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HomeMy WebLinkAboutResolution - 2004-R0299 - Automobile Parking Management Contract -Republic Parking Facilities - 06/29/2004RESOLUTION Resolution No. 2004-R0299 June 29, 2004 Item No. 45 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 an Automobile Parking Management Contract with Republic Parking System, Inc. for Public Parking Facilities at Lubbock International Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 29th day of ____ ~----' 2004. ATTEST: LJ&,~ ,~&, ~}arza, City Secretary <S es Loomis, Director of Aviation APPROVED AS TO FORM: ~~~c.:~~~ Linda L. Chamales, Senior Attorney Office Practice Section Lc:cityatt!Linda/Resolutions and ccdocs: Res-Republic Parking-Mgmt Contract Resolution No. 2004-R0299 June 29, 2004 Item No. 45 AUTOMOBILE PARKING MANAGEMENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND REPUBLIC PARKING SYSTEM, INC. FOR PUBLIC PARKING FACILITIES AT LUBBOCK INTERNATIONAL AIRPORT This contract is made and entered into this 29th day of JUNE , 2004, 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 79403 and REPUBLIC PARKING SYSTEM, INC. ("Parking Operator"). WITNESSETH: WHEREAS, The City of Lubbock (hereinafter "City") owns and operates Lubbock International Airport (hereinafter "Airport"); and WHEREAS, City has hereby entered into a Contract with Parking Operator to operate the public parking lot facilities and the parking shuttle system at the Airport, and WHEREAS, Parking Operator 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: A. AIRPORT ARTICLE 1 DEFINITIONS "Airport" means Lubbock International Airport. 8. CITY "City" means City of Lubbock. C. GROSS RECEIPTS "Gross Receipts" shall mean. all monies, 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 Parking Operator or the City to a taxing authority, or exemptions approved by the City. Credit ca~d fees, revenue shortages and uncollectible receivables shall not be deducted from gross receipts. D. MANAGEMENT FEE "Management Fee" is the total dollar amount to be paid by City to Parking Operator for each contract year, computed, and paid on a monthly basis as set forth herein in Article 5, G of this Agreement for operation of the Facilities, excluding direct expenses of the operation which shall be reimbursed as indicated in Article 3, E. E. PARKING FACILITIES OR FACILITIES "Parking Facilities" means the area or areas designated by this Agreement and depicted on Exhibit C1, or as may be amended, attached hereto and incorporated herein by this reference, as the place or places where the parking business of the Airport is to be 2 conducted by Parking Operator. Said area or areas are also referred to herein as the "Facilities". F. PARKING SHUTTLE SERVICE "Parking Shuttle Service" consists of shuttle buses transporting the traveling public betwee~ the parking lots and the terminal. G. DIRECTOR "Director'' means the Director of Aviation of the Airport, appointed by the City of Lubbock, and shall indude such person as may from time to time be designated by the Director to act with respect to any and all matters pertaining to this Agreement. H. REIMBURSABLE EXPENSES "Reimbursable Expenses" are specified approved expenses actually incurred and paid by the Parking Operator in its performance of this Agreement, which are reimbursed by the Cify,in accordance with the provisions in Article 3, E of this Agreement on a dollar for dollar basis, with no overhead or profit margin added. I. STANDARD OPERATING PROCEDURES; SOP "Standard Operating Procedures" means procedures issued by the Parking Operator which sets forth detailed procedures or requirements for specific portions of the Parking Operator's work hereunder. ARTICLE 2 TERM AND HOLDING OVER A. Term. The term of this contract shall be for a period of five (5) years beginning the first date of operations. This contract can be renewed for an additional five years under terms agreeable to the City and Parking Operator, such terms to be negotiated and accepted by both parties no later than six (6) months prior to the end of the initial term. Should 3 mutually acceptable terms not be reached, the City reserves the right to terminate the agreement at the end of the initial term. 8. Holding Over. Notwithstanding any other provision of this contract relating to termination, the City and Parking Operator agree that in the event a new Parking Operator 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 the Parking Operator that the new Parking Operator 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 Parking Operator. The Parking Operator shall furnish its final audit required hereunder within ninety (90) days after termination of this contract and commencement of operations by the new Parking Operator. ARTICLE 3 PARKING OPERATOR'S REQUIREMENTS A. Exclusivity. Parking Operator is granted the exclusive right to operate only the public parking facilities shown on Exhibit C.1 and the parking shuttle system. B. Acceptance of Facilities. Parking Operator acknowledges that it has carefully examined the facilities and is familiar with all equipment, including the computer-operated revenue control system and shuttle system and Parking Operator hereby accepts the same, as it exists on the commencement date of the term hereof. C. Parking Lot Service. The Parking Operator 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. 4 D. Management of Parking Lot. Parking Operator shall employ, 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 three hundred sixty-five (365) day per year 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 five minutes. 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 dispensing machine for each parking area will be operational. All entrance lanes, one express exit and a minimum of one cashier booth shall be open 24-hours per day three hundred sixty- five (365) days per year. E. Annual Operating Budget and Reimbursable Expenses. At least ninety (90) days prior to each contract year, Parking Operator shall prepare and submit to the Director for its approval an annual operating budget which conforms to the standards required hereunder. Said budget may be revised by the Director prior to approval, and shall be subject to further review by the parties from time to time at the request of either Parking Operator or the Director. All approvals or revisions of said budget by the Director shall be set forth in writing, and the total of said approved budget shall thereafter be binding upon Parking Operator. The annual operating budget shall include all ordinary direct costs and expenses to be incurred by Parking Operator in the operation of the Facilities, in such detail as the Director may direct, including but not necessarily limited to the following: 1. Wages of the manager and all full and part-time positions for persons employed at the Airport by category including social security, worker's compensation, unemployment insurance, hospitalization and health insurance, and pension costs. 5 2. The cost of employee uniforms, nameplates and training. 3. The cost of ticket stock, reporting forms and other expendable supply items used directly in the operation of the Facilities. 4. The cost of licenses and permits obtained pursuant to existing federal, state, county or city statute, ordinance or law. 5. Any advertising or promotion costs or costs of employment and training of employees, to the extent approved in advance by the Director. 6. The cost of telephone service. 7. The cost of credit card fees. 8. The cost of armored car services. 9. The cost of vehicle maintenance and shuttle bus leases. 10. The approved cost of rental machinery and equipment. 11. The cost of repair and maintenance of land and buildings, vehicles and revenue control system. 12. The cost of maintaining the furniture, equipment, and supplies required to be furnished by Parking Operator hereunder. All such items shall be included in the approved annual operating budget and shall be considered Reimbursable Expenses. F. Non Reimbursable Expenses. The approved annual operating budget shall specifically not include, nor will the Airport reimburse for the following expenses: 1. Salary, costs, and expenses of non-resident executive, legal, administrative, aq~ounting, auditing, or bookkeeping personnel of Parking Operator. 2. Taxes on Parking Operators personal property. 3. Financing costs associated with Parking Operators working capital or with the 6 purchase of equipment which Parking Operator is required to purchase in accordance with the terms hereof. 4. Travel, entertainment and professional membership expenses. 5. Bonds and insurance required by this Contract or in conjunction with this Contract. 6. Costs of repairs for damages caused by negligence, or willful misconduct, or omission of Parking Operator or its employees. 7. All licenses, permits, fees, and business taxes necessary to do business. 