1996-0717_SAN CLAMENTE, CITY OF_Agreement AGREEMENT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
THE CITY OF SAN CLEMENTE FOR
PARKING METER TECHNICIAN SERVICES
THIS AGREEMENT RENEWAL FOR PARKING METER TECHNICIAN SERVICES
(hereinafter referred to as the "Agreement") is made and entered into this 17th day of July, 1996,
by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation and a
political subdivision of the State of California (hereinafter referred to as "San Juan"), and the
CITY OF SAN CLEMENTE, a municipal corporation and a political subdivision of the State of
California(hereinafter referred to as "San Clemente").
RECITALS
A. San Juan's 1995 Downtown Parking Study Update recommended the use of
metering devices as a way of providing an effective parking management program. San Juan
targeted and implemented a small area to be metered.
B. San Juan public works staff does not have the training or experience in maintaining
such equipment. Individuals not only need the knowledge and ability to maintain, repair and
service these high-tech meters, but need specialized tools, parts and supplies as well. It was not
cost effective for San Juan to train existing personnel and supply the necessary tools and
equipment to support San Juan's minor metering program. Contracting with an agency who has
employees performing these tasks was and is the most cost effective approach to servicing this
equipment.
C. San Clemente has replaced many individual mechanical meter heads with the type
of single, multi-space, centralized parking meters San Juan is now using. San Clemente's
acquisition of these new meters reduced the mechanical repair and maintenance workload of its
parking meter technician. Due to this fact, San Clemente is interested in continuing the
contracting of some of its existing parking meter technician's time, and San Juan is interested in
continuing this contracting Agreement with San Clemente for parking meter maintenance.
AGREEMENT
NOW, THEREFORE, in consideration for the foregoing recitals and the terms, conditions
and promises hereinafter contained, the parties hereto agree as follows:
1.0 RECITALS.
The above Recitals are incorporated herein and made a part hereof.
Page 1 of 6
2.0 SERVICES.
San Clemente, as an independent contractor, shall provide routine parking meter service
and maintenance to San Juan. San Clemente's parking meter technician shall be available suffi-
cient hours to service San Juan's parking meters as use requires, but such time shall not exceed
four (4) hours per week, except for emergencies. San Clemente shall provide supervisory
personnel to see that parking meter technician services are being provided in accordance with
San Clemente standards and with all items of this Agreement. San Clemente shall provide
personnel who are properly trained to perform the duties of parking meter technician. San
Clemente shall perform these services in a manner consistent with the standard practices of San
Clemente in performing parking meter maintenance. Routine maintenance duties are: (1)
cleaning, lubricating, adjusting time mechanisms, cleaning mechanism housings and repair or
replacement of broken parts; (2) maintenance of collection boxes and locks, exchange of empty
collection boxes for full collection boxes and return of full collection boxes to San Juan; (3)
preparing and keeping records regarding maintenance, collections, deposits, complaints,
vandalism and related expenses; and (4) meeting with supply representatives to order parts and
maintaining an inventory of parts.
3.0 TERM.
The term of this Agreement shall begin on July 17, 1996, and end on June 30, 1997 (the
"Term"). Either party shall have the right to terminate this Agreement prior to the expiration of
the Term, with or without cause, by giving forty-five (45) days advanced written notice to the
other. This Agreement may be amended, or the Term of this Agreement may be extended, at any
time, by the mutual, written consent of the parties.
4.0 COMPENSATION.
4.1 Compensation for Services Rendered. San Juan shall compensate San
Clemente for the services rendered pursuant to this Agreement as follows:
(a) Labor Rate. The hourly labor rate for services rendered pursuant to this
Agreement during Normal Working Hours shall be Twenty-Five Dollars and Fifty-
Five Cents ($25.55) per hour or any quarter fraction thereof. Hours worked
outside Normal Working Hours shall be billed at Thirty-Eight Dollars and Thirty-
Three Cents ($38.33) per hour or any quarter fraction thereof All Non-Normal
Working Hour calls shall be billed for a minimum of two (2) hours service. Service
hours will be calculated from the time the San Clemente parking meter technician
leaves the San Clemente Public Works yard until the time the technician returns,
provided the technician makes no other stops. For the purposes of this
Agreement, "Normal Working Hours" shall mean 6:00 a.m. to 3:30 p.m. Monday
through Thursday and 6:00 a.m. to 2:30 p.m. every other Friday.
(b) EQuinment Rate. The hourly vehicle rate of Two Dollars and Sixty-One
Cents ($2.61) per hour shall be included in all billings. San Clemente's cost for all meter
repair parts shall also be included and itemized in all billings.
Page 2 of 6
(c) Overhead. An administrative overhead equal to ten percent (10%) of the
monthly total for subsections (a) and (b) above shall be included on all billings.
