HomeMy WebLinkAbout06 - CPS Agreement Amendment for Parking Meter Services - Amended'TECEIVED �°rv� rn;Fv
CITY OF NEWPORT BEACH 1-23-J3
CITY ATTORNEY'S OFFICE
DATE: April 23, 2013
TO: Leilani I. Brown, City Clerk
FROM: Kyle E. Rowen, Deputy City AttorneyV tl
SUBJECT: Agenda Item No. 6: Revised Amendment No. 1 to the Amended and
Restated Professional Services Agreement with Central Parking
System, Inc.
Attached please find a revised Amendment No. 1 to the Amended and Restated
Professional Services Agreement with Central Parking System, Inc. for Agenda Item No. 6
on tonight's City Council meeting agenda. This revised Amendment No. 1 is being
presented to correct the following scrivener's errors:
1. The word "an" has been added to the second sentence on Page 7 in Section
2.5.1(c);
2. The references to the agreements have been clarified on Page 9 in Section
2.7.2(e);
3. The lettering for the subsections on Page 11 in Section 2.10.1 has been corrected;
and
4. The references to the agreements have been clarified on Page 13 in Attachment 2.
AMENDMENT NO. ONE TO THE
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT
WITH CENTRAL PARKING SYSTEM, INC. FOR
PARKING METER SERVICES
THIS AMENDMENT NO. ONE TO AMENDED AND RESTATED PROFESSIONAL
SERVICES AGREEMENT FOR PARKING METER SERVICES ( "Amendment No. One ")
is made and entered into as of this 23rd day of April, 2013 ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation and
charter city ( "City "), and CENTRAL PARKING SYSTEM, INC., a Tennessee corporation
( "Central'), whose address is 2401 21St Avenue South, Nashville, TN 37212 and is
made with reference to the following:
RECITALS
A. On May 22, 2012, City and Central entered into an Amended and Restated
Professional Services Agreement ('Restated Agreement') for parking meter
services ('Project').
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Restated Agreement.
C. City and Central mutually desire to amend the Restated Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
I . SERVICES TO BE PERFORMED
Exhibit "A" to the Restated Agreement shall be amended in its entirety and replaced
with the Scope of Services, attached hereto and incorporated herein by reference
( "Services" or "Work'). The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit "B" to the Restated Agreement shall be amended in its entirety and
replaced with the Schedule of Billing Rates attached hereto as Exhibit B, and
incorporated herein by reference.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Restated Agreement shall remain unchanged and shall be in full force
and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: `ld -3113
By:
A C. Harp
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CENTRAL: CENTRAL PARKING SYSTEM,
INC., a Tennessee corporation
Date:
Bv:
Edward E. Simmons
Executive Vice President
Date:
By:
David Jenkins
Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services (including two attachments)
Attachment 1: Lot Maps
Attachment 2: Equipment
Exhibit B — Schedule of Billing Rates
Central Parking System, Inc. Page 2
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK
ON- STREET AND OFF - STREET PARKING ENFORCEMENT SERVICES.
1. General Overview and Goals.
Central shall provide overall management of on- street and off - street parking, including
but not limited to, parking meter enforcement, parking meter collections, signage,
striping, and parking meter installation and maintenance in connection with the "Original
Spaces" as defined below.
Central shall also provide management of the parking facilities depicted on Attachment
#1, which is incorporated herein by reference, ( "Parking Lots "), including but not limited
to, parking enforcement within the Parking Lots, installation and maintenance of the pay
stations located within the Parking Lots ( "Pay Stations "), collections from the Pay
Stations, and customer service.
In providing the Services, Central will be responsible for and focus on the following
areas and goals:
(a) Enforce parking regulations in compliance with Newport Beach Municipal Code
( "NBMC ") and /or City's resolutions;
(b) Maximize revenues from parking meters and Parking Lots;
(c) Increase the quality of parking services offered to the public;
(d) Modernize parking meters, Pay Stations and support equipment;
(e) Integrate the Pay Stations, parking meters and License Plate Recognition ( "LPR ")
technologies with City's other parking programs, including but not limited to, the
acceptance of various parking permit programs; and
(f) Streamline parking meters, Parking Lots and other enforcement services.
