1998-045 - Authorizing Town Manager to execute a three year agreement and future annual extension for up to two years with Enforcement Technologies to process parking citationsRESOLUTION 1998 -45
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE A THREE YEAR AGREEMENT
AND FUTURE ANNUAL EXTENSION FOR UP TO TWO YEARS WITH ENFORCEMENT
TECHNOLOGIES TO PROCESS PARKING CITATIONS
WHEREAS, the Town of Los Gatos desires to enter into an agreement for the processing
of parking citations; and,
WHEREAS, Enforcement Technologies has processed the Town's parking citations for the
past five years; and,
WHEREAS, the service provided to the Town has been outstanding; and,
WHEREAS, the cost for their service will not increase,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that the Town Manager is authorized to execute an agreement with Enforcement
Technologies, Inc. to process parking citations.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of April, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: LfaC/
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: ,
CLERK OF THE TOWN OF)LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR PROCESSING PARKING
This Service Agreement is made by and
Technology, Inc., hereinafter referred to as
Town of Los Gatos, hereinafter referred to
tered into this day of 1998.
n"MCE OF THE TOWN CLERK
CITATIO%
JRD
RF,C
betwe ra n orcemen
"Contracai+► 5
as "Agency" and en-
The parties intend by this Agreement to provide for the
processing of fines, penalties and forfeiture thereof, in
connection with the issuance of citations for illegal parking
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
1.1 REFERRAL AND RECONCILIATION. Contractor shall receive
and process parking citations which the Agency mails or delivers
to it. The Agency shall deliver, mail or transmit all parking
citations issued each month. Contractor will provide a daily
reconciliation of the number of citations delivered by the
Agency.
1.2 COMPUTER PROGRAMS AND HARDWARE. Contractor will pro-
vide all the computer programs, written procedures and other
supporting items used in carrying out the purpose of this Agree-
ment. A reasonable amount of AutoCITEs will be provided by
Contractor 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 hardware, 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
Departments 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 will be made
directly to the Contractor. DMV registration holds will be placed
on vehicles having unpaid parking fines and fees due against
those vehicles according with the California Vehicle Code and 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 satifies 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 all the processing
required by the Agreement, even after the termination of the
Agreement.
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1.4 SUSPENSION OF PROCESSING. Contractor shall suspend
processing any citation referred to it for processing upon
written notice to do so by the Agency. Contractor shall maintain
records indicating any suspension of a citation as a result of
Agency's request. Contractor shall be paid the contractual rate
hereinafter provided for processing these suspended citations.
1.5 COMPUTER SYSTEM. Contractor, under Option 2, will
provide Agency with on -line capability at the Agency location for
inquiry into the system for retrieval of parking citation infor-
mation. This capability will be in the form of an IBM AT compat-
ible hardware and software system at the Agency location. This
system will also provide for daily, weekly and monthly management
and statistical reporting as agreed upon by both parties.
1.6 CONTESTED CITATIONS. In the event a registered vehi-
cle owner disputes the liability for the outstanding parking
citation, the Contractor shall advise the registered vehicle
owner of his /her right to request a court appearance.
1.7 CITATIONS DISPOSED OF BY THE COURT. The Contractor
may be required, as a result of court action , to reduce or
cancel, on an individual basis, parking citations which have been
referred to it. Contractor shall be paid the contractural rate
hereinafter provided for processing the citation regardless of
the outcome of the court action. Contractor shall maintain
records indicating any reduction or cancellations of parking
citations as a result of court action.
1.8 AGENCY PROCESSING. The Agency may elect to assume the
majority of the proccesing described in section 1.3 above at a
time most beneficial to the Agency. Contractor will continue to
provide the DMV interface for registered owner information 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 listed in
Option 2 of the Schedule of Fees.
1.9 OUT -OF -STATE CITATIONS. Out -of -State citations will
be entered and processed the same as in -state citations. If they
become delinquent a collection follow -up process will be complet-
ed by the Contractor. Requests for registered owner information
will be sent to the appropriate state agency and delinquent
notices will be mailed. The fine and penalty amounts will be
requested from the registered owner and instructions issued for
payment to be to the Contractor.
1.10 COLLECTION AND DEPOSIT OF FUNDS. The Agency shall
collect and deposit monies received for the payment of parking
citation fines and fees.
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ARTICLE II - GENERAL
2.1 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 with the
guidelines set up by the Court and Agency. Court hearings and
Administrativv Reviews will be scheduled by the Contractor, under
strict guidelines of the Court District 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
Make any communication, oral or written, regarding
potential legal action.
2.3. USE OF APPROVED FORMS. All forms, delinquency notices
and correspondence sent by the Contractor must conform to State
and local law.
ARTICLE III - COMPENSATION
The Agency shall compensate the Contractor for services
according to the Schedule of Fees attached hereto and the terms
of this section 3.
3.1 PROCESSING SERVICES. For performance of the
processing services described in section 1, the Agency will pay
the Contractor the rate set forth on the Schedule of Fees,
Attachment A, for each parking citation processed by the
Contractor, regardless of the ultimate disposition or
processability of such citation. Out -of -State follow -up
Collection Services and Special Collection Processing Services
are in addition to regular processing and described in the
Schedule of Fees.