8. Employee incentive program. G. Budget Revisions. The approved annual operating budget may be revised by the Airport from time to time to permit the inclusion of unforeseen expenses as approved Reimbursable Expenses, but only if and to the extent that the Airport in its sole discretion deems such revisions necessary and appropriate, which approval shall be required in writing from the Airport. Airport may request that Parking Operator prepare and submit a revised mid-year annual budget to evaluate expenses for the remainder of the year. H. Services or Solicitation. Parking Operator 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 lot at the Airport, except with the prior written permission of the Director. I. Gratuities. Under no circumstances shall any employee or representative of Parking Operator request or demand any gratuity. J. Professional Advice. Parking Operator shall provide professional advice to the Airport on an as-need basis including but not limited to appropriate parking rates, enhanced revenue 7 control systems/equipment, parking facility requirement, signage, internal traffic, customer service enhancements, holiday and peak period public information needs, operating procedures and facility expansion to improve t~e level of service and efficiency and profit of the Parking Facilities. K. Other Services. Except as hereinabove expressly provided, Parking Operators 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. L. Vehicle Inventory. Parking Operator is required to conduct a physical count of vehicles parked on the Facilities each day, including recording of the license number of each vehicle parking overnight; and Parking Operator shall be responsible for insuring that the list of license numbers is available at the exit booths not later than 9:00 a.m. on the following day. M. Trash Disposal. Parking Operator shall dispose of all trash, garbage, and other refuse resulting from its business operations authorized by this Contract in the Airport's trash disposal system. N. Damages by Parking Operator. Parking Operator shall at its own expense promptly repair, replace or rebuild any structures, facilities, equipment or other property of the City located on the premises which may be damaged or destroyed by the negligence, or willful- misconduct, or omission by the Parking Operator or its employees. The Parking Operator shall at all times maintain the Facilities in a clean and orderly condition, the appearance of the office space assigned to it and all fixtures, equipment and personal property of the City which are located in or on such space. 0. Standard Operating Procedures. Parking Operator shall operate the Facilities and all equipment associated therewith in accordance with the Standard Operating Procedures 8 at the Airport. Parking Operator shall be responsible for updating the Standard Operating Procedures (SOP) for the operation of the Facilities at the Airport of which all provisions shall be subject to the approval of the Airport. The SOP shall always address at a minimum the following subjects: 1 . General operating and management policies. 2. Customer service policies. 3. Cash control accounting and audit procedures. 4. Lost ticket procedures. 5. Employee job descriptions. 6. Employee train-ing guides. 7. Employee schedules. 8. Emergency procedures. 9. Location of full-time manager and assistant manager's office and home phone number. 10. Company personnel policies. ARTICLE4 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. Parking Operator 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 Parking Operator 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. 9 C. Use of a PA System. Parking Operator 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. Parking Operator shall not divert nor permit any employee to divert any parking trade from the Airport or to interfere with normal Airport operations. The Director, at his sole discretion, shall make any determination of diversion or interference. E. Right to Develop and Operate Airport. Parking Operator shall take no action to interfere with the City's right to develop and operate the Airport as the City may so determine. F. Non-Competition. Parking Operator shall not operate any other parking and/or shuttle facility within five (5) miles of the Airport. ARTICLE 5 FINANCIAL MATTERS AND REPORTS A Collections and Deposits of Revenue. 1. All Parking Facilities revenue collected by the Parking Operator are the property of the City and shall be held in trust by the Parking Operator while the funds are in its custody and control. Parking Operator shall collect, hold in trust for City, account for, and deposit each business day in the bank account designated by City, and in the name of City, all Gross Receipts derived or due from the operation of Parking Facilities hereunder. Should any of such Gross Receipts be lost, stolen, or otherwise unlawfully removed from the custody and control of Parking Operator, Parking Operator shall continue to be responsible therefore. Parking Operator shall deposit in the bank designated by City a like s_um of moneys within forty-eight (48) hours of discovery of such loss, theft, or unlawful removal. Should said loss, theft, or unlawful removal be insured or otherwise secured by Parking Operator, any payments made to City by such insurance company, bonding company, or other, when paid to City, shall 10 be reimbursed to Parking Operator to the extent of such deposit. The Parking Operator shall comply with the Standard Operating Procedures concerning processing of transactions and deposit of revenues, and as such procedures may be amended by the Airport. 2. All Parking Facilities revenues collected will be kept in the locked safe, to which a limited number of the Parking Operators employees will have access. When any Parking Operators employee with such access and knowledge of the combination to the safe is suspended or terminated, resigns, is reassigned to work elsewhere than the Airport, or is placed on any type of administrative or investigatory leave, the Parking Operator will immediately notify the Airport, and will cause the combination or code to be changed. 3. Parking Operator shall deposit all overages and shortages with the deposit for the business day of its occurrence. Shortages and overages will not offset each other; however, operator will not be responsible if a shortage can be reconciled and eliminated within three (3) days. B. Credit Card Acceptance. The City shall reimburse the Parking Operator for all costs associated with the acceptance of credit card charges in payment of parking fees if such acceptance is directed or approved by the City. Those costs shall include, without limitation, credit card processing equipment, processing fees, charge slips, processing consumables, telephone service and dishonored charges so long as they are processed in accordance with the SOP approved by the City. All other credit card transactions not in compliance with established procedures will be the responsibility of the Parking Operator to reimburse the Airport appropriate revenue should payment not be received per Article 5, I herein. I I C. Revenue Shortages. If the Parking Operator charges any patron a rate, fee, or charge which is less than the established schedule of rates, or a Parking Operator employee does not reconcile the accounting of funds, the amount by which the actual charge or deposit is less than the appropriate total dollar amount constitutes a shortage and an amount equivalent thereto shall be immediately paid by the Parking Operator into the revenues due the City hereunder. Shortages and overages will not offset each other; however, operator will not be responsible if a shortage can be reconciled and eliminated within three (3) days. D. Delinquent Accounts. Parking Operator shall be responsible for the follow up and collection of outstanding delinquent parking accounts receivable, and all monies collected from delinquent accounts shall be added to Gross Revenues in the same manner and on the same day collected. Losses of revenues resulting from failure of Parking Operator employees to follow established collection procedures shall be deducted from reimbursable expenses due Parking Operator under Article 3, E herein. E. Lost Tickets. Lost tickets shall be accounted for by a lost ticket form in a format approved by the Airport. The lost ticket form shall include the customer name, address, phone number and signature. Appropriate audit procedures shall be taken by Parking Operator monthly to verify the authenticity and correctness of a minimum of ten percent (10%) of all lost tickets. F. Unaccounted for Tickets. Unaccounted for tickets shall be equal or less than %% of 1 % of total tickets. If unaccounted for tickets exceed this percentage, Parking Operator agrees to pay $10.00 per ticket to the City for the next% of 1% total tickets, and $15.00 per ticket in excess of 1 % of total tickets. 