Loading...
HomeMy WebLinkAboutR-2009-041 Automated Parking System Contract with CALE Parking System for City-Owned Parking LotsRESOLUTION NO. R-2009-41 A RESOLUTION authorizing the City Manager to execute the contracts, including subsequent amendments, revisions and other necessary documents for the implementatiOn, installation, operation and maintenance of automated parking fee management with the CALE Parking System for parking lots owned by the City of Yakima WHEREAS, the City of Yakima owns parking lots in the Downtown Core for use by the public; and WHEREAS, the Yakima City Council created a Downtown Parking Commission (YMC 9.49) to provide advice and recommendations for the most beneficial use of such parking lots; and WHEREAS, the Parking Commission provided such advice and recommendations to the City Council to procure, install and maintain modem, electronic parking meter capabilities in the City's parking lots; and WHEREAS, the City has an existing agreement for shared contract access with the City of Portland, Oregon for CALE Parking Systems pursuant to RCW 39.34.030; and WHEREAS, the City has appropriated within the CBD Fund (321), $75,000 for the implementation of automated parking fee management for the City's parking lots; and WHEREAS, the Parking Commission and City Staff have determined that the ,CALE Parking Systems meet the requirements of the City and are in the best interest of the City to procure; WHEREAS, contracts, including subsequent amendments, revisions and other necessary documents for the implementation of automated parking fee management with the CALE Parking Systems are required, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the contracts, including subsequent amendments, revisions and other necessary documents, required for the implementation, installation, operation and maintenance of automated parking fee management with the CALE Parking System for parking lots owned by the City of Yakima. ADOPTED BY THE CITY COUNCIL this 24th day of arch, 2009. City Clerk CCWF O.F. Resolution 3/ 25/2009 CW David Ed er, Mayor • YAKIMA PARKING COMMISSIONS RECOMMENDATIONS TO UPDATE THE DOWNTOWN PARKING SYSTEM — March 24,2009 The following isa summary of the Parking Commission recommendations to the Yakima City Council,;with a ., N „ corresponding funding request. The recommendations are made in two phasesphasej can be implemented ' immediately within the existing parking enforcement structure. However, phase2, which deals with issues and the resulting increased revenue, is key to developing the most cost efficient means to monitor parking compliance and to adequately finance ongoing maintenance. phase 2 will:demand a Well researched; Well thought ff. out public/private partnership. -,.: . • PHASE 1 Estimated FundinO $52.500 1 Hours (On Street) — immediately change downtown core to two-hour parking with a one-hour section on Yakima Avenue between Naches AVenue and Second Street; on Second and Third Streets between A Street and Chestnut Avenue; and on Fourth Street between Yakima Avenue and Chestnut Avenue. The rest of the area should remain two hours. We also suggest keeping the 30 -minute section on S. Neches Avenue and the 15 -minute section in front of the United States Post Office. , r• -- - - 1 Hours (Off Street) — immediately change the hours in the off street lots to. two free hours and $1.00 per hour afterwards Those lots #s are 1, 2 and 4. Increase monthly spots to $40 per month (this is two dollars a day). We, also recommend limiting monthly parking permits to 30% of the available spots in these lets. For the time being, We also recommend making the lot on South Second Street (lot # 5) free to all -day parking due to it's out of the way , location and current limited demand. 4wLot Conditions — immediately work with the City of Yakima Streets Deo artnient to restripeand update the nuMbering system in lot #4. If funds are available; research updating the 40scaPing and visibility around the pay ',..itatkins. 1Sionage — ask City of Yakima Public Works DepartiMent to work with the Downtown Parking Commission tq cfeatea new way -finding and signage plan, then have the sign depannient create and install new Signage.:tstithated Cost: $5,000 1 Education— allocate funds for design ofa new educational brochure (including utility bill inserts) and webite that features information on where to park, where to purchase permits and how to use the parking technology in the lots. This effort may include Y -PAC programming to explain the changes. include a "grace" period for at least the first three months and use it as an educational processto tell current users of the changes. Estimated Maximum Cost: $10,000 1 Revenue Collection — Affect the purchase of 5 solar powered Smart Meters for tots 1, 2 & 4. Information regarding a proto-type system considered for Portland, Oregon is attached. Estimated Cost: $37.500 (the estimated monthlv operation costs per unit is $100) _ PHASE 2 Estimated Funding: $17;500,(inciuding costs associated with Phase 1 that cannot be estimated) Enforcement — initiate a joint effort amongst the Yakima Police Department, the Downtown Parking Commission, and the City to identify the mostcost-efffcient parking compliance solution, not only for downtown core; but all of downtown. Have joint teanireview`proPosals from, various technology companies to help us ensure effective , turnover of our most valuable parking space andlo develop a balanced publia/private enforcementstrategy. 1 Revenue Usane — review revenue usage to ensure that the money stays downtown to strengthen the parking AIenforcement system and aid in downtown maintenance projects. W The total funding request for both phases is $75,000. We understand that this amount is currently available in the City's capkal fund. Based on the parking lot permi and hourly fees accrued between 2000 and 2004, we estimate that the $75,000 investment would be recouped in 2 to 3 years from the date that effective enforcement is in place. Attached is a ten year historical comparison parking enforcement revenues and expenditures. CITY OF YAKIMA Parking Enforcement Revenues and Expenditures Ten Year Comparison --2000-2009 (Budget) General Fund Revenue `. Citations/Penalties Special: Use Permits Total General Fund Revenue 'General Fund Expenditures: Variable Costs_ ' . Salaries & Benefits Vehicles Expense Other Operating; Expense Pacific Power (Lighting in Public lots) Total General Fund Expenditures General Fund Net Revenues Parking Revenues Other Funds: Lots-14ourly.Fees Lots - Permits Total Revenue Other Funds Parking Expenditures OtherrFunds: Striping Two 2nd'St Parking Lots Net.ParkingRevenues,- Other Funds 2009 Budget 2008 2007 Actual Actual 2006 2005 :;2004 2003.. 2002 2001 2000 Actual Actual Actual Actual E., Actual Actual Actual 100,000 150 100;150 4;655 18,692 102,320 $ 69,785 $ 43,272 $ 59,1.99 88' 102 '298 276 102,408 " .. 69,887 '43,570:, 59,475 74,057 43,879 2,255. 978 -,116;044 .::16,268 58,565 1,252 16,205 $ 95,517 96;153 91,816 1,387 2,595 16,808 15,427 76,494 $103,781 $138;130;. $162,720 $189,451 748 .1,671, " 2,769 2,142 104,529 139;801= 165,489 191,593 81,272 92,759 325 141;800 2,058 - 3;141, 16,390 ; 15,780 110,851 13,430 6,236 18,692 110,661 12,502 6,680 20,000 402,633.::92,356:,.61,125 76,022 110,011; • 94;516 100,Q45 123,480. 149,209 149,843 $ (2',483) $s10,052':4 3..r: 8,762 $ (32,452) $ (50,536 $;' .1;637 $ 4,484 $ 16,321 $ 16,280 $ 41 750 $ 2,500 $: 2,479 1', 2,406 $ _. 2,209 $ 7,298 $ 19,179 $ 24,171 $ 26,664 $ 34,458 $ 56,089 "; 30,800 ; 29,855 s .. «22,848 25,634 36,881, 49;518 40;415' 19,058 35,213 30,832 33,300 .=;32,334;: " 25,254 27;843„ 44,181 68,697 64,586 65,722 69,671 86,921 4,640'. 33 300 $ 27,694 ' $ 25,254 .$; 27,843, $ 44481 $ 68,697 $ 64 586'° $.,65;722 $ 69 671 $ 86 921 1 This includes: an allocation of the parking; supervisory personnel 2 Finance staff maintains the parking ticket' computer system and collects payment of the fines. The cost of this function;is not included in this analysis:. • 3 This parking revenue goes to Parks & Recreation to maintain downtown area landscaping. (Annual cost for this slightly over $50,000--YDA has contributed to this program int the past, but not to the full' extent of the cost.) ' 4 This, parking revenue goes toCBDCapital Improvement Fund. CDYshas.received $50,000 in each of 2008 and 2009 from this fund, and the monthly parking permits represent the only ongoing revenue in this fund: 1/22/2009 ':Parking Rev 2000 thru 2009 Budget ORDINANCE NO.2009- AN ORDINANCE.` related to parking; reducing the street parking and city parldng lot time .limitation in the core business district from three hours to two hours;., decreasing the percentage of parking spaces available for tong-terrn parking; perniits in • City -owned parking _lots from.:fifty, percent (50%) to thirty percent (30%); increasing the ;costs, of, tong -term ;parking ,. permits from twenty dollars ($20) per month to,forty,dollars ($40) per month; amending sections9.50.080, 9.50.215, and, 9.50.220 of Chapter. 9.50 , of.. the City •of .Yakima .Municipal Code. BE.ITORDAINED BY THE CITY OF YAKIMA: ction:1`: Section 9.50.080 of chapter ,9.50 of the City of Yakima Municipal Code. is hereby amended to read as follows: 9:50.80 Parking time Milted in core bossiness district. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than two consecutive hours between the hours of eight a.m. and six p.m. of any day except Saturdays, Sundays and public holidays on any street within the area bounded on the west by the centerline of 1st Street, on the south by the centerline of Walnut Street, tier the east by the centerline of Neches Avenue, and on the north by the centerline of "B" Street; and for the purpose of this section, it is unlawful for any person to move a vehiclefrom any :public parking location. on .any street within the above described area and to park that vehicle at any other public parking location on any street within that area in such a manner so .that the accumulated parking time exceeds.two _ consecutive hours. New one hour districts.,are: designated on Yakima Avenue between Naches and 2nd Street 2"d Street and3rd _ _ Streets between "A" Street and Chestnut Avenue; and; 4„,i Street between Yakima and Chestnut Avenues: ;.The half hour=and fifteen . minute districts by the Tower. Building and.. the downtown Post Office remain„ (Ord. 2005-04.§ 1, 2005: Ord. 2001-031_ 1, -2001: Ord. 2735 § 2 (part), 1983). Section 2. Section 9.50.215 of chapter 9.50 of the City of Yakima Municipal Code is hereby amended to read as follows: VbbfadOYiti0/64111 Deleted: three fjtWctfan3 fcr703 S 51 AN1 Formatted. Superscript ormattedvSuperscript . tbbreelfork3lal alQ99POa1 A ormattedi, Superscript Abbradfor d/A0/09a9Yel AIVP Forniatted:.Superscript bbrador-3/iii/e91.8t5ZA"' 1`.-u 4` Deleted:' On or about March 1, 2008, the city, council• shall review the appropriateness of the three-hour parking time limitation: 9.50.215 Parking fees for city -owned parking Tots. . A. The following fees shall be paid by any person who parks a vehicle in a city -owned parking lot (.Lots 12 and 4I, Lot 5 is free at all times: 0—� hours Free; One dollar an hour for.each additional hour-; or_parfthereof, Provided, that no person„shallpark a vehicle in such `parking lot between eight a.m. and five p:m. for more 'than' an aggregate' of'tviio _ _ hours without paying the 'proper fee except on days designated in subsection B of this section as exempts Such fee shall be deposited ina meter station in the r arkirig lots B. The fee schedule in subsection A of this section shall.:be in force during the hours from eight a.m. and five p.m., Monday through Friday, with the exception of the following holidays, Saturdays and Sundays: New Year's Day Martin Luther King, Jr. Birthday Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May, July 4 lst Monday in September November 11` 4th Thursday in November December 25: ,,. • (Ord. 2005-04 § 3, 2005: Ord. 2001-03 § 2,-20017.. Ord. • 99-6,§ 2; 1999: Ord. 3298 § 2, 1990). f radio f3 % Deleted: designated for free parking al3/§161 12 Deleted: ; �bbradfo 3%g1Ct109-rg0E Deleted: 3 �bbradfor �1 UfQ99`?58iAIVl Deleted: Seventy-five cents bbradfor gir07 9 0:4Al Deleted: three -TA 15.r 3- 9 9 Q4 AM Deleted: On or about March 1, 2008, the city council; shall review the appropriateness of the free three-hour ,parking period._ *.bbradro --ATS' 09 'Lf2 38 PM ' ' PI Deleted: containeriocated upon such parking lot in a slot whose number corresponds.to the number on the parking place in which such vehicle is parked Section 3.. Section 9.50220 of.. Chapter 9:50' of •the City of . Yakima. unicipal Code is:hereby amended to read as follows; • 9 50 220 Long-term parkingpermits. A.; Issuance of Permits. The issuance of permits to authorize long-term vehicular parking in parking lots owned by thecity shall be- administered by the city ;department of .finance and budget :according to the following rules and regulations: The number of long-term permits to be issued for parking in - any lot shall not exceed thirty, percent of the parking spaces in each respective lot. The Yakima city director of finance' and.. budget is authorized to determine the number of permits to be applicable to various lots from time to time, within the limitations and according to the.; authority, rules and regulations of this section and consistent with the Ordinance establishing the Parking Commission and its duties, Chapter 9.49 YMC. When quotas are filled, subsequent applications will be placed •on file, a waiting list will be established, and permits will be issued as openings occur. 2. - Permits shall be issued only upon the written application of a resident residing within, or an -owner, .manager or employee of::a business or govemmental agencylocated within the area bounded by the following streets: "B". Street on the north; Naches Avenue on the east; Walnut Street on the south; and First Street on the west. 3. ,No more than one long-term parking permit may be issued to the resident of each residential unit within the area described in subsection (A)(2) of this section.. A "residential unit" means a housing unit in which all persons reside as a single group, such as a family, whether in a single or multiple dwelling. 4. Application shall be made on forms°fumished by the office of the director of finance and budget. Said application forms shall require, at a minimum, the following information and documentation: a. Name, address, and telephonenumber of the applicant; b. Make, model, and year of the passenger motor vehicle or pickup truck, which vehicle shalt not exceed - fourteen thousand pounds in gross weight, which is registered to the applicant and for which the permit is sought; c. In the case of a resident applyingforr a permit the names of .. those persons livingin the same residential unit as the applicant; d. A copy of the current vehicle registration;. e. A copy of the applicant's current driver's license; f. A copy of the applicant's . current proof of insurance . in the form required by RCW 46.30.030; g. A representation that the vehicle is operable -ands, may be legally driven on the public highways of Washington State; and , h. Such other information as the director of finance and budget or her/his designee may deem necessary in complying with the terms of this section. 5. The issuance of a permit -does not reserve a:parking space in the parking lot and each applicant -fora permit shall acknowledge in writing that no such space is reserved and that the issuance of .a permit by the city does not guarantee the availability of a parking space at all times or at any particular time. ... 