Resolution No. 5843
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RESOLUTION NO. 5843
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND JUDICIAL
DATA SERVICES, A DIVISION OF OPTIMAL DATA
CORPORATION, PROVIDING FOR THE PROCESSING
OF PARKING CITATIONS
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WHEREAS, The City of Vernon needs the service of an
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agency to process parking citations on behalf of the city of
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Vernon; and
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WHEREAS, the City of Vernon and Judicial Data Services
wish to enter into an agreement to provide for the processing of
parking citations pursuant to the laws of the State of
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California and ordinances of the City of Vernon.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2: The City Council of the city of Vernon
hereby approves the agreement for Processing Parking Citations,
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a copy of which has been presented to the City Council
concurrently with this resolution and the City Council hereby
orders said Agreement to be received and filed by the City
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Clerk.
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SECTION 3: The City Council of the City of Vernon
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hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
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thereafter the same shall be in full force and effect.
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ATTEST:
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BRUCE V.
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APPROVED AND ADOPTED this 16th day of October, 1990.
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MALKENHORST, City Clerk
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.- LEONIS C. MA BURG, ayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5843 was duly adopted by the city Council of the
6 City of Vernon at an adjourned regular meeting of the City
7 Council duly held on Tuesday, October 16, 1990, and thereafter
8 duly signed by the Mayor of the City of Vernon.
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11 BRUCE V. MALKENHORST, city Clerk
12 (SEAL)
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"EXECUTION COpy"
AGREEMENT FOR CONTRACTUAL SERVICES
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THIS AGREEMENT FOR CONTRACTUAL SERVICES is made and
entered into this I~ vaay of _@Jdo~, 1990
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BY AND BETWEEN
THE CITY OF VERNON, a Municipal
Corporation, hereinafter referred
to as "CITY",
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AND
JUDICIAL DATA SERVICES, a Division
of OPTIMAL DATA CORPORATION, (a
California corporation) herein-
after referred to as "COMPANY".
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WIT N E SSE T H:
WHEREAS, CITY needs the services of an agency to
process parking citations on its behalf; and
WHEREAS, CITY and COMPANY wish to enter into an
agreement to provide for the processing of fines, bail and
forfeiture thereof,in connection with the issuance of citations
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for illegal parking pursuant to the laws of the state of
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California and ordinances of Vernon.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. SERVICES TO BE PROVIDED
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1.1 COMPANY shall process all parking citations
issued by CITY as provided in the following statement of work:
1.2 COLLECTION. COMPANY will provide for collection
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of parking citation penalty amounts via mail to COMPANY'S
"Parking Administration" Post Office Box in accordance with
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2 COMPANY's established procedures. COMPANY will provide for
3 telephone and written interaction with parking citation
4 defendants. Daily collections will go directly into a CITY bank
5 account or as directed by CITY. Determination of type of
6 account and control of disbursements from account is strictly a
7 matter between the CITY and the bank. Outputs from this task
8 will be:
9 a) Monthly reporting on clearances by parking
10 penalty amount detailed by citation number. (Note:
11 this detail will not include clearances not handled by
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13 b) Transmittal forms and instructions regarding
14 any required disbursements of surcharges or fees (such
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17 c) Monthly reporting on parking citations
18 processed, delinquent citation notices sent, and
19 vehicle registration holds placed with DMV.
20 1.3 MANAGEMENT. COMPANY will receive, store and
21 provide retrieval of all citations.
22 1.4 DATA ENTRY AND REGISTERED OWNER INQUIRY. COMPANY
23 will code and enter into a computerized notification system the
24 following data on each citation:
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a) citation number
b) Date and time issued
c) License number and state
d) Make of vehicle
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e) violation code(s) (up to two per citation)
f) Parking penalty
g) Court appearance date
h) DMV license file code
Output from this task will be:
a) A magnetic tape containing registered owner
inquires will be forwarded to DMV.
b) A printed listing containing key data on all
citations in citation number order.
c) A license number index to the citation
listing.
1.5 REGISTERED OWNER NOTIFICATION. COMPANY will
process DMV's reply tape. An edit check will be made to delete
records with unreasonable discrepancies between the vehicle make
as noted on the citation and in the DMV files. Notices of
Intent as prescribed by evc section 41103 will be printed and
mailed to registered owners.
1.6 NOTIFY DMV OF NON-COMPLIANCE. COMPANY will
acquire data on clearances and, after the due date, will notify
DMV via on-line computer link to place registration holds on
vehicles for which no response to the Notice of Intent was made.
1.7 LESSEE/RENTER NOTIFICATION. COMPANY will, at
CITY's option, forward to lessees or renters valid notices of
intent which are returned to collecting agency claiming
lessee/rental as a defense against the charge(s).
1.8 REMOVAL OF REGISTRATION HOLDS. COMPANY shall be
responsible for removing registration holds when a registered
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vehicle owner satisfies the entire amount of parking citation
fines, penal ties, and fees due against the vehicle, and
establishes such payment to the satisfaction of COMPANY.
1.9 CONTESTED CITATIONS. In the event a registered
vehicle owner disputes the liability for the outstanding parking
citation, COMPANY shall advise the registered vehicle owner of
hislher right to request a court appearance. COMPANY will
coordinate a court appearance for the registered vehicle owner
with the appropriate court facility or refer the registered
vehicle owner to the court.
1.10 CITATIONS DISPOSED OF BY COURT.
COMPANY 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 shall maintain records indicating any
reduction or cancellations of parking citations as a result of
court action.
