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HomeMy WebLinkAboutResolution - 5464 - Agreement - APCOA Inc - Parking Concesion - 04_10_1997RESOLUTION NO. 5464 Item #35 April 10, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Parking Concession Agreement with APCOA, Inc., attached hereto and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of April , 19 97 . ATTEST: kat Darnell, City Secretary APPROVED AS TO CONTENT i Mark N. Earle, Director of Aviati APPROVED AS TO FORM: old Willard, Assistant City Attorney HW.gs/ccdm\APCOAinc.res April 1, 1997 I 5V6q CITY OF LUBBOCK CONTRACT FOR AIRPORT PARKING CONCESSION LUBBOCK INTERNATIONAL AIRPORT 0 d Ln CITY OF LUBBOCK Lubbock, Texas0 RFP #t97001 Automobile Parking Concession Contract AUTOMOBILE PARKING CONCESSION CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND APCOA, Inc. FOR PARKING FACILITIES AT LUBBOCK INTERNATIONAL AIRPORT This contract is made and entered into this 10th day of April, 1997, by and between the City of Lubbock, Texas, a municipality operating Lubbock International Airport through its Department of Aviation whose address is Rt. 3 Box 389, Lubbock, Texas and APCOA, Inc. ("the Concessionaire"). WITNESSETH: WHEREAS, The City of Lubbock (hereinafter "City") owns and operates Lubbock International Airport (hereinafter "Airport"); and WHEREAS, City has hereby entered into an Contract.with "Concessionaire" to operate the Public parking lot facilities and the LEAP shuttle system at the Airport, and WHEREAS, Concessionaire has specialized skills and experience to provide the management, staff and services for the operation, marketing and maintenance of the public parking facilities designed hereunder; NOW THEREFORE, for and in consideration of the mutual covenants hereof, the parties do hereby agree as follows: Page 1 RFP #197001 Automobile Parldng Concession Contract ARTICLE 1 DESCRIPTION OF FACILITIES A. Facilities. City shall furnish and Concessionaire shall operate and manage in accordance with the provisions hereof, those certain parking areas designated and delineated on Exhibit °6.1 ° attached hereto and by this reference made a part hereof, except the overflow parking lot, together with all improvements and equipment including a computer -operated revenue control system. Concessionaire shall furnish and operate a. LEAP SHUTTLE SERVICE as further described herein. All such areas hereafter furnished are hereinafter collectively called the °Facilities." Nothing herein shall limit the right of the City to provide for valet parking or to regulate parking upon the public street or drives adjacent to the terminal building or facilities. B. Additions and Deletions of Facilities. The Director of Aviation (hereinafter referred to as the Director) shall have the right, from time to time, to change the parking area facilities to be operated by Concessionaire. Any additional or substituted parking areas shall thereafter be subject to all the terms, provisions, covenants, and conditions of this Contract, and Concessionaire shall operate any additional or substituted area or cease operations of any area deleted, as the case may be, shall be in accordance with the terms and conditions of this contract. The City shall make the overflow parking lot available to the Concessionaire as needed to accommodate demand. Nothing herein shall limit the right of the City to manage or otherwise use the overflow lot for other purposes. C. Concessionaire Accepts Facilities. Concessionaire acknowledges that it has carefully examined the Facilities and is familiar with all equipment, including the computer - Page 2 RFP #97001 Automobile Parking Concession Contract operated revenue control system and Shuttle system and Concessionaire hereby accepts the same as it exists on the commencement date of the term hereof. ARTICLE 2 TERM The term of this contract shall be for a period of five (5) years from the date of execution. This contract can be renewed for an additional five years under terms agreeable to the City and Concessionaire, such terms to be negotiated and accepted by both parties no later than six months prior to the end of the initial term. Should mutually acceptable terms not be reached, the City reserves the right to terminate the agreement at the end of the initial term. ARTICLE 3 CONCESSIONAIRE'S REQUIREMENTS A. Concessionaire is granted the exclusive right to operate only the public parking facilities shown on Exhibit B and the LEAP Shuttle system. B. The Concessionaire shall be continuously and properly licensed and shall furnish service on a fair, reasonable, and non -discriminating basis to all Airport users. The service shall be prompt, courteous, efficient, and with minimum delay. All services must conform in all respects to Federal, State, and municipal laws, ordinances, and regulations. C. Concessionaire shall employee, train, and supervise all personnel and shall provide all supervision and management, as necessary to efficiently perform the foregoing services and functions. The Parking facilities shall be operated on a 365 day basis and exit booths shall be staffed and controlled accordingly during the term of this Contract. The maximum acceptable waiting period allowed for any exit booth for a parking patron shall not exceed three minutes unless all four (4) cashiering booths are staffed in that lot. Entry lanes and ticket dispensing machines will operate at all times except during maintenance on an individual piece of equipment, in which case at least one (1) ticket r Page 3 1 RFP #97001 Automobile Parking Concession Contract dispensing machine for each parking area will be operational. All exit and entrance lanes and cashier booths shall be open one (1) hour before the first scheduled airline departure and may close one (1) hour after the last flight is on the ground. D. Concessionaire shall bear, at its own expense, all operating expenses (excluding utilities) , for the parking and shuttle operation and its employees; including but not limited to parking tickets, office supplies, cleaning supplies, fuel, vehicle maintenance, uniforms, record forms, service and maintenance of revenue control systems, offices, telephone service, including data/communication lines, insurance, sales taxes of goods and services provided by the operator, personal property taxes, or other taxes required to be paid by Concessionaire, and pay all license, permits, and other such fees. E. Concessionaire shall not permit any advertising displays, vending machines of any kind, pay telephones, amusement devices, gambling, distribution of handbills or other advertising matter, or sale of merchandise, products, or services or solicitation, verbal or written, or permit or engage in the operation of any business other than the auto parking concession at the Airport, except with the prior written permission of the Director. F. Concessionaire agrees to provide, at no cost to City, consulting services relating to technological evaluation and improvements in revenue control equipment for public parking. G. Except as hereinabove expressly provided, Concessionaires shall not perform any services to the public at or from the airport, shuttle, or parking Facilities without the prior written approval of the Director. — H. Concessionaire shall observe revenue handling and reporting procedures as set forth in Article 6 below. Concessionaire shall bond all employees and shall be responsible for all Page 4 RFP #197001 Automobile Parking Concession Contract revenue shortages due to errors or pilferage by its personnel, and commissions on all revenue shortages shall be paid to the City. I. Trash Disposal. Concessionaire shall, at its sole expense, dispose of all trash, garbage, and other refuse resulting from its business operations authorized by this Contract in the Airport's trash disposal system. Concessionaire will be assessed $90.00 per month for one 3 cubic yard container. ARTICLE 4 RESTRICTIONS ON USES AND PRIVILEGES A. Use of Facilities. The Facilities shall be used only for the purposes specified in this Contract. B. Coin Operated Devices. Concessionaire shall not have the right to install or operate vending machines or coin -operated amusement machines or devices in the Facilities. City specifically reserves the right to arrange for installation of such pay telephones as Concessionaire may require and other coin -operated devices as City may desire and to secure the income therefrom, so long as they do not interfere with the parking operations. C. Use of a PA System. Concessionaire shall not have the right to make or cause to be made on its behalf, any announcements over the public address, flight announcement and paging system of the airport. D. Diversion of Trade. Concessionaire shall not divert nor permit any employee to divert any parking trade from the Airport or to interfere with normal Airport operations. The Director of Aviation, at his sole discretion, shall make any determination of diversion or interference. E. Right to Develop and Operate Airport. Concessionaire shall take no action to interfere with the City's right to develop and operate the airport as the City may so determine. Page 5 RFP #97001 Automobile Parldng Concession Contract F. Non -Competition. Concessionaire shall not operate any other parking and/or shuttle facility within five (5) miles of the Airport. ARTICLE 5 FEES AND PAYMENTS A. Definition of Gross Receipts. "Gross Receipts" shall mean all moneys, paid or payable for transactions made and for services rendered for use of and/or arising out of the operation of the Parking Facility, including all parking fees imposed by the City } regardless of when or where the services are rendered, whether on a cash or credit basis, and including dishonored checks, but excluding: any taxes arising hereunder imposed by law directly paid by the Concessionaire or the City to a twang authority, or exemptions approved by the City. Credit card fees and uncollectible receivables shall not be deducted from gross receipts. B. Commissions In each year of the initial term of the contract, Concessionaire agrees to pay to the City of Lubbock specified percentages of annual gross receipts from the parking operation or a specified minimum annual guarantee, whichever is greater. The percentages of gross receipts for, each year of the initial term of the contract shall be as specified by Concessionaire on the Proposal Submittal Form attached hereto as Exhibit H.1. The minimum annual guarantee for the first year of the initial term shall be as specified by Concessionaire on Exhibit H.1.. Commissions due during the second five year term of the contract shall be established through negotiations in accordance with Article 2 of this agreement. C. Payments For the term hereof, one -twelfth (1/12) of the minimum annual guarantee shall be paid monthly in advance by the first (1 st) day of each month, the first such payment being due on the first day of operations under the agreement. By the tenth Page 6 RFP #97001 Automobile Parldng Concession Contract (10th) day of each month, Concessionaire shall pay any additional amounts due under the agreement for the previous month. At the end of each contract year, the total amount of the payments made during the year to the City shall be compared to the percentages and amounts specified in Exhibit H.1 for that year to ensure that the greater of the proposed percentage fee or minimum annual guarantee has been paid. In the event that it is determined that there is a difference between the amount previously paid for that year and the amount actually due under the agreement an adjustment shall be made and payment for the outstanding balance shall become immediately due. D. In the event that Concessionaire is delinquent in any payment due to city fora period of thirty (30) days or more, in addition to any other right the city may exercise at law, Concessionaire agrees to pay City a late charge equal of five percent (5%) of the total monthly payment of said delinquent rental or fee. Any payments past due more than sixty (60) days shall also have interest added thereon at the rate of 1.5% per month. E. Upon any Concessionaire default other than rent or fee payments,'and Concessionaire's failure to remedy such default within thirty (30) days_of written notice from the Director of Aviation, City shall have the right to enter the Facilities,and remedy the default or cause such default to be remedied, the full cost of which shall, together with twenty percent (20% ) for the cost of administration, be paid by Concessionaire to City. ARTICLE 6 ACCOUNTING RECORDS AND REPORTS A. Record Retention Concessionaire agrees that it will at all times during the term of the Contract, and any extension or renewal thereof, keep available at Lubbock, Texas true, accurate and complete books and records, for the current year and previous two years, r Page 7 ,F RFP 997001 Automobile Parldng Concession Contract from which Gross Parking Receipts can be determined in accordance with generally _ accepted accounting principles and in a form otherwise satisfactory to the City. B. Concessionaire shall provide the following reports and payment to City: 1. On or before the 10th day of each month after, commencement of operations hereunder, Concessionaire shall submit to city a detailed statement showing all Gross Receipts derived from the business transacted by Concessionaire on the Airport during the preceding calendar month. Such report shall be submitted on forms as determined mutually acceptable to Concessionaire and City, and should commissions due exceed the minimum paid on the first (1 st) of each month, shall be accompanied by payment to City of the excess of commissions due over the minimum guarantee. This report will contain a daily revenue summary by lot with an additional column for sales tax paid. In addition, it must give a contract year-to-date total. 