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AGMT - AMPCO System Parking (superseded)
PARKING FEE COLLECTION AGREEMENT between F SEAL F `, \ � � �aPOl�T q�y „ v- �' ycF R 21.V3-- g1-O i � '' %c °LINTY. t k City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Ampco System Parking 808 South Olive Street Los Angeles, CA 90014 This Professional Service Agreement ( "the Agreement ") is made as of December 8, 2008 (the "Effective Date "), by and between Ampco System Parking ( "Consultant "), a California corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 9 57296- 0001 \1093495v9.doc RECITALS A. City desires to contract for the collection of parking fees. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Definitions For purposes of this Agreement, the following words shall have the meanings set forth in this Section 1: 1.1. "Facilities ": City's automobile parking facilities Lots 1, 8, and 10, as depicted on the attached Exhibit A. 1.2. "Fee Collection Equipment ": automated machinery capable of collecting fees for parking and storage of motor vehicles upon the Facilities. The term includes "Pay Station." 1.3. "Pay Station ": means a LUKE Pay in Display machine manufactured by Digital Payment Technologies, Inc., and as more fully described in Exhibit B. 1.4. "Gross Parking Receipts" means all revenue derived from the parking and storage of automobiles at the Facilities, regardless of whether such fees are paid on an hourly, daily, weekly, or monthly basis. 2.0 Scope of Services 2.1. Consultant shall provide, install, and maintain in good working order Fee Collection Equipment at the Facilities. 2.2. No later than ninety (90) days after agreement is signed and approved Consultant must replace all fee collection equipment currently at the Facilities with at least 6 Pay Stations, 2 of which must be located at each of Lots 1, 8, and 10 of the Facilities. Consultant shall be solely responsible for the maintenance of the Pay Stations and shall promptly repair or replace any Pay Station that is not functioning properly. 2.3. Consultant shall regularly collect all Gross Parking Receipts, including but not limited to all revenue from the Fee Collection Equipment. 2 of 9 57296- 0001 \1093495v9.doc 2.4. On the first day of each month, Consultant must deliver to City: (1) a monthly payment in accordance with the monthly payment schedule found in Exhibit C; and (2) a written itemized report of the Gross Parking Receipts collected during the previous month, which report shall be in a form acceptable to the City and must at a minimum contain an itemized record of the gross parking receipts collected from the Fee Collection Equipment installed at the Facilities. 2.5. On or before the 15th day after the end of the Annual Term, Consultant shall deliver to City: (1) 65% of any Gross Parking Receipts collected during the previous 12 months in excess of $300,000; and (2) a written itemized report, in a form acceptable to City, of the Gross Parking Receipts collected during the previous 12 months. 2.6. In the event of an early termination of this Agreement, on whatever grounds, Consultant shall deliver to City on or before the 30th day following such termination: (1) 65% of any Gross Parking Receipts collected during the then current annual term in excess of $300,000; and (2) a written itemized report, in a form acceptable to City, of the Gross Parking Receipts collected during the then current term. 2.7. Consultant shall obtain and maintain in good standing all permits and licenses required or necessary for the performance of this Agreement. 2.8. Consultant shall maintain a complete set of itemized records, in a form approved by the City, of the gross parking receipts collected from the Fee Collection Equipment. Consultant shall allow City or its designated agents to inspect these records at Consultant's offices during normal business hours. Consultant's obligations under this Section 2.8 shall survive for 2 years beyond termination of this Agreement. 2.9. Consultant may install and maintain on the Facilities at its own expense, signage suitable for advertising the availability of parking. Consultant must obtain the City's written approval of all such signage before installing it on the Facilities. 