Cincinnati Request for Proposals Parking PARKING CONCESSION

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  • 7/30/2019 Cincinnati Request for Proposals Parking PARKING CONCESSION

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    CITY OF CINCINNATI

    REQUEST FOR PROPOSALS

    CONCESSION LEASE AGREEMENT

    SELECTED CITY-OWNED PARKING ASSETS

    RFP353PARKCONCESSION

    OCTOBER 26, 2012

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    Table of Contents

    I. Overview of RFP Process .............................................................................................................1Introduction .....................................................................................................................................1

    The Parking System ........................................................................................................................1City of Cincinnati and Greater Cincinnati Region .......................................................................... 2

    Overview of Request for Proposals (RFP) .................................................................................. 2

    Overview of Process .......................................................................................................................2

    II. Parking System Description .........................................................................................................4On-Street Facilities in Concession ..................................................................................................4

    Off-Street Facilities in Concession .................................................................................................4

    Future Plans ....................................................................................................................................6

    Historical Parking System Revenues and Expenses .......................................................................8

    Revenue ..........................................................................................................................................8

    Operating Expenses and Net Income ..............................................................................................8

    Downtown On-Street Transaction Volume................................................................................... 11

    Rate History .................................................................................................................................. 11

    Enforcement and Collection ......................................................................................................... 12

    Defeasance of Debt ....................................................................................................................... 13

    III. Investment Highlights ................................................................................................................. 14IV. Offeror Requirement and Evaluation Criteria ........................................................................ 15

    Technical Capability ..................................................................................................................... 15

    Financial Capability ...................................................................................................................... 15

    V. RFP Submission Requirements and Procedure ....................................................................... 16RFP Submission Requirements ..................................................................................................... 16

    No Liability for Costs and Hold Harmless.................................................................................... 16

    Disclosure of RFP Responses Pursuant to a Public Records Request .......................................... 16

    Data Room .................................................................................................................................... 17

    Format and Required Information for RFP Submission ............................................................... 17

    Consultant to the City of Cincinnati ............................................................................................. 19

    RFP Submission Instructions ........................................................................................................ 20

    RFI Submission Instructions ......................................................................................................... 20

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    Post RFP Submittal Date .............................................................................................................. 20

    Appendices

    Appendix A Required Agreement Major Provisions

    Appendix B Summary of Key Terms

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    RFP353PARKCONCESSION page 1

    I. Overview of RFP ProcessIntroduction

    The City of Cincinnati (City) has engaged Walker Parking Consultants/Engineers, Inc. (Walker) asowners representative and to assist in evaluating a long-term concession lease for selected City-ownedparking assets, including 6,000 on-street spaces (of which approximately 5,700 are metered), 2,528 off-street spaces in four parking garages and three surface lots and an additional 725 spaces in a proposedparking garage. Collectively, the subject parking assets are referred to as the Parking System. See theappendices for some key terms of the proposed agreement, between the City and the successful offeror(the Agreement). The following are the primary objectives of the City:

    To maximize the amount of capital contribution paid under the agreement, while maintaining thecustomer service levels and high safety and security standards of the existing Parking System;

    To receive a minimum upfront payment of $40 million, of which a minimum of $20 millionshould be from the on-street component;

    To maximize the Citys share in the future revenue stream associated with the Parking System;and

    To complete the development of the proposed Sycamore Garage mentioned herein.The City seeks a third party to provide the necessary capital for expanding its parking system and toexecute the completion of the proposed Sycamore Garage using the team selected by the City. Publicsources of financing may be available to assist with funding the Sycamore Garage. Moreover, the thirdparty would operate and maintain both the existing parking structures and once operational, the SycamoreGarage.

    To summarize, the City is expecting that the successful offeror will complete the following scope of workafter the Agreement has been mutually accepted and executed:

    Operate existing on- and off-street parking facilities comprising the Parking System; Provide project financing and manage development of proposed Sycamore Garage; and Manage effort to construct proposed Sycamore Garage and operate Garage once built.

    The Parking System

    The Parking System consists of the following assets:

    6,000 on-street parking spaces (of which approximately 5,700 are metered); 545-space Garfield Garage; 396-space Fountain Square South Garage; 418-space Gramercy Garage; 623-space Broadway Garage; 260-space Seventh Street Garage to be replaced by proposed 725-space Sycamore Garage which

    will be completed by the successful proponent, using the team selected by the City;

    60-space Third and Butler Lot and adjoining 165-space L&N Loop Lot which are operated as onefacility;

    32-space West Central Lot; and 29-space McFarland Lot.

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    RFP353PARKCONCESSION page 2

    City of Cincinnati and Greater Cincinnati Region

    Cincinnati USA, a global business center, is the headquarters of nine Fortune 500 companies and home tomore than 300 foreign-owned firms. The Cincinnati-Northern Kentucky International Airport, home to aDelta Airlines hub, and Cincinnatis location on the Ohio River and Interstate Highways I-71, I-74, and I-

    75, provide accessibility to customers and suppliers across the USA and the world.

    The City and region have some of the top college talent in the nation at Xavier University, the Universityof Cincinnati, and Miami University. Nineteen junior colleges and technical institutes are located within30 miles and private K-12 districts are plentiful. Cincinnati Public Schools boasts the best public highschool in Ohio, and is in the process of renovating or replacing every school in its system.

    Cincinnati USA is one of only a dozen USA cities that has all five major arts disciplines represented(ballet, opera, art museum, symphony, theatre) and is home to the fifth-oldest symphony orchestra and atwo-time Tony Award-winning Playhouse in the Park.

    The region has several established clusters in financial services, consumer products, chemistry, plastics,

    automotive suppliers and aerospace. Clusters are being developed in advanced energy, creative services,information technology, and biosciences.

    Overview of Request for Proposals (RFP)

    For the purposes of this RFP, the following definitions apply:

    Team or Offeror means an individual, a company, or a consortium of individuals and/orcompanies formed to undertake the transaction; and

    Team Member means a member of a Team.This RFP provides an opportunity for Offerors to formally express their interest in proposing on the rightto control and manage the Parking System in accordance with the terms of the Agreement. Sections IIand III of this RFP provide an introductory description of the Parking System and include investmenthighlights of the Agreement. Section IV summarizes the required Offeror qualifications. Section V liststhe RFP submission requirements and procedures.

    Those interested in proposing on the Agreement should respond to this RFP no later than 4:00 PM

    Cincinnati time on November 26, 2012. Based on the responses to the RFP, the City of Cincinnati willevaluate the proposals, develop a short list, and invite firms to participate in an interview. There are norestrictions as to the number of Offerors that may be considered. The City of Cincinnati retains the rightto refuse any and all proposals and Offerors that submit proposals do so at their own expense without anyreimbursement from the City of Cincinnati.

    Overview of Process

    After receipt of a Letter of Interest submitted to potential Offeror by the City, interested parties willreceive access to additional information concerning the Parking System and the proposal process,including this RFP. Offerors will have the opportunity to conduct due diligence of the Parking Systemthrough (i) access to an on-line data room; (ii) Parking System tours and additional inspections by Offerorrepresentatives; and (iii) review and discussion of this RFP and appendices.

