2023/2024 Drainage Maintenance District No. 2008-1 Page 2 The word “parcel,” for the purposes of this Report, refers to an individual property that is assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor-Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
As part of this District formation in Fiscal Year 2008/2009, the City conducted a property owner protest ballot proceeding for the levy of new assessments pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots were opened and tabulated to determine whether majority protest exists (ballots were weighted based on the calculated proportional assessment amount for each benefiting parcel). Tabulation of the ballots indicated that majority protest does not exist for the assessments and the assessment range formula presented and described herein, therefore City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments.
Each subsequent fiscal year, a Report is prepared and presented to the City Council describing any changes to the improvements, the services, the annual budget and assessments for that fiscal year, and the City Council holds a noticed public hearing regarding these matters prior to approving and ordering the levy of assessments.
II. PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
At the time of the preparation of this Report, the territory of the District is identified by the County of San Luis Obispo as assessor’s parcel number 009-750-074, which encompasses an area of approximately 2.5 acres. This parcel is currently identified by the County Assessor’s Office with one single-family residential unit on the property but is to be subdivided to include an additional three single-family residential properties (total of four parcels) as part of the planned PR03-0338 Subdivision.
The District is situated in the southeastern portion of the City of Paso Robles and is located on the north side of Ashwood Place:
• East of Beechwood Drive;
• West of Oriole Way;
• South of Larkfield Place; and
• Generally, north of Meadowlark Road.
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 3 B. DESCRIPTION OF IMPROVEMENTS AND SERVICES
The District funds the activities necessary to maintain and service specific drainage improvements associated with the properties in the District, namely the existing creek area associated with the PR03-0338 Subdivision. The creek area within the District is one segment of the overall drainage system, which provides storm water runoff control for the properties in the area including those within this District. This creek provides and controls the flow and drainage of excess irrigation water and storm water runoff from adjacent properties acting both as a channel way and biofilter. This drainage facility originates north of this planned development and the water flows across the territory of the District southward to adjacent properties and ultimately to a control basin east of Oriole Way. The maintenance and operation of these drainage improvements may include but are not limited to the materials, equipment, labor, and incidental expenses necessary to keep these improvements in satisfactory condition, ensuring the functionality of the improvements, but also the ecological and environmental integrity of the creek.
As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance, servicing and operation cost of drainage and flood control improvements. In addition to imposing a benefit assessment for the annual maintenance and operation of the improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities. While such activities are permitted under the 1982 Act and assessment revenues may be utilized for such activities, the budget and assessments for this District have been established to address annual maintenance and periodic repairs and services that are normally required to ensure the proper flow of storm water runoff as well as the ecological and environmental integrity of the drainage improvements. Since most major rehabilitation or reconstruction projects for such improvements would typically result from unforeseen damages or area flooding in excess of what is reasonably anticipated, the extent and cost of such projects are not easily predicted and it has been determined that it is not reasonable or appropriate to accumulate additional funds for such possibilities. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support such major rehabilitation or reconstruction projects.
The District budget and assessments identified in this Report are based on an estimate of the annual and periodic costs to service and maintain the creek area within the boundaries of the District as well as offsite areas immediately adjacent to the District that are necessary to ensure the proper flow of water and the ecological integrity of the drainage improvements within the District and determined to be of special benefit to the properties therein including but not limited to:
• Regular and periodic vegetation management within the overall drainage easement including but not limited to vegetation abatement, trimming, dethatching and vegetation replacement;
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 4 • Regular large debris removal and control within the creek to ensure proper water flow;
• Periodic desilting and/or small debris removal and control as needed to ensure proper water flow and minimize flooding;
• Vector control on an as needed basis to maintain the environmental and ecological balance within the creek easement;
The Office of Public Works shall determine the need and scheduling of the services and activities to be performed within the creek easement that are necessary to ensure the functionality and integrity of the drainage improvements as well as available funds to provide such services.
A diagram that identifies the general location of the drainage easement (improvement area) relative to the subdivision of properties within the District is provided on the following page. A more detailed description of the improvement area easement maintained through the District is contained in the development plans for the PR03-0338 Subdivision which is on file in the Office of Public Works and by reference is made part of this Report. These plans and specifications may be amended or modified from time to time to reflect the ultimate development of properties within the District or necessary to accommodate the proper flow and integrity of the improvements. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received from those various improvements.
