HomeMy WebLinkAbout8.3 ProcessingParkingCitations
".,,~~
~.
..
.
.
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 14, 1993
SUBJECT:
City Processing ot parking citations
^~/(Prepared by: Paul S. Rankin, Assistant
"(T Manager)
city
EXHIBITS ATTACHED:
Exhibit 1:
/ Letter dated April 22, 1993 trom
Phoenix Group to city of Pleasanton
/Resolution Authorizing an Agreement
for Parking citation services from
Phoenix Group Information Systems
3: / ReSOlution Establishing Ci ty
parking penalty Schedule
Exhibit 2:
Exhibit
Y;,r,A-
Receive the Staff Report; adopt the Resolutions;
authorize an additional appropriation in Fiscal
Year 1993/94 of $6,000 from increased parking
citation revenue; and authorize Staff to proceed
with all tasks necessary to proceed with
implementation.
RECOMMENDATION:
FINANCIAL STATEMENT:
The City will incur costs for printing citations
and administrative costs. Preliminary data
suggests that costs should be oftset by additional
citation revenue, as the county has been
COllecting approximately 21% of all parking
ci ta tion revenu.~"
DESCRIPTION: During the last legislative session, the State
Legislature adopted AB408, which becomes effective July 1, 1993. This
legislation is intended to decriminalize parking citations and impose civil
penalties on violators. As such, the responsibility for levying and
collecting these penalties is also being transferred from the Courts to the
city.
staff is proposing a two phase implementation process. The language of the
statute provides that the municipal courts are to assist cities with the
transition process between July 1, 1993 and December 31, 1993. It is
important, however, for the city to proceed in an expeditious manner with
the provision for these services. The first phase will involve
implementation of a process to collect parking penalties and conduct an
administrative review of any contested citations. The second phase will
require the city to develop procedures for an independent hearing process
before an examiner designated by the City.
PRASE 1 - COLLECTION SERVICES AGREEMENT
Representatives from the Cities ot Livermore, Pleasanton, Dublin, and Las
Positas college reviewed proposals to provide citation processing services.
The agencies believed that there may be some benefits to all of the
agencies utilizing the same service provider. At the Statf level, all of
the agencies believed that the proposal by the Phoenix Group most clearly
met our needs and would provide services in a cost effective manner. Las
Positas College has already been a client ot this firm and has been pleased
with the services provided. ,The proposal from this firm was based upon an
assumption that multiple agencies would utilize the service.
The city of Pleasanton Staff assisted in coordinating the proposals by
service providers. Exhibi t 1 is a copy of the cover letter which was
provided at the presentation by Phoenix Group. This provides both
background on the firm, as well as an outline of the services provided.
::::-::~---~-~~----------~;~~;;-;;~----------~:::~~
~
.
.
The following describes the process which would be implemented upon
approval of an agreement with Phoenix Group:
outline of parkinq Citation Process Under AB408
DUblin Police services (DPS) - Otticer cites a car for a parking
violation. The citation will be a new format which reflects the
language required in AB408.
violator - The citation will inform the violator of the amount of the
penalty and they will be instructed to mail paYment to a designated
address. The paYment will be made payable to city of Dublin and
mailed to Phoenix Group address.
DPS - On a periodic/regular basis, Police services will forward to
Phoenix Group copies of all parking citations issued.
Phoenix - The company will input the citations received into their
computer system and generate a Delinquency Notice. This is mailed to
the violator, who has 10 days to pay the citation prior to the
citation becoming delinquent.
Phoenix - will process and account for all monies received including
any late penalties. All deposits are made directly to the City'S bank
account.
Phoenix - will process a DMV hold on all penal ties which remain
unpaid. This means that the car cannot be registered without payment
of the outstanding amounts. (Phoenix representatives have indicated
that this typically results in a 30% recovery.)
city - The City will need to process payments to Phoenix for
services. In addition, state Law requires that the city
surcharges tor court and jail construction to the county.
amount to $5.00 for each citation.
their
remit
These
DPS - will need to have a process in place to provide for an
administrative review of citations which are disputed. This will
involve a review of the documents, as well as information provided by
the violator. The reviewer may dismiss the violation if circumstances
so warrant this action. It is anticipated that this will be assigned
to the Sergeant responsible for oversight of the Parking citation
Program.
violator - In the event that the Violator does not agree with the
findings of the Administrative Review, a hearing may be requested.