2.10. Consultant may install and maintain on the Facilities whatever personal property and trade fixtures are reasonably necessary for fulfilling its obligations under this Agreement. Consultant shall maintain all personal property and trade fixtures at the Facilities in good working condition and shall promptly repair or remove any such personal property or trade fixtures that are not functioning properly. 2.11. Upon expiration or termination of this Agreement, on whatever grounds, Consultant shall promptly remove any personal property from the Facilities. Consultant shall leave the Facilities in substantially the same condition as they were found as of the Effective Date. 2.12. Consultant must perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 2.13. In performing this Agreement, Consultant, its agents, employees, and officers must comply with all applicable provisions of federal, state, and local law. 3 of 9 S7296-000 1 \ 1093495v9.doc 3.0 Parking Rates The maximum permissible rates to be charged for the parking at the Facilities shall be determined by the City, as published in its annual schedule of fees and charges. Consultant shall not charge any fee in excess of the rates established by the City nor shall Consultant waive fees for any person or organization without the City's prior written approval. Nothing in this Agreement shall be construed as limiting the City's ability to establish and alter the rates charged for using the Facilities. City shall be solely responsible for security, maintenance, police services, parking control enforcement, and traffic control for the Facilities. 4.0 Term 4.1. This term of this Agreement shall be one year and shall begin January 1, 2009. 4.2. This Agreement shall automatically renew for two additional 1 -year terms unless the City, in its sole discretion elects not to renew the term and provides notice of the same to the Consultant at least 30 days prior to the expiration of the then current term. 5.0 Termination 5.1. This Agreement may be terminated by either Party based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' written notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. Upon termination or expiration of this Agreement, for whatever reason, Consultant shall transfer to City ownership of the Pay Stations installed at the Facilities if City, in its sole discretion, elects to assume ownership of the Pay Stations. 6.0 Pay Station Amortization 6.1. In the event that the City elects not to renew the term of this Agreement pursuant to Section 4.2, City shall reimburse Consultant for the unamortized value of the six Pay Stations that Consultant is required to install at the Facilities pursuant to Section 2.2. For these purposes, the Parties agree that the total cost of the six Pay Stations is $92,491.00 and that they shall be amortized over 36 months at 2% over prime. Consultant shall provide City with an amortization schedule prior to delivery and installation of the Pay Stations. Nothing in this Section 6 shall in any way limit the City's authority to terminate this Agreement. 7.0 Cessation of Public Parking at Facilities 7.1. Nothing in this Agreement shall preclude City ceasing or suspending public parking service at the Facilities or any portion thereof for any reason. 4 of 9 S7296-0001 \ 1093495v9.doc 7.2. If City permanently ceases public parking services at the Facilities or any portion thereof during the term of this Agreement, then this Agreement shall automatically terminate as to those portions of the Facilities so affected. 8.0 Party Representatives 8.1. The City Manager is the City's representative for purposes of this Agreement. 8.2. Kerry E. Turner is the Consultant's primary representative for purposes of this Agreement. 9.0 Notices 9.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Ampco System Parking 808 South Olive Street Los Angeles, CA 90014 Attn: Kerry E. Turner 9.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 10.0 Independent contractor 10.1. Consultant, its agents, employees, and subcontractors, if any, are independent contractors and not employees of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all tines be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 10.2. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall 5 of 9 57296- 0001 \1093495v9.doc have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 10. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Insurance 13.1. Consultant must not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant must furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage must be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant must maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement /location or the general aggregate limit shall be twice the required occurrence limit; and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 13.3. The insurance policies shall contain the following provisions, or Consultant must provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary 6 of 9 S7296-0001 \ 1093495 v9. doc insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, must stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 13.4. All insurance required by this Section must contain standard separation of insureds provisions and must not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 13.5. Any deductibles or self - insured retentions must be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 14.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 7 of 9 S7296- 0001 \1093495v9.doc 15.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant must not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 17.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 18.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 19.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 21.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 22.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this 8 of 9 S7296-000 1 \ 1093495v9.doc • Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorney's fees and other costs incurred in connection with such action. 24.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 25.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. (Intentionally Left Blank) 9 of 9 S7296-000 1 \ 1093495v9.doc CITY OF SEAL BEACH CONSULTANT: Ampco System Parking By: C� By: P--19 ) (44L( ' David Carmany, City Manager Name. Arnold Klauber Attest: Its: Senior Vice President By: 41/r/ 40 Linda Devine, City Clerk Approved as to Form: By: ‘C A Quinn Barrow, City Attorney S7296- 0001 \1093495v9.doc • • Exhibit A City's Automobile Parking Facilities, Lots 1, 8, and 10 S7296- 0001 \1093495v9.doc 0 • Exhibit B Specifications for LUKE Pay in Display Machine manufactured by Digital Payment Technologies, Inc. S7296- 0001 \ I 093495v9.doc • • 4 CITAL> z A E (>ar' f# ., < ,, w tM . 4 ? n=•. f. * : is �i 1` b s , .. E t J t t i " sin t space meters that ,,w.. :Y r. .+ - ..�. _ 2441k .._ only take coins are becoming i',.1 f a thing of the past. Parking operations are more ,,:.; Yti« complex and so is policy � in n3uniUipai government, ~� ;—_.. To Wrest these changes, es. ' � - on- street pay station solutions rrmust be reliable and flexible ` -.= The LUKE multi -space pay ` , . ,, -.. . ° ,b , station otters more payment z ,, - ....,- Z . p 1 . �,., options, better revenue • opportunities and lov. cost �,,,,� , >. = . � of o�,� nership, LUKE is easier . 104 , , ...„, �. i ce: for people to use. and easier ,a^ � '" for operators to maintain ° """° , , t .:0 , .r i 4 , 4 0. ° Kt „ #4M. a Nw , �r. , .a✓" .. .a- ..•-M .tirw..aLn'„ r �' 1^� ♦. • • Digital Pay°r e rt Ted ir$okC.c created LUKE to i:mpi - ov: c), o- street parki :' g tc,i both r uunicipa' °ties and par. LUKE is - ; effectve so ution tr ?r e grow ny cha ier ges in rninicioal parkinn. Our technology gives LUKE significant advantages, additional payment options, real -time credit card authorization and remote rate configuration. LUKE has a large, full -color screen that's easy to read and can be programmed with prompts in multiple languages. And LUKE is available t <. � i almost any color. r... t .. i i E. �' . r ' I s � ,... • r CO4* tc 4 r %I TOW a . . . .f.t•.*',, . . . • . ' ' , v la r. .0 lit.. A . . . • The LUKE Pav St:tion Connect kAtitli LUKE - „g ..w . LUKE offers benefits to people who pay The LUKE pay station can work in different • for parking, Including: modes. i 4 « a design that's easy to recognize as Stand -Alone a Pay station Data is collected manually in an easy and �_. � ✓ large, full -color screen that's easy to read efficient process. Our customers are provided t prompts In multiple languages with comprehensive management, reporting, . standard payment options including coins, and configuration control. Credit card transac- bills and credit cards bons are processed in batches. Rates and • advanced payment options