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 5 Diagram of Drainage Easement:
The diagram below provides a visual perspective of the creek easement (drainage improvement area) within the boundaries of the District:
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 6 III. METHOD OF APPORTIONMENT
A. GENERAL
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as street lighting, streets, roads and highways. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”.
Furthermore:
“The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.
The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel.
B. BENEFIT ANALYSIS
As previously noted, the drainage improvements associated with this District are an integral part of a more comprehensive drainage and ecological system in the area and as such, any unnecessary modifications or alterations to that system may negatively impact not only the property within the District but may also impact surrounding properties or the drainage system itself. While this may initially suggest that there is some measurable benefit to the surrounding properties or to the public at large from the District improvements, the cost of which could be considered a general benefit and not assessed to properties in the District, any damages to other properties resulting from modifications of the existing drainage system or improper maintenance of those improvements would ultimately be the financial liability of the property owner(s) responsible for causing such damages.
In addition, the proper maintenance of the improvements and appurtenant facilities allows individual parcels to be developed and used to their fullest extent by Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 7 ensuring adequate drainage and proper control of excess water during periods of rain, which is essential to the use, preservation and protection of those properties.
Conversely, the absence of adequate maintenance and servicing of these improvements would eventually have a negative impact on these particular properties as well. Providing for the proper control, maintenance and operation of the drainage improvements within this District must therefore be an integral part of the planned PR03-0338 Subdivision. Based on these findings, it is apparent that the improvements, services and activities for this District are a special benefit to only those properties within this District and ultimately the financial responsibility of those properties.
While it is clear that the drainage improvements to be provided by this District are entirely for the special benefit of the lots and parcels of land therein and ultimately the financial obligation of those properties, it has been determined by the City and supported by a court order, that the proper and adequate maintenance of the creek area (drainage improvements) shall not be relegated to the individual property owners, but shall be provided by the City utilizing assessment revenues from those properties. This is consistent with similar assessments levied annually on other properties in the area through the City’s existing landscaping and lighting district.
C. ASSESSMENT METHODOLOGY
Pursuant to the provisions of the 1982 Act and Article XIIID Section 4 of the California Constitution, the costs associated with the improvements and services shall be fairly distributed among the parcels based upon benefit and each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed use of that parcel as compared to other properties within the District.
Equivalent Benefit Units:
The method of apportionment established for most maintenance assessment districts utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU). This method of apportioning special benefit and costs typically sets the single-family home or home-site as the basic unit of assessment. A singlefamily home is generally assigned one Equivalent Benefit Unit (EBU), with other land uses being assigned a weighted EBU based on an assessment formula that equates the property’s special benefits to that of the single-family home utilizing specific property characteristic comparisons. This proportional weighting may be based on several factors that may include, but are not limited to: the location of the property relative to the improvements, the type of development (land use), development-status (developed versus undeveloped), size of the property, densities or other property related factors including any development restrictions or limitations. Generally, for most districts the calculation of each parcel’s proportional special benefit can be reasonably determined by applying one or more of these factors.
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 8 While the Equivalent Benefit Unit method of apportioning special benefit is most commonly used for districts that have a wide range of land use classifications (residential and non-residential use), the use of this methodology is still applicable for this District even though it is comprised of only existing or planned residential properties. Although each of the residential lots within the District will not be directly adjacent to the creek easement, the ability to develop or subdivide the existing property to two or more individual lots is contingent on providing for the drainage improvements. Therefore, it has been determined that each residential lot will have similar and equal benefits from the improvements and shall be assigned one Equivalent Benefit Unit (1.00 EBU) each; and until the existing property is subdivided, the existing parcel shall be assigned a weighted equivalent benefit unit of 4.00 EBU (representing the four planned residential lots).
The maximum assessment rate per Equivalent Benefit Unit identified in the Budget section of this Report is based on an estimate of the annual expenses at full build out of the properties within the District per the development plans for the PR03- 0338 Subdivision (Four single-family residential properties — 4.00 EBU).
However, if the development of properties within the District is modified resulting in a change in the total number of residential units, the maximum assessment rate for the District shall be modified accordingly based on the budget presented herein and the total benefit units applied to properties in the District at build-out. Such a change shall not constitute an increased assessment.
Assessment Calculations:
The total number of Equivalent Benefit Units (EBU’s) for the District is the sum of all individual EBU's applied to parcels that receive special benefit from the improvements. As noted in the previous discussion the total Equivalent Benefit Units established for this District is 4.00 EBU based the development of the territory within the District (PR03-0338 Subdivision plans). An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of all parcels benefiting from the improvements.
