HomeMy WebLinkAboutCC Resolution 12181 (Parking Citation Services)RESOLUTION NO. 12181
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
TO RENEW A CONTRACT FOR PARKING CITATION SERVICES FOR
UP TO ONE YEAR WITH MSB/DATA TICKET, INC.
WHEREAS, the City's Parking Services Division issues around 40,000 parking
citations per year, and
WHEREAS, providing accurate and consistent revenue collection is essential
to the operating budget for the Parking Services Divisions, and
WHEREAS, the City of San Rafael, along with many other mid size cities, has
determined that the processing collection of parking citations through a third party
agency provides satisfactory service and is more cost effective than direct provision of
these services
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The City Council hereby approves a one year extension of the current
agreement with MSB/DataTicket, Inc.
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City
of San Rafael, a proposal with MSB/Data Ticket, Inc., a copy of which is hereby
attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, 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 Tuesday, the 16th day of January, 2007
by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
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JEJNE M. LEONCINI, City Clerk
AGREEMENT
FOR: PROCESSING PARKING CITATIONS
This Agreement is made and entered into this 1St day of January, 2007, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and MSB/DATA TICKET INC., A CALIFORNIA
CORPORATION (hereinafter "CONTRACTOR").
1. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The Parking Services Manager, Mark Miller, is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Mariorie Fleminq 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 ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in
Exhibit " MSB -A " and attached and incorporated herein.
3. DUTIES OF CITY
CITY shall cooperate with CONTRACTOR in his performance under this
agreement and shall compensate CONTRACTOR as provided herein.
4. COMPENSATION
For the full performance of the services described herein by CONTRACTOR, CITY
shall pay CONTRACTOR at the rates identified in the CONTRACTOR's response to the CITY's
request for proposal, and as identified in Exhibit "MSB -A" plus the cost of local business license
taxes as described in Section 20. CONTRACTOR shall invoice the CITY following the
completion of initial hardware integration, system installation and training services to be provided
by CONTRACTOR under this agreement. CITY agrees to pay for invoices within 30 days,
subject to software and hardware functioning properly in CITY's environment.
5. TERM OF AGREEMENT
The term of this Agreement shall be as provided in Exhibit "MSB -A", subject to
termination as provided in Paragraph 6.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten (10)
days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the
party giving such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents
described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later
than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance
of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in
any such audit or inspection.
9. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the
prior written consent of the other party, and any attempt to so assign this Agreement or any
rights, duties or obligations arising hereunder shall be void and of no effect. This Agreement
may not be assigned without the prior written consent of the CITY. It is understood and
acknowledged by the parties that the CONTRACTOR is uniquely qualified to perform the
services in this agreement.
10. INSURANCE
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A. During the term of this Agreement, CONTRACTOR shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal
injury, or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence.
B. The insurance coverage required of the CONTRACTOR by section 11. A.,
shall also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractual liability and personal injury;
3. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, and other entities in the Franchisors' Group, their officers, agents,
employees and volunteers as additional insureds under the policies;
4. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to CITY's PROJECT MANAGER;
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
6. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
7. PROJECT MANAGER and the City Attorney shall approve the
insurance as to form and sufficiency.
C. 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 regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees.
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D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney.
At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced
or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense
expenses.
11. INDEMNIFICATION
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, their officers, agents,
employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense
of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part,
from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's
officers, agents and employees in the performance of their duties and obligations under this
Agreement, except to the extent of any liability arising out of the sole active negligence or willful
misconduct of CITY.
12. NONDISCRIMINATION
CONTRACTOR shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. CONTRACTOR shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release,
defend, indemnify and hold harmless CITY, agents and employees from any and all damages,
liabilities, penalties, fines and all other consequences from any noncompliance or violation of any
laws, ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, 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. NOTICES
All notices and other communications required or permitted 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 be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be
given as follows:
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TO CITY: Mr. Ken Nordhoff, City Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 94915-1560
E-mail-ken.nordhoff@ci.san-rafael.ca.us
TO CONTRACTOR: Ms. Marjorie A. Fleming, Vice President
MSB/Data Ticket Inc.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
E-mail-MFleming@DataTicket.com
16. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees 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 officers, agents and employees be that of an Independent Contractor and
not that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral
or written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The 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.
E. 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 terms and conditions of this Agreement shall control.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
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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 same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration
which may become due or owing under this Agreement, shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE/OTHER TAXES
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code. CITY shall pay sales
taxes owed to the State of California as part of this Agreement. CONTRACTOR shall pay all
other applicable taxes. CONTRACTOR's taxpayer identification number is 93-10108111 and
CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is
correct.