6. Each permit shall have designated thereon the parking lot for which the permit is valid, and the attempted use of a permit for, parking in a lot other than designated on permit shall not afford the parking privileges which otherwise may be enjoyed ,by the permit holder. 7. Permits will be issued on a quarterly calendar basis only, to expire on the last day of the months of March, June, September, and December of each year. - 3 8. The fee for a Tong -term parking permit shall be one hundred - and twenty, dollars per calendar quarter to be paid to the director of finance and budget at the time a new permit is issued, or at the -time • of making application for a renewal. The fee for a new permit to expire in Tess than three calendar months will be prorated at the rate. of forty dollars for any full or partial calendar month remaining in. the calendar quarter. No fee will be prorated for fess than one full calendar months 9. Permits may be renewed on or after the twenty-fifth day of the month of expiration; •: applications • for -renewals- wills.°not:be - accepted prior to the twenty-fifth day of the month of expiration::. --=- -_ 10. No new permits will be issued during the periods : of- time between March 25th and April -5th; June 25th and July.,5th; August 25th and September 5th; and December 25th and ,January ._.5th -.of each year. Renewal permits only will be .issued during. those.. time:: periods. 11. Applications by mail for 'renewal -will not be accepted unless_ . . applicant has made prior arrangement therefor with the office of the,. Yakima city director of finance and budget 12. Failure of a permit holder to apply for renewal within the. renewal period specified by these rules may result in the loss of that permit to the next applicant therefor on the waiting list. 13. Permits will be cancelled on .the application by the permit holder for such cancellation, and the unused permit fee will :,be refunded as prorated at the rate of twenty dollars per month: for• each full calendar month remaining in the period for which the permit was issued. No refund: -wilt be made for. a . partial.. calendar month. 14. Permits shall not be issued to.persons.with outstanding city of Yakima parking violations. 15. The Yakima city director of finance and.budget is authorized to adopt such further rules and regulations; not inconsistent -with rules and regulations of this subsection, as the director deems necessary or advisable to 'administer the permit system authorized._. and adopted, by this subsection and as . consistent' with :the Ordinance establishing the Parking. Commission and- its duties, ,. Chapter 9.49 YMC. B. A vehicle displaying a valid parking permit issued pursuant to this section may remain parked -in any parking space in the parking lot designated on the permit, without paying a 'parking fee, for a period of time not to exceed twenty-four consecutive hours; provided, however, that said time restriction shall not apply to long- term parking permits issued to residents under this section. The permit must be displayed within the parked vehicle in such a .. manner as to be plainly visible and legible from a point outside the vehicle near the driver's position. (Ord. 2005-04 § 4, 2005: Ord. hbr003 -iric9 9 10€AM § , „ brado 3l1,0109v9 Deleted: On or about March 1, 2008, the city council shall review the appropriateness of the sixty -dollar quarterly parking permit fee. • 2004-02 § 1, 2004: Ord. 2003-39 § 3, 2003; Ord. 99-6 § 1, 1999: Ord. 3298 § 1, 1990: Ord. 2935 § 1, 1986: Ord. 2735 § 2 (part), 1983). Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 24th day of March, 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: 5 ORDINANCE NO. 2009 - AN OR ' INANCE related to parking; reducing the street parking and city parking lot time limitation in the core business.. district from three hoursto.: two. hours; .,decreasing ;the -. percentage of _ parking . ,spaces . available .for long-temL_ parking permits in City -owned parking Tots from ftfly:•percent. (50%) to thirty percent , (30%); increasing ; the.., costs;: of :long7term parking permits from twenty dollars ($20)per, month-. to forty dollars ($40) per month; amending: sections 9:50.080; 9;50.215, and 9:50.220 :.of . Chapter . 9:50 of the 'City ; of .Yakima Municipal Code.. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.50.080 of chapter "9:50 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.50:80 Perking time limited in core business district. When signs, are `erected in each block giving notice thereof, no person shall parkca vehicle for longer than two consecutive hours between the hoursof eight a.m. and six p.m. of any day except Saturdays, Sundaysand public holidaysn-anya:streetwithin the area. bounded on the west by :the centerline of, 1st Street, on the south by, the;:centerline . of Walnut Street, on the east by the centerline of;Naches Avenue, and on the north by the,,Fcenterline of "B" street ,and for f he purpose of this sect on, it is uniaw€ul for any person 'to move a vehicle from any public parking location on any 4a. street within the above described area and to; park: that vehicle at any other p at lic parking location on any street within` that area in such a -manner so that the accumulated. parking time exceeds two consecutive hour; New one `hour'districts= are designated on Yakima Avenue between Neches and 2"a'Street; 2"d and 3`d Streets between "A" Street and Chestnut Avenue; and, 4th Street between Yakima .and ,Ct estnut, Avenues. The half hour and fifteen minute districts by the Tower Building and :the, downtown Post Office remain. (Ord. 2005-04 § 1, 2005: Ord. 2001-03 § 1, 2001: Ord. 2735 § 2 (part), 1983). Section 2. Section 9:50.215 of chapter 9.50 ' of the City of Yakima Municipal' Code is hereby amended to read as follows: 9.50.215 Parking fees f r city -owned parking lots. A. The following fees shall be paid by any person who parks a vehicle in a city -owned parking lot (Lots 1, 2 and 4). Lot 5 is free at all times: • - ' '0-2 hours. Free; One dollar an hourfor each additional hour or part thereof; Provided,- that no person shall -park a vehicle in such parking lot betWeen eight a.m. and five p.m -for more than an aggregate of two hours without Paying the proper fee except on days designated in subsection.B of thiSlection- as exempt Such fee Shall be deposited in a meter station in the parking lot. B., The fee kheduleirf,subsectiorf A of this section shall be in force during the hours from eight a.m. and ' five p.m., Monday through Friday, with the exception of the following holidays, Saturdays and Sundays: 4111 • New Years Day Martin Luther King Jr • Birthday Washington's Birthday Memorial Day Independence Day Labor bay Veteran's Days, Thanksgiving Day Christina's Day January 1 3rd Monday in January 3rd Monday in February , Last• Monday ,.in May. • , : July 4 '1St :Monday ;,:•- in : September ,.., • November 11 4th.-;.'thiii-sday in November December 25" (Ord. 2005-04 § 3, 2005:. Ord. 2001-03 § 2, 2001: Ord. 99-6 § 2, 1999: Ord. 3298 § 2,1990). Section 3 , Section 9.50.220 of, Chapter 9.50 of the City of Yakima Municipal Code is hereby amended to readas follows: 9.50.220 Long-term parking permits. A. Issuance of Permits. The issuance of permits to authorize long-term ',vehicular parking in parking lots owned by the pity, shall be administered by, the city, department of financeand budget according to the following rules and regulations: 1. The number of long-term permits to be issued for parking in any lot shall not exceed thirty percent of the parking spaces in each respective lot. The Yakima city director of finance and budget is authorized to determine the number of permits to be applicable to 2 • various Tots from time to time, .within the _limitations and according to the authority, rules and. regulations of. this section and. consistent with the Ordinance establishing the Parking .Commission. :and its - duties, Chapter :9.49 'YNIC.„:When quotas . are filled; ,subsequent • 'applications will be placed on:tle, •a waiting list will: be established, and permits will be. issued as openings 2. Permits shall be issued only.,.upon the writtert application ,of, a resident: residing =within;, or, an :owner;.. manager, or. empoyee of- a business -or governmental. agency located.: wIthin.therarea. bounded by the followinTstreets.... "B" Street on the north; Naches Avenue on, the°.(east;._Walnut ,Street on thhasouth.and First Street on the 3. No .more=than° onelong, term ..parking. perrnitmay be issued to the resident ofw each ,, residential unit.within the.°area described,- in subsection: (A)(2) of this: section. ,..A ''`residential unit" ..means a housing unit in which°all..persons-reside °as a single group, such .as.a family,whether in a single -or. multiple: dwelling . 4.=::Application. shall; beKmade on_.formsyfurnished, by the office . of the director of finance and budget. Said application forms: shall require,°ataminimum, the following information and4ocumentation: 'a Name, address;- andtelephone number of.the:applicant;...:: :-::; _ b. Make, model, and year of y tha;passenger.i motor. , vehicle ; or • pickup=truck,which -.vehicle shallnot .exceed:, fourteenv,thousand pounds in gross::weight; ..which :is:registered to ,the applicant andfor which the permit is sought; r h c:.In.,the5 case oUa residentapplying.for svpermii, the...,narnes of those .persons; laving ani the-.sameresidential: unit as the: applicant; .d: A.copy$pfthecurrent vehicle registration,• eA:copy: oftha'applicant's-;currentfdriver's license; , f. A.copy of=the'applicant's curtest proofof4insurances;in the form :. required. by RCW 46,30.030, g. A representation that the vehicle is operable and may be legally driven on the public highways of Washington State; and .::r . h =Such .other information as thadirector of 'finance and: budget or her/his designee may deern :necessary in. complying with'thhe:temis of this `section.::.:, 5::The issuance of:a.:permit:does, not. reserve. a< -parking -.space in the parking lot: andeach,applicant for a.permitshall acknowledge in writing that no such space is reserved and that the issuance of a permit `by the.. city'does not, guarantee the: availability . of= a parking •: space atalttimes•or atany particular time.. 6. ,Each permit shalt.have designated thereon the parking lot for which • the -=permit; is'valid,° and the attempted-- use Aof a -permit for parking., in a Iotother than designated on the permit shall not. afford the parking privileges which; otherwise... may ba • enjoyed by : the permit holder. • 3 7. Permits will be issued on a quarterly calendar basis only, to :expire on the last-day':of: the months of March, -.June,.. September, and December of each'year. 8.'=The<.fee..for a Tong=tem.) parking permit shall be,..one hundred and'twenty doltars peraIendar quarter to be paid to the director of financeand budget at thetime=a new permitis issued, or.atthetime of `making' application for=, a renewal:Thedfee -for ;a•. new, permit to expire in less .than thre&calendar months will be prorated at.:the, rate of foity` dollars -for, y fulltor partial -.calendar. month _remaining in -the calendar quarter. No fee will be prorated for less,=than, one full calendar month: 9. Permits • may be :renewed on or`:after the:twenty-fifth day of;'the month:of expiration;' applications for renewals wilt -not -be accepted -' prior to -the twenty=fifth'day of.: the month :of. expiration: 10 - No new permits=.will be issuedduring the periods. of. time between March -25th and April 5th; June 25th and July= 5th;- August 25th and September 5th; and,DDecember25th:and:=January:-5thof each= year: ,;Renewal permits only will :be:issued during those time :periods:. :, 1.1: Applications by -:;mail ;.for renewal: will: not be accepted unless applicanthas-'Mmade°prior? arrangement therefore with the::°office of -'the director offinance and=:budget - :. s 12 Failure = of . a .permit bolder Ao apply for .renewal - within._ the renewal period specrfied by these"rules mayresult;in the toss of that permit to the next applicant therefor on the :waiting list. _. 13. _Permits:iwill be cancelled: on!the :.application;: by the :;permit holder -for`.. such cancellation, :and :the zunusedr$.permit°,fee.wilrbe refunded as -prorated; atrthe rate` of:kitty: dollars; per month: for each full calendar monthremainingAn=the period,formhich the; permit was issued. ' Norefundwill rbe 'made.fora partial :calendar -month. 14. Permits shall not be issued to persons with oitstandingcity .of :Yakima parking -:violations. 15. The Yakima ,city-directorof financeand . budget -is .authorized to adopt such,: furtherrules and regulations; not inconsistent with rules -and regulations . of thissubsection;- as the -=director:. deems necessary or advisable to administer the permit system authorized, adopted. by Ahisrsubsectionand_ asr.consistent :with the Ordinance establishing the' Parking,..Commission;, and: its -duties, Chapter .9:49 -vehiclee-displaying: a valid parking permitissued pursuant .to this section may remain.:: parked imany parking,-space:in the parking lot designatel'on- they permit,; -without paying a parkingr:fee, for a period:,..'of. time not> to_ exceed :twenty-four consecutive a hours; provided; }however. that:said'_time restriction shall not applyto long- term' parking : permits issued to residents under this section. ,,The permit must be displayed within the parked vehicle in such a manner as to be plainly visible and legible from a point outside the vehicle near the driver's position. (Ord. 2005-04 § 4, 2005: Ord. 2004-02 § 1, 2004: Ord. 2003-39 § 3, 2003; Ord. 99-6 § 1, 1999: Ord. 3298 § 1, 1990: Ord. 2935 § 1, 1986: Ord. 2735 § 2 (part),1983). Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 24th day of March, 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: • • July 17, 2007 Council Minutes 16. Consideration of Ordinance amending the Yakima Municipal Code to create a Downtown Yakima Parking Commission to serve as an advisory committee to the Yakima City Council regarding downtown parking issues Assistant City Manager Zabel! pointed out that we currently have three different ordinances on downtown parking that are not coordinated. The proposed ordinance would create a commission to evaluate those ordinances and come back with a parking plan in a defined district. There was discussion on the Committee for Downtown Yakima doing the recommendations for appointment to the Commission. Council Member Whitman recommended taking out the phrase "by resolution" with regard to appointments as no other committee requires it be done by resolution. JOHNSON MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Brenda Batali commented on downtown parking, specifically that we should not charge for parking in the downtown area. CAWLEY MOVED AND LOVER SECONDED TO AMEND THE ORDINANCE UNDER 9.49.060C TO READ "RECOMMENDATIONS FOR MEMBERSHIP ON DOWNTOWN YAKIMA PARKING COMMISSION SHALL COME BEFORE A COUNCIL APPOINTING COMMITTEE TO INTERVIEW AND RECOMMEND FOR APPOINTMENT TO THE FULL COUNCIL". Bonlender spoke against the motion. The motion failed by a 4-2 roll call vote; Bonlender, Johnson, McClure and Whitman voting nay, Edier absent. LOVER MOVED AND CAWLEY SECONDED TO AMEND THE ORDINANCE UNDER PURPOSE, 949 090, TO REMOVE THE WORDS "AND CITY MANAGER". The motion failed by a 5-1 roll call vote; Cawley, Johnson, McClure, Whitman and Bonlender voting no; Edier absent. It was agreed to makea clerical correction to eliminate under 9.49.060C the words "by resolution." The question was called f,. -r a vote on the original motion. The motion carried by a 5-1 roll call vote; Lover voting nay, Edier absent. ORDINANCE NO. 2007-35, AN ORDINANCE relating to Traffic Regulation; creating a Downtown Yakima Parking Commission to serve as an advisory committee to the Yakima City Council regarding downtown parking issues; and enacting a new chapter 9.49 of the City of Yakima Municipal Code. • • -BUSINESS OF THE CITY -COUNCIL YAKIMA, WASHINGTON ~.,:;AGENDA -.STATEMENT For' Meeting Of July 17, 2007 ITEM TITLE: An ordinance relating to traffic regulation Creating a Downtown Yakima Parking Commission to 'serve;:as an `advisory committee 'to the Yakima City Cou ncil regarding downtown parking issues; and enacting a new chapter 9`.49 of the City of Yakima Municipal Code. SUBMITTED BY: Chief Sam Granato, Yakima Police Department Cynthia Martinez, Senior Assistant City Attorney CONTACT;PERSONITELEPHONE: Cynthia Martinez, -575-6033 • SUMMARY EXPLANATION: As downtown Yakima experiences revitalization, there is a need to update our downtown parking system to meet the changing needs of business owners,; property owners, residents, and users of the downtown area. This ordinance creates an 8 member Downtown Yakima Parking Commission tasked with advising the Yakima City Council regarding downtown<parking issues. Downtown business owners, property owners and residents will hold The 7 voting positions on the commission and will be appointed by the .Yak_imaQity;;Council. Resolution Ordinance Contract Contract Mail to (name and address): Other(Specify) Funding Source f i APPROVED FOR SUBMITTAL:�� Phone: h—; • City Manager STAFF RECOMMENDATION: Pass Ordinance. BOARDICOMMISSION RECOMMENDATION: The Yakima City Council Public Safety Committee is forwarding the attached ordinance to the full council for consideration. The - committee was unanimously in favor of the proposed ordinance. COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2007-35 would address downtown parking issues and make recommendations to Council to be approved by resolution. In carrying out these responsibilities, the commission shall review the following: (1) On -street parking regulations, including, but not limited to, time restrictions, loading zones, no parking zones. (2) Location and type of parking. (i.e. parallel, diagonal, etc.) (3) Use of parking technology. (4) Parking fees. (5) Cost of parking infractions. Enforcement of parking regulations. (7) Annual Parking Management Plan. • (8) All other issues that might affect.,the operation of parking within the downtown parking district boundaries. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE:.CITY..CQUINCIL, signed ,anclapbrovpcl- this .17th • day..of July, 2007. ATTEST:.''.• • •'`.- :„. • . ••. • /S/ Deborah :Viiibre-:" City Clerk - • Publication Date: July 20, 2007 Effective Date: August 19,-2007 cim/Parking Commission/ page 3 of 3 1st Neil McClure Neil McClure, Mayor Pro Tem • 9.49.030 Downtown Yakima.Parking .Congmission. There is hereby established a Downtown Yakima Parking Commission consisting of 8 members, 7 voting and 1 nonvoting position, as provided in sectionsection.9A9.opq,otthis chapter. Members': of the,Downtown YakimaParking, Comrnission shall be .appointed by the. .Yakima°City :Council. • 9.49:040 Terms. The initial appointments to the commission shall be staggered. Three voting members shall be appointed for three years. Four voting members and the non- voting member shall be appointed for four; years Thereafter, ihe'terms''shall be made for four years. Membership on the commission shall be limited to twoIull consecutive four-year terms Reappointment: after, two :full consecutive terms may be made after' afleast a two-year:absenae The Yakima City`Council shall fill vacancies for a new or unexpired term in thesarne manner as the original appointment. Removal of commission members shall be controlled by YMC 1.30.010. 9.49,060 -Organization. During January ofeach year, the commission shall elect from the membership, a chairman, vice-chairman and such other officers as the commission;. members deem necessary to organize and carry on the functions and duties of the commission. The commission shall adopt a timefor,„holding regularmonthly meetings, and the commission shall hold regular monthly meetings unless cancelled with notice by the chairman. Special meetings may be galled by the chairman to be held at any time pursuant to.notice ofsuch meeting given as required by law. 9.49.060 Composition of the Commission. A. The commission shall always include the following seven ;voting mem_ bers: 1 A business owner representing businesses between sr' Avenue_ and 1;: Avenue 2. A business owner representing the businesses on Front Street. 3. Two business owners representing, businesses between 1st and 9th street... 4 Two property owners within -the district'boundaries. 5 A. resident from within the district boundary The commission shall.also include ;one non voting position to be filled by a member of the Yakima City Council. C. Recommendations for, membership on the: Downtown Yakima Parking Commission `shall come from the Committee for Downtown%Yakima (CDY). The Yakima -;City Council will`, appoint: the members the commission• 9.49.070 Powers and Duties. The Downtown Yakima Parking. Commission is tasked with, the,oyersight of a downtown parking system that will meet theever-changing needs of the downtown business property owners, residents and users. The commission cim/Parking Commission/ page 2 of 3 -ORDINANIPE0No2067- 35 • AN ORDINANCE relating to Traffic Regutation, creating a:,-pciVeitown Yakima • ParkinT, COMMiSSiOn to' ieie,as adviitiry Corrimittee to the Yakima- City Council regarding downtown parking issues; and enacting a new chapter 9.49 of the City of Yakima Municipal Code. ‘: • • • BE ITORDAINED BY THE COTY OF YAKIF1A ''Chapt enacted as anew chapter to read as follows Chapter 9.49 DOWNTOWN YAKIMA PARKING.:COMMISSION r•'' Sections:. 949010 Purpose = ''-"Pjefihitia9 49 030 Downtown Yakima Parking Commission 60" . . • - '.:9A9040 Terms1, :; • 9.49.060 Composition of the Commission 9.49.070 Powers and Duties The Downtown Yakima Parking Commission shall serve in an advisory capacity td:theY'akifriar'diticOtInOiPand" city- MOn060(4p*rning formulation of policy and plans for development, management and operation of the Yakima downtown Parkiei6:CliStriCt:- ' 9:49-.020:Definitions. • - - The following words and terms when used in this chapter shall mean as follows: "Annual Parking Management Plan" -means a'yearlyiplan describing the annual budget•aniithe'dailycri:ariagerrientand,OPeratiOns.0•the parking system. : • ries", includes the parking areas as follows: gth•-• treetto the'aStzbath sides of thestreet•.:- 7 ••Avenuelath-e:WeSt, both sides of the- Street;,::, Lincoln Avenue to the North, both sides of the street; and Walnut Street to the. South, both sides of Op street, "Parking" includes on -street and -off-street parking cim/Parking Corrunission/ page 1 of 3 • • • February 15, 2005 Council Minutes ORBNANCES 12. Consideration of Ordnance amending the unicipal Code regarding parking in the 16 -block downtown area (continued from 1/18/05) Council Member Bonlender reported that the Downtown Association is recommending that within the 15 -block area the two-hour parking be converted to three-hour free parking, the fee for employees in the parking lots be cut in half to $20 a month, and expand the number of permits allowed in the lots. We want to get both private and government employee cars off the street. Council Member Sims asked if the members addressed the residential parking needs and Council Member Bonlender replied that they did not. Assistant City Attorney McMurray interjected that this ordinance addresses residential parking permits, combining the old ordinance into this ordinance at the request of the Downtown Association. Regarding the review, or sunset clause, he pointed out that Section 1 in 9.50.220.A, states that on or about March 1, this ordinance would be reviewed. Council Member Bonlender stated that if the other business associations want changes to this ordinance, it could be reviewed sooner. The City Clerk read the ordinance by title. BONLENDER MOVED AND PLACE SECONDED TO PASS THE ORD MANCE. The motion carried by unanimous roll call vote; Edler and McClure absent. ORDINANCE NO., 2005-04, AN OR NANCE relating to parking on streets in the core business district, and parking and long term parking in parking lots owned by the City of Yakima; increasing the street parking and city parking lot time limitation in the core business district from two hours to three hours; expanding the persons eligible to obtain a long-term parking permit for City -owned parking ,lots under YMC 9.50.215 to include residents and employees of businesses and government agencies in said area; increasing the percentage of parking spaces available for long-term parking permits in Cly -owned parking lots from thirty percent (30%) to fifty percent (50%); decreasing the cost of long-term parking permits from forty dollars ($40) per month to twenty dollars ($20) per month; repealing section 9.50.205 of the City of Yakima Municipal Code; amending sections 9.50.080, 9.50.215, and 9.50.220 of Chapter 9.50 of the City of Yakima Municipal Code. RDINANCE. NO.:20057.0- AN ORDINANCE relating to parking on streets in the core business district, and parking and Tong" term:parking in :parking lots' owned by tfie City of Yakima; 'creasing the street parking and city parking lot tine limitation in the core' business district from two hours -to-three hours, expanding the personsgible ` toaobtin a Iong e "term parking prmitfor -owned City parking lots :under- YMC 9.50 215,to include residents and employees of businesses and government agencies in said area, increasing the ercentage of parking spaces available for Iong term parking permits in ,riy�wned°parking lots from thirty percent (30%) to fifty percent (50%); decreasing the costs of long-term parking' permits froom forty dollars ($40) ''er mornth to twenty dollar`s` ($20) `per repealing section 9.50.205 of City -of 'lakinia Municipal Code; amending sections 9.50.080, 9.50.215, and 9.50.220=of Chapter 9.50 of theCity' of- Yakima -'Municipal Code. BE IT ORDAINED BY THE c1TY OF YAICIMA: Section 1 Section 9.50.080 of Chapter 9.50 of the Ci hereby amended<,toread-as follows "9.50.080 Padang time limited in core business distract. When signs are erected in each block giving notice thereof,n.o person shall park a vehicle for longer than iive three consecutive hours between the hours of eight and.six p m of any _day,except'- Saturdays, ,Sundays and•.publio,hohdays;:on any street within the 'area bounded on the west by the centerline of lst Street, on, the south by the centerline of Walnut Street, on 'the eWstthe`cerite=mule of Naches Avenue, and on the north by the .centerline of "B" Street; and for., the purpose of this section, it is unlawful for any person to move a vehicle from any pnblie parking locationon °any -street within the above described area and to park'that vehicle --at any otherfpublic parking location on any street within' that 'area'in such` a mannerthat the accumulated` parking time_exceeds #we three consecutive hours. On or about March 1, 2008, the City Council shall °review the appropriatenesscofthe`three-hour parking'time linutation " of Yakima Municipal Code is Section 3. Section, 9 50:215 of Chapter 9.50 of the City , of :Yalam herebyamended to read foIlows - Municipal Code is "9.50.215 Parking fees for city -owned parking lots. A. The following fees;shallY:begpaid by any person who parks a vehicle in a city -owned parking lot designated for free parking: ree; serifs an hour for each,additional hour, or parttereot at no person shall parka vehicle' ix)uch parking tween ai.i ve.`p m for more than anaggregate of sewe three hourslotbewithout except ori days: designated in subsection B as exempt.. On City Council shall review the appropriateness of the 2008, e Mr:.pariang penoL F Such fee shall be deposited m a container located upon such parking lot in a slot whose nu niter. corresponds to the number on the parking place in which such vehicke is parked The fee schedule m subsection,A shall be in force during the hours from ight a m and five p m., Monday through Friday, with _the': exception of the following holidays, -Saturdays and Sundays.., New Years Day Martin Luther King Jr. Birthday Washington's Birthday Memorial Day lndependence Day Labor Day. Veteran's Day Thanksgiving Day •Chstnas •Dav'' January 1. 3rd Monday in January 3rd -lVloridayin'Febr iary Last Monday in May ..Juky4 1st Monday: nSeptember. November 11 Thursday -in Noven eeember • 'On 9:50.220 of -Chapter 9 50 of tl e'City:of YakimaaViunicipal Code is hereby amended to read as follows '9.50.220 Long-term'parkmg permits A Issuance of Permits The issuance of .permits; to . authorize long-term ...parking parking y city, dmmistered by the vehicular arkm in azkm lots owned b ._the -shall be a city department of finance and budget according to the follow ng rules and tions:.`;: 1 The number' of long term ._ not exceed fifty percent of the par The Yakima city director of finance and badget is authorized to determine the number of permits to be applicable to vanou's Iots from time to time, within the limitations and according to the authority, rules and of this section. When quotas are filled, subsequentapplications will be placed on file, a waiting list will be established, and permute will be issued as openings occur. • shalrbe. issued oi1y.Upori :the writtert."'applidaticm �f a: resident ...residing within, f'or.a.n:',."'owner,-e manager-,br (rl'or governmental agency located within the arebtided.bYgliefolloWitigitreeta: '"13"-',=Ste6et :orilr-the Naches Street on the south, and First Street bitthe west• .; • NoAttore :than .6itelotik ternipaikiiitl3ei±iiitina3iIieiSSiie'd to thefeSident of each residential unit within the area described4abSiOtioli12)of MIS 'ieeti6n. A .iesideritial -Unit means single 34. Application shall be made on forms furnished by the office of finance,aii&bUdket'''.5aictiatiplitatiOilifOrMS'Aidil the a. Name, address, and telephone number of the apphcant b',Make; model, Vehicle or pieSiifs. truck, , which vehideShaltnot7exceedloiliteenithotisatid:pekmdS iifftroSS Weight;Whieh is tegisteredgo, the:applicant and for which the permit is.sought, Irighe.,tage f aresidolitapiolyinfota pentriit;glie:riaitieS,of those persons living in the same residential unit as the applicant; d. A copy;:of the',etirterif 40.hidetegistiatiort;.: de. A copy of the applicant's current driver's license; foriurequired by RCW 4630 030,A representation thafthe vekucle is operable and may be legafly driven on the public highways of-wobifigtoet.AtA;-,4-td.i:.,;,,,i..: git.,:Stith-othetAtifdpiiitiori:0-:`1i0.Areeitit of-fixf4.4-tcaii-d,bitag-et or her/his designee may deem necessary m complymg with the terms of this section operationz 5 The issuance of a permlt does not reserve a parking spacem the parking , . lot : and'"eaeh'applitant for ra pernut ghallaCknovileagt in wntirtg that no such • . spate:AS' leSerkrecr and -.;that.the:':isanarite :.: does.4iot guarantee the availability of a parking space at all times'or-atany particular time. 6. Each permit shall have designated thereon the parkinglot for which the permit is valid, and the attempted use of a permit for parking in a lot other than designated on the permit shall not afford the parking privil.eges which otherwise may be enjoyed by the permit holder. 