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    RFP353PARKCONCESSION page 3

    If the final proposals received at the conclusion of the solicitation process meet the objectives of the City,the City will, at its sole discretion, select what it deems to be the best proposal for the City and enter intothe Agreement with the successful Offeror (the Concessionaire) relating to the entire Parking System.The City reserves the right to modify or terminate this solicitation at any stage if the City determines thisaction to be in its best interests. The receipt of proposals or other documents at any stage of either theRFP or the proposal process will in no way obligate the City to enter into any contract of any kind with

    any party.

    Approval by the Citys Council will be required before the Agreement is completed. The Agreement willbe a long-term agreement granting the Concessionaire the exclusive right to, with limitations, furtherdevelop and operate the Parking System and with limitations, to collect parking and advertisingconcession revenue from the Parking System during the agreed-upon term of the Agreement. Uponentering into the Agreement, the Concessionaire will make a capital contribution as per the Agreement.The primary objective of the City is to maximize the amount of the capital contribution under theAgreement, while providing parking at competitive market rates and maintaining high levels of customerservice, safety and security. The Agreement will include standards related to required capitalimprovements and the operation and maintenance of the Parking System, which the Concessionaire willbe required to satisfy.

    In addition to fulfilling the capital contribution, the successful Offeror will be required to finance andoversee construction of the Sycamore Garage using the team selected by the City, which will revert toCity ownership at the end of the lease term. The Offeror will be required to operate and maintain thisnew parking structure, plus the existing facilities mentioned herein.

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    RFP353PARKCONCESSION page 4

    II. Parking System DescriptionThe Parking System in the concession includes 6,000 on-street spaces (of which approximately 5,700 aremetered), 2,528 off-street spaces in four parking garages and three surface lots and an additional 725spaces in a proposed parking garage. The 300 spaces not currently metered are either part of The Banksproposed development or are presently truck or loading zones. A more detailed description of thefacilities follows.

    On-Street Facilities in Concession

    All 6,000 on-street spaces controlled by the Citys Division of Parking Facilities are to be included in theconcession. Approximately 5,700 of these spaces are now metered. The distribution of the 5,700 meteredspaces throughout the City is shown on the following table.

    Table 1: Distribution of On-Street Meters and Rates

    Area Rate MetersDowntown $2.00/hr 1,907

    Over-The-Rhine $0.50/hr 760

    Other Neighborhoods $0.50/hr 3,040

    Total 5,707

    Other Neighborhoods include but are not limited to OBryonville, University of Cincinnati, Clifton,Northside, Hyde Park, Mount Lookout, and Oakley. New parking meters that accept credit cards werefully installed in Downtown in August 2011. A full breakdown of metered spaces by area will be madeavailable.

    The Concessionaire will have the flexibility to install meters at 200 on-street spaces that are part of TheBanks development and 100 other spaces that are not currently metered, subject to the City Managersapproval.

    The Cincinnati Streetcar project, which is funded through Phase 1, would result in the permanent removalof 53 metered spaces. In addition, during construction of this project, the curb would be closed in 2 to 3block intervals for multiple months. Track installation is scheduled to begin in 2013 and details will notbe available until January 2013.

    Off-Street Facilities in Concession

    Four garages (Garfield Garage, Fountain Square South Garage, Gramercy Garage and Broadway Garage)and three surface lots (Third and Butler/L&N Loop, West Central and McFarland), totaling 2,528 spaces,are included in the concession. The Seventh Street Garage, an aging facility, is also included but will bereplaced by the Sycamore Garage.

    City-owned facilities that are NOT included in the concession are the Washington Park Garage, U-Squareat the Loop Garage, Town Center Garage, Fountain Square North Garage, Fifth and Race Lot, Third andCentral Lot, John Street Lot and Renaissance Lot. The Fountain Square North Garage is owned by the

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    RFP353PARKCONCESSION page 5

    City and managed by the Cincinnati Center City Development Corporation under a long-term leaseagreement with the City.

    A description of each off-street facility included in the concession Parking System follows.

    Garfield Garage

    The 545-space Garfield Garage is located at 13 West 9th Street, on the south side of 9th Street betweenRace Street and Vine Street. It is an above-grade facility with eight levels and was built in 1982 usingcast-in-place, post-tensioned construction. It is open 24 hours a day, 7 days a week and offers bothtransient and monthly parking, with a $6.00 daily maximum and $95.00 per month, respectively. ThisGarage provides convenient parking serving the northern portion of the Downtown area including themain branch of the Cincinnati Public Library, The Phoenix and shops and restaurants located on CourtStreet, Garfield Place and Vine Street.

    Fountain Square South Garage

    The 396-space Fountain Square South Garage is located at 416 Vine Street, on the east side of VineStreet, between 4th Street and 5th Street. It is a below-grade facility with two levels located underneath theWestin Hotel. It was built in 1978 using cast-in-place, conventionally reinforced construction. It is open

    24 hours a day, 7 days a week and offers both transient and monthly parking, with a $15.00 dailymaximum and $195.00 per month, respectively. This Garage provides convenient parking serving thecenter of Downtown as well sports venues, including the Great American Ball Park and Paul BrownStadium.

    Gramercy Garage

    The 418-space Gramercy Garage (also known as Elm Street Garage) is located at 710 Elm Street, on theeast side of Elm Street between 7th Street and 8th Street. It is a below-grade facility with four levels andwas built in 1991 using cast-in-place, post-tensioned construction. It is open 24 hours a day, 7 days aweek and offers both transient and monthly parking, with a $7.00 daily maximum and $100.00 per month,respectively. This garage provides convenient parking serving the west side of Downtown whichincludes the Duke Energy Convention Center and Cincinnati City Hall.

    Broadway Garage

    The 623-space Broadway Garage (also known as 7 th and Broadway Garage) is located at 351 East 7thStreet, on the south side of 7th Street between Sycamore Street and Broadway Street. It is an above-gradefacility with five levels and was built in 2002 using cast-in-place, post-tensioned construction. It is openfrom 6:00 AM to 11:00 PM Monday through Friday and offers both transient and monthly parking, withan $8.00 daily maximum and $135.00 per month, respectively. This Garage provides convenient parkingserving the east side of Downtown which includes Procter & Gambles headquarters. The City has anagreement in place that calls for a flat rate of $127.77 per month through March 2015 with three five-yearoptions thereafter that define rate increases. The Concessionaire is expected to honor this City agreement.

    Seventh Street Garage

    The 260-space Seventh Street Garage is located at 702 Sycamore Street, on the north side of 7th

    Streetbetween Sycamore and Broadway Streets. It is an above-grade facility with three levels and was built in1957 using conventional reinforced slab construction. It is open 24 hours a day, 7 days a week and offersboth transient and monthly parking. The daily maximum rate is $8.00, monthly rates are $90.00(unreserved) or $130.00 (reserved) and the special event rate is $10.00. This Garage provides convenientparking serving the east side of Downtown, the Aronoff Center, Hamilton County offices, and theHamilton County Justice Center.

