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HomeMy WebLinkAbout2001-04-30 City Council (2)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: POLICE 5 DATE: SUBJECT: APRIL 30, 2001 CMR:211:01 APPROVAL OF AMENDMENT TO CONTRACT #C6084045 BETWEEN THE CITY OF PALO ALTO AND THE CITY OF INGLEWOOD TO EXTEND THE CONTRACT THROUGH JULY 30, 2001 FOR PARKING CITATION SERVICES RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the attached amendment to Contract #C6084045 with the City of Inglewood to provide a ninety-day extension through July 30, 2001,.to the current contract for parking citation services. BACKGROUND On April 1, 1996, Council approved a one-year contract with the City of Inglewood to provide computerized parking citation handling services and authorized the City Manager or his designee to renew the contract for up to four consecutive one-year terms (CMR:203:96). The term of this contract expired on March 30, 2001. DISCUSSION Since 1992, and as a result of two separate Requests for Proposal (RFP) processes, the City has had an agreement with the City of Inglewood for the handling of parking citations. During the last RFP process in 1996, the City of Inglewood submitted the only proposal that met the criteria that had 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. Staff has been very pleased with the quality of Inglewood’s services and associated costs. A new RFP has been developed and was to have been sent out to potential vendors three CMR:211:01 Page 1 of 2 months ago. However due to staffing turnover in the Purchasing Division of the Administrative Services Department, there has been a delay in distributing the RFP. As a result of the delay, the current contract with the City of Inglewood has expired. Staff is recommending the extension of the current contract for a period of 90 days in order to allow. potential vendors enough time to develop and submit proposals and to allow staff adequate time for evaluation of those proposals. RESOURCE IMPACT Funds for the contract extension are available in the Police Department’s 2000-01 budget. POLICY IMPLICATIONS This report does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This program is not a project as defined by the California Environmental Quality Act (CEQA) and is not subject to CEQA requirements. ATTACHMENTS Attachment A: Attachment B: PREPARED BY: DEPARTMENT HEAD: Contract Amendment CMR:203:96 LESLIE JENNINGS Police Administrator PATRICK DWY~Ei~ Chief of Police CITY MANAGER APPROVAL: EMILY’~ARRISON Assistant City Manager CMR:211:01 Page 2 of 2 AMENDMENT NO. 1 TO CONTRACT NO. C6084045 BETWEEN THE CITY ~OF PALO~ALTO AND CITY OF INGLEWOOD FOR NOTICE OF DELINQUENT PARKING VIOLATIONS SYSTEM-ONLY SERVICES This Amendment No. I to Contract No. C6084045 ("Contract") is entered into April I, 2001, by-and between the CItY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and CITY OF INGLEWOOD, a charter City of the State.of California, located at 1 Manchester Blvd., Inglewood, CA 90301 ("INGLEWOOD"). RECITALS: WHEREAS, the Contract was entered, into between the parties for the provision of Parking Citation Processing Services; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the convenants, terms, .conditions, and provisions,of this Amendment,the parties agree: SECTION I. as follows: Section 1.2.1 is hereby amended to read "Extend the contract for an additional three-month period, through and including July 30, 2001." SECTION 2.Except as herein modified, all other provisions .of the Contract, including .any exhibits and subsequent amendments thereto, shall remain in full force and effect. // II II // // 010418 cl 0044102 1 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. CITY OF PALO ALTO CITY OF INGLEWOOD M~yor Mayor ATTEST:ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager Director of Administrative Services Police Chief Risk Manager 010418 C! 0044102 2 TO: FROM: AGENDA DATE: SUBJECT: City of Palo Alto City Manager’s Report HONORABLE CITY couNCIL DEPARTMENT: CMR:203:96 CITY MANAGER April. 1, 1996 POLICE Agreement with the City of Inglew0od for Parking Citation Processing REQUEST 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 fo~consecutive one year terms. Funds for the current year are includedin 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 attached agreement with the City of Inglewood for a one year period, with an option for up to four consecutive one year terms, for handling and processing 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 tl~ee 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 I of 3 illness, and additional work associatedwith 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 flat 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 $49,80.0, are currently in the Police Department’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’ACHMENTS Attachment A: Vendor Response Agreement PREPARED BY:Dave Dudley, Parking Services Supervisor Lyune Johnson, Assistant Police Chief ~ DEPARTMENT HEAD REVIEW:~- DURKIN, Police Chief CITY MANAGER APPROVAL: S~ " BERNARD M.TRO~CY,-A’ssist~ityManager CMR:203:96 Page 3 of 3 AGI%EEM~TT BETWEEN THE CITY OF INGLEWOOD AND THE 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.prop0sal which City staff has determined meets City’s parking citation services criteria; and WHEREAS, Inglewood 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" (individually, ,,cite,, and, collectively, "Cites"), the handling of de!