The violator (with certain exceptions) must deposit the entire penalty
amount in order to exercise this option.
At this time, staff is not proposing implementation of procedures beyond a
violator requesting a hearing. staff has discussed with the Municipal
Court Administrator the ability for the Court to continue to conduct
hearings. staff has suggested that a tee arrangement be developed on a per
hearing basis. County ofticials are currently considering how this will be
accomplished. Based on data from the Phoenix Group and the volume of
parking citations issued in Dublin, fewer than four citations per month are
anticipated to be contested. The use of the Courts as a hearing examiner
is intended to be an interim measure. staff has indicated to the Court
Administrator that the City would strive to assume responsibility for the
process by October 1, 1993.
COSTS
The proposed agreement with the Phoenix Group provides for a fee of $1.10
per citation, with a minimum monthly charge of $100. The agreement also
provides for Phoenix to receive 35% of any penalties collected on out of
-2-
~~\q.,d,"'~I';'1':":
.
.
state vehicles. The cost of collecting parking citations on an out of
state vehicle is significantly higher since notices must be mailed to the
"Registered OWner. " The City also must incur printing costs associated
with citations, bank deposit slips, and other forms which will be utilized
in the administration of parking citations. The agreement also provides
for Phoenix to provide the city with a Fidelity Bond in an amount and with
limits subject to the approval ot the city Manager. staff will be working
with the surrounding agencies to determine whether the cost could be shared
for a joint bond. The city would be responsible tor its pro rata cost of
the bond, not to exceed $250. As previously noted, the city is required to
pay the county a surcharge of $5.00 per citation. These fees are utilized
by the county for court and Jail construction.
The following is a breakdown of the budget adjustments required to
implement the portion of the parking citation Program addressed by this
report:
Additional Aoorooriation
printing Citations/Documents
Contract Services - processing
County Pees (Jail/Court construction)
Total Costs for Initial Program
$ 750
$ 1,450
S 3.800
$ 6,000
The additional appropriation will come from increased parking citation
revenues. The amount estimated for County Fees is based on $5 per
citation. The total fees would cover 760 citations. The actual expense
could be more or less depending on the number of citations processed.
Staff would recommend that the City council authorize an additional
appropriation as discussed above.
It is important to note that additional? ~'costs will ):)e incurred once the
City develops a procedure for direct provision of the Administrative
Hearing Examiner. The costs presented do not account for staff costs
involved with this service. The Administrative Services Department will
have additional time expended on finance and contract administration. The
Police services Department will have time associated with processing
citations and conducting Administrative Reviews.
REvENuEs
When the state enacted AB408, it did allow cities to establish their own
penal ties. staff has prepared a proposed Penalty Schedule, which is
attached as Exhibit 3. The starting point for developing this schedule was
the current bail schedule used by the Livermore Pleasanton Dublin Municipal
court. The bails which were reflected on those schedules already include
the $5.00 surcharges for Court and Jail construction. The existing bail
amounts were then modified as follows:
(a) Bails which are currently $31.00, $41.00 and $56.00 were reduced to
$30.00, $40.00 and $55.00, respectively.
(b) The lowest bail on the current schedule is $20.00.
recommending that this be increased to $25.00.
staff is
(c) The County pOlicy enacted by the local judges in 1986 doubled the bail
for individuals who did not respond to a Delinquent Parking Notice.
The proposed schedule provides for a maximum late penalty of $100.00.
Given the complexities of assuming total responsibility for a service
previously provided by the County, it is difficult to project revenues in
relationship to costs. The current data-on parkinq citations is not easily
retrievable. Also, the cities have very little data related to the
disposition of parking citations, which were handled by municipal judges.
Preliminary data indicates that revenues should increase. Currently, the
Court is authorized to retain approximately 21% of the bail collected.
-3-
.".';'.
.
.
several of the independent citation processing firms suggest that they can
improve the amounts collected at a lower cost. staff will be monitoring
costs associated with the entire parking citation process, and may
recommend in the future adjustments to the penalty Schedule, in the event
that total revenue collected is considered inadequate. At this time, Staff
recommends adoption of the Resolution identified in Exhibit 3, which will
esta~lish parking penalties.
FtrruRE STEPS REOUIRED
As noted, city council approval of the agreement with the Phoenix Group is
only the first step in the process of assuming responsibility for this
service. The following are items which will be undertaken by Staff over
the next 3 months:
(a) Des ign and purchase new ci ta tions .