12 G. Payment for Operating Costs. Parking Operator shall pay when due all costs and expenses connected with its operations hereunder, and shall submit to the Airport on or before the tenth (1 oth) day of each month an itemized statement of all approved Reimbursable Expenses incurred and paid for during the previous calendar month. Each such statement shall be accompanied by such proof of disbursements and charges. Reimbursement shall be made by the Airport of the undisputed portion of each such itemized statement, provided all appropriate supporting documents are attached, within thirty (30) days from the receipt thereof. In the event the Airport disputes any item or portion of such statement, it shall provide Parking Operator with its objection to such item or items, and the reason therefore. Parking Operator shall have the right within thirty (30) days from the receipt of such notice of dispute Jo provide an explanation of the disputed item or items and any additional documentation which it wishes to provide. The Airports decision in any matter pertaining to disputed invoices or charges shall be final; and if approved, a disputed charge shall be added to the next invoice submitted to the Airport by Parking Operator. Any expense paid by Parking Operator that is not an item of the approved operating budget shall not be reimbursed unless it was previously approved )n writing by the Airport. H. Management Fee. As compensation for its services hereunder during the term of this Agreement, the City shall pay to Parking Operator the following amounts each year. 13 Year1 Eighty-eight thousand four hundred forty-six dollars $88,446 Year2 Ninety-one thousand ninety-nine dollars $91,099 Year3 Ninety-three thousand eight hundred thirty-two dollars $93,832 Year4 Ninety-six thousand six hundred forty-seven dollars $96,647 Year5 Ninety-nine thousand five hundred forty-seven dollars $99,547 Such Management Fee shall be paid in monthly increments and shall be included as a part of the itemized statement of approved expenses submitted in accordance with Article 5, G above. Said monthly increment of the Management Fee shall be paid in arrears by the Airport in the same manner as Reimbursable Expenses are paid to Parking Operator, and is intended to compensate Parking Operator for its services and for its corporate expenses, overhead expenses and other expenses not considered reimbursable but involved in the operations described in this agreement. I. Loss of Revenue. Parking Operator shall be responsible for any losses incurred on checks or credit card charges where Parking Operators personnel have failed to follow the established SOP and such losses shall not be reimbursable to Parking Operator. J. Daily Activity Reports. Parking Operator shall submit daily to the Airport a cash summary reconciling total Gross Revenues to the daily deposit, a bank deposit slip and explanations of any overcharges and/or undercharges. K. Weekly Activity Reports. Reports shall be maintained and submitted to the City. Reports shall also 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. 14 2. Daily shift reconciliation. 3. Daily report of gross revenues, audit totals, cash reports, bank deposits, physical inventory, ticket activity and ticket reconciliation. L. Monthly Activity Reports. Parking Operator shall submit monthly activity reports in a format acceptable to the Airport within ten (10) business days following the end of the calendar month. Failure to submit this report shall subject Parking Operator to a penalty of one hundred dollars ($100.00) per day for each day of delay past the due date, and the Airport shall withhold all payments due under Article 3, E and Article 5, G hereof until monthly activity reports are received. 1. Gross Receipts Report. On or before the 10th day of each month, after commencement of operations hereunder, Parking Operator shall submit to City a detailed statement showing all Gross Receipts derived from business transacted by Parking Operator on the Airport during the preceding calendar month. Such report shall be submitted on forms as determined mutually acceptable to Parking Operator and City. 2. Ticket and Inventory Report. A monthly report shall be signed by the preparer, countersigned by the General Manager and shall be submitted to the City on parking tickets collected by lot, by day, and include a summary count of the daily license plate inventory and the dollar value of revenues forfeited due to non revenue parking (Article 7 D & E). Said report shall also include the date(s) and time(s) that any given parking lot was closed in the previous month. Parking Operator 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). Revenue accountability is based on actual number of vehicles in and out and ticket inventory. Ticket stock 15 shall be pre-numbered. Tickets shall be also numbered and dated as they pass through the bar code device at the spitter location. 3. Other Reports; Any other reasonable financial or statistical reports which City from time to time m·ay request by written notice to Parking Operator. M. Cash Handling. Parking Operator shall develop procedures for handling the receipt of monies for City approval prior to commencement of operations. Said procedures shall be outlined in the Standard Operating Procedures and _become Exhibit D and made a part hereof. Parking Operator shall perform" periodic and surprise audits regularly of cashiers to assure that they are performing in accordance with the procedures. A. Accounting Records. , ARTICLE 6 AUDIT 1. Parking Operator shall at all times during the term of the Contract, and any extension or renewal thereof, maintain on the Airport complete and accurate books and records of its operation on the Airport in a form consistent with good accounting practices. Daily tickets shall be retained on the Facilities until audited by the City and may be disposed of after the audit period. Books and records shall contain an itemized record of all parking charges collected at the Facilities, of all other revenue, if any, derived by Parking Operator from its operations on the Airport and of all expenses paid in performing its obligations hereunder in such detail as the Airport may request and shall include, among other things all cashier shift reports, daily master reports and journal tapes and tickets. 2. All books and records shall be kept on a cash basis and shall be available for inspection, by the City and its duly authorized representatives at any time during reasonable business hours, for a period of no less than three (3) years after the end of 16 the contract year to which they pertain. In the event that all necessary records, books and other pertinent information are not maintained or made available in the City of Lubbock, State of Texas, all reasonable travel expenses (transportation, lodging, meals, and incidentals) incurred by the City or its authorized representative for the audit will be reimbursed by Parking Operator upon presentation of an invoice with supporting bills/receipts attached. 8. Audit. City shall have the right upon reasonable written notice to Parking Operator to cause an audit to be made of the books and records of Parking Operator which relate to its operations on the Airport for any or all of the three (3) years immediately preceding such audit. If, as a result of such audit, it is established that Parking Operator is liable to the Airport for the payment of any sum, Parking Operator shall forthwith upon written demand from the City pay such sum to the City together with interest thereon at the rate of one percent (1 %) per month from the day such sums should have been paid. Further, if such audit establishes that Parking Operator has overstated its Reimbursable Expenses, or understated the amount of parking charges collected by it from the Facilities for any twelve month period by two percent (2%) or more, then the entire expense of such audit shall be borne by Parking Operator. The City's rights under this paragraph shall survive the expiration or earlier termination of this Agreement. C. Audit by Parking Operator. Parking Operator shall cause an on-site audit to be done at least twice annually by an audit team of either its headquarters or a regional office, covering the cashier activities, Standard Operating Procedures, and the records of its operation at the Airport. D. Annual Audit Statement. Within sixty (60) days following the end of each complete contract year, submit to the City an Independent Certified Public Accountant's Statement 17 of Parking Operator's operating revenue which shall reflect whether 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 Parking Operator and shall opine as to the accuracy of the reporting of Gross Receipts by Parking Operator ahd 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 Parking Operator and City. ARTICLE 7 SCHEDULE OF PARKING RA TES A. City Establishes Parking Rates. Parking Operator shall charge only those parking rates which are established by City from time to time in a written schedule of rates issued by the Director. It shall permit no 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 upon written notice to Parking Operator. 8. Rates. Upon commencement of this Contract, Parking Operator shall charge the current parking rates as shown on Exhibit 8. C. Overcharge. f the Parking Operator 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 Parking Operator's patron, be promptly returned to the patron. D. Free Parking. Parking Operator will allow free parking for individuals designated by the City. City will provide Parking Operator with a list of these individuals, subject to State 18 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 Airport officials as designated by the Director of Aviation. Parking Operator will provide City with free exit passes or free parking cards, 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 or designated Airport official. A list of those authorized to sign the courtesy tickets will be provided to Parking Operator by the Director or designated Airport official. E. Disabled Veterans. Parking Operator will allow free parking for individuals designated as disabled veterans. F. Rate Signage. The rates for the public parking lots shall be prominently posted by Parking Operator at all entrances and exits of the facilities. G. Types of Payment Accepted. Parking Operator shall accept cash, major credit cards, and travelers' checks with verifiable identification as payment of parking fees. ARTICLE 8 INSURANCE A. Types of Insurance. Parking Operator shall secure and maintain at least the following policies of insurance: 1. Comprehensive General Liability Insurance -The Parking Operator shall have Comprehensive General Liability Insurance with limits of not less than $1,000,000 Combined Single Limit in the aggregate or per occurrence to include: Premises and Operations 19 Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 2. Workers' Compensation and Employers' Liability Coverage -Parking Operator shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Parking Operator shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that Parking Operator maintains said coverage. Any termination, cancellation or non renewal of worker's compensation insurance coverage shall be a material breach of this Contract. 