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HomeMy WebLinkAbout _ 4.2(b)--Award Request for Bid Proposal No. 5598 GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: September 2,2025 FROM: Steve Bade, Assistant City ITEM NO. 4.2(b) Manager ***APPROVED BY*** � . , � �.._ s.N,.�� � � �,�� t��,re a �; s � �i- �/?41242� i�}�in,Ci au � �I2G/242� sbade@cityofredding.org btippin@cityofredding.org SUBJECT: 4.2(b)--Award Request for Proposal No. 5598 and Approve the Concession Agreement for O eration of the Public Parkin Facility at Reddin Regional Airport Recommendation Authorize and approve the following for Request for Proposal No. 5598, Providing Concession to Operate the Public Parking Facility at Redding Regional Airport for the City of Redding: (1) Award to LAZ Parking California, LLC; (2) Authorize the City Manager, or designee, to sign and execute the Concession Agreement for operation of the passenger terminal public parking facilities at the Redding Regional Airport; and (3) Find that the action is categorically exempt from review under the California Environmental Quality Act,pursuant to Section 15301 —Existing Facilities. Fiscal Impact The Concession Agreement for Operation of the Public Parking Facilities at the Regional Airport (Agreement) is estimated to bring $543,900 of revenue to the City of Redding (City) Airports Division as a result of modifications of the concession structure from the prior parking concession agreement and due to an increase in the passenger parking fee at Redding Regional Airport (RDD)parking facilities. Alternative Actzon City Council (Council) may choose not to award the request for proposal (RFP) or approve the agreement and instead provide alternative direction to staff for managing the public parking concession at RDD. In th� interim, RDD will go without a parking concessionaire and wi11 be unable to collect parking concession revenue. Report to Redding City Council August26,2025 Re: 4.2(b)--Award Rec�uest for Bid Proposal No. 5598 Page 2 Background/Analysis In 2013, Council approved the transition away from a fixed-fee parking management model to a concession management agreement based on a percentage of gross receipts. This model was very prevalent throughout the airport parking concession industry and remains the preferred model today. At that tiine, the concession was awarded to Republic Parking Systems (Republic Parking). The term consisted of one base term of five years, with an option term of an additional five years. Since October 2023, the City and Republic Parking have been operating on a month- tamonth contract. Under the current contract with Republic Parking, customers have the option to pre-pay in advance using a credit or debit card using one of two parking pay stations located at the airport terminal departure entrance; provide payment through an online parking app by scanning a QR code; or, choose not to pre-pay and receive a parking IOU citation on their windshield by a Republic Parking employee. RDD's current parking system is functional, but antiquated. Combine these factors with Republic Parking staffing gaps create an inefficient parking system that is losing revenue for RDD. Airports Division staff believes with the evolving technologies within the airport parking management industry and the need for additional RDD revenues, it is time for a new parking management system. The introduction of License Plate Recognition (LPR) systems have become very popular with the public today. LPR technology ensures compliance and minimal loss of revenues. LPR employs a proactive enforcement model supported by both technology and operational procedures. LPR cameras are affixed strategically throughout the parking lot to capture license plates at entrances and exits of vehicles. LPR is more than just video surveillance, it includes: � Regular audits to detect non-payment or overstays; � Violation/Notices are issued to vehicles that fail to pay with clear instructions on how to resolve outstanding balances; • Integrated enforcement software tracks violations, sends reminders, and supports escalated collections; � Follow-up collection procedures may include mailed invoices and late fees; and � An appeals process is provided to ensure fairness and allow customers to contest citations or errors. As a result of further LPR technology research, staff decided to undergo an RFP process to maintain the current gate-less and cashier-less model with incorporation of this LPR system. The competitive bid process resulted in four national airport parking companies responding to the RFP. An ad-hoc technical advisory committee consisting of representatives from the City's Airports Division and Public Works Department evaluated the proposals and scored each submission independently. Based on the aggregated results, the highest scoring company, LAZ Parking California, LLC (LAZ Parking), was selected as the preferred choice. LAZ Parking also has parking concessionaire contracts at Humboldt County Airport (ACV), Medford, Oregon (MFR) and many other airport locations across the country. This incentivizes RDD, as regional managers and other resources are nearby. LAZ Parking will offer a variety of convenient, secure payment options to meet customer needs and streamline operations such as: Report to Redding City Council August26,2025 Re: 4.2(b)--Award Rec�uest for Bid Proposal No. 5598 Page 3 � Credit & Debit Cards (Visa, MasterCard, Amex, Discover); • Mobile Payment Platforms (Apple Pay, Google Pay, Samsung Pay); � Online Payments via portal app or mobile app; • Prepaid Reservations through integrated systems; and • Contactless Entry/Exit with the overall LPR experience. The agreement is for five years with a five-year option term. Pursuant to the agreement's Exhibit C, LAZ Parking wi11 furnish, install and commission the parking revenue-control improvements, hardware and software in the amount of$86,325. LAZ Parking will absorb these infrastructure capital costs during the first term of the agreement using an amortization program described in the agreement's Exhibit D. If LAZ Parking, during the initial term, is unable to operate the parking facility through no fault of its own, the Airports Division would pay LAZ Parking a pro-rated share of the cost of the improvement project. The following agreed upon percentage ranges are as follows: ��� �r�� Gross Recei�ts Ran�e � Concession Percenta�e Ran�e � � � Up to $150,000.00 ; 58% � 9 ... ... . ......... v .. ... { Between $150,000.00 and $300,000.00 69/o .... u�w.��°�.�����.� ���wwwwwwwwwwwwwwwwwwwwwwwwwwwwww _��������������a � Between $300,000.00 and$450,000.00 � 78% i f Between $450,000.00 and $600,000.00 ; 89°� j { Above $600,000.00 ___ � 91% a.�..ew ��������������������a �e� .�����e.u���.�_��m.e�.._�������..u�.........v..v.......�ro�_����� ��m In addition to the increased parking fees adopted within the Master Fee schedule, RDD is expected to see an increase of$140,000 year over year when compared to the most recent fiscal year figure. Envir�onmental Review Staff has reviewed the action and determined that it is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 — Existing Facilities. Class 1 exemptions include the permitting, leasing, and operation of public ar private structures, facilities, mechanical equipment, or topographical features that involve negligible or no expansion of existing or former use. The action wi11 not result in expansion of use, as public parking is currently allowed, and managed, at the Redding Regional Airport. This action has no potential to have a significant effect on the environment. Council Pr�iority/City Manager Goals • Budget and Financial Management — "Achieve balanced and stable 10-year Financial Plans for all funds." Attachments NOE RDD Concession Agreement LAZ Parking Concession Agreement for Operation of the Public Parking Facilities at RDD 'I'I�E �F XE PTIOl�I To: � (�ffice of 1'lanning and Research F1to1V1. City af Redding 1400 Tenth Street� Room 121 Public Works L?epart�ne�zt Sacramento; CA 95814 777 Cypress Ave�iue Redding;CA 96001 Lx`l Shasta County Clerk Coc�nty of Shasta P.O.Box 990880, 1643 Market Street Reddin�, CA 9b099-Q8$0 Project Title: Reddin�Re�;ional Air-port Concessian Ag�reement with LAZ Parkin�Califorilia LLC Proj�ct Location—�pecific: 6751 Woodrum Circle Project Lacation--�City: Reddii�Q Project Loc�tian—Couniy: Shasta Uescriptaon of Froject: The Reddin� fte;�ional Airpc�rt will execute a Co�icession A�reement (Agreement} with LAZ Parkin� California, LLC. for mana�ement af�public parking,at tihe Airport: The term of the agreement is five (5) ears with one(1)optiorial �ve(5)vear extensic�n. l�t�me of Public r�gency�ippraving Project: City of Reddin� l�tarme of Person ar Agency Carrying C�ut Prvject; Andv Solsvi ,Ail-ports Mana�er Ex�mpt Status; (check one) ❑ Ministerial [Sectzon 21080(b}(1); 15268] ❑ I�eclared Emergency [Section 21080(b)(3), 15269(a)] ❑ Emergency Project [Seetion 2108(?(b)(4); 15269(b)] C) Statutory Exemptions. State code number: l� Comrrt�rl Sense Exeinption{This project does not fall within an exempt class,but it can be seen with certainty that there is no,possibility that:the activily may have a significant effect on the envirc,nment(14 CCR 15601[b)[3]): � Categorical Exemption, State type and section number: Sec. 15301, Existing Facilities � No except�ons apply that would bar the use of a categorical exemption(PRD 21084 atld 14 CCR 1530d.2). Reaso�s why project is exempt: Glass l exemptions include the permittin�, leasing, and oper�tion of�ublic or private structures, facilities, mechanical ec�uiprnent, or topa�raphical features that involve lie�li�ible t�r na expansion of existing or former use. The actian will not result in expansian of use as public parkin�is currently allowed and malla�ed at the Redding Re�;ional Air�art. Tlzis action l�as no potential to have a si�nificant effect on the environment Lead fig�ncy Contact Person: ATnber Keiley Telephane� 530.225.4046 If Filed by Applicanf. 1, Attach certified dacurnent af exemptian finding. 2. Has a notice af exernption bean frled by the public ageilcy appi•oving tl�e prr�ject? a Yes o Nn � Signature: ���~.� �. �' � 1�ate; ��'��,� Title: Environmental Com lianc ana er d Signed by Lead Agency Date received for filing at OPR; ❑ Signed by Applicant C S , EE EN ' F E TI �F T�-I� PIT�LI+C PA��IN� �'.��I�ITIE� E R�I�I�II�T� �E�I�l�TAi.r AITg�'�(J12T THIS AGREEMENT is �nade by and betweell tl�e City of Redding, a Municipal Corporation {hereinaftet� referred to as City), and L�Z Parking California, LLC, (liereinafter referred to as Contractor). A. The City owns and operates the Redding Regional Airpart{Ai�-port) located in Redding; California. B. The City has deterinined it is necessary in the promotion and accommodation of air commerce and air tcansportation that adequate, economical, safe, clean, and efficiently operated automabile parking facilities be maintained for the bene�t of air travelei•s and others. C. The City has salicited and received praposals for tlie right to operate the public parking facilities (I'arking Facilities) for the City of Redding, ai7d it is in the City`s best interest that aperatian through a qualified and experienced firm be provided: G: City and Contractor liave agreed upon the terms and eonditions under which Cantractor shall manage and operate the A`i�•port public parking facilities for Ciky as specified herein. 1. AGREEMENT�'OR PARKIN�F�CILITIES. A. Ci1y hereby grants tc�Contracfor,subject to all the terms, covenants,and conditions of this Agreement, the right to aperate the paid public parking concessian: Contractor agre�s to exercise all good faith efforts and to continuously pei•form the specified services and duties in an efficient and professional manner: The paid paz�king concession shall extend to and be exercised only witl�in thase designated ar•eas adjaceilt to the terminal building, hereafter known as the Parking Facilities; as indicated on Exhibit A & B, attached hereto and incorporated by reference herein. Enlargeinents or expansions to the parking area that are necessai�y to meet the demands of the air traveling pubiic at the Airport, beyond those shown or� Exhibit A & B, as may llereafter be made, shall be subject to uses, clial�ges, fees and conditions as con#ained in this Agreement. Conressia�x Agreement;for Dperatzct�� of Fa��ilic Pnrkin�-Fc�crlities B. Contractor accepts the Farkiilg Facilities "as is" and as being in good, safe and sanitar•y candition satisfactory for Contractor's use.,Contractor acknowledges tlaat no represei�tatian or warranty has been made by City cc�r�cerning the natui•e;quality or suitability of t11e Parking Facilities or tlle Airport for Contractor's b�.rsiness and Contractor acknawledges that it shall have 17o rights against City by reasc�n of sucl� matters of any clairned deficiencies tl�e1°ein. C. Contractor's performance under this agreement is a service to air travelers and other users of the Ail�pot-�. Accordingly, Contractor covenants and agrees that it will conduct its operafian in a fii•st-class, businesslike, caurteous, safe, efficient; and accomrnodatil�g rnanner. D. Conta:actor shall not engage in, nor pe�-mit any of its emplayees ar its agents to be enga�ed in, any other activities at tl�e Ai��port beyoi�d those specifed in this Agreement without the prior wriiten consent of the City. E. Nothing contained in this Agreement shall be constr«ed as el�titlil7g Cantractor to tlie exclitsive use c�f any serviees, facilities, or property rigl�ts of any nature at tlie Airport, except the use of the Parking Facilities as autlined in Exhibit � for the pur-pose and approved use set forth in this Agreement. F, It is acknc�wledged and stipulated by the parties hereto that this Agreement is not a lease� is not intended ta be a lease; and that no pQrtion c�f the Parking Facilities awned by the City aff•e let t�r demised to Contractor by vii�ttre of this Agreemeiit. G, Cantractor shall furnish all forms, tickets; decals, eiavelopes, unifarms, and tools to be�tsed f�r the operation oftlie Parl�ing Facilities;as well as all office equipment, furniture,materials, and s�ipplies needed for the efficiel�t operatxon af its business. H. Contractor is requireti to purchase and maintain a City of Redding Business License during tl�e term of thisAgreenlent. 