HomeMy WebLinkAbout2019-09-13 DTPC Packet
DOWNTOWN PARKING COMMISSION
AGENDA
Thursday, September 19, 2019
8:30 AM Conference Room 213, City Hall
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF AUGUST 15, 2019 MINUTES
4. OPEN FORUM
5. BUSINESS
5.01. Parking Ramp revenue system proposals
5.02. Parking for Lora Hotel event
5.03. Ice Castle
6. UPDATES
7. ADJOURNMENT
DOWNTOWN PARKING COMMISSION MEETING
August 15, 2019
Chairman Anderson called the meeting to order at 8:30 a.m.
Present: Chairman Anderson, Commissioners Hopfe, Johnson, Lepage, McAllister
(left at 10:25 a.m.), Council Liaison Junker
Absent: Commissioners Glynn and Lettner
Staff present: Parking Enforcement Officer Pasket, Zoning Administrator Tait, Community
Development Director Turnblad
APPROVAL OF MINUTES
Possible approval of minutes of July 18, 2019 meeting
The minutes of the July 18, 2019 meeting were approved.
OTHER BUSINESS
Passport Parking demonstration
Community Development Director Turnblad introduced Marcell Allmond of Passport Parking.
Mr. Allmond gave an online presentation on the Passport Parking system. It is a micro mobility
movement platform which handles payments, enforcement and mobile tolling, and has its own
license plate recognition technology. The system allows users to pay for their parking on their
cell phone with their credit card from their vehicle, eliminating the need for a gate. Users
receive alerts when their time is about to expire so they may add time or use a validation code
again. Passport does not charge the City any annual fee or licensing fee. They use a pass-
through cost paid by the customer of 25-35 cents. There are also credit card fees which can be
added to the customer costs if the City wishes. The permitting system would be a separate web
based product that they would build for the City. Transaction reports are available to the City for
all types of users. Mr. Allmond explained the monitoring and enforcement system.
Mr. Turnblad asked about pricing of hardware for the enforcement system.
Mr. Allmond replied the system uses Android phones. Cities must procure their own phones.
Hand held printers are $600/each. Everything else is a pass through cost to the user. The license
plate recognition system consists of two cameras mounted on top of the vehicle, a tablet
mounted inside the vehicle and a black box mounted in the trunk or back of the vehicle. A
typical system costs about $40,000 installed. The yearly cost is $1,600 to keep the software
updated and maintain the cameras.
Mr. Turnblad asked, is there a way to know how many parking spaces are occupied?
Downtown Parking Commission Meeting
August 15, 2019
Page 2 of 4
Mr. Allmond said there is no way to know this in real time without adding some sort of outside
equipment.
Parking Enforcement Officer Pasket asked if the program comes at one cost or are there
additional costs.
Mr. Allmond replied typically there is no cost up front to the City other than the hardware. Most
of the software costs are passed through to the user. Passport receives a dollar per permit per
month, which can be passed through to the customer too.
Commissioner McAllister asked if a paper citation system is the only option or if digital
citations can be issued that alert the user. She asked what is recommended for users who do not
use smart phones.
Mr. Allmond said a digital citation is on the horizon but they currently do not have that feature.
For users who do not use smart phones, the City may purchase pay stations which typically cost
$10,000-13,000. Passport would integrate with those pay stations. Some cities purchase their
own IVR numbers which could be listed on signage, allowing users to sign up for parking on
their phone with voice prompts.
Mr. Turnblad asked, what is the cost of this system to the user?
Mr. Allmond responded if the parking fee is $3 per day, the user would pay $3.25. $3 would go
to city, 25 cents to Passport. If merchant service fees are added into the convenience fee then the
convenience fee would go up to 35-37 cents so the parking fee would be $3.37.
Mr. Turnblad asked how long it would take to get the system up and running.
Mr. Allmond replied about 4 months from start to finish including testing.
Mr. Turnblad asked for a one sheet summary of costs to provide to the Council for
consideration.
Loft Parking Request
Mr. Turnblad informed the Commission that the Lofts Condominium Association would like the
Commission to consider eliminating the Main Street parking space immediately south of the
driveway and swapping the current handicapped parking space, which is now just south of the
main entrance, with the current first open space just north of the main entrance. This is to
increase visibility for cars exiting the driveway onto Main Street, which has become
increasingly hazardous with the addition of new businesses and increased traffic.
Chairman Anderson asked how is this different than every other situation downtown. He does
not want to set a precedent. He feels the issue exists primarily during high season and on
weekends. He would support changing one of the spaces into “Compact Car Only.”
Jim Spiegelhalter, Lofts of Stillwater Board President, said the problem is exacerbated because
of the curve in the road. There have been a lot of near-misses.
Councilmember Junker stated the visibility issue is a problem every day. The solution may be to
eliminate the first parking space and move the handicapped designation to the second space.