4.2 Payment. San Clemente shall invoice San Juan on a monthly basis for all
services rendered pursuant to this Agreement. Invoices shall include a breakdown of labor
hours, equipment rates and overhead. San Juan shall pay San Clemente for all such
services rendered pursuant to this Agreement within thirty (30) days of the initial Billing
Date as such date is shown on the invoice. Failure to make payment to San Clemente
within the aforementioned time period shall render such payment delinquent. Delinquent
accounts shall accrue interest at a simple interest rate of seven percent (7%).
5.0 MISCELLANEOUS.
5.1 Leeal Actions. The Municipal and Superior Courts of the State of
California for the County of Orange shall have the exclusive jurisdiction of any litigation
between the parties arising out of this Agreement. This Agreement shall be governed by,
and construed under, the laws of the State of California. In addition to any other rights or
remedies, either party may take legal action, in law or in equity, to cure, correct, or
remedy any default, to recover damages for any default, to compel specific performance of
this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement. The rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
5.2 Attorneys' Fees. If any legal action is necessary to enforce any provision
of this Agreement or for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall receive from the losing party all costs, expenses, and
attorneys' fees paid or incurred in such amount as the court may determine to be
reasonable.
5.3 Waiver. A waiver of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed to be waiver of any subsequent breach of
the same or any other term, covenant, or condition contained in this Agreement whether
of the same or different character.
5.4 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten(10) days of service
of such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the injured party.
Compliance with the provisions of this section shall be a condition precedent to
termination or to any legal action.
5.5 Force Maieure. The time period specified in this Agreement for
performance of services shall not be extended because of any delays due to unforeseeable
Page 3 of 6
causes beyond the control and without the fault or negligence of San Juan or San
Clemente, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, litigation and/or acts of any governmental agency.
5.6 Assienment. Neither party shall assign, transfer, or sell any of its rights or
responsibilities under this Agreement without the prior written consent of the other party.
Any purported assignment in violation of this paragraph shall be void.
5.7 Indemnification. San Juan shall defend, indemnify and hold harmless San
Clemente and its officers, agents and employees against any and all losses, claims,
liabilities, damages and expenses of any nature (including attorney's fees), directly or
indirectly arising out of the conduct, actions or inactions of San Juan, its officers, agents
and employees. San Clemente shall defend, indemnify and hold harmless San Juan and its
officers, agents and employees against any and all losses, claims, liabilities, damages and
expenses of any nature (including attorney's fees), directly or indirectly arising out of the
conduct, actions or inactions of San Clemente, its officers, agents and employees. San
Juan shall be solely responsible for the location, installation, and initial operating condition
of all parking meters and related signs and striping; San Clemente shall be responsible for
damage or injury caused by faulty or improper performance of its maintenance
responsibilities as described in this Agreement, including but not limited to the operation
of its maintenance vehicles.
5.8 Interpretation. The terms of this Agreement shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply. The section headings are for purposes of
convenience only and shall not be construed to limit or extend the meaning of this
Agreement.
5.9 Notices. All notices required to be delivered under this Agreement or
under applicable law shall be personally delivered, or delivered by United States mail,
prepaid, certified, return receipt requested, or by reputable document delivery service that
provides a receipt showing date and time of delivery. Notices personally delivered or
delivered by a document delivery service shall be effective upon receipt. Notices delivered
by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
Notices to be delivered to San Juan shall be directed to:
Office of the City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
Page 4 of 6
Notices to be delivered to San Clemente shall be directed to:
Director of Public Works
City of San Clemente
100 Avenue Presidio
San Clemente, CA 92672
The parties may change the addresses for notice by sending notice of such change as
provided in this section.
5.10 Severability. Each provision of this Agreement shall be severable from the
whole. If any provision of this Agreement shall be found contrary to law, invalid, void, or
unenforceable, the remainder of this Agreement shall not be affected thereby to the extent
such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. In the event that all or any portion of this
Agreement is found to be unenforceable, this Agreement or that portion which is found to
be unenforceable shall be deemed to be a statement of intention of the parties. The parties
further agree that in such event, and to the maximum extent permitted by law, they shall
take all steps necessary in order to make valid this Agreement or that portion which is
found to be unenforceable.
5.11 Integration. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement, and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements, and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
HI
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day and year
first above written.