1993.)
(Must ~e in place ~y July 1,
(b) Finalize forms to be used by violators requesting and Administrative
Review. (Must be complete by July 1, 1993.)
(0) Finalize agreement with Alameda County for interim hearing officer.
(Pending response from Alameda county statf.)
(d)
Implement internal finance and reporting
contract with Phoenix Group for processing.
1, 1993.)
procedures required by
(TO be complete by July
(8) Develop Guidelines to be used by an examiner to be appointed by the
City. (TO be completed to provid~ for implementation by October 1,
1993.)
~.-..
(f) Identity options available and present a report to city Council on the
assumption of the Administrative Bearing process and appointment of an
Examiner. (This is targeted for completion by October 1, 1993.)
Staff will be reporting back to the City council at a later date on those
items which require City Council action. Statt would recommend that the
city council authorize Staff to proceed with all tasks necessary to
accomplish the full implementation of the AB408 program. In some cases,
such as finalizing agreements with Alameda County, this will be undertaken
without further formal action by the city council.
CONCLUSION
Staff recommends that the city council take the following actions:
(1) Adopt the Resolution authorizing agreement for parking citation
processing services from Phoenix Group Information systems.
(2) Adopt the Resolution EstabliShing a parking Penalty Schedule.
(3) Authorize staff to carry out all steps necessary to fully implement
the requirements of the law. This includes an addi tional
appropriation in the 1993-94 budget of $6,000. Also required will be
interim services of an Administrative Hearing Examiner. Staff will
present for City council approval a final report and recommendation on
a permanent process for conducting Administrative Hearings.
a:6140ita.
-4-
'HOENIX GROUP ·
INFORMATION SYSTEMS
April 22, 1993
Mr. David Iremonger
City of Pleasanton
200 Old Bernal Ave.
Pleasanton, CA 94566
Dear Mr. Iremonger:
I would like to thank you for the opportunity to provide information about PHOENIX GROUP
Information Systems and our UNIClTE program to the City of Pleasant on, and provide the City
with an alternative to the current method. Our parking citation management program has been
in operation for over 10 years. Our processing service for the citations issued to California
vehicles is complete and includes everything from the data entry to the collecting and processing
of payments.
Our collections for citations issued to out-of-state vehlHes have been quite. successful, even after
another vendor has attempted to collect the revenue. The process is quite significant but at the
same time very simple. The process mainly consists of obtaining the missing registered owner
information and sending the notices. With this in mind, you can realize that after the
registration information is received (monthly communication with 49 states - quite involved) we
can send the notices in your behalf.
The best part about our service is that we can customize the program to allow the City to
participate in part of the process. For example, PHOENIX could process all the citations,
communicate with the DMV and generate the noticeS. If the City would like to control the
monies, the notices may be produced with the City's return address for processing. If the City
does not have the staffmg to process the money, PHOENIX will process and deposit the
revenues into a bank account established hy the City. As you can see the City has many options
to create a program that will meet every need.
The UNICITE program includes:
a. Data entry
b. DMV communication
c. Court communications
d. Out of state DMV fees
e. Notice of Illegal Parking (notices)
,J,
EXHIBIT 1
369 VAN NESS WAY, SUITE 730
.
TORRANCE. CA 90501
.
(310) 320-9344 · FAX (310) 320-9228
.
.
f. Payment Processing
g. Reporting
h. Citizen toll free inquires
i. Customer support
j. Computerized Ticket Writers
In an effort to provide some detail on our processing, I have included the following:
CITATIONS
To begin this process the City would provide PHOENIX with the citations issued. They would
be forwarded to us on a regular schedule. After we have this information, we will immediately
begin to communicate with the DMV as well as any state that would be applicable to obtain
registered owner information.
DMV COMMUNICATIONS
We communicate with the DMV on-line through their direct access program. We will
communicated with the DMV on a continual basis. We will request the registered owner
information for processing the notices. We will als~ inform the DMV of any citations unpaid
after the time provided and request the vehicle b,e placed on "registration hold". Our
communication with each DMV (out-of-state) is through either magnetic tapes or hard copy
(paper). Each state is different as to the method of operation. However, this is not a process
that involves the City. After the registered owner information is received we will send notices
to the violators. If the City does not have an identifier number with the DMV (California) we
will take care of the arraignments necessary to set-up an account.
