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HomeMy WebLinkAboutMS Parking Meter Collection & Maintenance; San AnselmoAgenda Item No: Meeting Date: March 3, 014 Department: Manaement Servicea s, P grking Services Division Prepared by: Jim Myhers, Parking Services City Manager Approve . Manager SUBJECT: Consideration of a Resolution of the City Council of the City of San Rafael Authorizing the City Manager to Enter Into an Agreement with the Town of San Anselmo to Provide the Town of San Anselmo with Parking Meter Collection and Maintenance Services. RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the City Manager to enter into an agreement with the Town of San Anselmo for parking meter collection/maintenance services. BACKGROUND: San Rafael first entered into an agreement for parking meter services with San Anselmo in 2005. That agreement was for one year with six (6) one-year extensions. San Anselmo has approximately 100 parking meters in their downtown area. San Rafael staff travel to San Anselmo on a weekly basis to empty and provide maintenance on those meters. San Anselmo meter revenue is then transported to the Parking Services money room and deposited to the proper financial institution. ANALYSIS: San Rafael Parking Services has the equipment and experienced staff able to provide these services. This mutually beneficial agreement allows us to subsidize our equipment costs while providing M service to San Anselmo that would be difficult for them to accommodate given the size of their operation. 141 FISCAL IMPACT: Annual billing for the base service will generate approximately $18,000 ($1,500 per month). All fees collected for this service will be deposited into the Parking Services Enterprise Fund. ACTION REQUIRED: Adopt the Resolution authorizing the City Manager to enter into an agreement with the Town of San Anselmo to provide parking meter collection and maintenance services. Resolution Agreement laialli q 111111111111i qi; Council Meeting: ac--" Disposiffiion: _3 ED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TOWN OF SAN ANSELMO TO PROVIDE THE TOWN OF SAN ANSELMO WITH PARKING METER COLLECTION AND MAINTENANCE SERVICES WHEREAS, the City of San Rafael utilizes parking meters in the downtown business core and has staff that services and empties said meters; and WHEREAS, the Town of San Anselmo has approximately 100 parking meters in their downtown area that require regular maintenance and emptying and desires to contract with the City of San Rafael for these services; and WHEREAS, the City of San Rafael has the staff and resources available to accomplish this task. NOW, THEREFORE BE IT RESOLVED, that the SAN RAFAEL CITY COUNCIL hereby authorizes the City Manager to execute the agreement with the Town of San Anselmo _r Tor parking meter collection/maintenance services, in a form on file with the City Clerk and attached to the accompanying Staff Report. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. 1, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 3rd day of March 2014, by the following vote, to AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice -Mayor Connolly l mo mm lli aON =*m ESTHER C. BEIRNE, City Clerk AGRE E MENT BETWEEN THE CITY OF SAN RAFAEL AND THE TOWN OF SAN ANSELMO FO This Agreement is made and entered into this 4-r*day of HA &. t4 , 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY")., and the TOVVN OF SAN ANS ELMO (hereinafter "TO""). 'URVIFTAIN WHEREAS, CITY currently owns, maintains, collects and operates a parking meter system consisting of approximately 1000 parking meters; and WHE REAS, TOV�FN desires to contract With CITY for the provision of ongoing parking meter maintenance and collection services for TO)�N's parking meters; and WHEREAS,, CITY is willing and is able to provide parking meter maintenance and collection services to TOWN; Li DI Dloj I of muff W -R-3 1. DEFINITIONS. "Parking Meter Mechanism" shall mean POM model APM-E series 2 single space park-ing 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 rr housing which has been placed in service in 1 1% OV�N. "Parking Meter Maintenance Services" shall mean those services as described 'in Exhibit '"A" attached hereto and incorporated hereffi, "Par' king 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 p -w -pose of regulatl`ng parking and collecting fees. 0 in TOWN for the purpose of regulating parldng and collecting fees. A. CITY. The Parldng Services Manager 'is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANACTER shall supervise all aspects of the progress and execution of this Agreement. B. TOWN. The Town Mat -lager 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. DUTIES OF CITY. CITY shall provide to TOWN, meter maintenance and collection services as described i Exhibit "A" attached parking hereto and incorporated herein. I To shall pay to CITY the compensation as provided in Paragraph 5, shall cooperate with CITY in the IT 's performance of its duties under this Agreement, and shall perform specific duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION. For the full peiformance of the services described herein by CITY, TOWN shall pay CITY the following fees for its services: A. For parking meter collection/maintenance services services TOWW shall pay CITY $1 ,500 per month for collection1maintenance on up to 100 meters. Additional meters will be charged at the rate of $4.00 per meter. B. For additional services, including, but not limited to. 1 _, work' in support of TOWN's citation adjudication of parking violations or miscellaneous calls for serviceTOWN shall pay CITY an hourly fee of forty five dollars ($45) per hour, per employee to accrue from the time CITY staff departs from an assigned city worksite to TOWN, and returns to CITY worksite. TOWN agrees to pay time and one-half hours if an einployee of CITY must work in excess of his or her normal shift or must be called back for work to be performed for TOWN. C. CITY shall have the right to *increase all fees based on the *increases contained 'in the wages section o the most current MAPE SETU Supervisory and Miscellaneous Employees MOU 'in effect during th term of this agreement for those employees performing the services. This shall not prohibit CIT ftom increasing fees based on a percentage that is less than the percentage of increase of the affecteli I - employees. Notice of fee increases shall be in writing with an effective date no sooner than 30 days fi-om `aof the notice of fee 'increase. TOWN shall remit payment to CITY monthly upon receipt of invoices submitted by CITY, I The term of this Agreement shall commence on March 5, 2014 and shall end on Februw-y 29, 2016. Upon mutual agreement of the parties and subject to the written approval of the City Manager for CITY and the Town Administrator for TOWN, the term of this Agreement may be extended for an additional three (3) terms of twenty four (24) months each. A MR Either party may terminate this Ageemnt without causupon thirty (30) days written notice r ee .0 N. m fled or personally delivered to the