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HomeMy WebLinkAboutData Ticket, Inc. - Bails, Fines, Forfeiture, Illegal Parking, Citation - 2001AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DATA TICKET, INC. THIS AGREEMENT is entered into this 4th day of December, 2001, by and between the CITY OF NATIONAL CITY, a municipal corporation (the " CITY"), and DATA TICKET, INC. (the " CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a parking management and adjudication system and handheld ticket writers. WHEREAS, the CITY has determined that the CONTRACTOR is a provider of such services and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alison Hunter hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to Revised 52000 provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Marjorie Fleming thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit B shall not exceed the schedule given in Exhibit B (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. "Purposely left blank" 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the 2 Revised 5/2001 CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmaental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 3 Revised 5/2001 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement; except as to any claim, liability or damages arising out of the City's sole negligence, gross negligence or willful misconduct. 4 Revised 5/2001 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 17 A. If checked, Professional Liability Insurance (errors and omissions) with eg4,/nimum limits of $1,000,000 per occurrence. y`''oe B. Automobile insurance covering all bodily injury and property damage Fiem°; incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 '9 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to 5 Revised 52000 treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and 6 Revised 5/2001 be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Marjorie Fleming Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 7 Revised 5/2001 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 Revised 5/2001 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY George H. Waters, Mayor APPROVED AS TO FORM: //0 guy. George H. Eiser, III City Attorney DATA TICKET, INC. (Two signatures required) By: (Title) By: (`r"tr (Name) 9 Revised 5/2001 Exhibit A Scope of Service and Performance These services are provided by: MSB/Data Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (hereinafter sometimes referred to as "COMPANY") FOR: THE CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 92050 (hereinafter sometimes referred to as "PUBLIC ENTITY"). MSB/Data Ticket intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from PUBLIC ENTITY. COMPANY will provide a reconciliation of the number of citations received from PUBLIC ENTITY. 1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by PUBLIC ENTITY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to PUBLIC ENTITY within seven (7) days of receipt, by COMPANY'S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the PUBLIC ENTITY as unprocessable. 1.3 Collection and deposit of funds: A "direct deposit" system shall be employed for all funds received in payment of citations. The PUBLIC ENTITY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting PUBLIC ENTITY. The COMPANY will invoice the PUBLIC ENTITY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 12% (or lower if any statutes, rules or regulations prohibit this rate). 1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts to obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles (DMV) and DMV'S nationwide, for each vehicle for which a parking citation has been issued, but payment has not been received within the required time period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the California Vehicle Code and DMV'S nationwide, when identifying registered vehicle owners. 1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases. 1.6 Delinquency Notices: In accordance with State law COMPANY will generate and mail (presorted, first-class postage) no sooner than twenty-one (21) days of the citation issuance date, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the California Vehicle Code, including, but not limited to, the following: A. The parking citation issuance date and number; B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the impositi:;r-, of penalties, towing, or issuance of a possible warrant for their arrest; and C. The amount of fines and fees due and payable D. Affidavit of Non -Ownership 1.7 Registration Holds: The COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. The notification will be given within a. reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state law. 1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the hearing administrator within the prescribed time period so that the matter can be adjudicated. (CVC 40200.7 & 40215) 1.10 Administrative Review and Hearing: The COMPANY will schedule administrative reviews and hearings to respond to parking violators wishing to contest their citations, and offers the option to hold and administer those reviews and hearings. The COMPANY will provide a toll -free 800 number for contestants to call, correspond with contestants and may notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as required. The COMPANY shall not be responsible for the PUBLIC ENTITY'S failure to provide correct or timely infraction information. The PUBLIC ENTITY shall be responsible to pay the $25.00 court filing fee, if the Review and Administrative Hearing decisions are overturned by the Court. 