3. Automobile Liability Insurance -insurance for all owned, non-owned, and hired vehicles with $1,000,000 Combined Single Limit. B. Excess Liability. If the insurance policies are not written for the amount specified above, Parking Operator will carry an Excess Liability insurance policy for any difference in the amounts specified. The Parking Operator shall be responsible for any deductible amounts stated in the policies. C. Additional Insured and Waiver of Subrogation. The required insurance must be approved by the City and written by a company licensed to do business in the State of Texas at the time the policy is issued. In addition, the company must be acceptable to the City (must have a Best's Insurance Reports general policy holder's rating of "A" or better), and all insurance (other than Workers' Compensation) shall be endorsed to include the City as an additional insured. All policies shall include a waiver of subrogation in favor of the City. Certificates evidencing such insurance shall be filed with the Director upon 20 execution of the contract. Renewal certificates shall be filed with the Director prior to expiration date. D. Insurance Cancellation. Parking Operator shall not cause any insurance to be canceled, nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until thirty (30) days after the City has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date and the above-mentioned notice of cancellation clause. E. Insurance Coverage Adjustments. The City reserves the right to review the insurance requirement of this section during the effective period of the contract and to adjust Insurance coverage's and their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Parking Operator. ARTICLE 9 BONDS A. Fidelity Bond. Parking Operator, 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. Parking Operator 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. Parking Operator also agrees to return the account for any such funds received from such bond, paying City for the lost or stolen funds recovered. 21 . B. Performance Bond. Parking Operator must obtain and maintain a Performance Bond in the amount of on hundred thousand dollars ($100,000) in a form reasonably acceptable to the City covering any and all losses of funds belonging to the City. Such bond shall be effective through the term of the Agreement. In lieu of a Performance Bond, Parking Operator may give the City an irrevocable letter of credit from a bank or other financial institution approved by the City Attorney of the City and which assures the City of payment of any and all funds belonging to the City. ARTICLE 10 STANDARDS OF SERVICE A. Staffing Requirements. Parking Operator shall propose, and at all times meet the "Staffing Schedule" Parking Operator shall set forth and as listed as Exhibit E, and failure to do so shall be an "event of default" hereunder. Parking Operator shall provide adequate personnel to meet all reasonable demands of the public as determined and interpreted by City, acting by and through its Director of Aviation. It is expressly agreed that Parking Operator 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 five minutes at any time. B. Type of Operation. Parking Operator 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 Parking Operator shall adopt methods and procedures, and cause its employees to comply with same, so that the space shall be kept in a neat and orderly condition. The contract with each operator of a motor vehicle who parks in the space shall consist solely of 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 22 space, and which ticket shall contain only such terms, conditions, and provisions as the Director 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 Parking Operator'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 Parking Operator, who shall be subject at all times to the direction and control of Parking Operator. Parking Operator will cause such General Manager to be assigned a duty station or office on the Airport, at which location he/she shall be present at the Airport a minimum of forty (40) hours per week, usually during normal business hours and be reasonably available at all times; and Parking Operator 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 Airport Director reserves the right to approve the selection of the said General Manager, provided, however, that such approval shall not be unreasonably withheld. The General Manager shall have Parking Operator's authority to make decisions and establish rules and procedures necessary to conduct daily operations. D. Personnel. Parking Operator shall furnish sufficient adequately trained personnel, including qualified, competent, and experienced supervisory personnel, cashiers, checkers, cleaners, clerks, inventory personnel, and others necessary to operate the Facilities and to meet all reasonable demands of the traveling public. All prospective employees shall be subjected to a background check and a pre-employment drug 23 screening. Scheduling requirements of personnel may fluctuate based upon airline schedules, delays due to weather conditions, holidays and other occurrences, and Parking Operator shall provide for addition or reduction of personnel as required by the City. The City shall endeavor to provide reasonable advance notice to Parking Operator of all such changes in staffing or schedule requirements. E. Employment of Personnel. The Parking Operator shall establish appropriate procedures and controls so that services under this Contract will not be performed by using any person who is not legally eligible for such employment under United States immigration laws. Failure to comply satisfactorily with this condition may cause the City to terminate this Contract. Parking Operator understands and agrees that Parking Operator and Parking Operator's employees, agents, servants, or other personnel are not City employees. Parking Operator shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to Parking Operator or any of Parking Operators employees, agents, servants or other personnel performing service under this Agreement. F. Training. Parking Operator shall employ only experienced and knowledgeable personnel for the operation of the Facilities and shall be responsible for providing all of its employees at the Facilities with appropriate operational and customer service training. No training shall be conducted in exit booths during periods of heavy exiting traffic. G. Uniforms and Badges. Parking Operator shall provide all of its employees with uniforms and identification badges (with names in clear view of the customers). Uniforms and badges shall be subject to the prior and continual approval of the Airport. 24 H. Appearance. Parking Operator shall be responsible for assuring that its employees will present a neat, clean and orderly appearance at all times, that they will be courteous to customers of the Facilities, and that under no circumstances shall any employee or representative of Parking Operator be loud or boisterous or use profane or abusive language in or about the Facilities or elsewhere on the Airport. Under no circumstances shall any employee or representative of Parking Operator request or demand any gratuity. I. Illegal Acts. Parking Operator shall immediately remove any employee or other representative of Parking Operator from the Facilities who participates in improper or illegal acts, either on the Facilities or elsewhere on the Airport, who violates Airport rules and regulations, any provision of the Standard Operattng Procedures or any provision of this Agreement, or whose continued presence on the Airport is in the opinion of Parking Operator or the Director deemed not to be in the best interest of the Airport. J. Employee Vehicles. Parking Operator's employees, during hours of employment only, will park in the designated employee parking lot. K. Claims and Complaints. With respect to any claim or complaint, upon written request, Parking Operator shall furnish the Director a full written report of the circumstances involved and shall maintain a log of all complaints received. L. Removal of Vehicles. Parking Operator 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. Parking Operator will provide the Director with a written procedure for identification and removal of abandoned vehicles which complies with statutory law. M. Assistance for Disabled Vehicles. Parking Operator shall either maintain capability to provide, at no cost to patron(s), 24-hour emergency service for vehicles of parking 25 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 flat tires. N. Advertising and Promotion. Parking Operator shall be responsible for informing the traveling public about the public parking services at the Airport and the parking rates. All methods and material used in advertising and promotion shall be subject to prior written approval of the Director. O. Disabled Persons. Parking Operator 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. P. Securitv. Parking Operator shall provide security for all parking receipts, parking tickets (used and unused), keys, and computer cards. Parking Operator shall provide personal and property security in the form of staff patrols armed escort and/or armored car 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 Department. Q. Parking Shuttle Service. From the first day of operation, Parking Operator shall operate daily shuttle service from the Airport terminal to covered parking beginning each day twenty-four hours per day. Parking Operator shall furnish a shuttle van fleet from the first day of operation. Parking Operator shall operate the shuttles in a manner that will satisfy requirements of the Public Law 101-336, American's 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 26 7-1/2 minutes) during the hours of operation. Parking Operator will submit, for Director's approval, a shuttle operating schedule upon execution of this contract. Parking Operator 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. Parking Operator shall maintain a fleet of no fewer than four (4) vehicles each with a minimum passenger capacity of seven people plus a driver with ample storage area for luggage. The fleet shall not be older than six years from the current year. 