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HomeMy WebLinkAbout1996-04-01 City Council (18)TO: City Ci ¢ of Palo Alto Manager’s Report HONORABLE CITY COUNCIL 8 FROM:CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: SUBJECT: April 1, 1996 CMR:203:96 Agreement with the City of Inglewood for Parking Citation Processing ~QUEST This report requests that Council authorize the Mayor to execute the attached agreement with the City of Inglewood in an amount not to exceed $49,800 for the handling and processing of parking violations. The agreement is for one year with an option for extensions up to four consecutive one year terms. Funds for the current year are included in the Police Department’s 1995-96 budget. Agreements for subsequent years would be based upon Council approval of funds. RECOMMENDATIONS Staff recommends that Council approve the attachedagreement with the City of Inglewood for a one year period, with an option for up to four consecutive one year terms, for handling and pr0cessing parking violation notices. Staff is recommending the additional option years due to minimal cost increases agreed upon by the City of Inglewood and the history of few vendors responding to request for proposals. POLICY IMPLICATIONS This agreement does not represent any change to existing policies. EXECUTIVE SUMMARY In September 1992, the Council approved a three-year agreement with the City of Inglewood for the handling of parking citations. This three year agreement was reached following the completion of the City’s request for proposal process (RFP). The agreement was due to expire in September 1995, but was extended for a six month period. This extension was necessitated due to several factors, including the settlement of another vendor’s lawsuit against the City of Inglewood, the unavailability of the Police Department’s key staff person due to a two month CMR:203:96 Page 1 of 3 illness, and additional work associated with the color zone parking program and the attendant parking lot. Vendor Selection Process Police, Administrative Services, and City Attorney staff prepared a RFP for the processing of notices of parking violations. Specifically, the RFP requested vendors to submit proposals for services including generation of delinquent parking violation notices, identification of registered owners, and placement and removal of vehicle registration holds. Eight potential vendors were identified via prior RFP processes and information received at a recent conference of the California Public Parking Association. Requests for proposals were sent to these vendors on December 7, 1995. Vendors were given three weeks to respond to the RFP. Due to past experience of receiving only a small number of proposals for this service, staff’personally contacted the majority of the vendors and encouraged them to submit proposals. Proposals were requested to be submitted within a three-week period. Information received from the vendors indicated that the three-week time period was sufficient to complete the process. Proposals were received from only two vendors, however (Attachment A). Two vendors no longer are in the business of processing citations. Feedback received from other vendors who did not submit proposals indicated that the City’s strict cash handling procedures, financial audit requirements, and small number of parking violations issued discouraged them from submitting proposals. Staff did not pursue the proposal received from Enforcement Technology, after they refused to submit an audited financial statement (RFP requirement) for their company unless they were guaranteed the agreement. A selection committee consisting of representatives from Police, Administrative Services and the Attorney’s Office reviewed the remaining vendor’s proposal (City of Inglewood), who met the criteria that had previously been established for selection. The criteria included the vendor’s experience, ability to provide on-line Department of Motor Vehicle services, ability to track and update parking violations from the City’s administrative review process, the ability to meet the City’s cash handling procedures, the provision of an audited financial statement, and cost to provide services. Staffhas been very pleased with the quality of Inglewood’s services and the associated costs. The new agreement represents an increase of $.35 fiat rate per cite over the per cite cost that has been in place for three years. Additionally~ in prior years, the telecommunications link CMR:203:96 Page 2 of 3 costs have been handled separately. Under the proposed agreement, these costs ($4,000) are included. The. additional charges reflect higher postage rates and handling costs. FISCAL IMPACT The funds for this agreement, not to exceed $49,800, are currently in the Police Depamnent’s 1995-96 budget. Future years’ agreements would be based upon Council’s approval for funding during the normal budget process. Per cite handling costs for any of the optional four additional years would represent only increases in postage rates. This would result in substantial savings for five years. ENVIRONMENTAL ASSESSMENT This agreement does not constitute a project for purposes of CEQA. ATI’ACtlMENTS Attachment A: Vendor Response Agreement PREPARED BY:Dave Dudley, Parking Services Supervisor Lyrme Johnson, Assistant Police Chief DEPARTMENT HEAD REVIEW: DURKIN, Police Chief CITY MANAGER APPROVAL: ~ BERNARD M. STROJ~, g’ssista~ity Manager / / CMR:203:96 Page 3 of 3 AGREEMENT BETWEEN THE CITY OF INGLEWOOD AND TEE CITY OF PALO ALTO FOR NOTICE OF DELINQUENT PARKING VIOLATIONS SYSTEM-ONLY SERVICES This Agreement, dated , 1996, is made and entered into by and between the City of Inglewood, a charter city of the state of California ("Inglewood")and the City of Palo Alto, a charter city of the state of California ("City"). RECITALS WHEREAS, City wishes to utilize Inglewood’s computerized parking violations system, including software, ("System") to process parking violations issued by City’s Police Department for illegal parking in the City of Palo Alto in accordance with applicable state, county and municipal laws. WHEREAS, City requested proposals for parking citation services, and Inglewood has submitted a proposa! which City staff has dete_.~mined meets-City’s parking citation services criteria; and WHEREAS, Ing!ewood wishes to allow City to utilize the System to perform certain parking violation handling services, but excluding any services directly related to the collection of monies due and owing to City on account of unpaid "notice of parking violations" (individual!y, "Cite" and, collectively, "Cites"), the handling of deL~.lquent Cites ~through judicia! procedures, or the rendering of customer services, under te_~ and conditions mutually acceptable to the parties; NOW, THEREFORE, in consideration of the following covenants, terms and conditions, the parties agree: ~_~TICLE !.0 Term and Termination. !.! The basic term of this Agreement shall be for a period of one (i) year, commencing Apri! !, 1996, and the term may be extended at the option of City for four (4) consecutive one-year terms, s’~bject to the sooner termination of this Agreement. 1.2 The extension of the basic term shal! be contingent upon the following: 1.2.1 City’s city manager ("City Manager") approves of the extension and the Counci! of the City of Pa!o Alto appropriates funds to pay for Ing!ewood’s se_~vices to be rendered during such extension terms; 1.2.2 The City Manager determines, in writing, that Ing!ewood is fulfilling its obligations under, and is otherwise in compliance with the provisions of, this Agreement. 1.2.3 The parties agree to an extension of the Agreement under mutually acceptable terms and conditions. 1.3 This Agreement may be terminated as follows: 1.3.1 Notwithstanding any right or remedy which is available to City, City may terminate this Agreement, without cause, upon the giving of ninety (90) calendar days’ prior written notice to Inglewood, or, with cause, upon the giving of thirty (30) calendar days’ prior written notice to Inglewood. Upon receipt of such notice, Inglewood shall cease rendering services under this Agreement as directed by City on the date set forth in such notice, and, within thirty (30) calendar days after the effective date of termination, return to City any and all records, reports, documents, data, information and writings, as such term is defined in the California Evidence Code, to which City is entitled under this Agreement, or by law, including any writing relating to Inglewood’s performance under this Agreement. 1.3.2 Inglewoodmay terminate this Agre=_ment, without cause, upon the giving of ninety (90) calendar days’ prior written notice to City, or, with cause, upon the giving of thirty (30) calendar days’ prior written notice to City, provided, however, City shall be afforded an opportunity to cure any breach or default under this Agreement within thirty (30) calendardays of receipt of such notice, or, if the breach is not cured within such time, no default or breach shall be deemed to have occurred provided City has commenced to cure and is continuing to cure any such breach or default within such period of time. This Agreement will not be terminated, unless and until City fails to cure such default or breach after a reasonable time has passed. 1.3.3 Upon City’s issuance or receipt of notice of termination, Ing!ewood shall cease to incur any additiona! expense without the prior written consent of the City Manager, provided, however, at City’s option, Inglewood shal! complete its service obligations under this Agreement, including, without limitation, the handling of Cites until the effective date of termination and the furnishing of copies of all records, reports, documents, data, information and writings as re.quired herein to City. ARTICLE 2.0 Hand!in~ Services Provided by Inqlewood. 