Attest: CITY OF SAN AN
C STRAN
ity Clerk orge Scarb ough, City Manager
City of San Juan Capistrano
Date Date
Approved as to form:
*CltAttomjey
City of San Juan Capistrano
Deo
Attest: CITY OF SAN NTE
City C14k Mike Parness, City Manager
City of San Clemente
f 7//9A9W/ 7//g/9b
Date Date
Approved as t9 form:
lty Attorney
City of San Clemente
Date
c:\sjcpkgl.wp
Page 6 of 6
AGREEMENT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
THE CITY OF SAN CLEMENTE FOR
PARKING METER TECHNICIAN SERVICES
THIS AGREEMENT FOR PARKING METER TECHNICIAN SERVICES
(hereinafter referred to as the "Agreement") is made and entered
into this 6th day of September, 1995, by and between the CITY OF
SAN JUAN CAPISTRANO, a municipal corporation and a political
subdivision of the State of California (hereinafter referred to as
"San Juan" ) , and the CITY OF SAN CLEMENTE, a municipal corporation
and a political subdivision of the State of California (hereinafter
referred to as "San Clemente" ) .
R E C I T A L S
A. San Juan' s 1995 Downtown Parking Study Update recommended
the use of metering devices as a way of providing an effective
parking management program. San Juan is initially targeting a
small area to be metered.
B . San Juan public works staff does not have the training or
experience in maintaining such equipment . Individuals not only
need the knowledge and ability to maintain, repair and service
these high-tech meters, but need specialized tools, parts and
supplies as well . It would not be cost effective for San Juan to
train existing personnel and supply the necessary tools and
equipment to support San Juan' s minor metering program. Contract-
ing with an agency who has employees performing these tasks is the
most cost effective approach to servicing this new equipment .
C. San Clemente has recently replaced many individual
mechanical meter heads with the type of single, multi-space,
centralized parking meters San Juan will be using. San Clemente ' s
acquisition of this new meter reduces the current mechanical
repair and maintenance workload of its parking meter technician.
Due to this fact, San Clemente is interested in contracting some
of its existing parking meter technician' s time, and San Juan is
interested in contracting with San Clemente for parking meter
maintenance .
A G R E E M E N T
NOW, THEREFORE, in consideration for the foregoing recitals
and the terms, conditions and promises hereinafter contained, the
parties hereto agree as follows :
1. 0 RECITALS.
The above Recitals are incorporated herein and made a part
hereof .
FS2\489\062266-0189\2149361.3 a08/14/95 Page 1 of 6
2 . 0 SERVICES.
San Clemente, as an independent contractor, shall provide
routine parking meter service and maintenance to San Juan.
San Clemente ' s parking meter technician shall be available suffi-
cient hours to service San Juan' s parking meters as use requires,
but such time shall not exceed four (4) hours per week, except for
emergencies . San Clemente shall provide supervisory personnel to
see that parking meter technician services are being provided in
accordance with San Clemente standards and with all items of this
Agreement . San Clemente shall provide personnel who are properly
trained to perform the duties of parking meter technician. San
Clemente shall perform these services in a manner consistent with
the standard practices of San Clemente in performing parking meter
maintenance . Routine maintenance duties are : (1) cleaning, lubri-
cating, adjusting time mechanisms, cleaning mechanism housings and
repair or replacement of broken parts; (2) maintenance of collec-
tion boxes and locks, exchange of empty collection boxes for full
collection boxes and return of full collection boxes San Juan; (3)
preparing and keeping records regarding maintenance, collections,
deposits, complaints, vandalism and related expenses; and (4)
meeting with supply representatives to order parts and maintaining
an inventory of parts .
3 .0 TERM.
The term of this Agreement shall begin on September 6 , 1995,
and end on June 30, 1996 (the "Term" ) . Either party shall have the
right to terminate this Agreement prior to the expiration of the
Term, with or without cause, by giving forty-five (45) days
advanced written notice to the other. This Agreement may be
amended, or the Term of this Agreement may be extended, at any
time, by the mutual, written consent of the parties .
4 .0 COMPENSATION.
4 .1 Compensation for Services Rendered. San Juan shall
compensate San Clemente for the services rendered pursuant to
this Agreement as follows :
(a) Labor Rate. The hourly labor rate for services
rendered pursuant to this Agreement during Normal Working
Hours shall be Twenty-Five Dollars ($25 . 00) per hour or
any quarter fraction thereof . Hours worked outside
Normal Working Hours shall be billed at Thirty-Seven
Dollars and Fifty Cents ($37 . 50) per hour or any quarter
fraction thereof . All Non-Normal Working Hour calls
shall be billed for a minimum of two (2) hours service .
Service hours will be calculated from the time the San
Clemente parking meter technician leaves the San Clemente
Public Works yard until the time the technician returns,
provided the technician makes no other stops . For the
purposes of this Agreement, "Normal Working Hours" shall
mean 6 : 00 a.m. to 3 : 30 p.m. Monday through Thursday and
6 : 00 a.m. to 2 : 30 p.m. every other Friday.
