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HomeMy WebLinkAboutMS Purchase Credit Card Parking Meters; IPScrr,y oF�� Agenda Item No: 6. c Meeting Date: November 18, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services - Parking Services Prepared by: Jim Myhers, Parking Services City ManagerApprovaj)�� Manager SUBJECT: RESOLUTION ESTABLISHING NEW ON STREET PARKING RATES FOR METERED PARKING SPACES WITHIN THE DOWNTOWN PARKING ZONE RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH IPS GROUP FOR THE PURCHASE OF "CREDIT CARD PARKING METERS" AND PARKING SENSORS AT A COST NOT TO EXCEED $750,000 FROM THE PARKING ENTERPRISE FUND RECOMMENDATION: 1. Adopt the resolution establishing new on street parking meter rates, and 2. Adopt the resolution authorizing the City Manager to negotiate and execute an agreement with IPS Group for the purchase of credit card capable parking meters and parking sensors funded through the Parking Enterprise Fund. BACKGROUND: San Rafael's parking program is the City's only Enterprise Fund which means it operates on its own and does not receive support from the City's General Fund. Current parking meters in place in the downtown business district only accept coins as the method of payment. Rates currently are $1.00 per hour for all meters on Fourth Street and $0.75 per hour for all other meters. There has been no increase in meter rates since 2007. Prior to 2007, it was common to adjust meter rates once every couple of years. Two years after the last increase was squarely in the middle of the Great Recession (2009) and staff did not recommend adjusting meter rates at that time. In order to continue to operate with flat revenues and increasing costs, staff weathered the several year recessionary period by deferring needed projects and improvements, reducing expenditures by eliminating multiple positions (including layoffs) and other costs, and by utilizing the parking reserve fund. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Now, six years later, it is no longer possible to further delay necessary improvements and planned expenditures. Since the beginning of 2013, Parking Services staff began a review of financial issues related to the Parking Enterprise Fund. The study was intended to determine the best method to restart and properly fund the long delayed capital improvement projects and new planned expenditures such as parking meters that accept credit cards. There have been requests for members of the public as well as the City Council's Downtown Subcommittee for the City to adopt more up to date parking meter technology. Incorporating next generation credit card parking meters will improve the customer experience by allowing for additional methods of payments such as credit cards. It could also allow our customers to enjoy technological improvements such as paying remotely and utilizing applications that give updated parking space availability information. In addition, the new parking meters will be controlled through a computerized management system allowing each meter to be monitored for maintenance and operational issues. Perhaps most importantly to the customer experience, staff has found that installation of meters that accept credit cards will significantly decrease the issuance of citations. From reviewing data from other cities, staff estimates that the number of citations will decrease on the order of 10-20% once the meters are in place. Staff released a Request for Proposals (RFP) for a new meter system while at the same time began studying parking rate changes to maintain the viability of the parking fund. A RFP was issued in order to receive submissions from various meter companies interested in providing San Rafael with credit card capable meters. Four companies submitted proposals and were evaluated by staff. As the parking meter bid process was continuing, Parking Services started to analyze the best method to fund the necessary improvements. The Business Improvement District (BID) set up a special parking committee to work with staff. Staff has met regularly with this committee in order to seek their input. Various scenarios were constructed to show impacts of different meter rate structures as well as citation rate increases. BID members and staff felt that citation rates should remain at their same level and meter rates should be the focus. BID parking committee members were supportive of raising all meter rates to the $1.50 per hour level as a way to increase revenue for pending projects. Another benefit of the proposed increase will be to modify customer behavior by encouraging parkers seeking lower rates to utilize the parking garages as an alternative and thereby freeing up meter spots in impacted areas. This behavior, in addition to the ease of credit card usage, is expected to reduce citation rates on the order of 10-20%. COMMUNITY OUTREACH: As part of the process involving potential meter increases and acquisition of the new meter technology, staff conducted outreach to community and business representatives to get their feedback and participation including: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 1. BID Parking committee — monthly starting May 2013 2. City Council Downtown Subcommittee — August 22nd and