily and/or monthly customers.
6. Parking Facilities employees will be required to wear uniforms approved by Owner and to wear
name tags or badges that clearly state the company name and the staff person's name.
7. Owner retains final approval of Operator's staff assigned to subject’s Parking Facilities and may
ask for staff to be reassigned based on performance or other basis.
I. Employee Training and Development.
Operator shall provide a formal training program for all new hires to develop their skills and abilities
for achieving quality work performance. The program should involve both classroom and field
instruction. Operator's training program shall include, but not be limited to, specific position
training, parking, and valet training, reporting procedures, driving and safety standards,
professional conduct, auditing and reporting requirements, customer service and effective
communication techniques, dispute handling, emergency and safety procedures, and security
measures. Operator shall provide refresher-training courses to existing employees annually and
submit a copy of their proposed Training Program to the Owner for review and approval.
1. Operator shall ensure that all its employees performing work under this Agreement train fully for
their duties and shall establish a formal, written employee-training program (“Employee Training
Program”), which shall include training in specific job duties, training in customer service, and
other training as outlined in this document.
2. Operator shall submit the entire Employee Training Program to the Owner for review and the
Owner may disapprove the Employee Training Program if it finds that it is insufficient to assure
the quality of service required under the Agreement. Operator shall review the Employee
Training Program annually and submit to the Owner for review and approval.
3. Operator shall ensure that each employee receives at least 2 hours of formal customer service
training per year and that all employees having contact with the public are trained to give
accurate information about the services provided by the Operator. Operator shall train all
employees to provide basic and accurate directions to resources on Owner property and other
nearby locations. The Owner may require Operator’s employees to attend training provided by
the Owner. Operator shall maintain up-to-date training records for each employee and shall
make those records available to the Owner upon the Owner’s request.
J. Valet Services
1. Operator will offer first-class valet assist parking services for Parking Facilities on an as needed
basis, and for special events, as requested by Owner. Currently, there is not a need to conduct a
valet assist operation. However, this need may arise in the future. The Operator will be required
to provide staffing and oversight of valet assist services when needed and/or requested.
Operator shall provide and supervise supplementary staff as needed in addition to that provided
in the staffing plan. While this requirement may occur with or without prior notice, the Owner
will strive to provide as much advanced notice as possible to the Operator.
a. Subject to Owner's approval, the maximum rate that may be charged by Operator for valet
assist parking will be either (1) the comparable market rate being charged for valet parking
at comparable facilities; or (2) the applicable validated parking rate at the Parking Facilities
plus a proportionate share of the cost for operating the valet parking program (which
proportionate cost will equal the reasonably estimated incremental cost per vehicle
attributable to the operation of the valet parking program), which must be approved by
A-3
EXHIBIT 1
the Owner prior to any valet assist parking operations.
K. Outside Contracts
Operator agrees that if any related entity or subsidiary of Operator is contracted to provide valet parking
services for any entity (i.e. hotel, restaurant, or front door) in the vicinity of the Parking Facilities during
the Term of the Agreement (“Outside Contracts”), Operator will promptly discuss such Outside Contracts
with Owner and, at Owner’s request, will make every effort to store vehicles related to said Outside
Contracts within the Parking Facilities for a mutually agreed upon daily fee proposed by Operator and
approved by Owner. Operator will provide Owner with a copy of all agreements governing said Outside
Contracts and all revenue generated for the Parking Facilities from the storage of Outside Contract
vehicles will be itemized and included on the monthly operating statement provided to Owner.
If Operator fails to comply with the terms and conditions of this Section, Operator will remit as liquidated
damages to the Owner, an amount equal to three (3) times the lost revenue resulting from failure to
comply.
L. Marketing:
Operator will be responsible for providing marketing material at Owner's discretion.
M. Collection and Handling of Revenue
1. Collect Parking Revenues: Operator will collect all revenue and receipts generated from Parking
Facilities operations and/or received by Operator in connection with its operation of the Parking
Facilities, including but not limited to parking fees collected by Operator from the daily or monthly
parking of vehicles, special events, valet receipts, parking permit revenue, and all other funds or
revenue received by Operator in connection with its operation of the Parking Facilities ("Gross
Revenue").
2. Collect All Applicable Taxes: Operator will determine, collect, and pay the City Parking Tax and all
other applicable taxes that may be imposed by law.
3. Revenue/Expenditure Control: Operator will utilize the revenue control system provided by the
Owner.
4. Operator Responsibility for Receipts/Revenues: Gross Revenue will become, immediately upon
collection and receipt thereof, the property of Owner. Operator will be responsible for and will
hold all Gross Revenue in trust for the benefit of Owner. On a monthly basis, Operator shall use the
parking revenue generated to collect its Management Fee and Operating Expenses Reimbursements.
Operator shall then submit payments to Owner for the remaining net income generated on a monthly
basis. Operator shall also provide monthly reports and supporting documentation to Owner reflecting
gross revenues collected by Operator and total operating expenses incurred by Operator.