FS2\489\062266-0189\2149361.3 a08/14/95 Page 2 of 6
i
(b) Equipment Rate. The hourly vehicle rate of
Two Dollars ($2 . 00) per hour shall be included in all
billings . San Clemente ' s cost for all meter repair parts
shall also be included and itemized in all billings .
(c) Overhead. An administrative overhead equal to
ten percent (10%) of the monthly total for subsections
(a) and (b) above shall be included on all billings .
4.2 Payment. San Clemente shall invoice San Juan on a
monthly basis for all services rendered pursuant to this
Agreement . Invoices shall include a breakdown of labor hours,
equipment rates and overhead. San Juan shall pay San Clemente
for all such services rendered pursuant to this Agreement
within thirty (30) days of the initial Billing Date as such
date is shown on the invoice . Failure to make payment to
San Clemente within the aforementioned time period shall
render such payment delinquent . Delinquent accounts shall
accrue interest at a simple interest rate of seven percent
(7%) .
5 . 0 MISCELLANEOUS.
5 . 1 Legal Actions. The Municipal and Superior Courts of
the State of California for the County of Orange shall have the
exclusive jurisdiction of any litigation between the parties
arising out of this Agreement . This Agreement shall be governed
by, and construed under, the laws of the State of California. In
addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any
default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes
of this Agreement . The rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the
same default or any other default by the other party.
5 .2 Attorneys ' Fees. If any legal action is necessary
to enforce any provision of this Agreement or for damages by reason
of an alleged breach of any provisions of this Agreement, the
prevailing party shall receive from the losing party all costs,
expenses, and attorneys ' fees paid or incurred in such amount as
the court may determine to be reasonable.
5 . 3 Waiver. A waiver of any breach of any term,
covenant, or condition contained in this Agreement shall not be
deemed to be waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement
whether of the same or different character.
5.4 Disputes. In the event of any dispute arising under
this Agreement, the injured party shall notify the injuring party
in writing of its contentions by submitting a claim therefor. The
FS2\489\062266-0189\2149361.3 a08/14/95 Page 3 of 6
injured party shall continue performing its obligations hereunder
so long as the injuring party commences to cure such default within
ten (10) days of service of such notice and completes the cure of
such default within forty-five (45) days after service of the
notice, or such longer period as may be permitted by the injured
party. Compliance with the provisions of this section shall be a
condition precedent to termination or to any legal action.
5 . 5 Force Maieure. The time period specified in this
Agreement for performance of services shall not be extended because
of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of San Juan or San Clemente,
including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods,
epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation and/or acts of any governmental agency.
5 . 6 Assignment. Neither party shall assign, transfer,
or sell any of its rights or responsibilities under this Agreement
without the prior written consent of the other party. Any
purported assignment in violation of this paragraph shall be void.
5.7 Indemnification. San Juan shall defend, indemnify
and hold harmless San Clemente and its officers, agents and
employees against any and all losses, claims, liabilities, damages
and expenses of any nature (including attorney' s fees) , directly or
indirectly arising out of the conduct, actions or inactions of
San Juan, its officers, agents and employees . San Clemente shall
defend, indemnify and hold harmless San Juan and its officers,
agents and employees against any and all losses, claims, liabili-
ties, damages and expenses of any nature (including attorney' s
fees) , directly or indirectly arising out of the conduct, actions
or inactions of San Clemente, its officers, agents and employees .
San Juan shall be solely responsible for the location, installa-
tion, and initial operating condition of all parking meters and
related signs and striping; San Clemente shall be responsible for
damage or injury caused by faulty or improper performance of its
maintenance responsibilities as described in this Agreement,
including but not limited to the operation of its maintenance
vehicles ,
5. 8 Interipretation. The terms of this Agreement shall
not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction
which might otherwise apply. The section headings are for purposes
of convenience only and shall not be construed to limit or extend
the meaning of this Agreement .
5 . 9 Notices. All notices required to be delivered under
this Agreement or under applicable law shall be personally
delivered, or delivered by United States mail, prepaid, certified,
return receipt requested, or by reputable document delivery service
that provides a receipt showing date and time of delivery. Notices
personally delivered or delivered by a document delivery service
shall be effective upon receipt . Notices delivered by mail shall
FS2\489\062266-0189\2149361.3 a08/14/95 Page 4 of 6
be effective at 5 : 00 p.m. on the second calendar day following
dispatch. Notices to be delivered to San Juan shall be directed
to:
Office of the City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
Notices to be delivered to San Clemente shall be directed to:
Director of Public Works
City of San Clemente
100 Avenue Presidio
San Clemente, CA 92672
The parties may change the addresses for notice by sending notice
of such change as provided in this section.