Commissioner McAllister agreed with Chairman Anderson that there are many areas where
drivers have to pull all the way out into the crosswalk to see north and south. She added that
because of the configuration and incline angle of the exit, drivers have a natural tendency to
inch forward to get the car level.
Downtown Parking Commission Meeting
August 15, 2019
Page 3 of 3
Chairman Anderson suggested designating the first spot “Compact Car Only”, making the
second spot handicapped, and revisiting the issue in a year. He feels there is way more line of
sight at this location than most intersections. Eliminating parking spaces would set precedence
for other groups to come in and ask for elimination of more parking spaces.
Councilmember Junker remarked that since the trailhead has gone in, the whole parking
scenario has changed. North Main traffic is a lot heavier than it was before.
Commissioner McAllister pointed out that crossing Main Street anywhere there is not a signal
presents the same hazard.
Parking Enforcement Officer Pasket recommended against designating “Compact Car Only”
because it is hard to enforce. He feels the City should move the handicapped space.
Commissioner Lepage proposed moving the handicapped space to the space that’s proposed to
be eliminated (the first one) and leave the other two spaces as they are.
Commissioner Johnson pointed out the Commission is only looking at the parking aspect, and
has not looked at other possible solutions like installing a signal or a sensor that would flash
when a car is exiting.
Commissioner Hopfe asked if the City could lower the speed limit from Myrtle Street past the
Zephyr.
Councilmember Junker replied the State is not willing to lower the speed limit.
Chairman Anderson said eliminating one parking space would gain only 22 feet of lead time.
600 feet equates to seven seconds at 30 mph.
Mr. Spiegelhalter said that eliminating one space would give drivers more time to move out into
traffic.
Mr. Pasket suggested eliminating the first parking space and eliminating the handicapped space,
which is not often used. There is a handicapped space right across the street and there are two in
the SW corner of the parking lot. This would be a compromise for both sides.
Mr. Spiegelhalter said there are handicapped spaces inside the building.
Commissioner Johnson asked if that would jeopardize the City’s compliance with ADA
regulations.
Mr. Turnblad replied the City has many more than the required number of handicapped parking
spots.
Motion by Commissioner Lepage, seconded by Commissioner Hopfe, to approve eliminating the
first parking space and removing the current handicapped designation from one space (spot 4). All
in favor, 5-0.
SPECIAL EVENTS
Harvest Fest
Community Development Director Turnblad stated that Summer Tuesdays has applied for a
special event permit for the 2019 Harvest Fest on October 12-13. The definition of peak season
will go to the City Council Tuesday night with a recommendation that peak season run through
October. Right now, October is not peak season. Summer Tuesdays hopes to use Municipal Lots
Downtown Parking Commission Meeting
August 15, 2019
Page 4 of 4
5, 9, and 10 as well as Mulberry Circle. If high water occurs, Plan B would be to relocate the
park activities to the Water Street Inn lot and Lot 11. Staff recommends approval with a parking
fee of $571.50 as requested, or $774 in case of high water necessitating the use of Lot 11.
Motion by Chairman Anderson, seconded by Commissioner Hopfe, to approve the use of Lots 5, 9,
and 10 or in case of high water, Lot 11, with the fees recommended by staff. All in favor, 5-0.
UPDATES
Lot 4 reconfiguration
Mr. Turnblad reported that on completion of the MnDOT project to convert the Lift Bridge to a
pedestrian facility, Municipal Lot 4 will be reconstructed so that no access will be available
from Chestnut Street. Currently the parking lot has a one-way northbound traffic flow. It will
change to two-way with access only from Myrtle Street. The number of parking spaces after the
reconstruction will be roughly the same as today, 29 spaces. With the delay in the bridge
project, Lot 4 cannot be rebuilt until next summer.
OPEN FORUM
There were no public comments.
ADJOURNMENT
Chairman Anderson adjourned the meeting at 10:44 a.m.
Respectfully Submitted,
Julie Kink, Recording Secretary
TO: Downtown Parking Commission
FROM: Bill Turnblad, Community Development Director
DATE: September 12, 2019
RE: Parking Ramp – Revenue System Proposals
INTRODUCTION
The gate and revenue equipment in the municipal parking ramp is scheduled to be replaced this year.
$120,000 has been set aside in the capital program for this purpose. An option suggested by the City’s
Facilities Manager, Mick Greiner, was to eliminate the gate equipment and to contract with an internet
based revenue management company. So, both AirGarage and Passport Parking have given demonstrations
to the Commission and have submitted proposals.
This month the Commission will review and compare the two proposals and make a recommendation to
the City Council for entering into a contract with one of the companies.
COMMENTS
Attached you will find two spreadsheets. The first compares the costs of the two internet based revenue
management companies and the second shows how each of the proposals would impact the parking ramp’s
operational budget.