2. TERM�F A�REEMENT. A. The ter�n c�f this Agreement is for five (5) years, cornmencing at 1�:00 AM, on October lst, 2025, and sllall, unless sooner terminated under the provisians af this Agreement,terminate at 11:59 PM. an September 30t�',2030: B, City has the right, in its sole discretion, to extend t��e terrn for five (5) years, eammencing at 12:00 A.M. on Octaber 15;2030,through 11:59 PM. on September 30t'';2035 City shall provide Contractor with no less than one hundred eighty{180) days' prior written notice of its intention to exercise its option. C. The City and tlae Contractor may by mutiaal agreernent hold the Agreement aver an a month-ta-mt�nth basis. Pca�e 2 ConcessianA,greeyraee�t for Opernti�n af Public Parking-Facitities 3, PERMIT FOR CO1Vi1VIERCIAL ACTIVITIE5. This Agreernent shal}also constitute a Permit for Commercial Activities(Permit), and the terms he��eof shall constitute the tet•ms for a permit for commercial activities requii•ed by Redding Municipal Code Section 3.08.030. The City Council of the City has determit�ed that these commercial activities a1�e cornpatible with the use of the Airpart, and that the best interests of the pubtic and the City of Redding will be served by approvat of such coinmercial activities. A ba-each or default inthe terms of this Agieement;shall constitute a breach of the Pei•mit. 4. P�I2 N�RE�ENUE AI�TD I+'EE"S. A. Coi1#ractor shall be entitled to collect and receive any and a11 parkiizg receipts from the Parking Facilities as defined in Section 4.B. Wit11 regard to any atl�er service rendered by the Gontractor for wh'rch a fee may be charged� the service to be performed and the eharge to be made accordingly shali be fii-st approved in writing by the City. B. Gr•oss receipts shall include any and all parking fees a1�d charges collected from customers of the Parking Facilities, less any taxes; State of California Depat�tment of Motar Vehicies processing fees, credit card discount fees, and phone app fees; Citation Collectic�ns, if a�plicable. Gross receipts shall include, but are r�ot limited to, (1) late payment pi-ocessing fees, {2) rates and fees charged ta vehicles towed frorn the�acilities and(3)air crew parking fees if the Airport's Air Crew Emplayee Parking program'is aperated by Contractar.Contractor shall be permitted to callect parking fees at7d chat:ges at the rate then established by the Gity for the period a towed vehicle was pai•ked in the parking facility. C. If parkiilg rates and fees are reduced by the City, Contractor and the City agree to negotiate in good faith the pet•centage af gross receipts due to the City. 5. FEES AND PAYM�NTS. A. Contractor agrees to pay to the City the following percentage af the annual gross receipts as negotiated during the contract award defined in Section 4.B,as follows: ��e.. _.� .w ,.. ,,...� . ..�r�.��.�. ,v� . .._ .ny_.. .�. ....._ .b. m„_.,rN �.. .�..�. �m n.,.. �. ,.,. ...� .�.� �Gross Recei ts Ran e Concession Percenta e Ran e U�...t°_$15t�,000.�00. .._ .. ` 5$% ; ..._� . . . ..w a.._ __-_ __.n _ . .__... _.� , .a_mr., ..�.__.,,.. � ...., ; k�etween �150,UOO.OQ and�300,000.00 ; 69°/a� � _�_,... _ _��_�,__ ���_ _.��..._a ._ �a , � ___�__�__�_.�m �_____ .__ __..� .__�� �.n�__ , . ��tween $3Q0,000.00 and�450,0OO.OU 7$% � �.. �A�.a�� .. w �. . �.��e �_.,.�, �m�m.e.� � w.. a..�, �._��nw. ..a �,� .� �..�,�..,�. ._..._, �_�..n � Between�4Sfl,000 00�and�60Q,000 4fl i e �9%. ._� ._�U 3 __.�.�w�a._�n� ..� �� F�..,.w.awe.�. �n �..r __�m�_..�.m..e _ _s �_._m,_ .� � Above�640,000 00 91°l0 Page 3 �oncessaon Agreement for Operataon of I'r�b{ic F�rking-Facilities B, Contractor shall pay to City in advance; witllout deduction, set off;prioi-notice,or demarld, on or before the twentieth day of each and every month, the percentage of gross receipts a�eceived during tile previous month. C. Any additional revenue due ta the City as a result of the appiication af the percentage of annual gross receipts, as stateci in Section S.A. shall be paid within thirty (30) calendar days follawing the end of each one-year period, c�r not later than September 30 of each year. D. If Contractor is owed mo�ey at the end of each one-yea�-contract period due ta the ovei paymei�t of monthly grass receipts,the amount due Contractor will ba credited ta next montl�'s paym�nt ta the City. If, at the end of the term, overpayment af monthly g7•oss receipts is due to the Ccrntractor, City will pay �antractor within forty-fve{45}calenda��days ofreceipt af suchilotice: E. Each monthly payment specified in this section shall be submitted with a Monthly Certified Activity Report and the annual payment shall be submitted with 'the Annual Cei•tified Activity Report.The farm used for the Cer•tified Activity Reports will be mutLaally agreed upon by Gity and Contractor. Each statement shall be signed and certified to be carrect by Contractor or its authorized representative. The receipt by the City of any statement ar any paymeilt of percentage of Grass Receipts shall not bind the City as to the correctness of the statement or payment. F. All payments due under-this Agreement shall be paid to City, addressed ta the Gity Treasurer, at 7'77 Cypress Avenue, Redding, California 96001, or any other place or places that City may designate by written notice to Contractor. Payrnents not paid when due and/or not submitted with the appropriate Certified Activity Report are subjecf to late fees and penalty clxarges as sh�wn itl the City's then current Sct�edule of Fees and Charges. G: The pai�ties recognize that there may be future increases fram time to time d�.�ring the term of this Agreement in local, state, and federal minimum wages or other governmental mandated ben�fts far Cantractor's emplayees that are impased upon Contractor by such governmental entities. The parties agree that the per�centage of grass receipts payable to City establislled her�ein has been�Yegotiated between the parties •based upon governmental statutes, laws and regulations (collect'rvely "Governrnental Laws") existing as of the date hereof: In the event that Governmental Laws enacted presently or in the future mandate an increase in minimLrm wages or other benefits, or if Contractor is required by Governmental Laws enacted presently or in the future ta pravide additional employee benefits; the percentage af gross receipts payable hereunder to the City shall be negatiated (by either a reduction in the percentage af grass receipts due to the City or an increase in parking rates) to fully compensate Contractar for the added expense incurred by Contractor that are required to be paid to or for the benefit of its employees or any gaverilmental entity: Contractor agrees to pravi�le Fage 4 Cancessron Agreenzent for Oper�ctiotz of Public I'�rking-Fr�cilaties to Ciry financial statements,i•ecords and other documents deemed necessary by tl�►e Airports Manager as evidence of the amount that Contractar's costs l�ave �inct�eased. 1. The parties agree to renegotiate in g€�od faitl� the percentage of gi�oss receipts due to City sh�auld there be a subsequent decrease in lacal, state, and federal minimurn wages or other gover•ri�nental inandated benefits far Contractor's employees as speci�ied in Section S.G. 6. MAINTENAN�E t�F RECORI�S. A. Contractor shall keep and maintain at its expense separate and independent records iia a sepat�ate set af baoks devoted exclusively to its opei•ations at the Airport. The boc�ks shall be maintained in accordance with generally accepted accotmting principies ar�d shall contain complete; true; and accurate accounts and reec�rds related to the perfarmance of this Agreement. Witl�in sixty (60)days of tlie end of the term, tlle b�oks a11d recor�ds of the operation for the prio�• fout (4} years shall be turned aver tio the City by theContractor: B: All such books and records sllall be available foi•examination l�y City; State, and federal authorities entitled to inspect or exarni�ze such recards. Upon the City's request, Contractor sha11 make available wittlin twenty-four(24}hours at the City of Redding for inspection any and all books,records and accaunts pertaining to its operatior�and shall cooperate fully witlZ the City in making the inspection. The City, ar its designee, s�lall have tlle right to inspect suchrecords cluring ordinary business hours: Cor�tractor shall keep and maintain i•ecords which will enable the City to ascertain, determine and audit, if scr desired by City, clearly and accurately; the revenue received by Contractor and that the form ar�d rnethod r�f Contractor's reporting afrevenue shall be adeq�aate to pr�ovide a cantrol and test check c�f all revenues derived by Goi7tractor under this Agreement. C. The City shall be entitled during the terrn of this Agreement acld within foar (4) years after the expiration or termination c�f tl�is Agreenlent to inspect and examine Contractor's boaks of aceot�nt;records, cash receipts, and othel•pertin�nt data, so the City can ascertain and/or verify Contractar's gross receipts. Tlle City shall alsc� be e�7titled, once during each year af this Agreeme�lt and ance after the expiration ar ter•mination of this Agreement,to an independent audit of Contractar's books af account,records, cash receipts, and ather pertinent data to detel•mine and/ar verify Contractor's gross receipts by a certified public accauntant to be designated by the City. The audit shall be 1'rmited to a deterrnination c�f Contractor's gross receipts and shall be conducted during reguiar business hours. �. If the audit shows that there is a deficiency in the payment af any percentage of gi•oss receipts paid to the City, the deficiency shall became immediately due and payable. The costs af the audit sha11 be paid by the City unless the audit shows Pnge 5 �orzcession Agreement for Opertatron of Public Fcrrking-Fczcilities that Contractor understated the gross i�eceipts by two percent(2%0) or more, in wlzich case, Contractoi�shall pay all of City's costs for the audit. '7. P�RFORIYIAN�E B4�ND. A. Contractoz will past witli the Redding City Clerk a bond or a letter of credit in favor ofthe City in the amaunt of One H�ndred and Thirty Thousalxd Dollars($130,000) to assure payment under tl�e terms of this Agreement: For t��e purpose of this Agt�eement, this is canstr-ued to mean a negotiable instrument issued by a National ar State il�sttrance company or bank doing business within tl�e State of California in a form acceptabie to the City. Cancellation of tlle band or letter of eredit far wl�atever�reason shall forthwith termitiate this Agreement. B. In lieu of the bond or lettei-of credit; the City will accep#a Cei•tificate of Deposit (CD) rnade out to the City. Such GI7 shall pravide for the City's absalute right to attach to the CL) at any time during tihe Agreement term in an amatrnt up to and iz3cluding One Hundred and Thirty Thousand Dollars ($130,0(�0) and shall effectuate the City's ability ta do same. Any CD cantemplated by Contractflr with respect to this Agreement must be received ar�d deemed acceptable by the City Attarney of the City. C. Col�tractc�r shall znaintain an�i renew the bond, letter of ci•edit oi• CD as necessary ta remain in force tlYroughout t��e term of tl�is Agreement; or any extension tl7ereof, and up to one hi�ndred eighty(1$0) calendar days,or until et��npletion af'the final audit, after the expiration o1• termii�atiori of this Agreement. The band, letter of credit or CD may be caile� by the�ity upon expiration of tlairiy{30)calendar days after any fee required to be paid under thisAgreement becomes due�nd payabie. D: At tl�e sole discretioii of the City, a claim inay be made by the City agai�ist the bond, lettea-of credit, or CD in the event of one of the ft�llowing; l. Failui-e on t11e part of Contractor to make timeiy payment of any amounf due the City under theterms and conditions of this Agreement; 2. Any damage to or loss af Airport pi�,operty or claims made by third parties for lass of property and or bodily injury caused by Conti�actor, its afficers; employees, agents, and invitees, or Contractor's activities pursuant to this Agreemeizt; 3. Failure td pay utility and other charges, if any; 4. Removal and storage expenses incurred by the City if Contractor does not promptly remove Contractor's pr�operty from the Parking Facilities within thirty{30) days after this A,�:reement expires or is terminated; Page 6 Co,zcession Agreeme�t for�pe�°rrtian of Publac Pnrking-Facilitxes 5. Cos#s incurred l�y the City at tlie tirne this Ag�•eement is terininated if Contractor fails to lea�e the Parking Facilities in satisfaetory condition; or 6, PayrnenYoflic�uidateddainages. E. A claim made by the City against tihe l�ond, leiter of credit, ola CD shall not cut-e the default by Contractor. However, at the City's sole discretion, if the City elects to make a claim against the bond, letter of credit, or CD; the City may, in writing; expressly waive the default by Contractor. If the City makes a clainl against the bc�ild, letter af credit, or CI� and elects to waive the default by Contract�r; Contractar sllall restore tl�e band, letter of credit,or CD to tlie full amount of�ne Hundred and Thirty Thousand Uollars($130;0�0}within�fteen(15)calendar days of tihe�ity"s w�•itten waiver afthe defauit. Goiltractar's failure to x�estore the boiid� letter of credit, or CD as provided in this sectian shall constitute a sepa�•ate default of tl�is Agreement. $. P�CT+SSESSC1R�i' INTEI2E�T TAX. Pursuant to Reveilue a11d Taxation Cflde §107.6, Gontracto�� is advised that this Agreernent may create a pt�ssessory interest under Section 107 af the California Revenue and Taxatian Cade. Contractor agrees to pay such tax if and whe�� it is due. Contractor shall provide proof af such payment upon demand by the City. Possessory interest tax sl�all be deducted fi•om revenc�e prlor•to deternlining fees to be paid the City iander Section 5. 