5 . 10 Severability. Each provision of this Agreement
shall be severable from the whole . If any provision of this
Agreement shall be found contrary to law, invalid, void, or
unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the
purposes of this Agreement . In the event that all or any portion
of this Agreement is found to be unenforceable, this Agreement or
that portion which is found to be unenforceable shall be deemed to
be a statement of intention of the parties . The parties further
agree that in such event, and to the maximum extent permitted by
law, they shall take all steps necessary in order to make valid
this Agreement or that portion which is found to be unenforceable.
5 .11 Integration. It is understood that there are no
oral agreements between the parties hereto affecting this
Agreement, and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements, and understand-
ings, if any, between the parties, and none shall be used to
interpret this Agreement .
FS2\489\062266-0189\2149361.3 a08/14/95 Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this day and year first above written.
Attest : C OFJUAN CAPISTRANO
",,,rl - &j4a4�u - A /fi--Nt
City Clerk G rbo gh, City Manager
City of San Juan CapistrAho
Approved as to form:
C t Attorney 7 -2 ? 155
City of San Juan Capistrano
Attest : CITY OF SAN CLEMM�ENTEE,�^ ��
City Crk Mayor 9 G 95
City oaf San Clemente
Approved as to form:
I tto ney
i of San Clemente
FS2\489\062266-0189\2149361.3 a07/24/95 Page 6 of 6
CITY CLERK'S DEPARTMENT-ACTION REMINDER
TO: Douglas Dumhart, Management Analyst II
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: May 15, 1996
SITUATION:
On September 6, 1995, the City of San Juan Capistrano approved a Parking Meter Technician
Services agreement with the City of San Clemente.
ACTION REQUESTED:
Said agreement is due to expire on June 30, 1995. Please notify the City Clerk's office on agreement
status.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/15/96
Deadline Date: 06/30/96
-41 �Zh ) -d cid rGIG ���r
cc: Department Head /��✓
/i
City Attorney C� T �iJ
C���YIPrfc° f�c � ,
(Sanclem.600.30)
5-144 - C/6 r,._.
MEMBERS OF THE COUNCIL
COLLENE NE CCAMPBELL
WYAr- OILJO MART
munplpH CA JONES
isnHis��I 1961 DAVID YN SWEASM
1776 DAVID SWERDUN
CRV MANAGER
GEORGE SCARBOROUGH
April 30, 1996
Mr. Mike Sorg, Director of Public Works
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
Subject: Agreement for Parking Meter Technician Services
Dear Mr. Sorg:
This letter is to serve as our notice of intention to extend the above mentioned item for Fiscal
Year 1996-97.
Pursuant to Section 3 of the Agreement between the City of San Juan Capistrano and the City
of San Clemente for Parking Meter Technician Services requires written consent of the
parties. The City of San Juan Capistrano has found the services of San Clemente's staff
above satisfaction and seeks to continue contracting for parking meter services.
Additionally, the City of San Juan Capistrano is contemplating the installation of fifty-one
(5 1) single head meters in the Mission Promenade Parking Lot. If successful, we anticipate
installation by July 1996 and desire to expand our contracted services to include these
meters.
Please pass along our gratitude for a job well done. We look forward to your favorable reply.
Sincerely,
zaw 4�W- 6-v-�
Douglas D. Dumhart
Management Analyst II
cc: George Scarborough, City Manager
Cindy Pendleton, Director of Finance
C:DOUGLAS`PRK,GMTR.SC
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
�SpN C(F�
s CITY OF
SAN CLEMENTE
C4�IFORN�P MAINTENANCE SERVICES DIVISION
DAVE DENDEL, PUBLIC WORKS MAINTENANCE SUPERVISOR
(714) 361-8317 FAX (714) 361-8340
September 18, 1995
Douglas Dumhart
Management Analyst
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Douglas:
Enclosed is the signed original Agreement between the City of San Juan Capistrano and the
City of San Clemente For Parking Meter Technician Services.
If I can be of further assistance, please don't hesitate to call.
Sincerely,
Dave Dendel, Public Works Maintenance Supervisor
Enclosure
DD:jb
Maintenance Services Division 390 Avenida Pico, Bldg A San Clemente California 92672
SEP 191995
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
_ - WYATT HART
® U m1961 rI4 OIL JONES
If u.anoem 1961 CMOLYwN �NASHH
1776 DAVID
•^ • CITY MANAGER
GEORGE SCARBOROUGH
May 18, 1995
Mr. Dave Dendal
City of San Clemente
390 Avenida Pico
San Clemente, California 92672
Re: Conceptual Agreement for Parking Meter Technician Services
Dear Mr. Dendal:
At their meeting of May 16, 1995, the City Council of the City of San Juan
Capistrano began the process for establishing paid parking in the City of San Juan
Capistrano. Part of their action was to approve the concept of contracting with the
City of San Clemente for Parking Meter Technician services. The City Manager
was authorized to sign the final agreement with the City of San Clemente for those
services.