7. Permits will be issued on a quarterly calendar basis only; to expire on the last day of the months of March, June, September, and December of each year. 8. The fee for a Iortg-term parking permit shall be onc hundred twenty sixty dollars per calendar quarter to be paid to the director of finance and budget at the time a new permit is issued, or at the time of making application for a renewal. The fee for a new permit to expire in less than three calendar months will be prorated at the rate of forty twenty dollars for any full,or partial calendar month remaining in the calendar quarter. No fee Will be prorated for less than one full calendar month. .On or about March 1, 2008, the City Council shall review the appropriateness of the sixty dollar quarterly parking permit fee. • • - ••... • • •••: 4 • • • Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of February, 2005. ATTEST: is/ KAREN S. ROBERTS City Clerk Publication Date: 18 Effective Date: 3 — S/ PAUL GEORGE 5 Paul P. George, Mayor BUSINESS OF THE CITY COUNCIL YAKIIVIA, WASHINGTON • • ITEM TITLE: SUBMITTED BY: AGENDA STATEMENT Item No. 1 For Meeting Of: February 15. 2005 An Ordinance relating to Parking in the Downtown Area Finance Department Economic Development Department CONTACT PERSON/TELEPHONE: Bill Cook, Director.- of Community and °`Economic Developrnent 575-6113 Pete Hobbs, Utility Services Manager 575-6080 SUMMARY EXPLANATION: The City Council considered this information at its January 18, 2005 meeting and requested staff to consult with the West Side Merchants and Front Street Association to confirm that they agree with the proposed changes to the parking limits in the area outside the 16 -block core area, but within the downtown area outlined in the ordinance. Monica Weyhe, member of the Yakima Downtown Association, consulted with the other downtown groups and determined that the Westside and Front Street Merchants were not prepared to comment on the proposed changes without additional discussion and evaluation by their respective organizations. However, because many of the proposed changes only affect the 16 -block YDA area (i.e. 3 - hour parking limit in city -owned lots, percentage of parking lot spaces committed to monthly parking, and the quarterly rental rate), and because YDA is anxious to move forward with extended downtown parking limits in their own 16 -block area, the ordinance has been amended to change parking limits only within the YDA 16 -block area. When and if the other two associations are ready to recommend similar changes, we will come back to Council to recommend amendments to this ordinance. At the February 1, 2005, City of Yakima Council meeting the Parking Ordinance was removed from the agenda to allow time to address the issue of residential parking permits in the downtown core area. The attached ordinance repeals section 9.50.205, Residential Parking Permits for City Owned Parking Lots, and amends section 9.50.220 of Chapter 9.50 to add residential parking within one section. This ordinance just addresses the downtown parking lots in the 16 -block core area. -Continued on Page two - Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance. COUNCIL ACTION: The Downtown area is in a state of transition. With the closing of the Yakima Mall, there is a lower demand for shopping related parking in the downtown area. There is a corresponding decrease in parking related revenues. However, the parking requirements of people that work in the downtown area remain The strategy of this requested change is .to get cars off the streets and into City lots, thereby freeing up street parking for customers. The Yakima Downtown Association has requested City Council to modify the current parking ordinance to include the following: • Increase the allowable number of parking permits in the City. owned lots from 114 to 175. There are currently 349 spaces, including handicapped spaces • Decrease the price of permits in those lots from $120.00 to $60.00 per quarter, o .Remove some restrictions on permit eligibility • Increase the free parking time in the City lots from two hours to three hours ® Increase the on -street parking limit from two hours to :three hours in the 16 block core business district. • l 2009. Parking Commission Members Larry Hull - President — larrvamegalodonllc.net Mike McMurrary - 457-5151, Imcmur6003Ca�aol.com Nick Hughes — nhughes0180(cilcharter.net Joe Morrier — 248-4040, ioe(aiemdev.com Diance Vance — dianevanceavahoo.com Tony Klein — tklein(abannerbank.com Bill Lover — bloveraci.vakima.wa.us Rodney Lewis — rlewis catlwins.com Ex Officio Dave Zabell — dzabeIk ci.yakima.wa.us DownTown Parking Lots Lot 1 - 107 Spaces A SVN 2nd st Lot 2 - 185 Spaces hestnut/S 2nd/3rd Strs Let - Spaces N N 155 1 St A St Free Parking Lot 5 - 18 Spaces S 2nd St Street Parking -- No Parking — Two Hour 1 1 1 One Hour March 10, 2009 RE: CALE Parking Systems USA, INC — Meter Quote —110104 Compact Ms. Ownby Per your request, CALEUSA has put together pricing for the procurement of the CALE MP104 Compact multi -space meter. The price of your meter will be the same price the City of Portland, OR received. MP104 Compact — Multi -Space Pay by Space Meter— Wireless Enforcement UNIT Price Includes - • Coin Acceptance (All US Coins) • Credit Card Acceptance (M/C, Visa, Disc. And Amex) • Solar Powered with Battery Back-up • Communications,Capability/CALE Web -Office- - Real-time Credit Card Validation, Alarms and Statistical Reporting • Unique lock sets — Will match to current install base • One year parts warranty • Stainless Steel Cabinet • Standard Black Color Scheme 1. UNIT PRICE 2. SHIPPING 3. INSTALLATION 4. PAY BY SPACE Option $7,150 $200/Meter $1,750 (Two days to install all meters, from the prepared ground, and training) $500/Meter —Enforcement hand-held can be provided, at a price, by CALE; any Windows CE compatible, "Smart Phone", with a browser, will suffice. Installation — CALE will be performing the installation and training for the meters. The installation will be from the prepared ground surface that the DTPA will be responsible for completing, including any concrete/drilling work. CALE will provide installation diagrams for the contractors, and the hardware (Base Anchor or Anchoring Bolts) necessary to affix the meter to the prepared ground. Note: Receipt paper must be purchased from CALE USA in order for the warranty, on the printer, to remain in effect. Your wireless/CWO fees will be $45/Meter/Month and the cost of receipt paper will be $35/roll, plus S&H. CWO fees are $55/Meter/Month if Pay by Space is preferred. Pricing Cont'd CALE :ParkingSystems USA; Inc. 21925_ US Highway 19N, Clearwater, FL; 33765 '727-7244800` SALES TAX CALE's pricing does not include Sales -Tax. Ifyour institution is sales tax,exempt, please provide a copy of your Sales Tax Exemption, Certificate, made out to Cale Parking Systems USA, Inc. Ifyou area taxable customer, please include your county and/or municipality along with your sales tax rate and indicate any, products_or services that are considered exempt by your state's Department of Revenue.. Please be sure to add, the appropriatesales tax to your Purchase Order. It is highly recommend that the City purchase the following Spare Parts Kit This will allow a seed stock of key parts to reside in the City and be ready for deployment at a moment's notice. This action will mitigate any downtime resulting from a:`bad" part, Spare Parts Kit OTY PART. DESCRIPTION 1 CPU Board (without case) 2 Card Reader - lqagfeek 1 Thermal Print Head 2 Anti -Pin Assembly kit 1 Coin Selector 1 Escrow 'WPC 1 Communication Board 1 GPRS Modem 1 Daughter Board for Bill Acceptor TOTAL Shipping and Handling is $20 Please call me with any questions, Sincerely, Ryan Bonardi Director of Sales 410.534.2790 PART # Unit Price CPMB100 $1,237.94 24HB400 $155'.:63 24PR135 $269.85 C4AP100 - - $357.77 24CS100 $299.25 CPES100 $357.77 04CM00 $864.61 04WC120 BAB000401 • $345.85 $389.99 $4,792.06 . • ' CALE-Parking Systems USA, Inc. 21925 US ilighWay 19N, Clearwater, FL 33765 SALES TAX CALE's pricing does not include Sales Taxiitymiiinstittition is sales tax exempt, please provide a copy of your Sales Tax Exempthin Certicille,Made out to Cale Parking Systems USA; Inc. If you are a taxable customer, please include your county indJotalong with your tix rate andindicate any products or services that are considered exempt by your - state's Department Of Revenue". Please be sure to 'add' the appropriate sales tax to your Purchase Order. • MP 104 Compact GENERAL TECHNICAL DATA CABINET AND PEDESTAL Dimensions (HxWxD) Construction Vault design - Door - Side steel - Cash vault door - Locking plates Weight Paint Compliance 1670x 410 x 300 mm (65.7" x16"x11.8") 2 mm (0.081 stainless steel SS-EN2333 2 -door security design 3mm(0.118") 4 mm (0.16") armoured steel 6 point locking mechanism Drill protection 75-85 kg (165-187 pounds) Powder coated with anti- grafitti paint EN12414 ENVIRONMENTAL CONDITIONS Operating temp. - Solar - Mains with liter Relative humidity ELECTRICAL DATA Power consumption - Mains operation - One heater - Two heaters Battery operation Solar operation DATA Data storage Transactions storage Transaction backup INTERFACES Standard Optional PAYMENT Magstripe cards Chip/smart cards Coin verifier Coin slot Escrow volume Coin box volume -15 °C to 60 °C (0 °F to 140 °F) -35 °C to 60 °C (-31 °F to 140 °F) Upto95% 230 V 115 V 0.2 A 0.4 A 0.5 A 1 A 1A 2A 12VDC* 10.5 W to 20.5 W ** 512 KB static RAM Up to 16 MB 5000 latest transactions 2 x RS232, 2 x PC card slots 1 x RS232, 1 x RS485 8 relay input circuits 8 relay output circuits Swipe and insertion readers Supported 15 coin types, 3 tolerance ranges Unique mechanical coin slot shutter with inductive loop. 0.2 1(6.8 ounces) 4.6 I (155 ounces), with SW - controlled overfill protection OPERATION Push buttons Keypad Display RECEIPT PRINTER Printer type Capacity Characters Paper cutter Take ticket sensor COMMUNICATION GPRS, GSM, PSTN Type of data Magnetically actuated Reed switches Internal: Mechanical -stroke External: Piezo 2 x 20 characters Light sensor 2 programmable LEDs - Yellow (warning) - Red (alarm) Thermoelectric Up to 9000 per refill Proportional font, up to 80 char/line Complete cutting Optional All supported Transactions, blacklists, tariffs, parameters, statistics, alarms, etc. NETWORK No. of nodes Up to 10 Applications MEMO and Real -Time Payment (shared database) CENTRAL ADMINISTRATION Software C -Argus *) Period of operation depends on ticket purchase volumes. **) Operation time on battery depends on size and position of the solar panel and the geographical location. Specifications are subject to change without notice. 0 CALE ACCESS Certified according to ISO 9001 and 14001 www.caleaccess.com .. Above: CALE MP104 Pay 8 Display Parking Meter (The Parking District's meter will be historic brown with a cream -colored face) Dimensions: 15-1/2" long, 9" wide, 51/7 tall. NEW When Town of Truckee Downtown Parking Dist ■ Pay & Display Stations (Meters) will "go live" October 17, 2005 ■ Parking District Enforced Daily (Including Weekends and Holidays) 10:00 A.M. to 6:00 P.M. Where • Historic Downtown Truckee • Pay & Display Stations Located in Dark Blue Areas • Employee Permit Parking Located in Dark Green Areas • Resident Permit Parking Located in Red Areas ■ Better Manage Parking in the Historic Downtown Area ■ Provide Funding for Capital improvements in the Historic Downtown Area • Provide Funding for Ongoing Maintenance and Snow Removal of Downtown Paid Parking Areas CALF Meter • Solar -Powered with a Battery Backup • Contains a Backup System to Report Malfunctions • Accepts Credit Card ($2.00 Minimum Purchase) and Coins ($1.00, $0.25, $0.10, $0.05) (A Change Machine will be Located in the Train Station Building) PBX, GOV 111.5•111012 lea PAY TO PARK Above: Ne ParkirtelR-eta<: ■ $1.00 Per Hour 1st 2 Hours, $2.00 Per Hour 3rd Hour, $3.00 Per Hour 4th Hour; 4 -Hour Maximum ■ $10.00 All -Day Parking in Parking Lot Between Fire Station and Train Depot ■ $4.00 Ovemight Parking for Hotel Guests and Patrons of the Bus and Train in the Parking Lot to the East of the Beacon Gas Station (also an Employee Permit Parking Lot) 'ermit: SFA TOWN Of RUC,: DOWNTOWN PARSING !.• OLAshons RKose 530.583 7020 awls 0014 INIM.701/ 00 WO M. roan nos 1.01111.1•10.1 -• .111.1.40441 COIN CREDM CMD PAYMENT I. INSERT COINS TO ADD TIME IA. INSERT CREDIT CARO AND REMOVE QUICKLY 794 IB PRESS PAY VALUE BURGH TO DEBIT CNA X000 T. PRESS GREEN BUTTON TO PROCESS TRANSACTION AND RUNT RECEIPT 3. DISPLAY RECEIPT VISIBLY ON DRP/DES SIDE DASHBOARD - Above: Instructional Placard on Meter WELCOME To TnUG(EE rowN RAPINE 0 NANUf PARKING EAPRES EXPIRES 01:31AM $A02 MSEP 05 J „ 21 SEP R: PAD ENTPY TWE '1 SEP OS ottE AM RECIFT 504089 mnr P.M Suripa.I.V. Above: Meter Receipt to be Placed Visibility Face -Up on Dashboard • Overnight Parking: Permits for overnight parking in the designated overnight parking lot may be obtained from the respective hotel for hotel guests and from the Chamber of Commerce for bus and train patrons. Vehicles must display (1) overnight permit placed on rearview mirror, and (2) receipt from the meter placed on the driver's side dashboard indicating payment for parking. / ■ Resident Permits: Resident parking permits will be provided at no charge. To acquire a resident parking permit you Signage must provide the fol- lowing: (1) utility or telephone bill, or rental agreement, insurance policy, bank statement or preprinted checks indicating you live within the resident permit parking area; (2) California vehicle registra- tion; and (3) valid identification card. Resident parking per- mits will be available at Town of Truckee offices after November 1, 2005. Enforcement at resident permit parking areas will begin December 1, 2005. kid HOURS MAO MUM Above: Instructional Decal on Meter ■ Employee Permits: Employee parking permits will be available only from employers. The town will provide each employer with information on how to obtain employee parking permits by mid October. Employee permits will cost $40 per month, $210 for a six month permit, and $360 for an annual permit Employees may also purchase a daily parking pass for $2.00 per day at the employee parking lot that is located east of the Beacon gas station. Vehicles parked in employee parking lots must display a valid monthly, semi-annual, or annual permit, or display an employee permit plus a daily meter receipt. Employee parking permits will be avail- able at Town of Truckee offices after November 1, 2005. Enforcement at employee parking lots will begin December 1, 2005. Downtown Parking District t<Reod Mil PAD, 114.114 PM M1 e Per.. P..r Ames P.mmn P.Arry Arm N� 3 130 TAP Ags Contact Information • Parking District Phone No. 582-7020. • Additional information at www.townoftruckee.com and click on the Downtown Parking District link. • BUSINESS OF THE CITY COUNCIL YAKIMA,WASHINGTON ,AGENDA STATEMENT ITEM TITLE: Item No. For Meeting of: March 24, 2009 Downtown Yakima Parking Commission Recommendations to City Council (1) Improving =Downtown Core Parking Operations; (2) Necessary Amendments to YMC 9.50, and (3) Resolution Authorizing City Manager to Execute Necessary '"'Agreements`to Implement Parking Commission Recommendations 'SUBMITTED BY: Downtown Yakima Parking Commission Dave Zabel!, Assistant City Manager Chris Waarvick, Director of Public Works Lawrence Watters, Senior Assistant City Attorney Sue Ownby, Purchasing Manager CONTACT PERSON!TELEPHONE: Chris Waarvick; 576-6411 " ' (In the future the Contact Person will be the new CDY Executive Director at 225-2485) SUMMARY EXPLANATION: Staff respectfully _submits this report_ on behalf of the Downtown . Parking Commission with their recommendations and subsequent.. necessary implementing actions.. At the February 15,' 2005 Business;. Meeting (Item";12), the City Council accepted 'Yakima Downtown Association's (YDA)` ' recommendations to ' amend' parking ' codes (YMC 9.50) via Ordinance No '2005-04. The ordinance states that these changes inrere to be reviewed by City Council by'March 1, 2008. On `July 17, 2007, the'Yakipr 6 `City'Council 'created the Downtown Yakima Parking Commission through Ordina ice}No. 2007 35';and 'enacted `a new chapterfor the.Yakima Municipal Code` (YMC 9,49) The Downtown Yakima Parking Commission' has completed their review of'the parking' amendments made in2005: ' - : • Continued on next page.) Resolution X Ordinance X Contract Other (Specify) Agenda' Item & excerpts from 2/25/05 & 7/17/07 Council Minutes; Parking: Commission Member List, Map Funding Source CBD Fund—$75.000 APPROVED FOR SUBMITTAL: City onager STAFF RECOMMENDATION: Staff respectfully requests that Council follow the Parking Commission and DYFI Committee recommendations by approving the Phase I list of items. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Council DYFI Committee sends the Parking Commission's recommendationso the full Council for approval of Phase I items. COUNCIL ACTION: 1111 . „ Attached is the full list of recommendations from the Yakima Parking Commission, who had essentially completed this work in November pf.;2008. The pyfi ,Committee has reviewed these parking amendment Chenges to the on-street parking-ertireit*OWned lot parking and sends them to the full .Council with a,recommendation to approve. Those changes are embodied in the attached amended YM-C-91501Or your. review and approval: The Parking Commission reconirnerld4:4*O-phase approach. Phase 1, ino:160es the abOve-discussed changes to the Parking Code, initiating .education and informational ,effort-4:for downtown parking and way-faring assistance, and „procurement:of; five parking lot,fee-,4qCOpting,machines to replace the dilapidated manual boxes currently in piece.- Subsequent to instaitiOn of these devices (two in Lots 1 and 2, and one in Lot 4) users of these parking lots will have two-hour.fTee parking encLone-dollar per hour thereafter. . Phase I will be implemented within the City's existing parking enforcement resources. However, as requested by members of the Council DYFI Committee,, the, Parking , Commission has made development of an enhanced enforcement plan a top priority. A map is included showing the lots and on-street parking time zones as proposed in the amended ordinance. City, Finance has verified that the CBD Fund has approximately $75,000 available anclappi-Opriated MI:the purposes described in the Parking Commission recommendations. This revenue comes from monthly pass collections and the sate of downtown right of ways. In summary, the Parking 'Commission requests Council approval of the items found under aPhase la of their March 2009 report. Technical information on the parking meter teChnOlOgy is also included. Staff , has discussed Portland, Oregon the experience they 'have. had With 'these CALE' manufactured devices. Thee .experience has, been good, Portland has nearly oft,thesedevicee in place, If Council concurs with the Parking ,COmmiseiOn recornrnendation for the CALE'MP..j'04-devid6S-st approximately $8,000 per unit, Purchasing hasAn,*awlps!--agrprwrit. wjth‘Focpaooj9, pOrchase.Off,thei,r. contract with CACE.thui4Voiding manager of the Portland parking system does cnot lease these units= but prefers to pUrChase',OUtright and reCornmends that we do so also. After:i discussion .the City iof Portland, the recommendation it to have the meters accept debit/Credit cards and:Wins, but not bilis. Not only does the bill accepting model cost significantly more due to the required 'bill .validation technology involved, other operational complications with bills become evident. Once decisions have been made as to operational responsibility, the appropriate banking relationships will .be - established to implement the collection and processing of fees. The attached resolution authorizes the City Manager to execute the necessary- agreement to procure the CALE parking equipment end 'other documents or 'agreements directly related to the successful installation, opei-atiorvand.management of this equipment. List of Attachments: (1) -Downtown Parking Commission Recommendations and Revenue Analysis (2) Proposed Revisions to ¥MC Ordinance 9.50 (3) Resolution Authorizing City Manager to execute various agreements for Downtown Parking (4) Map of Proposed Downtown Parking _.(5) _ .CALE Equipment Quote and cut. sheet (6) Referenced Previous Council Actions and Minutes (7)- •Pdng ComMission Menther List • , • 2 of 2 3/18/09 2:38 PM C:\Documents and Settingslmskovald.YAKIMA CITY\Local Settings\Temporary Internet Files\OLK195\Parking Commission 3_24_09 AS (4) Finaidoc JUN 2 9 2006 CONTRACT NO. 3 6 7 3 4 for PARKING PAY STATIONS This Contract, made and entered into this - ay of "J 2006, by and between Cale Parking Systems USA, Inc., a Florida Corporation, hereinafter called Contractor, and the City of Portland, a municipal corporation of the State of Oregon, by and through its duly authorized representatives, hereinafter called City, W1TNESSETH: ARTICLE I. The parties hereto mutually covenant and agree to and with each other as follows: atrii) 1. STATEMENT OF WORK: To provide, install and maintain parking pay stations. The Bureau of Transportation System Management proposes to engage the Contractor for the 'following services: provide a minimum of 200 parking pay stations delivered and installed in the locations identified by the City in accordance with agreed-upon performance standards, during the first two (2) years of the contract, with a potential of 500 pay stations over the term of the extended contract. All work shall be performed in accordance with Attachment A. 2. EFFECTIVE DATE AND DURATION: The initial term of this Contract shall begin on the date of last signature by the parties to this Contract, and shall expire on June 30, 2008 unless terminated sooner as provided herein. The parties may, by mutual consent, agree to extend this Contract for an additional one year period and then may extend up to three (3) additional one-year terms, taken individually or in multiple years. At least thirty (30) days prior to the expiration of the initial term, or extension, the parties shall commence discussions if they desire to extend the Contract. The Contractor shall provide a written extension proposal within fifteen (15) calendar days following the City's request for such a proposal. However, nothing binds or requires either party to extend this Contract. The total term of this Contract shalt not exceed five (5) years. 3. CONSIDERATION: The City agrees to pay Contractor a sum not to exceed one million five hundred seventy-five thousand dollars and no/100 $1,575,000.00 for accomplishment of the work. Interim payments shall be made to the Contractor according to the schedule of Contract Pricing as previously provided in Contractor's response to RFP #105126, dated March 18, 2006 and based upon the delivery schedules agreed upon by both contractual parties. 4. INVOICING: The City of Portland is a tax-exempt governmental agency. Prices shall not include federal, state, local, or other taxes howsoever designated now or hereafter, unless the City is responsible therefore. The Contractor shall submit billings in a timely fashion. Invoices shall be sent to: City of Portland Office of Transportation, Bureau of Transportation System Management Parking Operations Division, Attn: Ruth Lane 1120 SW Fifth Avenue, Room 800 Portland, OR 97204 Contractor is at all times solely responsible for billing accuracy and timeliness; Contractor shall provide invoices for the goods and services to the City in paper form. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoice items are received and satisfactory performance of Contractor has been attained. 5. INVOICE PAYMENT: Invoices submitted for payment shall identify the goods and services, the unit price, quantity, extended price, order number and invoice total. Additional billing details may be agreed upon between the parties. Invoicing for goods and services shall at all times be in arrears. Invoices for payment shall be provided to the City within ninety (90) days of successful delivery of the billed goods and services. Payment shall be made only in accordance with the schedule of Contract Pricing previously included within the Contractor's response to RFP #105126 as herein provided as Exhibit B No interest charges or late payment charges shall accrue for disputed charges. Revised invoices or billing adjustments shall apply only to goods and services that can be verified by the City. Requests for such adjustments shall be submitted in writing to the City within six (6) months of acceptance of the goods and services, shall reference the original invoice in which the error was made, and contain the level of detail defined in billing detail above. Billing adjustments shall not be submitted to the City in any form other than a paper document. The City shall pay undisputed portions of disputed or incorrect invoices where the City can easily identify the undisputed portion. Failure by the City to pay any portion of or the entire invoiced amount based on Contractor billing errors, goods and services that fail to comply with this Contract, or disputed charges shall not constitute default under this Contract. Payment of an amount Tess than the total amount due on all unpaid invoices shall be any particular amount or item, which is subject to any claim of error or dispute between the parties, without prior written City approval. ARTICLE II. Shipping of goods and materials shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor. The insurance requirements are as follows: 6. INSURANCE — PROOF OF COVERAGE Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor. Insurance - Public Liability and Prooerty Damage The Contractor shall provide and maintain public liability and property damage insurance that protects the Contractor and the City and its officers, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury arising from the Contractor's work under this contract. The insurance shall provide coverage for not less than: For Personal Injury $500,000 for each occurrence For Property Damage $500,000 for each occurrence The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage shall apply as to claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the contractor shall provide a new policy with the same terms. The Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the contract. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the contractor. Automobile liability insurance with a combined single limit of not less than $500,000 each occurrence for bodily injury and property damage. Workers' Compensation Insurance Prior to the performance of any work under a contract awarded by the City, the Contractor shall comply with the workers' compensation law, ORS Chapter 656, as it may be amended, and if workers' compensation insurance is required by ORS Chapter 656, the Contractor shall maintain coverage for all subject workers as defined by ORS Chapter 656 and shall maintain a current, valid certificate of workers' compensation insurance on file with the City Auditor for the entire period during which work Is performed under the contract. ARTICLE III. In consideration of the premises, and in accordance with the provisions for acceptance and payment for work set forth in these Standard Terms and Conditions and Special Terms and Conditions, the City and Contractor hereby agrees as follows: STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR STATUS: The Contractor is engaged as an independent contractor and shall be responsible for any federal, state, and local taxes and fees applicable to payments hereunder. The Contractor, its subcontractors, and their employees are not employees of the City and are not eligible for any benefits through the City including, without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 2. ASSIGNMENT AND SUBCONTRACTING: This Contract or any interest therein shall not be assigned or subcontracted to any other person or entity without the prior written consent of the City of Portland. In the event of transfer without prior written consent, the purported transfer is void and the Contractor remains liable for performance of the contract. The Contractor shall not subcontract its work under this Contract, in whole or in part, without the prior written approval of the City. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Contract, the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers' Compensation. 3. AMENDMENTS: All changes to this Contract, including changes to the scope of work and contract amount, must be made by written amendment and approved by the Purchasing Agent to be valid. The City's Purchasing Agent is authorized to execute amendments to this Contract without the City's further approval, provided such amendments are in writing, signed by both parties, and approved by the City Attorney's Office. Contractor understands that City employees have no actual or apparent authority to enter into amendments, except as may be specifically granted by the City Council to the Purchasing Agent, or to waive the approval of the City Attorney's office. 4. FORCE MAJEURE: Neither City nor Contractor shall be held responsible for performance if its performance is prevented by unforeseeable acts or events beyond the party's reasonable control including, but not limited to: acts of God; fire, flood, earthquakes or other catastrophes; strikes or other labor unrest; power failures, electrical power surges or current fluctuations; nuclear or other civil or military emergencies; or acts of legislative, judicial, executive, or administrative authorities; or any other circumstances that are not within its reasonable control. 5. NO THIRD PARTY BENEFICIARIES: Contractor and City are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, assigns or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons. 6. SUCCESSORS IN INTEREST: The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns. 7. EARLY TERMINATION OF CONTRACT: The City and the Contractor, by mutual written agreement, may terminate the Contract at any time. The City, on thirty (30) days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. Either the City or the Contractor may terminate this Contract in the event of a material breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and the party's intent to terminate. If the party has not entirely cured the breach within thirty (30) days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 8. SUSPENSION OF THE WORK: The City may at arty time give notice in writing, by electronic mail, or by facsimile to the Contractor to suspend this Contract. The notice of suspension shall specify the date of suspension and the estimated duration of the suspension. in no event shall the Contractor be entitled to any lost or prospective profits or any incidental or consequential damages because of suspension. 9. PAYMENT ON EARLY TERMINATION: In the event of termination under EARLY TERMINATION OF CONTRACT hereof, the City shall pay the Contractor for goods and services in accordance with the Contract prior to the termination date and delivered to City provided that such goods and services conform to Contract specifications and are of use to the City. In the event of termination under EARLY TERMINATION OF CONTRACT hereof, by the City due to a breach by the Contractor, then the City shall pay the Contractor for goods delivered and services performed in accordance with the Contract prior to the termination date subject to set off of excess costs, as provided for in Remedies. In the event of early termination ail of the Contractor's work product shall become and remain property of the City. Under no circumstances shall the City be subject to early termination penalties for recurring charges for goods or servicesthat the City cancels during the term of this Contract. 