9. F�R�ING TES, F�ES,V�UCHERS AND VALIDATIOI�TS. A. The Airpo�t parking rates and fees are subject to approval by ti3e City Councit of the City of I�edding and are included on tl�e City of Redding Schedule ofFees and Service Charges, as it may be amended fram time to time: �ontractor may review the rates and fees from ti��e-to-tirne and forward ta t11e Airports Manager recornme��ded changes to ti�e fee schedule. �. Taxes levied on gross receipts� if any;shall 6e paid by Contractar. Taxes levied on Gross Receipts shall not be construed as a part af Grass Receipts for the purposes of determining the fees to be paid to the City under Section 5. C. The Airport shall review and authorize the applicatians for active air crew members to participate in the Air Crew �'arking Pt�ogram and refer air crew parking appli�ants to Contractor for payment. Contractor shall provide identification; i.e., hang tag or decal,for each vehicle authorized to pai•k in the Parking Facilities under an app�•oved program. The air crew parking rates are lncluded on the City af Redding Schedule of Fees and Service Charges, as it may be amanded from time to time; D, City employees and officials,Airport terminal tenants and their emplayees,includinb Contractor and their employees shail park within the ernployee parking areas designated by the Airparts Manager. The Parking Facilities may be Page 7 Concession Agreement for Operrrtivn of Pu6lic�''arking-Facilities d�signated far emplflyee averflow parking but c�nly to the extent that su�cieiit parking is available for the public. The City will regulate and enfox•ce the employee parking program. E. Cc�ntractors and consultants of �ity and persons maintainin;, supplying, or servici��g the Airport teriminal building and/or the equi�ment of City or its tenai�ts may receive free parking under tlie Airport Parking Validation pt•ogram, if applicable. The City will reguiate and enforce the Airport Parking Vaiidation program, if applicable: F, Contractor sha[1 be required to ari�a��ge for tlie parkiilg and payrnent of parking fees by off airpart car rental con7panies whc�se eustnmers drap off rental car veliicles in the ParkingFacilities. G: City and its autllorized representatives; including but not limited to police and fire vehicles, shall have at all times the full a�1d unrestricted right to enter tlie Parking Facilities; for the purpases of inspecting tl�e same and af doing any and all things which may be necessary for the safety and p��oper operation of the Airpoxt and#he Pa��king�acllities: 10. SIGNAGE AND CO1�1TFt{�L. A. City shail, to the extent permissible by law, enforce the ioading; unloading and no urlautho�•ized pa1°king areas. B. Gity shall i�eg�rlate the elnployee parking area and car rental parking area. C_ Cantractol� shail install 1�ate and infoz•rnation signs as necessary and required far proper public natice of the activities and operation af the Parking Eacilities. The size, location and content of si,gns for'the Parking Facilities shall be subject to the prior written appraval and control ofthe Airports Nlanagel•. D. Cnntractoi� shali provide proper signs for tiie marking and enfol°cement of ADA related parkizig spaces within the Parking Facilities. E. Contractor shall not construet, erect or place any signs or other advertising display of any kind, exsept such as may be expressly permitted in advance in writing by the Airparts Manager; 11, INDEMNIFICt�:TI�N AND I-30I.�D R10![I..E��. A. Cantractor shall indemnify, protect, defend, and hold harmless City, its elected officials, afficers, einployees; and agents, and each and every one of them, fi�om and against all actions, damages, costs, liability; clairns; losses, penalties, and expenses including, but not limited to, reasonable attorney's fees to which atly ai� all of them may be subjected by reasan of the perfarmance ofthe services required under this Agreement by Contractor, its nf�cers, employees�or agents Page 8 Concessron Agreement for Operateon af Public Parking-Fazcilities except when liauility arises di�e to tlte sc�le negligence, active negiigence, ar rnisconduct of the City. B. The Cantractor�'s obligation ta defend; indemnify, and hold hai�mless sllall not be excused because of the Contractor`s inability ta evaluate liability. The Cantractor shall�•espond within thirty{30)calendar days to the tendel-ofany claim for defense and indemnity by tlie City, unl�ss tl�is tirne lias been extended in writing by the City. This subdivision shall nat be eor�strued ta excuse the p��ompt a��d continued perfarrnance of tlae duties required of Canta•actc�r herein. C. The obligatian to iridemnify, protect; defeild, and hold harmless set forth in this Section applies to a11 claims and liabiliiy regardless of whetl�er any insui•ance policies are applicable. The policy limits of said insurance policies do nat act as a limitation upon the amount of indemnification to be provided by Contractax. 12. INSU NCE. A, Unless rnodi�ed in writing by City's Risk 1V[anager, Contractor s11a11 maintain,the following nated i�asu�-ance durirlg the duration of the Agreement. Caverage shall be at least as i�road as: 1. Insuratsce Services Office form number CG-0001, Commercial Gerleral Liability Insurance, in an amount not less tl�an$2,;00�,0�0 per occurrence and $5,000,000 general aggregate for bc�dily injury, pe�•sonal injury; property damage and fidelitylcrime/emplayee theft. 2. Insurance Services C7ffice form numbe�� CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance; which provides far total limits of not less tizan $1,000,000 �oinbined single limits pe� accident applicable ta all owi�ed;non-owned,and hired t�ehicles: �, Statutory Workers' Campensation required by the Labor Code of the State of California and Employers'Liability Insu1a11ce in an amount not less than $1;OOO,Q00 per occurrence. Both tl�e Workers' Campensation and Emplc�yexs' Liability policies sliall contain the insurer's waiver c�f subrogation in favor af City;i�s eiected officials, officers, ernployees, � agents, and volunteers. B. Any deductibles o�� self-insured retentions must b� declared to and approved by City. At tlie option of the City,either the Contractar sl�all redaice or eliminate sucli deductibles or self insured r�etentions as respects the City, its elected afficials, officers, employees; agents and volunteers or the Conh�actor shall procure a band guaranteeing payment of lasses and related investigations, claims adrninistration, and defense expenses: P�zge 9 �'oncession Agree'ner�t f'or O�erati�an af Fa�blic 1'tcrd�in,d-Fcacilities C. The General Liability Policy shall contain or l�e endorsed to,contaiil the follawii�g provisions� 1. City, its eiected officials, officers, employees, and agents are to be cove�•ed as additional insi�a�ed as respects liability arisiilg out af work ar aperatians perfar�med by or on belialf of Contr•actal; facilities owned, leased, or used by Caiatractor; or automobiles ow��ed, leased, hired or bc�ri�awed by Contractoz; TIYe coverage shall cont�in no special lirnitatic�ns on ti7e scope of protectian afforded to Citys its elected officials, officers, employees; agents, and volutiteers. 2, The insu��ance caverage of Cantractoy� sha11 be primag�y iristarance as respects City, its elected officials; of�cers, employees, agents, and v�lunteers,Any insurance or self-insurance gnaintained by City, its elected officials, officers, employees; agents and volunteers, shall be in excess of Contractor's inscirance and shall not contribute with it. 3. Coverage shall state that the ir7surance ofContractor shall apply separately to each in'sul�ed against wliam claim is rnade ar suit is braught, exce�t witli respect to the lirnits of the insux•er°s iiability. 4. Each insurance policy required l�y tl�is Agreement slaall be endorsed to state tlzat coveiAage shall not be canceled except after thirty (3'0} calendar days' prior written natice has been given to City. In addition, Contractor agrees that it shall not r•educe its coverage or limits o11 any such pc�licy except aftel• thirty{30) calendar days' prior written notice has t�een given to Ciiy. 5. Endoz�se�nents should be pa-ovided on standard ISQ for-ms apprcapriate to job. Primary and Additional Insured endorseme7its zn�ist be provided ai�d are separate from tl�e certificate. D. Insurance is ta be placed with insur-ei•s with a current A.M.Best's rating of no less than A-VII. E. Contract�r s17a[l designate the City of Redding as a Certificate Holder of the insii7•atice. Conti•actar shall furnish City witl� certificates of insurallce aazd oi°igitlal endoi-sements affecting the coverage r•equired by this clat�se: Certificates and endorsements sha11 be fiirnished to the Risk Management Depa1•tment;, City of Redding, 777 Cypress Avenue, Redding; CA 96001. Tl�e certificates and endorsements for each insurance policy are to be sig�ed by a person authoi•ized by the insu��er to bind cc�verage on its behalf. All endorse�nents are to be received and approved by the City's Risk Manager prior to tlle commence�nent of contracted services. Pnge 10 �'orzcession�4greement for Operation r�f�'ublic�'"nrking-�'crcilitxes F: The reqtiirements as to the types and lilnits ofinsurance coverage to be niaintained by Contractor as required by Section 12 af this Agreement, and any approval of said ii�sui:aiice by City, are nat intended to and will ilat in atiy mamiet: limit ai• qualify tl�e liabilities and obligations otherwise assumed by Contracto�-ptzr•suant to tl�is Agreement; including, without limitation, p�•ovisians concerning indemnification: G. If ar�y policy of insurance required by this Section is a "clairns made" policy, pua•suant to Code af Civil I'rocedure §342 and Government Code §945:6, Contr-actor shall keep said insLtirance in effect for a period af eighteen(18)mcanths after the ter•mination of"this Agl-eement. H. 1f aily damage, including death, persoi�al iiljury o�� property darnage, occurs in connection witfl the performance of this Agreenlent, Contractor shall immediately natify City's Risk Maiiages�by telephoi�e at(530)225-44Q9 na later than three(3) calendar days after the event,Contractor shall subrnit a written report to City's Risk Managea-containing the follc�wing information, as applicable: 1}naine and addi•ess of ilijiu�ed or deceased person(s); 2) name and address of witnesses, 3) name arld address of Contractor�'s insurance campany; and 4) a detailed description of the darnage and whether any City property was invoived. 13. PAR NG FACILITY IMPI�C�VElYI�N'I'�, A. The Contractor shall provide; install and construct improvements and upgrades to the Parkin�Facilities r7ecessal-y and 1•equired ta meet the objectives and obligations of this Agreement. Any and all impraveinents, upgrades and construction work pLirsuant to this Agreement are to be completed at Contractor"s sole expense with the exceptior�tirat City slZall pay for the extensioil of electric and telephone se�°vice to fhe pay parking box statians located at the terminal b�tiiding. 