HomeMy WebLinkAboutAgenda Report - June 7, 1995 (57)OR
CITY 'OF LODI
NOW
COUNCIL COMMUNICATION
AGENDA TITLE: Parking Citation Processing Contract Extension
MEETING DATE: June 7, 1995
PREPARED BY: Maxine Cadwallader, Revenue Manager
RECOMMENDED ACTION: That the City Council adopt the attached resolution and
authorize a one year extension to the contract with Enforcement Technology to process parking
citations.
BACKGROUND INFORMATION: The existing agreement between Enforcement
Technology and the City of Lodi was entered into on May 5, 1993. The agreement permits the
term to be automatically renewed annually for additional one year periods.
Enforcement Technology officers have verbally communicated that they normally enter
into contracts for three year periods and are willing to extend the contract for an additional year
under the same terms, conditions and rate of compensation.
RECOMMENDATION: Staff recommends the contract be extended for an additional year
based on the fact that Enforcement Technology has met the terms and conditions of the
agreement in a satisfactory manner and supplied the reports as agreed to in the contract.
FUNDING: $5,000.00
Revenue Budget
H. D. Flynn
Finance Director
APPROVED: --
THOMAS A. PETERSON recycled paper
City Manager
cc -1
AGREEMENT FOR PROCESSING PARKING CITATIONS
This Service Agreement is made by and between Enforcement
Technology, Inc., hereinafter referred to as "Contractor" and the
City of Lodi, hereinafter referred to as "Agency" and entered
into this 5th day of Nay 1993.
The parties intend by this Agreement to provide for the
processing of fines, penal ties 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.' AutoCITEs will be provided by Contractor at a -rate of
$100.00 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
Departments of Motor- Vehicles (DMV), via on-line inquiry. The
Notice of Illegal Parking (NOI) will be generated to the Regis-
tered Owner and the penalty or fine amount- requested.' Return
payments. will be made directly to the Agency. 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 other applicable State and local laws. The
Agency will be respcnsible 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 all the
processing required by the Agreement, even after the termination
of the Agreement.
1
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 Additional Service
Options, can provide Agency with dial-up or on-line inquiry
capability at the Agency location for inquiry into the system for
retrieval of parking citation information. This capability will
be...in the form of a modem and an asynchronous terminal at the
Agency location and will be charged at the then prevailing rates.
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/hearing appearance.
7: CITATIONS DISPOSED OF BY THE COURT OR HEARING BOARD.
The:'Contractor may be required, as a result of court or hearing
action, to reduce or cancel, on an individual basis, parking
citations which have been referred to it. Contractor shall be
paid the contractual rate hereinafter provided for processing the
citation regardless of the outcome of the court/hearing action.
Contractor shall maintain records indicating any reduction or
cancellations of parking citations as a result of court/hearing
.action.
AGENCY PROCESSING. The Agency may elect to assume the
majority of the processing 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 Agency.
2
ARTICLE II - GENERAL
2.1 PUBLIC INQUIRIES. Telephone calls, 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 referred to, handled and scheduled by .the
"Agency.
- 2.2 CONTRACTOR LIMITATIONS. Contractor may not do any of
the following without Agency's prior approval, in writing:
Take any legal action;
Threaten any legal action; or
Make any communication, oral or written, regarding
potential legal action. .
1.'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 th i s 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 td 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 pay this invoice within
fifteen (15) days. In the event of a dispute as to the fees
earned and payment expected 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
for two (2) years and shall commence upon the approval as attest-
ed 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 Contractor,
thirty (30) days prior to the anniversary date of the Agreement.
Agency approval shall be required for any increase in price,
exceptpostage under Paragraph 3.3.
4.4 This Agreement may be terminated by either party upon
thirty (30) days written notice to the other party, after sixty
(60) days from the date of execution of the Agreement.
ART ICLE: V CONFIDENTIALITY
-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
Contracton.-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.
4
•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
is. brought against the Contractor
performance of services rendered
Agency, in writing, within five (5)
Agency shall render any reasonable
-which the Contractor might require.
the event any claim or action
relating to the Contractor's
under this Agreement, the
days, of said claim or action.
assistance and cooperation
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
a 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 canceled 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 insurance 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.
