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INSURANCE NOT REQUIRED WORK MAY PROCEED E ah I CLERK OF COUNCIL Parka Criaa n OATP & -1 4 —/ y August 7, 2014 Attn: City of Santa Ana Re: Mobile Payment Pilot Program —City of Santa Ana Trial Dear City of Santa Ana/City Manager: N- 2014 -105 Thank you for choosing Parkmobile to help you evaluate mobile payment options in the City of Santa Ana. To facilitate this pilot effort, I have included for your review the business terms we intend to follow throughout the course of this trial program: • Term: The pilot program shall run for 6 months starting Augustly, 2014 and ending February 15, 2015. Parkmobile and the City agree to deactivate the services upon conclusion of the trial and evaluate future service options at that time. • Parking Rate(s): Parkmobile will configure our system to mirror your current rates in the pilot footprint. • Payment Processor: The parking revenue (above) coupled with the Service Fee (next line) will be collected by Parkmobile and Net Parking Revenues will be remitted to you on a monthly basis. Net Panting Revenues shall be defined as parking revenue generated by End Users less Service Fees charged by Parkmobile, merchant processing and gateway fees, bank transfer and other third party fees. • Service Fee: $0.30 per parking transaction to be collected by Parlmobile and will stay at $0.30 if the city chooses to enter into a longer agreement. There are no other fees charged to the city for the service from Parkmobile. • Zone Description: Zone delineations for the pilot program will be created. The zone numbers will be posted for use by the end -user when initiating a parking transaction. • Equipment provided by Parkmobile: None • Integration Requirements: None • Signage and Marketing: By Parkmobile • Disclaimer of Warranties: The services are provided "as is" and with all faults. City acknowledges and agrees that Parkmobile shall not be liable for any error, omission, defect, deficiency or nonconformity in the trial program or services. Without limiting the foregoing, client assumes all risks associated with the services. Other than as specifically set forth herein, neither of the parties makes any representations, warranties or guarantees, express or implied, directly or indirectly, including, without limitation, any warranty of condition, merchantability or fitness for a particular purpose or use, with respect to, arising out of or in connection with the services to be perfonned hereunder by such party or the results obtained thereby. Parkmobile USA, Inc. 3200 Cobb Galleria Parkway Suite 100 Atlanta, GA 30339