8. Contractor shall furnish and install new and unused equipment �s set fr�rth in Exhibit C, attached hereto and incorporated by reference herein, to implernent a License Plate Recagnitian(LPRj control system. Any physical hardware or phane- based app shall have proper instructions. The contractor will be required ta pravide the City a "�'AQ" page stating tihe benefits, safeguards ar�d tt-oubleshooting paraineters regarding the LPR experience and ather outreach programs as agreed upon. The contractor shall have the option to maintain the current cashier-less pay stations, provide improvements or aver the term of this contract to eliminate them altogether upan negotiations. Any upgt-aded electranic pay stations shall be simple to understand and navigate, compliant with the Arnericans with I7isability Acf (ADA)ar�d easil� accessible to the public. C. The installatioi� of improvements and equipment in an� on the Parki�lg Facilities, and plans and specifications therefore; shall be first submitted to and receive the prior wi•itten approv�l of the Airports Manager. The location of all improvements shall be identified and approved by the Airports Manager prior to installation and construction. No substantial change, addition, or alteration shall be made in the scope of the wo��k as approved by the Airpo�-ts Manager without first obtaining his Pa�e II Concesszorz Abreeme,atfor G1pe�crPion afPzrblic Pnrkin�-�'c�cilaties appy�aval in writing. Impravements s11a11 be constructed to tlle satisfaction of the Airports Manager. D. Contractoi-, at its sole cost and expense; shall pi•octare all building, fire, safety; and otller permits necessa�:y for the constructiorl of any improveine�lts and the installation of any and all equipment. All work on the Parking Facilities shall be perfarmed, a11d all buildit�gs or other improvements on the Parking Pacilities shall be erected in accardance with all valid laws, ordinances, building codes, rules,and regulatians of all federal, st�te; c�unty; or lacal govei�nmerltal agencies ar entities having jurisdictian over the Parking Facilities. All wc�rk performed on the Parking Facilities pursuant ta this Agreement,shall be dc�ne in a good wo�•krnanlike manner and only with new tnaterials tif good qualiiy and higll star�dai�d. E. Cc,nstruction of ilnpr•c�vements must comply witli the provisians of the Califoi•nia Labor Code applicable to the requireinent Qf payment of prevailing wages on public works projects. Subject to applicable law, all contractors and subcontractors sI1a11 be paid at a rate no less than the prevail'tng rate t�f wages eurrently established for this area by tlze Califoi-nia State I)epartment of Industrial Relatic�ns. F. All work�-equired in tl�e construction and installation of irnprovements� including any site preparatioia work, landseapiaag work; alid utility installatio�a work, shall be performed under the direction and supervision of a competent contractor{s)licensed and in good standing uzlder the laws of the State of Califarlria. G. Coixtractai-shall camrnence installatioi�af the imprc�vements as referenced in Exhibit C, beginning c�n tJctober lst, 20�,5 to coincide with fhe City contractar peg�forming the parking pavement iinprovements, and finalize completion by October 20`" without ur�necessary interruption. Contractor shall be e�cused far any delays in const��tiction or commencement af construction caused by the �ct of any pubiic erleiny, acts of God, the eiernents, war, war defense coilditiat�s, litigatio��, strilces; walkouts; or other causes beyond Contractor's control. Contractor shall, ltowever, use reasonable diligence ta avoid any such delay and tc�resttme work as promptly as possible after the delay, 14: C�I�STRIJCTIC9I�I�"ERF�J►iZl�'IAI�ICE ANI)PA�'ME1�tT B�IV�. Cont��actor, at its sole expense, is required ta place on file with t11e City Clerk a constrcrctic�n performance and payment bond in the amaunt of Eighty-Six Thousalid and Three Hundred aaid Twenty-Five Dollars ($86,325.00j or the total arnount of estimated canstruction, whichevei• is greater; until such time as improvements to the Parking Facilities at�e operational and completed to the satisfaction of the Airports Manager. The band is required for tlle proteetion of persons supplying labor or materials for the coristi•uctian of imprnvements and shall pratect the City from any liens, liability, losses or datnages arising thei:efrom, The bond with original signatures and natarizatioll is to be deposited with tlle Redding City Clerk at 777 Cypr-ess Avenue,Redding;CA. 96�01 Fage 12 Co�ecessiort A�;reetnent fiar Qpertltiorz of Pr�blic Parking-Fncilities 15. QW1�1E�8��IF`C�F I1�P�fAVElO�IEI�T'I'S. A. Title to all revenue contl•c�l system ilnprovements,,parking pay stations, ec�uipment and fixtures to be purchased, installed, andJor constructed on tlle facilities by Coiltractot shall vest in the City after the iriitial term of the Agreement. During the te�m of tl�is Agreement; Contract�r, at its sole cast and expense,s11a11 keep in good repair arld operating condition all sucl� impraveinents, equipmetzt and fixt�ires. B. Title ta all farniture, fui-nishiixgs, and supplies; shall at all times dc�ring the term of the Agreelnent remain in t11e ownership of Contractoi-. Upon the expiration or termi�zation af this Agreemetit, Coi-�tractai shall have the t�ight ta remove froin the Parking Facilities only those ite�ns of furniture,furnishings, and supplies owned by it. The Contractor shall repalr a11 damage dai�e to tlze P�rking Facilities and Gity- owned property resutting frorn tlae removal of any fi�rniture; fi�rnishings and supplies, machinery, equiprnent; and fixtuyes. 16. A1VI��tTI�ATIt�1�T t9I�'IlYYPRtDVEli�EIVT�. A. The cost to purchase; install and construct the improvements autlined an Exhibit C is approximately Eighty-Six Tlio�isand and T13z�ee Hundred and Twenty-Five Doilars ($86,325.Ot1). Cc�ntract�r agrees to pl•omptly pravide City with an itemized statement of tlie actual tota( cost c�f the iinprovements following carnpletion of the projeet. It is hereby agreed that the in�provement project heiein referenced shall be amor-tized by Contractar over the initial five {5) year term of this Agreement as listed in Exhi6it�}. �. In the event Contractor, through no fadilt of its owi1, is pe�-maneiltly prevented or proliibited frocn aperating the Parking Facilities prior to tl�e expiration date of tlie five-yea�amortization period, City hereby agrees to reimburse Contractor the pro- rated share of the u�lamortized cost of such iinprovements computed as of the date of teri�ination, prevention, or pruhibition, with payment ta be made by tile Gity after receipt c�f Contractor's statelne�it of the amoul�t due and payable and within a time periad tc� be mutually agreed upon Uy botl�parties, The tirne for repayrnent shall not exceed six (6) months fi-om the date af terininatian, prevention a7• proliibition. Contractor shatl not be entitled ta reinll�urseznent by City if tl�e Agreement is terminated under the provisions of Section 30, 17. AIJ'I'EIaAT3�P�� ANLD AI)DI"�"I�O1�T�. Contractor shall not make any alterations ta nor erect any additiomal structures or improvements on the Paa•king Facilitie's without the priar written cansent of City. l�; ME�gIAI�1I�'S I.�IENS. Cantractor shall keep the Airport and the Parking Facilrties free froan any liens arising out af any work pe7�formed, materials furnished; or obligations incurred by Contractor. Fc�ge 13 CQ�zcession Ag�eemerat far Opet��tran af Fublic Parkin�;-Faci/ities 19, 1�AIl�iTE1�1�1'��E t9.1�tI� RE�'r�IR. A, Corltractor shall,dt�rilzg the tei•m of tiie agreement and at Gontractor's sole cost and expense, maintain the Parking Facilities as follows; 1. Contractol•shall keep and maintain the revenue control equipn�ent,software operati�Ig systems and appurtenances in good aperating orde�•aiid repau�a�id in a safe and attractive conditic�n. 2, Contractor shail maintain the Parking �"acilities in a clean and safe condition. Conttactor shall perfor-m routine maintenance and x�eplace supplies that are used for parking services on a daily or routizze basis to keep the Parking Facilities operating in optimal condition. 3. Contractor shali perform periodic and rou#ine inspections of tl�e Parking Facilities arid shall collect at�d remove all garbage, debl:is and litter fraln tlle Parking Facilities. Contractor shall arrange for the sanitai•y and safe handling and dispasal of all these materials into apprapriate disposal con#ainar�s. 4. Contractor s1�a11 maintain all necessary signage and pavei�ent markin;s in a ileat and attractive condition: 5. Col�tractor shall nat store a�tything an the Parking Facilities without tlie pricsr written approval of tlie Airports Manager. 6: All dan�abe caused to the Parking Facilit�es and/ot�Airpart by Cantractar; its officers, einployees, agerlts, al�d ii�uitees, shall be repaired at Cantractot�'s sole expense. B. The City,at its Sale expense; sha11 maintain the pul�lic parking facility as follaws: 1. City agrees to rnaintain the asphalt surfaces witllin the Parking Facilities. The City;, in its sale discretion, shall determine the ilecessity to seal coat and crack seal the aspllalt pavement. 2, City shall coordin�te removal of accumulated snow and ice to ensure continued availability and suitability of area for public parking. 3. City shall provide, at its expeuse; electrical power far the parking equipment and the illumination of tlie public parking lot facilities and the maintenance and replacement of light bulbs, ballasts and fixtures. 4. City shall maintaill the landscaped area in the parking lot. 1'age 14 Cor�cession Agreetnent far�peratiaiz of P��blic�'arkir�g-�ncilities zo. ��1�.�����. A, City sl�all make arrai�gementfor the payment of electricity; watei• and solid waste disposal atility servlces to and/or for the Pac�king Facilities. B. Contractoi'shall inake ari`angement for the paytnent aftelecomtnunication services furriished'to the'Parking Facilities. Contractor shall hold tlae-City fi�ee and liarmless fi�om �ll cl�arges for the furnisl�ing af telec�mmunication ser�vices to tl�e Pat�king Facilities. C. Contractor waives any and all claims or cactses c�f action which it may hereafter have against Ciiy, its eiected afficials; afficers, ernployees, and agents for loss; injtia�y or damage sustained by reason afal�y deficieilcy, impairmeiit,ar interruption of any water, electrical, gas, plumving, telephone or drainage, sewer service or system serving any prsl•tion of the Parking Facilities, w�lether installed by Gity or not. 21. �I�I�'�'T�l TNSF'lECT. A. The City and its author•ized af�icers, ageiits; employees; volt�nteers, co��tt�actols; stlbcontractot�s and other repc•esentatives shall ha�e the riglit to inspect the Farkin� Facilities from tirne ta tiine for any pur�ase, including: 1. To inspect the Parking Facilities at 1•easonable intervals to detertnxne �vh�ther Contractor has cornplied with or is complyi�3g with tlae tei•ms and conditions of this Agreem��t; 2. For g�neral maintenance or safety of tl�e Farkin� Facilities or to make repairs, additions or alteratio�ls as may be necessary ar convei�ieiit for the co�aduct, safety;improvemellt or preservatioll of the Airpart; 3. Foz:emet�gency purposes; 4. In the exercise of City's power to caflfi��m compliance with See�ion 22, and 5. Inspection fo1 security purpose, or any purpose deemed necessary by the C ity. B. No inspection by oi•on behalf of the City of the Par�king Facili#ies shall be deemed to constittate an interference with Contractor°s caperation of theParking Facilities. Fct,ge I S C'onressian Am�eemengfor Operatror: cefPublrc�'arki►�g-.�"acilities 22. C4�tl�iPL�AI�T�E 07VITI3 Lr�.� ANl�+ S'Y'�1�1I�r�RDS. Contractor shall; at Cantractor's sole cost and expense, comply with all of the rec�uirements of all city, county; state and federal authorities now in force, ar whicl� rnay hereafter be ilt force, pei-tail�ing to Contractor's possession-and use of the Parking Facilities, and shall faithfully abs�rve in the use oftl�e Parkiilg Facilities all city and county o��dinances and state and federal statutes and regulatic�ns, now in farce or wl�ictl�nay he1•eafter be in force. Can#raetor's possession and use of the Parkiiig Facilit�es shall conforin to all Airport rules ax�d regulatians and local btzilding and fire cades; 23, �RdQC�1�U�2ES�.1YI� ��E TIQI�IS Mr�NLTAL. Within ninety(90) days after award ofthis Agreeizlent,a copy afthe p�•ocedures for management,operatians and lnaintenance, cash handling and �uditing procedtares far tlae Parking Facilities shall be submitted l�y Contt�actor ta the Airports Maiaager for review and apprcr�val. The approved operating proeedu��es shall t�ecome �rart of tl�is Agreernent., Tllereaftel; Contractor s�iall make revisiol�s ay� an as needed basis and submit such revisions i1i writing to the Airports Manager for approval. The approved revisions sliall become part of this Agreernent. 24: SC�PE OF aE12V�CE5, A. Canty-actor shall provide all mana�ernent pe�•sonnel, supervision, lal�or, rnaterials, and equipment required for the complete performance of Airport parking operatians. 1. Cont�actor shall pravide professional parking management services at the � Airpo��t an a seven t7)days a week basis, including a11 lega111olidays. Hours of operations are negatiable. The services s11a11 inclltde,witl�aut limitation; managing all reveniie gelierating parkitig oper�tions aild providii�g professional, courteous and attentive customer service in at1 phases of its operatic�n. Cantractor shall provide sufficient and quali�ed staff to rnanage the Parking Facilities and provide customer service, prepa�e detailed fin�ncial transaction and nperatianal reparts. 