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). 1. Parking Operator shall make no charge of any kind to shuttle bus passengers. 2. Parking Operator's employees shall not request or demand any gratuity. 3. 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. No vehicle in the shuttle fleet shall be operated at the Airport by Parking Operator that does not comply with all of the following minimum standards: 1. Each vehicle shall conform to all state minimum safety standards. 2. Each vehicle shall be reasonably free of dust, dirt or rubbish, and be otherwise clean and sanitary. 3. No part of the body of such vehicle shall be missing, bent or dented out of shape. 4. The exterior and interior paint shall not be rusted, flaked or scraped. 5. The coverings of floors, seats, back and armrests shall not have rips, tears or places where the covering material has worn through. R. Revenue Control Equipment. 27 1. Parking Operator shall utilize without charge, the existing parking control equipment and revenue control equipment. Any modification by the Parking Operator shall be approved in writing by the Airport. Title to the parking control and revenue control equipment, shall remain with the City. However, the equipment will be in the full custody, care, and control of Parking Operator, 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 Parking Operator's personal property. In the event of theft or destruction, Parking Operator shall replace such equipment with due diligence. 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. 2. Parking Operator acknowledges that it understands and is capable of operating the revenue control system including the licepse plate inventory and space control in \ place at the commencement of this contract. S. Telephone Service. Parking Operator shall procure its own office telephone equipment and shall pay all local and long distance telephone service charges and data line charges. This will be considered a reimbursable expense. ARTICLE 11 IMPROVEMENTS AND CONSTRUCTION A. Installations/Improvements by Parking Operator. Parking Operator shall 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 prior to installation. All improvements which are affixed to the premises are referred to 28 herein as "Capital Improvements." All non-affixed items, including movable safes and furniture, are referred to herein as "Trade Fixtures." 1. Parking Operator shall maintain all existing signs including, but not limited to, entrance, directional, rate and additional signs located within all parking lots. 2. Other improvements, including signs, needed with respect to the operation of the facilities may be provided by Parking Operator, subject to approval of the Director. 3. 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 in writing. 8. Approval of Plans and Specifications. 1. Any and all plans for installations, alterations, or additions to be made in the facilities by Parking Operator shall be subject to the prior written approval of the Director. Parking Operator, prior to making any such installations, alterations, or additions, shall submit to the Director for written approval, precise plans, delineation's, colors, and materials; and for any equipment of Parking Operator 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 Parking Operator without such prior written approval. All construction shall conform with the general architectural requirements of City. No more than thirty (30) days after alterations/additions have been completed, Parking Operator 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 Parking Operator, its agents, or contractors, including the plans and 29 specifications therefore, shall conform in all respects to applicable statutes, ordinances, building codes and rules and regulations. Any approval given by the Director hereunder shall not constitute a representation or warranty as to such conformity and responsibility therefore shall at all times remain with Parking Operator. 3. Parking Operator shall obtain all required professional engineering services for plans, specifications and construction documents. 4. Parking Operator shall make application for and obtain all applicable permits from City of Lubbock to complete its construction/installation projects. C. Title. All capital improvements (excluding shuttle vehicles) and alterations or repairs made to the facilities by Parking Operator shall become and remain the property of the City. D. Structural Alterations. Parking Operator shall make no structural alterations to the facilities without written consent of the Director. E. Removal and Demolition. Parking Operator shall not remove or demolish, in whole or in part, any of the facilities without the prior written consent of the Director who may, in his discretion, condition such consent upon the obligation of Parking Operator to replace to same by an improvement specified in such consent. F. Installations/Improvements by City: 1. Perimeter roads to the paid parking lots, curbing as required, and sidewalks as required. 2. Any landscaping deemed by the City to be necessary or desirable. 3. Water and sewer lines to the premises. 4. Electrical lines to the premises. 30 5. Light poles for general illumination. 6. Four Exit Gatehouse Buildings. 7. Parking control and revenue control equipment as shown in Exhibit F. G. Additions and Deletions of Facilities. The Director shall have the right, from time to time, to change the parking area facilities to be operated by Parking Operator. Any additional or substituted parking areas shall thereafter be subject to all the terms, provisions, covenants, and conditions of this Contract, and Parking Operator 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 Parking Operator 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 or 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. A. City Obligations ARTICLE 12 MAINTENANCE OF FACILITIES 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 Parking Operator, or for the benefit of theirs than the Parking Operator at the Airport, to maintain existing and future service system and to enter the facilities at all times to make such repairs, replacements and alterations as may, in the opinion of the City, be 31 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 Parking Operator'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 to properly operate the Airport, or any part thereof, the Parking Operator 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 Parking Operator'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 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. 32 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 Parking Operator one (1) office at a location to be selected by the City. Parking Operator, with approval of City, may choose to locate an office at another location at no cost to the City. B. Parking Operator's Obligations. 1. Parking Operator 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 restroom facilities and every part thereof and keep said equipment, booths, office, and restroom 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. If it is determined that said maintenance is not satisfactory, the Director shall so notify Parking Operator. Within ten (10) days after receipt of written notice by Parking Operator, 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 and will not be reimbursed to the Parking Operator. 33 3. Parking Operator shall promptly notify the Director or his designee of any and all items or matters requiring maintenance by City on the facilities. 4. Parking Operator shall be responsible for the cleaning of the facilities, which will include, but not be limited to, all sweeping of sidewalks and parking surfaces, weed control in parking lots, 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, Parking Operator 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. Parking Operator 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 shall notify Parking Operator in writing. If said cleaning is not performed by Parking Operator within twenty-four (24) hours after receipt of written notice, City or its agents shall have the right to enter upon the space and perform the cleaning therefore and the cost thereof, plus twenty (20%) percent administrative overhead, shall be charged and will not be reimbursed to the Parking Operator. 5. Parking Operator 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. 