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HomeMy WebLinkAboutCC Resolution 12984 (Citation Processing; Data Ticket)RESOLUTION NO. 12984 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH DATATICKET, INC. TO PROVIDE CITATION PROCESSING FOR PARKING SERVICES. WHEREAS, the City wishes to continue to contract out citation processing for the City's Parking Services; and WHEREAS, a request for proposals was distributed, proposals evaluated, and a preferred vendor chosen as a result of a competitive bidding process, and WHEREAS, the San Rafael Municipal Code, section 2.55.190, allows the City Council to authorize the City Manager to purchase equipment or services by use of competitive negotiation. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Council does hereby authorize the City Manager to execute the contract with DataTicket, Inc., substantially in the form attached hereto as "Exhibit A" and incorporated herein, pursuant to San Rafael Municipal Code Section 2.55.190. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21" day of June, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk /,;tI 13 + AGREEMENT FOR PARKING SERVICES CITATION PROCESSING (July 1, 2010 011-01.1gll JUric 30, 2015) This Agreement is made and entered into this 22nd day of June, 2010, by and between the CiTY OF SAN RAFAEL (hereinafter "CITY"), and DataTicket, Inc. (hercinatter "CONTRACTOR"). WHEREAS, The CiTY requires citation processing, along with appropriate tiupport to insure proper treatment of all citations 1sSUC(I for parking violations 1S5LIed "ithin city limits; W1 EREAS, the CONTRACTOR provides support for said citation processing; F1101 1114 01 u WIN, THEREFORE, the parties hereby agree m follows: PR0,1E-cr-COORDIN.AT10 . 1.1 CITY. The City Manage- shall be the representative of the CITY for all purposes under this Agreement. The Parking Services Manager, Vince Guarino, is hereby dcsi(=natcd the PROJECT MANAGFR for the CITY, and said PROJFCT MANAGER shall ,supervise all aspects of the progress and execution of this Agreement. 1.2 CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Brook Wcstcott is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within tcn (10) business days Of the substitution. 2. Dun i:s Of-' c N, mkcrOri. CONTRACTOR shall perform the (IUtIC4 and or provide services as follows: 2.1 RE.QL,IiifAlf '1'S CONTRACTOR .shall meet all requirements ofthe specifications set forth in the Rcqucst for Proposal and incorporated herein by reference, as well as all legislated mandates by the State of California. Califol-ilia Vchicle Code, and the City of Sail Rafael Municipal Code. CONTRACTOR shall have on-line computer interface with the California Department of Motor Vehicles that is able to obtain registered owner information and place and remox c registration holds. CONTRACTOR shall interface with the motor N Chicle departillents of all other states that Shall pi-owide rcoistercd owner in-lbi-mation to parking citation rilanagenluit contractors CONTRAC` -rOR shall be responsible lbr any and all fees associated with obtaining legistcred owner information fi-orn the California Department ol-Motor Vehicles, all([ the motor vehicle departments orothei, states. CONTRACTOR'S system shall bcablc to accommodate a illlllllllllnl of three (3) increases in Ices for delinquent citations to allow for administrative fees and costs. CONTRACTOR shall be able to identify and process partial payments. CONTRACTOR shall pro\ ide access to citation processing information by IIILIltipIC CITY workstations via the Internet Using a web browser, no additional software required. CONTRACTOR shall provide monthly reports in a PDF or Microsoft Excel i6rillat and have available for access over the Internet using a web browser. COWRALTO R shall provide the option to export these reports to Fxcel. CONI RACTOR shall also provide for Ad Hoc Reporting and exporting options. COWRACCO R shall provide training Ibr the CITY'S representati\ es in the operation for all sollware elements and cqLliplllCllt provided, InClUding, but [lot limited to, the Operation ol'thc soll"'aie all(-[ all remote ficatures. CONTRACTOR shall pi -Ovide on-going training using Real -tine I-CIllOtC SLIppOrt capability Litili/ing' CXIStIIlg Internet browser applications, SLIC11 as Internet Explorer. — Nc),rj(,I.'ruJ3-UGJN CONI RAC" TOR shall be able to assUrne complete responsibility Ibi- the parking citation management system no later than thirt\, days (30) after the ell'ective date (it this agreclucilt. 2.3 RR(,,3(T,SSlNG'I-1MFl INF 1311-TABLESI-RUEES CITY shall automatically ti'ansillit aLlt0i-natcd citations on a daily basis. CONTRAc rOR'S COIIII)LIter System ,hall accept and Update Citation database on a daily hasis, as inl6ri-nation is transmitted. CONTWALCIFOR shall he respom,ible for any and all formatting required to transmit data firom any automated citation writer CLIUipilICIlt, at no Lhar,,c. CONTRALTO R shall process (enter) all IflanUally Written citations \N Ithin twenty-1-bUr (24) to forty ci,,>ht (48) hLISiIICSS IIOLII-S of receipt. 