1993-040-Execute A Contract With Enforcement Technologies To Process Parking CitationsRESOLUTION 1993 -40
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
A CONTRACT WITH ENFORCEMENT TECHNOLOGIES
TO PROCESS PARKING CITATIONS
WHEREAS, bids have been duly received on a Request for Proposal to provide
parking citation administrative services, and;
WHEREAS, Enforcement Technologies, Inc. (ETEL) is the qualified low bidder;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that the Town Manager is authorized to execute a contract with Enforcement
Technologies, Inc. (ETEL) (attached as Exhibit "A ").
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of April, 1993, by the following vote:
COUNCIL MEMBERS
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Joanne Benjamin
NOES: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
AYOR OF THE WN OF LOS GATOS
LOS GATOS, CAL ORNIA
A'T'TEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AMARAMINT FOR PROCESSING PARKING CITATIONS
This Service Agreement is made by and between Enforcement
Technology, Inc., hereinafter referred to as "Contractor" and the
Town of Los Gatos, hereinafter referred to as "Agency" and en-
tered into this Y� /3 day of _4A/,,� 1993.
The parties intend by this Agreement to provide for the
Processing of fines, penalties and forfeiture thereof, in
connection with the issuances of citatir:,n� For illegal parb:ing
pursuant to the laws of the State of California. In the
furtherance of this purpose, the parties do hereby agree to the
following terms and conditions:
ARTICLE I - PROCESSING
1.7. REFERRAL
and process parking
to it. The Agency
citations issued
reconciliation of
Agency.
AND RECONCILIATION. Contractor shall receive
citations which the Agency mails or delivers
shall deliver, mail or transmit all parking
each month. Contractor will provide a daily
the number of citations delivered by the
1.2 COMPUTER PROGRAMS AND HARDWARE. Contractor wilj . pro-
vide all the computer programs, written procedures and other
supporting items used in carrying out the purpose of this Agree -
mr.nt. Aut0CITEs will be pr ovided by Contractor at a rate of
Z100.00 each per month, if so desired by the Agency. All such
hardware and software are and will remain the property of the
Contractor. Insurance coverage will be provided by the Agency
against damage, loss and /or theft of any and all computer hard-
ware, software and /or equipment supplied by the Contractor and
used by the Agency at the Agency location.
1.3 PROCESSING. Citations issued by the Agency will be
entered into the system and cleared upon disposition. Requests
for Registered Owner information will be sent to the appropriate
Department% of Motor Vehicles (DMV). The Notice of Illegal
Parking (NOI) will be generated to the Registered Owner and the
penalty or fine amount requested. Return payments wi1.1 be made
directly to the AGENCY. DMV reglstration holds will be placed on
vehicles having unpaid parking fines and fees due against those
vehicles according to the California Vehicle Code and other
applicable State and local laws. The Agency will be responsible
for any and all Court, State, and DMV charges for the hold
Placement. DMV holds shall be removed through DMV when the
registered owner satisfies the entire amount of parking citation
fines, fees and penalties due against the vehicle. Once the
Citations have been entered into the system, it will be the
Contractor's responsibility to complete 0.11 the processing re-
quired by the Agreement, even after the termination of the Agree-
ment.
1.4 SUSPENSION OF PROCESSING, Contractor Sha11 s;.ir. -,p end
processing any citation referred to it fur processing upon writ-
ten notice by the Agency. Contractor shall maintain rewrit-
indicating any suspension of a- Citation as a result of Agency's
request. Contractor shall be paid the contractual rate herd S'
nafter provided for processing these suspended citation,,
1• COMPUTER SYSTEM„ Contractor
Option;, can provide Agency with c;iZIuuder Additional Service
capability at the Agency .location far p or on-line inqu >ry
retrieval of Citation tn�i�nry into the system for
b °_ in the f ormt; pf gamodemandnanorasyncohronoussterminalitat Will
the
Agency location and will be charged atth, then prevailing rates.
1•C CONTESTER CIT41'10NS. In tht Ezvent a regii;twred vehi-
cle owner di^aputes the liability for the outstanding parking
citation, the Contractor shall advise the registered vehicle
owner ev his/her right to request 'Z, court appearance, administra-
tive review or hearing.