2.1 Without limiting the generality of this Section 2.1, Inglewood shall provide certain parking violations handling services, the details of which are more fully described in Exhibit "A", entitled "Scope of Handling Services", as fol!ows: 2.1.1 Provide City with on-line access to the System which will facilitate the entry, modification, or deletion of parking violation information, including payment of Cites, from hard copy source documents or electronically transmitted data, or both, and permit the exchange of such data between City and Inglewood. 960312 syn 0070916 2 2.1.2 Provide City with a computer system, including software ("Computer System") which allows access to the California Department of Motor Vehicles (."DMV") computer in an on-line mode to permit the retrieval, review, and input of information essentia! to the handling of Cites, and generally complying with all applicable laws, including DMV procedures, in facilitating such access and in engaging in other necessary actions. Such access shall be made available at no cost tO City, unless DMV institutes an access charge, in which case the access charge shal! be payable by City upon receipt of notice for such charge. 2.1.3 Provide City with a current parking violation master tape or tapes f~r back-up purposes on a quarterly basis at a cost of seventy-five dollars ($75) per tape for all activities, including Cites. The magnetic tape shall be in an ASCII format which will permit such data to be processed by a HP 3000 system computer. 2.1.4 Provide City with a Computer System which will allow access to accurate information concerning the handling of Cites, including the identity of registered vehicle owners, the establishment of written verification procedures used to identify and resolve probl~ms associated with, inter a!i~, the issuance of new license plates, changes of address, and changes of vehicle ownership. 2.1.5 Provide City with access to a Computer System which will facilitate the accurate tracking of delinquent Cites, and implement pz~cedures for handling, mailing, Knd verifying, on a monthly basis or other frequency acceptable to the Project M~nager, the following minimum amount of information on registered vehicles and registered vehicle operators: The following information items (!) through (4) are supplied only by the DMV: 2. 3. 4. Registered owner’s name and address; Vehicle license number; Vehicle identification number; and Vehicle make. The following information items (=) through (ii) are supplied only by City: o 6. 7. 8. 9. i0. Ii. Cite issue time; Cite date; Cite number; Location where Cite is issued; Name of issuing agency; Description of California Vehicle Code section or other statutory provision which is violated; and General information on clearing, contesting, and paying Cites, including the amount to be paid and address to which payment is to be sent, and the consequences of nonpayment thereof. 960312 syn 0070916 3 2.1.6 Provide City with initial and recurring training and computer documentation or operations manuals supporting access to the System which wil! facilitate the handling of Cites issued to out-of-state registered vehicles, including, at a minimum, the information to be provided under subsection 2.1.5. 2.1.7 Provide City with access to a Computer System which wil! allow the ability to directly communicate with DMV on the filing of Notices of’ Delinquency Parking Violations, and the placing and removal of "holds" by City or Inglewood, all of which shall be accomplished in accordance with applicable law and within the time frame as may be established, in writing~ by City. 2.1.8 Provide City with the opportunity to review via on-line terminals and approve al! standardized forms, reports, notices and letters in the System to be used by Ing!ewood in performing services hereunder. 2.1.9 Provide City with the right to audit the System and a Computer System used pursuant to the performance of services under this Agreement, upon the request of any City representative, and provide or obtain the right of entry to any premises in, on, or about which the System and Computer System software are kept or maintained. 2.1.10 Provide City with proof of Inglewood’s financial condition in the form and at times not less than on an annual basis or as may be otherwise established by City. 2.1.11 Provide City with on-line access to retrieve data and generate reports. 2.1.12 Provide City with access to a minimum of four (4) on-line terminals and two (2) Personal Computers with emulator software (HP Vectra-compatib!e, minimum 486), !00 Mi~Z Pentium, ! GB Hard Disk Drive, 16 M~ RAM., tape backup, 17" SVGA monitor (or larger), and two (2) HP IV Laser Jet (or better) printers which may be used for printing of portions of the database. 