1. CONTRACTOR Shall Illail LIC11111,11-101t parking \ iolation notices within t\A'Cllty-t%Vo (221) calendar days, mid no later than twenty -tight (28) calendar days after the (late of citation ISSLI,111CC, fir all CItItIOIIS liff WhiLll the CONTRACTOR has been able to obtain 1'e"'Istcred owner i111,01 -1 -nation. DelInCILICIlt notices shall be 1llaIlCd Oil a daily basis, excluding \\,cckClld Mailing dates. Notices Of dClinCILICIlt parking violation shall ilICILILIC (4) to six (6) lines Of CLIStOIll text for a special message If needed. CONTRACTOR shall 111,111 out Ot'StatC IlOtICCS Of (ICII11LILICilt pa! -king \ iolations within seven (7) working clays ofrcccipt of registered owner information fi-om other states CONTRACTOR shall attempt to place registration holds through the California Department of -'Motor Vehicles (DMV) using an on-line service ibr each citation. The CITY may authorize additional grace periods, if needed, which will automatically allow for additional payment processing time. Registration holds ,shall he placed through the DMV on a daily basis. These time schedules may change at the discretion ofthe CiTY. The CiTY reserves the right to change the time fi-ame for mailing notices of delinquent parking violation and for placing registration holds at anytime dill-illg the M-111 Of the agreement. CiTY shall give the CONTRACTOR a minimum of One (1) day prior notice. CON'T'RACTOR shall provide to the CITY monthly notification of all reported make mismatches and had address mail returns. Notice shall include citation number, license plate number with state, and error explanation. CONTRACTOR shall provide the CiTY monthly notification of all monies collected but not associated with a citation. These I onics shall be deposited in the account designated by the CiTY. 14 PROCESSING T'1%11d:i INFS NON-BI1..LAB1,1 SERVI"L'.FIS_ CONTRACTOR shall deliver all monthly reports in a PDF and Excel formats to be assessed over the Internet accessible through a web browser. Tills data should be available by the seventh (7`1') clay of the following month but shall not he later than the tenth (1011') clay dependent on the receipt of the DMV month end tile. CONTRACTOR shall respond by telephone, lax, cmall, or letter to any° inquiries and/or requests 1br special reports within forty-eight (48) hours. CONTRACTOR Shall notify the PROJECT MANAGER immediately of any change or 1111picniciltatioll Ofany ,Software changes or modifications that shall impact the administration of, or the availability of access to, the CiTY'S database of parking citation In formation. 2.5 C1LV1 ION 11AIA CONTRACTOR shall update citations daily. 2.6 DMV +1:'()'i�1.MI.'NICIVr 4N -S CONTRACTOR shall have the ability to make inquiry through on-line access to DMV. CONTRACTOR shall have the ability to place registration holds and releases on-line with DMV on a daily basis. The timetable to establish a registration hold at DMV shall be at the discretion of the CITY. CONTRACTOR shall notif and correct DN1V tiles if amount of 11cllalty on Hold at DMV has changed, without additional charges to the CITY. CiTY shall ha\ c access to DMS' for Registered Owncr incluily and \ erification and DP Permit ownership. 2.7 CA L ORNIA J'R ANCRLSE "I AX BOAM ('( LLECTION,S CONTRACTOR shall have the knowledge, experience, and ability to interface with the Franchise Tax Board (FTB) regarding all delinquent Citations sent for processing. 2.8 NOTICE. 01, DEI 1NC U1,N'l PARKI.NG V1(.)1.Al"1tM.].N Notices of`Dclinqucht Parking Violation shall be printed oil a laser printer. Notices shall not be generated on Snap -out norms or carbonless I11LIItlple-part paper stock. Notices shall be printed and {llailed out daily. Notices shall include all citation Information with the exception of any private oIT{Cer ``cornments" and shall have the citation IlUmber in a prominent, easy -to -.see area. Notices ol'delinquent parking violation shall include f01-11• (4) to six (6) lines of custom text for a special n-icssage iI heeded. Notices Shall give a telephone nUmber for Violation inquiries and fur credit card payments. Notices shall give a web address for violation inquiries and credit card payments. The Notices shall have a mailing address appearing throu`g,h a #10 winclow envelope. All notices and letters shall be formatted using Custom #10 window envelopes with a pl-intcd return address. CONTRACTOR shall provide the necessary (postage, correspondence, and ability to track forms to sleet all applicable State and local laws regarding citation processing and adjUdication. CITY Shall IproVldC all I11a11Ual and haildllCld Ci117pLIter Citation fo[ 111S, LIIllcSS otherwise agree([. CONTRACTOR shall generate I)C11l1gUCllt Notice forunpaid citations tVeellty- days after the issued (late Ot-'the violation; this date may, change as needed or directed by the CITY. CONTRACTOR shall mail non-SUITICient fund (NSF) letters to indit ideals inlillediately Upon notification fi-orl the CITY that a Cheek has not Cleared. The notices shall state tile aIllOU11t of the original (penalty, delilldue{lt amount, and the appropriate NSF check ice. CONTRACTOR shall mail Partial Payment Notices to those who do not pay the full tine and applicable penalty. 1`hc notice shall indicate the amount that was paid and the remainder that IS CILIC. 