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    RFP353PARKCONCESSION page 6

    Third and Butler/L&N Loop Lot

    The 60-space Third and Butler Lot and 165-space L&N Loop Lot are adjoining lots that function as onefacility located on the south side of 3rd Street just west of where Butler ends at 3 rd Street. Portions arelocated underneath U.S. Highway 50 which is elevated overhead. It is open 24 hours a day, 7 days aweek for monthly parkers and staffed during load-in for special events. It offers transient, monthly andspecial event parking with a daily maximum rate of $3.00, $55.00 or $65.00 per month, and special event

    parking ranging from $3.00 to $25.00, depending on demand. This lot provides convenient parking forthe Great American Ball Park, US Bank Arena and the Taft Museum of Art.

    West Central and McFarland Lots

    The 32-space West Central Lot is located at 321 Central Avenue, on the west side of Central Avenuewhere McFarland ends. Across the street is the 29-space McFarland Lot located at 308 Central, thesoutheast corner of Central Avenue and McFarland Street. Portions of these lots are located underneathU.S. Interstate Highway 71 which is elevated overhead. It is open 24 hours a day, 7 days a week formonthly parkers and staffed during load-in for special events. It offers monthly parking for $65.00 permonth and special event parking ranging from $20.00 to $30.00, depending on demand. This lot providesconvenient parking for Paul Brown Stadium as well as businesses in the southwest portion of Downtown.

    The following table summarizes rates at off-street facilities. Daily, evening and weekend rates areexpressed as maximum rates for their respective periods.

    Table 2: Summary of Off-Street Facility Rates

    Facility Daily Evening Weekend Special Event Monthly

    Garfield Garage $6.00 $2.00 $2.00 N/A $95.00

    Fountain Square South Garage $15.00 $5.00 $5.00 $10.00 $195.00

    Gramercy Garage $7.00 $1.00 $1.00 N/A $100.00

    Broadway Garage $8.00 $2.00 N/A $10.00 $135.00

    Seventh Street Garage $8.00 $2.00 $2.00 $10.00 $90.00 or $130.00

    Third and Butler Lot N/A N/A N/A $3.00 to $25.00 $65.00L&N Loop Lot $3.00 N/A N/A $3.00 to $25.00 $55.00

    West Central/McFarland Lots N/A N/A N/A $20.00 to $30.00 $65.00

    Future Plans

    The existing Seventh Street Garage is proposed to be replaced by the Sycamore Garage. The new Garagewould have 725 parking spaces and 14,000 square feet of retail. The Concessionaire must use theexisting design-build team comprised of Messer and Moody Nolan. Current estimated cost is $14.2million. The Concessionaire would be responsible for financing and operating the Garage. Taxincrement financing from the adjacent hotel project may be available to help finance the Garage. Notethat if the adjacent hotel project is built, 200 spaces in the Sycamore Garage would need to be availablefor transient parking. This number may decrease if the hotel project is reduced in size.

    The Concessionaire may participate in the development and operation of future City parking facilities,however, the City retains the right to develop its own parking facilities.

    The following map illustrates where the Parking System or subject off-street facilities are located.

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    RFP353PARKCONCESSION page 7

    Figure 1: Locations of Off-Street Facilities

    Third andButler/L&NLoop Lot

    Garfield

    Garage

    FountainSquare South

    Garage

    GramercyGarage

    BroadwayGarage

    West Central/McFarland

    Lots

    Seventh Street/Future Sycamore

    Garage

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    RFP353PARKCONCESSION page 8

    Historical Parking System Revenues and Expenses

    This section includes historical information for the five-year period ending December 31, 2011. Tosummarize, the Parking System generated over $32.5 million in net operating income during this five-year period, or an average of almost $6.5 million annually. Net operating income is equal to total parkingrevenue plus any rent and miscellaneous income, less any operating expenses.

    Revenue

    Revenue is comprised of parking revenue from the seven off-street facilities including monthly, transient(daily, evening and weekend) and special event parking, as well as revenues from the collection of on-street meters and parking citations income. Revenue also includes rent and miscellaneous incomecollected over the 2007 to 2011 period.

    No advertising revenue is currently generated by the Parking System. However the Concessionaire willbe allowed to sell advertising space inside the Parking Systems garages.

    Operating Expenses and Net Income

    The operating expenses for the facilities include all expenses related to the operation of the garages,surface parking lot and on-street meters. These expenses include the cost of personnel, supplies andequipment, routine repairs, maintenance, utilities, insurance and taxes. On-street meter expenses alsoinclude the cost of enforcement. Also shown are annual expenses paid to Hamilton County to handleadjudication and collection of parking tickets.

    The following table shows the annual revenue, operating expenses and corresponding net operatingincome for the years 2007 through 2011. During this period, gross revenue experienced a compoundannual growth rate of over 2%, while operating expenses increased on the average of less than half of onepercent per annum. The net income generated from the Parking System grew at an annualized rate of3.5% during the five-year period.

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    RFP353PARKCONCESSION page 9

    Table 3: Summary of Revenues, Operating Expenses and Net Operating Income (2007 to 2011)

    2007 to 2011

    2007 2008 2009 2010 2011 Total CAGR

    Revenue

    Off-Street

    Parking RevenueGarfield Garage $749,458 $783,874 $837,816 $852,019 $926,636 $4,149,803 4.3%

    Fountain Square South Garage $1,296,964 $1,361,131 $1,414,782 $1,556,459 $1,673,447 $7,302,783 5.2%

    Gramercy Garage $578,646 $581,979 $570,868 $574,284 $566,786 $2,872,564 -0.4%

    Broadway Garage $659,470 $670,866 $613,088 $760,230 $1,193,938 $3,897,591 12.6%

    Seventh Street Garage $274,487 $267,494 $274,921 $289,146 $311,281 $1,417,327 2.5%

    Third and Butler Lot $45,911 $42,318 $44,639 $50,492 $47,580 $230,940 0.7%

    West Central/McFarland Lots $49,708 $57,055 $61,735 $59,445 $71,724 $299,667 7.6%

    Rent and Miscellaneous

    Garfield Garage $648 $505 $463 $387 $324 $2,327

    Fountain Square South Garage $130 $132 $124 $112 $325 $823

    Gramercy Garage $0 $40,003 $0 $0 $0 $40,003

    Broadway Garage $342 $160 $170 $991 $721 $2,384

    Seventh Street Garage $0 $0 $0 $0 $0 $0Third and Butler Lot $0 $0 $0 $0 $0 $0

    West Central/McFarland Lots $0 $0 $0 $0 $0 $0

    Total Off-Street $3,655,763 $3,805,516 $3,818,605 $4,143,564 $4,792,763 $20,216,211 5.6%

    On-Street Meters $2,382,575 $2,489,914 $2,440,675 $2,710,796 $3,271,475 $13,295,436 6.5%