1.11 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/court action. Parking citations which are dismissed as a result of hearing/court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing/Court. 1.12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the PUBLIC ENTITY. COMPANY will promptly return any citation or facsimile properly requested by the PUBLIC ENTITY. COMPANY will maintain records indicating any suspension of citation as a result of PUBLIC ENTITY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the PUBLIC ENTITY 1.13 Payments by U.S. Mail: The postmark date will be the criteria to establish any delinquent fees due. 1.14 Parking Citation System Master File Update: COMPANY will regularly update the parking citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for at least two (2) years, for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices -of -Intent). "Partial Payments" are citations paid after the due date, or if the defendant has paid less than the amount of bail due. A Notice -of -Intent, or a postcard will advise defendant of late charges and/or incorrect bail. In such cases, COMPANY, in its discretion, may return the original check to the sender. "Court/Hearing Requests" are all requests for administrative/court hearings by defendants. These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow-up. 2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of two (2) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments. Using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in triplicate, allowing one (1) copy for the PUBLIC ENTITY and one (1) copy for the COMPANY. All deposits shall be directly deposited into the PUBLIC ENTITY'S designated bank account. PUBLIC ENTITY will supply deposit slips and endorsement stamp to COMPANY. COMPANY shall only have the capability to make deposits on behalf of the PUBLIC ENTITY. 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the PUBLIC ENTITY'S responsibility to the County for the Jail and Court fund as required by Sections 40200.3 (a) of the California Vehicle Code. ARTICLE III - GENERAL 3.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non -judicial nature. Inquiries of a judicial nature will be referred to the PUBLIC ENTITY for determination. 3.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without PUBLIC ENTITY'S prior approval. 3.3 Use of Approved Forms: PUBLIC ENTITY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law. 3.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the PUBLIC ENTITY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by PUBLIC ENTITY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. 3.5 Ownership: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY or its subcontractor (collectively the "Materials") are and shall remain exclusively the sole property of COMPANY, and the PUBLIC ENTITY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the PUBLIC ENTITY shall acquire no right or title to said Systems. 3.6 Property of PUBLIC ENTITY: All documents, records and tapes supplied by PUBLIC ENTITY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of PUBLIC ENTITY. COMPANY agrees to return same promptly to PUBLIC ENTITY no later than forty-five (45) days following notice to the COMPANY. The PUBLIC ENTITY shall make arrangements with COMPANY for the transmission of such data to the PUBLIC ENTITY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY'S computer facilities to PUBLIC ENTITY'S designated point of delivery, plus any open invoices. 3.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the PUBLIC ENTITY'S employees information contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The PUBLIC ENTITY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the PUBLIC ENTITY by COMPANY shall be retained by PUBLIC ENTITY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 3.8 hereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA which is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 3.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of PUBLIC ENTITY other than individuals or organization who are reasonable necessary to properly effectuate the terms and conditions of this agreement. This Non -Disclosure obligation, shall survive the Termination of this Agreement. 3.9 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 3.10 Storage for PUBLIC ENTITY: A. COMPANY agrees to store original citations for three (3) years, at which time they will be returned to PUBLIC ENTITY. COMPANY will have such information available on system or magnetic tape data for PUBLIC ENTITY'S parking citations for a reasonable time period to permit PUBLIC ENTITY retrieval of such information. PUBLIC ENTITY relieves COMPANY of all liability costs associated with data released by PUBLIC ENTITY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return hard copy to the PUBLIC ENTITY. If requested, a magnetic tape of its processed data will be provided for a fee of seventy-five Dollars ($75.00) per magnetic tape. ARTICLE IV - CONTRACT PRICE 4.1 Basis for Fee Structure: The fee structure hereinafter provided shall be based on the combined parking citation volume. 