2.9 LAY _N'l PR tC °ESSI N('x All payments received by mail shall he processed by the CONTRACTORand deposited into an LICCOLInt established with the CITY'S hanklnl; lllstitUtioll. A full accounting, cit` such payments shall he made to the CITN' by the 7" ofcach month, no later than the Io", dependent oil the receipt of the DMV month end file. Records of daily deposits or let[` sty shall be mailable daily for research. Verification shall he made mailable to the CITN on a daily basis througll the Written Deposited report. The CITE" .shall pro\ ide a11V CLIStollliZCd dCpOSlt slips and CIl(IOI`SCI11CIlt Sta{llp It I'CC1Lllred by the CONTRACTOR. Deposits shall be dell\ crcd to the bank. by COL{I'ler, Ona daily basis. Payments ,shall be processed within twenty-four (24) hours Ofrcccipt. Payments shall be processed in-house using a real-time on-line paynlcnt processing capability. Payment data shall be verified against the citation record at the time of payment to insure that the payment is due and correct. If tile citation is already paid, CONTRACTOR shall deposit the payment and issue a refund at a later date ifneccssary. CONTRACTOR shall he able to distinguish problem citations that will allow for stop paynlcnt entry ifdirceted by the CITY. For example, the CiTY could enter a phone note that would direct the CONTRACTOR to return the un -cashed check (ifreccived) to the violator. This capacity shall be available within the payment process. CONTRACTOR and the CiTY'S Parking Services stan'shall post phone notes regarding NSF payments to alert all parties involved should the Parking Services Manager determine that said customer must prox,ide cash, money order, or cashier checks. Payments Shall be able to he processed in advance of the citation. In these cases, the data h•onl the citation shall he updated when it is available. Credit card payments shall he available by phone and by Internet. Internet access shall be available twenty-four (24) hours a clay, seven (7) days a week, year-round. Payments by credit card shall be immediately updated to the CITY'S database in real time. Do\N°n time shall be kept to a maximum of 10 hours per year. Payments shall be reconciled to moneys deposited to the hank. Moneys shall not be commingled with any other City funds. Payments shall be reconciled daily with hank deposits. Bank deposit information shall he automatically forwarded daily to the CiTY. Monthly reports shall provide reporting for all bank deposits made by date. CONTRACTOR shall provide a method for the CiTY to handle administrative fines for disabled parking violations as detailed in CVC 40236. 2.10 PAIMAi" i',r" `MFNT PRnCESS.LNG CONTRACTOR shall have a means by which partial payments can he identified and processed. CONTR,kCTOR shall provide the CITY with a report of partial payments on a monthly basis. in the event of partial payment, the CONTRACTOR shall send a notice of delinquent parking violation to the registered owner reflecting the balance due on the citation. CiTY shall compensate the CONTRACTOR for each notice for partial payment that is mailed, at the notice of delinquent parking violation rate specified. CONTRACTOR shall he able to place registration holds oil the unpaid balance, for citations that have not been paid in full. CONTRACTOR shall notify DMV ofany change in the bail amount of citations on hold. 2.11 CITAFION E Tf:MSIONS CITY shall have the ability to enter remotely a new paynlcnt due date. If necessary, the CITY may also notify the CONTRACTOR to extend the citation to a new due date. No further processing shall take place until this due date has expired. The process shall be in aUt011latic function that docs not require user interface to reactivate. 2.12 IJIO..Ni", NC1I:S CONTRACTOR shall keep phone notes, visible on the citation history screen, on all troubled calls for later reference and follow up by the CITY. Phone notes shall capture the date, operator, reason for call, and conlinelts. The system shall accommodate multiple notes for one citation. Conlnlents regarding compliments to or issues with the citation processing center shall also be captured. Phone notes shall be viewable by CITY staff. 2.13 RE'QU : T i FOR I IT-IAI,IAD1' IMI T -I ATIVE-R1 4'iE'S 0S:.Ilta..MUN4. S CONTRACTOR shall place all requests Ibr initial/administrative review on "administrative hold" prior to forwarding these requests for initial/administrative review to the CITY. Information in the appeal, including any detail provided by the customer, shall be included at the time the hold is placed. CONTRACTOR shall track each step of the initial/administrative red lew and hearing process. I Ile CITY shall forward any dispositions to the CONTRACTOR for processing. The CITY shall hay c the ability to enter Review/I Icaring intbrnlatiowdispositions on line ,'la the Intel-Ilet Using a wcb-based system. CONTRACTOR shall provide reason (codes) to select why a citation is upheld or dismissed. It these codes do not provide the level ofdetail required for the disposition letter, the CONTRACTOR shall provide the ability to establish (preset) custom language that would be inserted into the disposition letter if needed. CONTRACTOR .shall have the ability to generate disposition letters to provide the reason for the outcome oftlle reg iew or hearing. The letter would include the reason and custom tent that will provide the violator with specific information detailing the outeonle. This is a rcqulrcment based on AB 602, January 1, 2009. :2.14 211111_EVLL kPPEALS CONTRACTOR shall accept, with payment, requests fur 2"" level appeals. CONI R iCTOR shill a hedule each hearing, 111-0� iding to the adjudicator back up Into I-matlolltl)r the gl\ell citation (from the appellant and the CITY). CONTRACTOR shall send notltication o date and tinle to each person rCC►llestlllg a hearing. Procedure ter In- pci-son Hearings: CITY schedules a room in advance tore cry 3"1 Friday of the month fi-on1 12) Noon - 5 P.M. Once the room is scheduled, CONTR:®CTOR contacts and schedules the hearing oIflcer. I Ile hearing officer conducts the hearings, does any background investigation he may need, slakes his determinations and then cntcrs his judgments into the CONTRACTOR'S website. Procedure liar Written Hearings: CONTRACTOR collects any information provided by the appellant and the City. CONTRACTOR provides this material to the hearing officer. The officer reviews the material, makes judgments, and enters a decision on the CONTRACTOR'S web site on the same day as the in-person 1lcarings. Procedure for phone I Iearings: CONTRACTOR shall collect any information provided by the appellant and the CITY. On the date and time of the scheduled phone hearing„ the appellant calls a designated number that goes to CONTRACTOR'S Hearing Department. The Hcaring Department then links the call to a hearing officer. The hearing officer condUCtS the llcarings, including any background investigation needed, slakes a determination, and then enters the judgment into the CONTRACTOR'S website. 