HomeMy WebLinkAboutC-3344 - Parking Meter Test Program Agreement (Smart Meter Trial Program)0
MAY a
i
TO: Mayor and Members of the City Council
FROM: Public Works Department
May 9, 2000
CITY COUNCIL AGENDA
ITEM NO. 9
SUBJECT: CONTRACT WITH INNOVAPARK FOR THE SMART METER TRIAL
PROGRAM
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a contract with InnovaPark LLC
DISCUSSION:
The firm of InnovaPark LLC has submitted a proposal to the City to convert 50 parking
meters to their Smart Meter on a trial basis to demonstrate their benefits. The meters
are a standard electronic meter with additional circuitry added by InnovaPark. This
added circuitry gives the meter additional capabilities. It will prevent meter feeding
which is when people park in a short-term meter and return periodically to insert
additional money. The smart meters also will reset to zero when a car leaves the space
before the time on the meter has expired.
This product was recommended to the City Council by the Promote Revitalization of
Our Peninsula (PROP) committee in their memo of February 8, 2000. The key
advantage to the City is the increased turnover in short-term spaces that should result
from the use of this technology. A secondary benefit may be a minor increase in
revenue from the reset feature.
The attached agreement details the trial installation. The highlights of this agreement
are that it will be done at no cost to the City, it covers a 90 day trial period, the meters
will be in the McFadden area and in the Balboa Metered Lot, and that InnovaPark will
recoup its expenses from a percentage of the increased revenue derived from the reset
feature. At the end of the 90 days, the City will have three options. One is to request
the removal of the smart meters, the second would be to keep the 50 meters, and the
third would be to expand the program. If the second or third options are selected, a
new agreement would be executed with more details based upon the experience during
the trial period. This subsequent agreement would likely be for a one -year term with an
option for annual renewals thereafter.
SUBJECT: Contract With Innova *or the Smart Meter Trial Program
May 9, 2000
Page 2
The vendor will recoup their costs by receiving 75 percent of any incremental revenue
from the modified meters. Once their initial costs are recovered, the incremental
revenue over the baseline would be spit 50/50 between the vendor and the City. The
baseline meter revenue will be determined by separate collections of similar meters in
each area. We will be collecting revenue information on the baseline meters in
advance of the trial to ensure that they are representative of the meters to be modified.
Respectfully suupbmitt d
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: e�J�l'tc -eL�d
Richard M. Edmonston, P.E.
Transportation & Development Services Manager
Attachment: Agreement
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PARKING METER TEST PROGRAM AGREEMENT
BETWEEN INNOVAPARK L.L.C. AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this day of 2000,
by and between InnovaPark L.L.C., (hereinafter "VENDOR "), and the City of Newport Beach,
California, a municipal corporation organized and existing under and by virtue of its Charter and
the Constitution and the laws of the State of California, (hereinafter "CITY").
W ITNESSETH:
WHEREAS, CITY administers certain real property located in the City of Newport
Beach, County of Orange, State of California, which property is more particularly described as
McFadden parking area and the Balboa Metered Parking Lot (hereinafter 'RIGHT -OF- WAY "),
depicted in Exhibit "A" hereto and by this reference incorporated within; and
WHEREAS, CITY is responsible for the maintenance of RIGHT -OF -WAY; and
WHEREAS, VENDOR desires to construct and maintain certain test parking meters
within RIGHT-OF-WAY (hereinafter "TEST METERS ") so that the City can evaluate their
performance; and
WHEREAS, CITY is interested in having TEST METERS installed to determine
performance in generating revenue, and encouraging turn over of short term parking spaces;
and
WHEREAS, parties hereto desire to execute an agreement to evaluate the performance
of TEST METERS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
It is mutually agreed that TEST METERS shall be defined as Duncan Eagle 2000
as approved by the City Traffic Engineer.
2. CITY will permit VENDOR to construct, install, maintain, operate and repair
TEST METERS all in substantial conformance with plans and specifications on file in the CITY.
1
CITY will further allow VENDOR to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. VENDOR and CITY further agree as follows:
a. VENDOR will construct and install TEST METERS and appurtenances
incidental thereto, in substantial conformance with plans and specifications therefor on file in
the CITY's Public Works Department and as described on Exhibit "B" hereto attached.
b. VENDOR will provide the necessary hardware, meter programming,
contribute its vehicle detection technology and pay for installation of TEST METERS.
