HomeMy WebLinkAboutC33842 - CA2 - Processing of Parking CitationsCITY OF PALM DESERT CONTRACT NO. C33842
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE CONTRACT SERVICES AMENDMENT NO. 2 TO
CONTRACT NUMBER C33840 WITH JUDICIAL DATA SERVICES,
RENEWING SERVICES FOR THE PERIOD FROM JULY 1, 2016 TO
JUNE 30, 2017 FOR THE PROCESSING OF PARKING CITATIONS
SUBMITTED BY: Pedro Rodriguez, Code Compliance Supervisor
DATE: June 30, 2016
CONTENTS: Contract Services Amendment No. 2
Contract C33840
Email from Judicial Data Services accepting renewal of extension
Recommendation
By Minute Motion:
1. Approve the Contract Services Amendment No. 2 renewing Contract No.
C33842 with Judicial Data Services from July 1, 2016 to June 30, 2017 for
processing of parking citations.
2. Authorize the Mayor to execute Contract Services Amendment No.2.
Backqround
At its meeting of July 10, 2014, the City Council approved Contract Number C33840 with
Judicial Data Services for a period of one (1) year for the processing of parking citations.
The contract can be renewed year to year for up to three (3) years as long as both
parties agree, funding is available, and the City Council approves each renewal. The
contract has remained in effect and in good standing by both parties since execution of
the contract.
Staff is pleased with the services provided by Judicial Data Services. The adjudication
of citations is performed in a timely and efficient manner, which is essential in providing
good customer service to Palm Desert residents.
Acceptance of staff's recommendation will allow the City of Palm Desert's Code
Compliance Division to continue using Judicial Data Services for the processing of
parking citations issued by the City.
Staff Report
Contract Service Amendment, Judicial Data Services
June 30, 2016
Page 2 of 2
Fiscal Impact
The fiscal impact will vary depending on the number of citations issued. During fiscal
year 2015/2016 the total cost for processing citations was $1,333.48. The monthly
average for processing citations was $111.12. Funds will be made available in account
number 110-4470-412-3090 with the approval of the proposed 2016/17 budget.
Submitted By:
Pedro Rodriguez %�
Code Compliance S pe r
4netOloore
Director of Finance
Approval:
r
J st McCarthy
nteri City Manager
Department Head:
Ryan Stendell
Director of Community Development
Contract No. C33842
CONTRACT SERVICES AMENDMENT NO. 2 FOR
PROCESSING OF PARKING CITATIONS ISSUED BY THE CITY OF PALM DESERT
THIS CONTRACT SERVICES AMENDMENT NO.2 (herein "Amendment') is made and
entered into this 30th day of June, 2016 by and between the CITY OF PALM DESERT,
a municipal corporation (herein "City") and Judicial Data Services ("Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
A. Section 10. TERM OF CONTRACT is hereby amended by replacing the first
five sentences of the paragraph with the following:
This AMENDED CONTRACT shall be for a period of one (1) year from the date of
execution of Amendment No. 2 The parties hereto further agree that they may renew
this Agreement for one (1) year as long as (1) both parties hereto agree; (2) funding is
available; and (3) the City Council approves each extension. Execution is completed
when all parties have signed Contract Amendment No. 2. Contract Amendment No. 2 is
subject to annual budget approval by the City Council. This amended Contract may be
renewed from year-to-year for up to one year by all parties agreeing upon and signing a
Contract Services Amendment unless either party gives to the other party ninety (90)
days written notice of intent to terminate. The remainder of Section 10. TERM OF
CONTRACT remains unchanged by this Amendment No. 2.
B. All other terms and conditions of the Agreement shall remain unchanged and
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment
as of the date first written above.
