HomeMy WebLinkAboutAGENDA REPORT 1989 0315 CC REG ITEM 11AELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
FROM:
DATE:
SUB -ITCT:
Backgroup_d
IT M
MOORPARK " " "'
M.F.MORANDIJM
The Honorable City Council
Richard Hare, Deputy City Manag r
March 9, 1980J
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
PARKING CITATION l'ROCI?ISSING AGREEMENT
In July 1981 the Country of Ventura discontinued processing parking
citations for municipalities, requiring cities to either contract for
citation processing or establish their own system. After Incorporation
of the City of Moorpark in 19133 the County continued to process
Moorpark's citations until February I., 1986. At that time the City
cont.ractPd with Universal. Computer Service to process parking
citations. Universal had been processing parking citations, for the
City of Thousand Oaks and was recommended by 'rhousand Oaks and
the `1entura. Country Sheriffs Department..
Sinee that time Universal has changed ownership and is now Phoenix
Group. '1:'he City of Moorpark's contract w.iih Phoenix Group has lapsed
and is now on a month to month basis. The City of Thousand Oaks no
longer relies on an outside contractor and over the last year has
implemented their own data processing system. Staff has reviewed the
system developed by the City of Thousand Oaks and approached the
City of '. Chousand Oaks with regard to establishing a citation processing
agreement. The service agreement was drafted and reviewed by staff
and the attorneys for both cities. All amendments offered by the City
of Moorpark were accepted and the Thousand Oaks City Council
approved the attached agreement February 7, 1.989, indicating their
willingness to participate in this al;rooment with the City of Moorpark.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
March 9, 1989
Page 2
The City of Thousand Oaks has more than adequate computer space to
accommodate our parking citation transactions which are currently
averaging between 70 -100 per month. The City of Thousand Oaks
agreement parallels the costs associated with our current Phoenix Group
agreement and has the potential of decreasing the costs associated with
processing citations for both parties due to economies of scale. After
six months of operations the agreement will be reviewed by both staffs
to assess actual costs and services to determine, per section 8 of the
agreement, if portions of the services can be eliminated or modified,
thereby resulting in reduced fees. Periodic review of the service will
occur every six months. In the event we are dissatisfied with the
service we have the option of bidding for private processing or
implementing our own citation processing service.
Although it is anticipated our average monthly bill for processing over
the next six months will remain approximately $125.00 and revenues will
likely remain fairly constant at $850.00 per month, staff considers
this agreement, to have several benefits over continued contracting
with a private firm as follows:
1. stability in processing costs;
2. pass through savings in future years due to economies of
scale by combining the processing of two cities;
3. vendor (City of Thousand Oaks) stability;
4. a decreasing cost trend versus an increasing cost trend; and
5. easier coordination, in that the cities are contiguous, both
use the same DMV office, both contract for traffic enforcement
with the Sheriff's Department, and the database for parking
citations would be maintained in the same office.
Implementation of this agreement will require approximately forty -five
days. If approved, Phoenix Group will provide the City with a
computer tape of our citation file. The City of Thousand Oaks is set
up for transfer of the taped information to their file. Our court
codes have been separated and all new tickets will be color coded to
facilitate manual filing and processing.
Recommendation
The staff recommends the Council approve the attached Agreement for
Citation Processing Services between the City of Thousand Oaks and
the City of Moorpark and authorize the Mayor and City Clerk to sign
same effective and executed March 15, 1.989.
RH /ls
DCM. 89382
MOORPARK, CALIFORNIA
CitY Council Meeting
of 15- 198_` ,
ACTION, C L -
All
Y
By �: ��
February 28, 1989
Richard Hare, Deputy
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
City Manager
Re: Citation Processing Services Agreement
Dear Richard:
FINANCE DEPARTMENT
Enclosed is the original Citation Processing Services Agreement
between the City of Thousand Oaks and the City of Moorpark. The
agreement has been signed by all appropriate officials of Thousand
Oaks and is now ready to be signed by your representatives. After
receiving the appropriate signatures, please keep a copy of the
agreement for your files and return the original agreement to me.
As provided in the agreement, citation processing services will
commence approximately 45 days following execution of the
agreement. After receiving the original signed agreement back from
you, we will contact you to schedule the exact starting date for
the services.
If you have any questions, please contact Steve Elam, Deputy
Finance Director, at 496 -8658.
RSB /SCE
Enclosure
c: Steve Elam
Cindy Robertson
Very truly yours,
I J
Robert S. Biery
Finance Director /City Treasurer
RECEIVED
MAR 2 1989
City of MoorpaO
401 WEST HILLCREST DRIVE POST OFFICE BOX 1496 THOUSAND OAKS, CALIFORNIA 91360 (805) 497 -8611
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 7r}, 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. PKR007 DMV Inquiry Tape
C. PKR008 DMV Inquiry Reply Report (errors only)
d. PKR009 DMV Citations Collected and Not Collected
(DMV status tape)
e. PKRO10 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:
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 two (2) copies of the
"Notice of Intent to Submit Parking Citations Via Tape" to the
Department of Motor Vehicles (DMV), which fulfills the written
notification requirement to the DMV. These notices shall be
submitted at least thirty (30) days prior to the commencement
of services.
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
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.
8. TERMINATION
Either City, by providing the other party
written notice, may terminate any portion
services agreed to be performed under this
the event of such termination, the City of
with thirty (30) days
or all of the
agreement. In
Thousand Oaks
RSB /lr 3 Contract No. 1734 -89
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 any 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. ] 734 -H9
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 and 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 the execution of this
agreement on its behalf and binds said party and its respective
administrators, officers, directors, agents, employees,
insurance carriers and any others who may claim through it to
this agreement. The City of Thousand Oaks shall not assign
this agreement, or any of the rights, duties or obligations
hereunder.
14. ENFORCEMENT
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. 1.734 -89
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
Lawrence E. Horner, Mayor
Attest:
i
Na,cy . Dillon, City Clerk
APPROVED AS "'O ORM:
e" z:
Ma k G. Sellers, City Attorney
APPROVED AS TO ADMINISTRATION:
Grant R. Brimha City Manager
Attest:
City Clerk
CITY OF MOORPARK
Eloise Brown, Mayor
RSB /lr 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 Incxuiry Revly Report (errors onlv):
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 Reiects from Field Edits:
- Report showing citations rejected for attachment by DMV
(invalid make, name or address not matched).
PKR012 - Citation Payments Report (payments input):
- 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 (Offi,
- Monthly report sent
number of citations
Citations by Location Re,
- Monthly report sent
number of citations
cer
to
by
par
to
by
Report•
Sheriff's Department showing total
Officer.
t•
Sheriff's Department showing total
location.
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.
Contract 1734 -89