C. CITY agrees that it will collect meter revenue and related meter data on a
timely basis, conduct mutually agreed upon system appraisal and indicated maintenance and
use its best efforts to insure the enforcement of parking violations within the test area will be
consistent with the enforcement procedures prior to commencement of the test.
d. VENDOR agrees to provide such systems support and maintenance as
may be required to assure that the Test Project is fully operational during the 90 day
Demonstration Period.
e. VENDOR will provide product warranties to CITY consistent with current
parking trade practices.
f. CITY agrees that, to the extent that any of the 50 TEST METERS shall
be damaged or any other extraordinary events shall occur during the Demonstration Period,
appropriate adjustment to the evaluation of the VENDERS System's performance shall be
made.
g. TEST METERS shall be in place for a test period of ninety (90) days.
The test period can be extended upon mutual agreement of both parties.
h. VENDOR will be responsible for the repair /replacement of defective
meters, detectors, and /or loops that malfunction for any reason other than vandalism, breakage
due street resurfacing, improper /inadequate maintenance, theft, etc.
2
0 0
i. VENDOR shall provide CITY with whatever training may be required to
effectively maintain the TEST METERS. Such maintenance is expected to be limited to
occasional battery replacement.
1•
WAY.
k.
parking locations.
TEST METERS shall be installed in 50 locations in RIGHT -OF-
TEST METERS shall be placed in $1.00 per hour short term
I. After TEST METERS are in place CITY agrees to provide
VENDOR with the most current and relevant meter revenue histories for the test
locations.
M. VENDOR will be responsible for prompt removal of TEST METERS at
end of test period if a subsequent agreement is not executed to allow for use beyond the 90-
day period.
n. CITY shall evaluate TEST METERS in three specific areas: Installation
competence and quality, system functionality and reliability, and revenue enhancement vs. base
line.
o. All revenue generated by TEST METERS will go to the CITY. However,
if CITY decides to continue and /or expand the test program, then in accordance with this
Agreement VENDOR will begin to receive monthly payments from CITY retroactive to the first
day of the fully operational test project. These payments will represent an amount equal to
75% of the incremental meter revenue above established baselines for the 50 VENDOR
enabled meters each month thereafter until such time as VENDOR has recouped its costs
together with interest at a rate of 6% per annum. These costs shall be defined as the cost of
installation paid to a designated third party contractor per the installation contract, plus the cost
of electronic meters, meter housings, meter poles, vehicle detectors, wiring, and pre- formed
loops and or all of which may be required to make the test project operational. Subsequent to
VENDOR's cost being recouped, CITY payments to VENDOR will be reduced to an amount
equaling 50% of all revenues from the 50 meters in excess of the established baseline.
4. This Agreement is freely terminable by either party at their will upon receipt of
written notice of termination thirty (30) days prior to the effective date of termination.
3
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate this
Agreement, and, in the event the breaching party is VENDOR, CITY may enter upon RIGHT -
OF -WAY and remove all or part of the improvements installed by VENDOR. Termination
because of breach shall be upon a minimum of ten (10) days' notice, unless the breach is cured
within such 10 -day period, with the notice specifying the date of termination. In the event of
litigation commenced with respect to any term of condition of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and costs incurred.
6. CITY shall indemnify, defend, protect, and hold harmless VENDOR its
employees, officers, directors and agents from any claims damages, loss and expenses, of
every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or
indirectly connected with CITY's obligations under this Agreement,
7. VENDOR shall indemnify, defend, protect, and hold harmless the CITY, its
employees, officers, directors and agents from any claims damages, loss and expenses, of
every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or
indirectly connected with VENDOR's obligations under this Agreement,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
APPROVED AS TO FORM
By:
City Attorney
ATTEST:
By:
City Clerk
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Exhibit A
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Exhibit A
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Loop Installation Procedures
A minimum of three days prior to the commencement date of the job, we will mark the 50
spaces as to the precise location of the loop. Traffic control will be placed in the
designated work area in compliance with CNB guidelines at the start of each workday.
The job Foreman will meet with CNB Inspector each day as necessary to have traffic
control, performed work, etc. inspected. During the loop cutting process, all slurry water
will be contained, vacuumed up and removed from the job site. At the end of each work
day the job site area will be left clean.