10. REMEDIES: In the event of termination under EARLY TERMINATION OF CONTRACT by the City due to a breach by the Contractor, then the City may purchase goods and services outstanding from another contractor and the Contractor shall be liable for additional re -procurement costs incurred by the City. The City also shall be entitled to any other equitable and legal remedies that are available. Except as expressly contained in this Contract, the remedies for a breach of this Contract shall not be exclusive, or construed as a limitation on any other equitable and legal remedies that are available, including without limitation rights or remedies for the sale of goods that are or may become available under its records according to ORS Chapter 72.7010 to 72.7250. 11. ACCESS TO RECORDS: The Contractor shall maintain professional accounting standards and on a current basis, and the City and its duly authorized representatives shall have access to, the books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. 12. AUDITS: The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services specified in this Contract at any time in the course of the Contract and during the three (3) year period established by ACCESS TO RECORDS. Audits shall be conducted in accordance with generally accepted auditing standards. If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City. Under no circumstances will the payment of previous invoices constitute an acceptance of the charges associated with those invoices. If any audit shows performance of services is not efficient in accordance with Govemment Auditing Standards, or that the program is not effective in accordance with Government Auditing Standards, the City may pursue remedies as provided under EARLY TERMINATION OF CONTRACT and REMEDIES. In addition, the Contractor agrees to abide by the standards of the Office of the Comptroller set forth in May, 2002 Office of Justice Programs (OJP) Financial Guide, including without limitation in accordance with Office of Management and Budget (OMB) Circulars A87, A-102, A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records pertinent to this contract shall be retained by the Contractor for a minimum of five (5) years for purposes of State of Oregon or the OJP Financial Guide from the Office of the Controller and apprise itself of all rules and regulations set forth. 13. COMPLIANCE WITH APPLICABLE LAW: In connection with its activities under this Contract, Contractor shall comply with all applicable federal, state and local laws and regulations. All statutory, charter and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract. The following additional conditions apply to this solicitation and any resultant purchase order or contract: Appendix A as attached hereto 14. INDEMNITY: Contractor shall hold harmless, defend, and indemnify the City of Portland, its officers, employees, and agents, from all daims, demands, suits, actions, losses, damages, liabilities, costs and expenses of whatsoever nature, including all attorney's fees and costs, resulting from or arising out of the activities of Contractor or its officers, employees, subcontractors, or agents including intentional acts, or of its subcontractors, agents or employees under this Contract. 15. NON -WAIVER: No waiver, consent, modification, or change of terms of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purposes given. The failure of the City to enforce any provision of this Contract shall not constitute a waiver of that or any other provision. 16. GOVERNING LAW ! VENUE: The provisions of this Contract shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of laws provisions. Any action or suits involving any question arising under this Contract shall be brought in the appropriate court in Multnomah County, Oregon. By signing this contract. the Contractor agrees to in personam jurisdiction of the Oregon courts. 17. JUDICIAL RULING: If any provision of this Contract as applied to either party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Contract or the validity or enforceability of the Contract. 18. SEVERABIUTY: In the event that a court, government agency, or regulatory agency with proper jurisdiction determines that this Contract, or any provision of this Contract, is unlawful, this Contract, or that provision of the Contract to the extent it is unlawful, shall terminate. If a provision of this Contract is terminated but the parties can legally, commercially, and practicably continue without the terminated provision, the remainder of this Contract shall continue in effect. 19. ENTIRE CONTRACT: This Contract, its referenced Attachments and Exhibits represent the entire Contract between the parties. This Contract is a final, complete exclusive statement of the terms thereof, and supersedes and terminates any prior Contract, understanding, or representation between the parties with respect thereto, whether written or oral. 20. NONDISCRIMINATION: Contractoragrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the Americans With Disabilities Act of 1990 (Pub I. No. 101-336) including Title II of that Act, ORS Chapter 659.425, and all regulations and administrative rules established pursuant to those laws. 21. PURCHASE BY OTHER CITY AGENCIES: Contractor agrees to extend identical prices and services under the same terms and conditions to all regional public agencies. Each participating agency will execute its own Contract with the Contractor for its requirements. Following any initial purchase(s) by the City of Portland, additional quantities of the materials listed herein may be purchased to replace or supplement existing supplies and will be funded by various general funding sources of the various jurisdictions. Additional quantities of these materials may be purchased by other public agencies pursuant to ORS 279.015; other public agencies may utilize the City's Contract for these materials and purchase directly from Contractor without additional competitive processes. This is only allowable when the original Contract was executed following a competitive process and allows other public agencies to use the Contract. No written agreement or contract between the public agencies is required if both agencies are local governments. 22. LIENS: Contractor shall not permit any claim to be filed or prosecuted against the City or any lien against the property purchased in connection with this Contract and agrees to assume responsibility should such lien or claim be filed. 23. WARRANTY: The Contractor shall guarantee its products to be free from defects in materials and workmanship; given normal use and care, over the period of the manufacturer warranty. The Contractor shall agree to repair and/or immediately replace without charge (including freight both ways) to City Users any product or part thereof, which proves to be defective or fails within the warranty period as specified. 24. ENVIRONMENTALLY PREFERABLE PROCUREMENT: Pursuant to the City's Sustainable City Principles, which direct City Bureaus to pursue long-term social equity, environmental quality, and economic vitality through innovative and traditional mechanisms, proposers are encouraged to incorporate these Principles into their scope of work with the City wherever possible. There fore in accordance with the Principles and the City's Sustainable Procurement Strategy it is the. policy of the City of Portland to encourage the use of products or services that help to minimize the human health and environmental impacts of City operations. Proposers are encouraged to incorporate environmentally preferable products or services into their responses wherever possible. "Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. Packaging should be minimized to the maximum extent possible without compromising product quality. The City encourages packaging that is reusable, recyclable in local recycling programs, is made from recycled materials, and/or iscollected by the vendor for reuse/recycling. 25. NOTICE: Except as otherwise stated in this Contract, any notice or demand to be given under this Contract shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: CONTRACTOR: Cale Parking systems USA, Inc. 21925 US Highway 19 North Clearwater, FL 33765 Attn:. Mr. George R. Levey President CITY: City of Portland Office of Transportation, Bureau of Transportation Systems Management, Parking Operations Division 1120 SW Fifth Avenue, Room 800 Portland, OR 97204 Mr. Ellis McCoy Manager If either party changes its address or if a party's representative changes, the other party shall be advised of such a change in writing, in accordance with this section. 26. NEWS RELEASES AND PUBLIC ANNOUNCEMENTS: The Contractor shall not use in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representatives of the City, except with prior specific written authorization from the City. Contractor shall not issue any news release or public announcement pertaining to this Contract or the project without prior written approval of the City, which may be withheld in the City's sole discretion. A minimum of three (3) business days notice is required for a response to a request for such approval. If approval is not issued within the three (3) business day period, the request shall be deemed denied. 27. PROPRIETARY AND CONFIDENTIAL INFORMATION: The Oregon Public Records Law, ORS 192.410 et seq. strictly govems the City's treatment of requests for public records pertinent to this Contract. City agrees that any documents, programs, source and object code, or other matters relating to MRO Software which is provided by Contractor, remains the proprietary and intellectual rights of the Contractor and shall not be disclosed to third parties. Contractor agrees to hold in confidence any and all information of the City's itreceives while performing any of the contemplated function of the Contract and shall not disclose any such information to third parties. 28. COORDINATION WITH OTHER CONTRACTORS AND OTHER SERVICES: The Contractor shall cooperate fully with other contractors and City employees providing systems or support to the City during installation, operation, or maintenance of the goods and services. This includes planning for and integration of the goods and services provided under this Contract with those provided by others. Further, Contractor shall make every reasonable effort to cooperate with City to minimize and/or prevent any degradation of the other computer and telecommunications systems, equipment, or services of the city by the installation, operation, or maintenance of the goods and services. Contractor's failure to cooperate with the city and other contractors may be grounds for termination as provided herein. SPECIAL TERMS AND CONDITIONS 1. EMPLOYEES NOT TO BENEFIT: No City employee or elected official of the City shall be admitted to any share or part of this Contract or to anybenefit that may arise there from; but, this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 2. CITY FURNISHED PROPERTY: No materials, labor or facilities will be furnished by the City unless otherwise provided for within this Contract. 3. ADDITIONAL PURCHASES The City reserves the right to purchase additional equipment [or materials] beyond the quantities stated in the bid documents at the same prices submitted by the offeror. Such additional purchases are not guaranteed and will be made at the City's sole discretion. 5. RIGHT TO CHANGE: The City reserves the right to order changes to the goods, materials, equipment and services outlined herein. The City and the Contractor shall determine a fair and equitable cost and if required, additional time for such changes. All such changes shall be ordered in writing and agreed to by the parties. 5. PERMITS AND LICENSES: The Contractor shall be required to have or obtain, at their expense, any and all permits and licenses required by the City and/or County, state and Federal (except FCC radio licenses), pertaining to the materials and services to be provided. 6. COPYRIGHTS AND PATENTS: The City requires the following regarding copyrighting and patent pending on work products pertaining to this Contract: a. Copyright: All work products of the Contractor which result from this contract are the exclusive property of the City. If this Contract results in a copyright, the City of Portland reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for governmental purposes, the work or the copyright to any work developed under this Contract and any rights of copyright to which the Contractor or its sub -vendor, purchases ownership with grant support. b. Patent: if this Contract results in the production of patentable items, patent rights, processes, or inventions, the Contractor or any of its sub -vendors shall immediately notify the City. The City will provide the Contractor with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. 7. SURVIVAL: The terms, conditions, representations, and all warranties contained in this Contract shall survive the termination or expiration of this Contract. 8. FUNDING: in the event the City, during the adoption of the City's annual budget, reduces, changes, eliminates, or otherwise modifies the funding for any of the projects identified herein, the Contractor agrees to abide by any such decision including revision or termination of services. 9. SPECIFICATIONS: This Contract authorizes the Contractor to provide and the City to procure those goods, materials, equipment and services, and establishes the terms and conditions for the City to obtain said goods, materials, equipment and services from the Contractor. Goods, materials, equipment and services to be provided under this Contract are described in the Attachment A and corresponding Exhibits hereto. The Contractor shall provide to the City those goods, materials, equipment and services described in the attachments and as further described in the Contractor's response to RFP #105126, dated March 18, 2006 herein provided as Exhibit A. 10. UNIFORM COMMERCIAL CODE: The provisions of this Contract are not be construed as exclusive remedies or as a limitation upon rights or remedies for the sale of goods that may be or may become available under ORS Chapter 71-83 (Uniform Commercial Code). ARTICLE IV. It is understood and agreed by the parties hereto that: 1. Any reference in this Contract to the scope of work or specifications is intended as a convenience to the parties in administration of the Contract. Therefore, in the absence of an express statement to the contrary herein, any restatement or partial restatement in this Contract of any provision of the scope of work or specifications is not intended, nor shall be construed to change, alter, modify, amend, or delete the requirements of the scope of work or specifications. 2. An statutory, charter and ordinance provisions applicable to public contracts in the City of Portland and State of Oregon shall be followed with respect to this Contract. IN WITNESS WHEREOF, Contractor and City have caused this contract to be executed in triplicate by their duly authorized representative(s), all on the day and year first above written. (Affix Corporate Seal) APPROVED AS TO FORM Approved a ,r' Form: 1 City Attorney CITY ATTORNEY CITY OF PORTLAND BUSINESS LICENSE NO. 5 CALE PARKING SYSTEMS USA, INC. by a e and Title Address. 2192SUS Highway 19 North Clearwater, FL 33765 Telephone No: 727-724-1800 Fax No: 727-724-1828 CITY OF ORTLAND by -PureheeingAgenk- Mayor INITIALS: bg DATE: 06/02/06 ATTACHMENT A To provide, install and maintain parking pay stations. The Bureau of Transportation System Management proposes to engage the Contractor for the following services: provide a minimum of 200 parking pay stations delivered and installed in the locations identified by the City in accordance with agreed-upon performance standards, during the first two (2) years of the contract, with a potential of 500 pay stations over the term of the extended contract. All work shall be performed in accordance with this Attachment A, Exhibits 1 and 2 and Appendix A. The delivery schedule for the work is identified .herein. 