2. Contractor sha11 be responsible for seiecting; hiring, paying, supervising, tr-aining�nd dischaa-ging its persnnnel. Contractor sliall hip-e, supervise and train all parking operations pe1•sonnel in accordance with applicable lavvs and regulations, as well as Contractor`s own training curi�icul�.lm related to parking ope�•ations ancl customer service. The Coiitractor may offei e�n�loyment to cL�rrent parking personnel wlio meet the CQntractor"s employrnent standards. 3. The Contractor,at all times dur�ng tile tenn of tlle Agreement, shall retain a qualified, competent, and experienced Managel• who shall serve as the primary spokesperson far the Contractor and point of contact for the City for the parking operatians. Contractor shall eizsure that at least one {1) en�ployee havin;g decision-making autihority with regard to the operatian, Page l6 Coa:cession.�9greement fvr Dperntion of�'ublic Prrrkan�-Fercilities management and tnaintenance of the Parking Facilities be available, or on call and able to quickly respond, at all times. 4. Contractor shall hiP•e only persons who ace well c�ualified ta perfoa•in the duties for which they are hired. All warkel•s shall be properly trained aiid praficient in their responsibilities and Cantractor sliall ensure titat employees are trained with an empha�is on customer service. Einployees shall be courteous and act in a professional manner wllen interacting with Airpoi-t staff, ccistomer•s,teizants, visitors al�d the public. 5_ The Contractor sha11 establish and enfarce dr•ess code policies aiid 1•equire each warker to wear appropriate unifarnas and identification or badge that clearly identifies the einplayee as an employee of Contractor. E►nployees shal!be neat,well groamed and professional ii�appe�rance. 6: Contractoa- shall be t�esponsible for etlsuring that employees a6'rde by all laws,rules,and t•egulatic�ns applicabie to the Airport: City reserves tlie��ight to rec�uest#he Contractor to re�nove frozn the Airport,to tlie exteni allowed by law;arly of its employees and ernplayees of subcontractors who; ii1 tlae City's sale apinion,are determined to be unsuit�Ule or inc�palale afwcsrking at the Airport or of vialating any of the Airport i•ules and regulations, 7_ When Contractor's empioyees are can site; employees will be sufficiently infarmed to respond to inquiries fram the public regardi�g parking policies and procedures and driving directions. C�ntractor shall at all times, pramptly and caurteous ly respond#a complaints or problems af customers. 8. Contractor-shall advise the Airparts Manager of all vehicles which appear to be abandotled in the Parkiilg Facilities. Contractor shall 11ot relocate nr re�nove any vel�icles in the Parking Facilities un4ess approved by the Airparts Manager. The reiocatic�n and t�einoval of vehicles for violation of parking regulations within the F'arking Faeilities will l�e eoordit�ated with the City and the Redding Police Department. 9. Cantractar slla3l assume all risks of"loss of funds, including,but not limited to; loss by damage, destruction, disappearance, theft, fraud, dishanesty, or loss of funds associated with the �-evenue contr•ol equi�ment, ilzcludiilg parking pay stations. Contractor's assumption of risk contint�es until all fees and charges collected by the Contractor on behalf of the City aie deposited in Contractor°s designated balik. 10. In the event a customer exits without paying, Cantractor shall make all reasonable efforts to collect all fees and charges due and payable to Contractox and City. Cantrac�or, in cooperation with the City, shall collect �czge 17 �otacession.�4greement f�r f?perr�ti�n of Public.�'crrking-�tecilities all relevant inf�rmatian about cust�mers witl� insufficient firnds, City and Contractor agree to apply to the State of California Departmer�t of Moto�� Vehicles (DMV) to i•eceive r:egistered vehicle owner information and recards and agree to abide 6y all DMV r�ules and regulatiolas relating thereto, 11. Cotitractor� shall ensure sti-ict co7np1iallce with Paymel�t Card Industry (PCI�)Data Secu�•ity Standards for each credat card transaction. C�ntractor must maintain PCI coi77pliance and certificatiaa as the bankcard met�chant for tlle Airport Parking �`acilities. In t11e event of Contractor's non-cotnpliance with the PCI Data Security Standard's andlor in the event of a data breach, Coi�tractor rnust infarm the City imrnediately aild at Cont�-actor's expense,take all curative measures necessary ta 1�ernedy such noncompliance or data breach. 25. W�4STE, i,�UIET �Ci�JND�.T�T. Contractar sl�all not comrnit ar suffer to be committed a►ly waste upon the Pai�king Fa�il'zties or impi-avements, ��or any nuisance or othel� act ar thing which may disturb the qciiet enjayinent ofany otl�er occupant ofor user c�f the Ai��port or the City's adjoining propertiy: 26. AI {.1RT SE�URITY. A. Contractar shall conduct its operation in,a manner that camplies with all Federal Aviation Administration(FAA)and Transportation Security Adrninistration(TSA) Airport secu�•ity 1�egulations. Contractor agrees to pay or reimbuise City foi� any fines or penalties imposed upon the City by the FAA ar TSA for violations of security caused by actior�s af Cantractor�; or its agents, em}�loyees, or invitees. Contractot� sliall pay such fine witl�in thirty (30) days of written notice from the City of the obligation to pay fhe fine; Failure to comply witli the provisians of this Section is grounds for terininatian of this Agreement by the CiTy. B. Contractor agrees that tlre Airpoz-t is rec�uired to comply with the security mandates af the Departmsnt of Transportation, the Department of HQineland Security, the FAA, the TSA and other gove�•nme�ital and administrative rules and regulations relating to airports. Any pi•ocedures determined by City to be applicable to Contractor ii� order far Cii� to comply with the foregoing will be furnished to Contractor in writing and delivered b� email andlor facsi�nile, confirmed by mail, to Contractor at its natice address provided in this Agreement. Such procedures are subject to change without notice c�thel�than delivery thereof as provided herein. 27. ASSIGl�il�dE1�1T. Contractar shaIl not assign, transfer, pledge, surrender, or otherwise encumber or dispose ofthis Agreement or any interest in any portion of the same;or permit any other person or persans,or entity (except its autharized representatives) to occupy or use any ar all pai-t(s) crf the Parking Facilities, without first abtaining the City's Page 18 Concessian Agreement for d?perntiafz of Public Park��g-Facilities prior written consent, which slZall nat be unreasonably witi�held. Any assibnment or encumbrance without the-City's consent shall be voidable and, at the sole election of the City, shali constitute a default of this Agt•eement. No consent to any assignment or encumbrarice shall c���stitute a fiirtl�er waivec•of the pr•ovisions af this secti�n. 2�. INV�7►LUI�tTA12Y �.�SI�NI�TEI�TT. A. No iuterest of G�ntractor in this Agl�eement shall be assignable by operation af law. Eacl�of the following acts shall be cansidered an involuntaa�y assignment; l. If Contractor is or becomes bankrupt(whether voluntary ar involuntary)or insolvent;makes an assignment for the benefit of creditar�s; or i�lstitutes a �roceeding under the Bankruptcy Act in wlxich Cantractor is tlYe bankrupt; ot�; if Contractor is � partilership dr eo��sists of more than one person ot entity, if any partner af tlie partnership, o�� other person o�� entity, is ot becames bankrupt (tivl�ether volunta�y o1- involuntary} or insolvent, or• r makes an assignment for the benefit ofcreditors; 2. If a writ of attachment or execution is levied on this Agreelnent; 3. If;in any proceeding or action to w17ic1� Contractol•is a party, a recei�er is appointed with authority to take passession of the Parking Facilities,or 4. The abandonment or discontinuance af any aperation at the Airpart by Conti•actar, or the failure to canduct any service, operatia�l, or activity pe�•mitted by tl�is Agreernent. (f this condition exists for a period of fifteen (15) days without the prior writ#en consent af tl�e City, it wili constitute an abandonment of the Parking Faci[ities, land; or location, and this Agt•eement and the Permit for Commercial Activities shall, at tlie sale option af City, become null and void. B: An involuntary assignment sl�all constittrte a default by Gontractor, and tl�e C"ity shall have the right to elect ta terminate this Agreement. In no event shall this Agreeizient be deelned or treated as an asset of Contractor. 29. TEY2MINA'TI�N+C�F AGl�EE1VI�IVT �Y C�CENT C'�'+O]FL. A. This Agi-eement is subject to termination by Cantractor in the event of any one or more of the following: 1. The permanent abandonment of the Airport as a commercial service airport. 2. Tlie loss;subsequent to FAA inspection,of certi�cation of tlle Airport. Puge�9 Gonce:�saon�4greeme�zP for��peratian of.Fublac�r�'°k�ng-F'tterlities 3. The lawful assumption by the United States Gove�•nuient,or any authai•ized agency tllereof; of the opeyatioi�, coratrol, or use of the Airpoi°t, or any substantial part or pai-ts ther•eof, in such a ma1»7er as to substailtiaily 1•estrict City, for a period of at least ninety (9+J) ealendar days, from operating thereon. 4. Issuance by any coul:t of competent jurisdictian of an injui�ctioli in a�iy way pieventing ar restraining tlie �rse of tlie Airpart and the remaining in farce of such injunction for a period of at least nrnety(9�)calendar days. 30. CCl1�T CT+�I2°S D]E��UL;T. A. The occut-rence of any of tl�e following shall constitute a material bz•each c�r defat�lt by Contractor under this Agreement: 1. Contractor's failtu-e to pay when due any monies xec�uit•ed to be paid under this Agreement if the failuie continues for ten (10) calendar days aftea• written notice of the failure from City to Contract�r. 2. Cant�-actor's failure to prQvide any instrurnent or�assctrance as requi�-ed by this A;reement if the failure continues for ten (10) calendar days after written natice t�f the failure fi•om City toCantractor. 3_ Cessatiatl or deteriora#ion of any serviee for any period which, ii� #he deterrninatian of the City,materially aY�d adversely affects the operation or� service re�uired to be performed by Contractor under this Agi�eement and, except as otherwise provided in this Agreernent,Coiltractor`s failure to c�ire the same within ten(10)calendar days after the City delivers written notice l�ereto where such failure cauld reasoclably be cured withirz ten {10) calendar days of the wi•itten notice. 4. Contracto�•'s failure to perform any other obligation under this Agi-eernent if the failure contintiies foi•thirty (30) calendar days after written notice of the failure from City to Contractor,except in those instances where the cut�e would require more than thirty (3D) calendar days ai7d Con#ractor is diligently seeking ta cure the default, then the time shall be a reasonable period of time for the given circumstances. 5. Failure tc� maintain current licenses, if any, rec�uired for the permitted opei ation. 6. Intentionally supplying the City with false or misleading infarmation oi� misrepresenting auy material fact on docuinents or in statements to trr before the City and its employeesa or the intentional failure to make full discic�sure on a financial statemellt; statement of gross receipts, or other required doci�ments. Page 20 Concession�4greementfaPr Opercrtion af.F'�blic F't�rk�ng F�cflities B. If Contraetor shall be declared to be bankrupt or insolvent accoi�ding to law, ar if any assignrnent of its property shall be made for the benefit of creditors, theii in either of said cases ar events,the City lawfully may, at its option; immediately or at�ny time thereafter, without demand or notice, enter into and upon said Parking Facilities and expel said Contractor atld rernove its effects; if any. C. Notices giveil under this sectian shall specify the alleged breach or defaLilt and shall deinand that Cantractor perfarm tl�e provisic�ns of t11is Agreement or pay tlle payrraei�t that is in arreai:s; as tlle case may be; within the applicable time period, or this Agreement may be terminated by City: No such notice sllall be deeined a foi�feiture ar a terrnination of this Agreement or a�•evocation of the Permit unless the Gity so elects in thei�otice. U. The City; at any time after Cantractor co2nmits a breach or default of this Agreement, can cure the breach or default at Contractar's cost. If the City, at any tirne;by reasc�n af Contractor's breach or default,pays any sum or does any act that requires the payment of any sum,the sum paid by the Gity shall be due immediately froin Contractor ta the City at the time the sum is paid, and if paid at a latet•date shall be sLibject to late fees aild penalty cha�-ges as shown ir�the City's tllen current Schedule of Fees and Charges, The sum, together with the late fees or penalty charges, shall be an additianal paymei�t owed to tl�e City pursuant to this Agx-eeinent. 