5. Bank Account: Operator will supply a bank account for Operator to deposit all Gross Revenue
derived in connection with the operation and management of the Parking Facilities/Operations.
Operator will deposit revenue immediately. Operator shall deposit daily into the account, no later
than the next business day following receipt, all gross revenues collected. If an armored transport
service is utilized, Operator shall provide daily pick up of deposits on the next business day
following receipt of gross revenues. Under no circumstances will Operator permit funds collected
to be taken anywhere off-site by any employee. Operator will follow all other procedures
established by Owner for depositing daily cash receipts.
A-4
EXHIBIT 1
Until such monies or other things of value have been deposited into the City's account and verified
by the bank in accordance with this Agreement, Operator bears all risk of loss, therefore, including,
but not limited to, damage, destruction, disappearance, theft, fraud, or any dishonest, or unlawful
act, or other hazard, irrespective of location caused by Operator's employees or any other person
or entity within Operator’s control. Should such an event or act occur, Operator shall immediately
notify the City's Deputy Community Development Director/Economic Development Manager and
the Santa Ana Police Department, and Operator shall prepare a report of such incident. Operator
shall notify the City of any operational changes deemed necessary by Operator to safeguard the
City's monies or things of value. Operator will retain copies of daily bank-endorsed deposit slips
for the above deposits for a period of not less than three (3) years from the date each deposit is
made. Operator will follow all other procedures established by Owner for depositing daily
cash/credit card receipts.
N. Accounting and Reporting
1. Monthly Statements:
a. Monthly Reports/Statements: Operator will provide to Owner monthly statements that
provide a summary of all Gross Revenue and Operating Expenses (the “Monthly
Statements”). The Monthly Statements will be due on or before the fifteenth (15th) calendar
day of the next succeeding month. The Monthly Statements will include a detailed report of
the Gross Revenue collected as one report. As a separate report, with a separate invoice,
Operator will provide a statement of the Management Fee earned and the corresponding
invoice. As another separate report with a separate invoice, the operator will provide the
Operating Expenses incurred during the preceding month. Owner reserves the right to change
the monthly reporting requirements at any time. Original invoices showing amount owed and
reason for expenditures must be provided for all reimbursable expenses.
The Monthly Statements will also include the following items:
i. The number of monthly and daily parkers and associated revenue, by Parking
Facility.
ii. A detailed monthly statement showing budget versus actual expenses and
including a variance report with explanations of any budget variables. All
expenses must have original invoice/billing documentation showing a clear
explanation of purchase. Detailed payroll and benefits records are required
as part of this packet.
iii. Lot occupancy reports, by Parking Facility.
iv. Detailed under/overcharge report, shortage/overage report, and
uncollectable report showing line items and total amounts and included on
monthly statement as a line item to be reimbursed to City.
v. A schedule of on-site employee positions and shifts scheduled in the direct
management of the operations. The staffing schedule will include the number
of employees and employee names, scheduled hours and lot, job titles,
hourly wage rates, and salaries.
vi. A full and detailed payroll report including employee name, rate of pay, hours
worked, overtime, sick/PTO pay, holiday pay (or any other type of pay)
benefits, taxes, and all other hours and payments as well as accruals and any
other types of payroll related information related to operations.
vii. Any special event related reports and invoices.
viii. Special Events summary.
A-5
EXHIBIT 1
ix. Any unusual incidents occurring at the parking and valet operations, such as
accidents, security problems, damage to vehicles, or any incident in which a
police/security report is taken, etc.
x. Customer comments or complaints and resolution.
xi. Personal injuries.
xii. Significant personnel changes and other situations of which Owner should
reasonably be aware.
xiii. Operator will also submit to Owner various management reports deemed
necessary by Owner.
xiv. Any applicable reporting for the security cameras, including if there are
incidents or repairs necessary.
xv. Any applicable reporting for the APGS, including if there are incidents or
repairs necessary.
xvi. Operator will also provide other monthly reports as required for
maintenance, accident, and other incidents or occurrences as may be
required by Owner.
xvii.Operator will submit a detailed list of accounts receivable, keycard audit, and
approved no charge monthly accounts.
b. Compensation Due: Should operation of provided services begin on a date other than the
first of the month, the compensation due to Owner will be prorated, based on a thirty (30)
day month for the first month. Compensation due to Owner from Operator will thereafter be
payable on or before the 15th (fifteenth) calendar day of each month following the applicable
month of operation.
i.Losses: Operator will assume all responsibility and reimburse City for any
losses that may result from its acceptance of counterfeit bills, or other forms
of payment for parking or any other types of charges or fees when such
payments are returned or rejected. Operator must also reimburse the City for
missing tickets at the daily max rate.
ii.On-Site Operating Costs: Operator will administer payment of all on-site
operating costs for the Parking Facilities. Owner will reimburse Operator for
Operating Expenses incurred by Operator as described in this Agreement.
However, Owner will not reimburse Operator for any costs or expenses
incurred by Operator not covered in this agreement, or that do not have
detailed original invoices clearly showing purchase item and amount.
c. Operator will also submit to Owner a detailed list of accounts receivable andno-charge
monthly accounts for the month, along with various management reports reasonably
deemed necessary by Owner.