CITY OF PALM DESERT
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CONTRACT NO. C33842
APPROVED AS TO FORM:
ROBERT HARGREAVES, CITY ATTORNEY
CONTRACTOR:
ATTEST:
JUDICIAL DATA SERVICES
Judicial Data Services
3303 Harbor Boulevard, Suite F-4
Costa Mesa, California 92626
W Contract No. C 33840
CONTRACT
THIS CONTRACT made and entered into this loth day of July ,
2014, by and between the CITY OF PALM DESERT, a municipal corporation (hereinafter
"CITY") and JUDICIAL DATA SYSTEMS CORPORATION, (a corporation under the laws of
the State of California) (hereinafter "COMPANY")
RECITALS
1. WHEREAS, the City desires to comply with the laws of the State of California
and Palm Desert Municipal Code, by designating a licensed company who will
authorized to process all parking citations issued by the City and provide an administrative
adjudication program for the hearing and disposition of all written and contested parking
citations involving violations of the California Vehicle Code (CVC) and violations of the Palm Y
xa•
Desert Municipal Code (P.D.M.C.) and,
2. WHEREAS, it is in the best interest of CITY that such a contract be entered into
for the orderly and uniform administrative adjudication process to provide all individuals
charged with parking violations a forum in which the facts of their case may be processed
and reviewed fairly and a disposition rendered in a timely manner, while at the same time
administering justice efficiently and uniformly,
NOW, THEREFORE, the parties agree as follows:
1. Companv's Riqhts and Authority. CITY grants to COMPANY the right and
authority, within the jurisdictional limits of CITY, to process all parking citations issued by
CITY as provided in the following statement of work:
2. Collection. COMPANY will provide for collection of parking citation penalty
amounts via mail to COMPANY's "Parking Administration" Post Office Box in accordance
with COMPANY's established procedures. COMPANY will provide for telephone and written
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Contract No. C 33840
interactions with defendants. Daily collections will go directly into CITY account or as
directed by CITY. Determination of type of account and control of disbursements from
account is strictly a matter between the CITY and the bank. Outputs from this task we be:
• Monthly reporting on clearances by parking penalty amount detailed by
citation number. (Note: this detail will not include clearances not handled by
COMPANY).
• Transmittal forms and instruction regarding any required disbursements of
surcharges or fees (such as DMV fees, court fee, court house building
surcharges, ect.).
3. Management. COMPANY will receive, store, and provide retrieval of all
citations.
4. Data Entry and Reqistered Owner Inqurv. COMPANY will code and
enter into a computerized notification system the following data on each
citation:
• Citation number
• Date and time issued
• Vehicle license number and state
• Make of vehicle
• Violation code(s)
• Parking penalty
• DMV license file code
• Pricing is subject to change upon 60 days written notification.
6:
Contract No. C 33840
Output from this task will be:
a) Secure online computer link containing registered owner inquiries 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.
5. Registered Owner Notification. COMPANY will process DMV's reply via
online computer link. 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 CVC Section 41103 will be printed and mailed to
registered owners.
6. Notifv 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.
7. Lessee/Renter Notification. COMPANY will, at CITY's option, forward to
lessees or renters valid notices of intent which are returned to collection agency claiming
lessee/renter as a defense against the charge(s).
8. Compensation. CITY shall pay COMPANY as follows:
California: $1.20 per citation filed.
• $3.00 per citation for first level review
• $5.00 per citation for second level review
• No monthly minimum.
• COMPANY shall invoice the CITY each month for citations processed under
this agreement during the previous month.
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Contract No. C 33840
• CITY shall pay COMPANY within thirty (30) working days after receipt of each
invoice.
• Invoices become delinquent 30 days after invoice date and are subject to a
1.5% per -month late fee.
9. 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 price to
CITY in order to maintain fee protection provision.
10. Term of Contract. This CONTRACT shall be for a period of one (1) year from
the date of execution. The parties hereto further agree that they may renew this Agreement
for three (3) years as long as (1) both parties hereto agree; (2) funding is available; (3) the
City Council approves each extension. Execution is completed when all parties have signed
the agreement. Agreement is subject to annual budget approval by the City Council. This
CONTRACT shall be renewed from year-to-year for up to three (3) years by all parties
agreeing and upon signing a "Contract Services Amendment' unless either party gives to
the other party ninety (90) days written notice of intent to terminate. Notwithstanding the
foregoing, CITY may terminate this CONTRACT, with or without cause, upon ninety (90)
days written notice delivered to COMPANY. This agreement expresses the full
understanding between both parties. Any changes or revisions to the terms and conditions
hereof shall be made by written amendment and shall be executed by persons authorized to
do so by the respective parties.