such as Single meters that messages cards or campus cards e� sages are created o8 line and transferred only take coins are becoming is abetter user experience via sneaker -net. Stand -alone systems can be a thin of the ast . easily upgraded to online systems when g p Municipalities and institutions choose required. LUKE because it provides: Parking operations are more Online s theft -proof design to protect coins and bills complex and so is policy ■ high levels of encryption to data security We developed our Enterprise Management in municipal g • reduced street rnment . et dotter System (EMS) to give LUKE online capabilities. a reduced aesthetics, s, including custom With EMS. you can use the Internet to manage To meet these changes, color options your parkin systems. ETAS can connect you on - street pay station solutions • better user compliance erectly to your pay stations —each station can must be reelable and flexible . advise you when repairs are required and when Parking operators appreciate the advanced they should be emptied. No additional hardware The LUKE multi - space pay features that LUKE offers, including: is required — LUKE is EMS Ready and just ■ ability to configure rates — by date, time needs a simple Ethernet connection to the station afters more payment and payment type Internet. options, better revenue c Pay - and - Display and/or Pay -by -Space modes Server Option opportunities and lower cost A remote rate and pay station configuration on 'ri Enterprise Server option of our EMS service of ownership. LUKE is easter via the Internet or USE key Yes our customers the option to own their own • real -tune c recut card processing s erver and ° p for people to use. and easier • Payment card Industry (PCI) compliance s arrive software. This option provides for operators to maintain. • reduced maintenance and collection costs customers with complete control over all data and can be very cost effective In municipal or • complete audit control campus deployments. • real -time reporting and alarming • - LUKE Sp .viii ..tior • Cabinet - 12 gauge cold rolled or stainless steel with no pry points " `" G Payment Options - Coins, Bills, Crodlt Cards, Smart Cards, Value Cards ' • Card Reader - Cards are not Ingested - no moving parts Reads track 1.2 and 3 of all mag- stripe cards conforming to ISO 7810 and 7811 r Reads and writes to chip based smart cards coniorrning to ISO 7810 and 7816 • Note Stacker - 600 or 1000 bIfl capacity ° gill; • Coin Chan - Self - replenishing • Printer - 2' or 3" receipt widths 4, • Display - 320 x 240 resolution - color or monochrome LCD screen • ss ■ Keypad - Tactile buttons or piezo- electric non - moving buttons • Locks - Can be re -keyed twice without removing lock cylinder ■ Communications - GSM /GPRS. CDMA, 802.11 big Wi-F, metro -scale Wi-FI Networks, Ethernet . ,, '•A w • . Environmental Specifications - Ambient Range of -40°C to +55°C (-40 °F to +131°F)* and up to 96% Relative Humidity tk Power - AC 120 V, 60 Hz for charging battery or integrated solar panel (20 W) ■ Operation Modes - Pay -and- Display andlor Pay -by- Space • Multi- lingual Option - Up to 4 languages using roman or non - roman characters . Audible Alarm - Senses shock and vibration • Online Option - Real -time credit card processing, real -time reporting, maintenance and security alarms, remote rate configuration, integration with third party technologies, and more . Color - Custom colors available . Instruction Panel - Customizable . Standards - PCI Compliant, UL/CSAApproved. ADA Compliant -at)°C (.4tTF) based on separately purnased hea:sshnsuator option. Low end o' •ange is -20'C (.4 *F1 ambient without tw;aterfmsulato- option. Digital Payment Technologies Corp. We are a North American company that designs and manufactures solutions for the parking industry. with an expanded range of web based applications and integration with third party technologies in such areas as smart cards, communications protocols, and enforcement systems. Were always exploring new ways to add value to our products: . first North American on -street parking pay station integrated with a metro-scale Wt network o first to enable customers to host their own server tor ovine services • first to integrate a color screen into a multi -space on -street parking pay station ■ first to develop integration between pay stations and Pay-by-Cell parking so enforcement data can be automatically consolidated for both systems Our products are supported by outstanding customer service. Were available to he, you around the clock with 2417 telephone support. Our Client Services Support Portal allows you to email support questions, check the status of your helpdesk ticket. download product documentation, browse knowledgebase articles, and access five remote support. We also have a growing network of reseliers to provide local sales and on -site support. «ww,•w.