2.15 �LQIDING AND D'ISN11S-SING cLrA`1'I(.)NS. CITY reserves the sole authority and responsibility for voidingldismissing citations. The parking citation management system shall allow voided/dismissed citations to be entered by the CITI' via remote access using the Internet. Tile security clearance to void dismiss a citation shall be limited by password, as authori7cd by CITY representatives. Each transaction shall be able to be traced back to the designated person. All voids shall have the ability to have a reason code and comments that will assist the CiTY with later research. CONTRACTOR shall provide a monthly report of citations voided'di,smissed in the system, by Officer or user name and reason for the voided dismissed Citation. 2.16 S_Y'SJ FM R.FIPORT1NG CONTRACTOR shall provide reports with any and all information as requested by the CiTY. Reports shall be in PDF and Excel formats accessible \ is the Internet using a web - based system to access the monthly report. The reports are due by the 7'i' of the month, but no later than the 10"' calendar day of each month dependent on the receipt of the DMV month crld file.. CONTRACTOR shall keep the monthly reports available for a period not less than 24 months. Citation revenue; reported shall represent actual fines collected rather than the face value of citations. CONTIZ.XCTOR shall provide ad hoc reporting to the CiTY for CUSt011117Cd reporting. CONTRACTOR shall also provide exporting options for such reports. CONTRACTOR shall he responsible for correcting all system malfunctions and errors attributable to the CONTRACTOR at no cost to the CiTY. 2.17 REMDTE_/\CCF SS Remote access fol• multiple CITY workstations shall be available using a ,standard PC. No additional or special software shall need to be installed to the local workstations with the exception ofa web browser aril Adobe Reader. Access to the database shall be available over the Internet. Access to the data shall be accessible by citation number, vehicle license (lumber, name, or VIN and provide: • All citation information including the VIN, • Current status of the citation, • DMV inquiry date, hold, and release information and dates, • Delinquent notice information, registered owner, due date, mailing date, and make of vehicle as provided by DMV, • Administrative review, hearing Court appeals and dispositions information, • Payment information includes all dates and a117oLi11tS, • Registered owner information, Including the VIN and any additional names if previously awned and cited, • Phone notes and any other nates included in the database, • The number of citations for each registered owner, • Vehicic registration history. The CITY shall have the ability to enter remotely: • Voids with reason codes, and notes capability, • Dismissals with reason coda, and note capability, • Letter data and ability to add custom notes or edit reason contents, • Extension,; with extension (late and notes Capability. • Promissory notes with extension dates and Motes capability, • Review and Hearing updates, Including notes or Co111111CI1tS, • Review and Hearing dispositions, including notes of Comillents, • Citation data corrections, • Phone notes (to be Shared with the CIT1 and CONTRACTOR), • Citation data correction all fields, including but not limited to the date, ti111C, violations, location. • Paylllents, including Martial payments, NSF, and refunds, • Violation chan0cs. 2.18 V_L()1_AT0IZIN 1 IRY COM R:®CTOR ,hall be responsible for responding to all inquiries and initial C0111plaintS rCgarding the status or disposition of citations. \chicle registration, ctc. CONTRACTOR shall pro\ide a telephone number accessible in C'al►tornal, out ofstate, and out of country for citation inquiries. The ser\ice shall include customer ser\ ice in both English and Spanish. CONTRACTOR shall pro\'Idc Interactke real time \o1CC responsc for all inquiries CONTRACTOR shall provide the details ol'how the system functions and provide details oil instructions provided to the caller, such as: payment instructions, contesting and other information that is urliquc to the CITY. This feature shall be available in both English and Spanish and available 24/7. Operator assistance shall be provided during regular business hours, Monday through Friday, 8:00 A.M. to 5:00 P.M., chcluding holidays. Bi -lingual (Spanish and English) operator assistance shall be available. CONTRACTOR shall immediately refer unresolved complaints by documenting the problem in phone notes and asking the caller to call the CiTY'S Parking Services stag. CONTRACTOR shall prop idc a website for accepting payments. Payment options by credit card shall include; Visa, Master Card, American Express, and Discover Card. CONTRACTOR shall he a certified credit card processor, meeting