2.1.13 Provide City with a designated PTS.M~nager who shall be responsible for directly communicating with City representatives and for the execution of Ing!ewood’s obligations under this Agreement. 2.1.14 Provide City with such others se_~vices as may be requested by City during the term of this Agreement, including, without limitation, such assistance and cooperation as may be requested by City in the event a claim or action is brought against City relating to Ing!ewood’s services rendered under this Agreement, including notifying City of any such claim or action within 24 hours of receipt of service of such claim or action. 2.2 In the performance of services hereunder, Inglewood shall not do or undertake any of the following without the express prior written permission of the Project Manager: 960312 syn 0070916 4 2.2.1 Take any legal action on behalf of City against any person who is issued a Cite by City; 2.2.2 Threaten to take any legal action on behalf of City against any person who is issued a Cite by City; 2.2.3 Make any communication, oral or written, regarding potential legal action on behalf of City against any person who is issued a Cite by City, provided, however, Inglewood shall not be prohibited from mailing notices concerning Cites which contain similar language expressly prohibited in this subsection 2.2.3. 2.3 Inglewood shall convert and/or maintain City’s current parking violation data to the System. City shall notify Inglewood in writing of the parking violations data it wishes to convert to the System. 2.4 Inglewood’s written response to City’s Request for Proposals for Parking Citation Processing, to the extent such response, or any part thereof, is not inconsistent with any provision of this Agreement, including Exhibits "A" and "B", is hereby incorporated as Exhibit "C". In the construction or interpretation of any obligation of Inglewood hereunder, Inglewood’s written response shall be construed in a manner which wil! best augment and support any direct obligation undertaken by Inglewood under this Agreement. 2.5 Notwithstanding any other provision in this Article 2.0, Inglewood shal! perform services in a courteous, professional and inoffensive manner or as requested by the City Manager or the Project Manager. ARTICLE 3.0 Other ResDonsibi!ities of Inalewood. 3.1 Inglewood shall furnish City with every reasonable opportunity for City to ascertain that the services of Inglewood are being performed in accordance with the provisions of this Agreement. All information in Inglewood’s possession that relates to Inglewood’s performance under this Agreement shall be made available for inspection by any authorized representative of City upon reasonable notice. Ing!ewood will assist and cooperate with any audit or inspection conducted pursuant to this Article 3.0. ARTICLE 4.0 Rights and Obligations of City. 4.1 The City Manager shall be the representative of City, and he or she shall be authorized to execute and approve of any amendment~ to this Agreement, including the approval of any extension of this Agreement as provided herein. Any reference to the City Manager herein shall refer to his or her designee. The Assistant Chief of Police shall appoint the Project Manager for City and the Project Manager shall supervise the progress and execution of all obligations of City under this Agreement. 960312 syn 0070916 5 4.2 City agrees to use reasonable efforts to assist and cooperate with Ing!ewood in such manner as may be requested by Inglewood’s PTS Manager. 4.3 City agrees to participate in semi-annual user-group meetings which will be held at a location, date and time approved by the users of Inglewood’s system services. The meetings will not exceed a duration of two (2) consecutive days. ARTICLE 5.0 Compensation. 5.1 In consideration of Inglewood’s performance of its obligations under this Agreement, including the mailing of any Notice of Delinquent Parking Violation ("Notice"), and the provision of access to the System and related parking violation services during the term of this Agreement, City agrees to compensate Inglewood in such amounts for specified services under such provisions as are more fully set forth in Exhibit "B" 5.2 At the end of each month, Inglewood shall invoice City for services rendered in the preceding month° Such invoices shall be accompanied by any documentation as may be requested by City. City agrees to pay such verified invoices within thirty (30) calendar days of receipt. Any and all costs to be billed to and paid for by City shal! to the extent possible be verifiable by receipts or other written documentation. City reserves the right to inspect and copy any such records, ~reports, receipts, or other documentation substantiating such costs during the regular business hours of Inglewood. Inglewood, at its sole option, may assess finance charges in an amount not to exceed 1-1/2% per month on undisputed outstanding unpaid balances of over 90 days. ARTICLE 6.0 Confidentiality. 