HomeMy WebLinkAboutC-3232 - Parking Citation Processing and Adjudication Service• • C3R)
Meeting Date: September 28, 1998
• Agenda Item No. 7
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource N1anagement • Human Resources • Risk Dianagement • Fiscal
Services • M.LS. • Revenue • Accounting
September 28, 1998 5EP 2 E!
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL;
FROM: Glen Everroad, Revenue Manager
SUBJECT: Parking, Citation Processing Asreement
SUGGESTED ACTION: Approve the attached proposed agreement for Newport Beach
to provide Costa Mesa with parking citation processing and adjudication services through
June 30, 2003.
• SUMMARY: The Administrative Services Department processes parking citations issued
by our Police Department, with the associated fixed costs in processing these citations.
Ten years ago the City realized the potential economies of scale from the processing of an
increased volume of parking citations, and contracted with the City of Costa Mesa to
process their parking citations. The current processing fee charged to the City of Costa
Mesa ($2.00 per citation) no longer covers our fixed costs for processing their manually
issued parking citations. This agreement would increase the fee for processing manually
issued Costa Mesa parking citations to ensure that the fixed costs for this type of citation
are recovered. The proposed fees would also increase Costa Mesa's subsidy of processing
our own parking citations.
BACKGROUND: In 1988, the City of Newport Beach entered into an agreement to
provide the City of Costa Mesa with parking citation processing and adjudication services
for parking citations issued by the Costa Mesa Police Department. The agreement was
renewed in 1993 by City Council action. During fiscal year 97/98, the Administrative
Services Department processed 14,120 Costa Mesa and 47,639 Newport Beach parking
citations. Unlike the electronically generated parking citations issued by our Police
Department, Costa Mesa parking citations have been manually generated. Our fixed costs
in processing manually issued Costa Mesa parking citations are $2.53 per citation, while
our fixed costs of processing electronically issued parking citations are estimated to be
$1.86. The previous agreement provides for a $2.00 charge for each Costa Mesa citation
• processed, with an annual CPI adjustment. This agreement does not differentiate between
manually and electronically issued parking citations, and expired in June of this year.
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The proposed agreement would continue the relationship for another five years, expiring •
in June of 2003. The significant difference between the proposed agreement and previous
agreements is the differential processing fees based on whether their citations are
automated or manually issued. The proposed agreement provides that electronically
issued parking citations will be processed for $2.00 each, while manually issued parking
citations will be processed for $4.00 each. The proposed fees would, based on the fixed
costs and last year's volume, net the City of Newport Beach at least $1,975 for
electronically issued and $20,750 for manually issued parking citations. More importantly,
the charges to Costa Mesa partially offset our fixed costs in processing Newport Beach
parking citations. The proposed agreement continues the provisions for an annual CPI
adjustment to the processing fees.
The City of Costa Mesa reviewed the agreement and desires to continue the parking
citation processing service. Moreover, the City of Costa Mesa has, as a result of the
proposed agreement, purchased automated parking citation writers. Their use of these
devices will reduce our costs in providing citation processing services. This agreement
was also reviewed and approved by the City Attorney's office.
Glen Everroad
Revenue Manager
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Attachments: Agreement for Parking Citation Processing
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AGREEMENT FOR PARKING CITATION PROCESSING
• THIS AGREEMENT, entered into this _ of September, 1998, 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.
NON, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the 1" day of July, 1998, and shall
terminate on the 30' day of June, 2003, unless terminated earlier as set forth herein.
2. SERVICES TO BE 13ERFOILNIED
The City of Newport Beach shall perform the following services:
A. Recruitment, hiring and supervision of Administrative Review Officer(s) to
conduct administrative review pertaining to parking citations issued by the City
• of Newport Beach and Costa Mesa.
B. Recruitment, hiring and supervision of Administrative Hearing Officer(s) to
conduct administrative reviews pertaining to parking citations issued by the City
of Newport Beach and City of Costa mesa.
C. Data entry, verification of citation data, citation processing,and records retention
in accordance with the California Vehicle Code.
D. Citation clearance following disposition by payment or adjudication.
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 hearing and court appearances.
I. Accept all violator payments.
• J. Delinquent citation collections.
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The City of Costa Mesa shall perform the following services: •
A. Provide the transportation of Costa mesa citations for processing by the City of
Newport Beach.
B. If the City of Costa Mesa desires to have real -time on -line access to the parking
citation computer file /system, it shall obtain the installation of 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.
E. If the City of Costa Mesa desires to use automated parking citation writers, it
shall obtain and pay for any necessary hardware, software and maintenance.
3. COMPENSATION
For services performed under this Agreement, compensation shall be as follows:
The City of Newport Beach shall provide die Administrative Review Officer(s) and •
Administrative Hearing Officer(s) at its own expense. The City of Newport Beach shall
provide the physical facilities and clerical support for the Administrative Review Officer(s)
and Administrative Hearing Officers(s) at its own expense.