31. CIT�"S ME�IES FOR DEF�ITI,,'T. A, Upon the occurrence of a default that is not timely c��red by Gantt•actot-, City has the right to immediateiy terininate this Agreement and recover possession of the Parkii�g Facilities. Qnce City has terminated this Agreement, Contractor sl-�all ir�nn�ediatel� surrender the Fa�king Facilities to City. Un termination of this A�teement, City may recover from Contractot�all of the follt�witig; 1. The warth af any �inpaid percentage of gross receipts that had been earned at tlie time ofterminatian; 2. The cost of managing the parking facility until �ity is able to reasonably erlter i1�to a t�ew agreement far parkillg services, except it� the event the � City assumes management contral for ernergency purposes caused for° reasons or events beyond the cantral ofContractora 3. Any other amount necessary to co�npensate the city for all the detritnent proximately caused by Conti•actar's failure to perfarm obligations under this Agreement; izlcluding advertising expenses, expenses of rernodeling the Parking Facilities far� a new Contractor, and any special cc�ncessions made to obtain a new Cantractor; and Page 21 CoYicessiofa Agreeme'ztfor C3�err�tion o,;�''Public Parking F�ciliPies 4. Any other amotants, ir�addition to or in lieuof those listed above, that may be permitted by applicable law. B_ ln the event the City exercises its r•ights undei•this sect'ron, Contr-actor shall pr-ovide books, �•ecords ar docuineiats as a�•e necessary far the City to assume managemeilt of tlae Parking Facilities. 32, F�12CE Ii�IA,TEURE. A. In tl�e event of an airline strik�, aii�pot�t constrt�ction o1� repair, inclndii�g; but not limited to; repai� of roadways or runways, partial ar total suspension of activities by any commercial airlines including; but not lirnited to; suspension of airline flights for inare than for-ty-eight{48) consecutive hout-s,xeduction of airline flight schedules, governmental laws; rules, regulations; orders ar policies, acts of God, acts of war, terrorisrn, civil tiruest or any other event ar cnndition beyond the reasonable contral of Gontractor, which event ar events cause or result in the amount of gross receipts being reduced to such an extent that Contractor cannot, without economic hardship, continue ta pay the percentage of gross receipts to Cit�, Contractor may, upon notice to City, elect to have the parties enter into negotiations regarding a reasonable reduction in the fees due to the City andlor a reductiai�i11 Contractai•'s services. �. Immediately follawi��g such natice, both pa�-ties shall in goad faiti�a considet� a reasonable reduction in the percentage of gross receipts due to City, including tl�e effective period said reduction shall be in effect, and/or a reasonable i-eduction in Cc7ntractot�'s services to opel•ate the Parking �acilities. From the time of Contractor's �•equest fa�� consideratian of � reduction in fees and/or services; Cantractor shall suspend payment to the City until final determination of the effective period and amount of said reduction, but only to the extent that Caz�tractor's iaicome from pa1 king r•eve�lue exceeds actual ordiilary expenses to opelate the Pal�king Facilities. Contractc�r shall fully d�cument to the satisfactian ofCity the reductian in revenue received by Contractor.Ifthe parties are unal�le to agree upon the basis fox a reduction in the pe��centage of gross receipts due ta City andloa•�reduction af Contractor's services within forty-five(45)calendar days,the City shall have the�ightta declare this Agreementterminated. 33. SU�REI�TDEId (�� �'�IiI�I1�1G F�CILI'�'IES. On the date of the terLLmination of this Agreement� whetller sueh terminatioil is by cancellation, expiration, or otherwise, Cantractor covenants and agrees promptly and peaceably to remove itself,its officers,and employees frorn the Parking Facilities cov�red by this Agreement and shall return to the City all keys and other rneans of access to the facilities and/or the reventre control equipment, which equipment and/or facilities shall be surrendered in the same condition, ordinary wear and tear excepted, as when utilized by Contractor�. 34. FEl�� L I�E�IJI IO�I�l�T"T�. Contract�r acknowledges that City is subject to Federal Grant Ag��eement obligatinns as a condition precedent to the granting offederal Fcrg� 22 Concession Agreet�2ent fo��per�n#ion afPi�blie Przrkista Fncalities funds for izliprovements to the Airport,and,accordingly, Contractar agrees to, and agrees ta be bouiid by, the following covei�ai�tis pravided by the Federal Aviatioli Administratiari as titey may apply to Contractor. A. Contractor for itself, its personal representatives,successors in interest and assigns, as a pai•t of consideratian liereof, does hereby covenant and agree tlsat ir�the event facilities ar•e constr-ucted,maintained;or otherwise operated on any areas occl�pied l�y Contractor and described in tilis Agreellyent foa� a pulpase for which a DOT pi°ogram or activity is extended or for anather purpose involving t11e pravision of siti�ilar sei•vices or benefits, Contractor sl�all inaintain and operate such facilities and services in coinpliance with all other reqt�ii•enients imposed pursuanf to Title 49; Code ofFederal Regtizlations,Dt�T; Subtitle A,Uffice ofthe Secretaiy;Part 21, Nondiscrimination in Fedet�ally-Assisted Pragrams of tlZe Department of Tz�a��sportatioll - Effectuatiol� c�f Title VI of the Givil Rights Act of 1964, and as said Regulatians lnay beamended. B. Contr-actor for itself, its personal representatives,successars in interest and assigns, as a part of consideration hereof, does hereby covenant and agi�ee that: (1} 1�o person an the grounds of race, coloc, oa- i�ational origi�3 sl�all be excllided fratn participation in, denied the benefits of, or be otherwise subjected ta discrimination 'rzi use of the facilities, (2) that in the construction af any iinprovements on, over,, or under an� areas by Contractor and tl�e furnishing of services thereon, no person on the grotinds of race, colar, or natioc�al c�c�igin shall be excluded from partici�aation in,denied the l�enefits of, or atherwise be subject to discriminatian,(3)that Coiitractor shail occupy and use the facilities in complianee with all athex� require�nents imposed by or pursuant to Title 49; Code of Federal R:egulatians, Department of Tc�ansportatian, Subtitle A, �ffice of the Secl�etary, Part 21; Nandiscrimination in Federally-Assisted Prograrns af the Departrnent c�f Transportation-Effectuatioi7 of Tit1e VI of the Civi1 Rights Act c�f 1964, and as the Regulations lnay be atnended. C. T11at in the event af bi•each of any of the above nondiscrirnination covenants, the City shall have the right to terminate this Agreemeilt and to reenter and repossess the land and the areas t�ccupied by Cbntractor and the facilities thereon, and liold the same as ifthis Agreement had never been made or issued. This provision does not became effective until the procedures of 49 CFR Part 21 are followed and carnpleted including expiration af appeal rights. D. Contractor shall furnisl� its accomrnodations and/or services on a fair, equal and not unjustly discriminatory basis to all trsers thereof and shall charge fair, reasonabie, and not unjus#ly discriminatory prices far each unit or service: Contractor may be allowed to make reasonable and nandiscriminatory discounts, rebates o�`othe��sirnilar type ofprice reductions to valurne purchasers. E. Without limiting the generality of any other terms or provisions of this Agreement; non-eompiiance with subsection D above shall constitute a rnaterial Fage 23 Concessior��4greeat�ert�for�percrtion vfk'x�blic Pnrlcing Ftrcilities breach thereof and in the event of such non-compliance the Gity shall have the��ight to terininate this Agreernent and the estate liereby created without Iiability therefore oi•,at the election ofthe City nr the United States,e'rther oru bath Governments shail have the right to judicially enforce subsections A,B,C,and D: F. Cotitraetoa• agrees that it s1�all insert the above five (5) pravisions, subseetion A tl�raugh E, in any agreement by which Contracto�• grants a i•iglat oi•p�•ivilege to any persan,firin or corporation to render accotnmodatrons and/or services to the public on the pi•emises. G. Contractor assua-es that it will campiy with pez�tinent statues, exectative ot�der•s and such rules as are pramulgated to assure that no pe�•son shaii,on the grounds of race, creed, coior, national origin, sex, age; ar handicap be excluded frc�m partieipating in any activity conducted with or benefitting fi°om federal assistance. This section obligates Contractor c�r its transfel-ee for tlye period dua�ing which federa]assistance is extended to the Airrport, except whel•e federal assistance is to provide,ar is in the farin of person�l pi°�perty or real property or interest therein or str�ictul•es �r improvements thereon. In th�se cases; this subsection o�ligates Gontractor oz° ar�y transfer�e for ttie,longer of tl�e following periods: �a) tlie period during which the property is used by City or any transferee for a purpose for whic(1 federal assistailce is extended, or far any pui`pose involving the provision of similar services ar benefits;or(b)the period during which City or any t�•ansferee retains ownership or possession of tl�e property. In the case af contractaz�s, tliis subsection binds the contractors from the bid sc�licitation periad tlirough the cornpletian of the Agreement. H. Tlie Ciiy reserves t11e i�igl�t to furtliel-develop or improve the landing a1-ea of the airpol-t as it sees fit, regardless of the desii•es or view of Contr•actor and without interfer•ence or l�indrance. - I. The City i•eserves tile right, but sl�ali not be obligated to Contractt�r to maintain and keep in repair the landitlg area af the air-port and all publicly-owned facilities of the airport, tagether with the right to direet and controt a(1 activities of Contractor in this regard, J: This Agreernent shali be subordinate tc� the pravisions and requirernents of any existing or future agreertt�ent between the City and t17e United States relative to the use, developrnent, operatioii, security or maintenanee of the aiiport,the execution ofwhich is or may be required by the United States as a condition precedent to the grant or expenditure of federal funds far the Airport: K: There is hereby resei•ved to the City; its suceessors and assigns, for the use and b�nefit ofthe public,aright offlightfor the passage ofaircraft in the airspace above the surface c�f t1�e premises herein used. This public right t�f flighi shail include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at; �'crge 24 Carzcessior��4greementfor 4per°crtiarr ofPublrc Purking�rrcilities takii�g off fi�om or opeiation on the Redding Regic�lYa1 Airport. L. Col�tractor agrees to catnply with the iiotification and review reqtzirements covered in 1'art�7 of tlle Federal Aviatian Regulations in the event future construction af a building is planned for the premises, ar irl the event af any planned madification or alteratit7n of any pt:esent or future bt�ilding or structure situated on the preinises. M_ Contractoz;its officers,adininistratoz�s,reps�esentatives,successars and assigns will not erect nor permit tlle erectioi� of any structure t�r object, nc�r permit tile grawth af"any tree tir vegetation on the Aii-port to a heigl7t above tlie mean sea level that would exceed Fede��al Aviation Regulatians Pai-t 77 standards ox� elevatiolas affecting Airpart navigable airspace. In tlle event the aforesaid covenants are bi�eached,the City reserves the right ta enter upon the premises and to remove the offending stt�ucture or object and cut the offending tree t�r vegetation, all of whiclt shall be at the expense af Contractar. N. Cai�tractor,its officers, admittistratozs,rep7�esentatives,successors a��d assigns wiil nat;lnake use of the premises in any manner which inight interfel•e with the landing and taking off of aircraft from Redding Regional Auport or otl�erwise ccsnstitute a hazar•d. In the eve��t the afaresaid cavenant is breached, the City reserves the right to enter upon the premises and caiise the abaternent of stich interference at tlle expense of Coi�tractor. O. Ti�is Agreement and all the provisions hereof sl�all be subjiect to whatever right the United States Government now laas or in tlie future n�ay li�ve ar acquire; affecting the caiitrol,apet•atian;regL�lation and takirlg over oft3ie Reclding Regionai Ai1•port or the exclusive or non-exclusive use of the Airpart by tlle United States during the time of war oi nati�nal emerge�lcy. 35. DISCRIlVIII�T�'°I'I�9N. A. In the performance of this Agreement,Contr�ctor shall not discriminate nnr permit discrimination against any person on t11e grounds of race, color, ancestry,national arigin, religious c��eed; sex, sexual orientatian, disability, age; marital status, political affiliation, or membership or non-meml�ei•ship in any organizatian. No such persons shall i�e excluded frorn participation in, denied the benefit c�f, or be otherwise subjected to discrimil�atifln in the use of said Paricing Facilities in ay�y manner prohibited by the State of California or tlie United States c�f Atr�erica. B. Contractor shall take affirrnative action to ens�ire applicants are ernpioyed and that emplayees aa�e treated during their employment without r•egard tc�their race, coloz•, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, politicai af�liation, or rnembership ar nan-membe�•ship in any organizatian. Such actions shall include,but nat be limited to,tlle fallowing: Page 25 C'oncessic�n A�reeme�atfor�O�erretion af.