1. Cost comparison
The platforms, procedures and costs for the two proposals are not directly comparable. But, the
annual costs to the City of each proposal are roughly the same. Though, AirGarage appears to be
the least expensive of the two. Their transaction fees were reduced subsequent to their meeting
with the Parking Commission. In an average year over the past five years, AirGarage would have
cost the City about $16,5001 and Passport Parking would have cost about $21,8001.
2. Impact upon operating budget
If the $120,000 capital cost set aside for a new mechanical revenue system were annualized over
its 8 year expected life span that would be $15,000 per year. Any costs for the new system that
exceed $15,000 will increase the operating budget. As seen in the attached spreadsheet on
operating costs, the additional costs for neither proposal will drive operating costs above the annual
revenue generated by the ramp. However, the more of the annual revenue that is spent on
operations, the less can be set aside for future capital costs.
3. Enforcement considerations
1 Annual costs plus 1/8th of the initial equipment costs
Parking Ramp Revenue System Proposals
Page 2
One of the primary reasons the City is considering a change to an internet based system is to
eliminate the exit arms. After business hours, any problems with the exit equipment are forwarded
to the County Dispatcher. The County is no longer interested in providing this service.
But, if the City eliminates the arms as we want to, then the enforcement procedures in the ramp
will have to change. Currently, Police presence is mainly for general safety purposes. To get into
the ramp today, you either have to swipe your parking permit, or take a voucher. And when you
leave, you either have to pay or swipe your permit again for the exit arm to open. So, Police
presence is not really needed for parking enforcement. But, once the arms are eliminated, Police
presence will also have to check that patrons are paying their parking fees.
To address the need for additional Police presence, the enforcement features of any new system
will be important. And, the enforcement elements of the two proposals are where their primary
differences exist. The Passport Parking enforcement system is more robust than AirGarage’s, but
is commensurately more expensive.
Passport Parking’s proposal would mount license plate recognition (LPR) hardware on a patrol car
and the officer would have a mobile printer to issue tickets while driving through the ramp. The
up-front costs for the system would be $39,800 for the one vehicle. And, there will be a $1,600
annual software licensing fee.
AirGarage would mount ALPR (automatic license plate recognition) cameras at each entrance to
the ramp.2 If a driver has not paid for parking within 10 minutes of arrival, the ALPR software
would send a message with license plate number to the Parking Enforcement Officer giving notice
of the non-payment. The Parking Enforcement Officer would then issue the ticket based upon
whatever protocol the Police Department decides upon. No costs would be charged to the City for
the ALPR system. Its costs would be paid by AirGarge out of the transaction fee (which was not
raised when the ALPR system was added to their proposal – in fact the transaction fee for hourly
customers was reduced from 25% to 20% and the permit customer transaction fee remained at
10%).
If you would like to refresh your memories on either company, you can check them out at their websites
https://www.passportinc.com/industry/municipalities/ and https://airgara.ge
REQUEST
City staff requests the Parking Commission to review the details of the two proposals and recommend a
selection to the City Council.
bt
attachments: Cost Comparison Spreadsheet
Impact on Operating Costs Spreadsheet
Pricing
2 An alternate enforcement system offered by AirGarage is the use of “the barnacle”. This was demonstrated in
July. Essentiall this is a windshield attachment that cannot be removed until the fee/fine is paid on-line.
Revenue System Proposals
Cost Comparison
Passport Parking (with LPR system on one PD vehicle)
City Cost; initial City Cost; on-going Customer Cost Comments
Hourly customer transaction fee (goes to Passport Parking)$0.30 $0.25 base + $0.05 for credit card mgmt: could be charged to customer
Credit card transaction fee (goes to credit card company)2.90%City already pays this fee on transactions
Pay-on-foot station in lobby (for customers w/out handhelds)$10,000 $720 Est of initial costs: machine, install, software install; On-going: annual fee for software license
Permit customers $6,000 Annual cost for managing permit customers
Enforcement: ticket payment fee $3.00
Enforcement: fee for sending delinquent payment notice, if needed 30%$1.50 Passport receives 30% of ticket cost if delinquent.