6.1 All records, reports, data, and information stored on computer tapes, disks, diskettes, and any other data storage media, that are created and prepared by or produced for Ing!ewood, its officers, employees, agents and representatives for the purposes of retaining or transmitting the same to City pursuant to the provisions of this Agreement are hereby deemed confidentia! to the extent such confidentiality is not inconsistent with applicable law. 6.2 All computer systems and software, documentation, programs, and enhancement containing such confidential information shall remain the sole and exclusive property of Ing!ewood, and City agrees that it will exercise no right of ownership in and to such information, except as otherwise expressly permitted herein or as authorized by law. City further agrees not to provide or otherwise make available such information, or any part thereof, in any form to any person except .as may be required by law or as otherwise provided herein. 6.3 Inglewood, its officers, employees, agents and representatives are prohibited from disclosing or making available 960312 syn 0070916 6 to any person any information deemed confidential under this Agreement without the prior written approval of City. ARTICLE 7.0 Insurance and Performance Bond. 7.1 Inglewood shall self-insure against all risks with respect to matters generally insurable under comprehensive genera! liability, comprehensive blanket crime, and workers’ compensation policies and against all acts or omissions of Inglewood, its officers, ~mployees, agents, and represehtatives in the performance of or the failure to perform its obligations under this Agreement. 7.2 On or before March I, 1996, Inglewood shall provide City with written confirmation of its self-insurance coverage on an annua! basis in accordance with the provisions of Section 7.1, and shall state in detai! the extent to which insurance coverage is automatically extended to or otherwise made available to Inglewood as a member of the South California Joint Powers Insurance Authority. 7.3 Inglewood shall provide a performance bond in the amount of fifty thousand dollars ($50,000), which City determines wil! serve as security for the full performance of services hereunder or as protection from liability, loss or damage which City may sustain as a result of Inglewood’s (or the System’s) performance of or failure to perform under this Agreement. ~TICLE 8.0 Indemnification. 8.1 Inglewood agrees to protect, defend, indemnify and hold harmless City, its council members, officers, employees, agents and representatives from and against any and al! demands, claims, liability, losses, damages, suits, or costs, including attorney’s fees, resulting from or arising out of the negligent acts or omissions or the willful acts or misconduct of Ingiewood, its officers, employees, agents or representatives, or conduct for which strict liability is i!n_Dosed at law, in the performance of or failure to perform its obligations under this Agreement. 8.2 City agrees to protect, defend, indemnify and hold harmless Ing!ewood, its council members, officers, employees, agents and representatives from and against any and all demands, claims, liability, losses, damages, suits, or costs, including attorney’s fees, resulting from or arising out of the negligent acts or omissions or the willful acts or misconduct of City, its officers, employees, agents or representatives, or conduct for which strict liability is imposed at law, in the performance of or failure to perform its obligations under this Agreement. 960312 syn 0070916 ARTICLE 9.0 Nondiscrimination. 9.1 Inglewood shall not discriminate in the employment of any person pursuant to the performance of this Agreement on the basis of that person’s race, color, national origin, ancestry, religion, sex or disability. 