�'z�blic Prarlcing Fracilities employment, upgrading; demation ar transfer; t•ecruitmealt or t�ecruitment advertising; layaff or�termination, rates af pay or otl�er forins of colnpensation and selectian for tt•aining. C. Contractoa� shall make its services available ta tl�e public witliout unjust discr•ilnination; however, Contractor shall have the privilege to refuse service to any person or persons far just �ause, but nat to discrirninate as set forth in this Sectiota: 36. AI)1VIIT��S"I"lCtr�'�`I�l�t��'�I'I'Y. Wllenevep�Cantractor is requi�•ed to secure tt�e appraval or cansent of tl�e City pursuant to tt�is Agreement, the City shall mean the Airpoi-ts Manager or his design�e. 37. Vt�L�J1�1'�'EEI� �S�I�'I'AIV�E. tl�lder no circlamstances shall Gontractar use City einployees whom are on duty to pei�form work at the parking Facilities. Under no cix°cumstiances shall Coi�ti-actoa�tise City employees whom are off duty tQ perform work at tl�e Parking Facilities if the nature of the work is sul�stantiially sitnalar to the etnployee`s regula��wo��k dL�ties far the City. 3�. l'��D �'r�R'I'I�tERSI��' �R ��Yl�'I' VEI�iTUI�E. I`+Tothing in this Agreeinent sl�all be construed to render the City in any way or far any purpose a partner, jo'rnt venture, or associate i1i a�ry �•etationship with Cantracto�� otller� than tllat of City a�1d Cont��acto�•, nox• shall this Agreement be construed to authorize either to act as agent fc�r the otlier. 39. ��1�T'I'Itr�C7C Il�t'I'E�tPR�Tt�"I"I�I�,�EI�1�.JJ� APtII�A'�`TC}1�A1�'§� F'EES. A. This Agreement shall ve deemed to llave been entered into in Redding, Califoi�nia. A11 questi�l�s regardi��g the validity; izitet�pretatiaii o�• performance of any of itis telnis or af any rights or obligations of tlie pai-ties to tllis Abreement shall be governed by Califarnia law. If any claim, ati 1aw oi• otherwise; is made by either party to t11is Agreement, the prevailing party shall be entitled to its costs and reasonable attoineys'fees. Any claim or lawsuit pertaining to this Agreeznent shall be filed and litigated pnly in the Supe��ior Gourt of the Caunty of Shas#a; S#ate of Califor-nia. B, Tllis doctament, including all exhibits; cot�tains the entite agreement between the par•ties and supersedes whatever oral or written undegstanding each may haVe had prioi to the execution of this Agreement. This Agreement shall not be altered, amended or modified except by a writing signed by City and C�ntractor.No verbal agreemeilt or canversatio�� with any official� officer, agent or employee of City, eitlier befot�e,du;�ing o�after the execution of this Agreement;shall affect o1°modify any of tlae terms or condrtions coiltained in this Agreement, nor shall any such verbal agreetnent or• eonversation entitle Contt•actor to any additional payment whatsoever undei•the terms of tliis Agreement. Fage 26 Co�zcession Agreen�ent for OperaPion of�'ublic d'arkin�F�cil�ties C: No covenant or condition ta be perfortned by Contractor under tiiis Agi�eement can be waived except by the writtell canser�t of Gity.Fot�bearat�ce c�r itzdulgellce by City in any c•e�ard whatsoever shatl not constitute a waiV�r of the covenant ar condition in questian. Until performance by Cocltractor of said coveclatit ar� coi�dition is complete, City shall be entitled to invake any remedy available to City under this Agreement or by law or in equity despite said farbearance or ind�.ilgence: D. If any portian of t11is Ag��eenlent o1 the applicatit�n thereof to any pe�•son or circutnstance sl7all be invalid or unenfarceal�le to any extent; the�•e�nainder of tlZis Agx-eemer�tshall��ot be affected thereby and shall be eiiforced to tlae greatest extent permitted l�y lavv. E. The 1leadings in this Agreement are inserteci fo�• colavenielice only and shall not coz�stitute a part laereof.'A waiver•of a��y party of aaly provision o1•a bl-each of this Agreementmc�st be provided in writing, and sllall not be construed as a waiver of any ather prQvision or� a1�y succeeding breach of the same or any otl�er provisions herein. F. Each pat•ty hereto declares and represents that in entering inta this Agreement; it has z•elied and is relying solely upoil its own judgment,beliefarid knocvledge ofthe nature, extent, effect and cansequence relating theteto. Eacl�party further declal-es and represents that this Agreement is made withol�t reliance upon any staternent or repi•esentatioi�not co��taiiied herein of atxy athei°Party ar any re�resentative, age�it oz� attorney of t(1e otl�er party."The parties agree that they are aware tllat tl�ey liave the right to be advised by coui�sel with respect to the negotiations, terms, and cai�ditions of this Agreeme�tt arld ti7at the �iecisioi� af whether ar ��c�t to seek the advice of counsel witl� respect to #l�is Agreelnent is a decision whicl� is the sole responsibility of each of the pat�ties. Acco�•dingly,no pat�ty sliall be deemed to have been th� drafter hereof, and the principle of law set fortl� in Civil Code § 1554 that cantracts are construed against the drafter shall not apply; H_ Iii the event of a conflict betw�en the term acad conditians of the body of this Agreexnent and those of any exhibit oi�attachlnent hereto, tl�e terins and conditions set fortli in tl�e body af tllis Agreement proper sllall pi•evail. In tlle event c�f a catlflict between the terms and conditions of any two ol• more exhibits or attachments hereto, those prepared by City shall prevail over thase prepared by Contractor, 40. �3I1�11?ING t�l�i HEIR� Al�TI! �UC��SS���. This Agreement shall be binding an and shall inure to the benefit of tlte heirs,executoi-s, administrators,successors; and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment af this Agreement o�� any i�lterest iii the Agreement by Coi�ti:ac#ar except as pravided in Section 27 of this Agreement. Page 2� Co�cessir�n flgreementfor°�pert�tiarz ofPtablic d'arkin�Frtcilities 41. REff'I2E�ENTi�TI"V��. A. City's representative far tliis Ag��eernent is Ken Griggs� telephone number (5 i0} 224-4321. All of Contractor-'s questions pertaining to this Agreement shall be referred to the above- named pei�soil, or to the rept•eseiltative's designee(s). B, Contractor's representative for tlzis Agreement is Chris Howley,telephane number (401) 443-05$S, All of City's questions pertaining to this Agt�eement shall be referred to the above-nalned persan, or to tlie representative's designee(s). C: The representatives set farth herein shall have authority to give all natices rec�uired her�e`in: 42. 1��TICE�.All notices or other communications required oi�perinitted by this Agreement must: 1) be in writing; and 2) delivered to tl�e parties at the addresses provided below, or any other address or numl�er that a party may designate by notice to tile other party, and are considered delivered: 1} upon actual receipt. if delivered personally ar by email,or an over'night delivery service; a�1d 2) at the end of the third busi�zess day after the date of deposit in the United States mail, postage pre-paid, certified, return receipt reqtaested. Ta City, Ta �ontr�cto�-: Rec�ding Regiotaal Aiz�port LAZ Parking California,LI;C Attn: Andrew Solsvig Attn: Chris J.Howley 6751 Woodrum Circle,�.200 1 Financial Plaza,Fioor 14 Redding, CA 96002 Hartford,GT 06103 �sc�i��r��t`���i rc��r�dciira .c�r�; �l��s�l��r cl��a��aa��%,c��n 43. AIJTHOI2�TY 'I'(? C01�1T CT. A. Each of the undersig�ied siguatories hereby represents and warrants that they are autharized to execttte this Agreement on behalf af the respectiVe parties ta tllis Agreement; that they have fuil right, pawer and lawfui authority to undea�take all abligations as provided in this Agreement; and tlaat the execution, per-formance and delivery af this Agreement by said signatoi-ies has been fiilly authorized by a11 requisite actions on the part of tlie respective parties to this A�reement. B_ When the Mayor is signatory to this Ag��eernent, the City Manager atid/or- the Department I�irector having direct responsibility for managing the services provided herein shall have autharity to execute any amendment to this Agreement which does not increase the amount of campensation allowable to Cantractor or otherwise substantially cl�ange the scope of the services provided herein. Przge 28 CnncessivYz Agreerrient for�4peracatrvn of�'cahlic�P�rki�ag Facilities 44. TIME (�F'ES�ENCE,Tirne is of the essence of this Agreemez�t and of eacl� a�id every provisic�n tl�erein: 45. DA7CE OF AGREEMENT. Tt�e date of this Agreei��rent shall be the date it is signed by tl�e City. IN WITNESS WHERE(?F, City anrl Cailt�:actor have executed this Agreerrtent oi� the days ai�d year set forth below: L:HI 1 Vi` lOL`Vl./Rl\l3y A Municipsal Corporation Dated: ,2Q25 Sy; �ARRY TIPIPIN,City Manager ATTEST: AI'PRClVED AS TO FORM: CHRISTIAN M. CURTIS C' F � CCJ��-'� G�etch�n Stuhr �tSS1��r�Ct� �iI�X r��('?C(1E.'jt SHARLENE TIPT�N, City Clerk By: Christian M. Curfis, City Attorney CONTRACTO LAZ FA �� L F � A LLC ��,, �y � e.��_ A . m �y: . . � . . . Attachrnents: � � t Exhi6at A -Diagr��rz of�a�Lzin�Facilities Exhibit B`—PZanneu"Parkittg Lvt Layout Plan Exhibat C'—Prvposed Pez�king F�zcility Imprvuernents by Opercztor Exhibit D—Amor�tizatiara o,f'Cancessaonc�ire Intprove�nents by Ope�°�ttor Exhibat E—Gener�l�ederal��°avisavns Pa,,e 29 �../ ' IT��I � --�To WOC)QRU�fl CIR Airport R�ad �� � ro m Q �c�n—— � m CL 5' x 9' Exit Booth � � � �, � I Pedestrian AGG255� � � m � � � _ � �P�y S�a ' � � -� -ra � :� Rirpart Road - en � _� —_.._ � � Terminai � � _ cY.. � Employee Parking Employee� t�arking Employee P'uk�lic Rarkir�g Fa�ility {329 Sp��es) pa���"� C7isabled Parking-Check Pasted Rates Veterans Parking - Short Terrn Only Short-term Parking: 0-4 Hours Free Long-term Parking: Check Posted Rates � GI.r? �I�I.rS��� MTG.DATEt DEVELOPMENT SERVIGES DEPARTMENT ' '� �7 �j DATE PRODUCED ITEM: Ma"h5,z°z� public Parking Facifity � ° 50 °°°�e$` Redding R�gional Airport ATTACHMENT: P�ti4� ortUAa DocumenislConlrolFarkin Faalil��ExhbilA-&Sx91�.mxtl .. . .. . rv�saai 3 �� ir�i:ro+ta aoaroxa .j.(�f��(.,��JtJa�Q ...... 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J,. =O � Contractor will furnish, instali, and' commission the p�rking revenue-cantral imprt�vements required under this Agreement, including: � Licens� Plate Re�ogniti�n (LPR) entry and exit system with su�porting software. � ADA-compliant pay-by-plate p�rking stati�ns or�quivalent mobile-payment solution. � Necessary nefiw�r�, �c�wer, and�ommunications infrastructure. � W�y-finding; rat�, and regulatory signage/markings needed to support the ab€�ve equipment. • Cu�tomer-facing FAQ and relatet� educational materials. All equipm�nt will be new and unused. H�rd�ar� �nd �ca ar�; � Number of lanes:3 � LPR cameras: 11 (ineludes four dedicated to the nested shart-term lot) � Vendor quote term for softwarelsupport:60 mont�s H�rclware and Ins�all�tic►r� ��ymer�t; Equipment purchase and installation will be provided by Paralign at no cost to fihe Gity under a five-y�ar crperating term ir� exchange for the Contra�tor's right#o ret�in citation revenue. The Cantractc�r uvill handle the full instailatian through its projec#-management team. One-time capital investm�nt by Contractc�r (for bondinglreference): $8�,325. Plans, specifications; and pl�cement wil(be submitted to the Airports Manager fc�r apprt�val prior to installation. Work will be�in October �1, 2025 and reach substantial cc�mpletion by t7ctober 15, 2025, cc�ardina#ed with the Ci#y's pavement schedule. Contractc�r warrants all p�rts and labor f�r a minimum of 6a months and will prc�vide 24/7 remote technical support. The Cantractor's $86,325 investment described in Exhibit C will be am+�rkized Qn � straight-line basis over fihe initiai five-ye�r term (60 months} c�f this Agreement. ff the Agreement is perfi�rmed through its fuli fiVe-year term, the C+antractor shall bear the entire cast of thes�`improvements and nc� reimbursement frt�m the City will be due. The amortizatie�n schedufe for these imprc�vements is prc�vided below and rs incorpor�ted herein by reference. If the Parking Facilities c�nnot be operated for the full fi�e-year term through r�o fault c�f the Gantractor, or'if the �ity terminates thi�Agreement before tl��five-year term ends, the City shalT reimburse the Gontractar f�r the remaining unamorti�ed balance calculated c�n a pro-rafa basis fror°n th� �ffectiWe date crfi such cancellation. Payment c�f the un�mc�rtized balance shall be m�de within thirty {3U) days of canceilation. Arrc���zat;on Sch�dul� C;�i�ul�r:er koan Ae��a��t�nc:� c 3^��..�::.G �tonthty Paym�nt: a'y..?'S� TotaS�Of�Paqn�e�kst �C- � Start C3aEe�:. �c ^:�»5 PayaE€Cl:�ttr � .���.`�C�. Total Inte�eesi Fa�t3s :C<�G•. TataS PaYrra�nt:� . �.."s2�;,',� ��, Falrenera:G.Daie Pay�rtent.aa� Ststeres:E�+aid Frineip�i�Paid To4ai Aaynx�nt Rwnx.arning Bs}aexc..�.. ,Mtv. �G.�..4�. +� 5�`.i..G�4 SI 3U�:..�w.5 S:.»a.,.•5 :�.'.°'v; "? . ....,.� .. 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'_4.wi: 5�� _w'.Gt�� c'.�,.:�.3.*."..'�:� 3T..:.a$�,?'� cS,"'��;4u� • ..... ,C.�G ���'. c".C�u e1�.=:5:?�� S '"�'W l2�,? .�,c .. . .. _u., . ��5 ._ �:,:.:-Mu az =4 UU =_+..:�., ;�, s.�:,w,,� S_,w �.:u -_��,2G`?C 5G �.t;.C�C"� �I..�.a�«;�.. c; «.�u ' `°"5 Sv ff:°:;5 ,�.;• 5�k'�..C•G�. 51. ?�:� '�S� 5,�..