    Parking Tickets1

    $4,511,301 $4,930,995 $4,307,522 $3,844,455 $3,744,769 $21,339,042 -3.7%

    Total Revenue $10,549,640 $11,226,425 $10,566,803 $10,698,816 $11,809,007 $54,850,689 2.3%

    Operating Expenses

    Off-Street

    Garfield Garage $821,852 $810,294 $844,266 $833,021 $895,540 $4,204,973 1.7%

    Fountain Square South Garage $618,470 $638,118 $688,871 $634,689 $553,950 $3,134,098 -2.2%

    Gramercy Garage $423,718 $430,208 $431,089 $442,434 $396,962 $2,124,411 -1.3%

    Broadway Garage $383,774 $397,582 $427,527 $425,036 $480,375 $2,114,294 4 .6%Seventh Street Garage $185,144 $178,715 $207,103 $219,518 $251,674 $1,042,154 6.3%

    Third and Butler Lot $5,295 $5,966 $5,942 $23,149 $25,707 $66,059 37.2%

    West Central/McFarland Lots $2,642 $3,101 $6,979 $39,269 $21,787 $73,778 52.5%

    Total Off-Street $2,440,894 $2,463,985 $2,611,775 $2,617,117 $2,625,995 $12,759,765 1.5%

    On-Street Meters and Enforcement $1,631,385 $1,484,103 $1,652,893 $1,561,592 $1,546,086 $7,876,058 -1.1%

    Contract with Hamilton County $350,000 $350,000 $350,000 $350,000 $350,000 $1,750,000 0.0%

    Total Operating Expenses $4,422,279 $4,298,087 $4,614,668 $4,528,708 $4,522,081 $22,385,823 0.4%

    Net Operating Income

    Off-Street

    Garfield Garage ($71,746) ($25,915) ($5,987) $19,385 $31,420 ($52,842) N/A

    Fountain Square South Garage $678,624 $723,145 $726,035 $921,882 $1,119,822 $4,169,508 10.5%

    Gramercy Garage $154,928 $191,773 $139,780 $131,850 $169,825 $788,155 1.9%Broadway Garage $276,038 $273,444 $185,731 $336,185 $714,284 $1,785,682 20.9%

    Seventh Street Garage $89,343 $88,778 $67,818 $69,628 $59,607 $375,173 -7.8%

    Third and Butler Lot $40,616 $36,352 $38,698 $27,343 $21,873 $164,881 -11.6%

    West Central/McFarland Lots $47,066 $53,954 $54,756 $20,176 $49,937 $225,889 1.2%

    Total Off-Street $1,214,868 $1,341,532 $1,206,831 $1,526,448 $2,166,768 $7,456,446 12.3%

    On-Street Meters and Enforcement $4,912,492 $5,586,806 $4,745,304 $4,643,659 $5,120,158 $25,008,420 0.8%

    Net Operating Income $6,127,361 $6,928,338 $5,952,135 $6,170,107 $7,286,926 $32,464,866 3.5%

    1Parking ticket revenues in 2007 and 2008 are estimated. Actual values will be made available.

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    RFP353PARKCONCESSION page 10

    The following table shows recent 12-month performance for the period September 1, 2011 throughAugust 31, 2012. The Third and Butler Lot incorporates L&N Loop Lot revenues and expensesbeginning in April 2012. For this period, revenues totaled $12.3 million, operating expenses totaled $4.8million and net operating income totaled $7.6 million.

    Table 4: Summary of Revenues, Operating Expenses and Net Operating Income (9/11 to 8/12)

    Total

    Revenue

    Off-Street

    Garfield Garage $941,467

    Fountain Square South Garage $1,673,929

    Gramercy Garage $566,578

    Broadway Garage $1,297,570

    Seventh Street Garage $316,683

    Third and Butler/L&N Loop Lot $135,915

    West Central/McFarland Lots $74,337

    Total Off-Street $5,006,479

    On-Street Meters $3,713,668

    Parking Tickets1

    $3,624,540

    Total Revenue $12,344,687

    Operating Expense s

    Off-Street

    Garfield Garage $914,145

    Fountain Square South Garage $578,231

    Gramercy Garage $377,542

    Broadway Garage $550,783

    Seventh Street Garage $195,737

    Third and Butler/L&N Loop Lot $53,647

    West Central/McFarland Lots $30,267

    Total Off-Street $2,700,352

    On-Street Meters $1,700,241

    Contract with Hamilton County $350,000

    Total Operating Expenses $4,750,593

    Net Operating Income

    Off-Street

    Garfield Garage $27,322

    Fountain Square South Garage $1,095,698

    Gramercy Garage $189,036

    Broadway Garage $746,786

    Seventh Street Garage $120,946

    Third and Butler/L&N Loop Lot $82,269

    West Central/McFarland Lots $44,070

    Total Off-Street $2,306,127

    On-Street Meters $5,287,967

    Net Operating Income $7,594,094

    1Estimated. Actual value will be made available.

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    RFP353PARKCONCESSION page 11

    Downtown On-Street Transaction Volume

    The following table illustrates monthly Downtown meter transaction volume from August 2011 throughSeptember 2012. Cash and credit card transactions are shown as well as the total for each month.Trailing twelve month (TTM) totals and averages are shown at the bottom. During the August 2011 toSeptember 2012 period, approximately 19% of transactions were by credit card.

    Table 5: Monthly Downtown Meter Transaction Volume (August 2011 to September 2012)Period Cash Credit Total % Cash % Credit

    Aug-11 187,979 27,955 215,934 87% 13%

    Sep-11 154,330 27,582 181,912 85% 15%

    Oct-11 149,580 29,263 178,843 84% 16%

    Nov-11 135,001 27,740 162,741 83% 17%

    Dec-11 151,222 31,236 182,458 83% 17%

    Jan-12 140,146 31,103 171,249 82% 18%

    Feb-12 149,037 34,568 183,605 81% 19%Mar-12 161,701 38,864 200,565 81% 19%

    Apr-12 151,292 36,620 187,912 81% 19%

    May-12 161,372 40,645 202,017 80% 20%

    Jun-12 155,008 37,974 192,982 80% 20%

    Jul-12 148,681 35,527 184,208 81% 19%

    Aug-12 164,738 40,562 205,300 80% 20%

    Sep-12 140,852 36,470 177,322 79% 21%

    TTM Total 1,808,630 420,572 2,229,202 81% 19%

    TTM Average 150,719 35,048 185,767 81% 19%

    Note: Off-street transaction volume will be made available.

    Rate History

    Off-street rates have had only one rate increase over the past decade, with a rate increase in 2010.Current rates and prior rates are shown in the next table.