34 6. Parking Operator shall maintain, inspect, and recharge four (4) fire extinguishers provided by City pursuant to Lubbock Fire Department requirements. 7. Parking Operator shall stripe pavement every three (3) years or earlier as needed to keep clear, sharp painted markings easily seen by the public. 8. Parking Operator shall provide and maintain directional, rate signage and other signs within the leased facilities. In the event of a rate change, Parking Operator will provide new signage prior to the effective date of the change. 9. Parking Operator shall be solely responsible for the storage of equipment needed to accomplish the foregoing. ARTICLE 13 ASSIGNMENT AND SUBLEASING The Parking Operator shall not assign, transfer, sublease, pledge, hypothecate, surrender or otherwise 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 personal property of every kind and nature whatsoever which Parking Operator 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 Parking Operator on the facilities shall, as between City and Parking Operator, be and remain the personal property of Parking Operator, notwithstanding the same are or may be attached or affixed to the floors, ceilings, or any other parts of any buildings or structures on the facilities. Parking 35 Operator shall have said right to remove same provided that, upon any such removal, Parking Operator shall repair, at its own non-reimbursable 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 Parking Operator remove all personal property from the facilities within thirty (30) days after said termination. If Parking Operator fails to remove said personal property, if so requested by City, said property may after thirty (30) days be removed and stored by City at Parking Operator's expense, plus 20% of the removal and storage expense for cost of administration. C. At the termination 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 Parking Operator, in which event Parking Operator 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 Parking Operator 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 Parking Operator is complying with the terms and conqitions hereof or for any other purpose incidental to rights of City. If Parking Operator is in violation 36 of 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 Parking Operator, and Parking Operator 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 Parking Operator, 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 Parking Operator, for itself, its successors and assigns, as part of the conside-ration 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 re-enter and repossess said facilities and hold the same as if said Contract had never been made or issued. D. The Parking Operator 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 Parking Operator 37 will require that its subcontractors similarly undertake affirmative action program and that they will each require assurances from their subcontractors, as required by 14 CFR Part 152, Subpart E. E. Parking Operator 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. Parking Operator hereby agrees that it will include the above clauses in all subleases and/or subcontract at Lubbock International Airport and cause such subcontractors 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 Pursuant to Department of Transportation Regulation (DOTR) 49 CFR Part 23, Appendix A, the Parking Operator shall make good faith efforts to subcontract 2.63% of the dollar value of the prime contract to CERTIFIED disadvantaged business enterprises (DBEs)--small business concerns owned and controlled by socially and economically disadvantaged individuals, to include SBA Section 8(a) certificate holders. If Parking Operator qualified as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific American, and Asian-Indian Americans. Contractual contracts for procurement of services from certified DBE firms may be counted toward the goal. ARTICLE 18 38 PUBLIC LAW 101-336, AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 Parking Operator will comply fully with all provisions of ADA, to include employment practices and capital improvements. ARTICLE 19 TERMINATION A. Termination by Parking Operator. This Contract may be terminated by Parking Operator after the happening of one or more of the following events: 1. 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 Parking Operator for a period of at least ninety (90) days from operating thereon. 2. 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 Parking Operator of written notice to remedy the same. 3. The complete destruction of the leasehold improvements and, failure to replace said improvements within twelve (12) months after said destruction. 4. 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, Parking Operator 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 that it cannot be cured within thirty (30) days, City shall be deemed to have cured such default, if within such thirty (30) day period it shall commence performance and thereafter diligently prosecute the 39 same to completion. Rentals and fees due hereunder shall be payable 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. 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. Parking Operator fails to operate the facilities under the provisions of this Contract or abandons the facilities or any substantial part thereof; or 3. Any interest of Parking Operator hereunder is levied under execution; or 4. Parking Operator 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 Parking Operator is adjudged bankrupt or adjudged involvement according to law, or Parking Operator make any assignment of its property for the benefit of creditors; or 5. Parking Operator defaults on any other obligations assumed by it hereunder. 6. Parking Operator falsifies gross receipts reports or expense records. 7. Any other activity beyond the reasonable control of Parking Operator which reduces revenue by 50% for a period of three (3) consecutive months. 8. Parking Operator fails to make a good faith effort to replace within thirty (30) days any terminated DBE/local subcontractor with a like operator. 9. Upon the happening of any such event causing failure to meet any of the requirements of this contract and should Parking Operator 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 Parking Operator at 40 least ten (10) days in advance of the date upon which termination is to be effective; provided, 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, Parking Operator may be deemed to have cured such default if within such specified time period it shall commence performance and thereafter diligently prosecute the same to completion. In the event of failure by Parking Operator at any time to comply with the staffing requirements of Exhibit E hereof, and should Parking Operator fail to cure such default within the time as specified in written notice and after receipt of written notice thereof, the Director shall have the right to terminate this Contract by giving written notice to Parking Operator. ARTICLE 20 AIRPORT REGULATIONS The exercise by Parking Operator 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 Parking Operator 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 Parking Operator. ARTICLE 21 SECURITY A. Parking Operator shall comply with all rules, regulations, written policies and authorized procedures from the City and/or the Federal Aviation .Administration with respect to Airport security. The Parking Operator shall conduct all of its activities at the Airport in compliance with the Airport Security Program, which is administered by the Airport Operations Division. 41 B. The security status of the Airport is subject to change without notice. Should the security status of the Airport change at any time during the term of this Agreement, notice shall be issued to the Parking Operator detailing all applicable security modifications. The Parking Operator shall take immediate steps to comply with these security modifications. ARTICLE 22 HAZARD COMMUNICATION STANDARD Parking Operator agrees at all times hereunder to be subject to regulations imposed by Code of Federal Regulation 1910.1200 "Hazard Communication Standard." Parking Operator 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 Parking Operator. ARTICLE 23 GENERAL PROVISIONS A. Taxes and Licenses. Parking Operator 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. Parking Operator 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. B. 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 Parking Operator and Director mutually agree that developments or improvements significantly impair parking operations, reasonable operational and financial adjustments may be made. Parking Operator shall cooperate fully with City staff in reviewing plans 42 and specifications for these projects, assisting during construction with sequencing, scheduling and traffic detours. C. 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, Parking Operator 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 Parking Operator be required, pursuant to this paragraph, to pay commissions greater than those provided for hereunder. D. Redelivery of Facilities. Parking Operator 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 Parking Operator or City, reasonable use and wear thereof excepted. City shall have a specific lien on all property or Parking Operator in the facilities as security for payment for any sums due City hereunder. E. No Liens. Parking Operator shall pay for all labor done or material furnished in the repair, replacement, development or improvement of the facilities by Parking Operator,· and shall keep same and Parking Operator's interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Parking Operator's act or omission. F. 