1. TECHNICAL OR REQUIRED SERVICES - PRODUCT SPECIFICATIONS AND SCHEDULE 1) Each pay -and -display meter shall provide: a. Ability to control at least nine (9) parking spaces. b. Housing shall include specifications such as materials, thickness, and safety design elements. a) Shall have weather -resistant design. a. Surface must be powder -coated for graffiti- and weather -resistance in color specified by Portland. b) Shall have separate compartments for maintenance (upper) and collection vault (lower). a. Individual outer doors for each access. `1) Vandal -resistant with intemal or recessed hinges b. Locks shall be high security anti -drill protection and must have different combinations for upper and lower access doors. c) Upper. a. All apertures shall be designed and/or shielded to discourage vandalism and insertion of foreign materials. b. Coin and card aperture locations must meet ADA requirements. 1) Center line of control not more than 42 inches above pedestrian access route. 2) Operable with one hand that doesn't require tight grasping, pinching, or twisting of wrist. d) Collection vault. a. Electronic locks for vault doors are preferred but not required. Non -electronic lock type must be specified for Portland approval. b. A description of the vault locking system must be provided. That description shall include security benefits, key and lock operation, maintenance, and any safety requirements. c. Electronic lock system description should include how vault is accessed in case of lock failure. c. Coin Validator: a) Shall contain an automatic shutter, which opens for coin insertion, but not for non-metal objects. b) Shall reject foreign coins and slugs and exit rejected coins through coin retum. c) Shall accept 4 different user -defined coins through software parameter change only. d) If coin slot is inoperable, unit must still accept card payment. d. Card reader. a) Shall be dual magnetic stripe and Smart Card reader capable of reading magnetic stripe and smart memory and microprocessor cards. b) Shalt be equipped with Secure Access Memory (SAMs) c) If card slot is inoperable, the machine must still accept coin payment. e. Power supply. a) Shall include commercially available battery. b) Shall include a solar panel for recharge of intemal battery. a. Designed specifically to meet unit power requirements. b. Must be built into and fully integrated with pay -and -display unit. c) Shall include a separate backup battery to sustain dock, calendar, audit information, and RAM in the event of a main backup system failure or during battery replacement. a. Backup batteries shall be replaceable, locking the battery in place without the use of soldering tools. d) Lithium batteries are not preferred. a. If lithium is provided, proposal shall include cost reimbursement for disposal. e) Shall have ability to show balanced power supply and demand between the solar panel and major components, specifying the amps of supply and demand. f. Display —capabilities to include: a) Shall be backlit and protected by windows of Lexan or equivalent material. b) Shall be capable of displaying different fonts, sizes and styles of characters simultaneously. c) Shall have minimum capacity of 32 characters (at least 2 lines of 16 characters). d) Shall have capability to display messages supplied and downloaded from back office software. e) Shall display various operating status messages to users and maintenance personnel. f) Shall display customer transaction information. g) On-screen displays will be in English (include information regarding displaying different languages). g. Coin Canister. 1) Collection shall be performed via a portable cash box system. 2) Shall have a handle and be equipped with self-locking mechanism. 3) Shall have ability to be sealed with external seal. 4) Shall have a security locked keyed system separate from the unit's other compartments. 5) Shall include a visible reset indicator to show readiness for reuse. 6) The unit will provide a collection transaction report via wireless two-way and retain audit information. 7) Shall hold a minimum of $400 in quarters. h. Printer. The capabilities of the printers: 1) Shall be thermal impression injection type where receipt is printed internally and ejected to customer. 2) Shall be equipped or work in conjunction with self -sharpening cutter blade. 3) Shall have ability to receive paper in both roll and box form. 4) Shall be capable of printingin different fonts and sizes and at a minimum include: a. Unique receipt number b. Transaction date (MM/DD/YYYY) and time (HH:MM PM/AM) c. Expiration time and date d. Amount paid e. Machine number. 5) Receipt design shall be programmable. a. The ability to remotely download design changes is desirable. 6) Shall be easily removable for maintenance. 7) Barcode requirements. Bar coding capability for parking receipts is highly desired. The barcode format recognized by the Schweers Politess® P600 units is PDF417 - 2D (Type 2) barcode. PDF417 is a two-dimensional variable -length symbology that is capable of storing all the data we require from the receipts: a. Receipt number. b. Expiration time of receipt. c. Time limit of pay station. d. Location of pay station, including street, cross street(s) and side of street. The barcode needs to be big enough to be readable by the Politess® P600's barcode scanner under conditions of ordinary use in Portland, Oregon (often overcast and rainy). i. Wireless two-way communications. 1) Pay station shall be equipped with modem, antenna, and required software for GPRS operations. 2) Pay station shall be designed to initiate communication to server. a. Real time for alarms and card authorization and settlement b. Specific timing for uploading files, status indicators, and downloading programming updates and messages. 3) Contractor shall confirm their ability to convert to WIFI and future wireless communication methods (e.g. Edge, UTMS). j. Electronic components. 1) Portland requires a system of plug -and -play for major components, allowing removal and replacement without the use of tools. a. Plugs for components should be designed to tock in place and not be reversible — one- plug/one-way per component — so it cannot be inadvertently connected incorrectly. 2) All circuit boards and components shall be electronically sealed, highly water resistant, and operate in conditions of over 90% humidity. 3) Protect components from moisture. 4) Spare parts: Establish recommended supply to support installed base to be maintained at the City's meter shop. a. Include complete parts list 1. List prices (new and reconditioned) with trade-in value. 2. .Expected life in service of major components. 3. Conditions for wholesale replacement of parts with a noticeably high failure rate. 4. Contractor shall provide for the delivery of additional parts to support maintenance levels. 5) Backup to support extraordinary occurrences a. The City requires a minimum 24-hour turnaround for delivery of additional parts. b. Provide for delivery of additional parts, including supply sources and time. k. Electronic memory. Contractor shall provide information regarding the memory type and function including capacity and limitations to the City prior to placement and installation. 2) Pay -and -display operations. Pay stations should blend esthetically and include operational characteristics similar to current installed base. a. Color and Appearance — pay stations configurable to resemble current City pay stations in size and color. 1) Dimensions of the pedestal shall not exceed 17 inches (42 mm) on each side. 2) Unit shall be equipped with ail necessary items to complete the installation free standing with its own pedestal. 3) Contractor shall provide installation drawings and specifications. 4) Unit color shall be Deep Forest Green as specified by Portland. b. Installation. The City intends to install the pay stations in the furniture zone of City sidewalks. Some of these sidewalks are vaulted. The installation will include placing anchors in the sidewalk at locations designated by Portland. 1) City installs the base, per factory specifications. 2) Contractor shall provide installation drawings and specifications. 3) Contractor delivers fully prepared pay station and City takes possession of the unit when it is installed and tested on -street, then accepted by Portland. c. Functionality — pay stations configurable to operate like current City pay stations. Other important pay -and - display functions include: 1) Card reader shall have the capability of accepting Portland's current Smart Card (SmartMeterr Parking Card). 2) Card reader shall include a "MAX' button for card purchase that allows customer to purchase full time limit (meter duration) with one button push. 3) Max button, card increment -button, and coin purchase shall be programmed to prevent customer payment for parking time outside of hours of operation including customer overpayment near the end of hours of operation. 4) Unit shall have ability to accept and execute programming for holiday and event shutdowns. 5) When card reader or coin slot is disabled, it is desirable for unit to display customer message "Use Coins Only" or "Use Card Only". d. Online approval and settlement of bank card transactions. 1) Transaction file shall be designed for City of Portland payment gateway. 2) Transaction messages shall be designed to inform customer of authorization status and decision. 3) Contractor shall provide a flow chart or discussion of transaction information flow from pay -and - display meter to City's payment gateway shall be included. 4) Contractor shall develop an approach to queuing transactions when wireless services or servers are unavailable. 3) Data Security A. Encryption: All data leaving pay station shall be encrypted to a minimum of 128 -bit encryption protocol, with the ability to upgrade as the City deems necessary. 8. Memory Preservation: Data regarding alarms and card reader shall be retained at least until confirmation of receipt by server. 2. TECHNICAL REQUIREMENTS - SERVICES SPECIFICATIONS 1) Back Office Operations A. Electronic data files: The Contractor shall provide the content of data files transmitted to and from the pay station. 1) Shall include file type, size, function, and configuration. 2) Shall discuss limitations in regards to storage and transfer of data. a. Contractor shall provide a model for managing the transfer and storage of file data, including any impacts, status/condition, or limitations of files when there are lengthy interruptions in wireless services. B. Software: The City prefers management software to support system operations that provides operational control to City. For database/reporting, the City requires My Sequel Server 2000, MSS 2005 or equivalent. 1) Software shall be locally hosted (PC-based) or web -based. a. Software shall be American English version 2) Preference for software that provides City staff with ability to design tariff and receipt changes and messages, and then remotely send changes to one or more pay -and -display units with minimum visits to pay stations. a. Contract shall provide management software function, hosting site for Portland operations, and flexibility for City staff operations/control. 3) Software shall provide the ability to divide system into defined multiple management areas. 4) Software shall support reporting of cash box status and revenue collection reporting, alarm status and operation status listing, file transfer information/reporting. 5) Software that supports exporting financial and activity data to spreadsheet software and external database. 6) Software that supports static reports shall have the flexibility to design reports specifically for use by Portland. C. Alarms. Contract shall include at a minimum: 1) Initial warning alarms. a. Coin collection b. Coin collection - first limit exceeded; no more coins accepted c. Paper replacement d. Coin payment and card payment operation failure e. Initial battery setting has been reached f. Battery is experiencing a fault 2) Shutdown alarms. a. Second battery warning b. Second battery fault warning c. Out -of -paper supply alarm d. No customer receipt detection alarm e. Operating/operating system fault 3) Operational Functions a. Door open detection b. Status/record of all fife transfer activities c. Lave alarm to detect communication status d. Service agent number e. Notice of various initialization and machine setting routines. 2) Local product support. Proposal shall establish local product support to: 1) Select on -street installation Locations. 2) Establish pre -delivery unit preparation standards. 3) Train Portland staff in a manner sufficient to support the pay station warranty (7 technicians, 4 management). Please identify the number of hours needed and location. 4) Supply parts — recommend ratio of spare parts on hand to installed base of pay stations. 5) Provide troubleshooting assistance and product support when required. 3) Warranty. 1) Begins after City takes possession (see 2 B2 above) 2) Full coverage for machines or components for abnormal failure in service. a. Exceptions for vandalism and normal wear of any moving parts. 3) Return/exchange procedure provided at Contractor's cost 4) Technical support. Proposal shall provide for: 1) Personnel availability — 6:00 AM to 8:00 PM (Pacific Time), Monday through Saturday 2) Description of personnel, assignments, and level of expertise available 3) Description of staff chain of command communication structure to cover absences due to vacation, sick leave, business travel, etc. 5) Technical manuals. Contractor shall provide operation manuals, including management software product. 1) All manuals shall be written in American English. 6) Performance standards 1) The City expects reasonable performance standards to apply to various elements of pay station operation at an individual machine level. Negotiated performance standards as described in Exhibit B. 7) SmartMeter® Parking Card. Portland seeks to continue marketing and distributing its current parking card or • contract for services that would expand the Smart Card program through a different program offering while utilizing existing SmartMeters® Parking Card. 2. WORK PERFORMED BY THE CITY Bureau staff shall make available sufficient hours as are required to meet with the contractor and provide such information as required. Portland Bureau of Transportation has assigned a project manager who will oversee the work and provide support as needed. The following will also be the responsibility of City staff. A. Online bank card authorization and settlement. 1) Provide Contractor with transaction file layout and specifications for City payment gateway. 