HomeMy WebLinkAboutAGENDA REPORT 2000 0315 CC REG ITEM 11KITEM // • K -
CITY OF MOORPARK, CALIFORNTA
City ronncil NTeetine
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AGENDA REPORT ACTIn1: A)in��r yP1'(,?fi-f YP.e. .
CITY OF MOORPARK
BY:
TO: Honorable City Council
FROM: Mike Mathews, Senior Management Analyst
DATE: March 6, 2000 (CC Meeting of 03/15/2000)
SUBJECT: CONSIDER CONTRACT AMENDMENT TO CITATION PROCESSING
SERVICES AGREEMENT NO. 89 -05 WITH THE CITY OF THOUSAND
OAKS
BACKGROUND
On February 7, 1989, an agreement (Moorpark Contract No. 89 -05)
with the City of Thousand Oaks was executed to process parking
citations issued in the City of Moorpark. Among the contractual
duties are:
• Input traffic citations in format approved by the Department
of Motor Vehicle (DMV)
• Input corrections submitted by Moorpark staff
• Send out second notices on delinquent citations
• Send notices to DMV to place a "hold" on vehicle registrations
until fees are paid
DISCUSSION
The following chart shows the rates set in 1989, and the proposed
changes to the rate structure. It should be noted that only the
citation input rate would increase, from $0.70 to $1.00.
Previous New
Rate Rate
Citation input
$
.70
$
1.00
Each notice
$
1.35
$
1.35
Research Fee
$
3.00
$
3.00
Delivery of monthly report
$
3.00
$
3.00
Extra copy of report
$
7.50
$
7.50
Minimum monthly fee
$65.00
$
65.00
0003 '-Vo
Parking Citation Processing
March 6, 2000
Page 2
In 1999, the number of citations issued in the City of Moorpark
ranged from a low of 128 in December to a high of 409 in August.
The added monthly cost of the amendment is estimated to range
from $40 to $120.
Staff considered the option of contracting with a private
company that specializes in parking citation processing. Turbo
Data Systems, Inc., a firm used by several cities in this
region, was asked to submit an offer. They charge $0.95 per
citation input; but charge a startup cost of $1,000 to $2,000, a
minimum fee of $350.00 per month, and higher rates for reports
and notices. This compares unfavorably with the estimated amount
Moorpark would pay Thousand Oaks under the new amendment, which
would range between $200 -$420 per month.
STAFF RECOMMENDATION
1. Approve amendment to Contract No. 89 -05 with the City of
Thousand Oaks.
2. Authorize the City Manager to execute the contract
amendment.
Attachments: 1. Amendment to Contract 89 -05
2. Contract 89 -05
'. '
000.30--L-
,f iRe FOL1.S /Ci rat ions
Exhibit No. 1
AMEND CONTRACT #1734 -89
AN AGREEMENT FOR CITATION PROCESSING
BETWEEN THE CITY OF MOORPARK AND
THE CITY OF THOUSAND OAKS
THIS IS THE FIRST AMENDMENT TO CONTRACT # 1734 -89, made and
entered into this 1st day of February, 2000, by and between the CITY OF THOUSAND
OAKS, a municipal corporation (hereinafter referred to as "City "), and the CITY OF
MOORPARK (hereinafter referred to as "Public Agency ").
Item 3 is hereby amended to read as follows:
3. COMPENSATION AND PAYMENT
In consideration of the services provided by the City of Thousand Oaks, the City of
Moorpark agrees to pay the following fees:
a. $1.00 each citation input
b. $1.35 each notice
C. $3.00 research fee (change of address, special handling etc.) If a second
notice must be sent out, an additional $1.34 will be charged unless an error
by the City of Thousand Oaks is determined by the City of Moorpark.
d. $3.00 for delivery of monthly reports
e. $7.50 for each extra copy of a report
The City of Moorpark agrees to pay a minimum fee of $65.00 per month except as may be
modified by Section 8.