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 9 Total Balance to Levy / Total EBU = Levy per EBU
This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements.
Levy per EBU x Parcel EBU = Parcel Levy Amount
D. ASSESSMENT RANGE FORMULA
While the budget and method of apportionment for this District establishes a maximum assessment for each lot/parcel within this District, these assessments reflect the proportional cost of providing the improvements in today’s dollars.
Clearly, these costs for service will inevitably be impacted by inflation in subsequent years. To ensure adequate funding is available in the future, an assessment range formula for inflation is included as part of the maximum assessment rate to be presented to the property owner(s) of record for approval.
The formula, as described herein provides for annual inflationary adjustment to the maximum assessments that may be imposed each year without requiring the extensive procedure and cost of balloting for normal operational cost increases.
The annual inflationary formula (assessment range formula) described herein should provide for modest increases to the assessment revenues to meet anticipated cost increases in labor and materials that result from normal inflationary factors.
Commencing in the second fiscal year (fiscal year 2009/2010), and each fiscal year thereafter, the maximum assessments and assessment rate established in the previous fiscal year shall be adjusted by the percentage change increase in the Consumer Price Index reported by the San Francisco/Oakland Urban Wage Earners and Clerical Workers (CPI).
The maximum assessment that may be levied in a fiscal year is increased annually by the following formula:
The CPI percentage change used each year shall be based on the annual percentage change for the preceding 12 months. For example, the annual inflation factor applied for fiscal year 2023/2024 is based on the annual percentage change from 2022 to 2023 utilizing the (February to February) CPI information and has been identified as 4.870%.
Although the Annual Inflation Adjustment will increase the maximum assessments and assessment rate allowed each year, the actual amount to be assessed shall be based on the annual budget and may be less than the maximum assessments allowed.
(Prior Year's Maximum Assessment x CPI)
Plus
Prior Year's Maximum Assessment
=
Current Year's New
Maximum Assessment
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 10 IV. DISTRICT BUDGETS
This section of the Report provides an estimate of the annual costs to be collected and deemed appropriate for the operation, maintenance and servicing of the improvements for the District.
BUDGET ITEMS Budget FY
2023/2024
DIRECT COSTS
Annual Creek Maintenance $258
Collection for Periodic Maintenance 65
Sub-total Maintenance Costs $323
ADMINISTRATION COSTS
Preparation of Annual Report & Resos $64
City Overhead 33
Total District Administration $97
County Administration Fee 2
Sub-total Administration Expenses $99
Total Direct and Admin. Costs $422
LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $0
Contributions from General Fund 0
Sub-total Levy Adjustments $0
Balance to Levy $422
DISTRICT STATISTICS
Total Parcels 1
Total Assessable Parcels 1
Total Equivalent Benefit Units 4
Proposed Levy per EBU $105.31
Maximum Rate per EBU $2,262.21
Note: Variance from budget due to rounding.
Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 11 V. DISTRICT DIAGRAMS
The following District Diagram identifies the area of land within the District, as the same existed at the time this Report was prepared is based on the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information. The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram. The maximum assessments and assessment range formula as described herein were presented to the property owner(s) of record in accordance with the provisions of the California Constitution.
Attachment 4
202
1/2022 Drainage Maintenance District No. 2008-1 Page 12 Attachment 4
2023/2024 Drainage Maintenance District No. 2008-1 Page 13 VI. ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein:
Assessor's
Parcel Land Use EBU Maximum Assessment
Number Assessment FY 2023/2024
009-750-074 Planned Residential Subdivision 4.00 $9,048.84 $421.24 Attachment 4
APN Situs Address EBU Charge Max Tax
009-750-074 2314 ASHWOOD PL 4.0 $421.24 $9,048.84
City of Paso Robles
Drainage Maintenance District No. 2008-1
Fiscal Year 2023/2024 Assessment Roll
(Sorted by APN)
Willdan Financial Services Page 1 of 1
Attachment 5
Council Agenda Report
From: Damian Nord, Police Chief
Subject: 90-Day Review of the Downtown On-Street Parking Program CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(3) and 15378.