Douglas Dumhart will be in contact with you regarding these services. He may be
reached at 443-6316 if you have any questions.
Very truly yours,
Cheryl Johnson
City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
a Jones felt that a per-hour rate would be better than a per-day rate; that a flat rate may not
• generate the ultimate revenue.
Mayor Nash felt that the proposal for hourly rates and for more reasonable yearly permits
matter needed additional analysis and research by staff. She felt that the proposed $1.00 daily
rate for residents was too low. Council Member Jones noted that consideration should also
be given to reimbursement of people with annual permits whose situations change and who
no longer need to park in those spaces. Council Member Campbell stated that it was unfair
for the City's taxpayers to subsidize commuter parking for non-residents and requested that
staff consider as many variations as possible. Mayor Nash noted that the San Juan Capistrano
is an old, unique city, and the commuter system is creating major problems for a very
restricted area;that other cities did not have the same physical restrictions. She stated it was
necessary to control commuter parking so that other businesses in town have parking
available for their customers. Council Member Swerdlin noted that the number of trains
coming into San Juan Capistrano has increased over the past few years from three trains to
eight or nine trains per day, with approximately 800 commuters now using the San Juan
Capistrano station.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that this item be continued to the meeting of June 6, 1995, for staff to
provide additional information regarding the fee structure, the permit structure for residents
and non-residents, and the hourly rates.
• 3. CONSIDERATION OF PUR . ASE OF PARKING R DEVICES (370 30)
Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst II, recommending
that two Park-Ur-Self System IV electronic parking controllers for metered parking be
purchased for installation at the Franciscan Plaza Parking Structure, including modem,
operating software, pedestal, and receipt paper, at a total cost of$35,925.
Authorization to Purchase Two Electronic Parking,Controllers for Franciscan Plaza
Parking Structure:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that staff be authorized to purchase two Park-Ur-Self System IV
electronic parking controllers for the Franciscan Plaza Parking Structure, including modem,
operating software, pedestal, and receipt paper, at a total cost of$35,925. Appropriation of
funds was authorized from the General Fund Reserves.
---� 4. CONSIDERATION OF AGREEMIENT FOR PARKING R TECHNICIAN
SERVICES (600.30)
Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst H, recommending
that the City enter into a one-year contract with the City of San Clemente for provision of
City Council Minutes -8- 5116195
Parking Meter Technician Services for maintenance of the electronic parking meter collection
equipment, at an hourly rate of$25.
Approval of Agreement with City of San Clemente for Parking Meter T clinician
Services:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the Agreement between the City of San Juan Capistrano and the City
of San Clemente be approved for provision of Parking Meter Technician Services for the one-
year period ending June 30, 1996, at an hourly rate of$25, or $4,800 annually. The Mayor
was authorized to execute the Agreement on behalf of the City of San Juan Capistrano.
PLANNING DERECTOR
1. INITIATION OF GENERAL. PLAN AMENDMENT 95-2 - SAN JUAN
MEADOWS LOCATED ALONG LA NOVIA AVENUE, FORSTER CANYON
PLANNED COMMUNi_TY. TENTATIVE TRACT MAP 14343 (SAN JUAN
MEADOWS LIMITED PARTNERSHIP) (440,25)
Written Communications:
(1) Report dated May 16, 1995, from the Planning Director, forwarding a request from
San Juan Meadows Limited Partnership to initiate a General Plan Amendment for a
portion of an existing 148-acre parcel located along La Novia Avenue. The request
was made to maintain consistency between the applicant's Tentative Tract Map and
. the City's General Plan, as follows:
(a) Redesignate a portion of the "2.1 Open Space Recreational area" located
along Forster Canyon Road near Pacific Point to "5.0 Public Institutional."
(b) Redesignate the "2.1 Open Space Residential area" adjoining the senior site
to "1.4 Medium Density Residential."
(c) Amend the Equestrian and Recreation Trails Master Plan to establish an
alternate trail alignment along Forster Canyon Road linking the Old Forster
Road trail with the City's Open Space lands which were dedicated as part of
the GlenFed Planned Community.
(2) Memorandum dated May 12, 1995, from the Planning Director, providing
background information to clarify questions regarding the initiation of the proposed
General Plan Amendment.
Exhibits were on display and Mr. Tomlinson discussed past and present proposals for the site.