2. Invoice: On a monthly basis, Operator shall use the parking revenue generated to collect its
Management Fee and Operating Expenses Reimbursements. Operator shall then submit payments to
Owner for the remaining net income generated on a monthly basis. Operator shall also provide
monthly reports and supporting documentation to Owner reflecting gross revenues collected by
Operator and total operating expenses incurred by Operator. If Operator’s expenses exceed the
income generated for any given month, Operator will submit an invoice, payable net 45 days.
A-6
EXHIBIT 1
O. General Facilities Maintenance:
Operator will be responsible for all physical upkeep of the Parking Facilities and parking related
equipment and will maintain the Parking Facilities in a neat, clean, safe, and sanitary condition, to
the satisfaction of Owner. Operator will maintain any improvements made to the Parking Facilities,
including but not limited to the PARCS equipment, signage, etc. However, Operator will not be
required to maintain Restricted Areas. Ongoing maintenance will consist of the following types of
activities (the full list of activities is included in the Operations and Maintenance Plan Exhibit E):
1. Maintain (sweep and mop) daily the common area exits, elevator cabs and lobbies, and
stairways from all parking levels.
2. Maintain (clear debris, trim trees, water) daily any enclosed garden areas.
3. Empty daily trash containers located throughout the Parking Facilities.
4. Remove graffiti from throughout the Parking Facilities as needed and within two hours of any
incident.
5. Maintain the paint quality as needed on walls, floors, and ceilings on each of the three parking
levels.
6. Pay for annual or as needed degreasing and re-striping for each of the Parking Facilities.
7. Maintain office space and restrooms located in the Parking Facilities in a neat, clean, safe, and
sanitary condition, satisfactory to Owner.
8. Maintain in good condition all parking equipment provided by Owner.
9. And other duties as assigned.
All maintenance services provided by Operator will be subject to Owner review, inspection, and
verification of any and all activities and reporting requirements at any time without notice.
P. Customer Complaints:
Operator will have a methodology for handling customer complaints and reporting the nature and
reasonable disposition of all complaints to Owner. Contact information for handling customer
complaints and questions will be posted in clear view within the Parking Facilities and in the
designated Parking Office, subject to Owner's approval of the form and placement of all signage. At
Owner’s discretion, Operator may be required to train staff on use of Owner’s customer relationship
management software. In any case, prompt response to complaints and documentation of
respondent activity is required at all times.
Q. Immediate Notice:
In addition to reporting all of the following incidents on the Monthly Statements:
1. Operator will immediately notify Owner by phone and email of any serious or unusual conditions,
occupational injury or illness, employee exposure to hazardous substances, vehicle accidents,
property damage, theft, flood, fire, or environmental spills or releases related to the Services.
Operator will provide a written incident report and will furnish Owner with copies of any police
reports resulting from any incident at the Parking Facilities within twenty-four (24) hours after
A-7
EXHIBIT 1
such incident. Owner reserves the right to review incident investigations by Operator and/or to
perform its own investigations, for the sole purpose of verifying facts, protecting Owner personnel
and property, and limiting Owner's liability.
2. Operator will supply Owner with a copy of all notices that it receives from any public authority or
agency concerning the Parking Facilities immediately after receipt thereof by Operator (or
immediately if such notice requests action by Owner or Operator within a period of fewer than
10 days).
R. Audits:
Operator will conduct supervisory field audits on a random and unannounced basis to verify that
tickets issued and cash payments received tally. Copies of all internal audits will be provided to Owner.
Internal audits will be conducted a minimum of once every month.
S. Owner/Operator Meetings:
Operator's management and staff will be available to meet with Owner at a mutually acceptable
location and schedule to discuss problems and all other matters regarding the Parking Facilities as
they arise.
Operator's management and staff will be available to meet with Owner's staff at a regularly appointed
time and location on a monthly basis.
T. Parking Management Office:
An office will be provided by the Owner for use by the Operator. Operator must outfit the provided office
space with items that include but will not be limited to the following:
1. Furniture; personal computers and printers.
2. Telephones and facsimile machine/scanner.
3. Safe(s), photocopy machine.
4. Any other equipment and/or supplies needed to properly administer the operation of the Facilities.
The Owner will not provide items for the parking management office. If over time any items are supplied by
the Owner, such items shall remain as property of the Owner upon termination of the Agreement.
A-8
EXHIBIT 1
EXHIBIT B
PARKING FACILITIES
Existing Parking Facilities (± 1,892 spaces)
1.
2.
3.
4.
5.
Facility A contains approximately 430 spaces and is located at Third and Broadway (Garage A).
Facility B contains approximately 648 spaces and is located at Fifth and Spurgeon (Garage B).
Facility C contains approximately 396 spaces and is located at Third and Birch (Garage C).
Facility D contains approximately 364 spaces and is located at Fifth and Main (Garage D).
Surface Parking Lot contains approximately 54 spaces and is located at Third and Bush (Lot 1).