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 certified or registered mail and deposited in the United States mail, addressed to: 43 Director of Aviation Lubbock International Airport Rt. 3 Box 389 Lubbock, Texas 79403 and notices, consents and approval to Parking Operator addressed to: Mr. Chris J. Howley Executive Vice-President Republic Parking System Inc. Suite 2000, Republic Centre Chattanooga, TN 37450 G. 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. H. 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. I. 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. 44 J. Force Majeure. Neither City nor Parking Operator 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 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 Parking Operator to handle the Gross Receipts or to make money payments as required by this Contract, unless otherwise provided herein. K. Appropriation of Funds. In accordance with the City Charter, performance of the City's obligations under this Agreement is expressly subject to appropriation of funds by City Council. City may be subject to certain spending limitations that may impact this Agreement. Should adequate funds not be appropriated to permit the City to fulfill its obligations hereunder, the City shall advise the Parking Operator no later than thirty (30) days following City Councils approval of the annual appropriation ordinance by which such funds are not appropriated. L. 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 Parking Operator written notice in advance of the 45 execution of such agreements of any provisions which will modify the term of this Contract. M. Right of Flight. Parking Operator understands 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. N. Successors. This Contract shall bind and inure to the benefit of any successor of City and any successor, assignee, or sublessee of Parking Operator. 0. Attorney's Fees. In any action brought by City for the enforcement of the obligations of Parking Operator, City shall be entitled to recover interest and reasonable attorney's fees. P. 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. Q. Legal Relationships. It is understood and hereby agreed by the Parties that the Parking Operator 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. Parking Operator 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 46 Parking Operator, his agents, employees, or representatives, and Parking Operator shall hold the City harmless from any claims, losses, or damages resulting there from. R. 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. S. Entire Contract. This Contract 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 Parking Operator. Parking Operator 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 representati9n 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 Parking Operator unless in writing and signed by both parties. T. Shutdown of Service. 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 Parking Operator 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 Parking Operator's said inability shall last, and Parking Operator's Management Fee shall abate during such takeover by the City. 47 U. 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 29th day of JUNE, 2004. ATTEST: ~g •• ~ Re eccaGafia, City secretafY s W. Loomis, Director of Aviation PARKING OPERATOR: REPUBLIC PARKING SYSTEM, INC. By: t1t_/.~ ~ Title: C.x..c.ct.Jn1e Yiu R~c:i<Wl t: Linda Chamales, Supervising Attorney-Office Practice 48 EXHIBIT A EXHIBIT B EXHIBITC EXHIBIT C.1 EXHIBIT C.2 EXHIBIT D EXHIBIT E EXHIBIT F EXHIBITG EXHIBIT H EXHIBIT H.1 CONCESSION CONTRACT LIST OF EXHIBITS GENERAL DESCRIPTION GENERAL AIRPORT INFORMATION AIRPORT LAYOUT PARKING FACILITY LOCATION PARKING LOT DETAIL STANDARD OPERA TING PROCEDURES. (Separate Document) STAFFING SCHEDULE REVENUE CONTROL EQUIPMENT INVENTORY TICKET REDEMPTION AND ACCOUNTABILITY PLAN PROPOSAL (Separate Document) PROPOSAL SUBMITTAL FORM Resolution No. 2004-R0299 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. FACILITIES AND EQUIPMENT DESCRIPTION The parking facility consists of a surface lot, a parking garage, a toll plaza with four cashier 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 installed. Each cashier booth is individually heated and cooled. The surface lot has a total of approximately 847 parking spaces divided into separate long- term and short-term lots. The short-term lot has approximately 223 spaces, the long-term lot has approximately 498 spaces, and the employee parking area has approximately 126 spaces. The existing remote 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 317 covered spaces on the lower level, and approximately 320 uncovered spaces on the open upper deck. The system carries around 350 people daily between the garage and the terminal building. The Parking Operator 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 available to Parking Operator for overflow and oversize vehicle parking. The revenue control equipment was manufactured by Amano Cincinnati and has been in operation since December 1999. The system includes two walk-up pay stations which accept credit cards, cash, or payment from automated parking lot debit cards. There are approximately 177 parking lot debit cards in use. The system has proximity readers for the debit cards at each parking lot entrance and at two of the exits. 2 Resoluiton No. 2004-R0299 EXHIBIT B GENERAL AIRPORT INFORMATION The following information is provided to assist in preparing your proposal. The City assumes no responsibility for your use of this information and does not guarantee its accuracy. A. Passengers Year Enplanements Deplanements Total 1997 597,333 597, 116 1, 194,449 1998 574,780 576,757 1,151,537 1999 570,452 568,616 1, 139,068 2000 578,976 558,903 1, 137,879 2001 536,670 507,136 1,043,806 2002 513,096 505,136 1,018,232 2003 514,250 509,725 1,023,975 YTD thr Feb 2004 76,244 75,481 151,725 B. Gross Parking Revenues Year Gross Revenues 1997 869,822 June through December 1998 1,433,919 1999 1,417,369 2000 1,615,355 2001 1,511,225 2002 1,475,229 2003 1,362,975 2004 224,480 YTD through February Revenue Net 2002 Revenue Gross Revenue *Sales Tax of Sales Tax January 127,222 9,287 117,879 February 123,929 9,047 114,814 March 149,840 10,938 138,887 April 141,876 10,357 131,519 May 139,218 10, 163 129,055 June 140, 176 10,233 129,943 July 133,237 9,726 123,487 August 128,920 9,411 119,508 September 126,804 9,257 117,516 October 140,580 10,263 130,318 November 116,750 8,523 108, 186 December 123, 103 8,987 114,116 Total 1,591,654 1,475,229 1 2003 Revenue January February March April May June July August September October November December Total 2004 Revenue January February Gross Revenue 112,286 110,466 135,816 113,640 117,800 120,639 123,469 118,794 125,371 132,532 136,398 123,282 1,470,493 Gross Revenue 117,059 125,098 *Sales Tax 8,197 8,064 9,915 8,296 8,626 8,780 9,013 8,672 9,152 9,675 9,957 9,000 *Sales Tax 8,545 9,132 Revenue Net of Sales Tax 103,968 102,402 125,901 105,325 109, 174 111,895 114,389 110, 122 116,219 122,857 126,441 114,282 1,362,975 Revenue Net of Sales Tax 108,514 115,966 *Current sales tax rate is 7.875%. Rate is expected to increase to 8.25% in October 2004. C. Monthly Expenses with current Management Agreement June 2002 through February 2004 2002 June July August September October November December 2003 January February March April May June July August September October November December 2004 January February 20,683 34,858 53,628 34,505 30,836 37,489 28,863 42,231 29,622 32,013 37,864 37,894 34,634 37,800 41,054 32,294 . 35, 109 30,381 29,424 43,400 33,317 2 D. Current Parking Rates (rates were effective beginning July 17, 2003) Rate increases require Airport Board and City Council Approval. 0-15 mins Free 0-1 hrs $ 1.25 15 min-1 hr $ 1.25 1-2 hrs $ 2.25 1-2 hrs $ 3.50 2-3 hrs $ 2.75 2-3 hrs $ 5.00 3-4 hrs $ 3.50 3-4 hrs $ 6.75 4-5 hrs $ 4.00 4-5 hrs $ 8.00 Over 5 hrs $ 5.00 Over 5 hrs to to 24 hrs 24 hrs $ 9.75 Rates from November 17, 2001 -July 16, 2003 0-15 mins Free 0-1 hrs $ 1.25 15 min-1 hr $ 1.25 1-2 hrs $ 2.00 1-2 hrs $ 3.25 2-3 hrs $ 2.75 2-3 hrs $ 5.00 3-4 hrs $ 3.50 3-4 hrs $ 6.50 4-5 hrs $ 4.00 4-5 hrs $ 7.75 Over 5 hrs $ 4.75 Over 5 hrs to to 24 hrs 24 hrs $ 9.25 Rates Prior to November 17, 2001 0-15 mins Free 0-1 hrs $ 1.00 15 min-1 hr $ 1.00 1-2 hrs $ 1.75 1-2 hrs $ 2.75 2-3 hrs $ 2.25 2-3 hrs $ 4.00 3-4 hrs $ 2.75 3-4 hrs $ 5.50 4-5 hrs $ 3.25 4-5 hrs $ 6.50 Over 5 hrs $ 4.00 Over 5 hrs to to 24 hrs 24 hrs $ 7.75 E. Total Parking Spaces: approximately 1,484 Short Term: 223 Long Term: 498 Employee: 126 Lower Garage: 317 Upper Garage: 320 3 F. Airlines Serving Lubbock International Airport Current Contracts expire April 30, 2006. American Eagle Atlantic Southeast Airlines Continental Express Southwest Airlines G. Number of Pre-paid ParkSmart Cards issued are: approximately 177 Non-Revenue ParkSmart Cards are provided for the following: Airport Board Members -7 City Council Members -7 State & Federal Elected Officials -8 Airport Staff -4 H. List of Office Equipment (office located in Baggage Claim #2) 2 office chairs 2 four-drawer cabinets 2 working computers (2 hard drives, 2 monitors, 2 keyboards, and 1 printer) 1 obsolete computer 2 tables 1 desk 1 bookshelf 1 standard chair I. Example of Staffing Schedule. SUNDAY. MONDAY. & FRIDAY: 6 CASHIERS 12:00 am -8:00am 7:40 am -3:40 pm 8:00 am -4:00 pm 12:00 pm -8:00 pm 3:40 pm -11:40 pm TUESDAY. WEDNESDAY. THURSDAY. SATURDAY: 5 CASHIERS 12:00 am -8:00am 7:40 am -3:40 pm 8:00 am -4:00 pm 3:40 pm-11:40 pm 4:00 pm -12:00 am SUNDAY THROUGH SATURDAY: 4 SHUTTLE DRIVERS 2 Drivers: 4:00 am -1 :30 pm 2 Drivers: 1 :30 am -11 :00 pm *from 11 :00 pm -4:00 am: Cashier performs driving duties 4 Match Line -~--·1 r : 500 x 1750 : .