2. The Concessionaire shall, within sixty (60) days following the end of each complete contract year, submit to the City an independent Certified Public Accountant's Statement of Concessionaire's operating revenue .which shall reflect that revenues were properly reported, collected and remitted to City for the period covered by the statement. The Statement must not be limited in scope by the Concessionaire and shall opine as to the accuracy of the reporting of Gross Receipts by Concessionaire and must further be prepared in accordance with generally accepted accounting principles. which are consistently applied. Such annual report shall be certified by an Independent Certified Public Accountant and shall be prepared in such detail and on such forms as are -- determined satisfactory by Concessionaire and City. 3. A monthly report on parking tickets collected by lot, by day, to include a summary count of the daily license plate inventory and the dollar value of revenues forfeited due to Page 8 RFP #197001 Automobile Parldng Concession Contract Cnon revenue parking (ref. Art. 76). Said report shall also include the date(s) and time(s) that any given parking lot was closed in the previous month. Concessionaire shall account for tickets that are not redeemed at cashier stations or the pay -on -foot stations pursuant to the Ticket Redemption and Accountability Plan (Exhibit G). Concessionaire agrees that unaccounted for tickets will be equal or less than 1/2% of 1% of total tickets. If unaccounted for tickets exceed this percentage, Concessionaire agrees to pay $10.00 per ticket to the City for the next 1/2 of 1% total tickets, and $15.00 per ticket in excess of ,• 1 % of total tickets. 4. Any other reasonable financial or statistical reports which City from time to time may request by written notice to Concessionaire. C. Upon written notice at any time within two years after the end of any Contract Year of operation, City may cause, an inspection and audit to be made of the books and records of Concessionaire by an Independent Certified Public Accountant relating to its operation on the Airport. Said inspection or audit shall be performed at the Airport at a location determined by the Director of Aviation. Such audit shall be made to determine the correctness of the computation of Gross Receipts made for the preceding year. If as a result of such inspection and audit it is established that additional fees are due City, Concessionaire shall, upon written notice by City, pay such additional fees, plus penalties, calculated at one and one-half percent (1 1/2%) per month, with ten (10) days of written notice. If as a result of such inspection and audit it is established that Concessionaire has overpaid the fees due City, City shall refund such overpayment. D. If the results of such audit reveal a discrepancy of more than five (5%) percent between Gross Receipts reported by Concessionaire and Gross Receipts as determined by audit, the cost of the audit shall be borne by Concessionaire. F Page 9 RFP 997001 Automobile Parldng Concession Contract E. Reports shall be signed by the preparer, countersigned by the General Manager, and shall include, in addition to other reports required by this Contract, but not limited to, the following: 1. Cashier's daily shift reports. 2. Daily shift reconciliation. 3. Daily report of gross revenues, audit totals, cash reports, bank deposits, physical inventory, ticket activity and ticket reconciliation. 4. Monthly activity and gross revenue summaries and certifications, to be reconciled to daily reports. 5. Monthly gross revenue summaries by parking lot. F. Cash Handlinq Concessionaire shall develop procedures for handling the receipt of moneys for City approval prior to commencement of operations. Said procedures shall become Exhibit "C" and made a part hereof. Concessionaire shall perform periodic and surprise audits regularly of cashiers to assure that they are performing in accordance with the procedures.. ARTICLE 7 SCHEDULE OF PARKING RATES A. Concessionaire shall charge only those parking charges which are established by City from time to time in a written schedule of rates issued by the Director. It shall permit no J. unauthorized free use of parking space, and shall make no other charges whatsoever. City, acting as above, shall have the sole and unrestricted right to establish the initial parking rate schedule upon commencement of this contract and from time to time, as often as it considers it necessary or advisable, to increase or decrease said parking rates Page 10 RFP 0970M Automobile Parldng Concession Contract upon ten (10) days written notice to Concessionaire. If rates are reduced, the percentage guarantee will be adjusted to levels agreed to by both parties. B. Upon commencement of this Contract, Concessionaire shall charge the parking rates as shown on Exhibit °D". C. If the Concessionaire collects from any patron, a price in excess of the established schedule of rates, the amount by which the actual collection exceeds the established rate schedule shall constitute an overcharge which shall, upon demand of City, or of Concessionaire's patron, be promptly returned to the patron. D. Concessionaire will allow free parking for individuals designated by the City. City will provide Concessionaire with a list of these individuals, subject to State Law. Those receiving the free parking privilege will be limited to local, State and Federal elected officials representing the area served by the Airport, appointees to the Airport Board, and Senior City staff as designated by the Director of Aviation. Concessionaire will provide City with free exit passes, upon request, to distribute to such designated individuals. A maximum of fifteen (15) free minutes of parking will be provided for a vehicle that enters the parking premises solely for the purpose of jump-starting and/or assisting a patron whose vehicle has mechanical difficulties. Free parking will also be provided for individuals exiting the parking premises who present a parking ticket signed by the Director of Aviation or designated Airport official. A list of those authorized to sign the courtesy tickets will be provided to Concessionaire by the Director of Aviation. E. The rates for the public parking lots shall be prominently posted by Concessionaire at all entrances and exits of the Facilities. r Page 11 RFP 997001 Automobile Parldng Concession Contract F. Concessionaire shall accept cash, major credit cards, travelers' checks and personal checks with verifiable ID as payment of parking fees. The City currently accepts VISA, Mastercard, and American Express. ARTICLE 8 INSURANCE The Concessionaire will hold the City of Lubbock harmless from any claim of liability asserted by reason of the negligence of the Concessionaire, its agents, servants, and employees in the performance of this Contract. Throughout the term of this Contract, the Concessionaire will maintain Worker's Compensation and liability insurance in the following minimum amounts: — A. Comprehensive General Liability Insurance 1. The Concessionaire shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability In Contractors Coverage Personal Injury (with exclusion "c" waived) Page 12 P i, RFP 497001 Automobile Parking Concession Contract 2. _ The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to r t the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. 1. The Concessionaire shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured r and the amount of such policy shall be as follows: 2. For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. Automobile Liability Insurance C. Comprehensive ty n 1 : 1. The Concessionaire shall have Comprehensive Automobile Liability Insurance with limits of not less than; 2. Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non - ownership Liability Hired and 'Non -owned Vehicles.. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. All Risks Coverage Page 13 RFP #97001 Automobile Parldng Concession Contract 1. The Concessionaire shall obtain All Risks Coverage in an amount equal to the full insurable replacement value of the Concessionaire's improvements at the Lubbock International Airport. E. Excess or Umbrella Liability Insurance 1. The Concessionaire shall have Excess or Umbrella Liability Insurance in the amount of $1,000,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. ~ 2. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance 1. As required by State statute covering all employees whether employed by the Concessionaire or any Subcontractor on the job with Employers _ Liability of at least $500,000 bodily injury per accident, $500,000 bodily injury disease policy limit, and $500,000 per disease per employee. G.' Proof of Coverage Before work on this contract is commenced, the Concessionaire and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: Page 14 RFP #970M Automobile Parldng Concession Contract 1. The name and address of the insured. 2. The location of the operations to which the insurance applies. 3. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. 4. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. 5. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the RFP specifications. 6. A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. 7. The certificate or certificates shall be originals. No substitute of nor amendment thereto will be acceptable. 8. If policy limits are paid, new policy must be secured for new coverage to complete project. H. Proposer's Certification indicating if proposer is a Nonresident Proposer or a Texas Resident Proposer, as defined by HB 620 (attached). I. Workers' Compensation Certificate (attached). J. Proposer's Affidavit of Non -Collusion (attached). K. Concession Contract for Public Parking Facilities at Lubbock International Airport (attached). Page 15 RFP #97001 Automobile Parking Concession Contract L. The Concessionaire shall file Certificates of Insurance with the City Purchasing Manager and will not cancel any of them without the Purchasing Manager's written approval. ARTICLE 9 FIDELITY BOND Concessionaire, at its own cost and expense, shall secure and maintain a blanket position fidelity bond in the amount of $20,000 for each employee who handles money hereunder. Concessionaire also agrees to properly present and pursue claims against said bond when any employee is found to have violated the terms of the bond and taken money to which access is given hereunder. Concessionaire also agrees to return the account for any such funds received from such bond, paying City is appropriate share of the lost or stolen funds recovered. ARTICLE 10 STANDARDS OF SERVICE A. Staffing Requirements. Concessionaire shall propose, and at all times meet the "Staffing Schedule" Concessionaire shall set forth and list as Exhibit "E", and failure to do so shall be an "event of default" hereunder. Concessionaire shall provide adequate personnel to meet all reasonable demands of the public as determined and interpreted by City, acting by an through its Director of Aviation. It is expressly agreed that Concessionaire shall " staff the cashiering stations at the exit toll lanes so that there shall not be a sustained back-up of exiting vehicles for longer than three minutes at any time. B. Type of Operation. Concessionaire shall operate the space in a first-class manner and provide prompt, courteous, and efficient service at all times, following in all respects the highest and best practice of public parking operations in the United States. The Concessionaire shall adopt methods and procedures, and cause its employees to comply Page 16 RFP #97W1 Automobile Parlang Concession Contract with same, so that the space shall be kept in a neat and orderly condition. The contract r with each operator of a motor vehicle who parks in the space shall consist solely of a pre - numbered and automatically dated and time -stamped parking ticket, which shall be issued by the parking control equipment to the operator of each motor vehicle upon its entrance into the space, and which ticket shall contain only such terms, conditions, and provisions as the Director of Aviation may approve from time to time in writing, and no other terms, conditions, and provisions whatsoever. C. Manager. The management, maintenance, and conduct of the Concessionaire's operations hereunder shall at all times during the term hereof be under the daily supervision and direction of a full time, professional, qualified, competent, and experienced resident manager (hereinafter referred to as "General Manager") representing Concessionaire, who shall be subject at all times to the direction and control of Concessionaire. Concessionaire will cause such General Manger to be assigned a duty station or office on the airport, at which location he/she shall be available during normal business hours; and Concessionaire shall, at all times during the absence of the General Manager, assign or cause to be assigned a qualified subordinate to be in charge of the Facilities and to be available on the premises and to act for the General Manager in his/her absence. The person appointed as General Manager shall be subject to prior written approval of the Director of Aviation, provided, however, that such approval shall not be unreasonably withheld. The General Manager shall have Concessionaire's authority to make decisions and establish rules and procedures necessary to conduct daily operations. D. Personnel. r Page 17 RFP #97001 Automobile Parking Concession Contract 1. Concessionaire shall employee qualified and trained full-time supervisors, attendants, cashiers, checkers, cleaners, clerks, inventory personnel, and others in a sufficient number to assure a high standard of service to the public. 