LPR (license plate recognition) hardware $39,200 $1,600 Hardware cost includes $4,200 for install; annual software license fee $1,600
Enforcement: mobile ticket printer $600
Totals I $49,800.00 $15,605 On-going: $8,320 fixed costs + $5,230 from transactions based on avg # of trans last 5 yrs + est $2,055 avg credit card fee
Totals II $49,800.00 $19,325 On-going: $8,320 fixed costs + $7,900 from transactions based on # of 2018 trans + est $3,105 credit card fee
Total I over 8 years (expected life of new equip which costs $120K)$174,640 Equipment cost + 8X city's annual costs
Total II over 8 years (expected life of new equip which costs $120K)$204,400 Equipment cost + 8X city's annual costs
AirGarage (ALPR system; one camera at each entrance)
Hourly customer transaction fee 20%Includes credit card transaction fees
Permit customer management fee (not including Lowell Inn)10%Includes credit card transaction fees
Pay-on-foot station in lobby (for customers w/out handhelds)$10,000 $720 These costs are estimates based on info from Passport Parking
Enforcement: ticket payment fee 25%
Enforcement: fee for sending delinquent payment notice, if needed NA NA = not available
ALPR (automatic license plate recognition) hardware $0 Included with AirGarage services; no additional fee to City
Enforcement: mobile ticket printer NA NA = not available
Totals I $10,000.00 $15,266.18 Totals I - 20% of avg hourly fee revenue last 5 years + 10% of avg permit fee revenue last 5 years
Totals II $10,000.00 $22,363.80 Totals II - 20% of 2018 hourly fee revenues + 10% of 2018 permit fee revenue
Total I over 8 years (expected life of new equip which costs $120K)$132,129.44 Equipment cost plus 8X city costs
Total II over 8 years (expected life of new equip which costs $120K)$188,910.42 Equipment cost plus 8X city costs
Notes:
1. City could reduce its costs by passing the transaction fee on to the customer. For Passport Parking this would raise the weekend parking fee to $5.30.
For AirGarage the weekend parking fee would raise to to $6.00.
2. Revenues for the parking ramp do not include fees for parking fines.
Municipal Parking Ramp
Revenue System Proposals
Impact on Operating Costs
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Adopted Account Description
$2,502 $36,163 $13,559 $33,380 $10,765 $13,445 $16,570 $13,537 $15,909 $15,684 $18,000 725-0000-3140-0105 Parking Permits
$0 $7,877 $12,627 $10,487 $15,086 $18,620 $18,668 $18,596 $16,884 $20,812 $15,000 725-0000-3140-0110 Parking Permits-Lowell Inn
$0 $0 $140 $0 $0 $0 $0 $0 $0 $0 $0 725-0000-3140-0115 Parking Permits-Events
$0 $0 $26,816 $3,176 $21,856 $31,355 $56,278 $68,046 $84,426 $103,977 $55,000 725-0000-3140-0120 Ramp Revenue-CC & Cash
$0 $0 $0 725-0000-3880-0900 Capital Asset Contributions
$0 $0 $0 725-0000-3910-0461 Transfer In-TIF District #1
$0 $0 $0 725-0000-3910-0720 Transfer In-Parking Fund
$2,502 $44,040 $53,142 $47,043 $47,708 $63,421 $91,516 $100,179 $117,219 $140,474 $88,000 REVENUES
Average transient revenue last 5 years $68,816
Transient revenue in 2018 $103,977
Average permit revenue last 5 years $15,029
Permit revenue 2018 $15,684
2017 2018 2019
Since $120K set aside for new equip to last 8 years, any annualized costs over $15,000 would increase operating Actual Actual Adopted
costs by that amount.$2,679 $0 $2,700 725-4725-1200-0000 Part-Time Salaries
(based on last 5 yrs)(based on 2018)$205 $0 $207 725-4725-1420-0000 FICA/Medicare
AirGarage annualized cost over 8 yrs (ALPR)$16,516 $23,614 $732 $451 $1,000 725-4725-2101-0000 General Supplies
Passport Parking annualized cost 8 yrs (with LPR system)$21,830 $25,550 $0 $0 $0 725-4725-2302-0000 Other Minor Equipment
$12,321 $11,353 $8,000 725-4725-3099-0000 Other Professional Services
Cost of new revenue equipment $120,000 $3,457 $3,871 $3,500 725-4725-3101-0000 Telephone
Annualized cost over 8 yrs $15,000 $0 $0 $0 725-4725-3202-0000 Meals
$0 $0 $0 725-4725-3400-0000 Printing And Publishing
So, if we had AirGarage in an average of the past 5 years, the $1,516 cost in addition to the annualized $15,000 $11,465 $11,912 $12,582 725-4725-3500-0000 General Insurance
equipment cost would have increased avg operating costs to $67,712.27. (The avg revenue was $102,562)$14,776 $19,673 $17,000 725-4725-3600-0000 Electricity
$2,993 $8,535 $9,000 725-4725-3702-0000 Equipment Repair Charges
Likewise, if we had Passport Parking in an average of the past 5 years (with LPR), the $6,830 cost in addition to the $2,307 $3,052 $3,000 725-4725-3707-0000 Maintenance Agreements
annualized equipment cost would have increased operating costs to $73,026.27. $6,705 $7,325 $7,000 725-4725-3900-0000 Sales Tax
$3,224 $3,305 $3,405 725-4725-3906-0000 Admin Charges-General Fund