21. CONFIDENTIALITY
To the extent the California Public Records Act and other applications permitted by
law, CITY agrees that the information contained in the Materials and Systems marked by
CONTRACTOR as "confidential" or "proprietary" shall be retained by CITY in confidence and
shall not be disclosed to the public.
22. PERFORMANCE BOND
CONTRACTOR shall provide the CITY with a Performance Bond in the amount of
$500,000, if a form approved by the City Attorney, executed by a surety company authorized to
transact a surety business in the State of California.
23. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
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EXHIBIT MSB -A
The parties, identified as
"MSB/Data Ticket Inc."
a California Corporation
4600 Campus Drive, Suite 200
Newport Beach, California 92660
(hereinafter referred to as "CONTRACTOR")
The City of San Rafael
Finance Division, Room 204
1400 Fifth Avenue
San Rafael, California 94901
(hereinafter referred to as "CITY"),
intend to provide for the processing of fines, bail and forfeiture thereof, in connection
with the issuance of citations for illegal parking pursuant to the laws of the State of
California.
1) 1.00 - DEFINITIONS
a) 1.01 - Definition Of Terms
It is the CITY's understanding that within the limits of common usage, a word in a
contract means what the contract says it means. For purposes of this contract, the
following are defined terms:
i) The term "Customer" shall mean an individual who was issued a parking
citation by the CITY. "Customer" may also be identified in this contract as
'registered vehicle owner or'defendant.
ii) The term "Enhancement" shall mean any program, any part thereof, or any
materials not included at the time of execution of this Agreement that add
significant new functions or substantially improved performance thereto by
changes in system design or coding.
iii) The term "Updates" shall mean program logic and documentation changes
and improvements to correct known defects and maintain the operational
quality of the CONTRACTOR's system to keep it current with other
environmental software, firmware, or hardware.
MSB/Data Ticket Inc
b) 1.02 Term
EXHIBIT MSB -A
This agreement shall continue for a term ending three (3) years from the
effective date of this agreement as provided in section 1.05, after which date of
the agreement shall automatically extend for successive one-year periods
unless a written notice of termination has been given by either party to the other
party at least sixty (60) days prior to the end of such a one-year extension
period. In conjunction with this automatic extension of the terms of this
agreement, CONTRACTOR may give notice of reasonable price adjustments for
its processing services. The CITY has thirty days to respond in writing to the
purposed increase. Unless CITY gives notice in writing of its rejection of these
price adjustments, the term shall be extended with these price adjustments as
stated. If the CITY 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.
c) 1.03 - Included Documents
This Agreement is inclusive of the following documents in order of precedence:
i) CONTRACTOR's Citation Rates Schedule - Attachment A
ii) CONTRACTOR Insurance Certificate(s) - Attachment B
iii) CONTRACTOR's Response to CITY's Request for Proposal (RFP)
(included by reference)
iv) CITY's RFP (included by reference)
d) 1.04 - Subcontractors
CONTRACTOR hereby accepts full responsibility for the obligations outlined by
this Agreement. The CITY agrees that CONTRACTOR may sub -contract some or
all of the performance of its duties provided for herein, provided that the CITY
approves of the sub -CONTRACTOR. CONTRACTOR shall interpret nothing in this
paragraph as authorizing the assignment of this Agreement. CONTRACTOR has
fully disclosed the names of all individuals and organizations to be used as
subcontractors in conjunction with this Agreement. CONTRACTOR further
agrees that changes or additions to the list of subcontractors will not be made
without prior written consent of the CITY, which shall not be unreasonably
withheld.
e) 1.05 - Date Of The Agreement
The effective date of the Agreement will be the date -on which the last party signed
the contract if both parties did not sign on the same date. The CITY requires that
the successful CONTRACTOR supply CONTRACTOR -signed completed
documents for CITY and Counsel review and approval. Therefore, the effective
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MSB/Data Ticket Inc
EXHIBIT MSB -A
date is anticipated to be the date the CITY signs the Agreement after review and
approval by the CITY.
2) - CITATION PROCESSING
a) Referral and Reconciliation: CONTRACTOR shall receive and process parking
citations that which CONTRACTOR shall receive from CITY. CONTRACTOR
will provide a reconciliation of the number of citations received from CITY
b) Determination of Processable Citations: CONTRACTOR shall screen the
parking citations referred to it by CITY to determine if the citation is processable.