Date: June 6, 2023
Facts
1. On January 31, 2023 and February 21, 2023, the City Council reviewed options to update the downtown on-street parking program, which included consideration of changes to the pay structure, discussions on a resident discount parking program, merchant validation program, and extension of the Cale/Flowbird parking mobile app contract. Based on action taken at the February meeting, the City Council approved the following and requested staff return in 90 days for a review of the program:
a. 90-day resident discount pilot program with 2 hours free followed by $2 per hour for all users. b. 90-day extension of the Flowbird contract to include mobile application and pay by text features in addition to ongoing hardware services.
c. 12-month pilot merchant validation program that provides downtown merchants the ability to prepurchase parking hours at a 50% discounted parking rate.
2. The pilot program was launched on March 1, 2023, providing customers three options to start or pay for parking: Flowbird mobile application, pay by text, or at one of the pay stations within the downtown area.
Temporary signs were posted on all paid parking signs with information on how to pay for parking.
3. During the months of March and April there were 100,046 total parking sessions, of which 88,897 were free parking sessions (less than two hours in session duration). This equates to approximately 89% of sessions being free. During the months of March and April there were 32,604 app or pay by text parking sessions (33% of total).
Community Outreach
In preparation for the changes to the parking program starting March 1, 2023, staff published a parking update flyer with frequently asked questions and how-to videos on how to use the Flowbird app and Pay by Text. All information on the parking changes was sent via social media, press releases, and posted on the City’s parking webpage. In addition, the Parking Ambassadors were on foot answering questions and explaining how to use the new features of the parking program. Staff provided a presentation on the changes at the City Council meeting on March 7, 2023.
Options
1. Take no action;
2. Maintain the changes to the parking program previously adopted by City Council on February 21, 2023 and authorize the City Manager to renew a contract for parking management services with Flowbird;
3. Direct staff to bring back options to modify the program to achieve cost neutrality;
4. Provide alternative direction to staff.
Analysis and Conclusions
On March 1, 2023, the Council acted to improve the City’s downtown parking program. Council action addressed concerns surrounding parking program revenue neutrality, consumer confusion and maintaining available parking at an 85% occupancy rate during peak days and hours. A majority of Council voted to:
Retain 2 free hours of initial parking.
Increase the hourly parking rate from $1 to $2 per hour. Authorized the implementation of the Flowbird parking management solution.
The Flowbird solution offers consumers the ability to pay for parking via a conveniently located kiosk, by text, or via a mobile phone application.
Since the program started in August of 2019, the program achieved several of the Council majority’s objectives:
Increased parking payment/registration options for consumers via multiple Flowbird technology solutions
Reduced consumer confusion through improved parking signage Marginally improved parking program revenue via an hourly parking rate increase Improved on-street parking availability at 85% occupancy rate during peak days and hours. Improved parking turnover and customer convenience for local businesses; and Limited employees from parking directly in front of local businesses for multiple hours.
The changes to the parking program have improved usability for the customer. The Flowbird mobile application and Pay by Text features provide convenience for users, while the pay stations offer those without cell phones or those that don’t want to use their cell phone an alternate option. Updated signs provide clear directions on how to pay for parking with a note that all drivers must start a parking session upon arrival with no exceptions for free parking.
The parking program has yet to achieve cost neutrality through permitting and/or increased hourly parking rates. The paid parking hours were expanded to include evenings and weekends on May 1, 2021. Between May 2021 and February 2023, the parking and permit revenue averaged approximately $13,900 per month. During the same period ongoing parking expenses averaged approximately $24,000 per month, which resulted in a net loss of approximately $10,100 per month.
The increased paid parking rate of $2 per hour, after the initial free 2 hours, increased the average paid and employee permit parking revenue during March and April 2023 to approximately $18,000. The monthly expenses increased with the implementation of the Flowbird mobile application and Pay by Text features. There is an added transaction fee of $0.25 for each paid parking session using the app or text feature and increased credit card processing fees. This resulted in an average monthly expense for March and April 2023 of approximately $32,650 resulting in an approximate net loss of $14,650 each month. Excluding citation fines, the current fee structure does not achieve cost neutrality.
Citation fines are a revenue stream accounted for in the downtown parking program and used for ongoing operations and repayment of a general fund loan. Reliance on citation revenue and an enforcement centric business model is not a best practice. Additionally, the intent of any parking program should be to achieve voluntary compliance, not enforcement.