October 11th 3. Business Issues Committee (Chamber and BID) — October 3rd 4. Federation and Coalition of San Rafael Neighborhoods — October 30th 5. BID Board of Directors — November 1St 6. Chamber Economic Vitality Committee — November 12th Throughout these meetings, staff has found the participants to be largely supportive of this plan to raise revenues to be able to update meter technology and carry out capital projects such as deferred maintenance and surface replacements at multiple lots and structures. The BID Board voted to support the effort. They added that they would not want the meter rate increase to go into effect until after the new meter technology is installed. Staff is supportive of this approach. The BID has subsequently identified a number of other improvement ideas for the parking program and staff will continue to work closely with the BID in an on-going fashion. ANALYSIS: This analysis section will focus on meters and rates separately, though the two are linked in terms of financing. 1. Meters — All proposals for meter equipment were reviewed by staff to ensure that minimum requirements were met by each proposer. Each bidder was then rated based on the criteria (experience, costs, completeness of proposal, training, project management) listed in the RFP and ranked according to those criteria. Section 2.55.210 of San Rafael's municipal code allows for a minimum of three bidders to submit best and final offers (BAFO's) as part of this process. Since there were only four bidders, all of them were invited to revise their offers. There is no requirement that any proposer revises their submission but may do so if they wish. Bidders were then ranked to determine the most qualified. Based on this analysis, IPS Group is recommended by staff to supply credit card meters to replace existing coin -only meters at a total not to exceed cost of $750,000. Each existing meter will be replaced with a solar powered meter capable of accepting credit cards as well as coins. In addition, sensors will be embedded in each metered parking space and could allow the public, through an application, to determine available parking in each block. San Rafael has approximately one thousand parking meters on -street and in parking lots and has no plans to increase the number of meters. In fact, the number of meters will likely be reduced as lots are changed over to payment machines rather than meters. 2. Rates — Staff, along with the BID subcommittee and with input from the previously listed community groups, studied different rate scenarios designed to allow Parking Services to fund the delayed capital improvement projects and maintain a viable Enterprise Fund for the next several years. Models showing no rate increase and proceeding with the capital projects show the fund eliminating all reserves and running a deficit within 2-3 years. The proposed increase to $1.50 per hour will allow us to fund our current liabilities, complete the needed projects such as parking lot resurfacing and maintain a reserve for unexpected contingencies. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paue: 4 However, capital needs will remain as this rate increase would not create sufficient funds for major capital improvements such as the inevitable replacement of the two decked parking structures which have already been in use for their anticipated lifespan. Funds will be available to study capital needs and plan for them, but future funding sources will be required for such major capital projects. Staff recommends not placing the rate increase into effect until the new meter technology is installed, in the beginning of 2014. FISCAL IMPACT: Approval of the rate increase will allow for funding from the Parking Enterprise Fund for the upgraded parking meters/sensors and other deferred capital projects. The meters/sensors will cost up to $750,000 through the agreement with IPS Group. ACTION REQUIRED: Adopt the resolutions Attachment: Resolution establishing on street parking meter fees Resolution authorizing the purchase of new parking meters CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 13643 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING ON STREET PARKING FEE RATES FOR METERED PARKING SPACES WITHIN THE DOWNTOWN PARKING ZONE WHEREAS, The City of San Rafael currently operates and shall continue to operate metered on street parking within the City; and WHEREAS, The City Council has determined that additional revenues will be required to meet current and future expenses for parking services within the City of San Rafael; and WHEREAS, revenues collected from metered on street parking spaces are used for expenses and projects paid for by the Parking Services Enterprise Fund; and WHEREAS, the City Council finds that the specification on metered on -street parking rates is statutorily exempt under the California Environmental Quality Act, under Public Resources Code Section 21080(b)(8), relating to the collection of fees to meet operating expenses, costs for supplies, equipment, and materials, reserve requirements and capital expenses in the City's parking program. NOW, THEREFORE BE IT RESOLVED, that the SAN RAFAEL CITY COUNCIL hereby authorizes the increase of on -street parking meter rates within the Downtown Parking Zone to $1.50 per hour. I, 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 18th day of November 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: Colin ABSENT: COUNCILMEMBERS: None s - . 