VALET PARKING INQUIRY
Summary 9/18/12
Airport/Authority
Aruba Airport Authority
Emily C. Ras
Blue Grass Airport, Lexington
Don R. Sever, CPA
Broward County, Fort Lauderdale
Dawn Mehler
Burlington International Airport
Tamara S. Gagne
BWI, Baltimore
George A. Haehl
Paul Wiedefeld
Capital Region Airport Authority
Dale Feldpausch
Cleveland Airports
Jack Arnold
Dallas/Fort Worth International
Norma Carabajal Essary
Evansville Regional Airport
Doug Joest
Fort Wayne-Allen County Airport Authority
Rebecca D. Ross
Gerald R. Ford International, Grand Rapids
Joel Burgess
rd
Provide?
No
Airport or 3 Party
Yes
3 Party
Comments
rd
Yes
Insurance/Indemnification Language
Detailing Services:
Sub-contractor required to provide certificate of insurance in accordance with existing contract
requirements with Airport. ($1,000,000)
Airport as Additional Insured
Valet Parking:
Comprehensive General Liability: $1,000,000/$10,000,000
GarageKeepers Legal Liability: $200,000
Airport as Additional Insured
General Parking Services:
Comprehensive General Liability: $1,000,000
Comprehensive Automobile Liability: $1,000,000
Worker’s Comp: As required by state law ($1,000,000)
Umbrella Excess Coverage: $3,000,000
Airport as Additional Insured
Standard general and hazardous substances indemnification language in all contracts.
Part of Parking Management contract.
No
No
No
Yes
Out for rebid
Attachment (concession agreement)
Yes
No
No
Yes
Standard Parking
INDEMNIFICATION
Grantee shall indemnify, defend, and hold harmless Grantor, its elected representatives, officers,
agents, and employees from any and all loss, cost, damage, fine or expense (including but not
limited to attorney's fees, court costs and expert fees), or liability of any kind or character to any
person or property arising from or relating to any act or omission of Grantee, its officers, agents,
employees, invitees, licensees, customers, or any other person doing business with Grantee, or on
the Airport with the consent of Grantee. Grantee shall also use counsel reasonably acceptable to
Grantor in carrying out its obligations hereunder. Each of the parties shall give to the other
reasonable notice in writing of any such claims or actions. The provisions of this Article 8 shall
survive the expiration or early termination of this Agreement.
9.
INSURANCE
Grantee shall procure, and maintain for the duration of this Agreement, insurance against claims for
injuries to persons or damages to property which arise in any way, shape, manner or form from or
in connection with the operations of Grantee, Grantee's agents, representatives, customers or
employees pursuant to this Agreement. Grantor shall retain the right at any time to review the
coverage, form, and amount of insurance required hereby. If, in the opinion of the Grantor, the
insurance provisions in these requirements do not provide adequate protection for Grantor and for
members of the public, Grantor may require Grantee to obtain increased insurance sufficient in
coverage, form and amount to provide adequate protection. Grantor’s requirements shall be
reasonable but shall be imposed to assure protection from and against the kind and extent of risks
that exist at the time a change in insurance is required. Grantee shall comply with any requirement
to obtain increased insurance no later than thirty (30) calendar days after receipt of notice of such
requirement.
A. Verification of Coverage
Grantee shall furnish the Grantor with certificates of insurance evidencing coverage required
above. The Grantor reserves the right to require that Grantee provide complete, certified
copies of any policy of insurance offered in compliance with these specifications. As an
alternative to insurance certificates, Grantee’s insurer may voluntarily provide complete,
certified copies of all required insurance policies, including endorsements affecting the
coverage required by this Article. Current certificates of insurance with a thirty (30) day
notice of cancellation, non-renewal or a material reduction shall be filed with the Kent County
Department of Aeronautics, a minimum of twenty (20) days prior to commencement of any
operations.
B. Minimum Insurance Requirements
Grantee shall maintain the following minimum insurance:
Workers' Compensation*
- statutory limits
Employer's Liability*
- $100,000 each accident
- $500,000 policy limit
- $100,000 each disease
*Workers' Compensation and Employer's Liability (requirement may be waived for
independent contractors, sole proprietors or partnerships having no employees)
Commercial General Liability: (occurrence form)
General Aggregate
- $2,000,000
Products/Completed Operations. - $1,000,000
Personal Injury
- $1,000,000
Each Occurrence
- $1,000,000
Automobile liability:(covering owned, non-owned and hired)
No Fault Benefits
- statutory
Automobile Liability
- $2,000,000
Garage Keepers Liability
- $2,000,000
(combined single limit for bodily injury and property damage)
Grantee’s insurance does not extend to the rental car facilities and parking spaces located within
the parking structure.
C. Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the Grantor. At
the option of the Grantor, either: the insurer shall reduce or eliminate such deductibles or
self-insured retention as respects the Grantor, its elected representatives, officers, officials,
employees and volunteers; or Grantee shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
Said policies of insurance shall be performable in Kent County, Michigan and the following
statement is required on the face of the insurance certificate:
"Kent County Department of Aeronautics and the County of Kent, its
officials, servants, agents and employees are named as additional
insureds."
E. Acceptability of Insurers and Coverage
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than B+. The
Grantor may waive or alter these requirements, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of Grantor's Risk Management Manager, the
interests of the Grantor and the general public are adequately protected.
Greater Orlando Aviation Authority
Jacki Churchill
Maury Remmers
Jacksonville International
Roger Studenski
John Wayne Airport
Melissa Padilla
Hotel only
AMPCO
Yes
3 Party
Yes
3 Party
Valet service provided to patrons of
Hyatt Hotel on property.
rd
Attachment (concession agreement)
rd
14.
INSURANCE
Operator agrees to purchase all required insurance at Operator’s expense and to deposit with
Director certificates of insurance, including all endorsements required herein, necessary to satisfy
Director that the insurance provisions of this Agreement have been complied with and to keep such
insurance coverage and the certificates and endorsements therefore on deposit with Director
during the entire term of this Agreement. This Agreement shall automatically terminate at the
same time Operator’s insurance coverage is terminated. If within ten (10) business days after
termination under this section, Operator obtains and provides evidence of the required insurance
coverage acceptable to Director, this Agreement may be reinstated at the sole discretion Director.
Operator shall pay County two hundred dollars ($200) for processing the reinstatement of this
Agreement.
Operator agrees that Operator shall not operate on the Premises at any time the required insurance
is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements
or, in the interim, an official binder being in the possession of Director. In no cases shall assurances
by Operator, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. Director will only accept valid certificates of insurance and endorsements, or
in the interim, an insurance binder as adequate evidence of insurance. Operator also agrees that
upon cancellation, termination, or expiration of Operator's insurance, Director may take whatever
steps are necessary to interrupt any operation from or on the Premises until such time as the
Director reinstates the Agreement.
If Operator fails to provide Director with a valid certificate of insurance and endorsements, or
binder at any time during the term of the Agreement, County and Operator agree that this shall
constitute a material breach of the Agreement. Whether or not a notice of default has or has not
been sent to Operator, said material breach shall permit Director to take whatever steps necessary
to interrupt any operation from or on the Premises, and to prevent any persons, including, but not
limited to, members of the general public, and Operator's employees and agents, from entering the
Premises until such time Director is provided with adequate evidence of insurance required herein.
Operator further agrees to hold County and County harmless for any damages resulting from such
interruption of business and possession, including, but not limited to, damages resulting from any
loss of income or business resulting from Director’s action.
All contractors performing work on behalf of Operator pursuant to this Agreement shall obtain
insurance subject to the same terms and conditions as set forth herein for Operator. Operator shall
not allow contractors or subcontractors to work if contractors have less than the level of coverage
required by County from the Operator under this Agreement. It is the obligation of the Operator to
provide written notice of the insurance requirements to every contractor and to receive proof of
insurance prior to allowing any contractor to begin work within the Premises. Such proof of
insurance must be maintained by Operator through the entirety of this Agreement and be available
for inspection by Director at any reasonable time.
All self-insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a 0 or
NIL by the appropriate line of coverage. Any self-insured retention (SIR) or deductible in excess of
$25,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive
Office (CEO)/Office of Risk Management.
If the Operator fails to maintain insurance acceptable to County for the full term of this
Agreement, County may terminate this Agreement.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in the state
of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best’s
Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best’s key
Rating Guide/Property-Casualty/United States or ambest.com. A California admitted carrier is
preferred.
The policy or policies of insurance maintained by the Operator shall provide the minimum
limits and coverage as set forth below:
Coverages
Minimum Limits
Commercial General Liability with
broad form property damage,
$3,000,000 combined single limit per
occurrence
contractual liability
Garage Keeper’s Legal Liability to
cover autos, hired, owned, and nonowned to include physical damage
and a personal property endorsement
$3,000,000 combined single limit per
occurrence
Workers' Compensation
Statutory
Employers' Liability Insurance
$1,000,000 per occurrence
3-D Bond (Dishonesty, Disappearance
and Destruction) to cover employee
theft of vehicle, disappearance of
funds and
vandalism
$1,000,000 per occurrence
Fire and Extended Coverage,
including Business Interruption and
OPERATOR’s contents
OPERATOR shall insure all personal
property situated in or at the Airport
to at least 90% of their replacement
cost
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form
CG 00 01, or a substitute form providing liability coverage at least as broad.