$6,250 $17,295 $2,500 725-4725-4099-0000 Miscellaneous Charges
$67,116 $86,772 $69,894 OPERATING EXPENDITURES
2016 $60,756.00
2015 $59,693.00
2014 $56,645.00
5 yr op cost avg $66,196.27
Revenues
Operating Costs
Impact of proposals on operating costs
Item Price (USD)
Passport Parking ➔Android Application
➔iOS Application
➔Mobile-Optimized Website
➔Closed Loop Wallet
➔Unlimited ongoing upgrades and
enhancements
Convenience Fee, Paid by the
Parker
$0.25
Citation Issuance
System - OpsMan
Mobile
➔Dynamic LPN Lookups
➔Scofflaw Notifications
➔Electronic Chalking
Waived*
$1 per ticket issued
*Assumes Passport performs
delinquent revenue noticing
services outlined below
Digital Permitting ➔Digital Permitting Documentation Uploads
➔Digital Permitting Payment Portal
➔Digital Permitting Waitlist & Management
➔Digital Permitting Waitlist Management
➔Document Verification for Digital Permitting
➔Resident and Employee Digital Permitting
Monthly Fee
$500
(Includes up to 400 active
permits per month)
Additional Permits (401+)
$1.00/permit/month 1
Citation Payment
Portal - RMC Pay
➔Online Appeals
➔Online Payments
➔White Labeled Webpage
$3.00
convenience fee per ticket paid
(paid by violator)
Delinquency Notices ➔Automatic Notification Mailing
➔DMV Lookups
Fee per Letter Sent:
$1.50
Percentage of Delinquent Citation
Fees Collected:
30%
Back Office Access
- OpsMan
➔Real-time access to LPR Data
➔Access to 60+ reports
➔Ability to define users and roles
➔Unlimited access to training videos and FAQs
$500
Waived
Enforcement
Hardware
➔Zebra zq320 Bluetooth Printer
◆Charger
◆Battery
◆Shoulder Strap
◆1 Roll of Blank Paper
➔Samsung S7 or better
◆Rugged Phone Case
$600.00/
Per unit
Responsibility of the City
1 The Village can pass this fee along to the parker if the Village chooses
◆Phone Charger
◆Phone Screen Protector
➔
➔Mobile Data Plans
➔Paper 2
◆70 citations/roll
◆Minimum 100 roll order
Responsibility of the City
Custom
$8.00/roll
Optional Payment
Processing
➔ Gateway
➔ Merchant Processing / Secure Payment
Processing
$0.05/transaction
2.9% + $0.25/transaction
Mobile LPR
Hardware
(per vehicle)
➔Two Camera Genetec SharpX XGA System,
Cold Weather Model
➔10.1” Panasonic Rugged Tablet with GPS,
20GB of 4G LTE Data
➔In-vehicle mounting hardware
➔Optional keyboard
➔Optional Zebra 2” or 3” printer
➔One year warranty
$35,000.00
per unit
Mobile LPR
Enforcement
Hardware
Installation
➔Onsite Hardware Installation
➔Onsite Testing
$4,200.00
per unit
Warranty (Optional)
➔Advanced Replacement Warranty
➔Overnight shipment of new equipment
➔Covers LPR Hardware and embedded
software
➔First-year warranty included
1-YR Extended Warranty - Two
years total
$1,880.00
2-YR Extended Warranty - Three
years total
$3,520.00
4-YR Extended Warranty - Five years
total
$$5,710.00
per unit
In-Vehicle Tablet
Software
Subscription
➔In-vehicle Software
➔Data Exchange API’s
➔Unlimited ongoing upgrades and
enhancements
➔3 months of LPR data storage
$1,600.00
per unit per year
Implementation ➔Project Management
➔Integrations
➔Onsite and Remote Training
Included
API Library Access ➔Unlimited access to active integrations Included
2 This pricing is an estimate and will vary depending on the volume of paper purchased by the City
Client Technical
Support &
Maintenance
➔Unlimited hardware and software support by
email and phone
Included
1
AIRGARAGE SERVICES ORDER FORM
Customer: Contact:
Address: Phone:
E-Mail:
Services: AirGarage, Inc. (“AirGarage”) will provide website-based services for advertising and leasing the Customer’s
identified parking spaces (the “Service(s)”). AirGarage’s website allows the Customer to register parking spots, set
prices, and connect with drivers (“Drivers”). AirGarage will also provide the initial setup services as detailed in Exhibit
A, and the ongoing services as listed in Exhibit B. Except for the services described in Exhibits A and B, AirGarage is
not responsible for the maintenance and upkeep of Customer’s parking spots.
Services Fees: AirGarage will withhold 30% of Payments
made by Drivers for Customer’s parking spots. AirGarage
will transmit the remaining 70% to Customer.
Initial Service Term: The Services will begin on the
Effective Date and will continue for one year unless
terminated by either party upon fourteen (14) days’
written notice.
SERVICES AGREEMENT
This Services Agreement (“Agreement”) is entered into on this ____________________ (the “Effective Date”)
between AirGarage, Inc. with a place of business at 1112 Bryant Street, San Francisco, CA 94103 (“AirGarage”),
and the Customer listed above (“Customer”). This Agreement includes and incorporates the above Order Form, as
well as the attached Terms and Conditions and contains, among other things, war ranty disclaimers, liability
limitations, and use limitations.