9.2 If Ingiewood is found in violation of the nondiscrimination provisions of this Agreement or applicable law in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. City shal! have the power and the right to terminate or suspend this Agreement, in whole or in part, or to deduct from any amount payable to Inglewood such sums as are authorized by the Palo Alto Municipal Code or by other laws to be deducted for each calendar day while such discrimination is occurring. ARTICLE i0.0 Notices i0.I All notices given hereunder shall be delivered, in writing, by mail, postage prepaid, by facsimile transmission, or by personal delivery, and addressed to either party as set forth below, or to such other addresses as may be noticed in writing: TO Inglewood:City of Ing!ewood c/o Inglewood PTS One Manchester Boulevard Inglewood, California 20301-1750 Attn: Levi Jiminez, PTS Manager TO Palo Alto:City of Palo Alto Police Department P. O. Box 10250 Pa!o Alto, California 94303 Attn: David Dudley, Project Manager ARTICLE I!.0 Miscellaneous Provisions. !i.! In~lewood shall keep itself fully informed of all current laws which may affect any person employed by Inglewood under this Agreement, or which may affect in any manner the operation of any computer system or Inglewood’s performance of services under this Agreement, or which govern the conduct of business of Inglewood in its performance under this Agreement, and observe and comply with, and cause its officers, ~mp!oyees, agents, and representatives to observe and comply with, all applicable laws. 11.2 Inglewood shall not assign, or attempt to assign, any of its obligations hereunder without the written consent of the City Manager, and any assignment shall be null and void. 960312 syn 0070916 11.3 Inglewood in its relationship with City under this Agreement is a municipal agency and not an agent or emp!oyee of City. 11.4 This Agreement constitutes the final expression of the agreement between the parties, and it may not be modified except in writing and signed by the parties. 11.6 The waiver by either party of any breach of this Agreement, or any provision thereof, shall not be deemed to be a waiver of any other breach of this Agreement, or any part thereof, by the non-breaching party. The subsequent acceptance by either party of any fee or Dther consideration which may become due hereunder shall not be deemed tO be a waiver of any preceding breach by the other party of this Agreement, or any provision thereof° 11.7 The prevailing party in any action brought to enforce any provision of this Agreement may recover from the non- prevailing party its costs and expenses of suit, including reasonable attorney’s fees. 11.8 The unenforceability, invalidity, or illegality of any provision of this Agreement shal! not render the other provisions unenforceable, invalid, or illegal. 11.9 All exhibits now or hereafter referenced are by such reference deemed incorporated in this Agreement and made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated. CITY OF PALO ALTO CITY OF iNGLEWOOD Lanie Wheeler, Mayor ATTEST: Edward Vincent, Mayor ATTEST: Gloria Young, City Clerk APPROVED AS TO FORM: Hermanita Harris, City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Howard Rosten City Attorney City Manager 960312 syn 007091.6 Deputy City Manager, Administrative Services Police Chief i0960312 syn 0070916 EXHIBIT "A" SCOPE OF HANDLING SERVICES SECTION 1 -- ~CCESS TO SYSTEM AND TRAINING i.I ON-LINE TERMINAL AVAILABILITY TO CITY. At all times during a 24-hour period, Inglewood shall allow City to input on-line to the System all Cites, deletions, holds and other related violation handling information. Ing!ewood shall ensure that City will be able to retrieve, review and input any such information pertaining to Cites, deletions, holds and dispositions via video display terminal. The System configuration wil! be conducted and operated in accordance with all laws governing the civil adjudication of parking violations by means of administrative investigation and hearings. Information in the System shal! be accessible by City via vehicle license number, vehicle identification number, registered owner’s name, and a violation number. Inglewood shal! maintain security of the System by means of specific account numbers and passwords. 1.2 TRAINING. Initial training and recurring training on an on- going basis shall be provided by Inglewood at the city of Inglewood at no cost to City. If it becomes necessary for Inglewood to provide City staff with training (other than initia! training) at City, then City agrees to reimburse Inglewood for reasonable transportation, lodging and other incidenta! expenses actually incurred by Inglewood personne! who travel to the city of Palo Alto to provide on-site training as requested by City. 1.3 RESPONSE TO CITY INQUIRIES. Inglewood shall respond to City’s telephone or electronic mail immediately. 1.4 UPDATE MEETINGS. Throughout the perfo_~mance of Inglewood’s service to City, the PTS Manager shall communicate regularly with the Project Manager as required. SECTION 2 -- SERVICES 2.1 COLLECTION OF CITES. City on a daily basis will electron- ically transmit to Inglewood all Cites which are generated in handwriting or by portable mechanica! ticketwriters, and Inglewood shall provide the System which handles Cites each evening, or sooner. 2.2 RECONCILIATION. Inglewood will provide an on-line report of the daily reconciliation of the number of Cites handled by Inglewood. 