9,. c e.,-2 ESTHER C. BEIRNE, City Clerk CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 13644 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT TO IPS GROUP FOR CREDIT CARD METERS/SENSORS WHEREAS, The City of San Rafael currently operates and shall continue to operate metered on -street parking within the City; and WHEREAS, Section 2.55.190 of the San Rafael Municipal Code requires the City Council to authorize the purchase of equipment or services by competitive negotiation; and WHEREAS, a request for proposal was issued for the purpose of soliciting bids for the purchase and installation of credit card meters/sensors; and WHEREAS, Staff reviewed all proposals submitted as required in the request for proposals and determined that IPS Group ranked first with respect to the criteria listed in the RFP. NOW, THEREFORE BE IT RESOLVED, that the SAN RAFAEL CITY COUNCIL hereby authorizes the City Manager to execute a contract with IPS Group for the purchase of credit card parking meters and sensors. I, 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 18th day of November 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk El AGREEMENT FOR PURCHASE OF PARKING METER EQUIPMENT This Agreement is made and entered into this 13—H day of Ic« cu-- / , 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and IPS Group, Inc., a Pennsylvania corporation authorized to do and doing business in California (hereinafter "CONTRACTOR'). RECITALS WHEREAS, CITY wishes to upgrade existing parking meters within the CITY and issued a Request for Proposals dated June 10, 2013 to obtain bids for credit card capable parking meters, parking sensors, and an accompanying data management system; and WHEREAS, CONTRACTOR submitted an acceptable. bid for the desired products; and WHEREAS, CITY and CONTRACTOR entered. into an Agreement, dated October 25, 2013, for the purchase of sixty (60) parking meters as a test program; WHEREAS, CITY has been satisfied with the operation of the sixty (60) parking meters purchased and installed under the test program, and now desires to proceed with the purchase additional parking meters from CONTRACTOR according to the terms and conditions of this Agreement; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. 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 CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR CONTRACTOR shall assign a single PROJECT MANAGER to have overall responsibility for the progress and implementation of this Agreement for CONTRACTOR. Steven Smeenge is hereby designated as the PROJECT MANAGER for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT MANAGER for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR A. CONTRACTOR shall ship and install up to nine hundred and forty (940) additional new, fully -tested Model MS parking meters and related equipment as specified in the "Quote" dated 10114/13 attached hereto as Exhibit "A" and incorporated herein by reference, upon the direction of the PROJECT MANAGER. B. Coordinated installation of all parking meter equipment will take place according to a pre -defined deployment plan created by CITY and CONTRACTOR, during standard business hours, and will be based on mutual agreement of staffing, dates, and locations. CITY staff, in conjunction with CONTRACTOR staff, will inspect parking meter equipment following installation to ensure proper installation and operation. Unless otherwise notified in writing, system acceptance will take place at the time of installation of the parking meter equipment and CITY's confirmation of satisfactory operation of such equipment. C. CONTRACTOR shall provide all current manuals for the parking meter equipment, and shall provide all manuals for any future upgraded or new services. CONTRACTOR shall provide initial on-site training, and local on-site support during the warranty period. D. CONTRACTOR shall provide a full 12 -month warranty on all installed equipment as described in Exhibit "B", IPS Limited Warranty, attached hereto and incorporated herein by reference. E. CONTRACTOR shall bear risk of loss of the parking meter equipment, including any damage sustained during transportation to the delivery site. Transfer of title to parking meter equipment, and otherwise risk of loss, shall pass to CITY upon delivery. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: A. CITY, at its own cost and expense, shall keep the equipment in good repair, condition and working order. CITY will also notify CONTRACTOR of any need for warranty repair work and will coordinate the return process with CONTRACTOR. B. CITY shall be solely responsible for meter posts and housings, including keeping meter posts, keys locks and housings in good working order and in compliance with all applicable laws. C. CITY shall use the parking .meter equipment in the proper manner and shall comply with and conform to all national, state, and local laws and regulations in any way relating to the possession, use or maintenance of the equipment. 