1.11 OUT-OF-STATE CITATIONS. Out-of-state citations
may be entered the same as in-state citations. These citations
will be processed separately from the in-state citations. If
they become delinquent, a request for registered owner's
information will be sent to the appropriate state Agency.
Notices of intent will be mailed. The bail amount will be
requested from the registered owner. Return payments will be
made to COMPANY.
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1.12 PUBLIC INQUIRIES.
For telephone calls and
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correspondence, COMPANY will process matters of a nonjudicial
nature; matters of a judicial nature will be referred to the
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appropriate agency for determination.
For scheduled court
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hearings, COMPANY will coordinate the necessary information with
the court.
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2.
COMPENSATION
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2.1 CITY shall pay COMPANY as follows:
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California: $1.35 per citation filed
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2.2 Fee Protection Provision. If COMPANY provides the
same services to another agency within Orange County and is
secured by contract for a price lower for the same services,
said COMPANY agrees to modify contract with CITY to reflect same
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price to CITY in order to maintain fee protection provision.
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3.
EFFECTIVE DATE AND TERM
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This agreement shall become effective on
j}J'J~,J./ 3m, /990 and shall continue in full force and effect
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until terminated.
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4.
TERMINATION
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This agreement may be terminated wi thout cause upon
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thirty (30) days written notice to the other party.
INVOICING AND PAYMENT
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5.1 COMPANY shall invoice the CITY each month for
citations processed under this agreement during the previous
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month.
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5.2 CITY shall pay COMPANY within thirty (30) working
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days after receipt of each invoice.
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CAPACITY AS INDEPENDENT CONTRACTOR
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COMPANY shall perform services under this agreement as
an independent contractor. Neither COMPANY nor its officers,
agents or employees shall be considered employees of CITY.
Rights and obligations of COMPANY with CITY shall arise only
from this agreement. COMPANY shall retain all responsibility
and authority over its officers, agents and employees related to
fulfilling obligations under this agreement.
7. W~TY
COMPANY agrees to perform the services required under
this agreement with good workmanship in the art, skills, and
trades agreed to hereunder consistent with generally accepted
data processing procedures.
8. CONFIDENTIALITY
8.1 MATERIALS CONFIDENTIAL. All reports, information,
data, files and tapes furnished or prepared by COMPANY, its
subcontractors, successors or assigns (to the extent hereinafter
allowed) for the purpose of transmittal to CITY pursuant to this
agreement are confidential.
8.2 CONSENT REQUIRED FOR DISCLOSURE. No report,
information, data, files or tapes furnished or prepared by
COMPANY or its subcontractors, successors or agents, shall be
made available to any individual or organization without the
prior written approval of CITY other than individuals or
organizations who are reasonably necessary to properly
effectuate the terms and conditions of this agreement.
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insurance coverage:
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a}
Worker's compensation insurance coverage for
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its employees as prescribed by the state of California.
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b}
Comprehensive general liability policy to
include errors and omissions coverage with $500,000
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single limit liability.
12.2 COMPANY shall furnish CITY with certificates of
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insurance, evidencing the required coverages.
COMPANY shall
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name CITY, its officers and employees, as additional insureds on
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the comprehensive general liability insurance policy.
In
addition to the standard certificate of insurance, proof of each
policy shall be provided by a letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true
and correct and that the signator is an officer authorized to so
certify. certification of said letter by the insurance agent or
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broker will not be accepted.
All certificates shall provide
that each insurance carrier shall give CITY thirty (30) days
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written notice prior to any action by the carrier to reduce or
terminate the policy.
13. RETENTION OF RECORDS UPON TERMINATION
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Upon termination of this agreement for any reason,
COMPANY shall not be responsible for th retention and processing
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of CITY's data files for a period in excess of ninety (90) days
following notification of such termination. During that period
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of time, COMPANY agrees to cooperate and assist CITY with the
orderly transmission of CITY data to whatever point of delivery
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designated by CITY.
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14. AMENDMENT
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The terms and conditions of this agreement can only be
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amended by a written agreement between the parties hereto.
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15. SEVERABILITY
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The invalidity of any provision of this agreement shall
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not affect the validity of any other provision.
Any such
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invalid provision shall be severed from the agreement and the
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remainder of this agreement shall be enforced as though such
invalid provision was never included herein.
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16. ASSIGNMENT
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Neither the CITY nor the COMPANY shall assign or
transfer its interest in this agreement without the written
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consent of the other party.
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17. COMPLIANCE WITH APPLICABLE LAWS
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In the performance of this agreement , COf.lPANY shall
abide by and conform to any and all applicable laws of the U.S.,
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the State of California, and ordinances, resolutions,
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regulations and policies of the CITY.
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18. NOTICES
Notices and communications concerning this agreement
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shall be sent to the following addresses:
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CITY:
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CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR/CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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COMPANY:
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JUDICIAL DATA SERVICES
3100 LAKE CENTER DRIVE, SUITE 370
SANTA ANA, CA 92704
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WHOLE AGREEMENT
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6 This agreement constitutes the entire agreement between
7 the parties with respect to the processing of parking citations.
8 All contemporaneous and prior agreements and understandings
9 between the parties are suspended hereby.
10 IN WITNESS WHEREOF, the parties hereto have caused this
11 agreement to be executed on the month, day and year first
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CITY OF VERNON
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BY ~~ .
-- LEONIS C.. BURG, ayor
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A2fT: ;/ ~b
BRUCE V. MALKENHORST, city Clerk
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APPROVED AS TO FORM:
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P~\)/D ~n~Oy
DAVID B. B~,~tY Attorney
JUDICIAL DATA SERVICES, a
Division of OPTIMAL DATA
CORPORATION
BY~7~
Vi -President
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