2. Concessionaire shall employ only such personnel as will assure a consistent and high standard of service to the public, and Concessionaire shall maintain a close check over all said personnel to assure such service to the public and the complete and accurate levying and collection of all parking charges due hereunder. All personnel shall be clean and neat in appearance, appropriately attired, in Concessionaire's standard uniform, and shall wear approved Identification Badges furnished by the Concessionaire. No personnel employed by the Concessionaire shall use improper language, or act in a loud, boisterous or otherwise improper or discourteous manner. Concessionaire shall take all -- proper steps to immediately terminate employees who participate in such acts of misconduct at the Airport. Concessionaire agrees to terminate the employment of any employee whose conduct the Director of Aviation deems detrimental to the City. 3. Concessionaire's employees, during hours of employment only, will park in the designated employee parking lot. E. Claims and Complaints. With respect to any claim or complaint, upon written request, Concessionaire shall furnish the Director a full written report of the circumstances involved and shall maintain a log of all complaints received. F. Removal of Vehicles. Concessionaire will not allow abandoned vehicles to remain on the leased premises. Abandoned vehicles will be removed and disposed of from the leased premises as allowed by law. Concessionaire will provide the Director of Aviation with a written procedure for identification and removal of abandoned vehicles which complies with statutory law. Concessionaire is responsible for any costs associated with the —' Page 18 pp V RFP 997001 Automobile Parldng Concession Contract r ` removal of abandoned vehicles. If any revenues are obtained by Concessionaire from ( the disposal of abandoned vehicles, Concessionaire will share the revenues with City as provided for in Rental, Article 5 (revenues shared with the City are derived from the legal sale of an abandoned vehicle minus any expenses incurred by Concessionaire as a result of the abandoned vehicle.) G. Assistance for Disabled Vehicles. Concessionaire shall either maintain capability to provide, at no cost to patron(s), 24 hour emergency service for vehicles of parking patrons or provide such service through contract with others. Such emergency service shall include as a minimum: Provisions to start vehicles with dead batteries and inflate Fflat tires. H. Advertising and Promotion. Concessionaire shall be responsible for informing the traveling public about the public parking services at the Airport and the parking rates. All 4 methods and material used in advertising and promotion shall be subject to prior written approval of the Director. r I. Disabled Persons. Concessionaire shall take appropriate actions to assure that parking ` spaces, which are designated for use by disabled persons are in fact used only by bona fide disabled persons as defined by law. rJ. Security. Concessionaire shall provide security for all parking receipts, parking tickets used and unused keys, and computer cards. Concessionaire shall provide personal ( ), Y , P P and property security in the form of staff patrols armed escort and/or armored car F services for deposit of cash receipts, employee awareness, observation and reporting, routine inspection patrols and immediate reporting of any suspected security compromise to Airport Police Dispatch. Page 19 RFP #97001 Automobile Parldng Concession Contract K. LEAP Shuttle Service. From the first day of operation, Concessionaire shall operate daily shuttle service from the Airport terminal to covered parking beginning each day one (1) hour before the first scheduled airline departure and may cease operations one (1) hour after the last flight is on the ground. Concessionaire shall negotiate the purchase of the existing City shuttle fleet and shall immediately add one (1) ADA accessible van. The _ fleet shall consist of no fewer than four vehicles each with a minimum passenger capacity of seven people plus a driver with ample storage area for luggage. No vehicle in the fleet shall be older than five (5) years old counting from the current year with January 1 as the start date. The entire fleet shall be replaced over time on this basis. Maximum clearance available to accommodate vehicles in the covered parking is 98.5 inches. The minimum acceptable number of ADA accessible shuttles is one (1). Concessionaire shall operate the shuttles in a manner that will satisfy requirements of the Public Law 101-336, Americans with Disabilities Act and in sufficient number and size to provide service on a rotating schedule where two or more vans complete a circuit between the garage and terminal building a minimum of once every fifteen minutes (one shuttle shall arrive and depart the terminal and parking facility every 7-1/2 minutes) during the hours of operation. Concessionaire will submit, for Director of Aviation approval, a shuttle operating schedule upon execution of this contract. Concessionaire. shall make no change to the schedule without prior approval by the Director of Aviation. Shuttle vehicles shall be kept in a clean operating condition and licensed for street operation. 1. Concessionaire shall make no charge of any kind to shuttle bus passenger. 2. Any money or property left by a customer in or on a shuttle shall immediately be reported to Airport Police and turned in a manner as determined by the Police. Page 20 F F F F r r C F F RFP #97001 Automobile Parldng Concession Contract L. Revenue Control Equipment. 1. Concessionaire shall utilize without charge, the existing parking control equipment and revenue control equipment. Any modification by the Concessionaire shall be approved in writing by the Airport. All costs associated with any change on modification shall be borne by the Concessionaire. Title to the parking control and revenue control equipment, shown on Exhibit"IF", shall remain with the City. However, the equipment will be in the full custody, care, and control of Concessionaire, who shall be responsible for maintaining equipment in accordance with manufacturer's specifications and prudently safeguarding and caring for the equipment in the same manner as if it were Concessionaire's personal property. In the event of theft or destruction, Concessionaire shall replace such equipment with due diligence and at its own costs. All equipment shall be serviced and maintained by a factory authorized and qualified service company. The standards for service shall be subject to review and approval by the Director of Aviation. 2. An annual inventory of the revenue control equipment shall be performed jointly by Concessionaire and City, and an updated Exhibit "F" shall be prepared and attached hereto. The first such inventory shall occur in one year after contract start date. 3. Concessionaire acknowledges that it understands and is capable of operating the revenue control system including the license plate inventory and space control in place at the commencement of this contract. M. Telephone Service. Concessionaire shall, at its sole expense, procure its own office telephone equipment and shall pay all local and long distance telephone service charges and data line charges. Page 21 RFP tl97001 Automobile Parldng Concession Contract ARTICLE 11 IMPROVEMENTS AND CONSTRUCTION A. Installations by Concessionaire. 1. Concessionaire shall, without cost to City, install trade fixtures, signage, and any equipment or improvements not provided by City which are necessary for the customary operation of auto parking services. All improvements, fixtures and equipment used shall be of high quality, safe, fire-resistant, attractive in appearance, and shall require written approval of the Director of Aviation prior to installation. All improvements which are affixed to the premises are referred to herein as "Capital Improvements." All non -affixed items, including movable safes and furniture, are referred to herein as "Trade Fixtures." a. Other improvements, including signs, needed with respect to the operation of the Facilities may be provided by Concessionaire, subject to approval of the Director of Aviation. b. No signs, banners, cards, posters, panels, or advertising material visible to the general public on the Airport may be displayed in or about the Facilities or on the Airport unless previously approved by the Director of Aviation in writing. c. Concessionaire will make, at its sole expense, all improvements to the Capital Improvements required to satisfy ADA requirements for its employees. B. Approval of Plans and Specifications. ^ 1. The initial and all subsequent plans for all installations to be made in the Facilities by Concessionaire, and any subsequent alterations or additions thereto, shall be subject to the prior written approval of the Director of Aviation. Concessionaire, prior to making any such installations, shall submit to the Director of Aviation for written approval, precise plans, delineation's, colors, and materials; and for any equipment of Concessionaire Page 22 F r F F RFP #97OD1 Automobile Parldng Concession Contract which affects the parking and revenue control system performance, specifications and other data with respect thereto shall also be submitted; and no such installation may be made by Concessionaire without such prior written approval. All construction shall conform with the general architectural requirements of City. No more that thirty (30) days after alterations/additions have been completed, Concessionaire shall provide to the City complete, contractor certified, accurately measured, "as -built" drawings on reproducible mylar paper. 2. All improvements, equipment, and interior design and decor constructed or installed by Concessionaire, its agents, or contractors, including the plans and specifications therefore, shall conform in all respects to applicable statutes, ordinances, building codes and rules and regulations. Any approval given by the Director of Aviation hereunder shall not constitute a representation or warranty as to such conformity and responsibility therefore shall at all times remain with Concessionaire. 3. Concessionaire shall obtain all required professional engineering services for plans, specifications and construction documents. 4. Concessionaire shall make application for and obtain all applicable permits from City of Lubbock to complete its construction/installation projects. l C. Title. All capital improvements (excluding shuttle vehicles) and alterations or repairs 4 made to the Facilities by Concessionaire shall become and remain the property of the City. D. Structural Alterations. Concessionaire shall make no structural alterations to the Facilities without written consent of the City. E. Removal and Demolition. Concessionaire shall not remove or demolish, in whole or in r part, any of the Facilities without the prior written consent of the Director of Aviation who ll Page 23 RFP #97001 Automobile Parldng Concession Contract may, in his discretion, condition such consent upon the obligation of Concessionaire to replace to same by an improvement specified in such consent. F. Installations/Improvements by City: 1. Existing entrance, directional, rate and other signs within all parking lots. (Concessionaire will maintain existing signs and provide all additional signs at its sole _ expense.) 2. Perimeter roads to the paid parking lots, curbing as required, and sidewalks as required. 3. Any landscaping deemed by the City to be necessary or desirable. 4. Water and sewer lines to the premises. 5. Electrical lines to the premises. 6. Light poles for general illumination. 7. Four Exit Gatehouse Buildings. 8. Parking control and revenuecontrol equipment as shown in Exhibit "F". ARTICLE 12 MAINTENANCE OF FACILITIES A. City Obligations 1. City shall maintain parking lot grass and landscape areas. 2. City shall throughout the term of this Contract, maintain all roads on the Airport giving access to the Facilities in good and adequate conditions. — 3. Nothing herein shall or shall be construed to limit, or affect, the City's right through its officers, employees, representatives, and contractors, for the benefit of the Concessionaire, or for the benefit of theirs than the Concessionaire at the Airport, to maintain existing and future service system and to enter the Facilities at all times to make Page 24 RFP #97001 Automobile Parldng Concession Contract such repairs, replacements and alterations as may, in the opinion of the City, be deemed necessary or advisable, and from time to time, to construct or install over, on, in or under the Facilities new systems, pipes, lines, mains, wires, conduits, ducts, and equipment; and the exercise of such right shall not be deemed a breach by the City of this Contract; provided, however, that the City shall exercise such rights in a manner, so as to interfere as little as reasonably possible with the Concessionaire's operations hereunder. 4. Nothing contained in this Subsection shall impose or shall be construed to impose upon the City any obligation to maintain, or to make such repairs, replacements, alterations or additions, nor impose any liability for failure to do so. 5. If the City deems it necessary or advisable to enter any portion of the Facilities, for a temporary period, to perform construction or other work thereon, in order properly to operate the Airport, or any part thereof, the Concessionaire shall upon request, relinquish to the City for such temporary period, such of the Facilities as is required by City, and no interference with the Concessionaire's operations pursuant to this Section shall be deemed a breach of this Contract by City. 6. The City shall maintain the parking lot facility and garage including but not limited to painting, patching, repairing, and sealing the paved surfaces, traffic control signs, traffic flow directional signs outside the facility & area designator (locator) signs inside the facility, curbs, walkways, bumper blocks, garage structure, exterior of the cashier booths and their electrical systems (not including HVAC). 