•w.w.w « «r ».... . +»s. +.awww.ww >w•w «rower. .. wow ♦weww.. awwwawsr « «..•a.ra... w «rarrwa..• ,..a•lwwwaa.x «. «rrr » «.swae >wa, aerie r «ra « *.••.. rr G ITA�' To learn more about LUKE or find a local reseller. V ,� please call 1- 888 - 687 -6822 or visit our webslte at www.digitalpaytech.cam. PANPRI N1 t CH NOLOGIES ' E 3 • • Exhibit C Monthly Payment Schedule January February March April May June $5,000.00 $5,000.00 $7,500.00 $10,000.00 $20,000.00 $30,000.00 July August September October November December $45,000.00 $40,000.00 $20,000.00 $7,500.00 $5,000.00 $5,000.00 Total Guaranteed Base Income = $200,000.00 per year. 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Y �A/Y 9i 'Rit L. \ti RS4Rn . y f .:�> y yam' M ,,, S ; Sn" c Pi �>�' �, «> a 2's b t�s` yyR,`. 1>'"G°` ::;s; �,W4,�R'� � j fi� y ��. �,a: ��w.^ �r ,ag, >:�°>a"✓,,�•. � .�,� . �0 �:: 6'�r � » t � .. z ' .>, "� w x: gys > fi• ' „ .�' ` y . . :•-••• „ Sxy� ? <'•R` f � • -*<:''' --,� ' x< '3 c7r/g6 m'y R s. 7 �° e� �5�yp � a 0 3.��'/ i z DATE (MM /DD/YYYY) Awful' CERTIATE OF LIABILITY IN RANCE 10/29/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Commercial Lines - (415) 541 -7900 NAME: PHONE FAX Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 (A/ No. Ext). (A/C, No): ADDRESS: 45 Fremont Street, Suite 800 PRODUCER AB679877 CUSTOMER ID #: San Francisco, CA 94105 -2259 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A : ACE American Insurance Company 22667 Ampco System Parking, Inc. A CE Property & Casualty Ins. Co. 20699 INSURER B : P Y Y 1150 South Olive Street, Suite 1900 INSURER C : Liberty Insurance Corporation 42404 INSURER D : Hartford Fire Insurance Co. 19682 Los Angeles, CA 90015 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1979563 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD /YYYY) (MM /DD /YYYY) A GENERAL LIABILITY XSLG23742792 11/01/2010 11/01/2011 EACH OCCURRENCE _ $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded X $1,000,000 SIR PERSONAL & ADV INJURY $ 2,000,000 X xcu GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 PRO- $ X POLICY ,IFCT LOC A AUTOMOBILE LIABILITY ISAH08245320 11/01/2010 11/01/2011 COMBINED SINGLE LIMIT $ 3,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ X ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ B X UMBRELLA LIAB X OCCUR X00G25828070 11/01/2010 11/01/2011 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ X RETENTION $ 25,000 $ WORKERS COMPENSATION X WC STATU- OTH- C AND EMPLOYERS' LIABILITY Y / N EW7- 66N- 065134 -080 04/14/2010 11/01/2011 TORY LIMITS ER ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 OFFICER /MEMBER EXCLUDED? N N /A CA - $1,000,000 SIR (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 A Excess Auto XSAH0830175A003 11/01/2010 11/01/2011 $2,000,000 Limit Each Accident DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Branch 4120 Re: 2910 -2339 Lots 1, 8 + 10 City of Seal Beach, Its employees, agents and officers are included as Additional Insureds as respects to General Liability as required by contract per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Director of Administrative Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE 9( I 003008 The ACORD name and Togo are registered marks of ACORD © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 11111110111111111111111 Ill 1111111111111011 `CYBO5A29/000982/02/03/0/0/0/0` • OTHER Coverage (Continued from Page 1) INSR TYPE OF INSURANCE ADDL WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMIT LTR INSR SUBR (MM /DD/YY) (MM /DD/YY) D Employee Dishonesty /Fidelity 00FA024632810 11/01/2010 11/01/2011 $1,500,000 Each Occurrence $250,000 Deductible A Garage Keepers Legal Liability ISA H08245320 11/01/2010 11/01/2011 $3,000,000 Limit $1,000,000 Ded Comp & Collision 003009 Mill ill IMO 1311 Mill 11 1110 00 CY B05A29/000982/03/03/0/0/0/0" Commercial Lines - (415) 541 -7900 Wells Fargo Insurance Services USA, Inc. - CA Lic #: 0 45 Fremont Street, Suite 800 San Francisco, CA 94105 -2259 City of Seal Beach Attn: Director of Administrative Services 211 8th Street Seal Beach CA 90740 003007 I 1101 HO 11 `CYB05A29/000982/01/03/0/0/0/0` 11111111 Wells Fargo Insurance Services USA, Inc. 45 Fremont Street 1 - — Suite 800 I _ N.