All payments shall be made by the City of Moorpark within 30 days after receipt of invoices.
Invoices shall be made no more frequently than on a monthly basis and shall list reports
and services provided.
ATTEST:
Nancy A. Dillon, City Clerk
Dennis C. Gillette, Mayor
City of Thousand Oaks, California
0003®Z:
Contract No. 1734 - ?nnnn
APPROVED AS TO FORM:
/171 ark G. Sellers, City Attorney
APPROVED AS TO ADMINISTRATION:
MaryJane V. Lazz, C nager
"PUBLIC AGENCY"
City of Moorpark
Contract No. 1734 -2000A
0()(030
Exhibit No.
AN AGREEMENT FOR
CITATION PROCESSING SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND THE CITY OF MOORPARK
THIS AGREEMENT, was made and entered into this 7th day
of February, 19 89, by and between the CITY OF THOUSAND OAKS, a
Municipal Corporation, and the CITY OF MOORPARK, a Municipal
Corporation for citation processing by the City of Thousand oaks- -
for the City of Moorpark in accordance with the following terms
and conditions:
1. RETENTION
The City of Moorpark hereby retains the City of Thousand Oaks
and the City of Thousand Oaks hereby accepts such engagement,
to perform the services described in Section 2. Said services
will commence approximately 45 days following execution of this
agreement.
2. DESCRIPTION OF SERVICES
The services performed by the City of Thousand Oaks are as
follows:
The City of Thousand Oaks shall input and maintain citation
information necessary to provide the following reports /services
to the City of Moorpark on a monthly basis as required:
a. PKR001 Citation Additions Report (citations input)
b. PKRO07 DMV Inquiry Tape
C. PKR008 DMV Inquiry Reply Report (errors only)
d. PKR009 DMV Citations Collected and Not Collected
(DMV status tape)
e. PKR010 DMV Citation Rejects from Field Edits
f. PKR012 Citation Payments Report (payments input)
g. PKR013 DMV Attached or De- Attached
h. Citations by Badge (Officer) Report
i. Citations by Location Report.
j. Citation Summary'(if requested)
k. Outstanding Citation Report (if requested)
1. Repeat Offender Report (if requested)
m. Notice Report and Copies (if requested)
3. COMPENSATION AND PAYMENT
In consideration of the services provided by the City of
Thousand Oaks, the City of Moorpark agrees to pay the follow-
ing fees:
2
0003011
RSB /lr 1 Contract No. 1734 -89
Agreement for Citation Processing Services
City of Thousand Oaks - City of Moopark
Compensation and Payment (Continued)
a.
$ .70
each citation input
b.
$1.35
each notice
C.
$3.00
research fee (change of
address, special
handling
etc.) If a second notice
must be sent
out, an additional $1.35 will
be charged unless an
error
by the City of Thousand
Oaks is determined
by the
City of Moorpark.
d.
$3.00
for delivery of monthly
reports
e.
$7.50
for each extra copy of
a report
The City of Moorpark agrees to pay a minimum fee of $65.00 per
month except as may be modified by Section 8.
All payments shall be made by the City of Moorpark within 30 days
after receipt of invoices. Invoices shall be made no more
frequently than on a monthly basis and shall list reports and
services provided.
4. ADDITIONAL TERMS AND CONDITIONS
a. The City of Moorpark shall execute
"Notice of Intent to Submit Parking
Department I of Motor Vehicles (DMV),
notification requirement to the DMV
submitted at least thirty (30) days
of services.
two (2) copies of the
Citations Via Tape" to the
which fulfills the written
These notices shall be
prior to the commencement
b. Notices are sent by the City of Thousand Oaks to the vehicle
owner that the DMV has on record at the time the citation is
written.
c. The City of Moorpark shall provide payments batched and
totaled for input by the City of Thousand Oaks into the
system. Batch numbers and count must be on a control slip
and must be assigned sequentially as a means of control.
d. The City of Moorpark shall provide citations batched
and counted for input by the City of Thousand Oaks into the
system. Batch numbers and count must be on a control slip
and must be assigned sequentially as a means of control.
e. If after twenty (20) days payment is not received from the
offender, the City of Thousand Oaks is responsible for
requesting that DMV attach the bail.