Between May 2021 and February 2023, the City received an average of approximately $18,700 per month in net citation revenue. During the months of March and April 2023, Parking Ambassadors issued warnings rather than citations for all first-time violators. Warnings provided opportunities to educate consumers and encourage compliance after program changes. This approach resulted in 2,375 warnings and 474 citations.
The most recent addendum to the Flowbird contract expired May 22, 2023. Flowbird is aware of the Council’s pending action and has agreed to continue operations pending the Council’s decision to permanently adopt
changes. If a new contract addendum is not authorized, all services currently provided by Flowbird will be discontinued. This includes the Flowbird app, pay by text, all electronic permitting (senior permits, employee permits, etc.), and merchant validation.
If the Flowbird contract is not renewed the City will own all pay station hardware, but cloud software services to run the meters will no longer function and the kiosks will be inoperable. Therefore, staff is seeking authorization for the City Manager to sign the attached contract addendum and extend the contract to June 30, 2024, with automatic annual extensions until June 30, 2030, unless formally terminated.
Fiscal Impact
Financial projections estimate that, if no changes are made to the existing parking program, the program will continue to expend more than it receives. By offering 2 hours of free parking to consumers, the City will continue to subsidize the parking program through citation general fund revenue. Any future improvements to the Downtown parking program will require alternate funding sources.
Based on the billed amounts from April 2023, the total cost of the Cale/Flowbird contract is estimated at $120,000 per year. It should be noted that the actual amount of the contract fee is currently unknown as certain costs are based on the amount of parking sessions each year. For example, the contract includes merchant fees for all credit card transactions. The merchant fee is 30 cents plus 3% of the transaction amount. It is unknown how many credit card transactions there will be.
CEQA Determination
The City find that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(3) and 15378.
Recommendation (Option 2)
Maintain the changes to the parking program previously adopted by Council on February 21, 2023 and authorize the City Manager to renew a contract for parking management services with Flowbird.
Attachments
1. Flowbird Contract Addendum
Attachment 1
SECOND ADDENDUM TO THE CITY OF EL PASO DE ROBLES PROFESSIONAL
SERVICES AGREEMENT
THIS SECOND ADDENDUM is made and entered in on this 6th day of June 2023, by and between the City of El Paso de Robles, a California municipal corporation, (“City”), and CALE AMERICA, INC., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 13190 56th Ct. Ste 401, Clearwater, FL (“Consultant”), to amend the CITY OF EL PASO DE ROBLES PROFESSIONAL SERVICES AGREEMENT signed and executed by the parties on June 18, 2019.
WITNESSETH:
WHEREAS, the parties entered into a City of El Paso De Robles Professional Services Agreement on June 18, 2019, (hereinafter “Original Agreement”); and WHEREAS, work is still ongoing; and
WHEREAS, the Parties agree that the City requests Consultant be Merchant of Record for credit card transactions generated on the Cale America Multi-Space Kiosks; and WHEREAS, both parties to the Original Agreement desire to amend them to include additional professional services of similar scope to those described in the Original Agreement and include compensation for the additional services.
NOW, THEREFORE, in consideration of the mutual promises made herein and other valuable consideration, the parties hereto now amend the Original Agreement as follows:
1. AMENDMENTS:
1. Services. Consultant shall provide the City with the services described in and attached hereto as Exhibit A.
2. Compensation. The City shall pay for such services in accordance with the services provided set forth in Exhibit A.
3. Term. The term of the Original Agreement shall be extended to a termination date of June 30, 2024. On June 30, 2024, the Agreement shall be automatically renewed for the following twelve (12) month period upon the same terms and conditions unless (i) one Party gives written notice of the non-renewal to the other party or (ii) Cale America advises City of a price increase, at least sixty (60) calendar days prior to the end of the 12-month period with a final expiration date of June 30, 2030.
4. Merchant of Record.
i. Cale America will settle with the City for card transactions on a monthly basis on or before the 15th day of each month. The settlement will be for the cleared funds Cale America received for the transactions processed for the City since the prior settlement date. The settlement payments will be net of Cale America fees (under 2). The City will be liable for all refunds, chargebacks, fines and other amounts (such as issuer claims of
Attachment 1
fraudulent transactions or billing disputes) payable under card network rules.
ii. The City will pay Cale America a fee of 3% of each transaction plus a fee per transaction of $0.30 for its services related to the card transactions.