5
ARTICLE VII - SUB -CONTRACTING AND ASSIGNMENTS
7.1 SUES -CONTRACTING. No sub -contracting of duties by
contractor shall be allowed without prior consent of Agency
except in emergencies. For purposes of this paragraph, an emer-
gency is defined as an unforeseeable event which would otherwise
make it impossible or impractical for contractor to reasonably
perform.
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
emp1•oyees. 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, tars, corporate regulations, and collection practices.
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
M
addressed to the following:
Contractor: Agency:
Enforcement Technology, Inc. City of Lodi
3002 Dow Avenue - Suite 502 Finance Department
Tustin, CA 92680 221 W. Rine Street
Lodi, CA 95241-1910
7
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 A through C)
All costs of base citation processing are included in this price.
AutoCITE HANDHELD COMUTERS: $100/AutoCITE/Month
The AutoCITE units will be available on a monthly rental basis
of $1OO per month per each AutoCITE Model 160.($125 for the Model
2M.. .. 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 x.25 will^ be charged per
7''citation issued manually.
OUT OF -STATE FOLLOW-UP COLLECTION PROCESSING: The fees for Out -
of' -State citation follow-up collection processing shall be forty
perc.erit- (40%) 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 x.59 per letter mailed.
A MINIMUM FEE OF $300 PER MONTH (Includes O 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 HANDHELD COMUTERS: $100/AutoCITE/Month
* A MINIMUM FEE OF $300 PER MONTH (Includes O AutoCITEs)
WILL BE CHARGED ON ALL MONTHLY INVOICES
13
OF 00
u` CITY OF LODI COUNCIL COMMUNICATION
c4tlFOp�`'
AGENDA TITLE: PARKING TICKET COLLECTION
MEETING DATE: May 5, 1993
PREPARED BY: Dixon Flynn, Finance Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to
enter into an agreement with Enforcement
Technology, Inc. to process parking tickets issued by
the City, send notices for delinquency, and forward unpaid
fees to the Department of Motor Vehicles (DMV) for registration hold, if necessary. The
contract will be for a period of two years at a cost of $1.25 per ticket.
BACKGROUND INFORMATION: In April of 1992, the Council approved a contract with
West Computil Corporation to provide a parking ticket
collection program. West Computil Corporation is no
longer in business due to bankruptcy.
Currently revenue receipt is being handled by Finance Staff.
SERVICES REQUESTED:
Five vendors were contacted by Finance staff and invited to respond to selected criteria.
* Receive and maintain a data base of parking tickets
* Provide a toll free 800 telephone number.
* Provide courtesy notifications to violators who have not paid their
parking tickets.
* Issue "computer generated" DMV holds.
* Provide the City with reports as to collection status, number of tickets
issued, number of tickets issued by officer, status of DMV holds.
* Allow City to continue revenue collection.
SELECTION PROCESS:
All vendors were invited to be interviewed by a panel of Finance and Police Department staff.
Three accepted. The purpose of these presentations was to give the panel an opportunity to
evaluate selected criteria in addition to price per ticket.
APPROVED:
THOMAS A. PETERSON recycled paper
City Manager 00
(2)
THE MEMBERS OF THE SELECTION COMMITTEE WERE: Maxine Cadwallader, Revenue
Manager, Finance; Vicky McAthie, Accounting Manager, Finance; Larry Hansen, Acting Police
Chief, Police Dept.; Sandra Meyers, Secretary, Police Dept.; Sherry Sanchez and Jacquie Kreps,
Parking Enforcement Assistants, Finance.
IN ADDITION, THE CRITERIA USED FOR SELECTION WAS AS FOLLOWS;
W=
* Offices in Northern California.
20
* Responsive to questions.
10
* Submitted client lists, as requested.
15
* Supplied sample reports, as requested.
15
* Will allow City of Lodi to record revenue.
10
* Will provide an 800 number for telephone inquiries.
10
* Price per ticket (15 points for lowest, 10 for medium, 5 for highest).---------------
* Term of contract (15 points for 1 yr., 10 for 2 yr., 5 for 3 yr. or not stated.----
* Subs parts of contract out.
-10
* Additional charges for postage.
-10
ComDany Price per Ticket Points
Enforcement Technology, Inc. $1.25 85
Phoenix Group $1.05 65
Turbo Data $2.40 45
City of Inglewood $1.17 30
RECOARv1ENDATION:
That the City Manager be authorized to enter into a contract with Enforcement Technology, Inc.
for a period of two years to receive, maintain and be instrumental in the collection of unpaid
parking tickets.