B-9
EXHIBIT 1
EXHIBIT C
BUDGET
C-1
Exhibit C
ABM Parking Operator EXHIBIT 1
5 Year Budget Overview + Optional Year Budgets
Downtown Santa Ana Parking Facilities: Space 1892+/-
Agreement Years 1-5
Year 1
Estimate Expenses Projected Revenue
$
$
$
$
$
1,059,540
1,112,517
1,168,143
1,226,550
1,287,878
$
$
$
$
$
1,796,410
1,796,410
1,796,410
1,796,410
1,796,410
Year 2
Year 3
Year 4
Year 5
Optional Years 6-10 (if approved by the City)Estimate Expenses Projected Revenue
Year 6
Year 7
Year 8
Year 9
Year 10
$
$
$
$
$
1,352,272
1,419,885
1,490,880
1,565,424
1,643,695
$
$
$
$
$
1,796,410
1,796,410
1,796,410
1,796,410
1,796,410
Total Year 1-10 Estimate Expenses Year 1-10
$13,326,785
Projected Revenue
$17,964,100
Important Note: The annual expenses are projected to start at $1,059,540.37 with a projected annual CPI increase of 5% (at
the City's discretion and negotiation). The annual revenue is projected to be $1,796,410 and is programmed to cover the
operational costs of the parking facilities and allocate funds for several deferred maintenance items and augmented
services. Please note that expenses and revenue are projections and may fluctuate.
EXHIBIT 1Exhibit C
ABM (Parking Operator)
Budget 2022
Year 1 Consoldated Budget
Spaces:1,838
ABM Parking Services
(1)Year One ConsolodatedSalaries and Wages
Sub- Total - Staffing Form C $281,036.40
Sub-Total - Salaries and Wages $281,036.40
Payroll Tax & Fringe Benefits
Payroll Taxes 11.4%
34.2%
9.5%
$
$
$
$
32,118.53
96,000.00
26,765.44
154,883.97
Health/Welfare/Benefits
Workers' Compensation
Sub-Total - Payroll Tax & Fringe Benefits
Total - Salaries, Tax, Fringe & Worker's Compensation $435,920.37
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TBD
$
$
$
$
8,000.00
80,000.00
2,160.00
1,200.00
27,190.00
2,000.00
400.00
Bank/Credit Card Charges
Computer Cons
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
890.00
1,000.00
16,542.00
86,200.00
5,748.00
600.00
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
14,400.00
2,520.00
1,380.00
3,000.00
80.00
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
23,200.00
212,700.00
Telephone 20,600.00
1,000.00
3,900.00
77,760.00
Travel & Transportation
Uniforms/Laundry
Utilities
Sub- Total - Other Expenses $592,470.00
(2)General/Miscellaneous
Elevator Maintenance
Marketing
$
$
$
$
2,000.00
500.00
Tickets 9,650.00
12,150.00Sub- Total - General/Miscellaneous
Management Fee*
Incentive Fee
$
$
18,000.00
-
Start-up Budget (3) - One-time Cost $
$
$
1,000.00
1,059,540.37
576.46
Total Operating Expense Budget
Cost/Space
Notes:
*First 3 months Mangement fee waived in year 1
Street legal golf cart: $510 per month (Lease)
Optional - Spaces automation program for 3rd & Broadway garage $0.50 per monthly parker
Power washing added to janitorial services, 2x per month, each garage 1 level power washed and all stairwells
Form A Operating Expense Budget
EXHIBIT 1
Form A - Year One Operating Expenses (Proposed)
1 - Garage A Spaces:430
ABM Parking Services
(1)Salaries and Wages
Sub- Total - Staffing Form C
Year One
$84,552.00
Sub-Total - Salaries and Wages $84,552.00
Payroll Tax & Fringe Benefits
Payroll Taxes
Health/Welfare/Benefits
Workers' Compensation
12.0%
60.3%
10.0%
$
$
$
10,146.24
51,000.00
8,455.20
Sub-Total - Payroll Tax & Fringe Benefits $
$
69,601.44
Total - Salaries, Tax, Fringe & Worker's Compensation 154,153.44
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TBD
$
$
$
$
3,500.00
19,500.00
540.00
300.00
7,062.00
500.00
100.00
225.00
250.00
-
Bank/Credit Card Charges
Computer Cons
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
Insurance - Automobile Liability
Insurance - Commercial General Liability
Insurance - Crime
Insurance - Employer's Liability
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
-
-
-
3,870.00
20,550.00
1,241.00
150.00
3,600.00
630.00
345.00
750.00
20.00
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
5,800.00
256,290.00
Telephone 5,150.00
250.00
975.00
Travel & Transportation
Uniforms/Laundry
Utilities 19,440.00
Sub- Total - Other Expenses $351,038.00
(2)General/Miscellaneous
Elevator Maintenance
Marketing
$
$
$
$
500.00
500.00
2,150.00
3,150.00
Tickets
Sub- Total - General/Miscellaneous
Management Fee
Incentive Fee
$
$
18,000.00
-
Start-up Budget (3) - One-time Cost $
$
$
250.00
Total Operating Expense Budget
Cost/Space
526,591.44
Form A 1,224.63Operating Expense Budget
EXHIBIT 1
Form A - Year One Operating Expenses (Proposed)
2 - Garage B Spaces:648
ABM Parking Services
(1)Salaries and Wages
Sub- Total - Staffing Form C
Year One
N/A
Sub-Total - Salaries and Wages N/A
Payroll Tax & Fringe Benefits
Payroll Taxes
Health/Welfare/Benefits