1.7 CITATIONS DISPOSED OF F +Y THE COURT. The Contractor
may be rec;ui red , as a result of court action
cancel, on ar individual ha >is to reduce cr
referred to it. Contractor shall rberg Citations which have been
hereinafter provided for processing c1tatioll
the OLItcome of the court action. Contractor shall maintain,
records indicating any reduction or cancellations as a result of court action. of park ng
1•8 AGENCY PROCESSING. The Agency may elec+ to assume the
majority of the processing descr•ihed in section .,3 above at e
p =erne most ben a:- rir.ia1 to the Agency. Contractor will r_ontinue to
provide the DMV interface for registered owner informatiorI and
hold placement and removal but all other processing functions
will be the Agency's responsibility. The corresponding compensa-
tion to the Contractor for this level of service is
Option 2 of the SC.hedule of Fees, listed in
1.9 OUT -OF -STATE CITATIONS. Out -of -State citations will
be entered and processed the same as ir,• -state citations. If they
become delinquent. a collection follow -up process will be complet-
ed by tiie Cdntractcir,. Requests for reg.lGterad owner i.nformatic!-1
will be sent to the appropriate state agency and delinquent
notices will be mailed. The f,i.ne and penalty amounts will be
requested from the registered owner and instructions iss
p®yment to the Agency. ued for
1.1:' COLLECTION AND DEPOSIT OF FUNDS. The Agency shall
collect. and Oeposit monies received for the payment of parking
citation fines and fees.
ARTICLE II - GENERAL
'.1 PUBLIC INQUIRIES. Telephone calls and correspondence
will be processed by the, Contractor. Matters of a judicial .
nature or administrative review that. may come to the attention of
the Contractor, will be handled by the Contractor .z ±h the guide -
l.i.nec set up by the Court and Agency. Court hearings and Admin-
.strat.ive Reviews will be scheduled by the Cont. - actor, under
s:tric't guidelines of the Court and the Agency.
2.2 CONTRACTOR LIMITATIONS. Contractor may not do any of
the following without Agency's prior approval, in writing;
1. Take any .legal action;
2. Threaten any legal action; or
S. Make any communication, oral or written, regarding
potential Iegal action.
=•3• USE OF APPROVED FORMS. All forms, delinquency notices
and correspondence
and local law. sent by the Contractor e must conform to State
ARTICLE III - COMPENSATION
The Agency shall compensate the Contractor for. services
according to 'the Schedule of Fees attached hereto and the terms
oi� this section 3.
3.1 PROCESSING SERVICES. For p -rte
processing services described a�Agencyof the
in section 1P the
the Contractor the ratty set forth on the Schedule of Fees,
At_tar_hment. A, for each parking citation processed by the
Contractor, regardless of the ultimate dl= position or
processability of such citation. put -of -St o
Collection Services and Spacial Collection Processing t_ follow-up
are in addition to regular s Services
Schedule of Fees. g processing and described in the
3•= BILLING AND PAYMENT PROCEDURES. Contractor shall
provide the Agency on a monthly
analysis basis with a statement and fwr.
which accurately reflects the fees earned during the
Preceding period. Tn Agency Shall either approve or reject the
statement and fee anaa lysis. the if these documents are rejected by
Agency, Contractor will be notified, and both parties shall
use their beat efforts to resolve the disputed items.
3•3 CONTRACT ADJUSTMENTS. If the postal rates increase
during the term of this Agreement , the compensation the Agency
agreed to pay the Contractor shall be raised immediately to
offret the direct effect of the postal increase paid by the
Contractor.
ARTICLE IV - TERM OF AGREEMENT
4.1 The Period of Performance under this Agreeme.
be for three (3) Years and shall nt shall
commence upon the ap�,roval l
attested by the sinning by the Agency and the Contractor.
4•2 The term of the Agreement will automati cal Iy be
renewed annually for additJOn
m" sal tt�.al agreement of
both al one (1) year periods by the
4.3 Price Prior MOY be requested by the Contractor,
*_hirty (36) da 5
An increase i.n rice for 'ary date of the Agreement„
Paragraph 3.3, must be negocilatPdgandmant, except.ir!9 postage in
Pproved by the Agency.
4'4 Th =�; Agreement may be terminated dy eitner party upon
thirty (3p) days writter notice 'to the other party, after one
hundred eighty (leo) days from the date of e;;ecution of the Agreement.
ARTICLE V - CONFIDENTIALITY
S.J. MATERIALS CONFIDENTIAL. All reports, :'formation, data
files and tapea furnished or prepared by the Contractor, it'm
sub - contractors, successor - <; ar, assigns (to the eContr hereinafter
al i cawed) for the purpose of tr ansmi tt«:l to the Agency pcirbu< ant to
this Agreement are confidential.