the requirements of the Cardholder Inforillation Security Program (CISP) Compliance. A letter of PCi compliance shall be provided to the CITY'S Finance Departlncrit for auditing purposes. All credit card payments shall be posted to the system immediately, real time. CONTRACTOR shall provide how a "charge back" would be processed and charged. CONTRACTOR shall provide the option tier the CITY to link from the CiTY'S website to the CONTRACTOR'S website for citven payment options or appeal. CONTRACTOR shall also create a custom header on CONTRACTOR'S website to have the same look -feel as the CITY'S. 2.19 COR1 FUTIONS '10-0TADONS CONTRACTOR shall he willing to make corrections to citations and continue Processing the citation. This would include information like new registered owner information and processing like generating another dclinquclit notice. 2.20 SYSIFM SE "LLT1'AND 13,-' 'K-tJP PROV1SiON CONTRACTOR shall maintain parking citation ilianagenlent system database and physical system security in such a way as to provide complete confidentiality and protcctlon h'oni unwanted access. CONTRACTOR shall make multiple hack up tiles throughout the day. CONTRACTOR shall pro\ ide for the protection of the data in the event a recovery process is required. including a data backup and recovery plan and offsite data storage CONTRACTOR shall pro\ idc web security for access, reports, and credit card processing. 2.21 NOT11HICATION CONTRACTOR shall ininicdiately notify the CiTY'S PROJECT MAN AGER by telephone, email, in person, or by FAX of any prOMILlral problems that play occur. 22 PROCESSING IN.I URMAFIOl° CONTRACTOR shall be willing and able to provide: details on methods used to process citations, which include, but may not be limited to, citation collection, data entry, data validation, registered owner inquiry, notice of delinquent parking violation generation, DMV notification, citation disposition and customer SLlpport. ;YSTFM CONVEI SIO In the event that the CITY"S current citation data requires conversion, the system conversion shall include all data currently in process for the citation processing including but not linlited to: Open Citations — Minimum six years Closed Citations Minimum of 24 months history Contractor shall be responsible for conversion of any existing data and shall coordinate conversion with CITY'S prior contractor. CONTRACTOR shall identity the system that will be utiliicd for the parking citation management system, including hardware and software specifications. CONTRACTOR shall provide detailed conversion time -lines, including the IllillllllLlnl, maximum, and most likely conversion scenarios. CONTRACTOR shall implement the parking citation ilia] agcnlent system within thirty days (30) of"Notice to Begin" or receipt of existing database, or forCcit one -lime comu-sion charge. 2?4-C0N&P-ENSIMON A. Paymealt Struelure CONTRACTOR shall be compensated as pro\ ided in Section 4 ofthis Agreement. B. Out -o f -S t sal e Sita .Lions CONTRACTOR shall be responsible for all tics payable to other states that shall enable the processing of out-ot. State citations. City of San Rafael Citation Processing Notice Peilialty Tinting 2010 Day: 1 Day: 1 Day.. 3 Day 37: Day, 560 Day: 61 ?C @ `:ewl to ......... „ I a P"'° t 1h IIU9Gt''y' # I IP? G'IR?t sr .. Ipo, Pl=UII„'It �' rhr b —0.. V'la . �r, l frl;1 a +�1 NU pYi lit G,µtivlou ; + il4 U t1j '.„,U (P'PI +,t! California Citations Out -of -State & Business Citations Day: 63 Day: 64 Day: 64 Day: 64 Day: 64 I”"Il.aco: njent at I. utatln Is tulle(. w ¢a 'I I°.GC,tii:i= iF.:° u:: G'itatior? is rolled 'I --0� #2 p,"nl'd',''lold U.al'U::?i:u"isrqu::"Ytt j :Dnt toDeliwlquent : nt i'PU n 40 I:jr�w:,'j . 0^ w'4V + 41 o.lay;-",u ( U, G`+It +-41 V�ua��i+j (N1 +41 Day s) ;;"J a ,'11 F)a;'.'k _.__.,__ ................ _........._........................................ FTB PROCESSING . ..... Day: DMV Hold Day: Day: FTB ........................... Day: FTB Released + 30 Notice + 32 days Days FTB I'Aj hi aI- : Spl..i..E Sent d 3rd PARTY COLLECTIONS Day: Cite exceeds nay: Qa 3 yr date requirement F I 3. DIMES OE -CIT -Y. CITI' shall 11aV tl1C C0111pCI1Sat1011 aS pr0\'l(led Ul SeCtl(111 d. COM.Pi l-' \x S:'1TLON.. For the tilll perforlllancc ofthe serviccs described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 4.1 Processing Cost per Citation (Manual and Electronic) 5042 A per citation charge that 1l1CIU(IC'S: 0 Data entr)of all hand\\ rittell Citations • Electronic transfer of all electronic citations • Data Entry of all checks, money orders, credit card, and cash payments received via US Mail • Reconciliation of all credit card payments made via IVR and the Internet • Citation dispositions, including NSFS, credit card charge -backs, payment plan administration, etc. • User ID's & passwords for client access to the management website • Viewing & printing of citation management reports and citations at the City, 24/7 • Real-time access to the City's data, 24/7 • Rcal-time authorization and acceptance of citizen's credit/debit card payments • Web access fOr YOLII- Giti/CII'S to vic\&, appeal and pay citations • Processing all status changes to citation database • Online connection to California DMV for daily registered owner information files • roll -tree customci" Iniim-mation line providing general processing and adjudication information, 24/7 • Toll-fi-ee CLIsLomcr service department answering calls M -F, Sam 5pm, excl holidays • Call recording of all inbound calls that allows the City to receive recorded calls oil - demand • IVR and customer service (Icl)zll,tl-ncnt acceptance of credit and debit cards • Bonded courier- for daily bank deposits and Jbr mail pick Lill li-orn dedicated post office box • Compreliewi\ c monthly management reports oil issuance and revenue • Onlinc connection to CA DMV for registered owner information and daily hold and releasc" • Online connection to Florida, Ohio, Texas, Washington, Oregon, New York, Pennsylvania, New Jersey, & Maryland DMV's for registered owner information • Interlace with other DMV's nationwide for registered owner information \ is diskette, CD, etc. • Interface xN ith third party vendor 16r nationwide registered owner information • Initial and on-going training to all City personnel on the citation management system 4.2 Delinquent Notices, per notice $1.25 Sending a DMV Hold Notice • Send I DMV Hold Notice per citation at Notice #I + 64 Days • ITB Noticc to be sent at NO CHARGE • Pi,inting, i,c-printing, tracking, and postage 4,3 Other ('on-c,,pondcncc letters, partial payment letters, etc., per letter S 1.25 4.4 Payment processing, per payment S0.00 Data Ticket k\ ill not charge the City for payment processing 4-5 1 ' Lexcl Hearing Hold Placements, per instance SI.55 A per citation charge that include: • Placing caell citation on a review hold • Rendering and entering a rcvicw Iudglllellt • Mailing all rcvicw disposition letters • Sending all correspondence to the City for rc\ icw 4.62 liI Level Hearing Scheduling, per instance A per citation charge that includes: • Placing each citation an a hearing hold Scticduling each hearing • Sending a schedule letter to the appellant • Sending all correspondence to the Hearing Officer for rcvicw • Receiving all correspondence t1-om the Hearing Officer for storage 1�' 4.72 lit] Level I fearing Correspondence, per instance $0.70 A per citation charge that includes mailing all rcvicw disposition letters 4.8 Paymcnt Plan administrative fcc, per instance 50.00* An administration fee will be charged to the Citizen 4.9 DMV Hold Placements, per instance $0.00 4.10 Out of State Collections, per instance 2300 A percentage rate to be applied against any Out of state plate that is collected. Data Ticket will pay for all tees associated with obtaining a registered owner tdr all OLlt of state plate. 4.11 FTB Collections, per individual 4.12 Social Security Number Search Ibr FTB Processing, per individual 4.13 3"1 Party Collection, per cite collected 4.14 Conversion costs, if applicable 4.15 Additional Costs Hearing Of icer Costs. per hOL11- 1 Courtesy Notice, per instance *The Citizen will be charged a .S 15 Payment Plan setup fee *`This charge is a pCl- 1101.11' Char11C and 2 citations per hour are heard 1500 S'2.45 Woo NA S-5.00** 50.65 Payment will be made monthly upon receipt by and approval by the PROJEC r MANAGER of itelllizCd i1lVOices submitted by CONTRACTOR. Prices will renlaill the same for the life of the contract except with a written notice of fce change due to United States postal rate increases. 5. J.ERM 017 At RF—E11 T. 'File terin of this Agreement shall be for 5 years commencing on July 1, 2010 and ending Oil June 30, 2015. Upon IllUtUal agrWricllt Of the panics, Auld at the discretion of tile CITY MANAGER, the term Of this Agreement may be extended for all additional period of3 ycars. M 6.1 Disc retio aiy. Either- party may terminate this Agreement without cause Upon thirty (30) (lays written notice mailed or pci-sonally delivered to the other party. 6.2 Cause. Either party may terminate this Agreement lot• cause upon Ilffeen (15) days \\'rittcri notice mailed or personally dell\ ei'ed to the other party, and the notified party's failure to cure Or Correct the C,)USe Of the td-Illination, to the reasonable satisfaction Of the pcu•ty giving such notice, within such fifteen ( 15) day time period. 6.3 i<lmect of ilei -urination. 1 pon recelpt of notice Of termination, neither partyshall incur additional obligations under any provislon o1 this Agreement "ithOUt the prior written consent Of the Other. 6.4 Return of Documents. t ipon termination, any and all CITY documents or materials provided to CON AC I'011 and any and all of CONi CTOR's documents and materials prepared filr or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) (lays atter termination. 7 1 OWNL SI IIP 01-Dt2CUMI'-N I'S. The \\ ritten (IOCLIr11C11ts and materials prepared by the CONTRACTOR in connection with the I)CI.161•111ancc 0f its (ILItICs Undcr this Agrccrnclt shall be the sole property of CITY. CITY may use ,Ald propCrt� fol- all's' pLli-pose. 'including p1-0jccts not contemplated by this Agrcemalt. 8. IV.,,111 (..710-N -VNI) ,NI IIT. Upon reasonable notice, CONTRACTOR .~hall slake available to CITY, or its agent, for inspection and audit, all (IOCUrnents and materials maintained by CONTRACTOR in connection \\'Ith Its pert6rinaricc Of itS dUtiCS Under this AgrCCnicrit. CONTRACTOR shall fully cooperate \\ ith CITY Or its agCllt in X111\ 'AICIl audit or inspection. 9. ASSIGNABILLZY. 'File parties agree that they shall not assign or transfer any interest in this Agiverricilt nor the pertorillance of any of their respective obligations hereunder, without the prior writtcll consent lit the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall he void and ofno effect. I O. INSURANCE. 10.1 During the term of this Agrecment, CONTRACi'OR ,Shall maintain, at no expense to CITY, the f011o\\'Ing insurance policies: 10.1.1 A comprehensive general liability insurance policy in the minimum alllOUllt Of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 10. 