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