3.2 BILLING AND PAYMENT PROCEDURES. Contractor shall
provide the Agency on a monthly basis with a statement and fee
analysis which accurately reflects the fees earned during the
preceding period. The Agency shall either approve or reject the
statement and fee analysis. If these documents are rejected by
the Agency, Contractor will be notified, and both parties shall
use their best 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
has agreed to pay the Contractor shall be raised immediately to
offset the direct effect of the postal increase paid by the
Contractor.
ARTICLE IV - TERM OF AGREEMENT
4.1 The Period of Performance under this Agreement shall
be for three (3) years and shall commence upon the approval as
attested by the signing by the Agency and the Contractor.
4.2 The term of the Agreement will automatically be
renewed annually for additional one (1) year periods by the
mutual agreement of both parties.
4.3 Price increases may be requested by the Contractror,
thirty (30) days prior to the anniversary date of the Agreement.
Any increase in price for this Agreement, excepting postage in
paragraph 3.3, shall be approved by the Agency.
4.4 This Agreement may be terminated by either party upon
thirty (30) days written notice to the other party, after one
hundred eighty (180) days from the date of execution of the
Agreement.
ARTICLE V - CONFIDENTIALITY
5.1 MATERIALS CONFIDENTIAL. All reports, information, data
files and tapes furnished or prepared by the Contractor, it's
sub - contractors, successors or assigns (to the extent hereinafter
allowed) for the purpose of transmittal to the Agency pursuant to
this Agreement are confidential.
5.2 CONSENT REQUIRED FOR DISCLOSURE. No report,
information, data files or tapes furnished or prepared by the
Contractor or it's sub - contractors, successors or assigns, shall
be made available to any individual or organization without the
prior written approval of the Agency, other than individuals or
organizations who are reasonably necessary to effectuate the
terms and conditions of this Agreement.
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ARTICLE VI - CLAIMS AND ACTIONS
6.1. REASONABLE ASSISTANCE OF CONTRACTOR. In the event any
claim or action is brought against the Agency relating to
Contractor's performance or services rendered under this
Agreement, the Contractor shall render any reasonable assistance
and cooperation which the Agency might require.
6.2 AGENCY COOPERATION. In the event any claim or action
is brought against the Contractor relating to the Contractor's
performance of services rendered under this Agreement, the
Agency, in writing, within five (5) days, of said claim or action.
Agency shall render any reasonable assistance and cooperation
which the Contractor might require.
6.3 INDEMNIFICATION BY CONTRACTOR. Contractor agrees to
indemnify and hold Agency harmless against any and all liability,
costs, and expenses, including attorney's fees, occasioned by
claims or suits for loss or damages arising out of acts of the
agents, servants, employees, successors, or assigns (to the
extent hereinafter allowed) of the Contractor during the term of
this Agreement.
6.4 INDEMNIFICATION BY AGENCY. Agency agrees to indemnify
and hold Contractor harmless against any and all liability,
costs, and expenses, including attorney's fees, occasioned by
claims or suits for loss or damages arising out of acts of the
agents, servants, employees, successors, or assigns (to the
extent hereinafter allowed) of the Agency during the term of this
Agreement.
6.5 INSURANCE. Contractor shall, at its expense, provide
general public liability insurance, in an amount not less than
$1,000,000.00, with the Agency named as an additional insured,
and with the insurance carrier and form of policy subject to
approval by the Legal Council of Agency. Contractor shall
provide a certificate of insurance, showing the Agency, its
officers and employees, as an additional insured, with a
provision that the policy shall not be cancelled or terminated
except upon thirty (30) days prior written notice to Agency.
Upon request by Agency, Contractor shall furnish the original or
a copy of such insuance coverage, which shall be maintained at
all times during the term of this agreement. In addition to the
said liability insurance, Contractor shall provide and maintain
workers' compensation insurance as required by law and shall
furnish a certificate to the Agency showing such coverage in
effect.
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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 tc
licenses, taxes, corporate regulations, and collection practices.
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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
28 Hammond, Suite C 110 E. Main Street
Irvine, CA 92618 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.:
M
Ti
TOWN OF LOS GATOS:
Ln
Title DAVID KNAPP, TOWN MANAGER
FA
APPROVED AS TO FORM:
ORRY KORB, TOWN ATTORNEY
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
ATTACHMENT A
SCHEDULE OF FEES
The processing fee per citation for the period of this Agreement
will be based on one of the following options:
option #1 - service Bureau
RATE PER CITATION ISSUED: $1.00 (Level C)
All costs of base citation processing are included in this price.
AutoCITE HANDHELD COMPUTERS: $100 /AUtoCITE Month
The AutoCITE units will be available on a monthly rental basis of
$100 per month per each AutoCITE Model 160 ($125 for the Model
288). 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 charge per
citation issued manually.
OUT -OF -STATE FOLLOW -UP COLLECTION PROCESSING: The fees for Out -
of -State citation follow -up collection 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 information 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 ISSUED: $.50
AutoCITE HANDHEL COMPUTERS: $100 /AutoCITE /Month
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