The City of Costa Mesa shall pay the City of Newport Beach the sum of
• $2.00 for each electronically issued parking citation received for processing
• $4.00 for each manually issued parking citation received for processing
• Payment shall be automatically adjusted each year in July to reflect the percentage
change., rounded to the nest 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 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, subleases, hypothecate or transferee shall acquire no right or interest
by reason of such attempted assignment, hypothecation or transfer.
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• 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 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 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
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
• 8. WAIVER
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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 very the provisions hereof. Any modification of this Agreement will be
effective only by written execution signed by both the City of Newport Beach and the City
of Costa Mesa.
IC. 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, suits, 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.
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, suits, 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 CITY OF NEWIPORT BEACH
a municipal corporation a municipal corporation
BY
City Manager
APPROVED AS TO FORM:
City .Attomey
i
City Manager
City Attorney
ATTEST:
City Clerk
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CC- 3 a 3
Meeting Date: September 14, 1998
Agenda Item No. 7
CWN(
CITY OF NEWPORT BEACH s E
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Human Resources • Risk Management • Fis
Services • M.I.S. • Revenue • Accounting
September 14, 1998
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Glen Everroad, Revenue Manager
SUBJECT: Parking Citation Processing Agreement
SUGGESTED ACTION: Approve the attached proposed agreement for Newport Beach
to provide Costa Mesa with parking citation processing and adjudication service through
June 30, 2003.
In 1988, the City of Newport Beach entered into an agreement to provide Costa Mesa
with parking citation processing and adjudication service for parking citations issued by
the Costa Mesa Police Department. The agreement was renewed in 1993 by City Council
action. The Newport Beach Administrative Services Department currently processes
approximately 70,000 Newport Beach and 20,000 Costa Mesa parking citations.
Electronic ticket writers have generated Newport Beach citations since 1987, while Costa
Mesa's are issued manually. Under the current agreement Costa Mesa is charged $2.00
for each citation processed. The five -year agreement expired in June of this year.
The proposed agreement is for another five years, expiring in June of 2003. The
significant difference between this proposed agreement and previous agreements is the
differential processing fees based on whether their citations are automated or manually
issued. The proposed agreement provides that electronically issued parking citation will
be processed for $2.00 each, while manually issued parking citations will be processed
• for $4.00 each. The processing fee will be adjusted annually based on the consumer price
index.
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The City of Costa Mesa reviewed the agreement and desires to continue the parking
citation +processing service. Moreover, the City of Costa Mesa has, as a result of the
proposed agreement, purchased automated parking citation writers. Their use of these
devices will reduce our citation processing costs. This agreement was also reviewed and
approved by our City Attorney's office.
Glen Everroad
Revenue Manager
Attachment:
Agreement for parking citation processing
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0 AGREEMENT FOR PARKING CITATION PROCESSING
THIS AGREEMENT, entered into this _ of , 1998, 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:
1. TERM
The term of this Agreement shall commence on the 14" day of September 1998,
and shall terminate on the 30`h day of June 2003, 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 review pertaining to parking tickets issued by the
City of Newport Beach and Costa Mesa.
B. Recruitment, hiring and supervision of Administrative Hearing Officer(s) to
conduct administrative reviews pertaining to parking tickets issued by the
City of Newport Beach and City of Costa Mesa.
C. Data entry, verification of citation data, citation processing, and records
retention in accordance with the California Vehicle Code.
D. Citation clearance following disposition by payment or adjudication.
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 hearing and court appearances.
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I. Accept all violator payments. 0
J. Delinquent citation collections.
The City of Costa Mesa shall perform the following services:
A. Provide the transportation of Costa Mesa citations for processing by the
City of Newport Beach.
B. If the City of Costa Mesa desires to have real -time on -line access to the
parking citation computer file /system, it shall obtain the installation of data
grade telephone line compatible with the City of Newport Beach's
computer and pay the monthly rental.
C. 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.
D. If the City of Costa Mesa desires to use automated parking citation writers,
it
shall obtain and pay for any necessary hardware, software and maintenance.
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 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) and Administrative Hearing Officers(s) at its own expense.
The City of Costa Mesa shall pay the City of Newport Beach the sum of:
$2.00 for each electronically issued parking citation received for processing
$4.00 for each manually issued parking citation received for processing
Payment 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 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, subleases, 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 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
0 effective upon delivery notice.
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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.
E:�XWIVA11 0
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 very 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.
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.
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. CITY OF COSTA MESA
a Municipal Corporation
BY
City Manager
APPROVED AS TO FORM:
City Attorney
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CITY OF NEWPORT BEACH
a Municipal Corporation
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City Manager
City Attorney
ATTEST:
City Clerk