Z.2 CONSENT REOUTRED FOR DISCLOSURE. No report,
information, data files or tapes furnished or prepared by the
shall CtOr•` or it's sub -contract Ur S, SUCCeat5ors O�^ as'signeC'S,
shall be made available to any individual or !Eons zaiJ.on without
the prior written approval of ttie Agency, other than individuals,
to organicondits who are - reasonably necessary to effectuate the
terms and conditions of this Agreement.
ARTICLE VI - CLAIMS AND ACTIONS
6.;.• REASONABLE ASSISTANCE OF CONTRACTOR,
r -1 aim or action r In the event any
i, brought against the Agenc:v rziating to
Contractor's performance nr services rendered under. this Agnerren
wind coopt• the Contractor Shall render an :Ind Cooperation which. %' rea�onab.8 mS5i1'vit aiii: c=•
the Agency might require.
6.2 AGENCY COOPERATION. n the event an i
bp- c,ught against the Con r y claim or action
t actor relatir-�g to tree Contractor'
performance of services rendered under this Agreement, the Con s
-
tractor shall notify the Agency, i.n writing, within flue (5)
days, of said claim or- action. Agency Shall render any reason -
able assistance and couperation whi.Ch the Contractor might r -e --
quire,
6•.J )' NDEMNIFICATION BY CGtiTRACTOR, Contractor agrees to
indemnify and hold Agency harmlesz, against any and all liability,
costs, and expenses, includinc attorney's farts, ncCasinhed by
for
claims or suits loss ❑r damages ari -ping nut of arts o¢ t
agent.;, servants, employees, successors y
e -,:tent hereinafter allowed) of tr,� Comtractor during (to the
this Agreement. the term cf
6.4 INDEMNIFICATION BY AGENCY. Agenc-y agrees to indemnify
and hold Contractor harmless against any and a -1 liability,
costs, and expenses, )nclu.ding attorney's fees, occasianeo by
claim -, or suits for loss or damages arising out of acts of the
agents, servants employees., successors, or assignee: (to the
A>: eem hereinafter allowed) of the Agency during the term of tr�i,,
Anreement.
6.5 INSURANCE. Contracto^ shall, at its e:;pense, provide
general public liability insurance, in an amount not less than
S1,oclo, ow. 00, with the Agency named as an additional Insured,
and with the insurance carrier and form of policy subject to
approval by the Legal Cnun5E1. r Agency. C t,.
vide a c:er- tificatr. of insUrr ancP, sh a wi ng•th6aoAtr c',C ..r shall pro -
and employees, as an additional insured, withganc -y' its officers;
the policy shall not be canceled or terminatPGrovision that
thirty (30) days prior written not >ccs to Agency. d e),cept upon
Agency, Contractor shall furnish the original ap Copy request by
insurance coverage, which shall oa maintained at al; times s cl
the term of this agreement. in addition to the Saidimllabilitgy
insurance, Contractor shall provide and maintair+ worrker%' camper
cation insurance as required by law and shall furnish a Certif:i -
c:ate tc the Agency showing such coverage in effect.
ARTICLE VII - SUB-CONTRACTING AND ASSIGNMENTS
7.1 SUB-CONTRACTING. Contractor is authorized to engage
sub-contractors within the State of California at the
Contractor's expense. Contractor shall notify Agency of the
name, address and other personal information reasonably requested
by agency regarding any proposed sub-contractor, within 24 hours
after Contractor retains said services. If Agency disapproves of
the use of such sub-contractor, Contractor shall immediately
cease to use same on Agency's account. This approval by the
Agency may not be unreasonably withheld.
7.2 ASSIGNMENTS. This Agreement may not be assigned
without the prior written consent of the Agency.
ARTICLE VIII ^ INDEPENDENT CONTRACTOR
8.1 CONTRACTOR'S RELATIONSHIP. The Contractor's
relationship to the Agency in the performance of this Agreement
is that of an independent Contractor. Personnel performing
services under this Agreement shall at all times be under the
Contractor's exclusive direction and control and shall be
employees of the Contractor and not employees of the Agency.
Contractor shall pay all wages and salaries and shall be
responsible for all reports and obligations respecting them
relating to social security, income tax withholding, unemployment
compensation, worker's compensation and similar matters. Neither
Contractor nor any agent or employee of Contractor shall obtain
any right to retirement benefits or other benefits which accrue
to employees of the Agency, and Contractor hereby expressly waives
any claim it might have to such rights.
8^2 EQUAL OPPORTUNITY EMPLOYER" Contractor is an Equal
Opportunity Employer and does not discriminate in the hiring,
firing, or other employment practices engaged in by it.