NOTICE-OF-ILLEGAL PARKING
The notice will identify the original amount due for the violation and the late fees applicable
after ten days of receipt of the notice. The law will not allow additional penalties to the notice.
The notice will not threaten to affect their credit, it will identify the citation the same as the
Court or city. The Notice-of-Delinquent Parking follows the guidelines recommended by
Judicial Council.
PA YMENTS
The notice will be returned to the address provided by the City. This may be to: Parking
Citation Service Center, (PHOENIX DBA) or to the City. The process of collection the revenue
may be done by the City or by our staff.
.;,
2
. .
.
.
BANK DEPOSITS
The deposits will be made directly to an account maintained by the City. The City will supply
our office with deposit slips (NCR triplicate copies) and a self inking endorsement stamp. The
deposits will be made daily provided the bank of choice has a local branch in the City of
Torrance. We will mail copies of the receipts for deposit information. Monthly we will send
revenue reports to balance the account.
AB 408 IMPLEMENTATION
Phoenix Group is in the process of enhancing our system and extend our services. Our system
will allow for detailed information and reporting on Administrative reviews, Hearing Examiners,
and possible civil court hearings. Most of all the features will be available to our customers at
no additional charge. Additional services will also be offered (for an additional fee), such as,
scheduling hearings, hearing confirmation letters, disposition letters, etc.
COSTS
Phoenix Group will charge the City based on specific needs or requirements. The following fees
would be an estimate for the services listed within this letter: .
In-State Processing: $1.10 per citation for each '5i~tion processed. PHX will charge a
minimum monthly fee of $100.00.
Contingency fee: PHX shall retain 32 % (thirty-two percent) of the revenues collected for
citations issued to out-of-state vehicles. PHX will not charge the City for any costs related to
obtaining registered owner information.
Backlog citations: All citations received as part of the backlog will be billed (invoiced) for only
the citations which have not gone to notice and received via magnetic media. All backlog
citations will be billed as a one time fee for open citations without a notice generated, Cost of
$.90 per citation.
Phoenix Group will also include at no additional charge a conversion of the backlog to our
system.
PHOENIX STAFF
Our experience with citation processing is quite extensive with over 45 years experience between
key staff members.
.;.,
3
.
.
Robert Murphy _ President, is a CPA (Previously with Peat Marwick), with expertise in
Computer Auditing.
Jerome Chandler _ Vice President, has over 25 years experience in data processing and is one
of the original architects of the UNICITE system.
Mary Houghton - Vice President of Marketing, began marketing citation management when the
courts first began releasing the process to Cities in 1980. She was also selected as the Parking
Professional of the Year for 1991 by the California Public Parking Association.
AGREEMENT
PHOENIX GROUP will request the City sign an agreement of services. A sample agreement
will be provided for review.
As you can see the process can be very extensive. I have attempted to address all the issues that
would be in question. Additionally, I am including a partialllst of references.
;
I am often in the area and would be happy to meet wit~ you, please give me a call and we can
discuss this in greater detail. I will look forward to meeting with you. .
Sincerely,
~-f/tr~~
Mary Houghton
Vice President of Marketing
..
4
'HOENIX GROUP ·
INFORMATION SYSTEMS
PHOENIX GROUP Infonnation Systems - REFERENCES - (Partial List)
NAME
City of Bell Gardens
Mr. Steve Steinbrecher
Community SeIVices Director
ADDRESS AND TELEPHONE
7100 Garfield Ave.
Bell Gardens, CA 90201
(310) 806-4532
Cerritos College
Chief Elmer Omohundro
Police Department
11110 Alondra Blvd.
Norwalk, CA 90650
(310) 924.3618
City of Del Mar
Ms. June Stevens
Tax and Revenue Inspector
1050 Camino Del Mar
Del Mar, CA 92014
(619) 755-9354
City of Hermosa Beach
Ms. Marguerite Sturges
Data Processing Manager
1315 Valley Blvd.
Hermosa Beach, CA 90254
(310) 318.0253
City of Buena Park
Sgt. Michael McNeilly
Police Department
-:;. '.oO
6650 Beach Blvd.
Buena Park, CA 90622
(714) 562-3941
City of Garden Grove
Mr. James Howell
Manager
13802 Newhope Street
Garden Grove, CA 92643
(714) 741-5379
City of Rancho Cucamonga
Mr. Duane Baker
Assistant City Manager
1000 Civic Center
. Rancho Cucamonga, CA 91729
(714) 989-1851
San Bernardino Valley College
Ms. Sandy Bigos
Manager
701 S. Mt. Vernon Aw.
San Bernardino, CA 92410
(714) 888-6511 x1209
Pasadena City College
Chief Phil Mullendor
police Department
1570 E. Colorado Blvd.
Pasadena, CA 91106
(818) 585-7486
...
