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HomeMy WebLinkAboutCC Resolution 11750 (Parking Meter Maintenance & Collection Services)RESOLUTION NO. 11750 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM TO BE APPROVED BY THE CITY ATTORNEY, WITH THE TOWN OF SAN ANSELMO TO PROVIDE THE TOWN OF SAN ANSELMO WITH PARKING METER MAINTENANCE AND COLLECTION SERVICES THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The City Manager is authorized to execute, on behalf of the City of San Rafael, the agreement with the Town of San Anselmo, in a form to be approved by the City Attorney; a sample of which is hereby attached as Exhibit "A". I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a re ular meeting of the City Council of said City held on Monday, the 18th day of Ai)ril, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JE N1. LEONCINI, City Clerk NNAL ��o AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE TOWN OF SAN ANSELMO FOR PARKING METER MAINTENANCE AND COLLECTION SERVICES This Agreement is made and entered into this lL5thday of November 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the TOWN OF SAN ANSELMO (hereinafter "TOWN"). RF,C`iTAUS WHEREAS, CITY currently owns, maintains, collects and operates a parking meter system consisting of approximately 1150 parking meters; and WHEREAS, TOWN has recently installed new parking meters in its downtown business district; and, WHEREAS, TOWN desires to contract with CITY for the provision of ongoing parking meter maintenance and collection services for TOWN's new parking meters; and WHEREAS, CITY is willing and is able to provide parking meter maintenance and collection services to TOWN; NOW, THEREFORE, the parties hereby agree as follows: "Parking Meter Mechanism" shall mean POM model APM-E series 2 single space parking meters. "Parking Meter Housing" shall mean POM base model zinc housing; iron tamper proof style vault. "Parking Meter" shall mean the combined use of a parking meter mechanism and parking meter housing which has been placed in service in TOWN. "Parking Meter Maintenance Services" shall mean those services as described in Exhibit "A" attached hereto and incorporated herein. "Parking Meter Collection Services" shall mean those services as described in Exhibit "A" attached hereto and incorporated herein. "In Service" shall mean those parking meters, mechanisms, or housings that are deployed in TOWN for the purpose of regulating parking and collecting fees. "Out of Service" shall mean those parking meters, mechanisms or housings that are NOT deployed in TOWN for the purpose of regulating parking and collecting fees. A CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Parking Services Manager is hereby designated the PROJECT MANAGER for the CFFY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. TOWN. The Town Administrator shall be the representative of the TOWN for all purposes under this Agreement. The Superintendent of the San Anselmo Streets Department is hereby designated the PROJECT MANAGER for the TOWN, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 3. DT 1TTFS OF CITY CITY shall provide to TOWN, parking meter maintenance and collection services as described in Exhibit "A" attached hereto and incorporated herein. 1 1• • .I► TOWN shall pay to CITY the compensation as provided in Paragraph 5, shall cooperate with CITY in the CITY's performance of its duties under this Agreement, and shall perform specific duties as described in Exhibit "A" attached hereto and incorporated herein. For the full performance of the services described herein by CTFY, TOWN shall pay CITE' as follows: A For parking meter collection services TOWN shall pay CITY $1.77 per in-service parking meter, per week on a monthly basis or $828.36 per month, whichever amount is greater. B. For parking meter maintenance services TOWN shall pay CITY $0.75 per meter mechanism, per weekon a monthly basis or $324 per month, whichever amount is greater. C. For the annual replacement of parking meter mechanism batteries TOWN shall pay CITY a lump sum fee of $350, based upon the anticipated replacement of between one hundred (100) and one hundred and fifty (150) meter mechanisms per year_ If the number of meter mechanisms replaced is in excess of this range, CITY shall submit a lump sum fee to be approved and accepted by TOWN prior to the execution of this service. D. For additional services, including, but not limited to, work in support of citation adjudication or miscellaneous calls for service, TOWN shall pay CITY an hourly fee of forty five dollars ($45) per hour, per employee to accrue from the time CITY staff departs to TOWN and returns to CITY. TOWN agrees to pay time and one-half hours if an employee of CITY must work in excess of his or her normal shift or must be called back for work to be performed for TOWN. 2. E All materials and equipment used in the execution of this agreement shall be charged to TOWN at the actual cost of the materials and equipment plus a ten percent (10%) administrative overhead charge. F. CITY shall have the right to increase all fees based on the increases contained in the wages section of the most current MAPE SEIU Supervisory and Miscellaneous Employees MOU in affect during the term of this agreement for those employees performing the services. This shall not prohibit CITY from increasing fees based on a percentage that is less than the percentage of increase of the affected employees. Notice of fee increases shall be in writing with an effective date no sooner than 30 days from the date of the notice of fee increase. TOWN shall remit payment to CITY monthly upon receipt of invoices subnutted by CITY. Y : u • ul ►Y The term of this Agreement shall be for twelve (12) months commencing on the date CITY first performs collections, and ending on the last day of the twelfth month from the commencement date. The commencement date shall be memorialized in an addendum to be attached to this agreement no later than Jul v 1 , 2005 If services under this Agreement are not commenced by 7/1/05 this Agreement shall be automatically cancelled and neither party shall have any further obligation to the other. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for up to an additional six (6) terms of twelve (12) months each, for a total term not to extend past January 1, 2012. Y :ull►n •► Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Additionally, either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement. TOWN shall compensate CITY based upon the work completed and CITY shall be entitled to no further compensation. moons h f k • i, CITY shall indemnify, release, defend and hold harmless TOWN, its officers, agents and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way from any acts or omissions, intentional or negligent, of CITY or CITY'S officers, agents and employees. TOWN shall indemnify, release, defend and hold harmless CITY, its officers, agents and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way from any acts or omissions, intentional or negligent, of TOWN or TOWN'S officers, agents and employees. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Chad Lynn, Parking Services Manager Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO TOWN: Superintendent Mike Hopp Project Director San Anselmo Streets Department 525 San Anselmo Ave San Anselmo, CA 94960 1 IU• ►It ►ilY: _ • i For the purposes, and for the duration, of this Agreement, CITY, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the TOWN. TOWN and CITY expressly intend and agree that the status CM, its officers, agents and employees be that of an Independent Contractor and not that of an employee of TOWN. Neither TOWN nor any of its officers, agents and employees shall have control over the conduct of CITY or any of its agents or employees. CITY shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of TOWN. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the TOWN and the CITY. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the parties. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, 4 covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 13. COSTS AND ATT nRNF.Y'4 PERS. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. The laws of the State of California shall govern thus Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. C= OF SAN RAFAEL ROD COULD, City Manager ATTEST: ANNE M. LEONCM City Clerk APPRO, I7 FORM GAY T. RAH' NTI, �f ty Attorney TOWN OF SAN ANSELMO -AfAk 4itk-r�� DEBRA STUTSMAN, Town Administrator ATTEST: BP&BARA CHAMBERS, Town Clerk APPR VED AS TO FORM: HADDEN ROTH, Town Attorney EXHIBIT "A" TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE TOWN OF SAN ANSELMO FOR PARKING METER MAINTENANCE AND COLLECTION SERVICES Duties of CITY and TOWN for Parking Meter Collection Services A. Service shall include collection of each parking meter once per week on a day and time to be determined by CITY. Collected funds shall be counted by automated equipment, and receipts and reconciliation forms shall be provided to TOWN. Coins shall be bagged according to Federal Reserve standards in individual coin denominations when possible. All partial bags shall be combined and labeled to create the least number of bags. B. CITY shall have permission from TOWN to forcibly open any damaged or jammed coin canisters to ensure that all coins are collected and deposited. C. CITY shall create a separate deposit for TOWN, which shall be transported, verified, and deposited to TOWN's bank account by CITY's armored car service. Any and all fees incurred by TOWN or CITY in the performance of this function shall be billable as set forth in Paragraph 5 of the Agreement Between The Citv of San Rafael and the Town of San Anselmo for Parking Meter Maintenance and Collection Services. CITY shall not be liable for any discrepancies between CITY's count and CITY's armored car service's count. Upon request, CITY shall provide TOWN with copies of counting receipts, audit forms, and deposit slips created in the preparation of the TOWN's deposit. D. CITY shall have full access to TOWN property to the extent that such access is necessary for CITY to perform its obligations under this agreement. Upon request, CITY shall also have access to any and all documents maintained by TOWN relating to the TOWN parking meter system. Upon request, TOWN shall have the right to inspect the records maintained by CITY in performing its services under this agreement. Duties of CITY and TOWN for Parking Meter Maintenance Services A. CITY staff shall be on-site for maintenance once per week, in conjunction with the collection schedule. All work shall be performed in the manner and in the time frame determined by CITY". B. TOWN shall provide CITY, on the day and time set for collection, a list of malfunctioning meter mechanisms detailing -the specific malfunctions. -CITY staff shall service parking meters in the field when possible, and shall remove meter mechanisms and/or meter housings from service, at the discretion of CITY staff if repairs are not possible in the field. Meter mechanisms and/or housings removed from service shall be placed back in service on the next scheduled collection day following the day they have been repaired. TOWN staff may pick up meter mechanisms or housings by contacting CITY during normal business hours. C. CITY shall lubricate all parking meter housings, vault/head-locks, canisters, and locks on the collection carts and dump heads. CITY shall forvrard all Parking Meter equipment covered by \Narranty to POM for service. For those services not covered by warranty, CITY shall replace or tune components as applicable and forward those problems that the CITY is unable to remedy to POM for service. TOWN shall be responsible for all repair costs not covered under warranty at the rates set forth in Paragraph 5 of the Agreement between CITY and TOWN. D. Meter mechanism or housing maintenance shall NOT consist of functions arising from the citation adjudication process. E. CITY shall have full access to TOWN property to the extent that such access is necessary for CITY to perform its obligations under this agreement. Upon request, CITY shall also have access to any and all documents maintained by TOWN relating to the TOWN parking meter system. Upon request, TOWN shall have the right to inspect the records maintained by CITY in performing its services under this agreement.