RSB /lr 2 Contract No. 1734 -89
00030:1
Agreement for Citation Processing Services
City of Thousand Oaks - City of Moorpark
5. HOLD HARMLESS AND GUARANTEES
a. The City of Moorpark shall defend, indemnify, and hold the
City of Thousand Oaks, its elected officials, officers and
employees harmless from all Claims, lawsuits, demands,
judgments or liability including, but not limited to,
general liability, automobile and professional errors and
omissions liability, arising out of, directly or indirectly,
the performance, or any omission of the City of Thousand
Oaks in performing services described. Moorpark need not
defend, indemnify, and hold harmless the City of Thousand
Oaks, its elected officials, officers and employees from
any damage which is caused by the sole negligence of the
City of Thousand Oaks.
b. Reasonable security provisions will be provided by the
City of Thousand Oaks. The City of Thousand Oaks cannot
guarantee against loss or alteration of computer records, but
will take reasonable precautions to prevent such occurrences.
c. The City of Thousand Oaks will hold all City of Moorpark
citation data in confidence and shall not provide this data
to any other party unless directed by the City of Moorpark
in writing or as required by law.
6. RELATIONSHIP OF THE PARTIES
The relationship of the parties* in this agreement shall be
that of independent contractors and agencies and'that in no
event shall either City be considered an officer, agent, servant
or employee of the other. Each City shall be solely responsible
for any workers' compensation, withholding taxes, unemployment
insurance and any other employer obligation associated
with its portion of the described work.
7. CORRECTIONS
The City of Thousand Oaks shall correct, at its expense,
all errors in the work which may be disclosed during the
City of'Moorpark's review of the reports.
B. TERMINATION
Either City, by providing the other party with thirty (30) days
written notice, may terminate any portion or all of the
services agreed to be performed under this agreement. In
the event of such termination, the City of Thousand Oaks
RSB /lr 3 Contract No. 1734 -89
0003Uk►
r
Agreement for Citation Processing Services
City of Thousand Oaks - City of Moorpark
Termination (Continued
shall have the right and obligation to assemble work in
progress for the purpose of finishing the job. All,compen-
sation for actual work performed and charges outstanding at
the time of termination shall be payable by the City of
Moorpark to the City of Thousand Oaks within thirty (30)
days following submission of final statement by the City
of Thousand Oaks.
In the event that only a portion of the services are
terminated, the City of Moorpark and the City of Thousand
Oaks shall agree upon a reduced minimum monthly fee and
such agreement shall be in writing, duly signed by both
parties.
9. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance
of any of the provisions of this agreement by the other
party, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of such
party's right to demand strict compliance by such other
party in the future. No waiver by a party of a default or
breach of the other party shall be effective or binding
upon such party unless made in writing by such party, and
no such waiver shall be implied from'iany omission by a
party to take any action with respect to such default or
breach. No express written waiver of a specified default
or breach shall affect any other default or breach, or
cover any other period of time, other than any default
or breach and /or period of time specified. All of the
remedies permitted or available to a party under this
agreement, or at law or in equity, shall be cumulative
and alternative, and invocation of any such right or
remedy shall not constitute a waiver or election of
remedies with respect to any other permitted or available
right or remedy.
10. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this agreement shall be construed as
a whole according to its common meaning and purpose of
providing a public benefit and not strictly for or
against any party. It shall be construed consistent with
the provisions hereof, in order to achieve the objectives
and purposes of the parties.
RSB /lr 4 Contract No. 1734 -89
00030',"
Agreement for Citation Processing Services
City of Thousand Oaks - City of Moorpark
11. MITIGATION OF DAMAGES
In all situations arising out of this agreement, the
parties shall attempt to avoid and minimize the damages
resulting from the conduct of the other party.