ARTICLE IX - ENTIRE AGREEMENT
9"1 INTEGRATED AGREEMENT. This contract is intended by the
parties as a final expression of their Agreement and also as a
complete and exclusive statement of the terms thereof, any prior
oral or written Agreement regarding the same subject matter
notwithstanding" This Agreement may not be modified or
terminated orally, and no modification or any claim of waiver of
any of the provisions shall be effective unless in writing and
signed by both parties.
9.2 LAW APPLICABLE. Contractor agrees to comply with all
laws within the State of California governing the conduct of
business, including but not related to laws pertaining to
licenses, taxes, corporate regulations, and collection practices.
6
9.3 NOTICES TO PARTIES, Any notice required under this
Agreement to be given to either party may be given by depositing
in the United States mail, postage paid, first-class, a notice
addressed to the following:
Contractor:
Agency:
Enforcement Technology, Inc.
Town of Los
Gatos
3002 Dow Avenue -
Suite 502
110 E. Main
Street
Tustin, CA 9268(-.)
Los Gatos,
CA 95030
WHEREFORE
the parties
hereto have
entered into
the
Agreement on the
day and year
first hereinabove
written.
The
agreement is to be
prepared in
duplicate and
after acceptance
by
the Agency, a
duplicate copy
shall be
forwarded to
the
Contractor.
ENFORCEMENT TECHNOLOGY, INC":
uy
Tii:le
DATE z
T( OF LOSf Os
F� ; T) --- 111 11 %F_
DAVID W. NAPP,
Title
ATTEST:
V. COSGROVE, TOWN QJERK
ATTACHMENT A
SCHEDULE OF FEES
The processing fee per citation for the period of this Agreement
will �e based on one of the fn lowing options�
Option #1 - Service Bureau
RATE PER CITATION ISSUED: $1^00 (level C>
All cnsts of base citation processing are included in this price.
AutoCITE HANDHELD COMUTERS: $10(_)/4utoCITE/Month
The AutOCITE units will be available on a monthly rental basis
of $100 per month per each A�jtoCITE Model 160 ($125 for the Model
�88). Use of the AutoCITE system provides for electronic data
entry and electronic transfer of citation data to the ETEC Pro-
cessing Center A data entry fee of $.25 will be charged per
citation issued manually.
OUT-OF-5TATE FnLLOW-UP COLLECTION PROCESSINO� The fees for Out-
of-State citation follow-up collec+ion processing shall be thir-
ty-five percent (35%) of the revenue received on Out-of-State
citations that become delinquent^
BACKLOG CITATION PROCESSING: All original citations, accompanied
by all dispositions for the same Period, defined as the backlog,
Will be processed by Contractor at $1.00 per citation.
ADDITIONAL FEES: A second notice, after the delinquent notice of
illegal parking, may be sent to lessees, second registered owners
and second addresses for an additional fee of $.39 per notice,
which includes postage"
HABITUAL OFFENDER LETTERS: Habitual Offender Letters will be
prepared on city letterhead or on Parking Enforcement Center
(ETEC) letterhead or both, accompanied by corresponding
delinquent citation informatirn from the habitual offender
hotsheet report at a rate of $.59 per letter mailed.
* A MINIMUM FEE OF $600 PER MONTH (Includes 3 AutoCITEs)
WILL BE CHARGED ON ALL MONTHLY INVOICES
Option #2 - In-House Operation by
Agency with DMV Interface by ETEC
RATE PER CITATION ISCUED: $.5C
AutoCITE HANDHELD COMUTERS: $1 00/AutoCT1_ E/Month
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ATTACHMENT B
SCHEDULE OF EQUIPMENT INSTALLED
SYSTEM COMPONENTS:
DESCRIPTION
1 AutoClTE Host Software
1 AutoCITE
I Charger
MODEL#
or VERSION
___________
______________________
SERIAL# INSTALL
DATE
Ver. 5.55 completed when installed
160 or 288 completed when installed
M/C04/8/16 completed when installed
The Contractor provides all the computer programs, hardware,
written procedures and other supporting items used in carrying
out the purpose of this Agreement. All such hardware and soft-
ware are and remains the property of the Contractor and cannot be
copied, sold, transferred or given to any other person, agency or
c"mpany. Insurance coverage will he provided by the Agency
against damage, loss and/or theft of any and all computer hard-
ware, software and/or equipment supplied by the Contractor and
used by the Agency at the Agency location.
INSTALLED BY; RECEIVED BY:
PRINT NAME PRINT NAME
----------'-------------- -------------------------
SIGNATURE SIGNATURE
9