The center of the loop will be installed approximately 8 feet from the leading edge of,
and centered in, the parking space. The geometry of the loop will be either 3' diameter
circle or a 3' per side parallelogram. The loop wire channel will be .25 'wide and 2.0"
deep. An InnovaPark pre - formed loop wire will be installed in the bottom of the channel
and secured in place by 1.0" pieces of "backer rod' placed at 12' intervals. Standard
loop sealant will be applied uniformly to cover and seal the channel. The 'home run" wire
will rest in a channel that runs from the loop to the meter post cut to the same width and
depth as the loop channel with one exception. The first 12" of the home run channel
must be 0.75' wide to accommodate the loop - to-home -run connector. Backer rod will
be used to secure the run wire in the channel. Where two home run wires are being
installed to a singe meter pipe, the first wire is laid into the channel and backer rod is laid
and compressed over the entire run. The next wire is then laid over the compressed
backer rod and pressed into the channel. The channel is then sealed. The portion of
the run cut in asphalt will be filled with black sealant; the portion of the run cut in
concrete will be filled with sealant colored to simulate concrete. At its interface with the
bottom of the meter pole, the home run channel is completed by drilling a 0.75' hole in
the base of the pole below the sidewalk grade. The wire(s) are fed into the hole and
"fished" up to the top of the meter pole for further connection to the meter and its
housing. The entire wire installation process will be inspected to ensure complete burial
and a complete sealant application.
Exhibit B
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PARKING METER TEST PROGRAM AGREEMENT
BETWEEN INNOVAPARK L.L.C. AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this day of 2000,
by and between InnovaPark L.L.C., (hereinafter "VENDOR "), and the City of Newport Beach,
California, a municipal corporation organized and existing under and by virtue of its Charter and
the Constitution and the laws of the State of California, (hereinafter "CITY ").
RECITALS
A. CITY administers certain real property located in the City of Newport Beach,
County of Orange, State of California, which property is more particularly described as
McFadden parking area and the Balboa Metered Parking Lot (hereinafter "RIGHT -OF- WAY "),
depicted in Exhibit "A" and incorporated by this reference; and
B. CITY is responsible for the RIGHT -OF -WAY; and
C. VENDOR has introduced to CITY a new parking meter technology that VENDOR
represents will increase parking revenue, ( "VENDOR'S SYSTEM "); and
D. VENDOR desires to provide, install and maintain certain parking meters to test
VENDOR'S SYSTEM (hereinafter "TEST METERS ") so that the CITY can evaluate the
performance of VENDOR'S SYSTEM; and
E. CITY is interested in having TEST METERS installed to determine performance
in generating revenue and encouraging turn over of short term parking spaces; and
F. Parties hereto desire to execute an agreement to evaluate the performance of
TEST METERS.
NOW, THEREFORE, in consideration of the mutual promises, the Parties hereto agree
as follows:
0
1. TEST PROTOCOL.
CITY will permit VENDOR to install fifty (50) TEST METERS and appurtenant devices in
locations shown on Exhibit "A" ( "TEST AREA ") subject to the following:
a. TEST METERS shall be in place and operational for a period of ninety
(90) days ( "TEST PERIOD ").
b. TEST METERS shall be installed in one dollar ($1.00) per hour short
term parking locations designated by CITY within the TEST AREA.
C. TEST METERS shall be the Duncan Eagle 2000.
2. VENDOR DUTIES:
a. VENDOR will provide and install TEST METERS and appurtenant
devices in substantial conformance with plans and specifications on file in the CITY's Public
Works Department and as described on Exhibit "B"
b. VENDOR will provide the necessary hardware, meter programming,
contribute its vehicle detection technology and pay for all costs associated with the installation
of the TEST METERS.
C. VENDOR will provide CITY with training and systems support so CITY
staff can provide routine maintenance of the TEST METERS during the 90 day TEST PERIOD.
d. VENDOR will provide product warranties to CITY consistent with current
parking trade practices.
e. VENDOR will be responsible for the repair /replacement of defective
meters, detectors, and /or loops that malfunction for any reason other than vandalism, breakage
due to street resurfacing, or theft.