If the citation is determined by CONTRACTOR to be unprocessable (e.g.,
essential processing information is missing), CONTRACTOR shall return the
citation to CITY within seven (7) days of receipt, by CONTRACTOR'S office, for
clarification. CONTRACTOR will be paid the contractual rate hereinafter
provided, for citations properly returned to the CITY as unprocessable.
CONTRACTOR will manually verify all rejected citations against keystroke errors
before returning citations to CITY for further verification.
c) Collection and deposit of funds: A "direct deposit" system shall be employed for
all funds received in payment of citations. The CITY shall own the bank account
and deposits shall be made directly into the CITY's account by CONTRACTOR.
The CONTRACTOR will invoice the CITY 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).
d) Identification of Registered Vehicle Owners: CONTRACTOR shall exert best
efforts and attempt to obtain the name and address of the registered vehicle
owner from the California State Department of Motor Vehicles (DMV) for each
vehicle for which a parking citation has been issued but payment for which has
not been received within the required time period. CONTRACTOR shall follow
all procedures specified by the DMV, and be consistent with the California
Vehicle Code when identifying registered vehicle owners.
e) Verification of Ownership: CONTRACTOR 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.
f) Delinquency Notices: In accordance with State law CONTRACTOR will
generate and mail (presorted, first-class postage) within twenty-one (21)
calendar days of the CITY's 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. CITY and CONTRACTOR can mutually
agree to send delinquency notices sooner that the 21" calendar days after the
CITY's citation issuance date. The mailed notice will include all information
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MSB/Data Ticket Inc
EXHIBIT MSB -A
required by the California Vehicle Code, including, but not limited to, the
following:
i) The parking citation issuance date and number;
ii) The consequences of nonpayment (i.e., a hold on the vehicle registration
and the imposition of penalties, towing, or issuance of a possible warrant for
their arrest; and
iii) The amount of fines and fees due and payable.
iv) Affidavit of Non -Ownership.
g) Registration Holds: The CONTRACTOR will provide the system and procedures
and will interface with the California State Department of Motor Vehicles to place
a hold on vehicle registration 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.
h) Removal of Registration Holds: CONTRACTOR will provide the system and
procedures and will interface with the California State Department of Motor
Vehicles to remove registration holds within 24 hours after 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
CONTRACTOR.
i) Contested Citations: In the event a registered vehicle owner disputes the liability
for the outstanding parking citation, CONTRACTOR 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 or CITY within the prescribed time period so that the matter can be
adjudicated. (CVC 40200.7 & 40215)
i) Administrative Review and Hearing: The CONTRACTOR will schedule
and conduct administrative reviews and hearings to respond to parking
violators wishing to contest their citations by mail and/or phone. The
CONTRACTOR will provide a toll-free 800 number for contestants to call,
correspond with contestants and notify them of decisions; maintain records of
dispositions and appeal paperwork and refer all paperwork to Court as
required. CONTRACTOR shall process contestant decisions within 48 hours
after hearing or review. CITY shall be notified by CONTRACTOR of
contestant citations that are overturned within 48 hours of the hearing
decision. The CONTRACTOR shall not be responsible for the CITY'S failure
to provide correct or timely infraction information.
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MSB/Data Ticket Inc
ii) Citations Disposed of by Hearing/Court: The CONTRACTOR 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. CONTRACTOR shall
be paid the contractual rate hereinafter provided for processing the citation
regardless of the outcome of court action. CONTRACTOR will maintain
records indicating any reduction or cancellations of parking citations as a
result of hearing/ court action. Parking citations that are dismissed as a result
of hearing/ court action will have the dismissal processed by the
CONTRACTOR promptly after receipt from the Hearing/ Court. The CITY
shall be responsible to pay the $25.00 court -filing fee, if the Court overturns
the Review and Administrative Hearing decisions.
j) Suspension of Processing: CONTRACTOR will suspend processing on any
citation referred to it for processing upon written notice to do so by an authorized
officer of the CITY. The CONTRACTOR will promptly return any citation or
facsimile properly requested by the CITY. CONTRACTOR will maintain records
indicating any suspension of citation as a result of CITY'S request.
CONTRACTOR shall be paid the contractual rate hereinafter provided for
processing the citations suspended by the CITY.
k) Payments by U.S. Mail: The postmark date will be the criteria to establish any
delinquent fees due.