University of IIVine
Ms. Sandy Croswell
Assistant Director
Transportation and Parking
Irvine, CA 92717
(714) 856-7620
369 VAN NESS WAY, SUITE 730 ·
TORRANCE. CA 90501 · (310) 320-9344 · FAX (310) 320-9228
. .
RESOLUTION NO. - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************
RESOLUTION AUTHORIZING AGREEMENT FOR PARKING CITATION PROCESSING
SERVICES FROM PHOENIX GROUP INFORMATION SYSTEMS
WHEREAS, state law has been amended effective July 1, 1993 to
decriminalize parking citations; and
WHEREAS, the legislative mandate transfers to the city
responsibility for processing parking citations; and
WHEREAS, Staff members from surrounding agencies have reviewed
proposals and identified a firm capable of providing processing
services in a professional and cost effective manner.
NOW, THEREFORE, BE IT RESOLVED that the. city council of the city
of Dublin does hereby authorize the Mayor to execute, on behalf of the
city, an agreement with Phoenix Group Information Systems which shall
be substantially in the form attached."hereto and by reference made a
part hereof. 7i- ,;
PASSED, APPROVED AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
city Clerk
a:ResoPhoe.doc.agenda#12
EXHIBIT Z
MRRY HOUGHTON
ItL NO.l~lU~LV~LLV
.PHOENIX GROUp.
INFORMATION SYSTEMS
CITATION PROCESSING AGREEMENT
';
pHOENIX GROUP Information Systems, a California cO!}>oratton
369 Van Ness Way, Suite 730
Torrance, CA 90501
(310) 320-9344
(hereinafter referred to as "PHX"), '
agrees to provide to:
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
(hereinafter referred to as "CITY")
Ongoing Citation Processing in accordance with the following terms and conditions:
~.o PROCE.<\SlNG SERVICES PROVIDED
PHX shall receive from the CITY and process-~parking citations issued to California and
out-of-state vehicles. PHX will provide processing"l.r1d conversion for any ouhitanding citations
which were written prior to the date of this agreement.
.1.1 Citation referral and Reconciliation~ The CITY will forward citations (hard copy) to PHX
on a regular schedule. Monthly citation statistics reporting will provide detail of the information
received. The CITY will also include payment information as well as cancellations, dismissals,
voids, corrections and/or other relevant information pertaining to the citation(s) status.
1.2 Re~istered Owner Information: PHX wm be responsible for requesting all DMV registered
owner information, communications, and costs for each state. If PHX is unable to obtain the
information necessary I the citation may be returned to the CITY for research or follow-up.
L~ DelinQ.uencv Notices: PHX will generate and mail the notices for citations which have been
referred to PHX by the CITY. The mailed notice will include:
A. citation number,
B. date and time of issuance,
C. violation and description,
D. the amount of fine/fee due, and
E. how to pay the citation
f. return address for payment.
.1.4 Notices: Notices are sent to the owner that DMV has on record at the time the Citation is
written.
:i
2.0 PAYMENT PROCF,SSING
All payments will be forwarded (by the violators) to PHX for processing and deposHlng of
369 VAN NESS WAY. SUITE 730 . TORRANCE, CA 90501 · (310) 320-9344 · FAX (310) 320-9226
MRRY HOUGHTON
TEL No.131032U~~~~
nI"l v, JV
.
.
revenues. All deposits will be made by PHX within 24 . 48 hours of receipt of payment.
Deposits will be to a bank account (maintained by the CITY) to a local branch in Torrance, PHX
will have final approval of The bank's location. The CITY will supply PHX with an
endorsement stamp (sel f inking) and deposit slips (NCRM Triplicate). If the CITY elects to collect
payment. from violators. the CITY will deposit moni... collected and Ihe information will be
forwarded to PHX.
..
.,.
2.1 Di~osition retention: PHX will maintain all citation information for a period of one year,
or until data is returned to the CITY, whichever occurs first. No data will be purged authorized
in advance by the CITY.