Z�
/H4.<F! ynn
Finance Director
Autc-PARK i Y OF LODI 01/04/95
Citation Processing Activity Repo t
and Disposition Analysis - Calendar 1994
Page: 1
Description
----------------------------------------------------------------------
December
Calendar YTD
New Citations Entered
321
2,698
R/O Inquiries Sent
1l0
1,864
R/O Info Received - 1st R/0
103
1,686
1st Notices Sent
0
11077
2nd Notices Sent
0
0
Lessee Updates
2
2
Lessee Notices Sent
0
0
2nd Owner Updates
39
39
2nd Owner Notices Sent
0
0
2nd Address Updates
18
18
2nd Address Notices Sent
0
0
DMV Registration Holds Placed
16
579
DMV Registration Holds Released
76
172
Stop Processing
0
45
Citations Paid (Count):
Paid
On Citation
166
621
Paid
After 1st Notice
24
151
Paid
After 2nd Notice
0
0
Paid
After Lessee/Rental Notice.
0
0.-
Paid
After 2nd Owner Notice
- 0 -
0`
Paid
After 2nd Address Notice=
0 -
0
Paid.
After DMV Hold Placed -
1-
_ 3
Paid
At DMV
21`
21
NSF
Reactivated Citations0=`
0
Total Citations
----------------------------------------------------------------------
Paid:
212"-:
796
Other Dispositions:
Court Processed 0 6
Voided by Tssuer 0 0
Dismissed by Issuer 1 149
Sent to Outside Processor 0 36
Total Other Dispositions: 1 191
----------------------------------------------------------------------
Autr,.PAR K C OF LODI 01/04/95
Citation Processing Activity Repor_
and Disposition Analysis - Calendar 1994
Page: 2
Description December Calendar YTD
----------------------------------------------------------------------
Dollars Collected (ETE.C):
Paid
On Citation
2,050.50
Partial Paid On Citation ( 9)
213.00
Paid
After 1st Notice
435.50
Paid
After 2nd Notice
0.00
Paid
After Lessee/Rental Notice
0.00
Paid
After 2nd Owner Notice
0.00
Paid
After 2nd Address Notice
0.00
Paid
After DMV Hold'Placed
50.00
Paid
NSF Service Fees < 0)
0.00
Total Dollars Collected (ETEC):
-------------------------=----------------------------------
25750.00
Dollars
Collected (DMV):
Paid
At DMV (L.ess NSF Fees)
933.00
Paid
At DMV (NSF Fees) ( 0)
0.00
Total Dollars Collected-(DNV):
933.00
12,565.50
51320.00
3,299.50
0.00
0.00
0.00
0.00
107.00
45.00
21,337.00
933.00
0.00
933.00
Description of Activity Cites Violations $/Vial Total
------------------------------------------------------------------------
Paid Cites Issued Before 12-01-91
Paid
at
the
Processor 0
0 0.00
0.00
Paid
at
the
DMV
0.00
0.00
Paid Cites
Issued
After 12-01-91
Paid
at
the
Processor 191
192 5.00
960.00
Paid
at
the
DMV 21
121 5.00
105.00
TOTAL COUNTY PAYMENT DUE NOW: 11065.00
S�mP� c �Enonr
RESOLUTION NO. 95-76
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING A ONE YEAR EXTENSION TO THE
PARKING CITATION PROCESSING AGREEMENT
WHEREAS, on May 5, 1993 the City of Lodi entered into an agreement with
Enforcement Technology (hereinafter referred to as "Contractor"), for the purpose of processing
City of Lodi parking citations; and
WHEREAS, the term of the agreement was for two years with an option to renew
annually for additional one (1) year periods by mutual agreement of both parties; and
WHEREAS, the Contractor has expressed intent to exercise the option to continue the
agreement under the same terms, conditions and rate of compensation.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that staff is hereby
authorized to renew the agreement with Enforcement Technology for an additional one (1) year
period, under the same terms, conditions and rate of compensation for the processing of City of
Lodi parking citations.
Dated: June 7, 1995
I hereby certify that Resolution No. 95-76 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held June 7, 1995 by the following vote:
AYES: Council Members - Davenport, Pennino, Sieglock, Warner and
Mann (Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAIN: Council Members - None
95-76