2.3 VIOLATIONS SCREENING. The System shall screen each Cite issued by City to determine whether the Cite contains the information necessary to enter it into the System. If the Cite is determined by the System each day to be in error (e.g., the specific violation is not checked, the date of the violation is missing, no vehicle license number or vehicle identification number is provided, and so forth), the Cite will be added to an-on-line edit exception report. Inglewood shal! make available to City a report of the number of mismatched Cites and tickets and the number of delinquent Cites. .City agrees to modify and/or delete mismatched Cites, as shal! be deemed appropriate by City. Inglewood shall receive no additiona! compensation for handling a Cite that is resubmitted. 2.4 NOTICES OF DELINQUENT PARKING VIOLATION. The System shall generate, on at least a weekly schedule, a Notice for each Cite which remains unpaid fourteen (14) calendar days after the date .of issuance or pursuant to State of California law. Within two (2) working days, Inglewood shall mail these Notices to the registered owners of the vehicles (whether or not the registered owners can be identified fully and clearly) cited, by means of first class mail. The Notice shal! be of a design and format established and provided by City. 2.5 IDENTIFICATION OF REGISTERED VEHICLE OWNERS. The System shall make a minimum of five (5) attempts (no more than one (i) attempt every fourteen (14) calendar days or other such time frame schedule agreed to by the City) to obtain the name and address of the registered vehicle owner from the DMV for each vehicle for which a Cite has been issued, but payment for which has not been received within the required time period. City will respond to al! telephone inquiries, excepting only those telephone inquiries for which a response by Inglewood is warranted in light of Inglewood’s ability to provide a solution. Inglewood shall follow al! procedures specified by DMV, and shall act in accordance with the California Vehicle Code when registered vehicle owners are identified. 2.6 VERIFICATION OF OWNERSHIP. With each attempt to verify ownership through DMV, the System shal! ensure that adequate identification of registered vehicle owners and verification procedures are utilized which take into consideration, at the very least, the following factors: - Issuance of new license plates. - Address changes. - Transfer of ownership. - License plate transfers to other vehicles (subp!ated). - Name changes. - Validity of plates and registration during specific time periods applicable to individual cases ("as of" date). 2.7 NOTIFICATION TO LESSEE AND/OR SECOND REPORTED OWNER. Inglewood shall notify by mail any delinquent lessee and/or second reported owner whose name and address is provided in the information received from DMV. Each such notification shal! be considered a separate Notice. Inglewood shall follow the lien process established under California law before it shall proceed against a subsequent purchaser of a used vehicle which has been cited by City. 2.8 VEHICLE REGISTRATION HOLDS. The System shall automatically place a hold with DMV on the registration of vehicles for which Cites .and fees remain unpaid by the registered owners of such vehicles in accordance with, and within the time period provided in, the California Vehicle Code and other applicable laws. The commencement of the time period from the date of the Notice will be specified by City, or as that minimum time period may be established and amended .in the California Vehicle Code. Inglewood shal! transmit such holds to DMV, via on-line computer system transmission, for al! Cites that have not been satisfied. 2.9 REMOVAL OF REGISTRATION HOLDS. Once a registered vehicle owner remits the entire amount of fines, penalties, and fees due on unpaid parking Cites to the satisfaction of City, the System shall electronically notify DMV within twenty-four (24) hours to remove the registration hold on that vehicle. 2.10 OUT-OF-STATE CITES. The System shall handle Cites against vehicles with out-of-state registrations separately according to the same procedures as those arising from in-state Cites. If such Cites become delinquent,. Inglewood shall attempt a minimum of two (2) times to electronically request the registered vehicle owner’s information from the motor vehicle agency of the appropriate state. Should the out-of-state agencies institute a charge for this service, City wil! be given the option of paying these costs or instructing Ing!ewood to deactivate this portion of the System’s software. Inglewood shal! mail a Notice to the registered vehicle owner, and shall request that the registered vehicle owner remit the penalty amount made payable to City. 2.11 SUSPENSION OF PROCEDURES. The System shall suspend the handling of any Cites issued by City upon receipt of appropriate notice by City. 2.12 ASSISTANCE WITH CITE DESIGN. Upon request of City, Ing!ewood shal! provide any assistance required in the design or procurement of a standardized Cite form for use by City. 2.13 QUALITY CONTROL. The System shall have established quality control procedures which will provide a second check on the accuracy of all Cites and dispositions entered to the System. 