Workers' Compensation
N/A
N/A
N/A
N/A
N/A
N/A
Sub-Total - Payroll Tax & Fringe Benefits N/A
N/ATotal - Salaries, Tax, Fringe & Worker's Compensation
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TBD
$
$
$
$
-
19,500.00Bank/Credit Card Charges
Computer Cons 540.00
300.00
6,850.00
500.00
100.00
225.00
250.00
-
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
Insurance - Automobile Liability
Insurance - Commercial General Liability
Insurance - Crime
Insurance - Employer's Liability
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
-
-
-
5,832.00
20,550.00
1,241.00
150.00
3,600.00
630.00
345.00
750.00
20.00
5,800.00
-
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
Telephone 5,150.00
250.00
975.00
Travel & Transportation
Uniforms/Laundry
Utilities 19,440.00
Sub- Total - Other Expenses $92,998.00
(2)General/Miscellaneous
Elevator Maintenance
Cleaning
$
$
$
$
500.00
-
2,500.00
3,000.00
Tickets
Sub- Total - General/Miscellaneous
Management Fee
Incentive Fee
N/A
N/A
Start-up Budget (3) - One-time Cost $
$
$
250.00
Total Operating Expense Budget
Cost/Space
96,248.00
Form A 148.53 Operating Expense Budget
EXHIBIT 1
Form A - Year One Operating Expenses (Proposed)
3 - Garage C Spaces:396
ABM Parking Services
Salaries and Wages (1)
Sub- Total - Staffing Form C
Year One
N/A
Sub-Total - Salaries and Wages N/A
Payroll Tax & Fringe Benefits
Payroll Taxes
Health/Welfare/Benefits
Workers' Compensation
N/A
N/A
N/A
N/A
N/A
N/A
Sub-Total - Payroll Tax & Fringe Benefits N/A
N/ATotal - Salaries, Tax, Fringe & Worker's Compensation
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TBD
$
$
$
$
-
Bank/Credit Card Charges
Computer Cons
19,500.00
540.00
300.00
6,150.00
500.00
100.00
220.00
250.00
-
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
Insurance - Automobile Liability
Insurance - Commercial General Liability
Insurance - Crime
Insurance - Employer's Liability
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
-
-
-
3,564.00
20,550.00
1,241.00
150.00
3,600.00
630.00
345.00
750.00
20.00
5,800.00
-
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
Telephone 5,150.00
250.00
975.00
Travel & Transportation
Uniforms/Laundry
Utilities 19,440.00
Sub- Total - Other Expenses $90,025.00
General/Miscellaneous (2)
Elevator Maintenance
Cleaning
Tickets
Sub- Total - General/Miscellaneous
$
$
$
$
500.00
-
2,500.00
3,000.00
Management Fee
Incentive Fee
N/A
N/A
Start-up Budget (3) - One-time Cost
Total Operating Expense Budget
Cost/Space
$
$
$
250.00
93,275.00
235.54Form A Operating Expense Budget
EXHIBIT 1
Form A - Year One Operating Expenses (Proposed)
4 - Garage D Spaces:364
ABM Parking Services
Salaries and Wages (1)
Sub- Total - Staffing Form C
Year One
$183,102.40
Sub-Total - Salaries and Wages $183,102.40
Payroll Tax & Fringe Benefits
Payroll Taxes
Health/Welfare/Benefits
Workers' Compensation
12.0%
24.6%
10.0%
$
$
$
21,972.29
45,000.00
18,310.24
Sub-Total - Payroll Tax & Fringe Benefits $
$
85,282.53
Total - Salaries, Tax, Fringe & Worker's Compensation 268,384.93
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TBD
$
$
$
$
4,500.00
19,500.00
540.00
300.00
7,128.00
500.00
100.00
220.00
250.00
-
Bank/Credit Card Charges
Computer Cons
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
Insurance - Automobile Liability
Insurance - Commercial General Liability
Insurance - Crime
Insurance - Employer's Liability
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
-
-
-
3,276.00
20,550.00
1,241.00
150.00
3,600.00
630.00
345.00
750.00
20.00
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
5,800.00
-
Telephone 5,150.00
250.00
975.00
Travel & Transportation
Uniforms/Laundry
Utilities 19,440.00
Sub- Total - Other Expenses $95,215.00
General/Miscellaneous (2)
Elevator Maintenance
Cleaning
Tickets
Sub- Total - General/Miscellaneous
$
$
$
$
500.00
-
2,500.00
3,000.00
Management Fee
Incentive Fee
N/A
N/A
Start-up Budget (3) - One-time Cost
Total Operating Expense Budget
Cost/Space
$
$
$
250.00
366,849.93
1,007.83Form A Operating Expense Budget
EXHIBIT 1
Form A - Parking Facility - Budget Summary
C-2
EXHIBIT 1
Form A - Year One Operating Expenses (Proposed)
5 - Lot 1 Spaces:54
ABM Parking Services
Salaries and Wages (1)
Sub- Total - Staffing Form C
Year One
N/A
Sub-Total - Salaries and Wages N/A
Payroll Tax & Fringe Benefits
Payroll Taxes
Health/Welfare/Benefits
Workers' Compensation
N/A
N/A
N/A
N/A
N/A
N/A
Sub-Total - Payroll Tax & Fringe Benefits N/A
N/ATotal - Salaries, Tax, Fringe & Worker's Compensation
Other Expenses
401K Plan $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Bank/Credit Card Charges
Computer Cons
Drug screen/criminal