----------:I 1000 X 2 RPZ ---n 1 Precl1lon ' ' I Reservoir GUava 250 x 1000 x 450 Vlaual RPZ \ ~ f I I \ < I I \ .... I I I \ ~ : 'f\'' I I I .. e ih :c ~ 0 0 I I I ,-----lj. --- ----~~~~N: I I I : .: r.-ll-1 LS Match Line [ 1000 x 2500 x 1750 Precision RPZ r--I ---i---1 I --..(_ • ---rrn1r ~ -==iFd M -, C __ _.__ __ . ' I ~:~~1111114 oJMALSRtdlllll'flilillifrrn~ TfT.iTi'iil-~-i -----T---. . """'-""" I 1 I L..---LEGEND: -~ -Property line RPZ Runway Protection Zone i ~ ~!! 0 1000 3200 ~--I ............ +--m-. m >< ::c ,-CJ:I --f 0 ~ en 0 8' rt 1-1• g g: N g ~ ~ N \C \C _J -r I LEGEND: 0 NAllONAL Cor Rentol ® HERTZ Cor Rental 0 BUDGET Cor Rentol @ AVIS Cor Rental ® ADVANTAGE Troller @ T£RMINAL BUILDING Troller © FAA TRACON/ ATCT Building/Tower ~ , 1 J_ I I I I I I I I l I I I I I .. I I l Ir I .. ~) m >< :::c -CD --t ("') 1· L.J 1:... +~TH-0 400 ... ~~ I 'I: x~ x ~ n ~ Cll 0 ~ I-'• g ~ • N 0 0 t ~ N \C \C J 11111111111111111111111 I I ... / _ _,""~ ({ . i!~"lllllZD"' · RENTAL CAR 'f !111111111111111111111111 ~ i 0 ll D ll 6!d~bY~6ill6!d~cbillcbillcb~ ~-ti 1c:LW-£a LONG-TERM 0 80' 16V' --------":=? SCALE: 1" =80' EXHIBIT C.2 Resolution No. 2004-R0295 1A 6>~~~4'-t ~C' TYPE OF PARKING SPACI RENTAL CAR 1 LONG-TERM 4 LONG-TERM HANDICAP PARKING GARAGE 3 PARKING GARAGE HANDICAP PARKING GARAGE ROOF 3 SHORT-TERM 2 SHORT-TERM HANDICAP EMPLOYEE PARKING 1 TOTAL SPACES 15 Resolution No. 2004-R0299 EXHIBIT D STANDARD OPERATING PROCEDURES (SOP) (Provided by Operator as a Separate Document) POSITION Facility Manager Assistant Manager Super./Lead Cashier Cashier Cashier Maintenance Shuttle Shuttle Average Day Weekly Schedule LUBBOCK INTERNATIONAL AIRPORT PARKING FACILITIES REPUBLIC PARKING SYSTEM Monday -Tuesday Wednesday Thursday Friday Saturday Sunday Total I 5 1 8am-~pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm off off 40 I 4pm-1am 4om-1am off off 4om-1am 4om-1am 4om-1am 40 I off I off 5pm-1am 5pm-1am 5pm-1am 9am-5pm 9am-5pm 40 I 7am-7am 7am-7am 7am-7am 7am-7am 7am-7am 7am-7am 7am-7am 168 ! \ 11am-12am 11am-12am 9am-5om 9am-5pm 9am-5pm 5pm-11pm 5pm-12am 63 I t 6am-1pm 6am-1pm 6am-1pm 6am-1pm 6am-1pm off off 40 I I 7am-1am 7am-1am 7am-1am 7am-1am 7am-1am 7am-1am 7am-1am 126 ! I 6am-12am 6am-12am 6am-12am 6am-12am 6am-12am 9am-12am 9am-12am 120 Weekly Total 637 m >< :c -aJ --I m ~ en 0 ~ 1-1• § ~ ' . N 0 t 0 N \C "° Resolution No. 2004-R0299 EXHIBIT F REVENUE CONTROL EQUIPMENT INVENTORY AMANO CINCINNATI PARKING EQUIPMENT INVENTORY ENTRY LANES (8) 8 -Mag-Stripe Ticket Dispensers 8 -Debit Card Readers 8 -Intercoms (re-used) 8 -Loop Detectors EXIT LANES (5) 3-Fee Computers 3 -Fee Displays 3 -Mag-Validators 2 -Unattended Lane Exit Validators 3 -Intercoms (re-used) 2 -automatic Exit Gates with Loop Detectors TERMINAL 2 -Pay-on-Foot Stations w/ credit card 2 -Intercoms (re-used) SOFTWARE Revenue Ticket Tracking Access Count All of the above equipment must meet the attached specification. Resolution No. 2004-R0299 EXHIBIT G TICKET ACCOUNTABILITY Ticket accountability is imperative to tight revenue control. Regardless of the complexity and depth of the revenue control system in place, if there are not non- resettable counters attached to each exit gate loop then there is not true revenue control. The $35.00 non-resettable counter will be placed on each exit lane. At the beginning of each day and at the end of each day the non-resettable counter number is registered and used in conjunction with the· ticket count data to verify that all issued tickets are processed and accounted for. Contingencies are made for lost tickets through the processing of lost ticket forms and all counts should balance with transactions, tickets, revenue, inventory and non-resettable counter figures. Balancing all of these items is the only way to verify true revenue control accountability. The information for these functions are gathered and compiled on site by the manager and submitted daily to the home office where an independent bookkeeper verifies their accuracy. This additional step prevents on-site, spot and colluded thefts. This additional step is the reason that Republic Parking System is the only major parking company in the country who has never had a major theft from an operation. This process allows for the total accountability of tickets, vehicles, transactions and revenue resulting in accurate ticket counts that are listed on each monthly financial statement submitted to the airport. EXHIBIT H.1 Resolution No. 2004-R0299 =======================Lubbock International Airport 2. Management Contract. The annual fee to be paid to the operator for the management contract. Include a fiscal year budget for expenses for the initial five (5) year term, with itemized justification. See attached management fee form. Budget ~ ~ Year3 Year4 Years Revenue: Long Term $1,544,018 $1,574,898 $1,606,396 $1,638,524 $1,671,295 Sales Tax $ (127,381) $ {129,929) $ (132,528) $ (135,178) $ (137,882) Total Revenue $1,416,637 $1,444,969 $1,473,869 $1,503,346 $1,533,413 Expenses: Personnel Manager $ 35,000 $ 35,700 $ 36,414 $ 37,142 $ 37,885 Assistant Manager $ 20,000 $ 20,400 $ 20,808 $ 21,224 $ 21,649 Supervisor $ 14,560 $ 14,851 $ 15,148 $ 15,451 $ 15,760 Cashiers $ 72,072 $ 73,513 $ 74,984 $ 76,483 $ 78,013 Drivers $ 104,832 $ 106,929 $ 109,067 $ 111,249 $ 113,474 Maintenance $ 12,480 $ 12,730 $ 12,984 $ 13,244 $ 13,509 Overtime (3%) $ 7,768 $ 7,924 $ 8,082 $ 8,244 $ 8,409 Subtotal Wages $ 266,712 $ 272,047 $ 277,487 $ 283,037 $ 288,698 Payroll Expenses Payroll Taxes $ 29,338 $ 27,205 $ 27,749 $ 28,304 $ 28,870 Workers Comp. (8.89%) $ 23,711 $ 24,185 $ 24,669 $ 25,162 $ 25,665 401 K $ $ $ $ $ Subtotal P/R Expense $ 53,049 $ 51,390 $ 52,417 $ 53,466 $ 54,535 Total Wages & Benefits $ 319,761 $ 323,436 $ 329,905 $ 336,503 $ 343,233 Other Expenses: Uniforms $ 5,000 $ 2,500 $ 2,550 $ 2,601 $ 2,653 Telephone $ 2,400 $ 2,448 $ 2,497 $ 2,547 $ 2,598 General Supplies $ 6,000 $ 6,120 $ 6,242 $ 6,367 $ 6,495 Tici<et Expense $ 5,000 $ 5,100 $ 5,202 $ 5,306 $ 5,412 Office Supplies $ 2,400 $ 2,448 $ 2,497 $ 2,547 $ 2,598 R&M -Land & Building $ 6,000 $ 6,120 $ 6,242 $ 6,367 $ 6,495 R&M -Vehicles $ 8,000 $ 8,160 $ 8,323 $ 8,490 $ 8,659 R&M -Revenue Control $ 12,000 $ 12,240 $ 12,485 $ 12,734 $ 12,989 Towing $ 600 $ 612 $ 624 $ 637 $ 649 Snow Removal $ 1,200 $ 1,224 $ 1,248 $ 1,273 $ 1,299 Fuel $ 14,000 $ 14,280 $ 14,566 $ 14,857 $ 15,154 Trash Collection $ 1,080 $ 1,080 $ 1,080 $ 1,080 $ 1,080 License & Fees $ 1,200 $ 1,224 $ 1,248 $ 1,273 $ 1,299 Shuttle Service $ 24,000 $ 24,000 $ 24,000 $ 24,000 $ 24,000 Recruiting & Testing $ 1,200 $ 1,224 $ 1,248 $ 1,273 $ 1,299 Credit Card Discount Fee $ 14,000 $ 14,280 $ 14,566 $ 14,857 $ 15,154 Capital Equipment $ $ $ $ $ Postage & Freight $ 900 $ 918 $ 936 $ 955 $ 974 Armored Car $ 8,000 $ 8,160 $ 8,323 $ 8,490 $ 8,659 Misc. Expense $ 2,400 $ 2,448 $ 2,497 $ 2,547 $ 2,598 Total Capital Expenses $ 115,380 $ 114,586 $ 116,376 $ 118,202 $ 120,064 Total of Parking Expenses $ 435,141 $ 438,022 $ 446,281 $ 454,705 $ 463,298 REPUBL~ PARKING •YS?O PROPOSAL SUBMITTAL FORM (cont.) 8. MANAGEMENT CONTRACT OF AUTOMOBILE PARKING AT LUBBOCK INTERNATIONAL AIRPORT The undersigned, having examined the Request for Proposals #042-04/RS and the attached Automobile Parking information and all related documents for the operation of the Automobile Parking Lot described herein and having become familiar with its requirements and procedures, hereby submits to the City of Lubbock a fiscal year budget· for each fiscal year of the term based on their specific knowledge and experience of the expenses incurred in the management of similar parking facility as described_ Please submit your proposal amount for each year of the initial five (5) year term, with itemized justification. Note the lowest cost budget will not necessarily be considered the best. The following would be reimbursable expenses within a management contract: 1. Wages of on-site employees 2. Employee payroll taxes and benefit costs 3. Uniforms and badges 4. Cleaning and janitorial supplies 5. Supplies and small tools 6. Ticket expense 7. Stationary and office supplies 8. Signage 9. Repair/Maintenance of Land fi Buildings 10. Repair/Maintenance of Vehicles 11. Repair/Maintenance of Revenue Control System 12. Towing 13. Snow Removal 14. Gas and Oil 15. Licenses and fees 16. Shuttle Service 17. Employee Recruiting expenses 18. Credit Card discounts 19. Capital equipment 20. Other expenses approved by the Airport (in advance) Fee Proposal -Include with your submission, a firm proposal for the annual management fee. Write out in words and numbers, one proposal amount for -each year of the initial five (5) year term. Year 1 EIGHTY EIGHT THOUSAND FOUR HUNDRED FORTY SIX DOLLARS $._8_8_,.,_44_6 _____ _ Year 2 NIJINETY ONE THOUSAND NINETY NINE DOLLARS $_;9;;;....;;l;...,.,~09;;..;;;9;....._ ___ _ Year3 NINETY THREE THOUSAND EIGHT HUNDRED THIRTY TWO DOLLA~_S_9_3_,8....,..3_2 ___ _ Year4 NINETY SIX THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS $__,9.....,,6'""' ...... 64.._.7---'---- Year 5 NINETY NINE THOUSAND FIVE HUNDRED FORTY SEVEN DOllA~----·-_--9_~..;_-5 __ 4_J __ . --·-----------·------..