7. The City shall be responsible for maintaining and servicing lighting and all light fixtures and standards in the parking lot, gates, covered parking, including area overhead lighting, and exterior of the cashier booths. Page 25 RFP #97001 Automobile Parldng Concession Contract 8. City will pay for all electric consumption, water consumption and gas consumption associated with operating the facilities. 9. City shall furnish at no cost to the Concessionaire one (1) office at a location to be selected by the City. Concessionaire may choose to locate an office at another location at no cost to the City and the City shall approve the location. B. Concessionaire's Obligations. 1. Concessionaire shall provide complete maintenance of the parking control and revenue control system equipment which includes but may not be limited to the complete inventory of equipment specified at Exhibit °F°. and maintenance and custodial services for the cashier booths, office and rest room facilities and every part thereof and keep said equipment, booths, office, and rest room facilities in good order, and in good and safe condition, and shall repair all damages caused by its employees, patrons or its operations hereunder. Complete maintenance shall include, but not be limited to, painting, heating and air conditioning, lighting and plumbing fixtures all within the interior of the cashier booths. All such maintenance, repairs and replacements shall comply with all applicable State and local ordinances. 2. The Director shall be the sole judge of the quality of maintenance. Authorized agents of city may, at any reasonable time, without notice, enter upon the space to determine if maintenance is satisfactory. .lf it is determined that said maintenance is not satisfactory, the Director shall so notify Concessionaire. 'Within ten (10) days after receipt of written notice by Concessionaire, City or its agents shall have the right to enter upon the space and perform the maintenance therefor, and the cost thereof, plus twenty percent (20%) administrative overhead, shall be charged to the Concessionaire. Page 26 RFP #l970M Automobile Parldng Concession Contract 3. Concessionaire shall promptly notify the Director or his designee of any and all items or matters requiring maintenance by City on the facilities. 4. Concessionaire shall be responsible for the cleaning of the facilities, which will include, but not be limited to, all sweeping of sidewalks and parking surfaces, picking up, containerizing all litter, debris, trash, waste, garbage, refuse, petroleum wastes on each parking lot not less frequently than once each twenty-four (24) hour period and not allowing dirt and gravel to accumulate inside the garage. At least once during each said twenty-four (24) hour period, Concessionaire shall cause the facilities to be inspected and shall promptly thereafter perform such cleaning as is necessary to keep all of the facilities clean, neat and orderly. Concessionaire shall also be responsible for snow and ice removal and control within the facilities including all sidewalks adjacent to facilities. If it is determined that said cleaning is not satisfactory, the Director of Aviation shall notify Concessionaire in writing. If said cleaning is not performed by Concessionaire within twenty-four (24) hours after receipt of written twice, city or its agents shall have the right to enter upon the space and perform the cleaning therefor and the cost thereof, plus twenty (20%) percent administrative overhead, shall be charged to the Concessionaire. 5. Concessionaire shall provide a complete and proper arrangement for the adequate sanitary handling of all trash, garbage and other refuse resulting or collected in or from its operations on the parking facilities and shall provide and use suitable covered metal receptacles for all garbage, trash and other refuse generated on or in connection with the space. Piling of boxes, cartons, barrels or other similar items in or in view of public areas shall not be permitted. 6. Concessionaire shall, at its sole expense, maintain inspect, and recharge Four (4) fire Fextinguishers provided by City pursuant to Lubbock Fire Department requirements. FPage 27 RFP #R97001 Automobile Parlang Concession Contract 7. Concessionaire shall stripe pavement every three (3) years or earlier as needed to keep clear, sharp painted markings easily seen by the public. 8. Concessionaire shall provide and maintain rate signs after the initial signs are provided by the City under the new sign contract, directional, way -finding or general information type signs that are deemed necessary to the efficient operation of the facility by the Concessionaire. Concessionaire's responsibility shall be inside the facility. In the event of a rate change, Concessionaire will provide new signage prior to the effective date of the change. 9. Concessionaire shall be solely responsible for the storage of equipment needed to accomplish the foregoing. , ARTICLE 13 ASSIGNMENT AND SUBLEASING The Concessionaire shall not assign, transfer, sublease, pledge, hypothecate, surrender or other wise encumber or dispose of this Contract or any estate created by this Contract, or any interest in any position of the same, or permit any other person or persons, company or corporation to occupy the leased Facilities, without the written consent of the Director being first obtained, which consent shall not be unreasonably withheld or delayed. ARTICLE 14 :DISPOSITION OF PROPERTY A. Title to its property of every kind and nature whatsoever which Concessionaire may have placed or installed upon the Facilities, any and all fixtures, tools, devices, appliances, furniture, pictures, furnishings, equipment, and supplies, of every kind and nature, �- heretofore or hereafter placed or installed by Concessionaire on the Facilities shall, as between City and Concessionaire, be and remain the property of Concessionaire, notwithstanding the same are or may be attached or affixed to the floors, ceilings, or any Page 28 F r F F F r RFP #197001 Automobile Parldng Concession Contract other parts of any buildings or structures on the Facilities. Concessionaire shall have said right to remove same provided that, upon any such removal, Concessionaire shall repair, at its own expense, any damage resulting therefrom and leave the Facilities in a clean and neat condition, with all improvements in place. B. Upon termination of this Contract, city shall be entitled, upon written request, to have Concessionaire remove all property from the Facilities within thirty (30) days after said termination. If Concessionaire fails to remove said property, if so request by City, said property may after thirty (30) days be removed and stored by City at Concessionaire's expense, plus 20% of the removal and storage expense for cost of administration. C. At the expiration of this Contract, City shall have the option of accepting full title to all improvements, alterations and additions to the Facilities or City may require such to be removed by Concessionaire, in which event Concessionaire shall, at its sole cost and expense, raze and remove them from the Facilities. In the event City elects to accept title, it shall accept the improvements with all alterations and additions thereto in their condition at such time, without any cost to or payment by City, and without the execution of any deed or other document, such improvements shall automatically pass to and become vested in City. ARTICLE 15 INSPECTION OF FACILITIES Upon prior notice, City, its agents, or employees may enter upon the Facilities, in accordance with security requirements imposed on Concessionaire by the City or the Federal Government, at any and all reasonable times during the term hereof, for the purpose of determining whether or not Concessionaire is complying with the terms and conditions hereof or for any other purpose incidental to rights of City. If Concessionaire is in violation of Page 29 RFP Of MM Automobile Parldng Concession Contract any of the covenants of this Contract and fails to correct said violations as provided herein, the City may elect, in lieu of cancellation, to provide that the necessary action be taken at the cost and expense of Concessionaire, and Concessionaire agrees to reimburse City promptly for the cost thereof together with twenty percent (20%) for the cost of administration. ARTICLE 16 NON-DISCRIMINATION AND AFFIRMATIVE ACTION A. The Concessionaire, for itself, its successors in interest and assigns, as part of the consideration herefor, covenants and agrees to comply with all requirements, imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non -Discrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, or as amended. B. The Concessionaire, for itself, its successors and assigns, as part of the consideration herefor, agrees that no person, on the grounds of race, color, national origin, age, sex, or handicap, shall be excluded from participation in, denied and benefits of, or be otherwise subject to discrimination, in the use of the Premise and the furnishing of services thereof. C. In the event of a breach of any of the non-discriminatory covenants pursuant to part 21 of the Regulations of the office of the Secretary of Transportation, as amended, the City shall have the right to terminate this contract and to reenter and repossess said Facilities and hold the same as if said Contract had never been made or issued. D. The Concessionaire will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, as amended, to ensUre' that no person shall on the grounds of race, color, national origin, sex, or handicap be excluded from participating in any employment activities on the facilities covered in 14 CFR Part 152, Subpart E. The Concessionaire Page 30 RFP #97001 Automobile Parldng Concession Contract j" will require that its subcontractors similarly undertake affirmative action program and that F they will each require assurances from their subcontractors, as required by 14 CFR Part 152, Subpart E. E. Concessionaire hereby agrees that no person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases, covered by 49 CFR Part 23 on the grounds of race, color, national origin, sex, or handicap. F. Concessionaire hereby agrees that it will include the above clauses in all subleases and/or subcontract at Lubbock International Airport and cause such subs to similarly include clauses in further subleases. G. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308 of the Federal Aviation Act of 1958, as amended. ARTICLE 17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS THIS ARTICLE IS DELETED ARTICLE18 PUBLIC LAW 101-336, AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 Concessionaire will comply fully with ALL provisions of ADA, to include employment practices and capital improvements. As of October 1, 1992, the facilities were in compliance with the provisions of ADA as determined by the City of Lubbock's Department of Public Works and Transportation. If during the term of this Contract changes in the language or interpretation of the ADA requires significant changes in the Concessionaire's operations Page 31 RFP #97001 Automobile Parking Concession Contract and expenses, Concessionaire shall notify Director of said impacts. The Director shall review said impacts. ARTICLE 19 TERMINATION A. Termination by Concessionaire. This Contract may be terminated by Concessionaire after the happening of one or more of the following events: 1. The permanent abandonment of the Airport as an airline terminal or the permanent removal of fifty percent (50%) or more of the certificated passenger airline service therefrom as measured by the previous calendar year's enplaned passenger count. 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereto, in such a manner as substantially to restrict Concessionaire for a period of at least ninety (90) days from operating thereon. 3. The default by City in the performance of any covenant or agreement herein required to be performed by City and the failure of City to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same. 4. The complete destruction of the leasehold improvements and, failure to replace said improvements within twelve (12) months after said destruction. 5. Any other activity,beyond the reasonable control of Concessionaire which reduces revenue by 50% for a period of ninety (90) days. Upon the happening of any such event, and should City fail to cure such default within thirty (30) days from the receipt of written notice thereof, Concessionaire shall have the right to terminate this Contract by giving written notice thereof to city at least thirty (30) days in advance of the date upon which termination is to be effective; provided, however, should the nature of the default be such Page 32 RFP #97OD1 Automobile Parldng Concession Contract (' that it cannot be cured within thirty (30) days, City shall be deemed to have cured such default, if within such thirty day period it shall commence performance and thereafter diligently prosecute the same to completion. Rentals and fees due hereunder shall be Fpayable only to date of termination. B. Termination by City. This Contract may be terminated by City after the happening of one or more of the following events: 1. Concessionaire fails to pay to City all delinquent and current commissions and minimum annual guarantees as set forth herein due to the city within 60 days of due date. 2. Concessionaire fails to operate the Facilities under the provisions of this Contractor abandons the Facilities or any substantial part thereof; or 3. Any interest of Concessionaire hereunder is levied under execution; or 4. Concessionaire files a voluntary petition in bankruptcy, has an involuntary petition in bankruptcy filed against it and the same is not dismissed within ninety (90) days or Concessionaire is adjudged bankrupt or adjudged involvement according to law, or Concessionaire make any assignment of its property for the benefit of creditors; or 5. Concessionaire defaults on any other obligations assumed by it hereunder. 