Loading...
HomeMy WebLinkAboutPARKMOBILE (2)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: JUL 2 0 2023 N-2015-077-01 FIRST AMENDMENT TO PARKING SERVICES AGREEMENT BETWEEN THE CAA L2)(AV) CITY OF SANTA ANA AND PARKMOBILE. LLC THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 1, 2023, by and between ParkMobile, LLC ("Contractor") and City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. WHEREAS, Contractor and City entered into a Parking Services Agreement No. N-2015- 077, dated May 4, 2015 (the "Agreement"), by which Contractor agreed to provide parking services throughout the City. B. WHEREAS, the amount of funding is no longer sufficient to meet increasing parking demand and associated costs. C. WHEREAS, Contractor and City desire to amend the Agreement to reflect certain changed conditions and new payment terms negotiated between the Parties as set forth below. The Parties therefore agree: 1. The above recitals are incorporated herein. 2. Amounts Owed: Contractor shall be compensated for at[ unpaid services from May 1, 2023, through June 30, 2023. J. Article 2.2, Payment: The Parties agree to amend Article 2.2 of the Agreement by deleting the last sentence of Article 2.2 and replacing it with the following: "Payment by Client to Parkmobile shall not exceed Fifty Thousand Dollars ($50,000.00) annually." 4. Schedule 1, Services: The Parties agree to amend Schedule 1 of the Agreement by replacing it in its entirety with Schedule 1 attached to this Amendment. 5. Schedule 3, Fees: The Parties agree to amend Schedule 3 of the Agreement by deleting the first sentence in its entirety and replacing it with the following: "Parkmobile shall charge the Client or Parkmobile User an on -demand user fee of S0.40 cents per transaction ('On Demand User Fee')." 6. This First Amendment contains the entire agreement of the Parties with respect to the matters set forth herein and may only be changed by an agreement in writing signed by the Parties. Except as modified by this Amendment, all other terms and provisions of the Agreement remain in full force and affect. [Signatures on the following page] IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST i tfer L 1 Ci APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: ' Jonathan T. M Assistant City Attorney RECOMMENDED FOR APPROVAL Mike Garcia Executive Director Community Development Agency CITY OF SANTA ANA Kra e Ridge City Manager CONSULTANT By: By: T t Title: CWf Legal Officer SCIIEDULE 1 ON -DEMAND PARKING SERVICES ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for on -demand parking using the ParkMobile Application ("On -Demand Parkine"). "ParkMobile User" means an end user that uses the ParkMobile Application. "ParkMobile Application" means any and all mobile and/or web applications, services, or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile and that are made available to the general public and that facilitates the payment of parking transactions. ParkMobile Users may begin and, if applicable, end a parking transaction in a variety of ways: (1) visiting https://app.parkmobilc.io; (2) calling ParkMobile's IVR System, or (3) using the ParkMobile Application. In order to register with ParkMobile and begin a parking session, a consumer simply provides ParkMobile with the information required by ParkMobile to create an account, including payment method information and license plate number. Thereafter, subsequent parking sessions only require the ParkMobile User to enter or select the applicable parking duration available for the applicable location. The parking zone code of the Client parking areas are indicated on parking signs or on parking meters. Enforcers of the Client check the validity of parking status real time against the Platform via a web service offering, provided as part of the Services, to determine if a valid parking right exists. This information can be accessed by using a handheld terminal, mobile device or personal digital assistant (PDA). ParkMobile does not provide or pay for Client's use of handheld terminals, mobile devices or PDAs for enforcement or any data plans or other items needed for communication between such items and the Services. At their option, ParkMobile Users will receive parking alert services from ParkMobile via SMS, ParkMobile Application push notification or email. The ParkMobile User may be notified, for example, when parked for an extended period of time or when the maximum parking time nears expiration. ParkMobile Users can use On -Demand Parking anywhere the Services are available. "Services" means the ParkMobile Application, the Platform, and all other services provided by ParkMobile under this Agreement "Platform" means access -controlled mobile and/or web applications, services or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile that are made available to Client to administer, configure, manage and/or monitor parking sessions, parking rates, and/or parking restrictions associated with Client's parking locations. All parking charges are automatically charged to the ParkMobile User's payment method, and ParkMobile Users have real time access to an online account -based personal page accessible from https:/iapp.parkmobile.io to access and print parking history, receipts, and statements.