AirGarage, Inc. Customer
By: By:
Name: Name:
Title: Title:
2
TERMS AND CONDITIONS
1. SERVICES AND SUPPORT
1.1 AirGarage is an online service that connects automobile
owners (“Drivers”) with parking spot owners (“Spot Owners”).
AirGarage does not own, create, sell, resell, provide, control, or
manage cars, parking spots, Drivers, or Spot Owners. When
Drivers and Spot Owners reach an agreement, they enter into a
contract directly with each other. AirGarage is not and does not
become a party to, or other participant in, the contractual
relationship between Drivers and Spot Owners, nor is AirGarage
a real estate broker or insurer.
1.2 Subject to the terms of this Agreement, AirGarage will
use commercially reasonable efforts to provide Customer the
Services. As part of the registration process, Customer will
identify an administrative user name and password for
Customer’s account with AirGarage. AirGarage reserves the
right to refuse registration of, or cancel, passwords it deems
inappropriate.
1.3 Subject to the terms hereof, AirGarage will provide
Customer with reasonable technical support services in
accordance with the terms set forth in Exhibit C.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse
engineer, decompile, disassemble or otherwise attempt to
discover the source code, object code, or underlying structure,
ideas, know-how, design, construction, or algorithms relevant to
the Services or any software, documentation, or data related to
the Services (“Software”); modify, translate, or create derivative
works based on the Services or any Software (except to the
extent expressly permitted by AirGarage or authorized within the
Services); use the Services or any Software for timesharing or
service bureau purposes or otherwise for the benefit of a third
party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
AirGarage’s then-current standard policies published on the
AirGarage website (https://airgara.ge/terms/) (the “Policy”) and
all applicable laws and regulations. Customer hereby agrees to
indemnify and hold harmless AirGarage against any damages,
losses, liabilities, settlements, and expenses (including without
limitation costs and attorneys’ fees) in connection with any claim
or action that arises from an alleged violation of the foregoing or
otherwise from Customer’s use of Services. Although AirGarage
has no obligation to monitor Customer’s use of the Services,
AirGarage may do so and may prohibit any use of the Services it
believes may be (or alleged to be) in violation of the foregoing.
2.3 Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to
connect to, access, or otherwise use the Services, including,
without limitation, modems, hardware, servers, software,
operating systems, networking, web servers and the like
(collectively, “Equipment”). Customer shall also be responsible
for maintaining the security of the Equipment, Customer’s
account, passwords (including but not limited to administrative
and user passwords) and files, and for all uses of Customer
account or the Equipment with or without Customer’s knowledge
or consent.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the “Receiving Party”) understands that the
other party (the “Disclosing Party”) has disclosed or may
disclose business, technical, or financial information that is
material to the Disclosing Party’s business (hereinafter referred
to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of AirGarage includes non-public
information regarding features, functionality, and performance of
the Services. Proprietary Information of Customer includes non-
public data provided by Customer to AirGarage to enable the
provision of the Services (“Customer Data”). The Receiving
Party agrees: (i) to take reasonable precautions to protect such
Proprietary Information, and (ii) not to use (except in
performance of the Services or as otherwise permitted herein) or
divulge to any third person any such Proprietary Information.
The Disclosing Party agrees that the foregoing shall not apply
with respect to any information after five (5) years following the
disclosure thereof or any information that the Receiving Party
can document (a) is or becomes generally available to the public,
(b) was in its possession or known by it prior to receipt from the
Disclosing Party, (c) was rightfully disclosed to it without
restriction by a third party, (d) was independently developed
without use of any Proprietary Information of the Disclosing
Party, or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title, and interest in and to
the Customer Data. AirGarage shall own and retain all right, title,
and interest in and to (a) the Services and Software, all
improvements, enhancements, or modifications thereto, (b) any
software, applications, inventions, or other technology developed
in connection with Services or support, and (c) all intellectual
property rights related to any of the foregoing.
3.3 Notwithstanding anything to the contrary, AirGarage
shall have the right to collect and analyze data and other
information relating to the provision, use, and performance of
various aspects of the Services and related systems and
technologies (including, without limitation, information
concerning Customer Data and data derived therefrom), and
AirGarage will be free (during and after the term hereof) to (i)
use such information and data to improve and enhance the
Services and for other development, diagnostic, and corrective
purposes in connection with the Services and other AirGarage
offerings, and (ii) disclose such data solely in aggregate or other
de-identified form in connection with its business. No rights or
licenses are granted except as expressly set forth herein.
3
4. PAYMENT OF FEES
4.1 Drivers will pay AirGarage the applicable price as listed
by AirGarage on its website for the use of designated parking
spots (the “Payment”). AirGarage will retain 30% percent of the
Payment for its Services. AirGarage will disburse the remainder
of the Payment (70%) to Customer.