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    Table 6: Historical Rates at Off-Street Facilities

    Facility Monthly/Daily Previous Rate Current Rate

    Garfield Daily $5.00 max $6.00 max

    Monthly $90.00 $95.00Fountain Square South Daily $15.00 max $15.00 max

    Monthly $165.00 $195.00

    Gramercy Daily $6.00 max $7.00 max

    Monthly $90.00 $100.00

    Broadway Daily $7.50 max $8.00 max

    Monthly $120.00 $135.00

    3rd & Butler Monthly N/A $65.00

    L&N Loop Lot Daily N/A $3.00 max

    Monthly N/A $55.00

    W. Central/McFarland Monthly $55.00 $65.00

    The City increased Downtown parking meter rates from $1.00 to $2.00 an hour in August 2010.

    Enforcement and Collection

    The Concessionaire would have primary responsibility for ticket writing for meter-related violations.However, the Cincinnati Police Department will continue to exercise parking enforcement authority at itsdiscretion. Enforcement of the Citys residential permit program, street sweeping restrictions and snowroute enforcement will remain with the City. On-street meters are currently enforced Monday throughSaturday from 9:00 AM to 5:00 PM. Sundays are free. The Concessionaire is free to make adjustments

    to parking meter enforcement hours throughout the City.

    Collection of traffic and parking citation payments, which excludes enforcement and the issuance ofcitations, is currently contracted out to Hamilton County (County). The cost of this agreement is$365,000 annually and is shown as a parking system expense. This agreement between the City andCounty is due to expire on March 31, 2014. The terms of the agreement also stipulate that this agreementmay be cancelled by either party prior to the expiration provided that 12 months written notice ofcancellation is given to the other party. The Concessionaire would be obligated to pay for the agreementfor the first 12 months and then could choose to continue in a separate agreement with the County orprovide adjudication and citation payment collection in another manner that is accessible to the citizens ofthe City. The Concessionaire will be responsible for collection-only parking violations and will notcollect on moving violations.

    The following table shows tickets issued and collection percentage for parking citations from 2005through August 2012.

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    Table 7: Parking Citation Data (2005 to 2012, YTD August)

    Ye ar Ticke ts Is sue d Unpaid Ticke ts Colle ction % Amount Unpaid

    2005 114,260 22,705 80.13% $1,653,080

    2006 100,912 18,098 82.06% $1,312,120

    2007 95,172 17,123 82.01% $1,234,1502008 104,026 14,804 85.77% $1,081,764

    2009 90,873 14,192 84.38% $1,320,760

    2010 78,642 15,691 80.05% $1,505,478

    2011 76,528 15,831 79.31% $1,487,084

    2012 (YTD Aug.) 49,935 14,993 69.97% $1,379,712

    Defeasance of Debt

    Five million in Economic Development General Obligation Bonds were issued in 2010 (Series 2010F of

    the 2010 G.O. Bond sale). The first principal installment of $150,000 was paid on December 1, 2011,and the second $150,000 principal payment will be paid on December 1, 2012. After December 1, 2012,the principal outstanding will be $4.7 million. Defeasance of this debt by the City will occur prior totransfer of assets to the Concessionaire.

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    III. Investment HighlightsThe Parking System has been a stable source of revenue for the City of Cincinnati and although the Citycannot make any guarantees, it is unaware of any future developments that would represent a significantthreat to the continued stability of this revenue stream. The intent of the Agreement is to provide thehighest possible level of customer parking experience and at the same time, maximize the Citys financialreturn from the Parking System, since a Concessionaire may be able to derive substantially moreeconomic value from the asset while providing excellent service for Parking System users.

    Highlights of the Parking System include the following:

    1. Stable Revenues and Growth. The Parking System has experienced strong growth over the pastfive years as revenue growth has outpaced operating expenses, as evidenced by the 3.5%compounded annual growth rate for net operating income.

    2. Flexibility on Off-Street Rates and Hours of Operation. The Concessionaire will have theability to phase in initial off-street parking rates with CPI-based or 4.5% per annum adjustments,whichever is greater, after the initial period and facility hours of operation as desired to reflect

    market and business conditions.

    3. Flexibility on On-Street Rates and Hours of Operation. The Concessionaire will have theability to phase in initial on-street parking rate increases with CPI-based or 4.5% per annumadjustments, whichever is greater, after the initial period and may adjust on-street meter hours ofoperation. Moreover, the potential exists to charge event parking rates at on-street meters outsideof 9:00 AM to 5:00 PM weekday business hours.

    4. Potential Metered Parking System Expansion. Approximately 300 on-street parking spacesincluded in the concession are not currently metered.

    5. Potential to Generate Revenue through Advertising. The Concessionaire will have the abilityto create a new revenue stream by selling advertising space within the Parking System garages.

    6. Barriers to Entry for On-Street Parking. On-street metered parking spaces are some of themost highly desirable spaces due to their proximity to uses. The on-street metered parkingsystem does not and will not have any other direct competitors.

    7. Strong Regional Economy. Greater Cincinnatis economy is diverse with no single industrysector accounting for more than 20% of employment, per the United States Bureau of LaborStatistics (BLS). The leading industry sectors in terms of employment are trade, transportationand utilities followed by professional and business services, then education and health services.Government, manufacturing and leisure and hospitality are also significant industry sectors. Theeconomy has experienced strong year-over-year growth and per the BLS, the currentunemployment rate projected at 6.7% in August 2012, is below the national average.

    8. Geographic Diversity of Parking Facilities. The Parking System includes off-street facilitieslocated throughout Downtown Cincinnati and on-street spaces located throughout the entire City.

    9. Potential Efficiency Improvements through Technology Implementation. TheConcessionaire will be able to improve the efficiency of facility operations, both off-street andon-street, through the introduction of revenue control systems that reduce the amount of laborrequired to collect revenue and offer additional payment methods such as credit card and pay-by-cell, further enhancing the customer experience.

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    IV. Offeror Requirements and Evaluation CriteriaUpon receipt, the City of Cincinnati will assess each Offerors submittal in the areas of (i) technicalcapability and (ii) financial capability. The City may allow changes in the composition of an Offeror(e.g., joint venture, partnership, etc.) and may request clarification or amplification of any response to theRFP at any time.

    Technical Capability

    The evaluation of technical capabilities will address whether the RFP submission adequately responds tothe technical capability requirements of the Agreement with respect to the following areas of expertise:

    Customer service; Operation and maintenance;

    Parking facilities development; Safety and security; and Ability to undertake required capital improvements.

    Financial Capability

    The evaluation of financial capabilities will address whether the RFP submission adequately responds tothe financial capability requirements of the Agreement with respect to the following areas:

    Financial capability to pay the capital contribution due under the Agreement and maintain andupgrade the Parking System;

    Ability to raise financing without any contingencies; and Ability to fund, operate and maintain the Parking System.

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    V. RFP Submission Requirements and ProcedureRFP Submission Requirements

    Offerors shall indicate their intention as soon as possible by returning a Letter of Interest via e-mail to thecontact listed below. Upon receiving the Letter of Interest, the Offeror will be able to gain access toinformation needed to conduct due diligence of the Parking System. RFP submissions should complywith the format provided under Format and Required Information for RFP Submission below.Additional information not specifically related to the Agreement or this RFP should not be included. Allquestions or requests for information regarding this RFP should be directed only to the

    representative listed below. Please DO NOT contact any other officials or related parties at the City

    of Cincinnati. The City reserves the right to disqualify firms for making contact with someone

    other than the following designated representative.