EDP & Accounting
Employee Relations
Forms & Printing
Gasoline Purchases
Hiring
Insurance - Automobile Liability
Insurance - Commercial General Liability
Insurance - Crime
Insurance - Employer's Liability
Insurance - General Liability
Janitorial Services
Landscaping Services
Licenses & Permits
Materials & Supplies
Miscellaneous
1,241.00
-
-
-
-
-
-
-
-
-
-
Network Access Fee
Office Supplies
Postage
Repairs & Maintenance
Security Services
Signs
Telephone
Travel & Transportation
Uniforms/Laundry
Utilities
$
$
-
-
Sub- Total - Other Expenses $1,241.00
General/Miscellaneous (2)
G & M Detail
G & M Detail
G & M Detail
Sub- Total - General/Miscellaneous
$
$
$
$
-
-
-
-
Management Fee
Incentive Fee
N/A
N/A
Start-up Budget (3) - One-time Cost
Total Operating Expense Budget
Cost/Space
$
$
$
-
1,241.00
22.98Form A Operating Expense Budget
EXHIBIT 1
Form B Management and Other Fees
EXHIBIT 1
Form II - Management and Other Fees
2 - Garage B
ABM Parking Services
Category
648
Year One
N/A1
2
3
4
5
6
7
Payroll Tax
Worker's Compensation Insurance
General Liability, GKLL Insurance
Per Claim Deductible Charged to Owner
Base Management Fee
N/A
$
$
5,832.00
1,500.00
N/A
N/AIncentive Fee
Bank/Credit Card Charges $19,500.00
Notes:
1 Maximum percentage of payroll with no cut off for SUTA
2
3
4
5
6
7
Maximum percentage charged per payroll cost
Assume 394 spaces in this facility (annual cost)
Maximum deductible amount charged per claim to Owner (annual cost)
Proposed Base Management Fee (annual cost)
Proposed annual incentive fee (annual cost)
Annual cost for any bank/credit card charges (annual cost)
Management Other Fees
Form B
EXHIBIT 1
Form II - Management and Other Fees
3 - Garage C
ABM Parking Services
Category
396
Year One
N/A1 Payroll Tax
2 Worker's Compensation Insurance
3 General Liability, GKLL Insurance
4 Per Claim Deductible Charged to Owner
5 Base Management Fee
N/A
$
$
3,564.00
1,500.00
N/A
N/A6Incentive Fee
7 $19,500.00Bank/Credit Card Charges
Notes:
1 Maximum percentage of payroll with no cut off for SUTA
2
3
4
5
6
7
Maximum percentage charged per payroll cost
Assume 330 spaces in this facility (annual cost)
Maximum deductible amount charged per claim to Owner (annual cost)
Proposed Base Management Fee (annual cost)
Proposed annual incentive fee (annual cost)
Annual cost for any bank/credit card charges (annual cost)
Management Other Fees
Form B
EXHIBIT 1
Form II - Management and Other Fees
4 - Garage D
ABM Parking Services
Category
364
Year One
12.0%1 Payroll Tax
2 Worker's Compensation Insurance
3 General Liability, GKLL Insurance
4 Per Claim Deductible Charged to Owner
5 Base Management Fee
10.0%
$
$
3,276.00
1,500.00
N/A
N/A6Incentive Fee
7 $19,500.00Bank/Credit Card Charges
Notes:
1 Maximum percentage of payroll with no cut off for SUTA
2
3
4
5
6
7
Maximum percentage charged per payroll cost
Assume 304 spaces in this facility (annual cost)
Maximum deductible amount charged per claim to Owner (annual cost)
Proposed Base Management Fee (annual cost)
Proposed annual incentive fee (annual cost)
Annual cost for any bank/credit card charges (annual cost)
Management Other Fees
Form B
EXHIBIT 1
Form II - Management and Other Fees
5 - Lot 1
ABM Parking Services
Category
54
Year One
N/A1 Payroll Tax
2 Worker's Compensation Insurance
3 General Liability, GKLL Insurance
4 Per Claim Deductible Charged to Owner
5 Base Management Fee
N/A
$
$
-
1,500.00
N/A
N/A6Incentive Fee
7 $-Bank/Credit Card Charges
Notes:
1 Maximum percentage of payroll with no cut off for SUTA
2
3
4
5
6
7
Maximum percentage charged per payroll cost
Assume 28 spaces in this facility (annual cost)
Maximum deductible amount charged per claim to Owner (annual cost)
Proposed Base Management Fee (annual cost)
Proposed annual incentive fee (annual cost)
Annual cost for any bank/credit card charges (annual cost)
Management Other Fees
Form B
EXHIBIT 1
Form II - Management and Other Fees
1 - Garage A
ABM Parking Services
Category
430
Year One
12.0%1
2
3
4
5
6
7
Payroll Tax
Worker's Compensation Insurance
General Liability, GKLL Insurance
Per Claim Deductible Charged to Owner
Base Management Fee
10.0%
$
$
$
$
$
3,870.00
1,500.00
18,000.00
-Incentive Fee
Bank/Credit Card Charges 19,500.00
Notes:
1 Maximum percentage of payroll with no cut off for SUTA
2
3
4
5
6
7
Maximum percentage charged per payroll cost
Assume 763 spaces in this facility (annual cost)
Maximum deductible amount charged per claim to Owner (annual cost)
Proposed Base Management Fee (annual cost)
Proposed annual incentive fee (annual cost)
Annual cost for any bank/credit card charges (annual cost)
Cells shaded grey contain formulas, do not amend .