4.2 Basis of Fee Computation: The fee due and payable to COMPANY will be computed on a per parking citation basis and will be based on the issuance date of the citation. Each parking citation assigned to COMPANY for processing shall be utilized in computing the base for the total fee. Once the initial fee has been charged for a parking citation, no additional costs can be charged by COMPANY to pursue collection except as defined in Article III, Section 3.10b; Article IV, Section 4.4 and 4.5, of this Agreement. 4.3 Rate: Please see Exhibit B for costs. AB 408 OPTION: ALL SERVICES PROVIDED BY MSB/DATA TICKET, INC: If this option is selected, the fee of for the term of this Agreement is for scheduling Administrative Reviews, Administrative Hearings and Court appearances and notifying PUBLIC ENTITY contestants by phone and in writing. The fee for hearings is: per hour. The PUBLIC ENTITY shall be responsible to pay the $25.00 Court filing fee, if the review and administrative hearing decisions are overturned by the Court. Please see Fee Schedule for costs. 4.4 Other Fees: COMPANY shall retain percent ( %) of payments for delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria: A. Delinquent citations; those for which the California State Department of Motor Vehicles has dropped the registration hold because of a transfer of ownership or non -renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete. B. Citations with out-of-state license plates. C. Any other problem or special citations which PUBLIC ENTITY so designates and refers to COMPANY under this Agreement. 4.5 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase takes place. ARTICLE V - REPORTS 5.1 Periodic Reports: COMPANY will submit reports to PUBLIC ENTITY the month following the month in which activity is being reported. The reports will provide activities relating to performance under this Agreement. Among the reports which COMPANY may/will generate are the following: A. Report of Revenue Collected for Period B. Report for Parking Citations Issued for Period C. A balanced summary report for issuing PUBLIC ENTITY providing the status of all parking citations at the beginning of the period, current period activity, and at the end of the period. D. A report for issuing Agency identifying registered vehicle owners with five (5) or more outstanding parking citations. E. A report for issuing Agency identifying the parking citations issued, location, violation by each officer. 5.2 Annual Reports: Annually, COMPANY shall comply with CVC 40200.3 (b) 5.3 Microfiche: At PUBLIC ENTITY'S sole cost and expense, COMPANY will provide all available reports on microfiche, if PUBLIC ENTITY so requests in writing. ARTICLE VI - TERM OF CONTRACT AND ADDITIONAL SERVICES 6.1 Term and Renewals: This Agreement shall be for an initial period of one (1) year commencing as of the last date of signature. Unless notice of termination is made in writing by either party to the other no less than sixty (60) days prior to the end of the 6.1 scheduled term, this Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with this automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The PUBLIC ENTITY has thirty days to respond in writing to the purposed increase. Unless PUBLIC ENTITY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the PUBLIC ENTITY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 6.2 Cancellation: INTENTIONALLY LEFT BLANK. 6.3 Exclusivity: PUBLIC ENTITY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations referred to above. PUBLIC ENTITY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement. ARTICLE VII - CLAIMS AND ACTIONS 7.1 PUBLIC ENTITY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the PUBLIC ENTITY, in writing, within five (5) days, of said claim or action. ARTICLE VIII - SUBCONTRACTORS AND ASSIGNMENTS 8.1 Subcontracting: COMPANY is authorized to engage subcontracts, as permitted by law at COMPANY'S own expense, subcontracts shall be deemed agents of COMPANY. 8.2 Assignments: This contract may not be assigned without the prior written consent of the PUBLIC ENTITY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this agreement. Exhibit B TICKET WIZARD/WIZARD WRITE 5000 City of National City Price Per Handheld ITEM COST Palm Vx, base station, pwr cords O'Neil Printer, power cable Software Total cost per unit $1,699 $799 $2,498 Price per Install ITEM COST Installation and Training - Includes 4 days of on -site training & support. (Travel & Expenses to be invoiced at actual cost) Ticket Stock, 18,000 tkts, Hi -Temp stock Envelopes, 18,000 #7, printed both sides Total cost per unit 999 2399 599 $3,997 Recurring Costs ITEM COST Support Contract: Replace HH unit in 24 hours, 8-5 phone support M-F; per unit, per month Online Inquiry: Up to six employee log-ons per month $50 $50 Accessories ITEM COST Aluminum cover Soft leather case Palm serial cable Palm holster $99 $49 $39 $39 NATIONAL CITY FEE SCHEDULE - Exhibit B Description Proposed Fee Fee for processing & collecting electronic citations Fee for processing & collecting manually entered citations $1.05 per cite 1.25 per cite Fee for each paid out-of-state citation 30% of collected revenue ($300.00 Monthly Minimum applies if basic charges are less than that amount). Specified services and material covered by the Fee for both in -state and out-of-state citations shall include: • Data entry of handwritten citations and entry of electronically transferred citations • Processing and collection of payments • On -Line connection