2) Shall be responsible for all bank clearance and settlement charges. B. Provide paper supplies for pay station printer. C. Provide GPRS or improved wireless communication services. D. Facilitate agreement(s) to obtain access to SmartMeters® Parking Card proprietary mapping and key, and/or mapping to SmartMeter® Parking Card reader. The City shall be responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, intemal controls and other appropriate procedures and controls for the City. These controls will include information technology, proprietary information, and trade secret safeguards if appropriate to City work. 3. CONSIDERATION Maximum payment to Contractor shall be one million, five hundred seventy-five thousand and no/100 dollars ($1,575,000.00) for the two (2) year contractual period. The Contractor will bill the City on a monthly basis for the total hours worked and materials received based upon the Contract Pricing Schedule provided in the Contractor's response to RFP #105126, as herein attached as Exhibit B. EXHIBIT A Addendum to Cale Parking USA, Inc. Contract, Furnishing Pay Stations and Services 1. Data - General All data generated from pay stations operated by City of Portland Office of Transportation (City) remains the property of the City. Cale Parking Systems USA, Inc. (Contractor) shall not use the data for any other purpose than to provide contracted services without express written permission from the City. 2. Cardholder Data A. Contractor is responsible for security of cardholder data in their possession. B. Data in Contractor's possession can ONLY be used for assisting the owners of payment card brand, the City, the Acquirer, or the Merchants of cardholder data in completing a transaction, supporting a loyalty program, providing fraud control services, or other uses specifically required by law. C. In the event of a major disruption, disaster or failure, data in Contractor's possession shall be secured to ensure business continuity. D. Contractor shall provide full cooperation and access for audit purposes to representatives of the Payment Card Industry or an approved third party. Contractor shall provide full cooperation and access o conduct a thorough security review after a security intrusion. The review of data in Contractor's possession will validate compliance with the Payment Card Industry Data Security Standard for protecting cardholder data, E. Upon termination of contract with the City, Contractor will take steps to ensure any data that remains in Contractor's possession remains confidential. 3. Performance Standards A. WebOffice - The City shall be notified in advance of any planned work to Cale WebOffice that will disrupt pay station to server communication. The City shall receive such notification by email or phone at least 24 hour in advance of the event. 1. In the event of a continuous service disruptions of more than 24 hours (during the normal workweek -- Monday through Saturday, both parties have agreed that the Contractor will credit the City for the lost service by prorating the monthly WebOffice service fee. Credit will be paid to the City after both parties agree that the cause of the downtime was solely due to problems with Cale WebOffice. 2. In the event of a continuous service disruption lasting longer than a full work week (6 days), Contractor shall also be liable for liquidated damages that are limited to the City's demonstrated actual costs incurred from the loss of the WebOffice service. i Accurate preservation and recording of transaction data is of utmost importance to the City. In the event of the Toss or misapplication of such data, the Contractor is responsible for liquidated damages equaling the City's estimated loss in revenue and labor costs associated with those transactions. 3. The City shall prepare a monthly progress report to the Contractor detailing the progress with WebOffice operations in the area of alarms, statistical data and reporting, and payment transactions. The Contractor agrees to provide updates to WebOffice service that improve the performance of City operations. Any potential updates that are shown to be due to a performance deficiency shall be provided at no cost to the City. 4. The City and Contractor shall agree on format and content for a monthly report, prepared by Contractor that will serve as a permanent record of WebOffice performance. Said monthly report will be submitted to the City along with the WebOffice monthly service invoice. B. MP 104's — Contractor is responsible for replacing equipment that exhibits chronic failure problems. Contractor shall replace equipment at no cost to the City, and said equipment must be replaced within 48 hours of notifying the Contractor. The definition of chronic failure will be agreed to in writing within 60 days of contract signing, and by reference said agreement is made a part this Exhibit B. 1. Failure of components shall not result in the loss of transaction data or records associated with alarms or statistical data. Both parties have agreed that the Contractor shall be liable for liquidated damages that are limited to the value of lost transaction revenue, plus labor costs associated with resolving the problem with the loss of transaction data. 2. Warranty will be begin on the 61 meters involved in the Lloyd District pilot project after the Contractor has certified that those machines include the most up-to-date Cale components and software programming. A checklist of the most recent components included in the performance package shall be provided to the City. 4. Issues to be Resolved Contractor will provide solutions to the following issues for field testing by October 1, 2006: A. Coin Verifier - needs to allow all U.S. coins to pass through reliably. The present verifier does not read and acknowledge U.S. dimes reliably. They also do not pass through the verifier unit consistently. With this issue, ultimately it is problematic for the user in that some coins are not acknowledged, yet drop into the escrow unit along with coins that have been acknowledged, thus the customer will not receive time for the full amount inserted. Other times the following coin will push the dime through and both coins end up in the coin bowl but the customer doesn't always realize this. B. Coin Inlet - locate an alarm sensor in the coin inlet to detect when a jam has occurred. Presently the inlet can get jammed and it will not send an alarm to the server. When a coin inlet unit is not functioning the unit must display "Pay with Credit Card Only". This means that a jam can go undetected for long periods of time, relying only on customer calls, collectors or Parking Enforcement to alert us to the situation. C. Card Reader - when a card reader unit is not functioning correctly (not accepting cards), the program needs to have the ability to send an alarm/event to the server notifying the City of the problem, (i.e. "Card Collection Error"); the unit shall display "Pay with Coins Only". D. Battery Status — Contractor shall provide status report capability for on -load and off-load conditions both at machine and on WebOffice. E. Locks and Keys — Contractor shall remedy issue with keys wearing out too quickly in Abloy locks 4. Cale WebOffice Enhancements Contractor agrees to implement various enhancements identified by the City. These enhancements which are aimed at increasing the functionality and user-friendliness of WebOffice will be provided at no cost to the City. Contractor and the City will agree to a list of enhancements and Contractor will provide a schedule for completion of said enhancements by August 1, 2006. The said list of enhancements and schedule for completion is by reference made a part of this Exhibit B. 5. Training Needs The Contractor agrees to provide all training required by City maintenance and operations in order to operate and maintain the meters and the WebOffice software. Contractor and the City will agree on a list of training elements, a training schedule will be developed, and implementation will begin no later than August 1, 2006. Said list of training elements and the training schedule is by reference made a part of this Exhibit B. 6. Publicity and Media City reserves its right of prior approval on all publicity and media materials released in conjunction with this contract. 7. City WIFI Project Contractor shall work cooperatively with City or its contractors on research, design, testing, and implementation in Portland using Contractor's MP 104 parking meter. 8. MBE Partnership Contractor's MP 104 parking meter. MBE Partnership In that the City values diversity in its workforce and in the workforce of those who contract with the City, note is taken that the Contractor has developed an agreement with Featherlite Enterprises, a State of Oregon Certified MBE contractor. In the event that the Contractor wishes to terminate its agreement with Featherlite, the Contractor must notify the City prior to any contract termination. CONTRACT PRICING The City requires both purchase and lease arrangements for this contract, and prefers itemization of the various pieces. Please complete as many options as possible.. See attachment B, Contract Pricing EXHIBIT B CONTRACT PRICING Directions: Complete as many itemizations as possible in both purchase and lease arrangements PURCHASE ARRANGEMENT: 1. Purchase price of equipment per unit inclusive of all Technical Specifications and warranty but NOT including either of the following two items (#2 and #3) $7150 (Includes freight, meter start up/training.) Pricing does not include applicable taxes. Option: Electronic Lock System $3501meter -This includes 2 electronic keys, and the software management system to control and manage system. a. Number of years of included warranty 1 year 2. Back Office Operations price with purchase of units, #1 above a. Monthly fee - flat $ NIA b. Monthly fee — per number of installed base:(lncluding on-line services but not Cingular charges. The monthly fee includes all license fees during the life of the project.) '1-99 $28/meter/month 100-199 $24/meter/month 200-499 $19/meter/month 500+ $17/meter/month c. Outright purchase price $N/A 3. Extended warranty price per unit annually with purchase of units, #1 above, if fewer than five years is provided in #1 $39/meter/month + .005 per transaction. a. Number of years applicable .5 years LEASE ARRANGEMENT: 4. Lease price per unit inclusive of all Technical Specifications but NOT including either of the following two items (#5 and #6) a. Monthly fee $145.05 b. Annual fee $ N/A 5. Back Office Operations price with lease of units, #4 above, a. Monthly fee - flat $ NIA b. Monthly fee — per number of installed base: Example: 1-24 $28/meter/month 25-49 $28/meter/month 50-74 $28/meter/month 75-99 $28/meter/month 100-149 $24/meterlmonth 150+ $24/meter/month c. Annual fee $ NIA 6. Maintenance price per unit, including all parts and service to maintain equipment and replace receipt rolls, with lease of units, #4 above a. Monthly fee $49/meter/month + .005 per transaction b. Annual fee $ N/A EXHIBIT B CONTRACT PRICING APPENDIX A Contractor shall observe all applicable state and local laws pertaining to public contracts. ORS Chapters 279A, 279B and 279C require every public contract to contain certain provisions. Pursuant to those chapters, the following provisions shall be a part of this contract, as applicable. Pursuant to ORS 279B.220, on every public contract, the contractor shall make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract; shall pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract; not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished, and; pay to the Department o Revenue a!I sums withheld form employees under ORS 316.167. ■ Pursuant to ORS 279C.505, on public improvement contracts, the contractor shall make payments promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided -for in such contract. The contractor shall pay all contributions or amounts due the Industrial Accident Fund from such contractor or subcontractor incurred in the performance of the contract. The contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. The contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Contractor shall demonstrate that an employee drug -testing program is in place. • Pursuant to ORS 279C.510 (1), in every public contract for demolition the contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective. Pursuant to ORS 279B.225 and 279C.510 (3) In every public contract, and every public improvement contract, for lawn and landscape maintenance the contractor shall compost or mulch yard waste material at an approved site, if feasible and cost-effective. • Pursuant to ORS 279B.230(1), in every public contract, the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation fumishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law„ contract or agreement for the purpose of providing or paying for the services. ■ Pursuant to ORS 279B.230(2), in every public contract, all subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. • Pursuant to ORS 279B.235(1), in every public contract the contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et.seq.) • Pursuant to ORS 279C.515(1), on public improvement contracts, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services fumished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person fumishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of such contract. The payment of a claim in the manner authorized by ORS 279C.515 shall not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. • Pursuant to ORS 279C.515(2), on public improvement contracts, if the contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contract agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10 -day period that payment is due under ORS 279C.580)4 and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90 -day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. ■ Pursuant to ORS 279C.515(3), in every public improvement contract and every contract related to the public improvement contractor, if the contractor or subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith disputed as defined in ORS 279C.580. • Pursuant to ORS 279C.520, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or for all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on Saturday and on any legal holiday specified in ORS 279C.540. The contractor shall give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. In the case of contracts for personal services as defined in ORS279C.100, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.281 or under 29 U.S.C. sections 201 to 209 from receiving overtime. Persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. The contractor shall give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. • Pursuant to ORS 279C.530(1), in every public improvement contract, the contractor shall promptly, as due, make payment to any person, co -partnership, association or corporation, fumishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such contractor, of all sums which the contractor agrees to pay for such services and all monies and sums which the contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. In every public contract, subject to ORS 279C , all employers working under the contract are subject employers that shall comply with ORS 656.017. Pursuant to ORS 279C.580 (a), the contractor shall include in each public improvement subcontract for property or services entered into by the contractor and a subcontractor, including a material supplier, for the purpose of performing a construction contract, a payment clause that obligates the contractor to pay the subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the contractor by the public contracting agency under such contract, and an interest penalty clause that obligates the contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to ORS 279C.580(3), for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in ORS279C.515 (2). Pursuant to ORS 279C.58o(3), the contractor shall include in each of its subcontracts for a public improvement, for the purpose of performance of such contract condition, a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of ORS 279C.580 (B) (4) in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower -tier subcontractor or supplier. ■ Pursuant to ORS 279C.830 (2), in a public works contract subject to ORS 279C.800 to 279C.870 the Contractor shall pay fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825(1).. The fee shall be paid to the Commissioner pursuant to the administrative rule of the Commissioner. Revised August 22, 2005