2.2 Revenue ReDOrtin~~ PHX will forward monthly revenue reports to balance the deposits ror
the month. These reports will also account for the amount charged by PHX for out-of-state
services in accordance with Section J2.
3.0 CUSTOMER SERVICE
Customer service will be provided to the CITY on an on-going basis. Customer service includes
but not limited to training of the system with respects to CITY interface in all aspects and
reporting.
3.1 Inauirv assistance: PHX will provide a toll fee (800) telephone number for any or all
inquires fron; violators. Inquiries are available to Violators (and should not include CITY staff).
Hours for inquires are Monday through Friday (exc1uding holidays) frora 8:00 A.M. .5:00 PM.
4.0 REPORTING
PHX will supply the CITY with the necessary monthly reports as follows:
A. Revenue collection report
B. Nutices of delinquent parking
C Citation status report
D Repeat Offender Report
E Deposit report
Reports which are part of the UNIClTE system may be provided to the CITY at no additional
charge.
~.o FEF-S
In consideration of the services provided, the CITY agrees to pay the following fees:
~11n-State processin.e:: $1.10 per citation for each citation issued. PHX will charge a minimum
monthly fee of $100.00.
~.,2 Ol1t-of~State . Continl!ency fee: PHX shall charge 35 % (thirty~five percent) of the revenues
collected for citations issued to out-of-state vehicles. PHX will not charge the CITY for any
costs related to obtaining registered owner information.
~,3 Backloi citation processine: PHX will charge the CITY for any citations issued and
transferred to PHX on magnetic media are considered backlog and processed at the per notice
cost. Backlog citations are citations written prior to the date of this agreement.
, ~,
MRRY HOUGHTON
.
&0."'.
TEL No.13103209228
.
Rpr
~,'j.)
:>',L:J I,UIIVVV I......'
.
5.4 Price increases~ On an annual basis PBX may request an increase in the amounts billed
CITY. Said r"'luest shall not exceed 5 percent and shall be subjecllo written approval by
CITY. PBX shall provide CITY wilh 60 days advan~ notice of any r"'luesled increase, with
the exception of postal increase addressed in Section,.5.
5,5 Postal increases: In the event of a postat Increase, PBX may request an adjustment to the
fees to off-set the postal increase. Such re<juests will be in writing and shall be subject to written
approval by CITY.
'I'
'I'
S.6 paymenl to PBX _ Late penalties~ PBX will Invoice the CITY monthly for all services,
The CITY agrees to pay all invoices within 30 days of receipt. In the event the CITY falls to
. pay any amount due under this Agreement, the CITY, upon demand shall pay interest at the rate
of 1.5 % per month (but not exceeding the maximum allowed by Law) on any delinquent amount
from the due date until date of payment.
5.7 NSF Checks/refunds~ The CITY will process all checks returned by the bank. Uncollected
payments may be returned to PHX to reactivate the citation. In the event necessary, refunds will
be processed by the CITY. For reporting of revenlle distriblllion, the CITY will /W1i'/y PH)( of
all payment activity.
~.o TERM AND RENEWALS '
Except as otherwise stated these terms and conditiQ,qs shall be in effect between both parties,
which shall commence on July I, 1993 through DeCember 31, 1993. Unless otherwise amended
in writing by both parties, this agreement shall automatically renew for subsequent one year
periods. In conjnnctlon with this automatic extension, PBX may give notice of price increases.
All extensions and increaseS shall be approved in writing by the CITY per Seclion '4.
6.1 Cancellatipn; The CITY reserves the right to terminate this Contract with a 30 day notice,
at any time in whole or in part even though PHX is not in default hereunder after the initial term
of the agreement. In the event of termination CITY shaU compensate PHX for all outstanding
cost incurred to the date of termination and subsequent if requested by CITY. In the event the
agreement is in default, the CITY will provide a 7 day period to correct the problem or upon
receipt of any notice of such termination, PHX shall, unless such notice otherwise directs,
immediately discontinue aU work on the Conlract and deliver, if and as directed, to the CITY
all completed and partiaUy completed articles, work in process and materials purchased 01
acquired for performance of lhe Contract.
6.2 Exclusivity: The CITY agrees to utilize only the services of PHX during the lenn of this
agreement for the processing of citations. The CITY also agrees during the term of the
agreement to not directly or indirectly assist a competitor of PHX in the performance of the
services provided by PHX under this agreement, and not to divulge the trade secrets or property
of PHX to any unauthorized person or entity.