1) Parking Citation System Master File Update: CONTRACTOR will regularly
update the parking citation master file for new citations, payments, reductions,
cancellations, dismissals and any other pertinent data.
m) Citation Noteworthy Comments: The CONTRACTOR will establish a provision
for the CITY to fax noteworthy comments to the CONTRACTOR, to be added to
the violator record, thus providing the CITY input on specific situations to
CONTRACTOR customer service representatives.
3) -PAYMENT PROCESSING
a) Disposition Processing: CONTRACTOR will maintain all citation dispositions for
a minimum of one (1) year. Closed citations will remain on-line for at least one
(1) year, for research and statistical purposes.
b) Payments Processing: CONTRACTOR shall process citation payments on a
regular basis. Payments shall be immediately posted in one (1) of three (3)
following categories:
i) "Regular Payments" are citations with the correct bail, paid to the
CONTRACTOR on or before the due date. (This includes payments properly
complying with prior Notices -of -intent).
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MSB/Data Ticket Inc EXHIBIT MSB -A
ii) "Partial Payments" are citations paid to CONTRACTOR after the citation
due date, or if the defendant has paid less than the amount of bail due.
Partial payment notification will not be required of the CONTRACTOR to the
Customer. If the CITY chooses to notify Customer, CONTRACTOR shall
mail a Notice -of -Intent, or a postcard, advising defendant of late charges
and/or incorrect bail.
iii) "Administrative Review/Court Hearing Requests" are all requests to
CONTRACTOR for administrative review/court hearings by Customer. These
requests are sorted so that bail submitted is immediately posted, and if
needed the original citations are retrieved.
iv) "Payment received by CITY" - Any payments received by CITY for parking
citations processed by CONTRACTOR will be itemized and tracked by CITY.
CONTRACTOR will receive notification by CITY of these transactions by the
next business day.
v) "Insufficient Funds" - If a Customer check is returned to Customer for
insufficient funds or stop payment, CONTRACTOR shall add additional
penalties or fees as prescribed by CITY.
c) Miscellaneous Letters Processing: CONTRACTOR will receive and review all
miscellaneous correspondence. These are generally letters requesting meter
checks, refunds, voids, or otherwise setting forth complaints. CONTRACTOR
will research these letters for proper follow-up by the CITY.
d) Batching Procedures: CONTRACTOR shall maintain an effective method of
intemal 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 one (1) year.
e) Cash Payments: CONTRACTOR shall maintain an effective method of handling
cash payments. All cash received through the mail, shall be logged in a cash
joumal. Thereafter, effective intemal control procedures shall be implemented to
reconcile such payments using generally accepted accounting principles.
f) 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 CITY and one (1) copy for the CONTRACTOR. All deposits shall be
directly deposited into the CITY'S designated bank account. CITY will supply
deposit slips and endorsement stamp to CONTRACTOR. CONTRACTOR shall
only have the capability to make deposits on behalf of the CITY.
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MSB/Data Ticket Inc
EXHIBIT MSB -A
g) Revenue Report: A monthly revenue report will list all revenues received during
the preceding month. This report will also provide information regarding the
CITY'S responsibility to the County for the Jail and Court fund as required by
Sections 40200.3 (a) of the California Vehicle Code. CITY shall pay all County
and Court Fines directly to the County of Marin based upon reports prepared and
calculations made by CONTRACTOR.
4) - OTHER REQUIRED SERVICES
a) Credit Cards - The CITY and the CONTRACTOR have agreed that Web enabled
credit card payments and telephone credit card payments will be charged a
$3.00 convenience fee that will be paid by the CITY. This charge will be added
to the customer's amount due. The charge is meant to cover the costs to the
CONTRACTOR for providing this service and is not meant to provide income to
the CONTRACTOR. In order to provide a level of comfort to the CITY that the
charges for credit card services are accurate, the CONTRACTOR will track and
analyze the charges levied from by CONTRACTOR's charge card vendors,
(Verisign and TeleCheck and First Data Merchant Services), for a period of six
months. A report will be prepared by CONTRACTOR and sent to the CITY
within 30 days after the six-month period ends to ascertain the accuracy of the
$3.00 charge for the purpose stated above. At the end of six months, if it is
found that the charge is higher than the actual cost to the CONTRACTOR, an
adjustment will be made to align the credit card charge accurately to cover only
actual cost to the CONTRACTOR.
b) Bilingual Customer Services - The CONTRACTOR has agreed to provide an
automated voice response (AVR) system in Spanish, as well as the English, at
no additional cost to the CITY. This AVR system shall provide Customer citation
information and accept citation payments by credit cards. If a customer is unable
to complete a transaction, or requires further information, regarding a citation,
CONTRACTOR shall provide customer service representatives who are fluent in
Spanish to respond to customer needs. CONTRACTOR currently provides
several other languages, including Spanish, on the in-house 800 telephone lines.