6. Concessionaire falsifies gross receipts reports. 7. Concessionaire fails to make a good faith effort to replace within thirty (30) days any terminated DBE/local subcontractor with a like operator. B. Upon the happening of any such event causing failure to meet any of the requirements of this contract and should Concessionaire fail to cure such default within the time as can be specified in the written notice thereof, City shall have the right to terminate this Contract by giving written notice thereof to Concessionaire at lease ten (10) days in advance of the date upon which termination is to be effective; provided, I r Page 33 RFP 497001 Automobile Parldng Concession Contract however, should the nature of any default, other than default with respect to the _ requirements be such that it cannot be cured within the time specified, Concessionaire may be deemed to have cured such default it within such specified time period it shall commence performance and thereafter diligently prosecute the same to completion. In the event of failure by Concessionaire at any time to comply with the staffing requirements of Exhibit E hereof, and should Concessionaire fall to cure such default within the time as specified in written notice and after receipt of written notice thereof, the Director of Aviation shall have the right to terminate this Contract by giving written notice to Concessionaire. ARTICLE 20 PROPERTY RIGHTS UPON TERMINATION THIS ARTICLE IS DELETED ARTICLE 21 TAXES AND LICENSES Concessionaire shall pay all sales taxes, personal property taxes, or other taxes required, that may be levied or charged in connection with the operation and management of the Facilities hereunder. Concessionaire shall obtain and pay for all licenses or permits necessary or required by law for the construction of improvements or the installation of equipment and furnishings, and as otherwise necessary for the conduct of its operations hereunder. ARTICLE 22 AIRPORT DEVELOPMENT City reserves the right to further develop or improve the Airport and all roadways, terminal facilities, land areas, runways and taxiways as it may see fit. If Concessionaire and Director of Aviation mutually agree that developments or improvements significantly impair parking Page 34 F I F F r I F F F r i RFP #R97001 Automobile Parldng Concession Contract operations, reasonable operational and financial adjustments may be made. Concessionaire shall cooperate fully with City staff in reviewing plans and specifications for these projects, assisting during construction with sequencing, scheduling and traffic detours. ARTICLE 23 RIGHT TO AMEND In the event that the Federal Aviation Administration or its successors shall require any modifications or changes in this Contract as a condition precedent to the granting of funds for the improvement of the Airport, Concessionaire hereby consents to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions or requirements of this Contract as may reasonably be required to obtain such funds; provided, however that in no event will Concessionaire be required, pursuant to this paragraph, to pay commissions greater than those provided for hereunder. ARTICLE 24 REDELIVERY OF FACILITIES Concessionaire shall, upon termination of this Contract or cancellation by City, quit and deliver up the Facilities to City peaceably, quietly and in as good order and condition as the same now exist or as may be hereafter improved by Concessionaire or City, reasonable use and wear thereof excepted. City shall have a specific lien on all property or Concessionaire in the Facilities as security for payment for any sums due City hereunder. ARTICLE 25 HOLDING OVER Notwithstanding any other provision of this contract relating to termination, the city and Concessionaire agree that in the event a new concessionaire has not been chosen at the contractual termination date of this contract, both parties' rights, duties and obligations hereunder shall continue until such time a new contract has been executed and City notifies F Page 35 RFP #I97001 Automobile Parldng Concession Contract the Concessionaire that the new concessionaire is ready to perform thereunder. The provisions of this contract relating to surrender of the premises, removal of fixtures, etc., shall then apply to the Concessionaire. The Concessionaire shall furnish its final audit required hereunder within ninety (90) days after termination of this contract and commencement of operations by the new Concessionaire. ARTICLE 26 NO LIENS Concessionaire shall pay for all labor done or material furnished in the repair, replacement, . development or improvement of the Facilities by .Concessionaire, and shall keep same and Concessionaire's interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Concessionaire's act or omission. ARTICLE 27 NOTICES Whenever any notice is required by this Contract to be made, given or transmitted to the parties hereto, such notice or payment shall be sent by registered mail and deposited in the United States mail, addressed to: Director of Aviation Lubbock International Airport Rt. 3 Box 389 Lubbock, Texas 79401 and notices, consents and approval to Lessee addressed to: APCOA, Inc. With copy to: APCOA, Inc. Attn: Legal Department Attn: Mr. Raul L. Regalado 1000 McDonald Investment Center Market President, Airport Properties Place Plaza Office Building Cleveland, OH 44114 12503 SE Mill Plain Boulevard Vancouver, WA 98684 Page 36 F II F r r F F RFP # 9M Automobile Paridng Concession Contract Effective date of such notice shall begin three (3) days after date of posting with the United States Postal Service. ARTICLE 28 CONTRACT ADMINISTRATOR The Director of Aviation or his designee will act as the contact point between the City and is designated the Contract Administrator. The contract Administrator shall be authorized to act on behalf of the City to organize, schedule, coordinate work processes and review and approve work projects for this project. The Contract Administrator shall make every effort to resolve questions, expedite decisions and facilitate the review of work performed in a timely fashion. ARTICLE 29 INVALIDITY OF CLAUSES In the event that any covenant, condition or clause, herein contained is held to be invalid by a court of competent jurisdiction, the invalidity of any such covenant, condition or clause, shall in no way affect any other covenants, condition or clause. ARTICLE 30 NON -WAIVER OF RIGHTS Continued performance by either party hereto pursuant to the terms of this Contract after a default of any of the terms, covenants and conditions herein contained to be performed, kept or observed by the other party hereto, shall not be deemed a waiver of any right to cancel this Contract for any subsequent default and no waiver of such default shall be construed or act as a waiver of any subsequent default. ARTICLE 31 FORCE MAJEURE Neither city nor Concessionaire shall be deemed to be in default of this Contract by reason of its failure to perform any of its obligations hereunder if, while, and to the extent that such 0 Page 37 RFP #97001 Automobile Parlang Concession Contract failure is due to strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible, and which are not within its control. This provision shall not apply to failure by Concessionaire to handle the Gross Receipts or to make money payments as required by this Contract, unless otherwise provided herein. ARTICLE 32 SUBORDINATION OF CONTRACT This Contract shall be subordinate to the provisions of any existing or future contracts between City and the United States Government, and any applicable Federal laws or regulations relative to the operation, security or maintenance of the Airport, the execution of or compliance with which is, or will be required as a condition precedent to the granting of Federal funds for the development of the Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States at other civil air carrier airports receiving Federal funds and provided that City agrees to give Concessionaire written notice in advance of the execution of such agreements of any provisions which will modify the term of this contract. ARTICLE 33 RIGHT OF FLIGHT Concessionaire understand and agrees that City reserves the right of flight for the passage of aircraft above the surface of the Facilities hereunder in accordance with Federal Aviation Administration criteria, and such right of flight shall include the right to cause in such airspace such noises as may be inherent to the operation of aircraft now known or hereafter used for navigation of or flight in the air; and that city reserves the right to use said airspace for landing at, taking off from or operating aircraft on or over said airport. Page 38 L RFP #97001 Automobile Parldng Concession Contract r ARTICLE 34 l FAR PART 107 SECURITY Concessionaire's use of the Facilities and the Airport shall at all times be subject to regulations imposed by Federal Aviation Regulation (FAR) Part 107 "Airport Security," as amended. Concessionaire agrees that it shall be solely and fully responsible for any and all breaches of security on or through the Facilities and other joint operating areas of the Airport resulting from the negligence or intentional acts of omission or commission of officers, employees, representatives, agents, servants, subtenants, contractors, subcontractors, successors, assigns and suppliers of Concessionaire. ARTICLE 35 HAZARD COMMUNICATION STANDARD Concessionaire agrees at all times hereunder to be subject to regulations imposed by Code of Federal Regulation 1910.1200 "Hazard Communication Standard." Concessionaire agrees that it shall be solely responsible for any and all violations of the Hazard Communication Standard resulting from the negligence or intentional acts of omission or commission of officer, employees, representatives, agents, servants, subcontractors, contractors, successors, assigns and suppliers of Concessionaire. ARTICLE 36 SUCCESSORS This Contract shall bind and inure to the benefit of any successor of City and any successor, assignee, or subleassee of Concessionaire. ARTICLE 37 ATTORNEYS FEES In any action brought by City for the enforcement of the obligations of Concessionaire, City E shall be entitled to recover interest and reasonable attorney's fees. ARTICLE 38 r Page 39 r RFP 997001 Automobile Parldng Concession Contract HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of the Contract. ARTICLE 39 LEGAL RELATIONSHIPS It is understood and hereby agreed by the Parties that the Lessee is, and shall be, an independent contractor hereunder and shall control all ways, means and details incident to the performance of itself and its agents and employees shall not be considered employees of the City of Lubbock, shall not be subject to the personnel policies of the City, nor participate in the benefits which accrue to City employees. Concessionaire further agrees to indemnify and hold harmless the City from any and all claims or losses which may result from negligence or misconduct on the part of the Lessee, his agents, employees, or representatives, and Concessionaire shall hold the City harmless from any claims, losses, or damages resulting therefrom. ARTICLE 40 RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL All reports, charts, schedules; or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, shall become property of the City upon receipt. ARTICLE 41 ENTIRE CONTRACT The terms of this Contract include and incorporate herein, for all purposes, all terms and provisions of that certain Request for Proposals #97001(herein so called), issued by the City of Lubbock, regarding the Airport Parking Concession, a true and correct copy of the Request for Proposal #97001 being attached hereto as Exhibit L, and that certain Proposal Page 40 F r RFP 997001 Automobile Parldng Concession Contract of Concessionaire being attached hereto as Exhibit H. In the event of a conflict between the terms hereof and the terms of the Request for Proposals #97001 and/or the Proposal of Concessionaire, the terms of this Contract will Control. This Contract, including the terms and provisions of the Request for Proposals #97001 and the Proposal of Concessionaire, supersedes and revokes all previous negotiations, arrangements, letters of intent, offers to lease, lease proposals, brochures, representations, and information conveyed, whether oral or in writing, between the parties hereto or their respective representatives or any other person purporting to represent the City or the Concessionaire. Concessionaire acknowledges that it has not been induced to enter into this Contract by any Representations not set forth in this Contract, it has not relied on any such Representation or construction of this Contract, and the City shall have no liability for any consequences arising as a result of any such Representations. No alteration, amendment, change or addition to this Contract shall be binding upon the City or Concessionaire unless in writing and signed by both parties. ARTICLE 42 AIRPORT REGULATIONS The exercise by Concessionaire of the rights herein conferred shall be subject to such valid rules and regulations are not or hereafter may be prescribed by City or any Federal agency through the lawful exercise of their powers, and Concessionaire shall pay all fines imposed for violations thereof by its employees; provided, however, that no such rule or regulation shall be of such nature as to interfere with or constitute any derogation of or infringement upon the rights and privileges herein in this Contract granted to Concessionaire. ARTICLE 43 SHUTDOWN OF SERVICE F Page 41 RFP #97001 Automobile Parldng Concession Contract In addition to the rights of termination of City hereunder, city shall have the absolute right to take over the operation of the facilities either by itself or through others, in the event the same should remain closed or the service substantially interrupted for a period of at least four (4) hours by reason of Concessionaire being unable for any reason whatsoever, to employ, maintain in its employ, or adequately provide the personnel necessary to keep the same open for public patronage. The City may continue such operation for so long as the Concessionaire's said inability shall last, and Concessionaire's Management Fee shall abate during such takeover by the City. ARTICLE 44 CONSENT NOT TO BE UNREASONABLY WITHHELD Whenever consent is required hereunder by either party, such consent is not to be unreasonably withheld or to be delayed for any unreasonable period of time. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this day of , 1997. CONCESSIONAIRE: APCOA, Inc. CITY OF LUBBOCK: B . zL By: Trevor an Horn - Windy Sitto Title: Corporate Vice President, Title: MAYOR Airport Properties AP ROVED ONTENT: Mark Earle, Director of MIation APPROVED AS FORM: D ndiver, Firs Assistant City Attorney A ST: i6thie Datnell, City Secretary Page 42 RFP #97001, Automobile Parking Concession at Lubbock International Airport Automobile Parking Concession Contract List of Exhibits t CONCESSION CONTRACT LIST OF EXHIBITS EXHIBIT A GENERAL DESCRIPTION EXHIBIT A.1 5 YEAR PARKING REVENUE SUMMARY EXHIBIT A.2 5 YEAR PARKING REVENUE DETAIL EXHIBIT B AIRPORT LAYOUT PARKING EXHIBIT B.1 FACILITY LOCATION EXHIBIT B.2 PARKING LOT DETAIL EXHIBIT C CASH HANDLING PROCEDURES EXHIBIT D PARKING RATES t EXHIBIT E STAFFING SCHEDULE 1 EXHIBIT F REVENUE CONTROL EQUIPMENT INVENTORY EXHIBIT G TICKET REDEMPTION AND ACCOUNTABILITY PLAN EXHIBIT H PROPOSAL EXHIBIT H.1 PROPOSAL SUBMITTAL FORM EXHIBIT I AIRLINE FLIGHT SCHEDULE EXHIBIT J PROJECTED BOARDINGS 1, EXHIBIT K BOARDING HISTORY EXHIBIT L RFP I: r Page 1 RFP #27M, Addendum 91 Exhibit A EXHIBIT A GENERAL DESCRIPTION OF THE CONTRACT The City intends to grant to a qualified and responsible proposer the right and privilege to operate the public parking facilities (garage and surface lots) at Lubbock International Airport for a term of five years with an option to renew for one additional five (5) year term. In general, the Parking Operator will be required to provide and professionally manage a complete parking and shuttle operation to meet the demand for public parking of vehicles in the parking garage and surface lots at Lubbock International Airport. The Company must provide for the automatic operation of the entrance and exit gates and the manning of cashier booths at the attended exit gates at the airport everyday, or as may be otherwise specified in the contract, with a sufficient number of personnel to assure an effective, efficient and convenient operation. The management, security and control of the public parking facilities shall be conducted at all times in conformity with the Contract documents. During the 12-month period ending September 30, 1996, the Airport enplaned 613,827 passengers. The parking lot operations generated net revenues of $ 1,418,175 during the same period. FACILITIES AND EQUIPMENT DESCRIPTION The parking facility consists of a surface lot, a parking garage, a toll plaza with four toll booths, automatic entry and exit gates, a revenue control system, and two walk-up automated pay stations. The toll plaza is served with electricity, sewer and water, and telephone lines have been r. installed. Each toll booth is individually heated and cooled. r Page 1 6 RFP 097001, Automobile Parking Concession at Lubbock International Airport Es ibit A The surface lot has a total of approximately 820 parking spaces divided into separate long term and short term lots. The short term lot has approximately 220 spaces, while the long term lot has approximately 600 spaces. The parking garage consists of a two-story concrete structure with parking spaces on both levels. The lower level is covered, the upper level is not. There are approximately 328 covered spaces on the lower level, and 331 uncovered spaces on the open upper deck. The parking garage is currently served by shuttle vehicles that are owned and operated by the city. The system carries around 210 people daily between the garage and the terminal building. The Concessionaire is expected to operate a shuttle system with a similar level of service utilizing its own equipment and personnel. In addition to the public parking areas in the paid lot, the City owns a paved overflow parking lot that is large enough to accommodate 350 vehicles. The overflow lot has been used in the past for special event parking, and has been made available to the public free of charge when the paid lot is full. The city will retain control of the overflow lot, but will make it Favailable to Concessionaire for overflow and oversize vehicle parking. The revenue control equipment was manufactured by Canadian Parking Equipment and has been in operation for just over a year. The system includes two walk-up pay stations which accept credit cards, cash, or payment from automated debit cards. There are currently 185 debit cards in use in a limited test program. It is the City's intention to market the debit card system aggressively once a Concessionaire is in place. The system has proximity readers for the debit cards at each parking lot entrance and at two of the exits. F r Page 2 EXHIBIT A.1 $1,600 $1,400 $1,200 $1,000 $600 $400 $200 $0 FY 90/91 FY 91 /92 FY 92/93 FY 93/94 FY 94/95 FY 95/96 Total Gross Revel 1ue-E1�1! ing ``' 0/9? F F LUBBOCK INTERNATIONAL AIRPORT FY 1991/92 PARKING ACTIVITY REPORT r MONTH REVENUE VEHICLES ENPLNMTS REVIVEH REV/ENPL VEH/ENPL OCTOBER $103,358 30632 49992 $3.37 $2.07 0.61 NOVEMBER $93,406 28679 46250 $3.26 $2.02 0.62 DECEMBER $108,747 34085 50028 $3.19 $2.17 0.68 JANUARY $87,448 24768 38686 $3.53 $2.26 0.64 FEBRUARY $82,750 23559 40526 $3.51 $2.04 0.58 l l MARCH $106,276 30208 48189 $3.52 $2.21 0.63 APRIL $89,116 26198 45062 $3.40 $1.98 0.58 MAY $97,984 32751 49214 $2.99 $1.99 0.67 JUNE $106,444 35378 51182 $3.01 $2.08 0.69 JULY $106,191 37542 55758 $2.63 $1.90 0.67 [ t AUGUST SEPTEMBER $106,326 $91,665 36966 28692 52608 45940 $2.68 $3.19 $2.02 $2.00 0.70 0.62 TOTAL $1,179,709 369458 573435 $3.19 $2.06 0.64 -Parking Lot Special in Covered LUBBOCK INTERNATIONAL AIRPORT FY 1992/93 PARKING ACTIVITY REPORT r MONTH REVENUE VEHICLES ENPLNMTS REVIVEH REV/ENPL VEH/ENPL 1: OCTOBER $104,970 32,304 51,129 $3.25 $2.05 0.63 NOVEMBER $101,798 31,752 49,186 $3.21 $2.07 0.65 DECEMBER $95,215 34,487 49,406 $2.16 $1.93 0.70 JANUARY $96,251 25,246 39,945 $3.61 $2.41 0.63 FEBRUARY $90,088 25,240 40,458 $3.67 $2.23 0.62 l l MARCH $109,302 33,114 51,713 $3.30 $2.11 0.64 APRIL $99,178 29,534 49,584 $3.36 $2.00 0.60 MAY $113,721 32,839 50,345 $3.46 $2.26 0.65 JUNE $117,010 34,301 54,053 $3.41 $2.16 0.63 JULY $114,462 37,184 58,031 $3.08 $1.97 0.64 AUGUST $119,393 35,906 53,673 $3.33 $2.22 0.67 SEPTEMBER $109,316 29,131 48,117 $3.75 $2.27 0.61 TOTAL $1,270,705 381,038 595,640 $3.33 $2.13 0.64 F F. LUBBOCK INTERNATIONAL AIRPORT FY 1989190 PARKING ACTIVITY REPORT MONTH REVENUE VEHICLES ENPLNMTS REVNEH REV/ENPL VEH/ENPL OCTOBER $102,895 32088 55177 $3.21 $1.86 0.58 NOVEMBER $102,454 31498 53909 $3.25 $1.90 0.58 DECEMBER $95,981 31441 52233 $3.05 $1.84 0.60 JANUARY $93,721 25163 41117 $3.72 $2.28 0.61 FEBRUARY $84,712 25040 44482 $3.38 $1.90 0.56 MARCH $106,408 32166 54746 $3.31 $1.94 0.59 APRIL $104,433 28632 50415 $3.65 $2.07 0.57 MAY $98,319 29749 51269 $3.30 $1.92 0.58 JUNE $99,596 32944 53623 $3.02 $1.86 0.61 JULY $101,606 35036 56667 $2.90 $1.79 0.62 AUGUST $101,305 27087 55764 $3.74 $1.82 0.49 SEPTEMBER $98,204 26841 46237 $3.66 $2.12 0.58 TOTAL $1,189,634 357685 615639 $3.33 $1.93 0.58 LUBBOCK INTERNATIONAL AIRPORT FY 1990/91 PARKING ACTIVITY REPORT MONTH REVENUE VEHICLES ENPLNMTS REVNEH REV/ENPL VEH/ENPL OCTOBER $102,964 29,579 50,955 $3.48 $2.02 0.58 NOVEMBER $107,678 30,615 51,314 $3.52 $2.10 0.60 DECEMBER $108,785 , 32,412 48,969 $3.36 $2.22 0.66 JANUARY $93,455 26,196 37,935 $3.57 $2.46 0.69 FEBRUARY $85,412 27,614 41,027 $3.09 $2.08 0.67 MARCH $107,326 37,389 49,581 $2.87 $2.16 0.75 APRIL $99,341 33,495 45.650 $2.97 $2.18 0.73 MAY $100,478 33,453 47,196 $3.00 $2.13 0.71 JUNE $107,595 34,136 49,074 $3.15 $2.19 0.70 JULY $105,554 36,221 50,865 $3.00 $2.08 0.69 AUGUST $104.005 35,940 50,992 $2.89 $2.04 0.70 SEPTEMBER $95,098 27,596 42,998 $3.45 $2.21 0.64 TOTAL $1,217,693 383,646 566,556 $3.17 $2.15 0.68 EXHIBIT A.2 LUBBOCK INTERNATIONAL AIRPORT FY 1995196 PARKING ACTIVITY REPORT MONTH REVENUE VEHICLES ENPLNMTS REVNEH t OCTOBER t: MONTH NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY I JUNE JULY AUGUST SEPTEMBER TOTAL OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER TOTAL REV/ENPL VEH/ENPL $122,464 33,159 53,965 $3.69 $2.27 0.61 $115,475 31,240 52,286 $3.70 $2.21 • 0.60 $105,728 32,043 53,820 $3.30 $1.96 0.60 $121.059 23,599 40,858 $5.13 $2.96 0.58 $103,104 23,005 44,563 $4.48 $2.31 0.52 $132,963 29,955 54,170 $4.44 $2.45 0.55 $113,197 25,218 48,422 $4.49 $2.34 0.52 $117.832 28,000 53,564 $4.21 $2.20 0.52 $120,413 28,970 53,196 $4.16 $2.26 0.54 $127,023 32,070 55,414 $3.96 $2.29 0.58 $114,331 23,667 51,947 $4.83 $2.20 0.46 $124,585 25,051 51,622 $4.97 $2.41 0.49 $1.418,175 335.977 613,827 $4.22 $2.31 0.55 FY 1992/93 FY 1993/94 FY 1994/95 FY 1995/96 REVENUE REVENUE REVENUE REVENUE $104,970 $121,599 $129,354 $122,464 -5.33% $101,798 = $121,313 $123.802 $115,475 -6.73% $95,215 $109,974 $114,477 $105,728 -7.64% $96,251 ' ` $106,395 $108,449 $121,059 11.63% $90,088' $100,686 $97,479 $103,104 5.77% $109,302 ' $123,018 $120,640 $132,963 10.21% $99,178 ' $109,707 $112.519 $113,197 0.60% $113,721 $117,934 $111,486 $117;832 5.69% $117,010 $118,787 $111,892 $120,413 7.61% $114,462 $126,615 $119,246 $127,023 6.52% $119,393 $115,787 $108,499 $114,331 5.38% $109,318 $106,468 $109,305 $124,585 13.98% $1,270,705 $1,378,284 $1,367,148 $1,418,175 3.73% 91- LUBBOCK INTERNATIONAL AIRPORT FY 1993/94 PARKING ACTIVITY REPORT MONTH REVENUE VEHICLES ENPLNMTS REVNEH REVlENPL VEHlENPL OCTOBER $121,599 32,658 54,707 $3.72 $2.22 0.60 NOVEMBER $121.313 32,584 49,603 $3.72 $2.45 0.66 DECEMBER $109,974 33,829 51,084 $3.25 $2.15 0.66 JANUARY $106.395 27,045 42,742 $3.93 $2.49 0.63 FEBRUARY $100,686 25,138 43,136 $4.01 $2.33 0.58 MARCH $123,018 32,254 53,214 $3.81 $2.31 0.61 APRIL $109,707 23,884 49,446 $4.59 $2.22 0.48 MAY $117,934 27,760 52,365 $4.25 $2.25 0.53 JUNE $118,787 28,602 54.511 $4.15 $2.18 0.52 JULY $126,615 37,252 58,822 $3.40 $2.15 0.63 AUGUST $115,787 32,940 51.613 $3.52 $2.24 0.64 SEPTEMBER $106,468 28,913 49,663 $3.68 $2.14 0.58 TOTAL $1,378.284 362.859 610,906 $3.80 $2.26 0.59 LUBBOCK INTERNATIONAL AIRPORT FY 1994/95 PARKING ACTIVITY REPORT MONTH REVENUE VEHICLES ENPLNMTS, REVNEH REV/ENPL VEH/ENPL OCTOBER $129,354 34,351 54,126 $3.77 $2.39 0.63 NOVEMBER $123,802 32,769 50,261 $3.78 $2.46 0.65 DECEMBER $114,477 34,654 511596 $3.30 $2.22 0.67 JANUARY $108,449 26,548 42,042 $4j09 $2.58 0.63 FEBRUARY $97,479 ; 24,322 41,684 $4.01 $2.34 0.58 MARCH $120,640 31,106 52,135 $3.88 $2.31 .0.60 APRIL $112,519 27,627 49,386 $4.07 $2.28 0.56 MAY $111,486 30,485 50,477 $3.66 $2.21 0.60 JUNE $111,892 31,400 51,948 $3.56 $2.15 0.60 JULY $119,246 31,678 55,383 $3.76 $2.15 0.57 AUGUST $108,499 20,993 50,323 $5.17 $2.16 0.42 SEPTEMBER $109,305 27,351 49,231 $4.00 $2.22 0.56 TOTAL $1,367,148 353,284 598,592 $3.87 $2.28 0.59 Match Line EXHIBIT 8 AIRPORT LAYOUT 1000 , 2500 , 1730 1 I Precision RPZ 11.. i ' 1 I I 1 N 1 J 1 ` ; Match Line LEGEND: I Ruerrelr- I ( 1 � � � •-� � Property Line RPZ Runway Protection Zone L_ Glu,v. � Ave Reeervolr= ' I But ' K I w ■ ■' 1� Dl.lrlet ra. 00 r 1 m � � ail � '• 1�.. 1 • ,- .n� � t ARFF. N �'11 O • 230 ■ 1000 ■ 430 N r..Il _ I 230 s 1000 t 460 � Vl,uel RPZ di In ',! VI,u41 RPZ ' i O 2889 i 73 RUNWAY ATCT/ 1 I ' T — Owkt AAvinue TRACON � tl l 1000 0 2300 tl 1730 I _ �' P 1000 , 2500 a /760 I Pne $,on RPZ ' 1 Prec1■lonRPZ 1 PASSENGER TERMINAL 1 O; ! a --------- J --� -- .MAL�R r iU --- -' ---_^ tt SQ _'TS 'AUNTYAY' __-------_ _�i p1 ree, ..vrT P:rsJ ------------ 1 - OAdr3 I 1 --- . L 1----- - I - 1 1000 ■ 1700 ; 1423 }; rlenOreCl.lOn RPZ ', �� W W �+a/e-- L�IQ$QC� I�Tt,M�T10��L AI,fO�T U EXHIBIT B.1 PARKING FACILITY LOCATION QAUFOMOStE PAMN GARAGE D 1 O 0 AUTO PARMOG z D � O tic-M& o Pl oNAL ceff Rer4 o m CQ Rwtal JO DUOGGET Ca R«vA ® om CQ Rwft O6 AMMAGE Water © TERWIAI SUWNG O FM TRACCN/ATCT kk*Vflower wQQocx IF 1l�MA IIOM�I .\I�pa ExNbN IF --- CENTRAL AREA FACILITIES 7-1 1 7-1 r' �..1 i _ r EXHIBIT 8.2 PARKING LOT DETAIL jo !� 1 AlDm 1 // i4Cl � . 