HomeMy WebLinkAboutC-2706 - Parking Ticket CollectionCITY OF NEWPORT BEACH
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OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK,
DATE: September 30, 1993
(714) 644 -3005
SUBJECT: *Contract No. C -2706
Description of Contract Parking Ticket Collection
Effective date of Contract July 1 1993
Authorized by Minute Action, approved on July 26 1993
Contract with City of Costa Mesa
Address 77 Fair Drive
Costa Mesa CA 92626
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
f' -30 -93
council agenda no: 16
July 26, 1993
TO: MAYOR AND CITY COUNCIL. MEMBERS FM 2 6W
FROM: Glen Everroad, Revenue Manager
SUBJECT: PARKING CITATION PROCESSING AGREEMENT C —2 70,,6
Background
This City's Finance Department processes approximately 100,000 parking citations issued
by the Police Department each year. In 1988, the City entered into an agreement with the
City of Costa Mesa for this City to process parking citations issued by Costa Mesa Police
Department. The five year agreement with the City of Costa Mesa expired on June 30 of
this year.
The Finance Department processes approximately 20,000 Costa Mesa parking citations
annually. The agreement with Costa Mesa provided for a per citation processing fee of
$0.50 that was to be adjusted annually. The fee was never adjusted.
Discussion
Unlike any other Orange County city, this City has performed processing and adjudication
of parking citations since 1988. A number of private contractors now provide parking
citation processing, but not adjudication, services. A survey of private parking citation
processing contractors found the average per citation fee for processing (not including
adjudication) to be $1.25.
The City of Costa Mesa desires to renew the agreement with this City to provide parking
citation processing and adjudication services. The attached proposed agreement provides
for the City to process and adjudicate Costa Mesa's parking citations at $1.25 per citation
for the next five years. This agreement will also provide for an automatic annual
adjustment according to the change in the Consumer Price Index. The City of Costa Mesa
will be responsible for providing facilities and clerical support for a portion of the
adjudication process.
Recommendation
This office recommends Council approve the attached proposed agreement between this
City and the City of Costa Mesa to provide parking citation processing and adjudication
services thru June 30, 1998.
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AGREEMENT FOR PARKING TICKET PROCESSING
THIS AGREEMENT, entered into this of July, 1993, by and between the
CITY OF NEWPORT BEACH, a municipal corporation and CITY OF COSTA MESA, a
municipal corporation, is made with reference to the following:
WHEREAS, the City of Newport Beach and City of Costa Mesa desire to enter
into an agreement for services and activities relevant to the processing of parking citations
in both cities upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the 1st day of July, 1993, and shall
terminate on the 30th day of June, 1998, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
The City of Newport Beach shall perform the following services:
A. Recruitment, hiring and supervision of Administrative Review Officer(s) to
conduct administrative reviews pertaining to parking tickets issued by the City of Newport
Beach and City of Costa Mesa.
B. Recruitment, hiring and supervision of Administrative Hearing Officer(s) to
conduct administrative hearings pertaining to parking tickets issued by the City of
Newport Beach and City of Costa Mesa.
C. Data entry, verification of citation data and records retention.
D. Citation clearance following disposition by payment or adjudication.
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E. Department of Motor Vehicles interface to include registered owner inquiry,
hold placement and release.
F. Printed reports by mutual agreement as to format and frequency.
G. Provide the appropriate technical specifications and requirements for
real -time on -line access to the parking citation computer files /system.
H. Coordination and calendaring of hearings and court appearances.
The City of Costa Mesa shall perform the following services:
A. Provide physical facilities and clerical support for the Administrative Hearing
Officer(s).
B. Provide the transportation of Costa Mesa citations and Administrative Hearing
Officer records for processing by the City of Newport Beach.
C. If the City of Costa Mesa desires to have real -time on -line access to the parking
citation computer files /system, it shall obtain the installation of a data grade telephone line
compatible with the City of Newport Beach's computer and pay the monthly rental.
D. If the City of Costa Mesa wishes to use a microcomputer for access to the
parking citation computer system, it shall obtain and pay for the microcomputer and any
other necessary hardware and software.