c) Handheld Devices Integration - The CONTRACTOR has agreed to accept
responsibility for successful integration of the CITY's AUTOCITE handheld
citation system, Version 32 with the Data Ticket system. The CONTRACTOR
will perform as project manager in case of transmission difficulties with CITY's
handheld system vendor, Enforcement Technology. Execution of this
Agreement is contingent on CONTRACTOR completing successful integration of
CONTRACTOR's software systems with the CITY's handheld citation system.
d) Implementation Cut-off Date - The CITY and the CONTRACTOR will begin
services and operations on a cut-off date to be mutually determined based on
completed implementation of CONTRACTOR system and hardware integration
and CITY on -hand supply of updated AUTOCITE tickets and manual citation
books.
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MSB/Data Ticket Inc
EXHIBIT MSB -A
e) CONTRACTOR Support Services - CONTRACTOR shall render support and
services during Normal Working Hours (8:OOAM to 5:OOPM PST/PDT, Monday
through Friday, excluding federal holidays and the day after the Thanksgiving
holiday) for telephone support assistance related to operation of CONTRACTOR
system, reporting of a potential error condition or abnormal termination of a
program, or request for minor assistance related to the CONTRACTOR systems.
5) -GENERAL PROVISIONS
a) Public Inquiries: The CONTRACTOR will respond to reasonable inquiry by
telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be
referred to the CITY for determination.
b) CONTRACTOR Limitations: CONTRACTOR will not take legal. action or
threaten legal action against a Customer in any specific case without CITY'S
prior approval.
c) Use of Approved Forms: CITY shall have the right to reasonable approval of all
forms, delinquency notices, and correspondence sent by the CONTRACTOR.
These must conform to State and local law.
d) Books and Records: CONTRACTOR will maintain adequate books or records
for parking citations issued within the CI1YS jurisdiction and referred to
CONTRACTOR for processing. Such books or records, and related computer
processing data, shall be available for reasonable inspection and audit by CITY
at the CONTRACTOR'S location at reasonable times upon adequate prior notice
to CONTRACTOR.
e) Ownership: : CONTRACTOR's, information, and data, including but not limited
to computer tapes or discs, files, and tapes furnished or prepared by the
CONTRACTOR or its subcontractor (collectively the "Materials") are and shall
remain exclusively the sole property of CONTRACTOR, and the CITY 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 CONTRACTOR, and the CITY shall acquire no right or title to said
Systems.
f) Property of CITY: All documents, records and tapes supplied by CITY to
CONTRACTOR in performance of this contract are agreed to be and shall
remain the sole property of CITY. CONTRACTOR agrees to return same
promptly to CITY no later than forty-five (45) days following notice to the
CONTRACTOR. The CITY shall make arrangements with CONTRACTOR for
the transmission of such data to the CITY upon payment to CONTRACTOR of
the cost of copy and delivery of such tape from CONTRACTOR'S computer
facilities to CITY'S designated point of delivery, plus any open invoices.
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g) Confidentiality: In order to enable CONTRACTOR to carry out its work
hereunder, to some extent it will have to impart to the CITY'S employees
information contained in the Materials and Systems (collectively the
"CONFIDENTIAL DATA"). The CITY 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
CITY by CONTRACTOR shall be retained by CITY in the strictest confidence
and shall not be used or disclosed in any form except in accordance with
paragraph h of this Section he*reinbelow. The PUBLIC AGENCY recognizes that
irreparable harm could be occasioned to CONTRACTOR by disclosure of
CONFIDENTIAL DATA that is related to its business and that CONTRACTOR
may accordingly seek to protect such CONFIDENTIAL DATA by enjoining
disclosure.
h) Consent For Disclosure: No report, information, data, files, or tapes furnished or
prepared by CONTRACTOR or its subcontractors, successors, officers,
employpes, servants, or agents shall be made available to any individual or
organization without the prior written approval of CITY 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.
i) CONTRACTOR Files: CONTRACTOR 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.
j) Storage for CITY:
i) CONTRACTOR agrees to store original citations for three (3) years, at which
time they will be returned to CITY. CONTRACTOR will have such
information available on system or magnetic tape data for CITY'S parking
citations for a reasonable time period to permit CITY retrieval of such
information in a data format that the CITY determines. CITY relieves
CONTRACTOR of all liability costs associated with data released by CITY to
any other person or entity using such data.
ii) Subsequent to the termination of the contract, CONTRACTOR will return hard
copy to the CITY. If requested, a magnetic tape of its processed data will be
provided for a fee of seventy-five Dollars ($75.00) per magnetic tape.