4.2 AirGarage will disburse the owed amounts to Customer
by the fifth (5th) day of each month for all money accrued in the
previous month (the “Disbursement”). If Customer believes that
the Disbursement is incorrect, Customer must contact AirGarage
no later than 60 days after the Disbursement. Inquiries should be
directed to AirGarage’s customer support department.
4.3 AirGarage shall be responsible for ensuring the security,
privacy, and legal compliance of the Payments. Customer
assumes no responsibility for the Payments made by Drivers to
AirGarage.
5. TERM AND TERMINATION
5.1 This Agreement is for the Initial Service Term as
specified in the Order Form, and shall be automatically renewed
for additional periods of the same duration as the Initial Service
Term (collectively, the “Term”).
5.2 Both AirGarage and Customer can terminate this
Agreement for any cause upon fourteen (14) days’ written notice.
5.3 In addition to any other remedies it may have, either
party may also terminate this Agreement upon fourteen (14)
days’ written notice (or without notice in the case of
nonpayment), if the other party materially breaches any of the
terms or conditions of this Agreement. Customer will pay in full
for the Services up to and including the last day on which the
Services are provided. Upon any termination, AirGarage will
make all Customer Data available to Customer for electronic
retrieval for a period of thirty (30) days, but thereafter AirGarage
may, but is not obligated to, delete stored Customer Data. All
sections of this Agreement which by their nature should survive
termination will survive termination, including, without
limitation, accrued rights to payment, confidentiality obligations,
warranty disclaimers, and limitations of liability.
6. DISPUTE RESOLUTION
6.1 Any and all disputes arising out of this Agreement shall
be governed by California law.
6.2 In the event of a dispute, Customer and AirGarage shall
first convene to attempt to resolve the dispute through informal
meetings and discussions.
6.3 Any and all disputes arising out of this Agreement that
cannot be resolved by the parties through an informal meeting
process shall be resolved by binding arbitration. Arbitrations
shall be conducted by the American Arbitration Associatio n
(AAA) pursuant to its Consumer Arbitration Rules and shall take
place in San Francisco County, California.
6.4 In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs
and attorneys’ fees.
7. WARRANTY AND DISCLAIMER
AirGarage shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a
manner that minimizes errors and interruptions in the Services
and shall perform the Services in a professional and workmanlike
manner. Services may be temporarily unavailable for sched uled
maintenance or for unscheduled emergency maintenance, either
by AirGarage or by third-party providers, or because of other
causes beyond AirGarage’s reasonable control, but AirGarage
shall use reasonable efforts to provide advance notice in writing
or by e-mail of any scheduled service disruption. HOWEVER,
AIRGARAGE DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
SECTION, THE SERVICES ARE PROVIDED “AS IS” AND
AIRGARAGE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1 NOTWITHSTANDING ANYTHING TO THE
CONTRARY, AIRGARAGE AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT
AND TECHNOLOGY SUPPLIERS), DIRECTORS,
OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS, AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS
AND CONDITIONS RELATED THERETO UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OR CORRUPTION
OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND
AIRGARAGE’S REASONABLE CONTROL; OR (D) FOR
ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
FEES PAID BY CUSTOMER TO AIRGARAGE FOR THE
SERVICES UNDER THIS AGREEMENT IN THE 12
MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE
LIABILITY, IN EACH CASE, WHETHER OR NOT
AIRGARAGE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8.2 CUSTOMER ACKNOWLEDGES THAT
AIRGARAGE IS A SERVICE PROVIDER THAT CONNECTS
DRIVERS WITH CUSTOMER AS A SPOT OWNER AND
THAT AIRGARAGE ASSUMES NO RESPONSIBILTY FOR,
4
NOR LIABILITY FOR, ANY INTENTIONAL OR
UNINTENTIONAL DAMAGE CAUSED TO CUSTOMER BY
DRIVERS.
9. MISCELLANEOUS
9.1 This Agreement does not, and shall not be construed to,
create any partnership, joint venture, employer -employee,
agency, or franchisor-franchisee relationship between Customer
and AirGarage. Customer does not have authority of any kind to
bind AirGarage in any respect whatsoever.
9.2 The Services are non-exclusive; AirGarage retains the
right to enter agreements with other customers.
9.3 Customer warrants that it possesses the legal authority
to enter into a binding legal obligation and that Customer will
only use Services to make legitimate transactions with Drivers.
9.4 Customer warrants that all information Customer has
provided pursuant to this Agreement, and that Customer will
provide in the future to AirGarage for the rendering of services,
is true, accurate, current, and complete.
9.5 If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable. This Agreement is not assignable, transferable, or
sublicensable by Customer except with AirGarage’s prior written
consent. AirGarage may transfer and assign any of its rights and
obligations under this Agreement without consent. This
Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement.
