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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 8 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