4. COMPENSATION. In full payment for the equipment and services provided hereunder by CONTRACTOR, CITY shall pay CONTRACTOR a sum not to exceed $750,000, as detailed in Exhibit "A," payable upon acceptance of the parking meter equipment by CITY as described in Section 2.13. of this Agreement. 2 5. DOCUMENTS PART OF AGREEMENT. If needed in interpreting the terms of this Agreement, reference shall be made to the following documents, incorporated herein by reference: A. The RFP with Appendices issued by CITY dated June 10, 2013, and any addenda as issued by CITY prior to the opening of proposals on July 12, 2013. B. CONTRACTOR'S RFP Submission dated July 11, 2013 and CONTRACTOR'S BAFO dated August 20, 2013. 6. TERMINATION. A. If either CITY or CONTRACTOR violates any material term or condition of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement; then the aggrieved party will give the other party (the "responsible party") written notice of such failure or violation. The responsible party will correct the violation or failure within 30 calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party. B. When it is in the best interest of CITY, CITY may terminate this Agreement, in whole or in part, by providing 30 calendar days' written notice to CONTRACTOR prior to the effective date of termination. Upon termination, CITY shall be liable for outstanding, undisputed payments required by the terms of this Agreement for goods received by CITY. 7. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 7. A. shall also meet the following requirements: 3 0 9 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRA.CTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 9. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 11. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create i11 any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 12. NOTICES. 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: Jim Myhers, Parking Services Director City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: IPS Group, Inc. 5601 Oberlin Dr., Suite 100 San Diego, CA 92121 Attn: Chad Randall, COO 5 13. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 14. ENTIRE AGREEMENT -- AMENDMENTS. A. 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. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. 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. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. 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. . _. IS. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 16. WAIVERS. 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, 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. 6 El 17. SEVERABILITY 40 If any provision in this Agreement subsequently is determined to be invalid, illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub -section of this Agreement unless that effect is made impossible by the absence of the omitted provision. 18. INTELLECTUAL PROPERTY AND CONFIDENTIALITY A. All pre-existing and independently developed intellectual property, and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by CONTRACTOR and provided to CITY ("Pre -Existing and Independently Developed IP") will at all times remain the sole and exclusive property of CONTRACTOR and/or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in • CONTRACTOR Pre -Existing and Independently Developed IP. B. CONTRACTOR hereby grants CITY, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "CITY") all the rights and licenses required to use CONTRACTOR'S Equipment and Software. Such rights and licenses are non -assignable, non -transferable and non-exclusive, and specific only to use within CITY. C. CONTRACTOR understands the nature of public information and the requirement for CITY to adhere to all rules and laws that apply to requests for public information, such as the California Public Records Act, and the like. however, CITY also understands CONTRACTOR'S position that its equipment and software contain intellectual property, copyrights, and trade secrets that do not exist in the public domain. Therefore, CITY agrees that it shall not knowingly agree, assist, or sell any equipment or allow any third party to gain access to equipment, software, or documentation provided by CONTRACTOR for the purposes of reverse engineering or evaluation without the prior written consent of CONTRACTOR, or as mandated by judicial order or applicable law. CITY agrees to provide CONTRACTOR with prompt notice prior to any disclosure required by judicial order or applicable law, so that CONTRACTOR has an opportunity to obtain a Court order to limit such disclosure. D. CONTRACTOR shall defend and hold harmless CITY in any action brought against CITY to the extent it is based on a third party claim that use by CITY of the parking meters and software, including the Pre -Existing and Independently Developed IP, provided to CITY under this Agreement directly infringes any valid United States patent, copyright, trade secret owned of such third party. CONTRACTOR shall pay any liabilities, costs, damages, and expenses (including reasonable attorney's fees) finally awarded against CITY 7 0 0 in such action, provided that CITY notifies CONTRACTOR within fifteen (1 S) days of learning of such claim, and CITY cooperates with CONTRACTOR, at CONTRACTOR's expense, in defending or settling such claim, provided that CONTRACTOR shall not enter into any settlement or other compromise that materially and adversely affects CITY _ without CITY's written approval, which shall not be unreasonably withheld. 