11. Termination of Agreement. Upon termination of this agreement for any reason,
COMPANY shall not be responsible for the retention and processing of CITY's data files for
a period in excess of ninety (90) days following notification of such termination. During that
C!
Contract No. C 33840
period of time COMPANY agrees to cooperate and assist CITY with the orderly
transmission of CITY data to whatever point of delivery designated by CITY.
12. Performance. COMPANY shall perform services under this agreement as an
independent contractor. COMPANY nor its officers, agents or employees shall be
considered employees of the CITY. Rights and obligations of COMPANY with CITY shall
arise only from this authority over its officers, agents, and employees related to fulfilling
obligations under this agreement. COMPANY agrees to perform the services required under
this agreement with good workmanship in the art, skill and trades agreed to hereunder
consistent with generally accepted data processing procedures. COMPANY agrees that all
citations, reports analyses, audits, computer tapes or cards or other material documents or
data and working papers, whether or not in final form, which have been obtained or
prepared under this agreement, shall be deemed the property of the CITY and same shall
be returned to CITY upon termination of this agreement.
13. Hold Harmless. COMPANY shall indemnify, defend, and hold harmless the
City, and its officers, employees, and agents ("City indemnitees"), from and against any and
all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
COMPANY's performance of its obligations under this agreement or out of the operations
conducted by COMPANY, including the CITY's active or passive negligence, except for
such loss or damage arising from the sole negligence or willful misconduct of the CITY. In
the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from COMPANY's performance of this agreement the COMPANY shall
provide a defense to the CITY indemnitees or at the CITY's option reimburse the CITY
k,
Contract No. C 33840
indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in
defense of such claims.
14. Insurance. COMPANY without limiting COMPANY's indemnification of CITY,
and prior to commencement of Work, COMPANY shall obtain, provide and maintain at its
own expense during the term of this agreement, policies of insurance of the type and
amounts described below and in a form that is satisfactory to City. COMPANY shall not
commence work under this Agreement until it has provided evidence satisfactory to the City
of Palm Desert that it has secured all insurance required under this section. In addition,
COMPANY shall not allow any subcontractor(s) to commence work on any subcontract until
it has provided evidence satisfactory to the City that the subcontractor(s) has secured all
insurance required under this section. Without limiting COMPANY'S indemnification of City,
and prior to commencement of Work, COMPANY shall obtain, provide and maintain at its
own expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form that is satisfactory to the City.
General Liabilitv Insurance. COMPANY shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00
01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, including without limitation, blanket
contractual liability. Defense costs shall be paid in addition to the limits. The policy shall
contain no endorsements or provisions limiting coverage for (1) contractual liability; (2)
cross liability exclusion for claims or suits by one insured against another; or (3) contain any
other exclusion contrary to the Agreement.
Workers' Compensation Insurance. COMPANY shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of
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Contract No. C 33840
at least $1,000,000). COMPANY shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents,
employees and volunteers.
Umbrella or Excess Liabilitv Insurance. COMPANY may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such circumstances,
COMPANY shall obtain and maintain an umbrella or excess liability insurance policy with
limits of not less than 4,000,000 that will provide bodily injury, personal injury and property
damage liability coverage at least as broad as the primary coverages set forth above,
including commercial general liability and employer's liability. Such policy or policies shall
include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies
OTHER PROVISIONS OR REQUIREMENTS
Insurance for Subcontractors. All subcontractors shall be included as
additional insureds under the COMPANY'S policies, or the COMPANY shall be responsible
for causing subcontractors to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional Insured
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Contract No. C 33840
to the subcontractors' policies. COMPANY shall provide to City satisfactory evidence as
required under Insurance Section of this Agreement.
Proof of Insurance. COMPANY shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file
with City at all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coveraqe. COMPANY shall procure and maintain for the duration of
the contract, insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
COMPANY, his/her agents, representatives, employees or subcontractors.