Such amount will be deducted from the monthly settlement. iii. The City will promptly review all statements from Cale America and the processor and will promptly notify Cale America of any errors. The City acknowledges that if it does not notify Cale America of an error on a statement within five (5) days, neither it nor the processor will be obligated to reimburse it for such error, and Cale America shall have no liability to the City for any such amount.
iv. The City will be responsible for responding to and resolving all cardholder billing inquiries and disputes related to card transactions, in each case in the time period required by the processor or card network in accordance with card network rules.
v. Cale America assumes no liability arising from a chargeback or reversal of a transaction as a result of the EMV “liability shift”, as provided under the card network rules.
vi. The card services will commence on <date> and remain in effect for a period of 36 months. However, Cale America may terminate the card services at any time due to (i) any failure of the City to perform its obligations, (ii) card network or processor complaints as to Cale America’s merchant of record status, (iii) unanticipated costs relating to Cale America’s merchant of record activities or, (iv) risks associated with such activities under applicable law or regulations.
vii. Upon the termination of the card services for any reason, the City shall remain liable for all costs and liabilities related to card transactions made prior to the termination.
2. OTHER TERMS: All other terms and conditions of the Original Agreement shall continue to apply.
3. ENTIRE AGREEMENT: This first Addendum is a written instrument pursuant to Section 24 of the Original Agreement between the parties and cannot be altered or amended except by written instrument, signed by all parties.
Attachment 1
IN WITNESS WEREOF the parties hereto have caused this Second Addendum to be executed the day and year first herein above written.
CITY OF EL PASO DE ROBLES
1000 Spring Street
Paso Robles, CA 93446
SERVICE PROVIDER:
Cale America, Inc.
13190 56th Ct, Ste 401
Clearwater, FL 33760
Attachment 1
EXHIBIT A
On Going Service
Product Name Quantity Unit Price Term Year
Flowbird Cloud hosted Backoffice
Includes: All Mode Configuration
Maintenance alarms alerts to cell phone
Reporting (standard)
Standard Credit Card Gateway
Cellular Communication Plan
24/7 Support 35 $648.00 Per Year $22,680.00
Flowbird Extended Warranty Program - PartSmart
Includes: The PartSmart program extends the manufacturing warranty after the initial warranty expires. 35 $360.00 Per Year $12,600.00 Flowbird Cloud hosted Permit System
Includes: Web Portal for end users,
Admin Console,
Reporting tools,
Enforcement integration 1 $12,000.00 Per Year
$0 (fee waived
per agreement)
On Going Service Total: $35,280.00
Optional - Products
Product Name Unit List Price Discount Price per unit
Optional Upgrade to 9.7” Screen EA $2,850.00 55% $1282.50 Box of 10 rolls of paper Box $295.00 10% $265.50
Optional - Digital Services
Product Name Unit List Price Paid by
PayByText Pre-paid session $0.25
Convenience fee to
end user *
ExtendByText Per Extension $0.25
Convenience fee to
end user *
Text Message Receipts Pre Text $0.03 Paid By City
Mobile App Pre-paid session $0.25
Convenience fee to
end user *
Merchant Validation System Per validation used $0.05 Paid By City Local Resident System Per validation used $0.05 Paid By City * Convenience fee will be paid by end user to the city and vendor will then invoice city based on number of transactions.
On-site Services
Product Name Unit Price
Preventive Maintenance (2 visits per year)
Package includes two scheduled on-site visits with
preventive maintenance service to all meters. Per meter and year $895.00
Attachment 1
Preventive Maintenance (4 visits per year)
Package includes four scheduled on-site visits with
preventive maintenance service to all meters.
Plan has 10% discount for field service calls. Per meter and year $1,295.00 FIELD SERVICE CALL - $135/hr - On-site meter maintenance by a Flowbird-certified technician. Travel time and approved travel costs, if any, will apply; 1-hour minimum local or 4-hour minimum if over 50 miles PROGRAMMING & CONFIGURATION SUPPORT - $350 per Person/PDR Set-up fee per rate or tariff for up to 4 hours of programming, testing and delivery for common meter parameter changes and customization, rate changes, display and/or receipt language changes, graphic design and UI changes, merchant account changes, WebOffice or Smartfolio configuration changes, report requests, and custom database queries. Also applies to Help Desk Service accounts, including ticket template changes, call script changes and retraining, mobile device/app support; An additional fee of $95/hr will be charged for hours in excess of 4 hours. Shipping costs for SD cards or SRAM service cards will apply if programming changes cannot be downloaded remotely.