7 '';I . W) I _ a usMna CK bNeIIJ SHORT TERM E lJTRY cow_ = oeclb f�j l Cc Pon LON TERM ENTRY M`{'—may ] nn b` I� I ARAGE ENTRY *pA cud em WPA rCLFd Cl jaR = 1 ;cs is pi jug n % ,n H %T aR � i -- - W ' . CQ ti % Z ATTENDED EXIT GAT ES I APO rnacr 2 AUTOMATED EXIT GA S . ! '' EMPLOYEE, LOT \ 3 OARAC3E EH RY GATES F APCOA EXHIBIT C Lubbock International Airport IV. Operations 7.4.1 Describe in detail the operating procedures you propose to implement for the handling of cash and ticket stock, including the internal financial controls and audit procedures, reports to the City, handling of non-standard transactions (such as lot tickets), handling of suspected and known employee theft, and customer relations. Operating Procedures In 1990 APCOA made a significant, multi -million dollar investment in a state-of-the-art management information system designed to produce the types of reports and information our clients need and deserve to satisfy their own individual requirements. The system provides daily, weekly and monthly summaries of parking facility activity that is available immediately to all system users. The IBM AS400 computer network has become an integral part of our operations reporting and analysis program. NI Maniagement Infannalhon 5yslems III Bass Industry ARnlications AR Iicatiens t Aemerste • Revenue Control • Accounts Payable 4 011em • Location • Payroll ReporUng Management • General Ledger • Contract • Fixed Assets Management • Monthly Parker • Insurance Claims APCOA was recently awarded a prestigious award, The ESPRIT Award, which honors excellence in strategic partnering for return from information technology. The ESPRIT Awards program was created by CIO Magazine and Boot Allen & Hamilton, two well -respected organizations, to recognize cooperation between MIS and business units as well as the ability to provide a positive and sustained impact on the bottom line from strategic investments ! . In a special issue, CIO Magazine profiled APCOA and the other 1994 honorees: Caterpillar, Ina, the Commonwealth of Massachusetts, Hyatt Hotels & Resorts, Kmart Corp. and PCs Compleat, Inc. „ Parking Management and Development 34 APCOA EXHIBIT C Lubbock Lrtenzadonal Airport APCOA takes the responsibility of managing and handling cash receipts very seriously. Our 46 years of airport/urban parking experience demonstrates that constant management control is the key to a successful operation. However, the appropriate accounting, revenue control and operations procedures must first be created. Then the procedures must be enforced day after day. APCOA uses a completely integrated computerized accounting system which includes revenue, payroll, accounts payable, property and contract management and reporting. The systems are industry specific in design so as to report the appropriate information to our landlords on an as -needed basis. Complete budget information is maintained and used to analyze the monthly results• of operations. The system has complete on-line capabilities with security at every level. The headquarters staff includes 38 accounting professionals, 7 of which are CPAs. Each customer transaction is accounted for, reconciled through the reporting system, (� deposited to the bank, summarized in daily, weekly, monthly, and annual reports. t APCOA's control procedures ensure that associates have individual accountability for their work. Revenue control is created by APCOA personnel collecting the proper fees from parking patrons and revenue being accurately reported to the client/landlord. Revenue Control is assured through: a. Proper training and review of employees. b. Consistent supervision both on -site and off -site. C. Institution of comprehensive equipment and maintenance programs. d. A system of records designed to create an audit trail. APCOA operates integrated systems. We use a cross-referenced series of procedures and reports which detail all revenue and traffic activity. Single transactions are linked to the entire system which creates continuity and a complete picture. If a transaction is missing, the system allows the missing transaction to be identified and traced. Cash Management and Security Procedures Security of cash receipts is of paramount importance to APCOA. As the owner of the property, the landlord client is obviously concerned with the cash handling procedures to be implemented by the parking operator. APCOA is proud of its reputation of proper revenue handling. In 1996 we collected $431 million in gross customer revenue -- and properly accounted for every penny. As evidenced by the reports of various independent certified public accountants performing audits on many APCOA locations, our accounting and revenue control procedures produce positive results. and Develo meet 35 APCOA EXHIBIT C Lubbock International Airport At each of our facilities, cash collected from customers is immediately placed in the cash drawer. We require that periodically throughout the cashiers' shifts, cash be picked up from the cash drawers, bound, labeled and deposited into secured drop safes. Only the manager or his designee will have access to the drop safes. Daily, cash receipts are reconciled to cashier shift reports and deposited in a separate bank account. Each day's activity is input into the mainframe computer network —the IBM AS400 —at the regional office. The data is summarized in daily, weekly, monthly and annual reports and is reported to the landlord in a customized format prepared at Headquarters and approved by the regional office. APCOA's system of reports is designed so cashiers have individual accountability for their t work. At most parking facilities, the register terminals will generate auditable details for each parking transaction. The amount, date, time and cashier identification will be printed on the ticket and on a locked journal tape. F Void, validated and lost tickets will be similarly identified. Ticket data, vehicle inventory and existing vehicle counts are also recorded and compared. This data is used to create a record of both individual and group performance. The following charts explain these procedures although we would be happy to provide additional detail or answer any specific questions you might have. TRANSIENT REVENUE Operational Procedure Numbered, time coded tickets are issued to customer. Tickets and revenue collected by cashier Tickets and revenue combined by shift Management Control Point Record the number of tickets issued each day. Register transaction record. Traffic counter activity. Shift report summarizes register and counter activity compared to tickets and revenue turned in. Variances investigated and explained. r Parking Management and Development 36 I. APCOA EXHIBIT C Lubbock International Airport Tickets and revenue combined by day Revenue deposited in bank. Activity reported to owner/client. Nightly License Plate Inventory Ticket and revenue summaries are prepared and submitted to the Regional office staff for reconciliation and verification. Variances are investigated and explained. Validated deposit slip is compared to report totals by regional office staff. Monthly report summarizes all activity. A complete nightly license plate inventory will be conducted seven nights a week using the Airport's system, as follows: • An attendant records the license plate and location of each vehicle. • The cashier exit plaza is supplied with a printed report of each vehicle by license plate number and includes entry date, parking location. In addition, other statistical reports can be generated. • The cashiers will input license plate number to verify charges. The benefits of an inventory system are numerous. In fact, APCOA developed its own copyrighted computerized LPI system in the early 1980's recognizing the need for inventory controls and reporting. Since then, our system has continually been upgraded and is in use at many of our airport parking locations. F APCOA EXHIBIT C Lubbock Imernational Airport On Site Controls Revenue Cycle As stated, APCOA's system of reports is designed so cashiers have individual accountability for their work. The register terminals will generate auditable details for each parking transaction. The amount, date, time and cashier identification will be printed on the ticket and on a locked journal tape. Voided, validated and lost tickets will be similarly identified. Ticket data, vehicle inventory and existing vehicle counts are also recorded and compared. This data is used to create a record of both individual and group performance. Transaction Revenue Cycle The following is an EXAMPLE of a typical daily cycle of revenue and transaction control. When a cashier reports for duty, he/she verifies and signs for the cash bank in the fee computer. On the shift report, the cashier then verifies and initials the non -restorable total shown on the cashier terminal and lane counter. An opening tape is generated by the C cashier terminal and stapled to the shift report. During the shift, excess cash is routinely transferred and deposited in the safe. Each drop envelop is signed, sealed and time -stamped. This is a precaution against having large sums of cash on hand in the event j" of an armed robbery. At the end of the shift, terminal and lane counter totals are again recorded. The cashier Ccounts the tickets collected and bundles them with the ending detail tape, which displays every single transaction. The cashier records the final counts and final cash on the shift report.. F For each shift, the cash deposit and tickets will be recounted and the various totals will be verified against the fee computer non -resetting totals. Management also pulls the summary tapes from the terminal for each shift or each 24 hours. Based on the shift reports, the management completes a daily report which includes revenue by category, audit totals, deposits, vehicle counts and ticket activity. The daily reports are compiled to create the weekly report. Throughout this cumulative process, revenue, vehicles and ticket totals must agree. APCOA's Sample Transaction Revenue Cycle is depicted in detail on the following diagram. meet and Development 1 38 'location At ,mince uJiLs, 2ers *Rlrily ppPilimmil MONO, �71-11-7-1- APCOA EXHIBIT c Lubbock intenrational Airport l . Off Site Controls Off site, APCOA compiles, cross references, and integrates the reports sent from the field. The control system is designed to create a continuous picture of all activity at a location. Daily, all revenue data is transmitted to APCOA's Headquarters. A validated deposit slip is sent with the daily report. At our larger airport locations, a remote connection to the main-frame computer system is installed and the data input on -site and thus made available on-line. The computer summarizes the data and performs audit checks and reconciliations. All daily cash activity is reconciled to bank statements. Mathematical errors or questions on the daily report are brought to the attention of the Site Manager. Missing deposit slips, slips not validated on a timely basis, or slips which display an incorrect balance are reported to the Market Manager for investigation. APCOA EXHIBIT c Lubbock bntenzationnal Airport Ticket Control Procedures USED TICKETS Used tickets are reconciled daily by cashier and shift. • After reconciliation, the tickets are stored in a secure, locked room and only accessible to the Manager or designee. These tickets are maintained for a period agreed upon between APCOA and the client. Used tickets must be stored according to the following procedures: 1. Tickets are separated according to register and shift. They are tied together and the name of the cashier is written on the bundle. 2. Tickets from all shifts are placed into a bag which is then sealed and dated. 3. At month end, tickets and tapes are boxed. Each box is marked with the month and year. 4. Boxes are stored in approved places only. UNUSED TICKETS Unused ticket stock will be stored under lock and key and only accessible to the Site Manager or designee. LOST TICKETS Tickets lost by customers will be accounted for by a "Lost Ticket" form provided by APCOA. The Lost Ticket form will be completed by the customer losing their ticket and the cashier will: t 1. Ask for driver's license. 2. Fill out Lost Ticket form. Check driver's license for correct name and address. Have customer sign the form. 3. Charge the customer according to policy. Insert Lost Ticket form in the terminal so all transaction data is printed. Lost ticket forms are subject to verification. On a random basis, APCOA corroborates lost tickets by directly calling or writing the customer. APCOA EXHIBIT C Lubbock Internatiohal Airport F Field Auditing That extra step - - APCOA provides independent field auditing teams from our corporate headquarters validate operations and to assure compliance with the company procedures and policies. The corporate audit team makes unscheduled visits to APCOA locations on a regular basis to observe all aspects of the operation for a substantial time period. These unannounced "visits" guarantee that the auditors see the location's operations in the same light that customers do. A comprehensive summary of the audit team's findings is subsequently prepared and studied. What needed improving? Were all of APCOA's policies enforced? Were the personnel providing any "extra" services that the other facilities could provide? APCOA goes further. The location's management team must respond to the report within a specified time. If changes in the operations are recommended by the auditors, the field management team must note how they will implement the recommendations. Also, field managers are trained to conduct comprehensive surveys of the operations on regular visits to the locations. Operations Surveys At least three times per year, APCOA's field operations team (Market Manager and/or Senior Account Manager) conducts operational surveys ensuring proper policies and procedures are in place and producing positive results. The results of these surveys are used to provide feedback to Airport management as well as to streamline operations. meet and Development 1 42 RFP #97001, Automobile Parting Concession at Lubbock International Airport Exhibit D EXHIBIT D LUBBOCK INTERNATIONAL AIRPORT PARKING LOT RATES MAY 1, 1993 LONG-TERM 0-1 Hour $1.00 + Tax 1-2 Hours $1.50 + Tax 2-3 Hours $2.00 + Tax 3-4 Hours $2.50 + Tax 4-5 Hours $3.00 + Tax 5-24 Hours $3.50 + Tax 1 -15 Min. 15 Min - 1 Hour 1 - 2 Hours 2 - 3 Hours 3 - 4 Hours 4 - 5 Hours 5 - 24 Hours COVERED PARKING 0 - 24 Hours $4.99 + Tax SHORT-TERM Free $1.00 + Tax $2.50 + Tax $3.50 + Tax $5.00 + Tax $6.00 + Tax $7.00 + Tax Note: Last rate change occurred in May 1993 when covered parking changed from $4.85 per day to $4.99 per day. Page 1 APCOA EXHIBIT E Luhhock International Airport F F Z3.4 Submit an attachment which indicates your proposed staffing for all job categories of the parking facilities by shift on an average day and a peak day. Attached are staffing schedules for the parking facilities based on both an average day and peak period staffing. Prior to and during the