The Garage Keeper’s Legal Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00
12, CA 00 20, or a substitute form providing liability coverage as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as
broad naming the John Wayne Airport and County of Orange, its elected and appointed
officials, officers, employees, and agents as Additional Insureds.
2)
A primary non-contributing endorsement evidencing that the Operator’s insurance is primary
and any insurance or self-insurance maintained by County and/or County shall be excess and
non-contributing.
The Garage Keepers’ Legal Liability policy shall contain the following endorsement, which shall
accompany the Certificate of insurance:
1)
An Additional Insured endorsement using a form at least as broad naming the John Wayne
Airport and County of Orange, its elected and appointed officials, officers, employees, and
agents as Additional Insureds.
All insurance policies required by this contract shall waive all rights of subrogation against the John
Wayne Airport, County of Orange and members of the Board of Supervisors, its elected and
appointed officials, officers, agents and employees when acting within the scope of their
appointment or employment.
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against the John Wayne Airport, County of Orange, and members of the Board
of Supervisors, its elected and appointed officials, officers, agents and employees.
The Commercial Property policy shall be endorsed to include the County of Orange as a Loss Payee
as respects their financial interest in the property. A Loss Payee endorsement shall be submitted
with the Certificate of Insurance as evidence of this requirement.
All insurance policies required by this contract shall give County 30 days notice in the event of
cancellation and 10 days for non-payment of premium. This shall be evidenced by policy
provisions or an endorsement separate from the Certificate of Insurance.
The Commercial General Liability policy shall contain a severability of interests clause, also known as
a “separation of insureds” clause (standard in the ISO CG 001 policy)
Insurance certificates should be forwarded to County address provided in the Clause 28 (NOTICES)
below or to an address provided by Director. Operator has ten (10) business days to provide
adequate evidence of insurance or this Agreement may be cancelled.
County expressly retains the right to require Operator to increase or decrease insurance of any of
the above insurance types throughout the term of this Agreement. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
Director shall notify Operator in writing of changes in the insurance requirements. If Operator
does not deposit copies of acceptable certificates of insurance and endorsements with Director
incorporating such changes within thirty (30) days of receipt of such notice, this Agreement
may be in breach without further notice to Operator, and County shall be entitled to all legal
remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Operator's liability hereunder nor to fulfill the indemnification provisions and requirements of
this Agreement, nor in any way to reduce the policy coverage and limits available from the
insurer.
Lambert-St. Louis International Airport
Ruth A. Carnoske
Los Angeles World Airports
Bruce Brown
Louisville Regional Airport Authority
Dodie Caulk
Massachusetts Port Authority
Frank Rivera
McGhee-Tyson Airport, Knoxville
Mike Bachman
Metropolitan Washington Airports Auth.
Mike Natale
Monterey Regional Airport
Charles R. Hayes
Naples (City of) Airport Authority
Sheila A. Dugan
Oakland International Airport
Betsy A. Ross
Philadelphia International Airport
Richard T. Dempsey, Esq.
Phoenix Sky Harbor International
Roxann M. Favors
Debra Bentley
Phoenix-Mesa Gateway Airport
Fred R. Kaplan
Pittsburgh International Airport
Alexander Peric
Port of Portland
Cindy Nichol
Reno/Tahoe Airport
Ann Morgan
Salt Lake City International
Tamra Turpin
San Francisco International
Harris Opara
Saskatoon Airport Authority
Richard Jasieniuk
Southwest Florida International Airport
Ellen A. Nichols
Tucson Airport Authority
Karen Rogers
Tulsa Airport Authority
Sheri Rider
No
No
Parking contractor previously provided
valet. Discontinued.
rd
Yes
3 Party
Yes
Massport GT Staff
No
Yes
Attachment (concession agreement)
Tried having Republic Parking operate
valet about 2 yrs ago; never caught on
with public.
rd
3 Party
Attachment (parking contract specs)
No
No
No
No
No
May be doing so @ parking garage after
st
1 of year.
No
rd
Yes
3 Party
Yes
3 Party
rd
No
Attachment (concession agreement insurance language)
Standard Parking; costs paid by Port of
Portland.
Terminated approx. 6 yrs ago; adversely affecting parking revenue.
No
Yes
New South Parking
Attachment (New South Parking certificate of insurance)
No
No
No
Yes
American Parking
Great success.
Attachment (insurance/indemnification language)
Vancouver International Airport
Susie Wong
Wayne County Airport Authority, DTW
Leigh Stepaniak
Wichita Mid-Continent Airport
Jean Zoglman
Yes
No
No
rd
3 Party
rd
3 party responsible for all insur-ance
& indemnification.