Citv's Riqhts of Enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by COMPANY, or City will
withhold amounts sufficient to pay premium from COMPANY payments. In the alternative,
City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or higher)
Contract No. C 33840
and Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subroqation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City of Palm Desert,
its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow COMPANY or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. COMPANY hereby
waives its own right of recovery against City of Palm Desert and shall require similar written
express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract Provisions (non estoppel). COMPANY
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
COMPANY of noncompliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
Primary and Non-Contributinq Insurance. All insurance coverages shall be
primary and any other insurance, deductible, or self-insurance maintained by the
indemnified parties shall not contribute with this primary insurance. Policies shall contain or
be endorsed to contain such provisions.
Specifications Not Limitinq. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any parry or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
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Contract No. C 33840
Notice of Cancellation. COMPANY agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each
required coverage.
Additional Insured Status. General liability, Automobile Liability, and if
applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the City
of Palm Desert and its officers, officials, employees, and agents shall be additional insureds
with regard to liability and defense of suits or claims arising out of the performance of the
Agreement, under such policies. This provision shall also apply to any excess liability
policies.
Citv's Riqht to Revise Specifications. The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by
giving the COMPANY ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the COMPANY, the City and COMPANY
may renegotiate COMPANY'S compensation.
Self -insured Retentions. Any self -insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
Timelv Notice of Claims. COMPANY shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from COMPANY'S performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
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Contract No. C 33840
Safety. COMPANY shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the COMPANY shall at all
times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions, where applicable, shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
Additional Insurance. COMPANY shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
15. Attornev's Fees and Costs. In the event litigation is filed by either party to
enforce the terms of this CONTRACT, the prevailing party shall be entitled to reasonable
attorney's fees and costs.
16. Eauipment Required COMPANY shall own or have available and shall use all
and any equipment necessary in carrying out the terms of this CONTRACT.
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Contract No. C 33840
EXECUTED this c-� day of , 2014.
CITY OF PALM DESERT
A Municipal Corporation
VAN G.TANNER, MAYOR
ATTEST:
oS�
R E LE D. KLASSEN,tlTY CLERK
CITY OF PALM DESERT, CALIFORNIA
COMPANY: JUDICIAL DATA SYSTEMS
CORPORATION
12
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Ritchey, Lorena
From: Robin Lassen <robin@judicialdata.com>
Sent: Tuesday, May 03, 2016 11:17 AM
To: Ritchey, Lorena
Subject: RE: JDS Contract Extension for July 1, 2016 to June 30, 2017
Good Morning, Lorena,
I hope your week is going well and that you all survived the weekends of "Coachella" and "Stagecoach"!!! At least the
weather has been perfect for you!
This email serves as agreement by Judicial Data Systems, Corp. (JDS), that the contract between the City of Palm Desert
and JDS is extended from July 1, 2016 to June 30, 2017.
We look forward to further serving the City of Palm Desert and please let us know if you need anything further.
Have a wonderful week!
Sincerely,
Robin Lassen
JDS
From: Iritchev(&citvofoalmdesert.ora rmailto:Iritchev(&citvofl)almdesert.or41
Sent: Friday, April 29, 2016 2:03 PM
To: robin(diudiciaidata.com
Cc: orodriauez(abcitvofoalmdesert.orq
Subject: JDS Contract Extension for July 1, 2016 to June 30, 2017
Importance: High
Hi Robin,
As part of our three year contract, every year staff has to go before city council for an extension (this would be second
extension). All we need is an email stating acceptance by JDS that we agree with the extension of the contract between
the City of Palm Desert and JDS from July 1, 2016 to June 30, 2017.
We appreciate your support and please us know if you need anything further from us. Thank you in advance.
Lorena Ritchey
Code Compliance Technician
City of Palm Desert
Ph: 760.346.0611 Fax: 760.776-6356
Iritchev@citvofpalmdesert.ora
The new Palm Desert In Touch app is available for your smartphone or tablet. The app will allow you to identify issues and easily
report them to the City.
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