He advised that an amendment process was necessary to study the merits of the proposed
General Plan Amendment. In response to Council, he advised that in August, 1994, the
Regional Water Quality Control Board had declined to issue permits for construction of a golf
course on the landfill portion of this project. Deletion of the golf course plans was based on
concerns that placement of trees and excessive amounts of water generated from the golf
City Council Minutes -9- 5/16/95
AGENDA ITEM May 16, 1995
TO: George Scarborough, City Manager
FROM: Douglas Dumhart, Management Analyst II
SUBJECT: Consideration of Agreement for Parking Meter Technician Services
RECOMMENDATION:
By motion, approve the concept of contracting with the City of San Clemente for providing
Parking Meter Technician Services and direct the City Manager to execute final
agreement.
SUMMARY:
In the effort to establish paid parking for commuter spaces the City will need to acquire the
services for maintaining collection equipment . Since the City is initially targeting a very
small area to be metered, to train existing personnel and supply tools and equipment for
such a minor metering program would not be cost effective. Staff has discussed the
amount of work hours that would be required for San Juan Capistrano with meter
manufactures and other Cities that have metering devices. It was estimated the City will
need between 2 and 6 person hours per week for metering services. Because of the minor
service needs and up front training and supply costs, staff is recommending contracting
with another local agency to provide these services. San Clemente has recently replaced
many individual meter heads with single multi-space meters reducing the current
mechanical repair and maintenance workload of the parking meter technician. Due to this
fact, San Clemente is interested in contracting some of this employee's time. Staff has
prepared an tentative agreement for parking meter technician services with the City of San
Clemente and is recommending City Council approve the concept and direct the City
Manager execute the final agreement.
BACKGROUND:
The 1995 Downtown Parking Study Update has recommended the use of metering devices
as a way of providing an effective parking management program. At this time efforts are
underway to initiate paid parking for the commuter spaces in the Franciscan Plaza Parking
Structure.
FOR CITY COUNCIL AGEND�:.. ( .�. I CL
Agenda Item -2- May 16, 1995
Metering of the leased spaces accomplishes two objectives. First it provides a "level
playing field" for parking at the San Juan Capistrano train station with the San Clemente
train station.
Until March 6, 1995 the San Juan station was the only station serving all of South Orange
County. Recently, San Clemente's Metrolink station opened, but due to fare differences
and paid parking there has been little relief to parking near the San Juan Capistrano
station. Secondly, the metering will provide financial relief by recovering some of the
expenses associated with the Redevelopment Agency's cost to lease and provide these
spaces.
This collection device would be the first metering system in the City. City Public Lands and
Facilities staff do not have the training or experience in maintaining such equipment.
Individuals would need not only knowledge and abilities to maintain, repair and service
meters but also have specialized tools, parts and supplies for servicing this equipment.
Contracting with an agency who has employees performing these tasks is the most cost
effective approach to servicing this new equipment.
A Parking meter technician must have knowledge of methods and techniques for
repairing, cleaning and, collecting parking meters. The individual must also have access
to tools, equipment and parts used to perform parking meter repairs. Finally this employee
must have the ability to operate machinery and tools used to repair and collect parking
meters and receive training on timing devices as the meters modernize.
As previously mentioned in the summary section the City of San Clemente has recently
installed a couple of multi-purpose meters replacing the traditional single head meters.
These multi-space meters have replaced over 300 individual meters greatly reducing the
major mechanical service requirements for their parking meter technicians. Thus, San
Clemente is interested in contracting for parking meter maintenance on an hourly rate, cost
recovery basis. Staff has prepared an tentative agreement with the City of San Clemente
for parking meter technician services. Staff is seeking City Council approval of the
concept of contracting with the City of San Clemente for this service and direct the City
Manager to execute the final agreement.
COMMISSION / BOARD RECOMMENDATIONS
Not applicable
FINANCIAL CONSIDERATIONS:
At an estimated minimum of 4 hours per week we can anticipate an annual contract for 192
hours of service. At an hourly rate inclusive of benefits and overhead, the proposed
contract for Parking meter services will cost about $4,800 annually. Revenues received
from metering devices will cover the cost of theses services.
Agenda Item -3- May 16, 1995
NOTIFICATION:
City of San Clemente
ALTERNATE ACTIONS:
1. By motion, approve the concept of contracting with the City of San Clemente for
providing Parking Meter Technician Services and direct the City Manager to
execute final agreement.
2. By motion, approve the concept of contracting with the City of San Clemente for
providing Parking Meter Technician Services and direct the City Manager to
execute final agreement subject to modifications.
3. Continue the item and request additional information from staff.
RECOMMENDATION!
By motion, approve the concept of contracting with the City of San Clemente for
providing Parking Meter Technician Services and direct the City Manager to execute
final agreement.