    Mr. Jeffrey ColvinParking ConsultantWalker Parking Consultants6602 E. 75th Street, Suite 210Indianapolis, IN 46250Phone: (317) 842-6890Fax: (317) 577-6500E-mail: [email protected]

    No Liability for Costs and Hold Harmless

    The City of Cincinnati and its employees, representatives, agents and advisors are not responsible forcosts or damages incurred by Offerors, Teams, Team Members, subcontractors, or other interested partiesin connection with the solicitation process, including but not limited to costs associated with preparingresponses, qualifications, and proposals and of participating in any conferences, oral presentations, ornegotiations. By participating in this offer, Offerors, Teams, Team Members, subcontractors, and otherinterested parties assume responsibility for verifying and testing the information provided herein and holdthe City of Cincinnati and its employees, representatives, agents and advisors harmless fromconsequences arising from any misstatements of fact, whether these be material or otherwise. Bysubmitting a response to this RFP, Offerors agree to not contest any selection made in response to thisRFP.

    Disclosure of RFP Responses Pursuant to a Public Records Request

    By submitting a response to the RFP, the Offeror acknowledges that the City is governed by the OhioPublic Records Laws. Notwithstanding any statement in this RFP to the contrary, the Citys handling ofany confidentiality or trade secret obligations are subject to the limitations of this paragraph. Records (asdefined by Ohio Revised Code 149.011 and 149.43) related to this RFP may be subject to disclosureunder the Ohio Public Records Laws. It is incumbent upon the Offeror to mark or designate thoseportions of its response to the RFP that it considers to be a trade secret as defined under Ohio RevisedCode 1333.61. The City shall have no duty to defend the rights of Offeror or any of its agents oraffiliates in any records requested to be disclosed. Upon receipt of a public records request, the City willnotify Offeror of its intent to release records to the requestor. Offeror shall have a maximum of five (5)

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    business days beginning with the date it receives notification to respond to the City by eitheraccommodating the requestor or pursuing legal remedies to stop the Citys release of requestedinformation. Said notification shall relieve the City of any further obligation under any claim of Offeroror any of its agents or affiliates in any jurisdiction in connection with the disclosure of such records.Offeror and its agents and affiliates shall have the right to pursue legal and/or equitable remedies to stopor limit disclosure at their sole expense.

    Data Room

    A Data Room will be available to assist Teams in their due diligence efforts and to provide additionalinformation such as design, operating and maintenance standards. Access will be granted only afterreceiving a Letter of Interest.

    Format and Required Information for RFP Submission

    All RFP submissions should follow the format outlined below:

    1. Cover Page (to include identification of all Team Members)2. Cover Letter (2 pages maximum)3. Table of Contents4. Executive Summary (Optional)5. Team Information

    a. Description of Offeror: Provide a description of the Team, including a description ofall Team Members and the anticipated legal relationship (governance and capitalstructure) among the Team Members (e.g., partners, shareholders, client-consultants,subcontractors, etc.) as appropriate. All equity investors should be identified.

    b. Roles of Team Members and Key Personnel: Briefly outline the roles of the TeamMembers and key personnel. In doing so, please ensure that all the requirements asdetailed in Section IV are addressed.

    c. Financier. Specifically identify the entity or entities that will act as the financier ofthe proposed Agreement.

    d. Operator. Specifically identify the entity or entities that will act as operator of theParking System under the proposed Agreement.

    e. Maintenance Contractor. Specifically identify the entity or entities that will providestructural maintenance and repair services associated with the Parking System underthe proposed Agreement.

    f. Contact Person: Provide a single contact person for all future communicationbetween the Advisor and the Team. Please identify the contact persons name, title,organization, address, telephone number, fax number, and email address.

    g. Controlling Interest: Identify the individuals or companies who hold a major orcontrolling interest in each Team Member.

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    h. Expected Advisors: Identify the companies and individuals who are expected to actas legal, financial, or other advisors for the Team.

    i. Comparable Projects: Provide a list of comparable projects in which Team Membershave participated. Offerors should specify how these comparable projects relate tothe proposed Agreement.

    j. References. Provide a list of Team Member References. These references should beable to describe the relevant qualifications and capabilities of Team Members seekingto take a leading role in the operation and maintenance of the Parking System.

    6. Technical Capability. Teams should address the following areas with respect to technicalcapability:

    a. Operations and Maintenance Expertise: Teams must provide evidence demonstratingtheir ability to operate and maintain a Parking System of this nature and scope.Specifically, the Team should have:

    i. substantial urban parking facility maintenance and operations experience, forboth on-street and off-street facilities;ii. advanced knowledge of parking facilities maintenance, repair, construction, and

    practical application of equipment and materials in parking facility operations;

    iii. demonstrated understanding in parking facility aging behavior to assess anddetermine the applicability of remedial maintenance action;

    iv. all the capabilities necessary to successfully operate and maintain the ParkingSystem including routine maintenance, operations management, parking feemanagement and operations, administration, marketing and public relations, andparking operations.

    b.

    Customer Service: Teams must demonstrate their commitment to achieving thehighest standards of customer service and satisfaction. Specifically, the Team musthighlight its experience and qualifications providing excellent customer service to thepublic. Teams may at their option include additional information concerning theirexperience in maintaining productive ongoing relationships with healthcare entities,similar to the relationship that the winning Offeror will have with the City.

    c. Safety and Security: Teams must demonstrate their ability to address and resolvesafety and security issues. Specifically, the Team should have the following:

    i. knowledge of parking and public safety and security techniques andmethodologies;

    ii. experience in emergency response support; andiii. expertise in relevant parking engineering standards, specifications, policies,

    practices, and processes.

    d. Capital Improvements: Teams must demonstrate their ability to efficiently undertakerequired capital improvements to the Parking System during the term of theAgreement.

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    7. Financial Capability. Teams should address the following areas with respect to financialcapability; moreover, additional requests for financial information by the City may occurthroughout the evaluation process:

    a. The Team should provide enough financial information to demonstrate that they havethe financial resources to successfully execute a project of this nature and scope.

    Specific factors that will be assessed include the following:i. capability of raising debt and equity in the current capital market;

    ii. the number and size of past relevant transactions; andiii. specific experiences on past relevant transactions.

    b. Financial Capacity to Maintain Parking System. The Parking Operator mustdemonstrate their financial capacity to fund and maintain the Parking System for theterm of the Agreement. To demonstrate sufficient financial capacity, the ParkingOperator must provide copies of audited financial statements for the past three years,together with any other relevant financial information.