to California DMV • Interface with DMV's nationwide for registered owner information • All forms and tracking • Correspondence tracking and response • First Notice • DMV H and Releases Processed • 800 line voice mail information 24 hours per day, 7 days per week • 800 line customer service answered by customer service representative • Deposits • Bank reconciliation • Monthly management reports on issuance and revenue Correspondence: Scheduling of Review, Hearing and Court Appearance In -person Hearing and Toll -Free Hearing Appointments (4 hour minimum per visit) $ 0.00 per letter $ 0.35 per cite $35.00 per hour Optional: Fee for Company Credit Card Usage $ 3.00 per usage Optional: Fee for Delinquent Collection Notices 35% of collected NationalCity01.FeeSchedule.doc RESOLUTION NO. 2001 186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DATA TICKET, INC., FOR THE PROCESSING OF BAILS, FINES AND FORFEITURES THEREOF IN CONNECTION WITH THE ISSUANCE OF CITATIONS FOR ILLEGAL PARKING PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, the City desires to employ a consultant to provide a parking management and adjudication system and handheld ticket writers; and WHEREAS, it has been determined that Data Tickets, Inc., is a provider of such services and is qualified by experience and ability to perform the services desired by the City, and Data Tickets, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor to execute an Agreement with Data Tickets, Inc., for the processing of bails, fines and forfeitures thereof in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of December, 2001. ATTEST: f j �r/L/' NAY /9 Mich el Dalla, City lerk APPROVED AS TO FORM: /e) ga,„z George H. Eiser, HI City Attorney VIM George H. Waters, Mayor Passed and adopted by the Council of the City of National City, California, on December 4, 2001, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Ae Cit Clerk of the Cit of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2001-186 of the City of National City, California, passed and adopted by the Council of said City on December 4, 2001. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 C Zook - S8� AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION APPROVING CONTRACT WITH DATA TICKET, INC., FOR THE PROCESSING OF BAILS, FINES AND FORFEITURES THEREOF IN CONNECTION WITH THE ISSUANCE OF CITATIONS FORE ILLEGAL PARKING PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACTS. PREPARED BY Alison Hunter EXPLANATION Please see attached. DEPARTMENT Finance Environmental Review N/A Financial Statement Costs to be paid from parking citation revenues. Approved By: % Finance Directo Account No. STAFF RECOMMENDATION We recommend that the Council authorize the Mayor to execute the agreement with Data Ticket. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution. 2. Agreement. Resolution No. 2001-186 A-200 (9/99) Explanation: We would like to enter into an Agreement with DataTicket, Inc. for our new ticketing process to include the processing of bails, fines and forteitures in connection with the issuance of parking citations for illegal parking. We will no longer need a staff person to maintain Spectrum software or process Administrative Reviews. Staff will no longer receive phone inquiries or walk-in customers. Data Ticket, Inc. will handle everything related to the administration of the ticket process. DataTicket, Inc.'s phone number, address and website will be printed on all tickets. The Finance Department and clients will have access to ticket information on the web. Since we will be uploading ticket information directly to Data Ticket, Inc., they are going to reduce our per item process fee from $1.25 to $1.05. The only other new service I am proposing is the processing of Administrative Review Applications. Data Ticket, Inc. will charge .35 cents per item. Other than the attached start-up costs, the only additional cost we will incur is a monthly service fee of $50. The services Data Ticket, Inc. will be providing include: Parking Citation Processing Services: Daily processing and collections. This is the service they currently provide. Revenue Recovery: Delinquent processing and collections. This is a service they currently provide. Equipment: Palm Pilot Ticket Writers and Printers. Internet Service: Individuals will be able to look up ticket and payment information on the web. Code Enforcement: No need for National City to handle phone inquiries. No need for the City to spend time on data entry and tracking. AB408 Adjudication: Any violator wishing to contest a parking cite will call a Toll Free 800 number. The violator will be scheduled for an Administrative Review. Currently, we accept these forms and send to the Police Department. They are often not processed timely, they stack -up at PD or on a Patrol Officer's desk. Data Ticket, Inc. will handle the Administrative Review and Hearing, if any. • Page 1 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 17, 2001 Ms. Marjorie Fleming Data Ticket Inc 4600 Campus Drive Suite 200 Newport Beach CA 92660 Dear Ms. Fleming, On December 4, 2001, Resolution No. 2001-186 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement with Data Ticket, Inc. for the processing of bails, fines and forfeitures thereof in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, N � Michael R. Da la, CMC City Clerk MRD/mla Enclosure cc: Finance File No. C2001-58 ® Recycled Paper