Respectfully Submitted,
/�etGLsy{o-o ilk/• �(%GG+r�I�.4iL�
Douglas D. Dumhart
Management Analyst II
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Attachment
418.agn
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY
OF SAN CLEMENTE FOR PARKING METER TECHNICIAN SERVICES,
THIS AGREEMENT made and entered into on this day of 1995,
by and between the City of San Juan Capistrano, a municipal corporation,
hereinafter called "San Juan Capistrano", and the City of San Clemente a municipal
corporation, hereinafter called "San Clemente".
Witnesseth
Whereas, San Clemente is experienced in and is knowledgeable concerning the
maintenance of electronic parking meters; and,
Whereas, San Juan Capistrano desires to contract with San Clemente for the
performance of Parking Meter Technician Services through San Clemente's Public Works
Department; and,
Whereas, San Clemente is willing and able to render such services on an hourly
rate, cost recovery basis, in accordance to the terms and conditions hereinafter set forth:
Now Therefore, It is Mutually Agreed as follows:
1. This agreement shall begin on July 1, 1995, and end June 30, 1996, and for
such term thereafter as the parties may agree upon. In the event that this
Agreement is extended beyond June 30, 1996, the compensation for
services shall be established by mutual consent of the parties. Said
payment shall be made upon written statement to San Juan Capistrano by
San Clemente and approval of the City Manager.
2. The San Juan Capistrano representative in dealing with San Clemente shall
be the City Manager or such person as the City Manager may designate. If,
at any time during the contracted period, San Clemente questions the
meaning of any item of this agreement, San Clemente shall contact the City
Manager or his designee for interpretation of that item.
3. San Clemente's Parking Meter Technician shall be available sufficient hours
to service San Juan's parking metering devices as use requires. Scope of
responsibilities for technician are outlined in exhibit "A" attached to and
incorporated by reference.
Page 1 of 3
4. San Clemente shall provide supervisory personnel to see that parking meter
technician services are taking place at the required places and times, and
in accordance with all items of this agreement. San Clemente shall maintain
adequate personnel to be able to furnish parking meter technician services
in the event that any person fails to report for work.
5. San Clemente shall provide personnel properly trained as herein specified
for the performance of duties of parking meter technician. In the
performance of their duties, employees of San Clemente shall conduct
themselves in accordance with the conditions of this agreement and the laws
and codes of the State of California and the City of San Juan Capistrano.
6. Reimbursable hourly labor rate $25.00 (during normal working hours) or
current step for Parking Meter Technician plus benefits, if labor rate
changes, shall be used for billings. Any hours worked outside normally
scheduled work hours, will be paid at the hourly rate time and one half.
Service hours will be calculated from the time parking meter technician
leaves San Clemente public works yard and until his return.
7. Reimbursable hourly equipment rate $2.00 Per Hour (meter vehicle) shall be
used for billings. Meter repair parts will be supplied by San Clemente. Any
repair parts that may be supplied shall be invoiced to San Juan Capistrano
at cost.
8. An administrative overhead of 10 % of total monthly invoice shall be included
for billings. Payment for services rendered will be issued on a monthly basis
upon receipt of invoice. Invoice is to include a breakdown of labor hours,
equipment hours, parts charges and overhead.
9. San Clemente shall at all times provide worker's compensation insurance
covering it's employees.
10. Either party shall have the right to cancel this agreement by giving forty-five
( 45 ) days written notice to the other.
11. San Clemente shall not have the right to assign this contract to any other
agency or firm except with the written consent of San Juan Capistrano.
Page 2 of 3
In Witness Whereof, the parties hereto have executed this agreement this day and year first
above written.
Approved as to form:
City Attorney, City of San Juan Capistrano
Attest:
City Clerk, San Juan Capistrano Mayor
Approved as to form:
City Attorney, City of San Clemente
Attest:
City Clerk, San Clemente Mayor
Page 3 of 3
EXHIBIT "A"
SCOPE OF RESPONSIBILITIES
DUTIES AND RESPONSIBILITIES - Essential and other important responsibilities and
duties may include, but are not limited to the following:
1. Perform routine maintenance on parking meters including cleaning and lubricating
and mechanisms, adjusting time mechanisms, cleaning mechanism housing, and
repair or replace broken parts.
2. Perform minor adjustments to meters on location; remove meters requiring major
repairs and transport them to the maintenance shop.
3. Install and paint meter poles; straighten damaged poles; affix parking signs to poles.
4. Maintain collection boxes and locks.
5. Apply ordinances and instruction plates to parking meters including rate and hour
tags, and parking signs on public streets, lots and private parking lots.
6. Maintain records on meter and pole maintenance activities; maintain logs on
complaints, vandalism and related expenses.
7. Collect money from parking meters; make bank deposits; keep accurate deposit
records.
8. Complete accident and insurance reports on meters damaged in motor vehicle
accidents.
9. Meet with supply representatives and orders parts; maintain an inventory of poles,
meters and parts.
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