2. Service Requirements.
2.1 Parking Meter and Other On- street and Off - street Parking Enforcement.
Central shall be responsible for the following:
(a) Enforcing parking regulations relating to parking meters and other parking controls
within areas established by City. Enforcement activities may include electronic and
paper ticketing. The City may adjust parking meter zones in its sole and absolute
discretion.
(b) Providing additional parking enforcement pursuant to the NBMC as requested by the
City in writing. However, such additional parking enforcement shall not include the
removal or towing of any vehicles found parked in violation of the NBMC by Central.
Central Parking System, Inc. Page —3
(c) Managing approximately two thousand six hundred and seventy -five (2,675) City
owned metered parking spaces ( "Original Spaces ").
(d) Collecting all parking meter revenues, daily or as otherwise directed by the City.
(e) Installing and maintaining new parking meters and necessary support equipment.
Prior to installation of any parking meter, Central shall study the City's existing parking
meters and develop a schedule of replacement with priority afforded to high impact
areas (e.g., parking meters adjacent to the ocean). The replacement schedule shall be
mutually approved by the City and Central prior to implementation. The newly installed
parking meters shall have the capability of accepting credit card payments. All newly
installed parking meters as well as all existing parking meters shall have Central's
telephone number and the parking meter's location posted in a conspicuous spot on the
parking meter.
(f) Installing and managing additional City -owned parking meters as instructed by the
City. The City reserves the right to adjust the number of parking meters and spaces in
its sole discretion, increase or decrease time restrictions and hours of operation, and, in
the event of a City- determined adjustment in rates or the number of parking meters, the
parties may implement a mutually agreed upon pro -rata adjustment in the compensation
paid to Central.
(g) Establishing designated patrol routes for its enforcement officers. The City will
provide Central with adequate information regarding the location of meters and parking
meter zones.
(h) Responding to requests from the City to suspend or emphasize enforcement along
certain roads or in certain areas. The City also reserves the right, in its sole discretion,
to temporarily suspend enforcement along any street, or in any zone, according to the
needs of the City. The City will make every effort to provide Central adequate notice
concerning the location and duration of any such suspension or higher level of
enforcement.
(i) Placing non - electric signage, striping, and related items to alert the public to the
location and use of parking meters and spaces.
Q) Providing a personnel staffing plan, with assignment of duties, that shall be mutually
agreed upon by City and Central. The personnel staffing plan shall allocate adequate
resources to ensure all of the requirements of this Restated Agreement are met,
including but not limited to parking meter enforcement and citation issuance.
City shall be responsible for the following:
Towing all "scofflaw" vehicles pursuant to the NBMC and state law.
Central Parking System, Inc. Page 4
2.2 Parking Lots Parking Enforcement
Central shall be responsible for the following:
(a) Enforcing parking regulations relating to Parking Lots, including, but not limited to,
Pay Stations enforcement, red curb enforcement, loading and unloading zone
enforcement. Enforcement activities may include electronic and paper ticketing.
(b) Managing the Parking Lots on the days and hours designated by the City.
(c) Collecting the Parking Lots revenues, daily or as otherwise directed by the City.
(d) Installing and maintaining new Pay Stations and necessary support equipment,
including but not limited to, License Plate Recognition Technology software and
hardware ( "LPR ") and enforcement vehicles. Central shall provide City with a schedule
of replacement for the Pay Stations. All Pay Stations shall have the capability of
accepting credit card payments and pay -by -phone payments. All Pay Stations shall
have Central's telephone number and the Pay Station's location posted in a
conspicuous spot on the Pay Station.
(e) Working with City on parking for special events, validation programs and integration
with City's other parking programs, including but not limited to the acceptance of various
parking permits.
(f) Displaying non - electric signage and related items to alert public to the location and
use of the Pay Stations, as needed.