6.3 Books and Records: PHX will maintain adequate books and records for parking citations
forwarded to PHX for processing. Upon two week prior notice, such books or records, related
processing data, and the CITY bank records shaU be available for inspection or audit by the
CITY at PHX's location during regular working hours. In the event of lenninatlon of this
agreement PH)( shall re/Um to CITY all ,<uch boOks and records as pertains 10 rhe CITY.
MRRY HOUGHTON
TEL No. 131032092:2lj ,~.,,~_.,.
HfJ'
o,J'J'"
.
.
7,0 LIMIT A TION OF Ll ^BILITY
The CITY agrees to hold harmless and defend any legal action commenced against PHX caused
directly or indirectly by wrongful or negligent acts of the CITY's officers, employees or agents
or others engaged by the CITY and to indemnify PHX against any liability, loss, cost or
damages, including attorney's fees resulting therefrom, due to any such wrongful or negligent
acts.
.,.
..
PHX agrees to hold harmless and defend any legal action commenced against the CITY caused
directly or indirectly by wrongful or negligent acts of PHX's officers, employees or agents or
others engaged by PHX and to indemnify the CITY against any liability, losS, cost or damages,
including attorney's fees resulting therefrom, due to any such wrongful or negligent acts.
8.0 INSURANCE
PHX shall procure and maintain for the duration of the contract the following iosurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the Contract by PHX, his agents, representatives, employees or
subcontractors:
A. Comprehensive General Liability: $1,000,000 combined single limit for each occurrence,
with a maximum deductible of~jl1 add per the insurapce cover?&D. PHX agrees to
provide to the CITY, a Certificate of Insurance evidencing said coverage, and agrees to
name the CITY as an additional insured under the policy and further agrees that such
insurance will be primary insurance with rtspect to CITY. its officers, and employees.
?~...
.
B. Workers' Compensation as required by the Labor Code of the State of California.
C. PHX shall provide CiTY with verification of coverage within 15 days of execution of thIs
contract.
D. PHX shall provide Employee Fidelity Bond (Business Services Bond) coverage at the
written request of the CITY. PHX agrees to obtain and provide an Employee Fidelity
Bond/Blanket Employee Dishonest Bond in such amount deemed mutually acceptable by
the City Manager and phoenix Group. At sole discretion of City Manag~r and upon
written authorization issued to PHX, CITY may accept such a bond which covers multiple
beneficiaries. CITY shall reimburse PHX for a pro-rata share of the cost of coverage
provided under this section, not to exceed $250.00 a year. CITY's pro.rata share shall
be based upon the number of beneficiaries.
2.0 CONFIDENTIALITY/FILE SEClJRITY
Reasonable security provisions will be provided by PHX to insure that access to the CITY
computer records and files will be available only to the CITY. PHX cannot guar~nlce against
loss or alteration of computer records, but will take reasonable precautions to prevent such
occurrences. PHX will hold all the CITY data in strict confidence and shall not provide any .
data to any other party unless directed by the CITY in writing or as ordered by any Lawful
Agency.
,
i
"
10.0 ^FFTRMATIVE ACTION
PHX will not discriminate against any employee or applicant for employment because of sexual
orientation, race, color, national origin, sex ancestry or religion. PHX will take affirmative
l"ln'" I IIUVUI I I "'11
~_.'."'1"'\""""'~..
,:"';\:J:,1:
.
.
action to assure that applicants are employed and employees are treated during employment
without regard to race, color, sex, national origin, ancestry, sexual orientation or religion.
11.0 SECTION HEADlNGS.
Section headings appearing in this Agreement are inserted for convenience of reference only and
.,.,. shall not be construed to be interpretations of text.
12.0 MTSCELLANEOUS
.12.J. This Agreement shall be governed and construed in accordance with the laws of the State
of California.
.1l.1 The waiver of any breach of any provision of this Agreement shall not constitute a waiver
of any subsequent breach of the same or other provisions in this Agreement.
W If any provision of this Agreement shall not be enforceable, the remainder of this
Agreement shall remain in full force.
1M All provision of this Agreement shall be binding upon both parties.
W The Agreement contains the entire understanding between PHX and the CITY with respect
to citation processing, and upon the cmnmencement date. supersedes and replaces and all prior
agreements, negotiations, proposals, or representi~.o.~)s regarding warr~nty or Services.