    8. Business Proposal.a. Financial proposals should be separated into two components, one for on-street

    facilities and one for off-street facilities. For each component, indicate a proposedupfront payment as well as revenue sharing options to include estimates of annualrevenue to be shared with the City. For each revenue sharing option, identify theimpact the revenue sharing option has on reducing the upfront payment, if any. Also,the off-street component proposal should offer a scenario that transfers the SeventhStreet/Proposed Sycamore Garage as outlined herein and another where the Cityretains control of the Seventh Street Garage and handles development of theSycamore Garage.

    b. Provide operating agreement and operating scope of services, including proposed ratestructure for on-street meters and off-street facilities for each Parking System asset,for each of the thirty years.

    c. Document legal terms and conditions of the proposed Agreement.d. A summary of key deal terms is located in Appendix B.

    9. Cincinnati/Local Experience in the past five years.a. List any experience in operating similar type parking facilities in the Cincinnati area.b. List any development experience in the Cincinnati area of similar scale and

    complexity as proposed Sycamore Garage.

    c. List any other projects the Team has partnered on in the past.

    Consultant and Legal Counsel to the City of Cincinnati

    Walker Parking Consultants is serving as a consultant to the City of Cincinnati and is not available toprovide services to any Offeror or participate as a member of any Team. Frost Brown Todd LLC isserving as legal counsel to the City of Cincinnati and is not available to provide services to any Offeror orto participate as a member of any team.

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    RFP Submission Instructions

    Ten copies of the RFP submission and one electronic pdf copy (flash drive or CD format) should bedelivered to the address shown below no later than 4:00 PM Cincinnati time on November 26, 2012. The

    City of Cincinnati may determine at its discretion whether to accept any responses that are not receivedby the date and time set forth in this paragraph. Deliver RFP submissions to:

    Mr. Jeffrey ColvinParking ConsultantWalker Parking Consultants6602 E. 75th Street, Suite 210Indianapolis, IN 46250

    RFI Submission Instructions

    All Requests for Information (RFIs) shall be submitted via email to:

    Mr. Jeffrey ColvinParking ConsultantWalker Parking ConsultantsE-mail: [email protected]

    Post RFP Submittal Date

    Prospective Offerors who are deemed qualified by the City, in its sole discretion, may be asked toparticipate in interviews and possible further due diligence. Following is the approximate timing for theprocess:

    Key Next Step Expected Timing

    Proposals Due November 26, 2012Interviews, Possible Further Due Diligence December 2012Concessionaire Selection December 2012

    The City is interested in a proposal that best represents its interests, which may or may not be theproposal that offers the best financial return for the City. To the extent that the City accepts a proposal, itis anticipated that the financial close will be soon thereafter once parties have reached a mutualagreement.

    The City reserves the right to modify or terminate this solicitation at any stage if the City determines thisaction to be in its best interests. The receipt of proposals or other documents at any stage of the processwill in no way obligate the City to enter into any contract of any kind with any party. Each change oraddenda issued in relation to this RFP will be on file with the Consultant. In addition, to the extentpossible, copies will be mailed to each person registered as having received a set of the RFP. It shall bethe Offerors responsibility to make the inquiry as to changes and addenda issued. All such changes oraddenda shall become part of the RFP and all Offerors shall be bound by such changes or addenda.

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    APPENDIX A REQUIRED AGREEMENT MAJOR PROVISIONS

    At their option, Offerors are encouraged to submit their own sample concession agreement forconsideration by the City of Cincinnati in response to this RFP. The following are several majorprovisions that the City will require as part of the Agreement:

    Retention of Union Labor. The Concessionaire will interview and shall consider hiring current Divisionof Parking Facilities employees for similar positions in their organization. However, the Concessionaireis not required to hire any of these employees. Per Article 49 of American Federation of State, Countyand Municipal Employees (AFSCME) Collective Bargaining Agreement, the Concessionaire, City andAFSCME shall meet prior to transfer of parking assets to discuss bargaining unit member and unionsecurity issues.

    Payment of Taxes. The Concessionaire shall pay when due, all taxes payable with respect of the use,operations of, occupancy of, or conduct of business in or from the Parking System, including any realproperty taxes and parking taxes (if implemented in the future; when preparing their business proposals,Offerors should assume that a parking tax would trigger a compensation event) that the Concessionairemay be obligated to collect from customers of the Parking System.

    Indemnification by the Concessionaire. The Concessionaire shall indemnify and hold harmless the Cityof Cincinnati from and against any losses actually suffered or incurred, based upon, arising out of,occasioned by or attributable to (i) any negligence or willful misconduct of the Concessionaire; (ii) anyfailure by the Concessionaire to comply with, observe or perform any of the covenants, obligations,agreements, terms or conditions of the agreement (Agreement) to be negotiated and executed by theparties.

    Insurance Coverage Required. The Concessionaire shall provide and maintain at the Concessionaire'sown expense, or cause to be maintained, during the term and during any time period following expirationif the Concessionaire is required to return and perform any additional work, the insurance coverages andrequirements specified below, insuring the Parking System and all parking facility operations within the

    Parking System (the "Required Coverages").

    (a) Workers' Compensation and Employer's Liability. The Concessionaire shall provide orcause to be provided Workers' Compensation Insurance, as prescribed by applicable Law, covering allemployees who agree to provide a service and Employer's Liability Insurance coverage with limits of notless than $500,000 each accident or illness or disease.

    (b) Commercial General Liability (Primary and Umbrella). The Concessionaire shallprovide, or cause to be provided, Commercial General Liability Insurance or equivalent with limits of notless than $25,000,000 per occurrence and in the annual aggregate, which limits may be met through acombination of primary and excess or umbrella policies, for bodily injury, personal injury and propertydamage liability. Coverage shall include the following: all premises and operations, products/completedoperations, explosion, collapse, underground, separation of insureds, defense, terrorism (to the extentcommercially available) and contractual liability (with no limitation endorsement). The City ofCincinnati is to be named as additional insureds on a primary, non-contributory basis for any liabilityarising under or in connection with the Agreement.

    (c) Automobile Liability (Primary and Umbrella). When any motor vehicles (owned, non-owned or hired) are used in connection with work to be performed, the Concessionaire shall provide orcause to be provided Automobile Liability Insurance with limits of not less than $10,000,000 peroccurrence and in the annual aggregate, which limits may be met through a combination of primary andexcess or umbrella policies, for bodily injury and property damage. The City of Cincinnati is to be named

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    A-2

    as additional insureds on a primary, non-contributory basis.

    (d) Garage Liability. The Concessionaire shall provide, or cause to be provided, GarageLiability Insurance with limits of not less than $25,000,000 per occurrence and in the aggregate, whichlimits may be met through a combination of primary and excess or umbrella policies, combined singlelimit, for bodily injury and property damage. Coverage extensions shall include Garage Keepers legal

    liability and pollution. The City of Cincinnati shall be named as additional insureds on a primary, non-contributory basis for any liability arising under or in connection with this Agreement.