Input proposed costs in the cells shaded in blue.
Management Other Fees
Form B
EXHIBIT 1
Form C Proposed Staffing
EXHIBIT 1
ABM Parking Services
Form III: Proposed Daily Staffing Schedule (Hours/Day/Week/Year)
1 - Garage A
Position Monday Tuesday
8
Wednesday
8
Thursday
8
Friday Saturday Sunday Hours/Week Hours/Year Rate/Hour
17.00
Annual $$
Cashier
Cashier
Cashier
8
4
32
28
40
0
1,664
1,456
2,080
0
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
28,288.00
8
8
8
8
8 16.50 24,024.00
8 8 8 15.50 32,240.00
--
0 0 --
0 0 -
-
-
-0 0
Total 12 16 16 16 16 16 8 100 5,200 16.26 84,552.00
Cells shaded blue contain formulas, do not amend .
Input proposed costs in the cells shaded in blue.
Note: Individual staffing plans must be completed for each location using the templates provided.
2021 Rates 2022
Form III Proposed Staffing
EXHIBIT 1
ABM Parking Services
Form III: - Proposed Daily Staffing Schedule (Hours/Day/Week/Year)
4 - Garage D
Position Monday
8
Tuesday
8
Wednesday
8
Thursday
8
Friday
8
Saturday Sunday Hours/Week Hours/Year Rate/Hour Annual $$
33,800.00Maintenance--40
16
40
40
40
0
2,080
832
$
$
$
$
$
$
$
16.25
16.00
27.88
19.50
18.00
-
$
$
$
$
$
$
$
Maintenance 8
0
8
0
13,312.00
57,990.40
40,560.00
37,440.00
-
Hourly (Non-Exempt) Manager
Bookkeeper/Admin
PM Supervisor
8
8
8
8
0
8
8
8
8
8
8
8
8
8
2,080
2,080
2,080
0
8 8
Total 24 24 32 32 32 16 16 176 9,152 20.01 183,102.40
Form III Proposed Staffing
EXHIBIT 1
Form D Proposed Start-up Budget
EXHIBIT 1
Form IV - Proposed Start-Up Budget
1 - Garage A
ABM Parking Services
Item
Signage
Cost
-$
$
$
$
$
$
$
$
$
$
Computer
Locksmith
Name Badges
PPE
200.00
50.00
-
-
EV Blower -
-
-
-
Total 250.00
Cells shaded grey contain formulas, do not amend .
Input proposed costs in the cells shaded in blue.
Note: Individual start-up budget must be completed by location using the template provided.
Note: Include only itemized one-time expenses associated with start-up.