�G GEN�RAi:�CI�/1��3:iGHT�PI2t'JVISI�NS In a.li ifis activities within tlie scope c�f its aitport�ra�ra�n,the Coritractu:r a�t�e�s to coznply 1��iti7 pertinent stattites, Exeetitive C�rders, �nd such rules as idealtifed ii�Ti#le VI List oi`Pez-tinent Nonclisct-iminati��1 Acts and Authorities to ensure that�ic�person shali, an tlle grou�e3s of��ace; cc�lc�r, natit�nal o��igin(including limited En�lish praficiency),creed, se� (izacludin�sex�ial ot�i�ntation an� gender identity); ag�, or disability bc e;�cluded from particjpating in any activit��conductecl with o�� benefiting frarn�'ederal�ssista�lce. This pravisian is in addition ta t1�at required by Tit�.e Vl o�tp�e Civil Rights Act of 1964. If ti�i�Contract�r transfers its obligati�n to�nc�ther, tl-�e transferee is abli�ated in the sazne manner as tl�e Corltractc�r. The above pravisian obligates the Ct���tractior for the�eriod cluring�vhic:ll the�roper-t-v is owned, used oz- possessed by the Gantractor and tl�e a:irpoi-t relnai�is �bligated to the Federal.Aviation Aciministi-atian: TitYe't�Y�,ist ofPei•tir�ent Nonciiscrirnit�atio� Acts and Acat�aorifies �uring the perfoXma�ce af this contract,the Ct�ntr�ctc�r, fox°Itself, its assi;�Zees, and st�ccess�rs in interest(herein�fter referred ta as the"Contractt�r") agre�s tc�coc�nply�vith the following ixon- discrimin.atian statutes and aiatho�ities; iraclt�di�ng but nt�t limited ta: � Title VI of the Civil Ri�hts Act of 1964{�2 USC§ 2170Qd et sec�,, 78 stat. 252�(Prahil�its disc��imination an the basis of r�ce;Gc�lor, natio�lal ori�in)7 � 49 CFR p�rt 21 (Non-discrimitiatioiz in Federall}%-Assistcd pl•o�raa3is c�f tl�e Departcnent of Transporiation—Effectuafiion of Title VI of the Civil P.ights A�t of 1964); � Th� Uniform Reiocatial�Assist�nc�e anci I�ea!1°�:t�perty;f1:cq�aisition F'ol�cies Act c�f 1970,{42 USC § 4b�1) (prohibits unfair t�-eatznent�f persoi�s displaced ar wh�se��roperiy has been�cquired be�ause of�ecieral orFedcral-aid pragX�ams a�Yd�rc�jects); • Sectiotl5(?4 of the Rehabilitatior�Act flf 1973 {29 USC § 794 et sec�.);as�rnended(�rahil�its discrimination c�n t��e �i�si�of disabilitY); and 49 CI=R part 2`7{Nondiscrimination cin the I�asis�'f 17isability in Pz•ab ams ar�ctivities Receiving Federal Financial Assistance}; � The A�e Discrimination Act of 1975, as amended(42 US� § 6l'a 1 et sec�,){prohibits discrimin�tion or1 tihe basis ofage); � Airpc�rt and Airway lrrxtprt�vement A�t e�F 1��2(49 USC § 47123�, as arr�ended(�rohibits discrin�itaatic�n base�l on Y�ace, cre�d, colc�r;national t�rigin, or sex); $ The Givil Rights Restt�t�ation Act af 1987 (PL 100-254} (bz•oadened the sca�e; couera�e azid a�plicability�f Title Z1I c�ftl7e Civil Rights Act csf 1964;the�ge Discrirnznatian Act of 1975 and Section 504 of the l�ehabilitatio�l�ct of 1973, by expariding the definition afthe ternas"pr�agratns 01•acti�rities"tc� include all�ft11e programs or activities afthe Federal-aid i�ecipients„sub- recipients and contractors,whether such prograrns or activities are Federally firnded or not); � Titles II and IIT of the Americans �vith t7csabxlities f1�t of 799�{�2 USC § 121t�1,et,seq) (Prohibit discr�iyl�i�laticrn an the basis of disability il�the operatic�n of�ltblic entities, �liblic and private trat3sportatian systetn�, pla,ces of public acco�nrr�odatian, and certain testin�entities)as implemented by U,S. Dep�rtr��ent of Transpor�atian re�ulations at 49 CFR}�arts 37 and 38; � T'he Federal t�viation A�iminist�•ation's No���fiscrirnination stat�:tte(49 TJSG �47123){prohibits disc��it��i�ation on�l�e 6asis of race, colar, national origin, �nd sex); m Executi�ve 0�'der 12$98, Federal Actians to Address Enviro►xrnental J�istice in Minority Populatio�is anci Low-Income Pc�pulaticrns(ensures rzoi�discriminatic�n against miz�ority po�ulatians by discouraging programs, policies, and activities witl�ciis�roportioxiate:ly�igh and adverse huma�i healtls or environmental effects on 1ni�it�rity and low-ir�come�o�ulations); � Executive Orde�� 1�166, Iniproving Access tc� Services f�r Pe�-sans ��+i1h Limited English Pro�ciency, �nd resuiting ageney guidance;national origin discrimitxation includes discriininafiion because of liilzit�d En�lish�roficiency{LEP�. Ta enstire compliallce v�%ith Title VI,vc�u must take reasonable steps ta enstire that L:.EP persons have meaningful access to yaur pragrams[70 Fed. �:eg. 74087{20t15)]; � fiitle IX ai'tl�e�,ducatzon f1.t�iei�dments �f 1972, as amended, �vlricl��rohibits�au franl rliscrimi��ating beca��se of sex in education pragrams t�r activieies (20 USC � 16�1,et sec�). ��mpliane�with 1Vondiserimination Requirez�e�#s: During the pertc�rmar�ce of tlais�ontract,tlle Contractc�l;for itsel.f,its assig�iees; and successors in izaterest(hereinafter referred to as the"Ccarztractor"), a�rees as fol�c�vvs: 1. Com�ii�n�e`�ith�teg�lations: The Cont�•actar(he�•eii�after includes consultants)will camply with the Title V1 List c�f`Pertizlex�.t Nandiscriniin�.tioi�Acts ancl Autht��{ities;as they rnay be a�nei�ded from time to time,which are herexn inct�rpc�rated by�•eference a��cl ynade�part of this contract. 2. Nontliscrimination': The Contractor,witfl regard to the work per�`c�rmed by it d�aring tt�e cotztr�ci, wilt raot clisci�iminat�c�r�the gro�incls of race, calor, natianal arigi�(includin� limited Engtisk� �rofi:ciency}, creed, sea {includir�g sexual orientaticrza ar�d ge���er identiiy), age, c�r disability in the selection and retez7tiozl of subcontractflrs, including procurements of materials aiid le�ses of ec�uiprnent. The Cor�tractor will��c�t�artici�ate directly or inttirectly in the discc-irnination pr•ohibited by th:e Nondiscrimination Acts and Authc�:xities, ir�cluc3ing�;mployment pr�ctic�s wh��x the contr�ct cavers any activity; prcrject, or prt7g�•arn set ft�rth in Appet�dix I3 of 49 CFR part 21. 3. Sc�lic�taticans for Subcontra�ts� inctuding�r€�ca�reenents a�'il�ater�als and �+quipment: .In all salicitatinzls,either by coinpetitive biddin��r negc�tiatio�a made by the Cc�ntt�actor for work t�be performed under a�ubeontract, including pracu��emet�ts of rnaterials, or leases ofec��.�ipment, ea�h poterttial subcontractor�or suppli�r will be notified by the Cantractor ofthe contractot�'s flbligatians unde:r this ca�itract ancl the Nondiscrirnination t�cts and Authorities on the groul�cls of race; calor;c�r national o�-igin. 4. It�fo�ma�ian an�€12eparts: The Contracto�x��iil provide all in�or�natic�n and repc�rts required by tl�e 1�cts,the R.egulafi.t�ns,�nd clirectives issued put•suax?t thereta and wil;t per�nit acc;ess to its books,recorc�s, accounts, other sources of infor�natiorl,�nd its fa�'rlities as ma�r be determined by the Sponsor or the�'ederal Aviation�ld�ni��istratia��to be per�tiner�t ta ascerkain co�npliance witl�such Nondiscrimination Acts and Autharifies and in�ty-uctions. Where an}�infarm�tio�1 rec�uired of a ct�ntractc�r is in the e�:clusive possessic��1 of another�vho fails �r refuses ta fur7�ish tlle information,the Cc�ntractor t��ill so certil`y to tlie Sponsor�r the Federal t��riati���Administ��ation, �:s appra�ariate, and will set fortl� what ctfoz�ts it has made to obt�i�i the infonnati,��x. 5. Sanctians f�sr IYo�coznpli��tee: In the eve�it o�'a Contractc�r'� nanet�mpliance with t11e non-discriminatidn pravisi�ns af this c�ntract,the 5poi1sol•r�viil impose s��ch contr�ct sa�ictioixs as it or the Federal Avration�ldmini�tration may detenniixe ta be a}�prapriatr., ii�cluciing,but not limitcd to; a, With:hbldin�paymzirts to tlze Coiltractar l�nder the contract uz�til tl�e Cont�•actar �omplies; andlor b: Cancelliii�,termi��atin;, or s��spending a co��tract, in whole or in��rt. 6. Incorporati4n of Proe�isi�ns: Tile Cc�tltt•actor will inclzzde the provisit�ns of pat�agraphs one tl3ruugh six iri evety stti�ct�c7tract, in�luding procurements�frnatei-ials and leases of equipmenf,unle$s exeinpt by the Acts,the Regulatic�ns, and directives issued pi�rsuant th�reta. The ContE�act4r will take actic��7 with respect�o at7y subcontract ar proc�,�retnet�t as the Spons�r ar lire Fedei-al A��i3tiaz�Administration rnay direct as a rnea��s of el7fai�cil�� such prtivisions inclladin;sanctions for noncoin�iiance: �'ravicied,that ifthe Contractor becr�mies involved in, ar is threatened with 1iti�atian by a subcontz•actoi-, or sti�pplier beca��se of st�ch directian,the Cantractor may request the Sponsor to enter intc�any litigation to protect t11e irnterests c�f tlie Sp�i�sc�r. In �ddition,tl�e Cor1fi�•actor may r�qtiest tt�e United States to e�Yter ii�lo the litigation to protect the intere�ts <>f the United States. �EIl�E�,�L aC�Vi�,RI�HT�PRt�V��IC�I`dS In all its activities within tlae scc�pe�f its air�ort program, the Cc��tractor agrees to cvmply wit17 pertinent statutes, Executive t�rders; a�ic! su�:h rules as identified "rn Title VI L#st c�f Pertinent Nondiscrimination Acts and Authorities ta ensure th�t no�erson shall, c}n t�re���ouxi�is�f race,c�lor. natior�al�x�igin(includi�lg iirnited Engl'rsh proficiencY), creecl, sex(iilclt�ding sexual crrientati:on si�d gende,r identit}�}, a�e, c�r disability be e�cluded frarr� participatin� iz� any�ctivity canducted witll ot• benefiting fi•om I�ederal assistance. This provisio�z is in addition to that reqtri��ed t�y Title VI of the Civil Rights Act of 19�4. If tlle Cc�ntr�ctor trans�ers its obli�ation to anather,tl�e trar�sfex-ee is cibli�ated in the saine manner as the Contractc�r; Tl1e�bove provision obligates tl�e Car�tractor fc��•tlie peri�d ciurin�whicll tlle pg-operty is�vvned, used ar possessed by tl�e�ontraclor ar�ci the airport relnaiiis c�bligated to the Federal Aviation Adniinistration. °�itl����ist t�f Ye�tinent l�andiscrimi��tian tict� and Authoritres I:?uring tlie performance of`this contract,th�e Contraetr�r.>for itself, its assibnees, and successors in interest(herei�iafter referred to as tl�e"Contractor")a�y�es tt�carrxpl�with the folIor�vi.ng non_ ciiscriminatics�statutes and altthorities; including but not li�nited ta: � Title VI af the Civil Ftights Act of 1964(42 USC � 2000d et sc�g., 78 stat. ?S2} (prot�ibits discriminatiotx t�n the �asis of race;cc�lor, national c�rigin); � 49 CFR�ar-t 21 {Na1�-discriminatian in Federally-�ssisted prngi�ams o�'the Dep�rtment af Tra�lsperrtation—Ef�'ectuation ofTitle VI of tl�e Civi! fti�fzts Act of 1964}; � The Uniform Relncatic�n r�ssistance and Re�l Praperty Acquisiti€�t1 T'c�licies Act of I970,(42 USC §4601)(prahibits ui�fair treatment of persans displaced ar whose praperty has been acc�uired becatise of�ederal or.Feder�l-aicl programs az�c� prc�jects), � Section 504 c�fthe Rehabilitatia�� �lct of 1973 {2� USC � �94 ctsec�.}, as amen�letl(prahibits discrimiz�atic�i�on t(ae basis of disal�ilitY);�iid�9 C�R pa�-t'�7 (Nondiscrimir�ation ozi the Basis-of UisabiLit� in Pro�ra�ns ar flctivities Receiving Federai�inancial Assista��ce); � The Ag� Dis�riminatit�n Act t��'1975, as amended(42 USC § 61fl1 et seq.)(�3rohibits discrirnination on the basis of age}; + Air��rt and.Airway Izn�3rov�ment Act of 1��i2{49 USC � 4'7123), as amended tprahibits discriminatifln based on raee, cx�eed, cc�lox-;natior7al origin, or se�); � The Civit Rights RestoratioF�Act of 198'7(1'L 100�259){braadened the sco}�e, coverage and applicability of Title VI af tl�e Civit IZibhis Act of 196�1, the Age Discriminatic�n Act of 1975 and Section 504 of the Rel�abilitatic�n Act of 1973, b}j expandiz�g the definition af tlle teims"progr�ms or acti�ities"ta include all of the programs or activities of the Federal-aid recipients, sub- recipients and cQntractors, whether such prc�grarr�:s or activities a��e Fed�rally funded ar not)� � Titles II a��d III of the Americans with Disabili�ies Act af 1990(42 t1SC § 12101,�t se�) (prc�hibit discriminati�n on the basis of disability in tl�e operat7c�n of p�ablic entiti�s, pul�lic atld private tr�nsp�rtation systezns, p.laces of public 1ccc�inmodation; and certain testing entities)as iznplernented by U.S.I7epartment of'Transportation regulations at 49 CI'R parts 37 and 3�; � Tl�e Federal Awiation t�dminzstratic�n's Nt�ndiscrimination statute(49�7SC � �7123){prohibits discrimin�tioi��n tl�e basis of race, coloi�, ilational origin, and se�c); � Executive Order 1289$, Fede1•al Actions to Addr•ess Environmental Justice in Minarity P�pulatiot�s and Law-�Inc�me Popul�tiai�s(et�s��res nandiscrinziilatian a�ainst ztzinority b. �aiacellin.g;,terminating, c�r suspendil3�a contrac,t, in whole oY� in�art. 6. Ancorpor�tion o�Provrsicsns: Tl�e Cantractor will inclutie th�provisions of��aragra�hs ane tl�eougll s��.in every su�cantraut, including procurements af n�aterials and lease5 of e€{�iipinent,iinless e�empt by the t�cts,tI7e Regulatic�ns,and tlir�ctives issued pursuant theretc�. The Contra�tox•r�ill tal.e actiora�ith r�spect to any subcontract or prcrcixrement �s the Sponsox•oz�t1�e F'ederal Aviatic�n Administr�tic�n m�y direct as a mean�t�fenft�t-cii1� such pravisians including satictions fc�r noncanz�lia��ce. Provided, that ifthe Cc�ntractor becomes invoived in;c�r is threatened with litigatian b��a subeontractor, o�•su�plier becaus�of such directio�l, fl�e Con�ractor may re�uest tl�e Sporlsor tc�enter inta an}= liti�atio�i to pi-otect the interests of the S�onsor. Izi atiditic�n,t�ie CorZh•actol•rnay request the Unitetl States to ent�r ii-�to the Iitigation to protect the int�rests of the l:lnited Staities,