    (e) Builder's Risk. When the Concessionaire undertakes any construction, maintenance orrepairs to the Parking System, including improvements and betterments pursuant to this Agreement, theConcessionaire shall provide or cause to be provided, All Risk Builder's Risk Insurance at replacementcost for materials, supplies, equipment, machinery and fixtures that are or will be part of the ParkingSystem. Coverage shall include, but not be limited to, the following: right to partial occupancy, boiler andmachinery, business income, valuable papers and other consequential loss, when applicable withaggregate sublimits for catastrophic perils of earthquake, flood and named wind, which are the bestavailable on commercially reasonably terms. The City of Cincinnati shall be named as additional insuredand, subject to the claims of any leasehold mortgagee, as loss payee.

    (f) Professional Liability. When any architects, engineers, construction managers or otherprofessional consultants perform work of a material nature in connection with this Agreement, theConcessionaire shall cause such professional consultants to provide Professional Liability Insurancecovering acts, errors or omissions shall be maintained with limits of not less than $2,000,000; provided,however, that design-and-construction architects and engineers performing work of a material nature withrespect to any such construction project undertaken by the Concessionaire pursuant to this Agreementmust maintain limits of not less than $5,000,000 (to the extent commercially available). Any contractualliability exclusion applying to the policy shall not apply to the extent the professional would otherwise beliable for loss under the policy in the absence of a contract. When policies are renewed or replaced, thepolicy retroactive date shall coincide with, or precede, start of work in connection with this Agreement. Aclaims-made policy which is not renewed or replaced shall have an extended reporting period of twoyears.

    (g) Property. The Concessionaire shall obtain All Risk Property Insurance at full replacementcost, covering all loss, damage or destruction to the parking facilities system, including improvements andbetterments, which insurance may be provided on a blanket basis with reported building values, whichshall include the value of the coverage for the Parking System required hereunder. Coverage shall includethe following: equipment breakdown; collapse; water including overflow, leakage, sewer backup orseepage; utility interruption; debris removal; business ordinance or law for increased cost of construction;extra expense; boiler and machinery; valuable papers; and, to the extent commercially available, terrorismand aggregated sublimits for flood, earthquake, and named wind. Coverage shall also include businessincome, which shall be subject to a limit that is separate from and in addition to the limit of fullreplacement cost for property. The City of Cincinnati is to be named as additional insured. Subject to theclaims of any leasehold mortgagee, the City of Cincinnati is to be named as loss payee. TheConcessionaire shall be responsible for any loss or damage to City of Cincinnati property at full

    replacement cost. The Concessionaire shall be responsible for all loss or damage to personal property(including materials, fixtures/contents, equipment, tools and supplies) of the Concessionaire unlesscaused by the City of Cincinnati.

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    B-1

    APPENDIX B SUMMARY OF KEY TERMS

    1. Subject Assetsa. 6,000 on-street parking spaces (of which approximately 5,700 are metered);b. 545-space Garfield Garage;c.

    396-space Fountain Square South Garage;d. 418-space Gramercy Garage;

    e. 623-space Broadway Garage;f. 260-space Seventh Street Garage to be replaced by proposed 725-space Sycamore Garage

    which may be completed by the successful proponent, using the design/build team selectedby the City;

    g. 60-space Third and Butler Lot and adjoining 165-space L&N Loop Lot which are operated asone facility;

    h. 32-space West Central Lot; andi. 29-space McFarland Lot

    The following City-owned facilities are not included in the Concession: Fountain Square North

    Garage, Washington Park Garage, U-Square at the Loop Garage, Town Center Garage, Fifth andRace Lot, Third and Central Lot, John Street Lot and Renaissance Lot.

    2. Generala. 30-year deal term.b. Concessionaire to provide a minimum upfront payment to the City of no less than $40

    million, of which at least $20 million is from the on-street component. Concessionaireshould develop additional scenarios with revenue sharing provisions that include specific on-going revenue estimates and identify impact on upfront payment, if any.

    c. Revenue sources for Concessionaire to include monthly and transient parking revenues fromoff-street facilities, on-street parking meter revenues and parking citation revenue.

    d. To the extent that technology is not already implemented to automate revenue collection, theConcessionaire may implement solutions.

    3. Responsibilities of Concessionairea. Operate assets in a first-class manner.b. Responsibly maintain existing facilities including routine maintenance and structural

    maintenance, as required. This may include capital expenditures for items such as concreterepairs, equipment replacement, lighting replacement, elevators, replacement of expansionjoints and traffic membranes. The City will retain the right to inspect all facilities todetermine Concessionaires compliance with this obligation.

    c. Maintain and return assets to the City in the same or better condition in which they wereassumed at the origination of the Agreement.

    d. Pay operating expenses associated with off-street facilities and on-street meters in aresponsible and timely manner.

    4. Off-Street Provisionsa. Concessionaire will honor existing lease agreements.b. Off-street rate increases to market are to be phased in over a three-year period which should

    be included in proposals. After the initial period, rates may increase at the higher of the U.S.Consumer Price Index for All Urban Consumers (CPI-U) or 4.5% per year.

    c. Off-Street operating days and hours will be at the sole discretion of the Concessionaire.

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    d. Concessionaire may participate in the development and operation of future City parkingfacilities, however, the City retains the right to develop its own parking facilities.

    e. The City will increase rates to market in the facilities that are not covered by the Agreement.5. On-Street Provisions

    a. Concessionaire will have the flexibility to install new meters on street, in areas not currentlymetered, subject to the City Managers approval.

    b. The $2.00 per hour Downtown on-street parking rates may increase at the higher of CPI-U or4.5% per year. The $0.50 per hour neighborhood and Over-the-Rhine on-street parking ratesmay increase to $1.00 at the beginning of the Agreement and then may be increased at thehigher of the CPI-U or 4.5% per year. The Concessionaire is encouraged to propose new on-street special event rates that could be charged during evenings and weekends except from8:00 AM to 5:00 PM, Monday through Friday.

    c. No specific type of equipment or form of payment will be required. However, given thesimilarities between wayside streetcar ticket vending machines and on street pay-and-displayparking meter technology and operations, the City is interested in exploring the possibility ofa contractor who may provide services to fulfill both streetcar ticket vending and on-streetparking ticket vending.

    d. Concessionaire may determine days and hours of operation and enforcement. When uniquespecial events occur (such as VIP political visits), the Concessionaire will need to coordinatewith the City.

    6. Enforcement and Adjudicationa. Concessionaire is expected to take over enforcement and adjudication related to on-street

    parking meters but excluding traffic citations. Concessionaire will not adjudicate parkinguntil City's contract with the County expires or is cancelled.

    b. Concessionaire will retain revenue from on-street parking meter citation payments collected,including those from delinquent parking citations.

    c. Booting will be allowed.d. The Cincinnati Police Department will continue to have parking enforcement authority.

    Enforcement of the Citys residential permit program, street sweeping restrictions and snowroute enforcement will remain with the City. The City would retain citation revenue for allparking violations not related to metered parking.

    7. Personnela. Concessionaire to consider but will not be required to hire existing City parking staff.b. The City's living wage ordinance will not apply to the Concessionaire's employees.