Form D Start-UP Budget
EXHIBIT 1
Form IV - Proposed Start-Up Budget
2 - Garage B
ABM Parking Services
Item
Signage
Cost
-
200.00
$
$
$
$
$
$
$
$
$
$
Computer
Locksmith
Name Badges
PPE
50.00
-
-
EV Blower -
-
-
-
Total 250.00
Form D Start-UP Budget
EXHIBIT 1
Form IV - Proposed Start-Up Budget
3 - Garage C
ABM Parking Services
Item
Signage
Cost
-
200.00
$
$
$
$
$
$
$
$
$
$
Computer
Locksmith
Name Badges
PPE
50.00
-
-
EV Blower -
-
-
-
Total 250.00
Form D Start-UP Budget
EXHIBIT 1
Form IV - Proposed Start-Up Budget
4 - Garage D
ABM Parking Services
Item Cost
-
200.00
Signange
Computer
Locksmith
Name Badges
PPE
$
$
$
$
$
$
$
$
$
$
50.00
-
-
EV Blower -
-
-
-
Total 250.00
Form D Start-UP Budget
EXHIBIT 1
Form IV - Proposed Start-UP Budget
5 - Lot 1
ABM Parking Services
Item
Signage
Cost
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-Total
Form D Start-UP Budget
EXHIBIT 1
Exhibit D
Facility Fact Sheets
GARAGE C – 310 N BIRCH Street, Santa AnEa,XC AH9I2B7I0T1 1
AUTOMATED PARKING FACILITY – OPERATIONAL 24/7
DAILY RATES:
2-HOUR GRACE PERIOD, AND THEREAFTER
$.75 (FOR 30 MINUTES)
$1.50 PER HOUR
$10.00 DAILY MAXIMUM
MONTHLY RATES:
$50.00 (Unreserved) and $60.00 (Reserved)
GARAGE B – 300 East 5th Street, Santa Ana, CA 92701
AUTOMATED PARKING FACILITY – OPERATIONAL 24/7
DAILY RATES:
2-HOUR GRACE PERIOD, AND THEREAFTER
$.75 (FOR 30 MINUTES)
$1.50 PER HOUR
$10.00 DAILY MAXIMUM
MONTHLY RATES:
$50.00 (Unreserved) and $60.00 (Reserved)
GARAGE A – 201 WEST 3th Street, Santa Ana, CA 92701
DAILY RATES:
2-HOUR GRACE PERIOD, AND THEREAFTER
$.75 (FOR 30 MINUTES)
$1.50 PER HOUR
$10.00 DAILY MAXIMUM
MONTHLY RATES:
$50.00 (Unreserved) and $60.00 (Reserved)
HOURS OF OPERATION
Monday & Tuesday 8:00AM – 8:00PM
Wednesday, Thursday, Friday, & Saturday 8:00AM – 12:00AM
Sunday 10:00AM – 6:30PM
GARAGE D – 420 N MAIN Street, Santa Ana, CA 92701
AUTOMATED PARKING FACILITY – OPERATIONAL 24/7
DAILY RATES:
2-HOUR GRACE PERIOD, AND THEREAFTER
$.75 (FOR 30 MINUTES)
$1.50 PER HOUR
$10.00 DAILY MAXIMUM
MONTHLY RATES:
$50.00 (Unreserved) and $60.00 (Reserved)
EXHIBIT 1
EXHIBIT E
SAMPLE OPERATION AND MAINTENANCE PLAN
Parking Facility
1ServiceFrequencyABCD
Fire Annual test/
inspection
Maintenance
contract
X X X XSprinklers/Alarms
Emergency
Generator
Maintenance
contract
Maintenance
contract
Maintenance
contract
Maintenance
contract
Maintenance
contract
Maintenance
contract
CO Sensors X
X
X X
X
X
X
X
X
X
X
Exhaust Fans
HVAC in Parking
Office
Emergency Phone
System X
X
X
XElevator
Maintenance
Landscaping/
Irrigation X
X
X
X
X
X
X
X
X
X
X
X
Pest Control Contract
EV Charging
Stations As necessary
Visitor Permit
System Maintenance X
X
X
X
X
X
X
X
X
X
X
X
Clean Elevator Cab Daily
Clean Elevator
Lobby Daily
Clean
Parking/Office
Restroom
3 times per
week X X X X
Strip and
wax
quarterly
Clean
monthly
Parking Office
Floor X
X
X
X
X
XTrash Room X
Trash Receptacles
Trash Bin Service
Empty daily X
X
X
X
X
X
X
X
X
Contract
Re-charge,
replace
Repair as
necessary
Fire Extinguishers X
X
X
X
X
X
X
XRoll Gate
Maintenance
EXHIBIT 1
Parking Facility
1
Service Frequency
A B C D
Video Surveillance
System (once
installed)
Maintenance
contract X X X X
Monitoring
service
Change
annually
Monthly/
quarterly
Fire Alarm System X
X
X
X
X
X
X
X
X
X
X
X
Anti-graffiti
Window Film
Pressure Washing*
Power Sweeping
Re-stripe Stalls
Weekly X
X
X
X
X
X
X
XAs necessary X
Paint Stairs
Interior
Paint
Annually X
X
X
X
X
X
X
XQuarterlyIslands/Curbs
Chance
Facility Lighting bulbs/service
as necessary
Maintenance
contract
X X X X
Revenue Control
Equipment
Online Validation
System
X
X
X
X
X
X
X
XMaintenance
Internet Service X
X
X
X
X
X
X
XLandlines
During
operating
hours
Security Service X X X X
High Area Cleaning
(pipes, ducts)Annually
Daily
X
X
X
X
X
X
X
X
X
X
X
X
Janitorial Services
Interior Elevator
Shaft Windows
Parking
Annually
Daily X X X X X
X
Enforcement
Slurry Coat Lot Every 2 years
Repair as
necessaryGates & Fences X X X X
Signs As necessary X
X
X
X
X
X
X
X
X
XPest Control As necessary
*Pressure washing should be performed bi-annually