6) -CONTRACT PRICE
a) Basis for Fee Structure: The fee structure provided in "Attachment A", shall be
based on the combined parking citation volume.
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EXHIBIT MSB -A
b) Basis of Fee Computation: The fee due and payable to CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR to pursue collection except as defined in Article 5, Section j;
Article 6, Sections d and e, of this Agreement.
c) 4.3 Rate: The fees for the term of this Agreement are identified in Attachment A
i) AB 408 Option: The fee for the term of this Agreement is a $50.00 per hour
charge for in-person hearings, with a minimum of four hours invoiced per visit
for providing Administrative Reviews and Administrative Hearings services for
CITY contestants. Hearings are generally scheduled every other month,
unless volume dictates otherwise. The CITY shall be responsible to pay the
$25.00 Court filing fee, if the Court overturns review and administrative
hearing decisions.
d) 4-4 Other Fees: CONTRACTOR shall retain thirty percent (30%) of payments
for delinquent citations which have been processed in accordance with the
current Agreement, and meet any of the following criteria:
i) Citations 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.
ii) Citations with out-of-state license plates_
iii)Any other problem or special citations which CITY so designates and refers to
CONTRACTOR under this Agreement.
e) Postal Rate Increase: The CONTRACTOR will . maintain auditable records to
document the CONTRACTOR'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.
7) - REPORTS
a) Periodic Reports: CONTRACTOR will submit reports to CITY no later than the
15th of each month. The reports will provide activities relating to performance
under this Agreement. Among the reports the CONTRACTOR will generate are
the following:
i) Report of Revenue Collected for Period
ii) Report for Parking Citations Issued for Period
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iii) A balanced summary report for issuing CITY providing the status of all parking
citations at the beginning of the period, current period activity, and at the end
of the period.
iv) A report for issuing Agency identifying registered vehicle owners with eight (8)
or more outstanding parking citations.
v) A report for issuing Agency identifying the parking citations issued, location,
violation by each officer.
b) Annual Reports: Annually, CONTRACTOR shall comply with CVC 40200.3 (b).
c) Microfiche: At CITY'S sole cost and expense, CONTRACTOR will provide all
available reports on microfiche, if CITY so requests in writing.
8) - ADDITIONAL SERVICES
a) Site of Services - CONTRACTOR's services are to be performed at location(s)
within CONTRACTOR's city unless specific work assignment calls for services to
be performed at CITY location(s). If services are provided at CITYs location(s),
CITY shall provide office space and facilities to CONTRACTOR's staff
commensurate with that provided its own employees engaged in similar
activities.
b) Exclusivity: CITY agrees to utilize only the services of CONTRACTOR during
the term of this Agreement for the processing of the citations referred to above.
CITY agrees during the term of the Agreement to not directly or indirectly assists
a competitor of CONTRACTOR in the performance of the services provided by
CONTRACTOR under this Agreement.
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Attach mat A: Cost Pro osal Sheet
I, ii ''I'll "I'll" , i„ " i� ni uiii ii p.., u....,. ml,dl j m „u„Ln �—I ii, u , ai.....nn,,; a o'I uu ” i ^ii uuuu
1. Per Parking Citation
Processing Fee —
Handwritten
2. Per Parking Citation
Processing Fee —
EIecttonic .
3. Out-of-state
Processing and
Collections: of all
out -of state -
collection revenues
4. Adininistration of
Adjudication
Process
5. Independent
AdIDIIZ1S'irative
Hearings
6. l[npleme®n
Costs
7. Per Traffic Citation
Processing Fee
(optional)
S. Any Other Fees or
Charges not
Mentioned Above
S. Continued
Total
Outsourcing
With "real time'
Connection
0.90/per cite
0.45/per cite
0.45 per cite
30$ of
collection
Decision
$2.00/letter
Partial
Outsourcing
With "real time"
Connection
Purchase of
Software
Outright
$50/hour
Room provided
by the city
Includes all implementation coats
$7,000.00 Isee0
i olemf prohrs ammor-- total pleashedul
No Sid
$50 per month Additional password segments
6 User Id of 6 can be add d for
passwords for $50 per segment
web site access
0.75 per Delinquent Notice
35
TOTAL P.02