start-up of the new contract, APCOA support staff from the Market President's office and the headquarters office will be on -site and available to assist in the transition. The support staff will participate in the interviewing and hiring of on -site staff, training of staff and implementation of any new programs selected by the Lubbock 1 International Airport Staff. Off -site support from the Market President, Market Manager and their staff will be maintained on a daily basis. Headquarters support is available to all field locations on a regular basis as needed. Parking Management and Development 15 APCOA EXHIBIT E Lubbock Intenrational Airport Staffing Schedule - Average Day Cashiers Booth 91 - 24 hours/day (Inventory Clerk - midnight to 4 am) Booth #2 - 14 hours / day (10 am - midnight) We will inventory the lot on a daily basis, thus we will have personnel on site 24 hours each day. Drivers Shuttle A - one hour before first flight to one hour after last flight - approximately 20 hours Shuttle B - one hour before first flight to one hour after last flight - approximately 20 hours Management Manager on duty Monday -Friday - 8-5 Lead Cashier will act as manager in the absence of the manager. APCOA EXHIBIT E Lubbock Intermational Airport Staffing Schedule - Peak Day Cashiers Booth 41 - 24 hours/day (Inventory Clerk - midnight to 4 am) Booth #2 - 14 hours / day (10 am - midnight) Booth #3 - as demand dictates We will inventory the lot on a daily basis, thus we will have personnel on site 24 hours each day. Traffic Directors - as demand dictates Drivers Shuttle A - one hour before first flight to one hour after last flight - approximately 20 hours Shuttle B - one hour before first flight to one hour after last flight - approximately 20 hours Shuttle C - as demand dictates Shuttle D - as demand dictates Manaiement Manager on duty Monday -Friday - 8-5 Lead Cashier will act as manager in the absence of the manager. RFP 9970M, Automobile Perking Concession at Lubbock Irtemational Airport, Exhibit F EXHIBIT F REVENUE CONTROL EQUIPMENT INVENTORY CANADIAN PARKING EQUIPMENT INVENTORY (CPE) 1. 8 entry gates w/spitters Ticket printer - Inteb C126 Axiohm Racom Readers to service debit cards Auto gates Model G89E w/loop detectors 2. 2 automatic short term exit gates Auto Gate G89E w/loop detector 3. 3 Gatehouses PGII fee computers by CPE Validator Model NCR 0235-7190 Ticket readers by key processor BC500 CSI w/swipe card readers 4. CCTV system Newa Type 3 - 4 cameras, 3 TV's, 1 VCR 5. 2 Automated Exit Gates APS 500 w/loop detectors Racom Readers to service debit cards Ticket readers - key processor BC 500 Gates G89E whoop detectors 6. 2 Pay -on -foot Stations Ticket readers - key processor BC500 Bill acceptors - BSN 385 Bill dispenser Gossette - DeLARue 1701 SDA (short) NRI Coin Unit - G26.4800/GVLC-USA Racom Readers to service debit cards CSI Unit w/credit card readers - American Magnetics Co. 110 ATDAI 7. 2 shuttle gates (controlled by remote garage door openers) 8. Atlas Control Computer Gateway 2000 w/sidus Sparc GVG 14400 Fax Modem BV Key Processor ITR Converter RS 232/422 Several UPS (back up power) Intercom System by AIPHONE LE-DA Hewlett Packard printer Laserjet 4L-C2003A Page t i APCOA EXHIBIT G Lubbock International Airport F Z 4.2 The existing parking system does not use pre -numbered ticket& The system uses roll stock and as each ticket is dispensed it is imprinted with a bar code containing time, date, location and rate. Propose a plan to account for tickets that are not redeemed at cashier stations or the pay -on -foot stations. This plan will be shaven on rExhibit G and will become part of the contract On a daily basis we will reconcile tickets issued and debit card entrances along with tickets Ccollected at the booths, tickets collected at the Pay -on -Foot machines and debit card exits. To reconcile, we begin with the ending physical lot count from the previous day and add the tickets issued and debit card entrances. This gives us the total of vehicles to be accounted for. Then we subtract from this number all tickets collected plus the debit cards collected. The result is the number to compare with the car count for the day. The difference between these two numbers determines the overage or shortage for the day. . This is the unaccounted for vehicles for the day. We will check the lot on a daily basis to verify if the vehicles indicated on the lost vehicle or exception report are still on the lot. r I Par,Wng Management and Development 43 . r RFP #97001. Addendum 91 EXHIBIT H.1 PROPOSAL SUBMITTAL FORM AUTOMOBILE PARKING CONCESSION The undersigned, having examined the Request for Proposals #97001 and the attached Automobile Parking Concession Contract and any and aii related documents for the granting of a concession for the operation of the Automobile Parking Concession described herein and having become familiar with Its requirements and procedures, hereby submits to the City of Lubbock this Proposal for the right to manage and operate the parking facilities and proposes to pay annually to the City of Lubbock the specified percentages of annual gross receipts or -the minimum annual guarantee which ever is greater in each year of the Contract Percentage of Gross Revenue: Year 1 50.0 % of annual gross revenue from $O to $152,500 plus 78.2 % of annual gross revenue from 5152,500 to $1,050,000 plus 94.5 % of annual gross revenue from $1,050,000 to $1.250,000 plus 90.1 % of annual gross revenue in excess of $1,250,000 rYear 2 50.0 % of annual gross revenue from $0 to 3157,500 plus 78.2 % of annual gross revenue from $157,500 to $1,050,000 plus 94. 5 % of annual gross revenue from $1,050,000 to $1,250,000 plus t 90.1 % t of annual gross revenue in excess of $1.250,000 Year 3 50.0 % of annual gross revenue from $0 to 316ZSOO plus 78.2 % of annual gross revenue from $162,500 to $1,050,000 plus 94.5 % of annual gross revenue from $1,050,000 to $1,250,000 plus 90.1 % of annual gross revenue from $1,250,000. - Year 4 50.0 % of annual gross revenue from $0 to $167,500 plus 78.2 % of annual gross revenue from $167,500 to $1,050,000 plus 94.5 % of annual gross revenue from 51,050,000 to $1,250,000 plus _ 90.1 % of annual gross revenue in excess of 51,250,000 Year 5 5(1 _ (1 % of annual gross revenue from SO to 3172,500 plus 78.2 % of annual gross revenue from 5172.500 to S1,050,000 plus 94.5 % of annual gross revenue from $1,050,000 to $1,250,000 plus 90.1 % of annual gross revenue in excess of 31,250,000 IMinimurn Annual Guarantees: Year 1 S 1, 200 , 000.00 (minimum acceptable offer is $1,000,000) Year 2: S 1, 350, 000.00 (minimum acceptable offer is $1,050,000) Year 3: $ 1, 350, 000. 00 (minimum acceptable offer is $1,100,000) Year 4: S 1, 503, 000.00 (minimum acceptable offer is $1,150,000) Year S. S 1, 606, 000.00 (minimum acceptable offer is $1.200,000) Note 1. DELETED Note 2 One-wetfth (1/121 of the minimum annual guarantee shalt be due and payable on the first dayttlat operations are commenced under the Contract and an the first day of each month thereafter during the term of the Contract. Note 3: The CRV rs interested in or000sals of incentnes that would produce more Irian the minimal guarantee. g:lpurch 97001.doe RFP 1797001. Automobile Parking Concession at Lubbock Intemaranat Airport PROPOSAL SUBMITTAL FORM (cont.) AUTOMOBILE PARKING CONCESSION The undersigned hereby offers to furnish and deliver the articles or services as specified herein and in their proposal (EXHIBIT H) and proposed contract (ATTACHED) at the terms stated therein and In strict accordance with the specifications, all of which are made a part of this offer. The undersigned will execute the Contract within thirty (30) days after receipt of Notice of Award. Attached hereto is a TWO THOUSAND FIVE HUNDRED DOLLAR ($2,500) (Proposal bond) 1--0ir-d GbwA) 40ow+ier's cft§Cc) payable, without condition, to the City of Lubbock, which shall be forfeited or surrendered to the City if successful Proposer fails to enter into the Contract Statements of the undersigned's airport panting lot management experience, references, financial statements; Automobile Parking Concession Contract, Proposer's Certification, Workers' Compensation Certificate and all other information delineated in the Proposal Format are attached. Proposer hereby acknowledges receipt of copies of all RFP #97001 documents for the above -mentioned Concession, and acknowledges that the same have been reviewed prior to the execution of this Proposal; and that the panting facilities, to include the existing revenue control equipment at Lubbock International Airport have been inspected. The undersigned further acknowledges the right of the City to reject any and all Proposals. The undersigned acknowledges receipt of Addenda as listed below and represents that any additions or modifications to, or deletions from, the service called for in these addenda, are included in this offer. ACKNOWLEDGE receipt of ADDENDA:#1_V #2_Jj!f #3 #4 Name of Business (Stamp may be used): APCOA, Inc. Address: 1000 McDonald Investment Center, 800 Superior Avenue City: Cleveland State: OH Zip 44114-2615 _ t.. DBE Firm: N/A By Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 3/14/97 Authorized Representative -`must sign by hand p m Business Telephone Number 216 /522-0700 Fax 216/523-8080, The City of Lubbock is atways very conscious and extremely appreciative of the time and effort you must have expended to submit a proposal. We would appreciate you indicating on )off *NO PROPOSAL' response any requirements of this proposal request which may have influenced your decision to *NCI PROPOSAL'. Do not sell this commodity or service Bid directs by Manufacturer. Cannot meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock (Letterhead attached with exptanedon.) If unable to respond to this RFP and you wish to continue to receive Requests for Proposals. please return this page to the City of Lubbock Purchasing Department. 2 '" LUBBOCK INTERNATIONAL AIRPORT RAMP SCHEDULE JANUARY 1997 i] F F F F F i Al LINE AE ELIGH� 3810 CO 1014 AE 3892 SW 129 SW 760 EV 7650 YV 7653 AE 3826 SW 934 SW 934 SW 72/15 SW 15 YV 7653 SW 6/293 AE 3727/3958 EV 7645 SW 224/519 CO 1053/1538 CO 1053/1056 AE 3815/3818 SW 866 EV 7629/7630 SW 280 YV 7688 AE 3645/3646 SW 20/273 SW 449 SW 266/1063 AE 3819/3832 EV 7642 SW 811/977 EV 7643 CO 1063/1140 CO 1063/1432 AE 3699/3678 SW 235/118 EV 7665/7666 SW 508 AE 3753/3574 YV 7654 SW 521/563 AE 3619/3756 SW 591/392 YV 7656 AE 3659/3514 SW 299/325 AE 3825 SW 52 SW 52/1025 CO 1533 EV 7651 YV 7656 AE 3881 SW 58 SW 58 SW 226 AE 3853 QpEPATES DAILY MON-SAT DAILY MON-SAT MON-SAT DAILY MON-SAT DAILY MON-SAT SUN MON-FRI SUN SUN DAILY DAILY DAILY DAILY SUN-FRI SAT DAILY DAILY DAILY DAILY MON-SAT DAILY DAILY DAILY DAILY DAILY DAILY DAILY DAILY SUN-FRI SAT DAILY DAILY DAILY DAILY DAILY SUN-FRI DAILY DAILY DAILY SAT DAILY DAILY DAILY MON-SAT FRI,SUN SUN-FRI DAILY SUN-FRI DAILY MON-FRI SUN FRI,SUN DAILY ABQ-ALBUQUERQUE AMA-AMARILLO ATL-ATLANTA AUS-AUSTIN BNA-NASHVILLE BTR-BATON ROUGE BUF-BUFFALO BWI-BALTIMORE CAE-COLUMBIA CHA-CHATTANOOGA CHS-CHARLESTON CLE-CLEVELAND CLT-CHARLOTTE, NC CMH-COLUMBUS CRP -CORPUS CHRISTI CVG-CINCINNATI, KY DAL-DALLAS DEN-DENVER SW -SOUTHWEST YV-UNITED ARRIVES DEPARTS ROUTINC; ORIG. 5:41 A.M. LEE DFW ORIG. 6:05 A.M. LEE IAH ATL ORIG. 6:35 LEE DFW ORIG. 6:50 A.M. LBB DAL AUS ORIG. 7:10 A.M. LBB ELP PHX ORIG. 7:44 A.M. LBB DFW 7:40 A.M. 7:50 A.M. MAF LBB DEN ORIG. 8:15 A.M. LBB DFW 8:00 A.M. 8:30 A.M. DAL LBB ABQ ORIG. 8:30 A.M. LBB ABQ 8:35 A.M. 8:50 A.M. IAH DAL LBB ORIG 8:50 A.M. LBB DAL HOU 9:35 A.M 9:45 A.M MAF LBB DEN 9:45 A.M. 10:05 A.M. HRL HOU DAL 9:56 A.M. 10:29 A.M. DFW LBB DFW 10:26 A.M. 10:50 A.M. DFW AMA LBB 10:50 A.M. 11:15 A.M. DAL LBB AUS 10:57 A.M. 11:20 A.M. ORF IAH LBB 10:56 A.M. 11:20 A.M. ORF IAH LBB 11:01 A.M. 11:45 A.M. LBB DFW 11:15 A.M. 11:35 A.M. HOU AUS LBB 11:35 A.M. 12:55 P.M. DFW LBB DFW 11:50 P.M. 12:10 P.M. ABQ LBB DAL 12:35 P.M. 12:50 P.M. DEN MAF LBB 12:38 P.M. 1:22 P.M. DFW LBB DFW 1:15 P.M. 1.35 P.M. HOU DAL LBB 2:15 P.M. 2:35 P.M. OAK ONT LAS 2:45 P.M. 3:10 P.M. AUS DAL LBB 2:40 P.M. 3:10 P..M DFW LBB DFW 2:55 P.M. TERM DFW LBB 3:45 P.M. 4:15 P.M. LIT DAL LBB ORIG. 4:45 P.M. LBB DFW 3:56 P.M. 4:40 P.M. STL IAH LBB 3:56 P.M. 4:40 P.M. STL IAH LBB 3:50 P.M. 4:20 P.M. DFW LBB DFW 4:40 P.M. 5:00 P.M. HOU DAL LBB 4:55 P.M. 6:20 P.M. DFW LBB DFW 5:00 P.M. 5:20 P.M. HOUS AUS LBB 5:00 P.M. 5:30 P.M. DFW LBB DFW 5:20 P.M. 5:35 P.M. DEN MAF LBB 5:25 P.M. 5:45 P.M. PHX ABQ LBB 5:56 P.M. 8:05 P.M. DFW LBB DFW 6:05 P.M. 6:30 P.M. OAK LAS ELP 6:25 P.M. 6:35 P.M. DEN LBB MAF 7:02 P.M. 7:15 P.M. DFW LBB 7:15 P.M. 7:35 P.M. AUS DAL LBB 8:26 P.M. TERM DFW LBB 8:45 P.M. TERM HOU DAL LBB 8:45 P.M. 9:00 P.M. DAL LBB DAL 9:27 P.M. TERM CMH IAH LBB 9:56 P.M. TERM DFW LBB 10:00 P.M. 10:10 P.M. DEN LBB MAF 10:11 P.M. TERM DFW LBB 10:15 P.M. TERM HOU DAL LBB 10:15 P.M. TERM HOU DAL LBB 11:05 P.M. TERM AUS DAL LBB 11:49 P.M. TERM DFW LBB EXHIBIT I SAN DAL HOU LBB DAL IAH DFW IAH CMH IAH BNA EWR LAS LAX IAH DEN DAL MSY LBB AUS HOU DAL MSY ABQ LAX OAK IAH RDU IAH DAL IAH ELP PHX DEN ABQ PHX LAX SJC LBB DAL AUS DAL IAH DES -DES MOINES MTY-MEXICO DFW-DALLAS/FT.WORTH OKC-OKLAHOMA CITY DTW-DETROIT OMA-OMAHA ELP-EL PASO ORD-CHICAGO GSO-GREENSBORO,NC PHX-PHOENIX HOU-HOUSTON HOBBY RDU-RALEIGH, NC HRL-HARLINGEN RIC-RICHMOND, VA IAD-WASHINGTON D.C. SAN-SAN DIEGO IAH-HOUSTON SAT-SAN ANTONIO JAN-JACKSON SAV-SAVANNAH JAX-JACKSONVILLE SDF-LOUISVILLE JFK-NEW YORK SFO-SAN FRANCISCO LAS-LAS VEGAS SHV-SHREVEPORT LAX-LOS ANGELES SLC-SALT LAKE CITY LBB-LUBBOCK SMF-SACRAMENTO LIT -LITTLE ROCK SRQ-SARASOTA, FL MAF-MIDLAND/ODESSA TPA-TAMPA MSP-MINNEAPOLIS TUL-TULSA EXPRESS EV-ASA AE-AMERICAN EAGLE CO -CONTINENTAL (UVUUU 690000, 680000. 670000 EXHIBIT J` 4t4 ti 668549 33". ...18573 . ... ..... RARRA9 qnn 1 QQA: *:Assuming u i m*' I 676Yo annual, growth rate ,. 01 "tre uz0000 800000 580000 56000a 540000 520000 S0000� I i Cs