12.& PHX agrees that it is an independent contractor and that it's officers and employees are not
empluyees of the CITY, nor arc they entitled to any benefits as the CITY e.mployr.es as a result
of the execution of this contract.
Accepted :
Accepted:
PHOENlX GROUP
Information Systems
CITY OF DUBLIN
SIGNATURE
SIGNATURE
~ . I .
TYPED OR PRINTED NAME
.
TYPED OR PRINTED NAMh
....
TITLE
TITLE
DATE
DATE
~\~,~"
.
.
RESOLUTION NO. - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************
RESOLUTION ESTABLISHING PARKING PENALTIES
WHEREAS, state law provides, in Vehicle Code section 40203.5,
that cities establish the amount of parking fines; and
WHEREAS, the state law authorizes the city to recover
administrative fees, process service fees, fees and collection cost
related to civil debt collection, late payment penalties and other
related charges; and
WHEREAS, the state law requires the city to include penalties
imposed by the County of Alameda for jail and courthouse construction,
in accordance with Government Code sections 76000 and 76101.
NOW, THEREFORE, BE IT RESOLVED that the city of
establishes the parking penalties for:parking violations, late
penalties, administrative fees and other charges set forth in
A, attached hereto and incorporated herein.
Dublin
payment
Exhibit
PASSED, APPROVED AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
a:ResoPark.agenda#12k
EXHIBIT ~
~
~"_':r:' ""...~~~' 1"1 ';:r.
.
.
Effective July 1, 1993, the civil penalty for violation of the following
parking regulations, in accordance with Section 40200 et seq of the
California Vehicle Code, shall be:
Violation
1. 6.04.090 DMC.
2. 6.04.290 DMC
3. 6.04.200 B DMC.
4. 6.04.240 DMC.
5. 6.04.360 DMC.
6. 6.04.370 DMC.
7. 6.04.430 DMC.
8. 6.04.440 DMC.
9. 6.32.10 DMC.
10. 6.64.020 DMC.
11. 21113 A CVC
12. 22500 CVC
13. 22502 a CVC
14. 22500.1 CVC
15. 22514 CVC
16. 22507.8 CVC
17. 22522 CVC
18. 22523 CVC
19. 40225 CVC
CITY OF DUBLIN
PARKING PENALTY SCHEDULE
Description
Parked wrong direction on one-way street
(a) No parking, red curb marking
(b) 20 min. loading, yellow curb marking
(c) Passenger loading, white curb
(d) 20 min. parking, green curb
(e) Handicapped parking, blue curb
Parking on posted private property
prohibited
Curb wheels, parking on hill.
Parked/stopped in designated bus stop
Parked blocking bike lane
On-street vehicle storage over 72 hrs.
For sale vehicle on street/park
Commercial vehicle over 5 tons, 2 hr
street limit
Commercial vehicle over.3 tons in
residential
Not parked in designated space
(parks/schools) .::;.~..
(b) Parked in crosswalk
(e) Parked blocking driveway
(f) Parked blocking sidewalks
(h) Double parking
(1) Blocking wheelchair access
Not within 18" of curb
Parked in posted fire lane
Parked within 15' of fire hydrant
(a) Parked in handicapped zone
(b) Blocking handicapped zone
(c) Blocking crosshatch lines or
boundaries of handicapped zone
Blocking sidewalk access ramp
(a) Abandoned vehicle on roadway
(b) Abandoned vehicle on public or
private property
Equipment or registration violation
Code
Amount of
Penalty
$ 30.00
$ 55.00
$ 40.00
$ 30.00
$ 30.00
$ 30.00
$ 55.00
$ 30.00
$ 25.00
$ 25.00
$ 50.00
$ 35.00
$ 25.00
$ 50.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$275.00
$ 25.00
$ 25.00
$ 25.00
$275.00
$275.00
$275.00
$275.00
$100.00
$100.00
Per CVC
20. Late Penalty - Violators who do not make payment within the
time allotted by State law shall be assessed a late penalty of
100% of the original penalty not to exceed a maximum of $100.00.
21. All Applicable Parkinq Violations Not Stated Above - Any
violation subject to Section 40200 et seq of cve or parking
violation identified in DMe which is not expressly identified
above.
Legend: DMC = Dublin Municipal Code
CVC = California Vehicle Code
a:Parkfine.agenda#1Z
EXHIBIT A
$ 25.00