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HomeMy WebLinkAboutCC Resolution 12410 (Parking Citation Services)RESOLUTION NO. 12410 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/DATATICKET, 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. beginning January 1, 2008. The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with MSB/Data Ticket, Inc., a copy of which is hereby attached and by this reference made a part hereof. 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 17th day of December, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None P itz e . gel z, . ESTHER C. BEIRNE, City Clerk ATrAr- &w�-,-r i AGREEMENT FOR: PROCESSING PARKING CITATIONS This Agreement is made and entered into this 17th of December 2001, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MSB/DATA TICKET INC., A CALIFORNIA CORPORATION (hereinafter "CONTRACTOR"). PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Revenue Collection Supervisor, Nena McNamara, 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. Marjorie 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 CITI(. 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. K 10. INSURANCE 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. 01 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: TO CITY: Mr. Ken Nordhoff, Assistant 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-MFleminq@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. 5 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 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 93-1010811, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 21. CONFIDENTIALITY To the extent permitted by the California Public Records Act and other applicable law, CITY agrees that 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 $100,000, on a form approved by the City Attorney, executed by a surety company authorized to transact a surety business in the State of California. 0 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 l-' �T-! Mayor ATTEST: 4�;e�rk APPROVED' O RM: J City Attorney,/,% CONTRACTOR By: Name: Title: `C'u k C'\ C4 �Ab J c Ur fsMorkFileNanagement Services- WorkFileWinance- Contracts12001Unsb-data ticket agreement.doc WorkFileWgreement and ContractsTrofessional ri ei C A m e-1 T Tu Eh, s r I ,'� Cr- v" t EXHIBIT MSE -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") AND The City of San Rafael Finance Division, Room 2004 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. 11 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 in 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 - 1 — operational quality of the CONTRACTOR's system to keep it current with other environmental software, firmware, or hardware. b) 1.02 -Term 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 proposed 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 prices 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's 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 -2— the CITY, which shall not be unreasonably withheld. e) 1.05 — Date Of The Aareement The effective date of the Agreement will be the date on which the last party signed the contract if both parties did 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 date is anticipated to 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 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 for 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 Reaistered 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. -3— e) Verification of Ownership: CONTRACTOR shall 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) Delinauencv 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 than the 21 calendar days after the CITY's citation issuance date. The mailed notice will include all information 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; iii) The amount of fines and fees due and payable iv) Affidavit of Non -Ownership g) Reaistration 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 registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local 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, CONRACTOR 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) 1) Administrative Review and Hearinq: 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. 2) Citations Disposed of by Hearina/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 $35.00 court -filling 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) Parkina Citation Svstem 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 -5— 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) Pavments Processinq: CONTRACTOR shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: 1. "Regular Payments" are citations with the correct bail, paid to the CONTRACTOR on or before the due date. (This includes payments properly complying with Notices -of -Intent). 2. "Partial Payments" are citations paid to the 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 the Customer, CONTRACTOR shall mail a Notice - of -Intent, or a postcard, advising defendant of late charges and/or incorrect bail. 3. "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. 4. "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. 5. "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 Processinq: 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 internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of one (1) year. e) Cash Pavments: CONTRACTOR shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments using generally accepted accounting principles. 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, one (1) copy for the bank 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. 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 -7— 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 costs to the CONTRACTOR. b) Bilinqual Customer Services — The CONTRACTOR has agreed to provide an automated voice response (AVR) system in Spanish, as well as in 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 the 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 sevices 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. e) CONTRACTOR Support Services — CONTRACTOR shall render support and services during Normal Working Hours (8:00 a.m. to 5:00 p.m. PST/PDT, Monday through Friday, excluding federal holidays and the day after Thanksgiving holiday) for telephone support assistance related to operation of CONTRACTOR system, reporting of potential error conditions 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 Limitation: 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 CITY's 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) Propertv 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. 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 that information contained in the data 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 hereinbelow. 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, employees, servants or agents shall be made available to any individual or organization without the prior written approval of CITY other than individuals or organizations that are reasonably 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: 1. 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. 2. 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 ($75.00) per magnetic tape. 6) — CONTRACT PRICE a) Basis for Fee Structure: The fee structure provided in "Attachment K shall be based on the combined parking citation volume. 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. -10— 1. 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 $45.00 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: • Citations for which 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. • Citations with out-of-state license plates. • 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: • Report of Revenue Collected for Period • Report for Parking Citations Issued for Period • 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. - 11 — ® A report for issuing Agency identifying registered vehicle owners with eight (8) or more outstanding parking citations. ® 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 CITY's 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) Exclusivitv: 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 assist a competitor of CONTRACTOR in the performance of the services provided by CONTRACTOR under this Agreement. -12— EXHIBIT MSB -A, Attachment I COST PROPOSAL FOR THE CITY OF SAID" RAFAEL Effective January 1. 2008 Description Fee for processing each manual citation Fee for processing each electronic citation Fee for the first delinquent notice only Follow up notices will be issued at no additional charge. Fee for collectinq each out-of-state parking citation Proposed Fee $0.90 per cite $0.45 per cite $0.77 per notice 25% of collections Specified services and material covered by the fees for both in-state and out-of- state citations include. Data entry & updating of all handwritten citations & electronic entry & updating of all electronic citations Collecting, processing & applying all payments Processing all status changes to citation database User ID's & passwords for Client Access to Web Site Viewing & printing of citation management reports and citations at the City 24/7. City will always have access to its citation database including all status updates real-time On-line real-time access to database Company credit card payments on-line, real-time via Ticket Wizard 5000 web site Company credit card payments accepted via phone or paper 2417 citizen access to City database to view, appeal and pay citations On -Line connection to California DMV for daily registered owner information files On -Line connection to California DMV for daily hold and release files On -Line connection to Florida, Ohio, Texas, Washington, Oregon, New York, Pennsylvania, New Jersey, & Maryland DMV's for registered owner information Interface with other DMV's nationwide for registered owner information via diskette, CD & tape, etc. Interface with third party vendor for nationwide registered owner information All forms, postage and tracking Bonded courier for mail pick up from dedicated post office box Correspondence tracking and response Bi -lingual 800 line voice mail & IVR 24 hours per day, 7 days per week Bi -lingual 800 line customer service answered by customer service representatives Bonded courier for daily bank deposits Bank reconciliation Complete audit trail Comprehensive monthly management reports on citation issuance and revenue available on-line as well as in hard copy with month-end invoice All required insurance California Corporate Headquarters Fee for Delinquent Parking Collections 30% of collections Administrative of Adjudication Process including sending all decision letters Hearings: Hearings are scheduled in accordance with City requirements at a designated City location, but no less than every 90 days, according to CA law). (Original fee for Hearings was $50.00 per hour, increased due to cost of living increases over the past 6 years & increased gasoline prices over the past 6 years) System and Ad Hoc Reporting Online Inquiry, Payment, & Adjudication Fee for Web Site Access OPTIONAL SERVICES: FTB Tax Lien Participation (includes SS number search and FTB Notice sent) Collections $2.02 per letter sent $60.00 per hour $ Included $ Included $ Included $5.00 per record 15% of collections If the City of San Rafael opts to use Data Ticket's partnership with a third party FDCPA regulated collection agency, the collection fee will be a percentage of actual collections, to be determined by the volume of citations and dollar value of those citations at the time collections are initiated. Data Ticket interfaces with the handheld ticket writers currently being used by the City and offers several different units and will provide demo units and information including pricing, specifications, & support in a separate document. All bank fees to be paid by City.