All waivers and modifications must be in a writing signed by
both parties, except as otherwise provided herein. All notices
under this Agreement will be in writing and will be deemed to
have been duly given when received, if personally delivered;
when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; the day after it is sent, if sent for next day
delivery by recognized overnight delivery service; and upon
receipt, if sent by certified or registered mail, return receipt
requested.
5
EXHIBIT A
Setup Services
Preparation of physical signage for parking spots
Designation of parking spots for rent
Creation of parking spot listing on website
Customer training (as necessary)
6
EXHIBIT B
Ongoing Services
Advertise Customer’s parking
Provide an online dashboard for Customer to control the number of parking space s available for rent
Provide a system to allow Customer to register the vehicles of pre-approved
drivers that are not using AirGarage’s services
Enforce Customer’s parking spots for Driver non-payment
7
EXHIBIT C
Support Terms
AirGarage will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00
am through 5:00 pm Arizona time with the exclusion of Federal Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by calling 480-401-2401 or any time by emailing support@airgara.ge.
AirGarage will use commercially reasonable efforts to respond to all Helpdesk tickets within two (2) business days.
TO: Downtown Parking Commission
FROM: Bill Turnblad, Community Development Director
DATE: September 13, 2019
RE: Event at the Lora Hotel
Background
Zach Miller, Manager of the Lora Hotel, has submitted a request to reserve public parking spaces
for an event on Wednesday and Thursday, October 2-3, 2019. The event is a gathering of the
Twin Cities Chapter of the YPO, an organization of Presidents and CEOs for major companies in
the Twin Cities area.
The group will arrive by individual cars between 10 and 10:30 am on Wednesday morning.
They will depart on Thursday between 11 am and 1 pm.
Parking Reservation Request
The specific request is to reserve 10 parking spaces on Main Street (2 valet spaces are already
used exclusively by the Lora – making a total of 12 spaces available) for check-in between 10
am and noon on
October 2nd. And the
same number of
spaces between 11
am and 1 pm on
October 3rd. These
spaces and the
current valet spots
are identified in
yellow to the left.
In addition, since the
valet lot on the
Lora’s property only
has space for 22 cars,
and 40 YPO vehicles are expected, the Lora is requesting permission to reserve 20 parking
spaces in Municipal Lot 1 and/or Lot 15 from 10 am on October 2nd to 3 pm on October 3rd.
Ice Castle
Page 2
Comments
City policy is to discourage
reservation of parking spaces
on Main Street.
Cones and/or signage would
need to be placed early in the
morning on October 2nd.
If approved, the fee for the
requested spaces would be:
$10/space/day in Lot 1
$1.50/space/Wed in Lot 15
$3.00/space/Thurs in Lot 15
$9/space/day on Main Street
For example, if 20 spaces are reserved in Lot 15 and all 10 additional Main Street spots are
approved, for both days, then the cost would be a total of $270.
Commission Action
The Parking Commission is asked to review and make a decision on the request.
bt
TO: Downtown Parking Commission
FROM: Bill Turnblad, Community Development Director
DATE: September 13, 2019
RE: Ice Castle – Special Event parking lot reservation
Background
Amanda Roseth, Ice Castles, LLC has made application to locate their attraction in Downtown
Stillwater. The attraction was located here in 2017 and 2018 but in 2019 it was in Excelsior.
They would like to be back in Stillwater again this coming winter.
The venue would generally be in the same location as previously, but enlarged slightly
northward towards the amphitheater. The footprint of the Ice Castle can be seen below.
Municipal Parking Lot 5 is
requested to be reserved for
ticketing and serve as the
entrance/exit to the castle.
The castle is expected to draw
about 75,000 visitors.
The wood frame and water
pumping facilities would begin
construction on October 16,
2019. If weather is good through
November and December so that
ice freezes, the castle could open
to the public in later December.
Sometime in late February or
early March as the ice melts, it
would close to the public and
then melt away. By March 31,
again depending upon the
weather, the frame and ancillary
improvements could be removed.
Ice Castle
Page 2
Parking Lot Reservations
Based upon a March 31 clean up date, Lot 5 would be reserved for 168 days, 152 of which
would be off-season days. Since Lot 5 is east of the Downtown trail, it is by policy available for
special events.
The City’s 2019 fee schedule sets a price of $1.50 per space per day in Lot 5 during the off-
season and $3 per space on weekends during the high season. Since there are 7 spaces in the lot,
the fees would be as follows:
Off season = 152 days x $1.50 x 7 spaces $1,596
High season weekend = 8 days x $3 x 7 spaces $168
High season weekday = 8 days x $1.50 x 7 spaces $84
Total $1,848
Recommendation
Staff recommends approval with a fee of $1,848. The fee should be paid prior to closing down
Lot 5 on October 16th. After the ice castle melts and Lot 5 is cleaned up, the actual number of
reservation days would be calculated and a refund made or additional payment required.
attachments: Application form
bt