(g) Providing a personnel staffing plan, with assignment of duties for Parking Lots, that
shall be mutually agreed upon by City and Central. The personnel staffing plan shall
allocate adequate resources to ensure that all of the requirements of this Restated
Agreement are met, including but not limited to Pay Station enforcement, citation
issuance, customer service and beach information dissemination.
(h) Using temporary signage and the appropriate staffing levels to: (1) provide for the
safe and orderly ingress and egress of traffic at the Parking Lots; (2) maintain the safety
of staff, a smooth traffic flow; and (3) minimize the traffic impacts on the streets adjacent
to the Parking Lots that may result from queuing at the parking lot entrance.
(i) Developing and executing, when necessary, procedures for quickly halting the flow
of traffic into and out of the Parking Lots to allow public safety vehicles to enter and exit
the Parking Lots during an emergency.
Q) Displaying the necessary signage, cones and related items to direct traffic and /or
alert the public when the Parking Lots are full.
(k) If the Pay Stations in the Parking Lots are not installed and operable by May 13,
2013, unless another date is indicated in writing to Central by City, Central shall provide
the staff required to manage the Parking Lots accordingly, i.e. — taking payments at the
booth, until the Pay Stations are installed and operable.
Central Parking System, Inc. Page 5
2.3 Dispute Resolution Program.
2.3.1 Central shall be responsible for the following:
(a) Directing persons to the City's appeal requirements
(b) Providing the review and /or hearing officer with all background materials pertinent to
the appeal.
(c) Attending all appeal hearings and providing requested written and oral testimony.
(d) Satisfying any court or City imposed requirements should an appeal go to Superior
Court.
(e) Central shall not be entitled to any compensation for any citation, including citations
that are appealed.
2.3.2 City shall be responsible for the following:
(a) Hiring of the independent review and hearing officers and directly paying the costs
for the review and hearings officers, without regard to the decision rendered by the
review and hearing officers.
(b) Retention and safekeeping of the records of the appeal hearings.
2.4 Office Administration.
2.4.1 Central shall be responsible for the following:
(a) Maintaining current records and providing an accounting of all equipment, material
and supplies furnished by the City, if any, for use by Central.
(b) Safeguarding equipment and materials against Central employee negligence, theft
and vandalism.
(c) Purchasing all materials necessary to carry out all Original Spaces and Parking Lots
operation functions. These include, but are not limited to, paper tickets and ticket
books, envelopes, uniforms, office equipment and supplies.
(d) Maintaining office space within the City's physical boundaries that will serve as an
office for Central's staff and be open to the public during business hours 8:00 a.m. to
5:00 p.m., Monday through Friday. This office space may be closed during City
observed holidays, a list of which may be requested by Central.
(e) Any equipment, material and supplies furnished by the City or purchased by Central
and reimbursed by the City are the property of the City and will not be used for any
purpose other than the performance of the Services for the City.
Central Parking System, Inc. Page 6
2.4.2 City shall be responsible for the following:
Maintaining an office open to the public for the acceptance of payments of parking fines
payable to the City.
2.5 Personnel Administration.
2.5.1 Central shall be responsible for the following:
(a) Demonstrating high ethical standards of conduct and observing all written rules and
regulations concerning work assignments.
(b) Maintaining radio contact at all times with supervisors and field personnel to ensure
appropriate oversight of parking enforcement activities.
(c) Ensuring that all enforcement, parking meter and Pay Stations maintenance, and
revenue collecting personnel wear City- approved uniforms and be properly groomed
while on duty. The uniform must display an approved insignia that clearly identifies the
wearer as being responsible for enforcing parking violations, managing parking facilities
or servicing parking meters and Pay Stations. The uniform will also have a clearly
visible and readable name tag that must be worn at all times. All other employees of
Central providing Services shall at all times be clearly identifiable by uniform, name
badges, name tags, or identification cards.
(d) Employing persons who are fully trained, competent and qualified with the skills and
experience necessary to provide the Services during the term of this Restated
Agreement.
(e) Hiring, training and supervising its staff members. Central staff members assigned
to the Services are employees of Central and shall not be considered employees of City
for any purpose.