3. COMPENSATION
For services performed under this Agreement, compensation shall be as follows:
The City of Newport Beach shall provide the Administrative Review Officer(s) and
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Administrative Hearing Officer(s) at its own expense. The City of Newport Beach City
shall provide the physical facilities and clerical support for the Administrative Review
Officer(s) at its own expense. The City of Costa Mesa shall provide the physical facilities
and clerical support for the Administrative Hearing Officer(s) at its own expense. The City
of Costa Mesa shall pay the City of Newport Beach the sum of $1.25 for each citation
received by the City of Newport Beach for processing. Payment shall be due and payable
within (30) days of receipt of invoice. The per citation fee shall be automatically adjusted
each year in July to reflect the percentage change, rounded to the next half dollar, in the
cost of doing business as measured by the consumer price index.
4. PROHIBITION AGAINST TRANSFERS
Either party shall not assign, sublease, hypothecate, or transfer this Agreement of any
interest therein directly or indirectly, by operation of law or otherwise without prior
written consent of the other party. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer.
5. RECORDS.
Each City shall maintain complete and accurate records with respect to salary, costs,
expenses, receipts and other such information that relates to the performance of services
under this Agreement.
6. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on
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the second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from the City of Costa Mesa to the City of
Newport Beach shall be addressed to the City of Newport Beach at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: City Manager
All notices, demands, requests, or approvals from the City of Newport Beach to the City
of Costa Mesa shall be addressed to the City of Costa Mesa at:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attention: City Manager
7. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of fourteen
(14) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the Agreement may be terminated effective
upon delivery of notice.
Each City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving sixty (60) day's prior written notice to the other City as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
a
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portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
8. WAIVER
A waiver by either City of any breach of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant, or condition contained herein whether of the same or a different character.
9. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant
shall be held to vary the provisions hereof. Any modification or this Agreement will be
effective only by written execution signed by both the City of Newport Beach and the City
of Costa Mesa.
10. HOLD HARMLESS
The City of Costa Mesa shall indemnify and hold harmless the City of Newport Beach,
its City Councils, boards, commissions, officers, agents, servants, and employees from and
against any and all loss, damages, liability, claims, suites, costs and expenses, whatsoever,
including reasonable attorney's fees, regardless of the merit or outcome to any willful or
negligent act or omission by the City of Newport Beach in connection with this
agreement.
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The City of Newport Beach shall indemnify and hold harmless the City of
Costa Mesa, its City Councils, boards, commissions, officers, agents, servants, and
employees from and against any and all loss, damages, liability, claims, suites, costs and
expenses, whatsoever, including reasonable attorney's fees, regardless of the merit or
outcome to any willful or negligent act or omission by the City of Costa Mesa in
connection with this agreement.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
CITY OF COSTA MESA
a municipal corporation
BY
Me 'er C% ✓�Ann�6/
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
a municipal corporation
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6 City Attorney
/ /L/ rir�r��11
City Clerk
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 1, 1988
SUBJECT: Contract No. C -2706
Description of Contract Parking Ticket Collection
Effective date of Contract July 1 1988
Authorized by City Manager
Contract with City of Costa Mesa -
Address P.O. Box 1200
Costa Mesa CA 92628 -1200
Amount of Contract (See Agreement)
"9� 4-e� 64e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
CITY OF COSTA MESA
CALIFORNIA 92628.1200 P. O. BOX 1200
FROM THE OFFICE OF THE CITY CLERK
June 27, 1988
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: City Manager
Gentlenen:
Enclosed is a fully executed copy of the agreement
between you and the City of Ccsta Mesa for Parking Ticket Collection.
The agreement was approved at the regular City Council
neeting of June 20, 1988.
VeAry- truly yours,
EILEEN P. PHINNEY
City Clerk
ss
cc: Lt. Regan, Police Dept.
Allan Roeder, City Manager
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77 FAIR DRIVE (714) 754 -5223
. C -7706
AGREEMENT FOR
PARKING TICKET COLLECTION
THIS AGREEMENT, entered into this PU*01 of June, 1988, by and
between CITY OF NEWPORT BEACH, a municipal corporation and CITY OF
COSTA MESA, a municipal corporation, is made with reference to the
following:
WHEREAS, City of Newport Beach and City of Costa Mesa desire to
enter into an agreement for services and activities relevant to
the processing of parking citations in both cities upon the terms
and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties a follows:
1. TERM
The term of this Agreement shall commence on the 1st day of
July, 1988, and shall terminate on the 30th day of June, 1993,
unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City of Newport Beach shall perform the following services:
A. Recruitment and hiring of one (1) Administrative Hearing
Officer to conduct administrative hearings pertaining to parking
tickets issued by City of Newport Beach and City of Costa Mesa.