1.2 An automobile liability (owned, non -Owned, and hired vehicles) insurance policy in the minimum amount of one million (S 1,000,000) dollars per occun-C11M 10.13 If any licensed professional pertorilis any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum all1011llt Of one million � 1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance Of sen ices under this Agreement. 10.2 The insurance coverage required of the CONTRACTOR by section 10.1 shall also meet the following rcqulrcinclits: 10.2.1 The insurance Shall be primary with respeet to any insurance or co\ erage maintained by CiTY and shall not call upon CiTY's insurance or elrerage for any contribution. 10.2.2 Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 10.2, i Except for professional liability il1SL1ral1CC, the insurance policies shall be specifically endorsed to include the CiTY, its officers, agents, employees, and volunteers, as additionally named insureds undcr the policies. 10.2.4 CONTRACTOR shall pro\ idc to CiTY'S Risk Manager, (a) Certificates of Insurance e\ldcncing the insurance covcragc required herein, and (b) specific endorscnlcnts naming CITY, its oHiccrs. agents, employees. and voluntcers, as additional ilallled illsllrels L111L1e1- the pOliCieS. 10.2.5 The insurance policies Shall pro\ Idc that the illSLlrance canter ,Shall ilot cancel. tcl ninatc or otherwise modify the teillls and conditions of said lllsllrallcc policies crccpt upon ten (10) days \\ 1 ittcn notice to CiTY"S Risk Ytanager. 10.2.6 1f the insurance Is \Vllttcil oil a Claims Made Forin. then, following ten -lunation o Ithis Agreement, sald insurance coverage shall survive lbi- a period of not less than live years. 10.2.7 11le insurance policies shall provide for a retroactive (late of placement coinciding with the e&ctivc (late ol'this Agreement. 10.2.8 1 he Insurance shall be approve([ as to f0rill and sufficiency by PROJECT MANAGER and the City Attorney. 10.3 If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and WgUlations, and as necessary to protect both CONTRACTOR wid CITY against all liability 1-br ill.iUries; to CONTRACI' OR's officers and employees. 10.4 Any deductibles or self insured retentions in CONTRACYOR's insurance I)OliCiCS shall be dcclarccl to in(] approved by the City's Risk Ma.nagcr and the City Attorney. At CITY's OI)t1011, the deductibles or SCU-111SUred retentions with respect to CV shall be reduced or eliminated to CIT 's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of lossc" and related investigations, claims administration, attorneys fees and defense expenses. . CON rRAC UOR shall inclemilify, release, def6nd and hold harmless CITY, its officers, agents, clllploces, dllld \ olunteers, against anN Clain, demand, SUit,.jUdgrncnt, loss, liability or exi)cllsc ot'ally kind, il1CIUdlll1-1Att0lllCy'S IeCS and administrative costs, arising out of resulting in any way. in whole or in part, fiom im; acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S olliccr,,, agents and employees in the perfornimce of their duties and obligations UlldCr this Agreement. l�� WIDUMMMUTSIMIMy CONTRACTOR shall not discriminate, in any my, against any person on the basis of age, 1� sex, race, color, religion, ancestry, national origin 01- disability in connection with or related tel the pci-lbi-mance of its duties and obligations Under this Agreement. �MOWIMMMMMGMMMINJIIUNUM CONTRACTOR shall obscr\c and comply with all applicable lWeral, state and local laws, ordinances, COLICS and regulations, In the pci-t6rillance of its dUtiCS alid obligations Under this A-1-cenlent. CONTRACTOR shall peff6rin all services Under this Agreement in accordance with these: laws, ordinances. codes and regulations. CONTRACTOR shall release, d&nd, indclI1114 and hold 11,11-111ICsS CITY, Its OtfiW-S, agents and employees fi-orn any a.nd all damages, liabilities, penalties, lines and all other conseqUOICCS Ii-orn any noncompliance or \ iolatioll orally I'm S, ordinances. Codes or regulations. I 14. N-0-1111-RDPAIM' RENBACMR11 S. CITY and CONTRACTOR do not intend, by ally pl'oVISIOII of this Agrccmcnt, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. N -011 -CES. All notices and Other communications required or perllitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall he deemed given as of the date of personal delivery, or if mailed, upon the date ofdcpo,sit with the U nitcd States Postal Service;. Notice shall be given as tbllows: TO CITY: Vince Guarino Project Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1.560 TO CONTRACTOR: Brook Wcstcott (Project Director) 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 16. LN1.Dl J'ENDF.NT CONTRACTOR, For the pu1110ses, and tier the duration, of this Agreement, CONTRACTOR, its officers, agents and cmployees shall act in the capacity of an independent Contractor, and not as employees of the CiTY. CONTRACTOR and CiTY expressly intend and agree that the status of CONTRACTOR, its otlicers, agents and employees be that of an lndcpcndcnt Contractor and not that of an employee of CITY. 17. tw' 1'll 1:-AGRf-"F.?v1FN'T -- A"� ENDMEN I'S. 17.1 The terns and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by rctcrence, represent the entire Agreement of the parties "ith respect to the subject matter of this Agreement. 17.2 This written Agreement shall supersede any and all prior agreements, oral or written. regarding the subicct matter between the CONTRACTOR and the CITY. 1'7 i No other agreement, promise or Statement, written or Oral, relating to the SUblcct matter ofthis Agreement, shall be valid or binding, except by way of a written amendment to this Agi-cemelt. 