(f) Assuring that its employees shall serve the public in a courteous, helpful, and
impartial manner. Correction of any inappropriate behavior or language shall be the
responsibility of Central.
(g) Responding to any public complaint within twenty -four (24) hours after receipt of the
complaint. In the event a report is received alleging an employee of Central was
discourteous, belligerent, profane or in any way intimidating, either physically or
verbally, Central will submit a written report to the Project Administrator within three (3)
days of Central's receipt of the report, outlining the complete details of the incident. The
report shall include the nature of the incident, time, date, location, name, address and
telephone number of the person making the allegation. The report will also include the
name and title of the employee and the nature of the disciplinary action taken, if any.
Central Parking System, Inc. Page 7
2.6 Training and Customer Service.
2.6.1 Central shall be responsible for the following:
(a) Providing thorough training for enforcement and other personnel, including general
information and directions to assist customers visiting the City.
(b) Responding in accordance with the City's principles on customer service to public
inquiries as specified in Exhibit "C" which is attached to this Restated Agreement and
incorporated by reference. Central will provide a high level of customer service by
employing friendly, helpful, customer - oriented personnel.
(c) Assisting the City in its efforts to inform the public about the Project, including, but
not limited to, attending meetings of the City Council, Chambers of Commerce,
Business Improvement Districts, and Homeowners Associations.
(d) Providing all enforcement personnel with an adequate supply of material regarding
City services and City attractions, sites and events for distribution to citizens requesting
such information.
(e) Keeping an accurate record of all citizens' complaints, their resolution, and the
action taken to contact the complainant. All such records shall be retained during the
term of this Restated Agreement and made available to the Project Administrator.
(f) Providing customer service training in accordance with City standards as outlined in
Exhibit °C."
(g) Working with the Newport Beach Police Department to provide City approved
background checks of all enforcement personnel
2.7 Installation and Maintenance.
2.7.1 Central shall be responsible for the following:
(a) Installing and maintaining parking meters in accordance with the City's standards in
the Original Spaces and installing and maintaining Pay Stations in accordance with the
depictions attached as Attachment # 1. Central shall notify the City in writing within
twenty -four (24) hours of any lost, stolen, unaccounted for or damaged Equipment
(defined in Section 2.7.2 below).
(b) Maintaining installed Pay Stations, parking meters, meter poles and heads in good
working condition. Good working condition is defined as repairing /replacing any
defective parking meter within twenty -four (24) hours of a report of failure, or
repairing /replacing any defective Pay Station within two (2) business days. Ensure
meter poles are clean, painted, and upright. All Central employees will be required to
immediately report any damaged, missing or malfunctioning parking meters or facilities
to their appropriate supervisor.
Central Parking System, Inc. Page 8
(c) Implementing and following a regular preventive maintenance schedule for all Pay
Stations and parking meters.
(d) Keeping a log of all parking meter or Pay Station complaints /malfunctions. The log
will note date, parking meter or Pay Station number, location, problem and name of the
person calling in the problem, the tag number of the car (if any), the date the mechanics
checked the parking meter or Pay Station, the nature of the problem and the date it was
corrected.
2.7.2 Equipment
(a) City has purchased the capital equipment, parking meters, meter poles, copy
machines, vehicles, bicycles, accounts receivable processing systems, and other items
purchased /financed by Central under the Original Agreement (collectively, "Equipment ")
from Central, free from any interest charges, pre - payment penalties, mark -ups, or
carrying charges and received clean title to the Equipment, free and clear of all liens,
claims, or obligations of the third party leases with IPS, New Concepts Leasing,
California Office System or any other entity or party. City has satisfied and shall be
excused from all further Equipment Payments, as contemplated under the Original
Agreement. Central shall indemnify the City from any and all claims from Central or
third - parties to the Equipment.
(b) Central shall purchase, on behalf and with the prior written consent of City, all
supplies necessary for the operation of the Parking Lots.