12. GOVERNING LAW
This agreement, and the rights dnd obligations of the
parties, shall be governed and interpreted in accordance
with the laws of the State of California.
13. AUTHORIZATION
Each party has expressly authorized t
agreement on its behalf and binds sai
administrators, officers, directors,
insurance carriers and any others who
this agreement. The City of Thousand
this agreement, or any of the rights,
hereunder.
14. ENFORCEMENT
he execution of this
d party and its respective
agents, employees;
may claim through it to
Oaks shall not assign
duties or obligations
In the event any action, suit or proceeding is brought for
the enforcement of, or the declaration of any right or
obligation pursuant to this agreement, or as a result of
any alleged breach of any provision of this agreement, the
prevailing parties shall be entitled to recover the costs
and expenses including attorney's fees from the losing
party.
15. PARTIAL INVALIDITY
If any provision of this agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable,
the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
16. ENTIRE AGREEMENT BETWEEN PARTIES
This agreement supersedes any other agreements, either oral
or in writing, between the parties hereto with respect to
the rendering of services, and contains all of the covenants
and agreements between the parties with respect to said
RSB /lr
5
Contract No. 1734 -89
0010000
Agreement for Citation Processing Services
City of Thousand Oaks - City of Moorpark
Entire Agreement Between Parties (Continued)
services. Any modifications of this agreement will be
effective only if it is in writing and signed by the party
to be charged. All written notices and modifications
shall be forwarded to the attention of the Finance Director
for either party.
IN CONCURRENCE AND WITNESS WHEREOF, this agreement has
been executed by the parties effective on the date and
year first above written.
CITY OF THOUSAND OAKS
i�Vawrence E. Horner, Mayor
Attest: 1
1
Na cy . Dillon, City Clerk
APPROVED AS mO ORM:
Ma k G. Sellers, City Attorney
APPROVED AS TO ADMINISTRATION:
Grant R. BrimhalV City Manager
i Atte
Ric and T. Hare, City Clerk
RSB /lr
CITY OF MOORPARK
Eloise Brown, Mayor
6 Contract No. 1734 -89
REPORT CONTENTS AND DESCRIPTIONS
PKR001 - Citation Additions Report (citations input):
- Generated each time citations are input - a daily
report
PKR007 - DMV Inquiry Tape:
- Report generated when tape•requesting name and address
from DMV is processed. Shows which citations are being
requested.
PKR008 - DMV Inquiry Reply Report (errors only):
- Report generated when DMV tape for notices is processed.
Shows errors - DMV could not obtain names and addresses.
PKR009 - DMV Citations Collected and Not Collected (DMV status
tape):
- Report sent from DMV each month. Shows citations removed
from DMV records without bail, citations rejected by DMV
and bail collected by DMV.
PKRO10 - DMV Citation Rejects from Field Edits:
- Report showing citations rejected for attachment by DMV
(invalid make, name or address not matched).
PKR012 - Citation Payments Report (payments inpu�):
- Report showing which citations were paid each day. Used
to balance each day's batch.
PKR013 - DMV Attached or De- Attached:
- Report showing which citations are to be attached and de-
attached at DMV.
Citations by Badge (Officer) Report:
- Monthly report sent to Sheriff's Department showing total
number of citations by Officer.
Citations by Location Report:
- Monthly report sent to Sheriff's Department showing total
number of citations by location.
U0l 3:i ki
Contract 1734 -89
Report Contents and Descriptions
Page Two
Citation Summary (if requested):
- Shows breakdown by month of number of citations issued and
paid, and number of notices sent.
Outstanding Citation Report (if requested):
- Shows all outstanding citations.
Repeat Offender Report (if requested):
- Shows any offender with more than five (5) violations.
Notice Report (if requested):
- Shows notices sent each month to offenders.
U
Contract 1734 -89
0(90%J L