{ 9 San Francisco, CA 94105 �� i , (-2) City of Seal Beach Attn: Director of Administrative Services 211 8th Street Seal Beach, CA 90740 USA 22:320:5436 11111111111111111111111111111111111111111111111111111111111111 This document was brought to you by CertificatesNow. If you have questions regarding the content of this document, please contact the Producer /Agent listed on the certificate of insurance or the Insured listed on the notice of cancellation /reinstatement. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, email customercare @confirmnet.com, or visit our website at www.con£irmnet.com cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. r:4 Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 AC ®Rrn CERTIFICATE OF LIABILITY INSURANCE 04 /14/1 PRODUCER OD08408 1 - 415 - 541 - 7900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance Services USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 45 Fremont Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 San Francisco, CA 94105 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE AMER INS CO 22667 Ampco System Parking INSURERB:ACE PROP 6 CAS INS CO 20699 Branch 4120 INSURERC: INS CORP 42404 808 South Olive Street Los Angeles, CA 90014 INSURERD:HARTFORD FIRE IN CO 19682 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE (MMIDDIYYI DATE (MM /DD/YYI A GENERAL LIABILITY XSLG23742317 11/01/09 11 /01 /10 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMSES(Ea occurence) $ 2,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ Excluded X $1,000,000 SIR PERSONAL BADVINJURY $ 2,000,000 X XCU GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY n JEOT P1 LOC A AUTOMOBILEUABILITY ISAB08245009 11/01/09 11 /01 /10 COMBINED SINGLE LIMIT $3,000,000 X ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLALIABILITY X00G24903382 11/01/09 11 /01 /10 EACH OCCURRENCE $ 5,000,000 ) OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $ 25,000 $ C WORKERS COMPENSATION AND SEE SUPPLEMENTAL PAGE 04/14/10 11 /01 /11 X WCSTATU- T TORY LIMITS O ER H- EMPLOYERS' LABILITY E.L. EACH ACCIDENT $2,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED') E.L. DISEASE - EA EMPLOYEE $ 2 , 000,000 If s, des uner S PECIAL PR below E.L. DISEASE - POLICY LIMIT $ 2,000,000 OTHER D Empl. Dishonesty /Fidelity 00FA024632809 11/01/09 11 /01 /10 Each Occurrence 1,500,000 Deductible 250,000 A Excess Auto Liability XSAB0830175A002 11/01/09 11 /01 /10 Each Accident 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Branch 4120 Re: 2910 -2339 Lots 1, 8 + 10 City of Seal Beach, Its employees, agents and officers are included as Additional Insureds as respects to General Liability as required by contract per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Seal Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Director of Administrative Services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 211 8th Street REPRESENTATIVES. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE USA i` 4 ACORD 25 (2001/08) sditty © ACORD CORPORATION 1988 15288029 1. IMPORTANT 0 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 3:4 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/14/10 NAME OF INSURED: Ampco System Parking Additional Description of Operations /Remarks from Paae 1: Additional Information: C - Workers' Compensation and Employers Liability EW7 -66N- 065134 -080 04/14/10 to 11 /01 /11 Statutory Limits: $2,000,000 Each Accident $2,000,000 Disease -Each Employee $2,000,000 Disease- Policy Limit Self Insured Retention (CA): $1,000,000 Each Accident $1,000,000 Disease Each Employee C - Workers' Compensation and Employers Liability EW7 -66N- 065134 -090 04/14/10 to 11 /01 /11 Statutory Limits: $2,000,000 Each Accident $2,000,000 Disease -Each Employee $2,000,000 Disease- Policy Limit Self Insured Retention (OH /OR /WA): $500,000 Each Accident $500,000 Each Employee A - Garagekeepers Legal Liability ISAH08245009 11/01/09 to 11/01/10 $3,000,000 Limit $1,000,000 Ded. Comp. /Coll. - 'SUPP (05/04)