2~14 USE OF APPROVED FORMS. All forms, delinquency notices, and correspondence sent by Inglewood shall conform to applicable law and shall be initially approved by City. 3.1 3.2 3.3 3.4 SECTION 3 -- REPORTS AND DOCUMENTS STORAGE Inglewood shall provide on-line access to City the following monthly reports within three (3) calendar days of the last day of the preceding month at no additional charge to City: 3.1.1 FINANCIAL. reports-. Revenue reports and violation tracking 3.1.2 MANAGEMENT. port. Violation statistics and officer re- 3.1.3 FIELD. Habitual offender reports showing vehicles with five (5) or more delinquent Cites with a tota! bail amount of at least two hundred dollars ($200.OO). 3.1.4 OUT-OF-STATE. reports. Statistical and year-to-date revenue 3.1.5 SPECIAL.Special reports as requested by City (including ad hoc reports). CLOSED Violation REPORT. Ing!ewood sha!l provide to City access (on-line or otherwise) to a quarterly closed violation report within twenty-one (21) calendar days after the c!ose of each calendar quarter. INGLEWOOD FILES. Inglewood shall maintain computer files in standard format on each Cite referred to Ing!ewood for handling under this Agreement. Such files shal! include al! records of payments, collection efforts, disposition, and any and all other information required to provide an audit trai!. Inglewood shal! provide City with a file layout describing the manner in which the data is stored and a listing of specia! codes for file descriptions. RECORD RETENTION AND STORAGE. During the term of this Agreement, inglewood shall retain each Cite and payment information in its headquarters office and a duplicate copy of such Cite and the payment history at an off-site location on behalf of City. Upon City’s request, Ing!ewood shal! provide to City a back-up of the documentation on magnetic tape for the period of twelve (12) months immediately preceding the date of City’s request. Inglewood shal! provide disposition forms and batch control forms, and shall file and retain dispositions forms in its headquarters office. Inglewood shall store the Cites and records received hereunder at no additional costs to City. SECTION 4 -- COSTS OF DOCUMENT DELIVERY 4.1 The costs and expenses of mailing, delivering, or transmitting a Cite, record, report, document, data, or writing shall be borne (as between the parties) by the party making such mailing, delivery, or transmittal, except as otherwise provided. EXHIBIT "B" !.I 1.2 1.3 1.4 1.5 1.6 City shall pay Ing!ewood for services rendered, as follows:~ Fl~t rate per Cite issued and electronically transferred: $0.95 - if paid before notice; and $0.32 - for each Cite noticed. Flat rate per Cite issued and manually processed: $0.95 - if paid blfore notice; and $0.32 - for each Cite noticed. There is a charge of 95 cents for each Cite that does not require the sending of a Notice which is entered and processed by City. There is a charge of $1.27 for any Cite for which a Notice has been prepared. The provisions of Section i.I and 1.2 of this Exhibit "B" assumes Notices are prepared within fourteen (14) days of issue, or other time period decided by the Project Manager. Out-of-state Cites will be billed in accordance with the flat rate per Cite set forth in this Section 1.2 to Exhibit B. Telecommunication access for modem line shall be paid for by Inglewood, which shall be reimbursed by City up to the amount of $3,800 for costs incurred during the first year of the Agreement. City will reimburse Inglewood for the cost of procuring the performance bond. Such annual procurement cost shall not exceed five hundred dollars ($500). There is a charge of seventy-five dollars ($75.00) per magnetic tape (requested on a quarterly basis) for providing City with any number of current parking violation master tapes showing all activities handled. City will pay for the prevailing U.S. first class postage, plus a mailing service charge at a current cost of 5 cents (not to exceed 8 cents in future charges) for each Notice that City chooses to be mailed by Ing!ewood. Mailing services are optional and may be initiated or discontinued by City at any time. City may also direct Ing!ewood to communicate by. electronic means any documents to be mailed to a private mailing house, the City, or to any other !ocation suitable to accepting electroniccorrespondence. EXHIBIT "C" City’s Request for Proposal for Parking Citation Processing Services and Inglewood’s Proposa! response are hereby attached.