(c) City shall purchase or finance all other equipment on a going - forward basis,
including the Pay Stations and LPR. When Central determines that any other
equipment is necessary for the Services under this Restated Agreement, Central shall
submit a written request for the other equipment no less than thirty (30) days in
advance. City shall review the written request and may, in City's sole discretion,
purchase outright or finance the requested other equipment, or reject Central's request
for such other equipment. The parties have a goal of ninety -nine percent (99 %)
operability for all equipment in use at the Original Spaces and at the Parking Lots.
(d) In the event City requests Central to purchase any equipment to be installed in
connection with this Restated Agreement, City shall reimburse Central for the total cost
of the procurement and installation of such equipment within thirty (30) days after City's
approval of Central's statement showing the description and cost of each item, which
shall be charged at Central's direct cost without any additional mark up, finance charge,
interest charge, or other carrying charge to City or the parking meter or Parking Lot
user.
(e) An inventory of the Equipment purchased in the Restated Agreement and the new
equipment purchased pursuant to this Amendment No. One is provided in Attachment
2.
Central Parking System, Inca Page 9
2.8 Safety.
2.8.1 Central shall be responsible for the following:
Taking adequate steps to ensure the safety and security of all personnel and property.
Central shall provide all training and employ all responsible safety precautions and
devices in connection with providing the Services. Central shall supply all employees
deployed in the field with the telephone number of the City's Police Department.
2.9 Miscellaneous Services.
2.9.1 Central shall be responsible for the following:
(a) Changing Central procedures as necessary to conform to revisions in state law, the
NBMC and the City's resolutions, parking regulations, policies and initiatives.
(b) Consulting with the City, as requested, regarding the Project.
(c) Assisting in maintaining and expanding the Project, if desired by City, including
working with businesses, neighborhood groups, and other organizations as needed.
(d) Emptying all parking meters and Pay Stations in a timely manner (as determined in
Section 2.1(d) and 2.2(c) of this Exhibit "A "), depending on parking volumes.
(e) Providing monthly reports detailing:
1. Revenues collected by parking zone;
2. Revenues collected by Parking Lot;
3. The number of parking citations issued by parking zone;
4. The number of parking citations issues by Parking Lot;
5. Broken /repaired parking meters;
6. Broken /repaired Pay Stations;
7. Customer complaints; and
8. Other reports as requested by City on management, operations, facility
conditions and other issues as they arise.
(f) Providing annual revenue and expenditure reports in a form to be provided by the
City.
(g) Remaining knowledgeable of emerging developments in the parking technology
field and making recommendations to the City to increase operational efficiencies,
maximize revenues and reduce costs.
(h) Providing the following, as requested by the City:
1. Bank deposit slips and bank reconciliations;
2. Detailed cash receipts and disbursement records;
3. Traffic flow and Parking Lots utilization reports; and
4. Any and all reports generated from the automated parking system.
Central Parking System, Inc. Page 10
2.10 Optional Services.
2.10.1 City may request in writing that Central provide the following
additional services at City's expense, with a reasonable additional remittance to
Central for profit and overhead, as agreed by the parties:
(a) Enforce and manage the City's parking permit program.
(b) Manage and process City's parking citation program.
(c) Upon City's written request for any of the services referenced in subsections "a"
through "b" or any other additional services, Central and City shall negotiate in good
faith and if a service is agreed upon enter into a written amendment to this Restated
Agreement.
Attachments:
(1) Lot Maps
(2) Equipment
Central Parking System, Inc. Page 11
Attachment 1: Lot Maps
Yellow shading indicates the area in which Pay Stations will be installed.
ins�y.
Central Parking System, Inc. Page 12
Attachment 2: Equipment
Procurement urc ase
Status Description Invoice PO Ref VIN If applicable Date Quantity
Per Restated Agreement Wav 2012)
Meters
Buyout
IPS Meters
IPS H -13266 Buyout 2012
05/31/2012
1,325
Buyout
Batteries
IPS? H -13266 Buyout 2012
05131/2012
1,325
Buyout
Handhelds- AutoCites
Duncan solutions
INVC6001332 Buyout 2012
05131/2012
7
New
Toyota Yaris -LPRI
I
Paystations
Toyota Yaris -LPR2
-
I
Buyout
Luke Pay Stations
Digital Payment
Technologies 145271
Buyout 2012
05/31/2012
8
Vehicles
New
Buyout
Ford Focus BE Sedan 2011 -MGT
New Concepts Leasing H-
13266 Buyout 2012
103588
0513112012
1
Buyout
Ford Ranger Pickup 2011 - Maint
New Concepts Leasing H-
13256 Buyout 2012
1 FTKRIAE4BPA17540
05131/2012
1
Buyout
Ford E- 150 Cargo Van 2011- Collections
New Concepts Leasing H-
13255 Buyout 2012
1FTNEIEW3BDA81453
0513112012
1
Signage
TBD
New
Miscellaneous Office Startup Equipment
TBD
Buyout
Miscellaneous Office Equipment
05/31/2012
20
Buyout
Safe
05!31/2012
1
Buyout I
Coin Sorter
05131/2012
1
Per Amendment No. One (April 2013)
Paystations
New
Luke Pay Stations
PO 34266
23
Vehicles
New
Toyota Yaris -LPRI
I
New
Toyota Yaris -LPR2
-
I
Plate Recognition Infrastructure
New
LPR- Rig #1
1
New
LPR- Rig #2
1
New
Signage
TBD
New
Loops
TBD
Central Parking System, Inc. Page 13
EXHIBIT "B"
SCHEDULE OF BILLING RATES
1. Revenue Distribution.
(a) Parking Meters: City shall pay Central seven hundred thousand dollars
($700,000) annually to provide the Services contemplated in this Restated Agreement
for the Original Spaces. This annual payment shall be divided into twelve (12) equal
monthly installments of fifty -eight thousand three hundred and thirty -three dollars and
thirty -three cents ($58,333.33) that shall be transmitted to Central by the fifteenth (15th)
day of each calendar month. All payments to Central under this Section shall be
accomplished by the use of electronic fund transfer.
Parking Lots: By the 15th of each month, City shall reconcile the previous month's
Parking Lots revenues. In consideration of the services provided for the Parking Lots,
City shall pay to Central Fifteen Percent (15 %) of Parking Lots revenues, net of credit
card transaction fees, by the 30th of each month for the revenues collected in the
previous month. Such Fifteen Percent (15 %) payment shall only take effect when the
Pay Stations are installed and operating.
If the Pay Stations in the Parking Lots are not installed and operating and Central is
required to utilize additional personnel pursuant to Exhibit "A ", Section 2.2(k), City shall
pay to Central:
Ambassador Level Employee - $19 /hour
Supervisory Customer Service Level Employee - $24.32 /hour
Shift Manager / Assistant Manager Level Employee - $30.40 /hour
City shall NOT pay Central the Fifteen Percent (15 %) referenced above during this
interim operating period.
Notwithstanding the foregoing, the total amount paid to Central for adding such
personnel, i.e., pursuant to Exhibit "A ", Section 2.2(k), and not including additional
personnel requested pursuant to Exhibit "A ", Section 2.1(b), shall not exceed
$22,366.23 for May 2013, $38,364.04 for June 2013 and $46,838.04 for July 2013.
Additional Enforcement: For additional enforcement, if requested pursuant to Exhibit
"A ", Section 2.1(b), Central shall increase use of its own enforcement personnel where
possible. If, in Central and City's opinion, increased services are required and agreed
to by City in writing, City shall pay to Central the same hourly rates for the Ambassador
Level Employee, Supervisory Customer Service Level Employee and Shift
Manager /Assistant Manager Level Employee as noted above. Additional expense items
related to the City's request for additional enforcement services shall be subject to the
same approval and procurement process as described in Exhibit "A ", Section 2.7.2.
Beginning May 1, 2014, such hourly rates for Central's employees noted above shall
increase annually by the prior one year in CPI (Los Angeles- Riverside - Orange County
Central Parking System, Inc. Page 14
All Urban Consumers) plus one percent (I%) or by three percent (3 %), whichever is
less.
(b) City shall receive and keep all parking meter and Parking Lots revenue which shall
be deposited daily (or other deposit schedule directed by City) by Central with the City
pursuant to Section 2.1(a) of Exhibit "B" below.
(c) For parking meter revenues only (this provision excludes all Parking Lots
revenues), by August 31St following each fiscal year, or partial fiscal year, of the term
hereof, provided Central has submitted the bank reconciliation and merchant credit card
statements before July 31St of that same year, City shall reconcile the previous fiscal
year's (July 1St through June 30th) parking meter revenues, less credit card processing
fees, and if parking meter revenue exceeds three million four hundred thousand dollars
($3,400,000) the amount of revenue in excess shall be used to pay Central a bonus
( "Central's Bonus ") equal to eleven and half percent (11.5 %) of all parking meter
revenues per year in excess of the three million four hundred thousand dollars
($3,400,000). On May 1, 2013, Central's bonus shall increase by five (5) percentage
points to sixteen and half percent (16.5°/x) of all parking meter revenues per year in
excess of three million four hundred thousand dollars ($3,400,000). On May 1, 2015,
Central's bonus shall increase by an additional five (5) percentage points to twenty -one
and half percent (21.5 %) of all parking meter revenues per year in excess of three
million four hundred thousand dollars ($3,400,000). The three million four hundred
thousand dollars ($3,400,000) revenue amount will be pro -rated for any partial fiscal
year. City shall pay Central's Bonus on or before September 30th of the applicable year.
(d) All income from citations shall be the sole property of the City and not count towards
the dollar amounts referenced in sections (a), (b), or (c) above.
(e) City reserves the right to adjust parking meter and /or Parking Lots rates in its sole
and absolute discretion. Central shall utilize the most current parking meter and
Parking Lots rates as may be adopted by the City.
(f) Credit card processing fees under this Restated Agreement shall be charged against
parking meter revenue at Central's direct cost rate without any additional mark up to
City or the parking meter user.
2. Collection of Monies and Accounting.
2.1 Central shall be responsible for the following:
(a) Collecting and accounting for all revenues from the parking meters and Pay
Stations. All monies collected from parking meters and Pay Stations will be deposited
daily (or as otherwise directed by City), in accordance with approved guidelines
established by the City, into a restricted account(s) authorized by the City. The
restricted account(s) shall allow Central to make deposits, but only the City may
withdrawal funds from the restricted account(s). Deposits shall be made to specific
revenue accounts as established by the City in order to properly reflect all collections
areas, particularly tidelands. Central shall be given full access to view the activity in
such bank accounts. The process for Parking Lots credit card and debit card
Central Parking System, Inc. Page 15
transaction deposits shall remain the same as the on- street meter credit card and debit
card transaction deposit process. Central shall utilize its own merchant services (with
funds clearing into a bank account owned and maintained by Central) and shall wire
cleared funds into City's restricted account(s) on a daily basis.
(b) Ensuring proper accountability and internal control of monies collected by Central.
(c) Providing any periodic or special financial and operational reports as requested by
the City.
(d) Providing capability to use debit cards, keys or similar devices at selected parking
meters or Pay Stations.
(e) Should any monies collected by Central be lost, stolen, unaccounted for or otherwise
removed without the authorization of the City from the custody and control of Central
prior to their deposit in the City's approved bank account(s), Central shall deposit in said
amount a like sum of money within ninety -six (96) hours of such loss, theft or removal.
Should said loss, theft or removal be insured or otherwise secured by Central, any
payments made to the City on account thereof shall, if appropriate, be reimbursed to
Central. Central will be liable for all loss /mismanagement of funds.
(f) Segregating all parking meter and Parking Lots revenue attributable to parking
meters and Pay Stations within designated parking areas as determined by the City.
(g) Accumulating data on the number of automobiles and visitors that enter the Corona
del Mar State Beach on a monthly and annual basis, consistent with the Operating
Agreement Corona del Mar State Beach by and between the State of California and the
City, dated August 1, 1999.
Central Parking System, Inc. Page 16