~.%quent Cites hhrough judicial procedures, or the rendering of customer services, under terms and conditions mutually acceptable to the parties; NOW, THEREFORE, in consideration of the following covenants,.terms and conditions, the parties agree: ARTICLE 1.0 Term and Termination. i.I The .basic term of this. Agreement shall be for a period of one (i) year, commencing April I, 1996, and the term may be extended at the option of City for four (4) consecutive one-year terms, subject to the sooner termination, of this Agreement. 1.2 The extension of the basic term shall be contingent upon the following: 1.2.1 City’s city manager ("City Manager") approves of the extension and the council of the City of Palo Alto ¯ appropriates funds to pay for Inglewood’s services to be rendered during such extension terms; 1.2.2 The City Manager determines, in writing, that Inglewood is fulfilling its obligations under, and is otherwise in compliance with the provisions of, this Agreement. 1 1.2.~ The parties agree to .an extension of the Agreement under mutually acceptable terms and conditions. 1.3 This Agreementmay 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 c~use, upon the giving of thirty (30) calendar days’ prior written notice to Inglewood. Upon receipt of such notice, Inglewood shall cease rendering se~ices 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 Agreement, without cause, upon thegiving 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) calendar d~ys 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 continuingto 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, Inglewood shall cease to incur any. additional expense without the prior written consent of the City Manager, provided, however, at City’s option, Inglewood shall complete its se~-~ice obligations under this Agreement, including, without limitation, th~ handling of Cites until the effective date of termination and the furnishing of copies of all records, reports, documents, data, information and writings as.required herein to city. ARTICLE 2.0 Handlinq Services Provided by Inglewood. 2.1 Without limiting the generality of this Section 2.1, -Inglewood shall provide certain parking violations handling sez-vices, the details of which are more fully described in Exhibit "A", entitled "Scope of Handiing Services", as follows: 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 xyn 0070916 2 2.1.2 Provide City with a computer system, including software ("Computer System,) which allows access to the California Depar~nent of Motor Vehicles ("DMV") computer in an on-line mode to permit the retrieval, review, and input of information essential to the handling of Cites,and generally complying with all applicable laws, including DMVprocedures, in facilitating such access and in engaging in other necessary actions. Such access shall be made available at no cost t~ City, unless. DMV institutes an access charge, in which case the access charge shall 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 f6r back-up purposes on a quarterly basis at a cost of seventy-five dollars ($75) per tape formal1 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 problems associated with, inter alia, 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, ~nd verifying, on a monthly basis or other frequency acceptable to the Project Manager, 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 (5) through (ii) are supplied only by City: ii. 5.Cite issue time; 6.Cite date; 7..Cite number; 8.Location where Cite is issued; 9.Name of issuing agency; i0.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 ~yn 0070916 2.1.6 Provide City with initial and recurring training and computer documentation or operations manuals supporting access to the System which will 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 toa Computer System which will 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 applmcable law and wmth~n the time frame as may ~e established, in writing~ by City. 2.1.8 Provide City with the opportunity to review via on-line terminals and approve all standardized forms, reports, notices and letters in the System to be used by Inglewood in performing services hereunder. 2.1~9 Provide city with the right to audit the System and a Computer System used-pursuant to the performanhe 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-compatible, minimum 486), I00 MHZ Pentium, 1 GB Hard Disk Drive, 16 MB 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.Manager who shall be responsible for directly communicating with City representatives and for the execution of Inglewood’s obligations under this Agreement. 2.1.14 Provide City With such .others services as may be requested by City during the term of this Agreement, including, withoutlimitation, such assistance and cooperation as may be requested by City in the event a claim or action is brought against City relating to Inglewood’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, Inglew0od shall not do or undertake any of the following without the express prior written permission of the Project Manager: 960312 s-yn 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 Ing!ewood 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 will 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 slmll perform services in a courteous, professional and inoffensive manner or as requested by the City Manager or the Project Manager. Other Responsibilities of Inqlew0od. 