19. COSTS AND ATTORNEY'S FEES; VENUE. 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 venue for any such action shall be Marin County, California. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and -federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21, APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 22. PURCHASES BY OTHER PUBLIC AGENCIES. CONTRACTOR agrees to extend identical prices and services for the equipment provided to CITY hereunder, under the same terms and conditions specified hereunder, to all public agencies located in California, without any further competitive bidding, to the extent permitted by law. Each such public agency will execute its own Contract with the CONTRACTOR for its requirements, funding such purchases out of its own funding sources. CITY shall not incur any financial responsibility in connection with CONTRACTOR's contracting with such other public agencies for such equipment. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. C CITY OF SAN RAFAEL NAN�Y MAC ,City Manager ATTEST: h` G . Lxeru-- ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: 2 ROBERT F. EPSTEIN, City Attorney 0 IPS GROUP, INC. By: �' Q CHA6 P -RAND— L, COO 0 Exhibit "A" Quote" dated 10/14/13 10 11 1PW Goalie /Parking & relecommunicalions The Next Generation in Parking IPS Group, Inc 5601 Oberlin Drive San Diego, CA 92921 Phone 858.568.7649 Fax 858.408.3352 Laurl.kelter@ipsgrmipinc.com ozuw�h Date 10/14/2013 Sales Ouole // LK205 Expiration Date 11/14/2013 TO City of San Rafael Attn: Jim Myhers Model M5 60 795-008 795 Meter Mechanism with $475.00 $28,500.00 Dome 60 132-002 95 pleter Top Cover Model M5 $0,00 60 RFID tag for Model 795 $0.00 60 Shipping $0.00 Total Discount Subtotal $28,500.00 Sales Tax 9% $2,565.00 Total $31,065.00 Quotation prepared by: Lauri Keller This is a quotation on the goods named, subject to the conditions noted below: (Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.) To accept this quotation, sign here and return: Thank you for your business! Exhibit "B" IPS Limited Warranty "A AR57 .. %Pekl,g &TalemmmunicuNons IPS LIMITED WARRANTY IPS will provide a limited warranty for any new meter or sensor product manufactured and supplied by IPS for 12 months against defects in materials and workmanship from the point of installation or 15 months from the date of delivery, whichever is sooner, and 90 days from the date of delivery received in the case of spare or repaired products. Additional Provisions: • IPS must have the opportunity to assist in the initial deployment and system installation • Repair or replacement under warranty of any defective product (including any meter or subcomponent) does not extend the warranty period for that product or subcomponent • IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period Returns for credit will only apply once IPS has received defective product (including any meter or subcomponent) and confirmed that defects were within the warranty period and are covered under the terms and conditions of the warranty provided. Exclusions: Warranty voided with use of imitation or non -genuine IPS replacement parts, un- authorized alterations, abuse, vandalism, improper handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage: IPS does not cover defects caused by improper care or use, lack of preventative maintenance, and does not warranty any defects due to vandalism or other factors contained as a part of the Force Majeure clause below. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity (or cellular telecommunication failures caused by any of the events or causes described above). Preventative Maintenance (Meters): • Preventative maintenance will be similar to current single-space parking meters. However, the primary elements will be a working battery, card reader and coin validator. • Meters surfaces should be kept clean with mild soap and water • The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. • At 9-12 month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader and coin acceptor clear of debris, every 9-12 months. Additional preventative maintenance shall be administered by City Staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein. • City, at its own cost and expense, shall keep the equipment in good repair, condition and working order after warranty expiration. 431CHy of San Rafael CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 6.c DATE OF MEETING: 11/18/13 FROM: Jim Myhers DEPARTMENT: MS DATE: November 12, 2013 TITLE OF DOCUMENT: RESOLUTION ESTABLISHING NEW ON STREET PARKING RATES FOR METERED PARKING SPACES WITHIN THE DOWNTOWN PARKING ZONE RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH IPS GROUP FOR THE PURCHASE OF "CREDIT CARD PARKING METERS" AND PARKING SENSORS AT A COST OF NOT TO EXCEED $750,000 FROM THE PARKING ENTERPRISE FUND f s Departmenf Head signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM.- City TEM:City Manager (signature) City Attorney (signature) C NOT APPROVED REMARKS: