HomeMy WebLinkAboutResolutions - No. 92-67RESOLUTION NO. 92-67
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AGREEMENT FOR PROCESSING PARKING CITATIONS
BETWEEN THE CITY OF LODI AND WEST-COMPUTIL CORPORATION
RESOLVED, that the Lodi City Council does hereby approve an
agreement between the City of Lodi and West-Computil Corporation for
the processing of fines, bail and forfeiture thereof, in connection
with the issuance of citations for illegal parking pursuant to the laws
of the State of California; and
RESOLVED, that said agreement shall be for an initial period of
one (1) year commencing as of the last date of signature at a cost of
$1.10 per citation; and
BE IT FURTHER RESOLVED, that the City Council hereby authorizes
the City Manager and City Clerk to execute the agreement on behalf of
the City.
Dated: April 15, 1992
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I hereby certify that Resolution No. 92-67 was passed and adopted
by the Lodi City Council in a regular meeting held April 15, 1992 by
the following vote:
Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider
and Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Q w % 166wi
Alice M. Reimche
City Clerk
92-67
RES9267/TXTA.02J
;', AG1 'MENT FOR PROCESSING PART G CITATIONS
This Agreement is made and entered into, in duplicate originals,
between
"West-Computil Corporation"
a California Corporation
18700 Beach Boulevard, Suite 110,
Huntington Beach, California 92648
(hereinafter sometimes referred to as COMPANY")
AND
"City of Lodi"
P.O. Box 3006
Lodi, CA 95233
(hereinafter sometimes referred to as "PUBLIC ENTITY"),
is made and entered into as of this day of , 1992.
The parties intend by this Agreement to provide for the processing of
fines, bail and forfeiture thereof, in connection with the issuance
of citations for illegal parking pursuant to the laws of the State of
California.
ARTICLE I - CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and process
parking citations which COMPANY shall receive from PUBLIC ENTITY.
COMPANY will provide a reconciliation of the number of citations
received from PUBLIC ENTITY. The PUBLIC ENTITY will be notified of
discrepancies in citation counts received for processing.
1.2 Determination of Processable Citations: COMPANY shall screen
the parking citations referred to it by PUBLIC ENTITY to determine if
the citation is processable. If the citation is determined by
COMPANY to be unprocessable (e.g., essential processing information
is missing), COMPANY shall return the citation to PUBLIC ENTITY
within seven (7) days for clarification. COMPANY will be paid the
contractual rate hereinafter provided, for citations properly
returned to the PUBLIC ENTITY as unprocessable.
1.3 Collection and deposit of funds: A "direct deposit" system
shall be employed for all funds received in payment of citations.
The PUBLIC ENTITY shall own -the account and deposits shall be made
directly into the account by the COMPANY for the collecting PUBLIC
ENTITY. The COMPANY will invoice the PUBLIC ENTITY for services
rendered. Payment in full shall be due within thirty (30�) days after
which interest shall be accrued at the rate of 12% (or lower if any
statutes, rules or regulations prohibit this rate).
1.4 Identificat t of Registered Vehicle Oz rs: COMPANY shall
make up to ten (iv) requests to obtain the name and address of the
registered vehicle owner from the California State Department of
Motor Vehicles. The number of attempts made to obtain information
from the appropriate out-of-state Department of Motor Vehicles for
each respective out-of-state registered vehicle for which a
parking citation has been issued but payment has not been received
within the required time period will be discretion of COMPANY.
1.5 Verification of Ownership: COMPANY will take reasonable
measures to identify and verify registered vehicle owners. Such
measures will take into consideration factors such as issuance of
new license plates; address changes; license plate transfers to
other vehicles; name changes; and the validity of plates and
registration during specific time periods applicable to individual
cases.
1.6 Delinquency Notices: In accordance with State law COMPANY
will generate and mail (presorted, first-class postage) no sooner
than forty-one (41) days of the citation issuance date, a
delinquency notice to all identified registered owners of vehicles
who fail to pay their parking citation fines or to post bail in
the required manner. The mailed notice will include all
information required by the California Vehicle Code, including,
but not limited to, the following:
A. The parking citation issuance date and number;
B.' The consequences of nonpayment (i.e., a hold on the
vehicle registration and the imposition of
penalties, towing, or issuance of a possible
- warrant for their arrest; and
C. The amount of fines and fees due and payable.
1.7 Regstrdtion Holds: 'rhe COMPANY will provide the system and
procedures and will intexface with the California State Department
of Motor Vehicles to place a hold on vehicle registration having
unpaid parking fines and fees due against those vehicles in
accordance with the California Vehicle Code and any other
applicable State and local laws.
1.8 Removal of Registration Holds: COMPANY will provide the
system and procedures and will interface with the California State
Department of Motor Vehicles to remove registration holds when a
registered vehicle owner satisfies the entire amount of parking
citation fines, penalties, and fees due against the vehicle and
establishes such payment to the satisfaction of COMPANY.
1.9 Contested Citations: In the event a registered vehAle owner
disputes the liability for the outstanding parking citation,
COMPANY will advise the registered vehicle owner of his/her right
to request a court appearance. All contested citations will be
forwarded to the Municipal Court or PUBLIC ENTITY within a
reasonable time period after notification by the court that the
matter has been set for adjudication.
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1.10 Citations.' -,posed of by Court: The ( XANY 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. :COMPANY shall.be_.paid the contractual rate hereinafter
provided for -processing -the citation regardless of the outcome of
court action. COMPANY will maintain records indicating any
reduction or cancellations of parking citations as a result of
court action. Parking citations which are dismissed as a result
of court action, will have the dismissal processed by the COMPANY
promptly after receipt from the Municipal Court.
1.11 Suspension of Processing: COMPANY will suspend processing
on any citation referred to it for processing upon written notice
to do so by.an authorized officer of the PUBLIC ENTITY. COMPANY
will promptly return any citation or facsimile properly requested
by the PUBLIC ENTITY. COMPANY will maintain records indicating
any suspension of citation as a result of PUBLIC ENTITY'S
request. COMPANY shall be paid the contractual rate hereinafter
provided for processing thecitations suspended by the PUBLIC
ENTITY.
1.12 Payments by U..S. Mail: The postmark date will be the
criteria to establish any delinquent fees due.
1.13 Parking Citation System Master File Update: COMPANY will
regularly update the parking citation master file for new
citations, payments, reductions, cancellations, dismissals and any
other pertinent data.
ARTICLE II - PAYMENT PROCESSING
2.1 Disposition Processing: COMPANY will maintain all citation
dispositions for a minimum of one (1) year. Closed citations will
remain.on-line-_for at least one (1) year, for research and
statistical purposes..
2.2 Payments Processing: COMPANY shall process citation payments
on a regular basis. Payments shall be immediately posted in one
(1) of three (3) following categories:
"Regular Payments" are citations with the correct bail, paid
on or before the due date. (This includes payments properly
complying with prior Notices -of -Intent).
"Partial Payments" are citations paid after the due date, or
if the defendant has paid less than the amount of bail due. A
Notice -of -Intent, or a postcard will advise defendant oflate
charges and/or incorrect bail. In such cases, COMPANY, its
discretion, may return the original check to the sender.
"Court Requests" are all requests for court hearings by
defendants. These requests are sorted so that bail submitted is
immediately posted, and if needed the original citations are
retrieved.
2.3, Miscellaneo- Letters Processing: COM2 .Y will receive and
review all miscellaneous correspondence. These are generally
letters requesting meter checks, refunds, voids, or otherwise
setting -forth -complaints. These letters will be researched by
COMPANY foz'ptoper'fbllow-up by the PUBLIC ENTITY.
2.4 Batching Procedures: COMPANY shall maintain an effective
method of internal control procedures. Such procedures shall
involve -reconciliation of --all payments received using generally
accepted accounting principles. After proper reconciliation,
deposit slips shall be prepared for and deposits made at the
appropriate: -bank,_ including an itemized listing of all batch
numbers included -'in the deposit. The batch of citations payment
documentation shall then be stored in a file room, for a period of
one ...(1) year. -
2.5 Cash Payments: COMPANY shall maintain an effective method of
handling cash payments. All cash received through the mail, shall
be logged is a- cash' journal. -Thereafter, effective internal
control procedures shall be implemented to reconcile such
payments.
2.6 Deposits: All deposits shall be made daily, subject to
regular banking hours. Deposits shall be itemized and detailed
information will. be captured regarding submitted funds. Deposit
slips shall be prepared in triplicate, allowing one (1) copy for
the PUBLIC ENTITY and one (1) copy for the COMPANY. All deposits
shall be directly deposited into the PUBLIC ENTITY's designated
bank account. PUBLIC ENTITY will supply deposit slips and
endorsement stamp to COMPANY. COMPANY shall only have the
capability to make deposits on behalf of the PUBLIC ENTITY.
2.7 Revenue Report: A monthly revenue report will list all
revenues received during the preceding month. This report will
also -provide information regarding the PUBLIC ENTITY's
responsibility to the County for the Jail and Court fund if
applicable.
ARTICLE III - GENERAL
3.1 Public Inquiries: The COMPANY will respond to reasonable
inquiry by telephone or letter of a nonjudicial nature.
Inquiries of a judicial nature will be referred to the PUBLIC
ENTITY for determination.
3.2 COMPANY Limitations: COMPANY will not take legal action or
threaten legal action in any specific case without PUBLIC
ENTITY's prior approval.
3.3 Use of Approved Forms: PUBLIC ENTITY shall have -the right to
reasonable approval of all forms, delinquency notices, and
correspondence sent by the COMPANY must conform to State and local
law.
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3.4 Books and Ri ,rds: COMPANY will mainta . adequate books or
records for parking citations issued within the PUBLIC ENTITY's
jurisdiction -and referred to COMPANY for processing. Such books
or,records.;-and-related.computer processing.data, shall be
available for reasonable inspection and audit by PUBLIC ENTITY at
the COMPANY's location at reasonable times upon adequate prior
notice to COMPANY.
3 5-- Property -.of COMPANY:
A. The parties hereto agree that COMPANY is the owner
of and shall remain the owner of all its concepts,
approaches, trade secrets, computer programs,
experience, written procedures, forms, magnetic
tapes, punch cards, and similar computer materials
related to the activities conducted pursuant to this
Agreement.
Trade secrets shall include, without limitation,
computer software and ideas included therein.
C. --During the term of this Agreement and the
relationship of the parties, COMPANY may develop new
and additional programs and/or methods of handling
and processing data. All such subsequent
developments, programs and methods are agreed to be
the property of COMPANY.
3.6 Property of PUBLIC ENTITY: All documents, records and tapes
supplied by PUBLIC ENTITY to COMPANY in performance of this
contract is agreed to be and shall remain the sole property of
PUBLIC ENTITY. COMPANY agrees to return same promptly to PUBLIC
ENTITY no later than forty-five (45) days following notice to the
COMPANY. The PUBLIC ENTITY shall make arrangements with COMPANY
for the transmission of such data to the PUBLIC ENTITY upon
payment_to COMPANY of the,cost of copy and delivery of such tape
from COMPANY's computer facilities to PUBLIC ENTITY's designated
point of delivery. If termination of this Agreement is by COMPANY
and not based upon fault of PUBLIC ENTITY, COMPANY will waive all
costs required by this paragraph.
3.7 COMPANY Files: COMPANY shall maintain master files on
parking citation referred to it for processing under this
Agreement. Such files will contain records of payments,
dispositions, and any other pertinent information required to
provide a reasonable audit trail.
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3.8, Storage
for JBLIC ENTITY:
A.
COMPANY agrees to store original citations for three
(3) years, at which time they will be returned to
_PUBLC._
ENTITY:.=... COMPANY will-have such information
available on system or magnetic tape data for PUBLIC
ENTITY's parking citations for a reasonable time
period to permit PUBLIC ENTITY retrieval of such
information. PUBLIC ENTITY relieves COMPANY of all
liability costs associated with data released by
PUBLIC ENTITY to any other person or entity using
such data.
B.
Subsequent to the termination of the contract,
COMPANY will return hard copy to the PUBLIC ENTITY.
If requested,.a magnetic tape of its processed data
will be provided for a fee of Seventy-Five Dollars
($75.00) per magnetic tape.
ARTICLE IV
- CONTRACT PRICE
4.1 Basis
for Fee Structure: The fee structure hereinafter
provided shall be based on the combined parking citation volume.
4.2 Basis of Fee Computation: The fee due and payable to COMPANY
will be computed on a per parking citation basis and will be based
on the issuance date of the citation. Each parking citation
assigned to COMPANY for processing shall be utilized in computing
the base for the total fee. Once the initial fee has been charged
for a parking citation, no additional costs can be charged by
COMPANY to pursue collection except as defined in Article III,
Section 3.8b, Article IV, Section 4.4 and 4.5, of this Agreement.
4.3 Rate: The fee for the term of this Agreement is One Dollar
and ten cents ($1.10) per -parking citation.
4.4 Other Fees: COMPANY shall retain thirty-eight percent (38%)
of payments for delinquent citations which have been processed in
accordance with the current Agreement, and meet the following
criteria:
A. Citations for which the California State Department
of Motor Vehicles has dropped the registration hold
because of a transfer of ownership of non -renewal
registration:
B. Citations with out-of-state license plates.
C. Any other problem or special citations which PUBLIC
ENTITY so designates and refers to COMPANY under
this Agreement. Ai
4.5. Postal Rate crease: The COMPANY will aintain auditable
records to document the COMPANY's actual increase in postage costs
associated with the mailing of delinquency notices for unpaid
citation and for -other -mailings related to the processing of
correspondence,- etc., concerning any citations. COMPANY will be
reimbursed for postal rate -increases for presorted first-class
mail on a per piece mailed basis. The increase will be effective
on the date that the postal rate increase takes place.
ARTICLE V - REPORTS
5.1 Periodic Reports: COMPANY will submit reports to PUBLIC
ENTITY promptly after the end of the month or other reporting
period. The reports will provide activities relating to
performance under this Agreement. Among the reports which COMPANY
may generate are the following:
A. Report of Revenue Collected for Period
B. Report by Parking Citations Issued for Period
C. A balanced summary report by issuing PUBLIC ENTITY
providing the status of all parking citations at the
beginning of the period, current period activity, and at
the end of the period.
D. A report by issuing Agency identifying registered vehicle
owners with five (5) or more outstanding parking
citations.
E. A report by issuing Agency and officer identifying the
parking citations issued, location, violation and bail
_imposed.
5.2 Microfiche: At PUBLIC ENTITY's sole cost and expense,
COMPANY will provide all available reports on microfiche, if
PUBLIC ENTITY so requests in writing.
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ARTICLE VI - TERM OF CONTRACT AND ADDITIONAL. SERVICES
6.1 . Term and Renewals: This Agreement shall be for an initial
period of three (3) years commencing as of the last date of
signature.. Unless.notice of termination is made in writing by
either party to the other.'no less than thirty (30) days prior to
the end of the scheduled term, this Agreement shall automatically
renew for subsequent one (1) year periods. In conjunction with
this automatic extension of the terms of this Agreement, COMPANY
may give notice of reasonable price adjustments for its processing
services. Unless PUBLIC ENTITY gives notice in writing of its
rejection of these price adjustments, the term shall be extended
with these price adjustments as stated. If the PUBLIC ENTITY
gives -notice of its rejection of these price adjustments, unless
there is a further -written Agreement between the parties, the term
of the.Agreement shall not be extended and the Agreement shall
terminate.
6.2 Cancellation: Upon a material breach or upon sixty (60) days
written notice to COMPANY, the PUBLIC ENTITY may cancel or
terminate this Agreement. The COMPANY shall have thirty (30) days
to cure any material breach or defect setforth in the written
termination notice provided by PUBLIC ENTITY.
6.3 Exclusivity: PUBLIC ENTITY agrees to utilize only the
services of COMPANY during the term of this Agreement for the
processing of the citations referred to above. PUBLIC ENTITY
agrees during the term of the Agreement to not directly or
indirectly assist a competitor of COMPANY in the performance of
the services provided by COMPANY under this Agreement, and never
to divulge the trade secrets or property of COMPANY to any
unauthorized person or entity. This Non -Disclosure obligation
shall survive the -termination of this Agreement.
ARTICLE VII - CONFIDENTIALITY
7.1 Material Confidential: PUBLIC ENTITY agrees to keep
confidential the procedures, approaches, and trade secrets of the
COMPANY. COMPANY agrees to keep confidential the data supplied it
by PUBLIC ENTITY except if the same is delivered to or release to
a third party or parties at the request of PUBLIC ENTITY or as
reasonably anticipated in order to supply the herein services to
PUBLIC ENTITY, e.g. delivery of information to Department of Motor
Vehicles. COMPANY shall not be obligated to keep confidential
techniques developed by COMPANY jointly with PUBLIC ENTITY
regarding this subject of this Agreement.
ARTICLE VIII - CLAIMS AND ACTIONS
8.1 Reasonable Assistance of COMPANY:
action is brought against PUBLIC ENTITY
performance or services rendered under
shall render any reasonable assistance
PUBLIC ENTITY might require.
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In the event any claim or
relating to COMPANY's
this Agreement, COMPANY
and cooperation which
8.2 PUBLIC ENTITY Cooperation: In the even* any claim or action
is brought again: COMPANY relating to COMPA ' performance of
services rendered under this Agreement, COMPANY shall notify the
PUBLIC ENTITY, in writing, within five (5) days, of said claim or
action..
ARTICLE IX -..SUBCONTRACTORS AND.ASSIGNMENTS
9.1 Subcontracting: COMPANY is authorized to engage
subcontracts, as -permitted by law -at COMPANY's own expense.
9:2. -Assignments: This contract may not be assigned without the
prior written consent of the PUBLIC ENTITY.
ARTICLE X - INDEPENDENT COMPANY
10.1 COMPANY's Relationship: COMPANY's relationship to PUBLIC
ENTITY in the performance of this Agreement is that of an
independent COMPANY. Personnel performing services under this
Agreement -shall -at all times be under COMPANY's exclusive
direction and control and shall be employees of COMPANY and not
employees of the PUBLIC ENTITY. COMPANY 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 COMPANY nor any agent or employee of
COMPANY shall obtain any right to retirement benefits or other
benefits which accrue to employees of PUBLIC ENTITY, and COMPANY
hereby expressly waives any claim it might have to such rights.
ARTICLE XI - INSURANCE
11.1 Insurance Provisions: COMPANY shall provide and maintain at
its own expense during the term of this Agreement, the following
policy or policies of insurance covering its operations
hereunder. Such insurance shall be provided by insurer(s)
satisfactory -to the PUBLIC ENTITY and certificates of such
insurance shall be delivered to the PUBLIC ENTITY on or before the
effective date of this Agreement. Such certificates shall
specifically identify this Agreement and shall not be cancelled,
reduced in coverage or limits or non -renewed except after thirty
(30) days written notice has been given to the PUBLIC ENTITY.
a) Comprehensive general liability insurance covering bodily
and personal injury and property damage. Limits shall be
in an amount of not -less than $1,000,000 per occurrence.
Such insurance policies shall name the PUBLIC ENTITY, its
officers, agents and employees, individually and
collectively, as additionally insured. Such coverage for
additional insured shall apply as primary insuralice and
any other insurance or self-insured retention maintained
by the PUBLIC ENTITY its officers, agents and employees
shall be excess only and not contributing with insurance
provided under said policy.
Should.A above policy be cancelle before the
expiration date thereof, the issuing company will
endeavor to mail 30 day written notice to the certificate
holder named on the policy, but failure to mail such
notice shall impose no obligation or liability of any
_:kind. upon the-insurance company, its agents or
representatives.
Comprehensive.'automobile liability owned, non -owned and
hired vehicles with not less than One Million
_($1,000,000).Dollars=combined single limit, per
occurrence for property damage and for bodily injury or
death of persons. Such insurance shall include the same
additional -insured and cancellation notice provisions as
specified above and may be combined with the
comprehensive general liability coverage required above.
C. Throughout the period of agreement COMPANY, at its sole
cost, shall.maintain in full force and effect a policy of
workers'compensation insurance covering all of its
employees as required by the labor code of the State of
California.
ARTICLE XII - ENTIRE AGREEMENT
12.1 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
provision shall be effective unless in writing and signed by both
parties.
12.2 Law Applicable: This Agreement shall be construed in
accordance with the laws of the State of California.
12.3 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 prepaid, first-class, addressed
to the following:
AS TO PUBLIC ENTITY:
"City of Lodi"
P.O. Box 3006
Lodi, CA 95233
AS TO COMPANY:
West-Computil Corporation
18700 Beach Boulevard, Suite 110
Huntington Beach, CA 92648
ATTN: Mr. Alfonso J. Izzi
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With a courtesy copy t
Mr. Bruce Fishelman
9200 Sunset Boulevard
Suite 1201
Los Angeles, CA 90069
or to such other persons and address as the parties may hereafter
reasonably; -.-request in writing.
IN WITNESS -WHEREOF, the parties hereto have entered into this
Agreement as of the day and year last written below.
CITY OF D
By: Approved as to form:
- Thomas A. Peterson
Date: 4/15/92 Bobby W. McNatt
City Attorney
Title: City Manag
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Attest:
WEST-COMPUTICOR RATION
Alice M. Reimche
By: City Clerk
Date:
Alfonso JIzzi
Title: Preside t and CEO
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