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. Inglewood will assist and cooperate with. any audit or inspection conducted pursuant to this Article 3.0. ARTICLE 4.0 Riqhts and Obiiaations 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 ~is 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 ~n 0~70916 4.2 City agrees to use reasonableefforts to assist and cooperate with Inglewood in such manner as may be requested by Inglewood’s PTS Manager. " 4.3 City agreesto participate in semi-annual user-group meetings which will be held at a location, date and time approved by the users of Inglewoo~’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 thi~ 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 asare.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 shall 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, orother documentation substantiating such costs during the regular business hours of Inglewood. !nglewood, at its sole option, may assess finance charges in an amount not to exceed ~-i/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 Inglewood, 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 confidential 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 Inglewood, and City agrees that it will exercise no rightof ownership in and to such information, except as otherwise expressly permitted herein or as authorized by law.~ City further agrees notto 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 Agreement without the prior Written approval of City. ARTICLE 7.0 . Insurance and Performance Bond. this 7.1 Inglewood shall self-insure against all. risks with respect to matters generally insurable under comprehensive general liability, comprehensive blanket crime, and workers’ compensation policies and against all acts or omissions of Inglewood, its officers, employees, 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 annual basis in accordance with the provisions of Section 7.1, and shall, state indetail the extent to which insurance coverage is automatically extended to or otherwise made ~vailable 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 doliars. ($50,000), which City determines will sez-ve 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. ARTICLE 8,0 Indemnification. 8~i Inglewood agrees to protect, defend, indemnify and hold harmless City,. 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 Inglewood, its officers, employeesi 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. 8.2 City.agrees to protect, defend, indemnify and hold harmless Inglewood, 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 disab, ility. 9.2 If Ing~ewood is found- in violation of the nondiscrimination provisions of this Agreement or applicable law in th~ performance of this Agreement, it s~all thereby be found in ¯ material breach of this. Agreement. City shall have the power and the right to terminate or suspend this Agreement, in whole or in part, or to deduct fr0~ any amount payable to Inglewood such sums as are authorized by the PaloAlto Municipal Code or by other laws to be deducted for each calendar daywhile such discrimination is occurring. ARTICLE I0.0 Notices i0.I All notices given hereundershall be delivered, in writing, by mail, postage prepaid, by facsimile transmission, or by personal delivery, and addressed to either party as set fort.h below, or to such other addresses as may be noticed in writing: TO Inglewood:City of Inglewood c/o Inglewood PTS One Manchester Boulevard Inglewood, California 90301-1750 Attn: Levi Jiminez, PTS Manager TO Palo Alto:City of Palo Alto Police Department P. O. BOx 10250 Palo Alto, California 94303 Attn: David Dudley, Project Manager ARTICLE II.0 Miscellaneous Provisions I.i.i Inglewood 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, employees, 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. 8960312 r!n 0070916 11.3 Inglewood in its relationship with City under this Agreement is a municipal agency and not an agent or employee of City. 11.4 This Agreement constitutes the final expression of the agreement between the parties, and it may not be modified exceptin 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 e~ither party of any fee or Uther consideration which may become due hereunder shall not be deemed to be a waiver Of any preceding breach by the other party of this AgTeement, 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 shall not render the Other provisions unenforceable, invalid, or illegal.. ii.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 INGLEW00D 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 00709[6 Deputy City Manager, Administrative Services Police Chief 10 EXHIBIT SCOPE OF HANDLING SERVICES 1.2 1.3 1.4 2.2 SECTION 1 -- ’ACCESS TO SYSTEM AND TRAINING ON-LINE TERMINAL AVAILABILiTYTO 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. Inglewood 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 will 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 shall be accessible by City via vehicle license number, vehicle identification number, registered owner’s name, and a violation number. Inglewood shall maintain security of the System by means of specific account numbers and passwords. 