B. Data entry and verification of citation data.
C. Citation clearance after disposition by payment or
adjudication.
D. DMV interface via magnetic tape, to include registered
owner inquiry, hold placement and release.
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E. Printed reports by mutual agreement as to format and
frequency.
F. The City shall share the responsibility for the
transportation of Costa Mesa citations for processing and the
citations of both cities for clearance with the City of Costa
Mesa.
G. Provide a UTS20 terminal and instruction in its use. A
terminal printer can be made available for the remote printing of
reports at the City of Costa Mesa.
H. Provide the appropriate technical specifications and
requirements for such access if the City of Costa Mesa desires to
have real -time on -line access to the parking citation computer
files /system.
City of Costa Mesa shall perform the following services:
A. Provide physical facilities and clerical support for the
Administrative Hearing Officer which include court appearance
calendaring.
B. Obtain its own identifier code from DMV and shall provide
the City of Newport Beach with same. The City of Costa Mesa shall
notify DMV that the City of Newport Beach is authorized to
receive, send and process data for the City of Costa Mesa.
C. Share the responsibility for the transportation of Costa
Mesa citations for processing and the citations of both cities for
clearance with the City of Costa Mesa.
D. If the City of Costa Mesa desires to have real -time on-
line access to the parking citation computer files /system, it
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shall obtain the installation of a data grade telephone line
compatible with the City of Newport Beach's computer and pay the
monthly rental.
E. If the City of Costa Mesa wishes to use a microcomputer
for access to the parking citation files, it shall obtain and pay
for the microcomputer and any other necessary hardware and
software.
3. COMPENSATION
For services performed under this Agreement, compensation shall
be as follows:
City of Newport Beach shall provide the Administrative Hearing
Officer at its own expense. City of Costa Mesa shall provide the
physical facilities and clerical support for the Administrative
Hearing Officer at its own expense. City of Costa Mesa shall pay
City of Newport Beach the sum of $.50 for each citation received
by the City of Newport Beach for processing with thirty (30) days
of receipt of an invoice. The compensation specified in this
paragraph shall be reviewed annually and shall be adjusted upon
mutual consent of the undersigned parties.
4. PROHIBITION AGAINST TRANSFERS
Either party shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without prior written
consent of the other party. Any attempt to do so without said
consent shall be null and void, and any assignee, sublessee,
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hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
5. RECORDS
Each City shall maintain complete and accurate records with
respect to salary, costs, expenses, receipts and other such
information that relates to the performance of services under this
Agreement.
6. NOTICES
All notices, demands, requests or approvals to be given under
this Agreement shall be given in writing and conclusively shall be
deemed served when delivered personally or on the second business
day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from City of Costa
Mesa to City of Newport Beach shall be addressed to City of
Newport Beach at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, Ca 92663
Attention: City Manager
All notices, demands, requests, or approvals from City of
Newport Beach to City of Costa Mesa shall be addressed to City of
Costa Mesa at:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attention: City Manager
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7. TERMINATION
In the event either party hereto fails or refuses to perform
any of the provisions hereof at the time and in the manner
required hereunder, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured
within a period of fourteen (14) days after receipt of written
notice of default, specifying the nature of such default and the
steps necessary to cure such default, this Agreement may be
terminated by giving written notice thereof.
Each City shall have the option, at its sole discretion and
without cause, of terminating this Agreement by giving sixty (60)
days' prior written notice to the other City as provided herein.
Upon termination of this Agreement, each party shall pay to the
other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of
termination.
B. WAIVER
A waiver by either City of any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant, or
condition contained herein whether of the same or a different
character.
9. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties hereto and
all preliminary negotiations and agreements of whatsoever kind or
nature are merged herein. No verbal agreement or implied covenant
shall be held to vary the provisions hereof. Any modification of
this Agreement will be effective only by written execution signed
by both City of Newport Beach and City of Costa Mesa.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
CITY OF COSTA MESA, a
muni � al �cprporat'on
BY - .../��/
Mayor
APPROVED AS TO FORM: A
C i*°�A`ttdrney
AT ST:
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY
CITY OF NEWPORT BEACH,
a municipal corporation
BY
City Manager
A OVED A TO FORM:
Ci y Attorney
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