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HomeMy WebLinkAboutCC Resolution 13688 (Parking Meter Collection Services; San Anselmo)RESOLUTION NO. 13688 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 for 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. 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 3rd day of March 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice -Mayor Connolly NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips e--. pk't ESTHER C. BEIRNE, City Clerk 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 -r*day of H4?e-M , 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the TOWN OF SAN ANSELMO (hereinafter "TOWN"). RECITALS WHEREAS, CITY currently owns, maintains, collects and operates a parking meter system consisting of approximately 1000 parking meters; and WHEREAS, TOWN has approximately 100 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 parking meters; and WHEREAS, CITY is willing and is able to provide parking meter maintenance and collection services to TOWN; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows; 1. DEFINITIONS. "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 1 in TOWN for the purpose of regulating parking and collecting fees. 2. PROJECT COORDINATION. A. CITY. The Panting 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. TOWN. The Town Manager 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. DUTIES OF CITY. CITY shall provide to TOWN, parking meter maintenance and collection services as described in Exhibit "A" attached hereto and incorporated herein. 4. DUTIES OF TOWN. 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. 5. COMPENSATION. For the Rill performance 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 TOWN shall pay CITY $1,500 per month for collection/maintenance 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, work in support of TOWN's citation adjudication of parking violations 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 from an assigned city worksite to TOWN and returns to CITY worksite. 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. C. CITY shall have the right to increase all fees based on the increases contained in the wages section of the most current MAPE SEN Supervisory and Miscellaneous Employees MOU in effect 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 2 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 submitted by CITY. 6. TERM OF AGREEMENT. The term of this Agreement shall commence on March 5, 2014 and shall end on February 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. 7. TERMINATION. Either patty 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. INDEMNIFICATION. A. 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. B. 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. 9. 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: 1"O CITY: Mr. Jim Myhers, Parking Services Manager Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO TOWN: Sean Condy, Public Works Director Project Director Town of San Anselmo 525 San Anselmo Ave San Anselmo, CA 94960 10, INDEPENDENT CONTRACTOR.. 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 of CITY, its officers, agents and employees shall 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. 11. ENTIRE AGREEMENT -- AMENDMENTS,. 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. 12. 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 tern, 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 ATTORNEY'S FEES,. 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. 14. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL NANCY MACK: E, City Manager Wo"9 ESTHER BEIRNE, City Cleric APPROVED AS TO FORM: ROBERT REPSTEIN, City Attorney TOWN OF SAN ANSELMO DEBRA STUTSMAN, Town Manager ATTEST: RBARA C(IAMBERS, Town Clerk APPROVED AS TO FORM: ,ROBERT F,, §TEIN, Town Attorney 5 EXHIBIT "A" TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE TOWN OF SAN ANSELMO FOR PARKING METER MAINTENANCE AND COLLECTION SERVICES I. Duties of CITY and TOWN for Parldug Meter Collection Services A. CITY shall undertake collection from TOWN 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 TOWN. 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 fees incurred by TOWN shall be the responsibility of TOWN. Any fees incurred by CITY in the performance of this function shall be billable 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 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. During 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 peiforming its services under this agreement. II. 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 B. TOWN 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. TOWN staff may pick up meter mechanisms or housings for TOWN installation by contacting CITY during normal business hours. C. CITY shall lubricate all parking meter housings and vault/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 CITY 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 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. During 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 performing its services under this agreement. 2