3. CITY DUTIES
a. CITY will collect meter revenue and related meter data on a timely basis,
and conduct mutually agreed upon system appraisal and routine maintenance.
b. CITY shall use its best efforts to ensure that enforcement of parking
violations within the general area of the TEST METERS is consistent with the level of
enforcement for other similar areas of the CITY.
C. After TEST METERS are operational, CITY will provide VENDOR with
the most current and relevant meter revenue histories for the TEST AREA.
2
0
4. EVALUATION
CITY will evaluate TEST METERS and VENDOR'S SYSTEM in terms of the following:
the competence and quality of installation, meter and system functionality and reliability,
revenue enhancement/turn over of short term parking. The Public Works Director will prepare a
report for review and consideration by the City Council no later than thirty (30) days after
expiration of the TEST PERIOD. The evaluation of the TEST METERS performance shall
account for damage to any of the TEST METERS as well as other events outside of the
control of VENDOR that could have affected performance during the TEST PERIOD.
5. REVENUE
a. All revenue generated by TEST METERS will go to the CITY subject to the
provisions of Subsection b.
b. In the event CITY and VENDOR enter into an agreement pursuant to Section
6 then the agreement shall provide, unless VENDOR agrees otherwise, that:
(i) VENDOR shall receive seventy five percent (75 %) of meter
revenue above the BASELINE from the TEST METERS each month until VENDOR has
recovered all TEST COSTS plus interest at the rate of six percent on the amount of the TEST
COSTS;
(ii) After VENDOR has recovered all TEST COSTS, any subsequent
agreement shall provide that VENDOR shall receive fifty percent (50 %) of the meter revenue
above the BASELINE from the TEST METERS;
(iii) That VENDOR shall receive the payments described in
Subparagraphs (i) and (ii) from the first day that all TEST METERS are fully operational.
c. For purposes of this Agreement, the term BASELINE shall mean the actual
parking meter revenue from parking meters within the TEST AREA during the TEST
PERIOD. For purposes of this Agreement the term VENDOR COSTS shall mean the
cost of installation paid by VENDOR to a third party contractor, the cost of TEST
METERS, meter housings, meter poles, vehicle detectors, wiring, pre- formed loops and
other equipment required to make the TEST METERS operational.
6. SUBSEQUENT AGREEMENT
Unless the Parties enter into a subsequent agreement to extend the TEST
PERIOD or permanently install VENDOR'S SYSTEM, this Agreement will expire sixty
days after the City Council review of the evaluation prepared by the Public Works
Department or ninety days after the end of the TEST PERIOD, whichever occurs first.
3
This Agreement may be terminated by either party, without cause, by serving thirty (30)
days written notice of termination. This Agreement may be extended upon mutual
written agreement of the Parties.
7. METER REMOVAL
VENDOR shall remove TEST METERS at the end of TEST PERIOD, or upon
termination of this Agreement, unless a subsequent agreement is executed to continue
use of the TEST METERS beyond the 90 day period.
8. BREACH
In the event either party breaches any material provision of this Agreement, the other
party at its option may, in addition to the other legal remedies available to it, terminate this
Agreement, and, in the event the breaching party is VENDOR, CITY may remove all or part of
the TEST METERS and improvements installed by VENDOR. Termination because of breach
shall be upon a minimum of ten (10) days notice, unless the breach is cured within such ten
(10) day period, with the notice specifying the date of termination.
9. CITY INDEMNIFICATION
CITY shall indemnify, defend, protect, and hold harmless VENDOR its employees,
officers, directors and agents from any claims damages, loss and expenses, of every kind and
nature whatsoever, arising out of, resulting from, CITY's negligent performance of its obligations
under this Agreement.
10. VENDOR INDEMNIFICATION
VENDOR shall indemnify, defend, protect, and hold harmless the CITY, its employees,
officers, directors and agents from any claims damages, loss and expenses, of every kind and
nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly
connected with VENDORS SYSTEM or VENDOR's negligent performance of its obligations
under this Agreement. VENDOR or VENDOR's agent shall provide evidence of insurance
sufficient to protect the CITY with respect to any claim, loss, damage or injury that arises out of
or is in any way related to the installation of TEST METERS.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
N
APPROVED AS TO FORM
By:
City Attorney
ATTEST:
By:
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
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Mayor
INNOVAPARK L.L.C.
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BALBOA METERED LOT
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MCFADDEN AREA
Exhibit A
Loop Installation Procedures
A minimum of three days prior to the commencement date of the job, we will mark the 50
spaces as to the precise location of the loop. Traffic control will be placed in the
designated work area in compliance with CNB guidelines at the start of each workday.
The job Foreman will meet with CNB Inspector each day as necessary to have traffic
control, performed work, etc. inspected. During the loop cutting process, all slurry water
will be contained, vacuumed up and removed from the job site. At the end of each work
day the job site area will be left clean.
The center of the loop will be Installed approximately 8 feet from the leading edge of,
and centered in, the parking spaoe. The geometry of the loop will be either 3' diameter
circle or a 3' per side parallelogram. The loop wire channel will be .25 ' wide and 2.0"
deep. An InnovaPark pre- formed loop wire will be installed in the bottom of the channel
and secured in place by 1.0" pieces of "backer rod" placed at 12' intervals. Standard
loop sealant will be applied uniformly to cover and seal the channel. The 'home run' wire
will rest in a channel that runs from the loop to the meter post cut to the same width and
depth as the loop channel with one exception. The first 12' of the home run channel
must be 0.75' wide to accommodate the loop- to-home -run connector. Backer rod will
be used to secure the run wire in the channel. Where two home run wires are being
installed to a singe meter pipe, the first wire is laid into the channel and backer rod is laid
and compressed over the entire run. The next wire is then laid over the compressed
backer rod and pressed into the channel. The channel is then sealed. The portion of
the run cut in asphalt will be filled with black sealant; the portion of the run cut in
concrete will be filled with sealant colored to simulate concrete. At its interface with the
bottom of the meter pole, the home run channel is completed by drilling a 0.75' hole in
the base of the pole below the sidewalk grade. The wire(s) are fed into the hole and
"fished" up to the top of the meter pole for further connection to the meter and its
housing. The entire wire installation process will be inspected to ensure complete burial
and a complete sealant application.
Exhibit B
0 • #9
PARKING METER TEST PROGRAM AGREEMENT
BETWEEN INNOVAPARK L.L.C. AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this �t4 day of Maq , 2000,
by and between InnovaPark L.L.C., (hereinafter "VENDOR "), and the City of Newport Beach,
California, a municipal corporation organized and existing under and by virtue of its Charter and
the Constitution and the laws of the State of California, (hereinafter "CITY ").
RECITALS
A. CITY administers certain real property located in the City of Newport Beach,
County of Orange, State of California, which property is more particularly described as
McFadden parking area and the Balboa Metered Parking Lot (hereinafter "RIGHT -OF- WAY "),
depicted in Exhibit "A" and incorporated by this reference; and
B. CITY is responsible for the RIGHT -OF -WAY; and
C. VENDOR has introduced to CITY a new parking meter technology that VENDOR
represents will increase parking revenue, ( "VENDOR'S SYSTEM "); and
D. VENDOR desires to provide, install and maintain certain parking meters to test
VENDOR'S SYSTEM (hereinafter "TEST METERS ") so that the CITY can evaluate the
performance of VENDOR'S SYSTEM; and
E. CITY is interested in having TEST METERS installed to determine performance
in generating revenue and encouraging turn over of short term parking spaces; and
F. Parties hereto desire to execute an agreement to evaluate the performance of
TEST METERS,
NOW, THEREFORE, in consideration of the mutual promises, the Parties hereto agree
as follows:
1
0 0
1. TEST PROTOCOL.
CITY will permit VENDOR to install fifty (50) TEST METERS and appurtenant devices in
locations shown on Exhibit "A" ( "TEST AREA ") subject to the following:
a. TEST METERS shall be in place and operational for a period of ninety
(90) days ( "TEST PERIOD ").
b. TEST METERS shall be installed in one dollar ($1.00) per hour short
term parking locations designated by CITY within the TEST AREA.
C. TEST METERS shall be the Duncan Eagle 2000.
2. VENDOR DUTIES:
a. VENDOR will provide and install TEST METERS and appurtenant
devices in substantial conformance with plans and specifications on file in the CITY's Public
Works Department and as described on Exhibit "B"
b. VENDOR will provide the necessary hardware, meter programming,
contribute its vehicle detection technology and pay for all costs associated with the installation
of the TEST METERS.
C. VENDOR will provide CITY with training and systems support so CITY
staff can provide routine maintenance of the TEST METERS during the 90 day TEST PERIOD.
d. VENDOR will provide product warranties to CITY consistent with current
parking trade practices.
e. VENDOR will be responsible for the repair /replacement of defective
meters, detectors, and /or loops that malfunction for any reason other than vandalism, breakage
due to street resurfacing, or theft.
3. CITY DUTIES
a. CITY will collect meter revenue and related meter data on a timely basis,
and conduct mutually agreed upon system appraisal and routine maintenance.
b. CITY shall use its best efforts to ensure that enforcement of parking
violations within the general area of the TEST METERS is consistent with the level of
enforcement for other similar areas of the CITY.
C. After TEST METERS are operational, CITY will provide VENDOR with
the most current and relevant meter revenue histories for the TEST AREA.
E
0 0
4. EVALUATION
CITY will evaluate TEST METERS and VENDOR'S SYSTEM in terms of the following:
the competence and quality of installation, meter and system functionality and reliability,
revenue enhancement/turn over of short term parking. The Public Works Director will prepare a
report for review and consideration by the City Council no later than thirty (30) days after
expiration of the TEST PERIOD. The evaluation of the TEST METERS performance shall
account for damage to any of the TEST METERS as well as other events outside of the
control of VENDOR that could have affected performance during the TEST PERIOD.
5. REVENUE
a. All revenue generated by TEST METERS will go to the CITY subject to the
provisions of Subsection b.
b. In the event CITY and VENDOR enter into an agreement pursuant to Section
6 then the agreement shall provide, unless VENDOR agrees otherwise, that:
(i) VENDOR shall receive seventy five percent (75 %) of meter
revenue above the BASELINE from the TEST METERS each month until VENDOR has
recovered all TEST COSTS plus interest at the rate of six percent on the amount of the TEST
COSTS;
(ii) After VENDOR has recovered all TEST COSTS, any subsequent
agreement shall provide that VENDOR shall receive fifty percent (50 %) of the meter revenue
above the BASELINE from the TEST METERS;
(iii) That VENDOR shall receive the payments described in
Subparagraphs (i) and (ii) from the first day that all TEST METERS are fully operational.
c. For purposes of this Agreement, the term BASELINE shall mean the actual
parking meter revenue from parking meters within the TEST AREA during the TEST
PERIOD. For purposes of this Agreement the term VENDOR COSTS shall mean the
cost of installation paid by VENDOR to a third party contractor, the cost of TEST
METERS, meter housings, meter poles, vehicle detectors, wiring, pre- formed loops and
other equipment required to make the TEST METERS operational.
6. SUBSEQUENT AGREEMENT
Unless the Parties enter into a subsequent agreement to extend the TEST
PERIOD or permanently install VENDOR'S SYSTEM, this Agreement will expire sixty
days after the City Council review of the evaluation prepared by the Public Works
Department or ninety days after the end of the TEST PERIOD, whichever occurs first.
3
0 0
This Agreement may be terminated by either party, without cause, by serving thirty (30)
days written notice of termination. This Agreement may be extended upon mutual
written agreement of the Parties.
7. METER REMOVAL
VENDOR shall remove TEST METERS at the end of TEST PERIOD, or upon
termination of this Agreement, unless a subsequent agreement is executed to continue
use of the TEST METERS beyond the 90 day period.
8. BREACH
In the event either party breaches any material provision of this Agreement, the other
party at its option may, in addition to the other legal remedies available to it, terminate this
Agreement, and, in the event the breaching party is VENDOR, CITY may remove all or part of
the TEST METERS and improvements installed by VENDOR. Termination because of breach
shall be upon a minimum of ten (10) days notice, unless the breach is cured within such ten
(10) day period, with the notice specifying the date of termination.
9. CITY INDEMNIFICATION
CITY shall indemnify, defend, protect, and hold harmless VENDOR its employees,
officers, directors and agents from any claims damages, loss and expenses, of every kind and
nature whatsoever, arising out of, resulting from, CITY's negligent performance of its obligations
under this Agreement.
10, VENDOR INDEMNIFICATION
VENDOR shall indemnify, defend, protect, and hold harmless the CITY, its employees,
officers, directors and agents from any claims damages, loss and expenses, of every kind and
nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly
connected with VENDORS SYSTEM or VENDOR's negligent performance of its obligations
under this Agreement. VENDOR or VENDOR's agent shall provide evidence of insurance
sufficient to protect the CITY with respect to any claim, loss, damage or injury that arises out of
or is in any way related to the installation of TEST METERS.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
4
0
APPROVED AA S TO FORM:
City Attorney
City Clerk
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Exhibit A
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Loop Installation Procedures
A minimum of three days prior to the commencement date of the job, we will mark the 50
spaces as to the precise location of the loop. Traffic control will be placed in the
designated work area in compliance with CNB guidelines at the start of each workday.
The job Foreman will meet with CNB Inspector each day as necessary to have traffic
control, performed work, etc. inspected. During the loop cutting process, all slurry water
will be contained, vacuumed up and removed from the job site. At the end of each work
day the job site area will be left clean.
The center of the loop will be installed approximately 8 feet from the leading edge of,
and centered in, the parking space. The geometry of the loop will be either 3' diameter
circle or a 3' per side parallelogram. The loop wire channel will be .25 'wide and 2.0'
deep. An InnovaPark pre - formed loop wire will be installed in the bottom of the channel
and secured in place by 1.0" pieces of "backer rod' placed at 12' intervals. Standard
loop sealant will be applied uniformly to cover and seal the channel. The 'home run' wire
will rest in a channel that runs from the loop to the meter post cut to the same width and
depth as the loop channel with one exception. The first 12' of the home run channel
must be 0.75' wide to accommodate the loop- to-home -run connector. Backer rod will
be used to secure the run wire in the channel. Where two home run wires are being
installed to a singe meter pipe, the first wire is laid into the channel and backer rod is laid
and compressed over the entire run. The next wire is then laid over the compressed
backer rod and pressed into the channel. The channel is then sealed. The portion of
the run cut in asphalt will be filled with black sealant; the portion of the run cut in
concrete will be filled with sealant colored to simulate concrete. At its interface with the
bottom of the meter pole, the home run channel is completed by drilling a 0.75' hole in
the base of the pole below the sidewalk grade. The wire(s) are fed into the hole and
"fished' up to the top of the meter pole for further connection to the meter and its
housing. The entire wire installation process will be inspected to ensure complete burial
and a complete sealant application.
Exhibit B
SUPPLEMENTAL
ITEM N0. 9
PARKING METER TEST PROGRAM AGREEMENT
• BETWEEN INNOVAPARK L.L.C. AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into this day of 2000,
by and between InnovaPark L.L.C., (hereinafter "VENDOR "), and the City of Newport Beach,
California, a municipal corporation organized and existing under and by virtue of its Charter and
the Constitution and the laws of the State of California, (hereinafter "CITY").
RECITALS
A. CITY administers certain real property located in the City of Newport Beach,
County of Orange, State of California, which property is more particularly described as
McFadden parking area and the Balboa Metered Parking Lot (hereinafter "RIGHT -OF- WAY "),
depicted in Exhibit "A" and incorporated by this reference; and
B. CITY is responsible for the RIGHT -OF -WAY; and
C. VENDOR has introduced to CITY a new parking meter technology that VENDOR
• represents will increase parking revenue, ( "VENDOR'S SYSTEM "); and
D. VENDOR desires to provide, install and maintain certain parking meters to test
VENDOR'S SYSTEM (hereinafter "TEST METERS ") so that the CITY can evaluate the
performance of VENDOR'S SYSTEM; and
E. CITY is interested in having TEST METERS installed to determine performance
in generating revenue and encouraging turn over of short term parking spaces; and
F. Parties hereto desire to execute an agreement to evaluate the performance of
TEST METERS.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
1. It is mutually agreed that TEST METERS shall be defined as Duncan Eagle 2000
• as approved by the City Traffic Engineer.
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2. CITY will permit VENDOR to install and repair TEST METERS and appurtenant
• devices in locations shown on Exhibit "A" ( "TEST AREA ").
3. VENDOR and CITY further agree as follows:
a. VENDOR will provide and install TEST METERS and appurtenant
devices in substantial conformance with plans and specifications on file in the CITY's Public
Works Department and as described on Exhibit "B" attached hereto and incorporated by
reference.
b. VENDOR will provide the necessary hardware, meter programming,
contribute its vehicle detection technology and pay for all costs associated with the installation
of the TEST METERS.
C. VENDOR will provide such training, systems support, and maintenance
as may be required to assure that the TEST METERS are fully operational during the 90 day
TEST PERIOD.
• d. VENDOR will provide product warranties to CITY consistent with current
parking trade practices.
e. VENDOR will be responsible for the repair /replacement of defective
meters, detectors, and /or loops that malfunction for any reason other than vandalism, breakage
due to street resurfacing, improper /inadequate maintenance, theft, etc.
f. CITY will collect meter revenue and related meter data on a timely basis,
and conduct mutually agreed upon system appraisal and routine maintenance. CITY shall use
its best efforts to insure the enforcement of parking violations within the area of the TEST
METERS will be consistent with the enforcement procedures for other parking areas.
g. TEST METERS shall be in place and operational for a period of ninety
(90) days, ( "TEST PERIOD "). Evaluation of the TEST METERS performance may be adjusted
to reflect poor performance due to damage of any of the fifty (50) TEST METERS or any other
extraordinary events that may occur during the TEST PERIOD.
• h. TEST METERS shall be limited to fifty (50), one dollar ($1.00) per hour
short term parking locations designated by CITY within the TEST AREA.
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i. After TEST METERS are operational, CITY will provide VENDOR with
• the most current and relevant meter revenue histories for the TEST AREA.
j. CITY will evaluate TEST METERS in three specific areas: Installation,
competence and quality, system functionality and reliability, and revenue enhancement vs.
baseline.
k. All revenue generated by TEST METERS will go to the CITY. However, if
CITY and VENDOR agree to continue and /or expand VENDOR's SYSTEM to other parking
areas in CITY, then as a part of any subsequent agreement, CITY agrees that VENDOR will
receive monthly payments from CITY for the TEST METERS retroactive to the first day of the
fully operational TEST PERIOD. These payments will represent an amount equal to seventy-
five percent (75 %) of any incremental meter revenue above established baselines for the fifty
(50) TEST METERS for the TEST PERIOD and each month thereafter until such time as
VENDOR has recouped its costs together with interest at a rate of six percent (6 %) per annum.
Costs of the TEST PERIOD shall be defined as the cost of installation paid to a designated third
party contractor per the installation contract, plus the cost of TEST METERS, meter housings,
meter poles, vehicle detectors, wiring, and pre- formed loops, all of which may be required to
make the VENDOR'S SYSTEM operational. Subsequent to VENDOR's cost being recouped,
• CITY payments to VENDOR will be reduced to an amount equaling fifty percent (50 %) of all
revenues from the 50 TEST METERS in excess of the established baseline for the duration of
any subsequent agreement. For purpose of this section baseline shall be the average revenue
per meter collected from comparable meters in the vicinity of the TEST METERS, as agreed
upon by the CITY and VENDOR.
4. This Agreement will terminate at the end of the TEST PERIOD as defined in
paragraph 3(g), unless terminated earlier by either party, without cause, by serving thirty (30)
days written notice of termination. The TEST PERIOD may be extended upon mutual written
agreement of the Parties to enter into negotiations for an agreement to continue or expand
VENDOR'S SYSTEM to other parking areas within the City.
5. VENDOR shall remove TEST METERS at the end of TEST PERIOD, or upon
termination of this Agreement, unless a subsequent agreement is executed to continue use of
the TEST METERS beyond the 90 day period.
• 6. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate this
Agreement, and, in the event the breaching party is VENDOR, CITY may remove all or part of
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the TEST METERS and improvements installed by VENDOR. Termination because of breach
shall be upon a minimum of ten (10) days notice, unless the breach is cured within such ten
(10) day period, with the notice specifying the date of termination.
7. CITY shall indemnify, defend, protect, and hold harmless VENDOR its
employees, officers, directors and agents from any claims damages, loss and expenses, of
every kind and nature whatsoever, arising out of, resulting from, CITY's negligent performance
of its obligations under this Agreement.
8. VENDOR shall indemnify, defend, protect, and hold harmless the CITY, its
employees, officers, directors and agents from any claims damages, loss and expenses, of
every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or
indirectly connected with VENDOR's SYSTEM or VENDOR's negligent performance of its
obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
APPROVED AS TO FORM:
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
zi
Mayor
INNOVAPARK L.L.C.
By: By:
City Clerk
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