other party. Additionally, either party may terminate this Agreement al for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, w -id the notified party's failure to cure or correct the cause of the termm*ation, to the reasonable satisfaction of the party giving such notice, wn such fifteen (15) day time period. Vpon 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. MEMNIFICATION. A. CITY shall indenmiify, release, defend and hold hm-rnless 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 CITYS officers, agents and employees. B. TO" 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 adininl*strative costs, arising out of or resulting in any way from any acts or onn"ssions, 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 0 # including any notice of change of address, shall be M' writing and given by personal delivery, or deposited With the United States Postal Service, po . stage 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 SerNlice. Notice shall be given as follows: TO CITY: Mr. Jim Myhers, Parking Services Manager Project Manager I City of San Rafael 1400 Fifth Ave. (P.O. Box 15156J,,j an Rafael CA 944915-1560 TO TOWN: Sean Conly, Public Works Director Project Director Town of San Anselmo, 525 San Anselmo Ave San Ansel o, CA 94960 10. INDEPENDENT CONTRACT014 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 TOVV_N. TOVff and CITY expressly intend and agree that the status of CITY, its officers, agents and employees shall be that of anIndependent Contractor and not that of an employee of TOWN. Neither TO" 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 TOVM. The terms and conditions of this Agreement, all exhts 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 conditi 11 of I I o thi Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term covenant condition, ordinance, law or regulation,' or of any subs * Vi I equent breach or *olationof ffie same o other term, covenant,, condition, ordinance, law or regulation. The subsequent acceptance by either party o any fee, performance, or other consideration -1vNihich may become due or owing under this Agreement shal , I not , t)e 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. I The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or 0 arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expeed in connection with such action. 14.. APPLICABLE LAW. IN WITNESS WHEREOF., the parties have executed this Agreement as of the day, month and year fh--st above written. _K -T AVVA101 E,,CityManager APPROVED AS TO FORK ROBERT REPSTEIN, City Attorney DEBRA STUTSMAN, Town Manager ATTEST: MRBAR A CfLkMBERS, Town Clerk I T71 r_XHIBIT "A" TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE TOWN OF SAN ANSELMO FOR PARKING METER MAINTENANCE AND COLLECTION SERVICES 1. Duties of CITY and TO" for Meter Collection Service Parkings A. CITY shall undertake collection from TO)AN parking meters once per week on a day and time to be determined by CITY. Collected funds shall be weighed and receipts and reconciliation forms shall be provided to TOV�N- All partial bags shall be combined and labeled to create the least number of bags. B. CITY shall have permission from TO" to forcibly open any damaged or jammed cohi 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 fees incurred by TOV�?N shall be the ibty of TOWN. Any fees inculTed by CITY in the performance of this function shall be billable responsi as set forth in Paragraph 5 of the Agreement between the City 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 armored car service's count. Upon request, CITY shall provide TO" 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 TOVVN 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'docu* ments maintained by TOWN relating to the TOWN parking meter system. During regular business hours, upon forty eight (48) hours advance notice to CITY, TO)NN shall have the right to inspect the records maintained by CITY in peifon-ning its services under this agreement. 11. Duties of CITY and TOWN for Parking Meter Maintenance Services A. CITY staff shall be on-site for parking meter maintenance.once per week, in conjunction with the collection schedule. All on-site work shall be satisfied during this period, and/or additionally outside of this period at the discretion of CITY shall make a weekly list of malfunctioning meter mechanisms along with the specific malfunctions, and make this list available to CITY staff on the day and time set forth for collection. 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. Meter mechanisms and/or. housings removed from service shall be placed back in service by CITY on the next scheduled collection day following the day they have become functional. TOWNT staff may pick up meter mechanisms or housings for TOVQN installation by contacting CITY durm*g normal bus iness hours. It u t C. CITY shall lubricain te all parkg meter housings anct va, head -locks annually D. CITY shall forward all malfunctioning Parking Meter equipment covered by warranty to the manufacturer, POM Incorporated (POM) for service. For malfunctioning equipment not covered by warranty, CITY shall replace or tune components as appropriate and forward any equipment which CI, # is unable to restore to working condition to POM for service if that is feasible and requested by TOWN; TOWN shall be responsible for payment of all POM service charges for repair of malfunctioning equipment forwarded to POM for service and not covered under warranty. E. CITY shall have full access to TO" 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. Durm*g regular business hours, upon forty eight (48) hours advance notice to CITY, TOWN shall haVe the right to inspect the records maintained by CITY 'in ® its services under this agreement. N PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized an executed. Please attach this "Completion Checklist and Routing Slip" to the front of you contract as you circulate it for review and signatures. Please use this form for all professiona I I services aueements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signe,J originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval q necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and g'31�11'7 endorsements. 5 City Manager / Mayor or Agreement executed by Council authorized Head official. 6 -Department City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Pr ect Nami rr\ef-ea Project Manager: oJ + �Q CC1Ae___:;7 AYWe rAq- rxrx Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. W, * Council approval is required if contract is over $20,000 on a cumulative basis. rft-IwAillll �►irill1 ma* 1111i IL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AG�� FROM- Jim Myhers, Parking Services Manger DEPARTMENT: Parking Services DATE- TITLE OF DOCUMENT- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TOWN OF SAN ANSELMO TO PROVIDE THE TOWN OF ♦ ANSELMO WITH PARKING IiETER COLLECTION AND MAINTENANCE SERVICES De ment Hea (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: APPROVED AS TO FORM: City Attorney (signature)