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 initial training) at City,. then City agrees to reimburse Inglewood for reasonable transportation, lodging and other incidental expenses actually incurred by Inglewood personnel who travel to the city of Palo Alto to provide on-site training as requested by City. RESPONSE TO CITY INQUIRIES. Inglewood shall respond to City’s telephone or electronic mail immediately. UPDATE MEETINGS. Throughout the performance of Inglewood’s sez-vice to City, the PTS.Manager shall communicate regularly with the Project Manager as required. SECTION 2 -’~ SERVICES COLLECTION OF CITES. City On a daily basis will electron- ically transmit to Inglewood all Cites which are generated in handwriting or by portable mechanical ticketwriters, and Inglewood shall provide the System which handles Cites .each evening, or sooner. RECONCILIATION. Inglewood will p~ovide an on-line report of the d~ily reconciliation of the number of Cites handled by Inglewood. 2.3 2.4 2.¸5 2¸.6 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 shall 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 shall be deemed appropriate by City. -Inglewood shall receive no additional compensation for handling a Cite that is resubmitted. 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 shall be of a design and format established and provided by City. 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 all telephone inquiries, excepting only those telephone inquiries for which a response byInglewood is warranted in ~light of Inglewood’s -=bility to provide a solution. Inglewood shall follow’all procedures specified by DMV, and shall act in accordance with the California Vehicle Code when registered vehicle owners are identified. VERIFICATION OF OWNERSHIP. With each attempt to verify ownership through DMV, the System shall 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 (subplated). - 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 shall be considered a separate Notice. Inglewood shall follow t~e 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 ofvehicles for which Cites .and fees remain unpaidby 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 byCity, or as that minimum time period may be established and amended .in the California Vehicle Code. Inglewood shall transmit such holds to DMV, via on-line computer system transmission, forall 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 DMVwithin twenty-four(24) hours to remove the registration hold on that vehicle. 2.10 OUT-0F-STATE CITES. The System shall handle Cites against vehicles with out-of-state registrations separately according to the s~me 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 will be given, the option of paying these costs or instructing Inglewood to deactivate this portion of the System’s software. Inglewood shall 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 ~pon receipt of appropriate notice by City. 2.12 ASSISTANCE WITH CITE DESIGN. Upon request of City, inglewood shall 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 withinthree (3) calendar days of the last~ day of thepreceding monthat no additional charge to’ City: 3:1.1 FINANCIAL. reports~ Revenue reports and violation tracking 3.1.2 MANAGEMENT. port. 3.1.3 Violation statistics and officer re- FIELD. Habitual offender reports showing vehicles with five (5) or more delinquent Cites with a total bail amount of at least two, hundred dollars ($200.00) . . 3.1.4 OUT-OF-STATE. reports. Statistical and year-to-date revenue SPECIAL.Special reports.as requested by City (including ad hoc reports). CLOSED Violation REPORT. Inglewood shall provide to City access (on-line or otherwise) to a quarterly closed violation report within twenty-one (21) calendar days after the close of each calendar quarter. INGLEWOOD FILES. Inglewood shall maintain computer files in standard format on each Cite referred to Inglewood for. handling under this Agreement. Such files shall include all records of payments, collection efforts, disposition, and .any and all other information required to provide an audit trail. Inglewood shall provide City with a file layout describing the manner in which the data is stored and a listing of special 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, Inglewo0d shall 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 shall 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.I 1.2’ 1.3 1.4 1.5 1.6 City shall pay Inglewood 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 bifore 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 thecost 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 c@nts in future charges) for each Notice ~hat City chooses to be mailed by Inglewood. Mailing services are optional and may be initiated or discontinued by City at any time. City may also direct Inglewood to communicate by electronic means any documents, to be mailed to a private mailing house, the City, or to any other location suitable to accepting electronic correspondence. EXHIBIT City’s Request for Proposal for Parking Citation Processing Services and Inglewood’s Proposal response are hereby attached.