17.4 'nic terms and Conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 17.5 If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the te-n1s and conditions of this Agreement shall control. S. SEL`-OFF,At..ieMNST I) F BTS. CONTRACTOR agrees that CITY may deduct frons any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under Luny ordinance. agi-cciment, contract or resolution ibr any unpaid taxes, fees, licenses, assessments, unpaid clicks or other amounts. The waives- by either party ofany breach or violation of any term, co\ enant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant., condition, ordinance, law or regulation, or of any subsequent breach or violation of the sante or other term, cotenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any tee, perfbrimancc, or other consideration which play become due or owing under this Agreement, shall not be deened to be a tN aivcr of any preceding breach or violation by the otlle- party of any tem, condition, covenant of this Agreenwnt or any applicable law, ordinance or I-C"Lllatioil. 0. COSTS ,A N 1) M I ,f )RN LY'S, I'° I" F'S. The prevailing party in any action brought to crilbrce the terns and conditions of this Agreement, or arising out of the performance of this Agreement, may recover Its reasonable costs ( Including claims administration) and attorllcy's fees expended in connection with .such action. o the extent permitted by the Calitornia Public Records Act and other applicable law, CITY agrees that information contained in the 1%,latcrials and Systells marked by CONTRACTOR as "confidcntial"° or -proprietary" shall be retained by CITY in confidence Ind shall not be disclosed to the public. ??. LF-RFQR1'1,\;,M,,I. ROND CONTRACTOR shall provide the CITY \\ ith a Pcrfurmance Bond in the allll)Lillt of S 100,000, on a tilnn approved by the City Attorney, CXCCUtcd by a surety company authorircd to transact a surety business in the State ol-Caliliwnia. 23. APELLCARLE.1,/�W. The laws of the State of California shall govern this Agreement. N CnuC 161- any lawsuit to enforce the terms ofthi,s Agreement shall be in Marin County, California. IN WITNESS WHEREOF, the parties ha\c eXCCUtCd this Agrccmcnt as of the Clay, month and year first above written. CITY OF SAN RAFAEL kN.",RDHOFF, City M 1 °rcr ATTEST: �,�9�-g G - &;z-4 PI FSTHER C. BEIRNF, City Clcrk APPROVED AS TO FORM: ROBERT F. EPST EIN City Attomcy CONTRACTOR r'P Name: Title:,.0, Client#: 12154 DATTI ACORU. CERTIFICATE OF LIABILITY INSURANCE 6/17/ 010YYY) 06/17/2010 PRODUCER $300.000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook-Clevidence, Inc. (PERSONAL&AOVINJURY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 W. MacArthur Blvd., #320 S2,000.000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR $2,000.000 I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #0188788 Santa Ana, CA 92704 I INSURERS AFFORDING COVERAGE I NAIC # INSURED I INSURERA, Hartford Casualty Ins CO Data Ticket, Inc. dba: Revenue Experts INSURER B Granite State Insurance Co I 4600 Campus Drive #200 Newport Beach, CA 92660 INSURER C: INSURER D' I INSURER E - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR AUP'y LTR :NSRr1 TYPE OF INSURANCE POLICY NUMBER POLICY' EFFECTIVE NGLICY EXPIRATION I DATE (MMIOD/YY1 DATE (MMIDDIYYI LIMITS A GENERALUABIL17Y 72SBAIA9147 11/01/09 11/01/10 EACH OCCURRENCE 51,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR GENL AGGREGATE LIMIT APPLIES PER. POLICY n ;EG n LOC A AUTOMOBILE LIABILITY 72SBAIA9147 ANY AUTO ALL OWNED AUTOS _ SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO A EXCESSIUMBRELLA LIABILITY 72SBAIA9147 TOCCUR FICLAIMS MADE DEDUCTIBLE X RETENTION $ 10000 B WORKERS COMPENSATION AND WC009560474 EMPLOYERS' LIABILITY ANY PROPR ETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDE07 1( yes describe under SPECIAL PROVISIONS belcw OTHER 11/01/09 11101/10 11/01/09 11/01/10 07/12/09 07/12110 WE SO faENTEO n-1 $300.000 MED EXP (Any one person) 510.000 (PERSONAL&AOVINJURY $1,000,000 GENERAL AGGREGATE S2,000.000 (PRODUCTS - COMPIOPAGG � $2,000.000 I COMBINED SINGLE LIMIT (EP accident) j$1,000,000 BODILY INJURY 1$ (Par person) BODILY INJURY I S (Per ecudent) PROPERTY DAMAGE $ (Per accident) I AUTO ONLY - EA ACCIDENT IS OTHER THAN EAACC I5 AUTO ONLY. AGG IS EACH OCCURRENCE 151.000,000 IAGGREGATE 151.000.000 I Is I IS I IS X WC STATU- OTH- E.L. EACH ACCIDENT I S1,000,000 I E L. DISEASE- EA EMPLOYEEI 51,000,000 I E L. DISEASE • POLICY LIMIT 151,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder, Its' officers, directors, employees and volunteers are Included as additional Insured as respects to General Liability coverage as per the attached verbiage from the policy, as their Interest may appear. CERTIFICATE HOLDER City of San Rafael Parking Services Division 1400 Fifth Avenue San Rafael, CA 94901 ACORD 25 (2001/08) 1 of 2 #S17026/M17025 CANCELLATION '10 Days for Non-Pavment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL +.In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE SXL G ACORD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S17026/M17025 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES if listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organizatlon(s) shown in the Declarations, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown In the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Add'tional Page 18 of 24 Form SS 00 08 04 05