Loading...
HomeMy WebLinkAbout03/15/1988, C-4 - CONSIDERATION OF AGREEMENT FOR PARKING CITATION PROCESSING SERVICES IIIII^I III�IIIIIIIIII I� MEETING DATE: cItY Of san lues osIspo March 15 988 COUNCIL AGENDA REPORT ITEM NUMBE . FROM: David F. Romero $Kayne A. Peterson Prepared by: Candace Havens -' ! Public Works Director City Engineer Parking Program Coordinatorc_, % V SUBJECT: Consideration of Agreement for Parking Citation Processing Services CAO RECOMMENDATION: Adopt resolution approving Agreement with Datacom Systems Corporation for Citation Processing Services. BACKGROUND: In October 1987, the City Council approved a Parking Management Plan which called for the hiring of a citation processing agency to reduce the existing backlog of unpaid citations and establish an efficient system for processing future payments. The processing of citations in a timely fashion will discourage people from abusing time limits downtown, encourage intended usage of parking spaces, and generate income for the parking program. In accordance with the City's purchasing procedures, City staff has received and evaluated proposals from three qualified firms. In January 1988, the City Council authorized staff to negotiate a contract with Datacom, the first-ranked firm. The terms of the agreement are attached. Datacom proposes to receive current citations, deposit money daily, send notices to those with unpaid citations, and make referrals to the DMV and courts for further action as needed. The firm also will provide monthly reports on the status of payments as well as data which will help staff in evaulating parking trends, identify flagrant violators, and generally strengthen enforcement of the parking program. The attached agreement is for 18 months. Thereafter, the status of citation collections and methods will be evaluated and the need for continued or modified services assessed; city staff could assume processing duties or the contract could be renewed on an annual basis, whichever is appropriate. FISCAL IMPACT Last year, the Street Improvement Fund received about $150,000 from citations and the Parking Fund received no citation monies. Recent changes to the Municipal Code divided citation receipts between the funds. Revenues from citations and costs for processing vary, depending on the number and amounts of payments received. Gross income from citations for the next year is estimated to be $350,000. This increase is due in part to increased fine rates and estimated increased collection rates. Half ($175,000) will go to the Street Improvement Fund, and half will go to the Parking Fund. Cost of processing is estimated at $100,000. Net proceeds to Parking Fund are estimated at $75,000. Co ������i�►►►�Ifllllllll�°���►q�UIU MY Of San tins OBISPO iAft7a COUNCIL AGENDA REPORT ALTERNATIVES Option 1 : By motion, approve agreement as proposed or with modifications. Citation processing services will begin within 30 days. (Staff recommended action. ) Option 2: By motion, continue review to a later date to allow staff additional time to negotiate terms of contract. If Council selects this option, staff asks the Council to identify specific concerns which merit further consideration. Option 3: By motion, direct staff to hire additional staff to process citations. At least one full-time staff person will be needed to perform this work. A computer, related software, and special training of staff also will be needed to provide these services in-house. The process of setting up operations is estimated to take approximately six months. The initial cost would be less than the cost of the hiring of a processing firm, but collection rates are expected to be lower because of inefficiencies of an in-house system. CONSEQUENCE OF NOT TAKING ACTION By State law, referrals to the DMV and courts will not be made until notices to violators are first sent. Current City staff is not presently available to perform this task. The backlog of approximately 21 ,000 unpaid citations will remain, potential revenues will be lost, and enforcement of parking laws will suffer if no follow-up action is taken. ACTION RECOMMENDED By motion, approve Agreement with Datacom Systems Corporation for citation processing services. ACTION TAKEN: Approved as recommended as modified Denied Continued Vote: Attachment: Draft Resolution Agreement cc-2-16/b2 �_�• RESOLUTION NO. ( 1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DATACOM SYSTEMS CORPORATION FOR PARKING CITATION PROCESSING SERVICES WHEREAS, the City Council wishes to eliminate the backlog of approximately 21 ,000 parking citations and to proceed with timely processing of current citations; and WHEREAS, the expeditious processing of citations will discourage people from abusing established time limits downtown, encourage intended usage of parking spaces and generate income for the parking program consistent with the Parking Management Plan; and WHEREAS, staff has negotiated an agreement with Datacom Systems Corporation for providing citation processing services which meet the city's goals NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1 . The agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between City and Datacom Systems Corporation is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Funds for citation processing services ($100,000) shall be encumbered in account number 051-0017-073-600 for payment of these services. SECTION 3. The City Clerk shall furnish a copy of this Resolution and a copy of the executed and approved agreement to the Finance Director, Public Works Director, and Datacom Systems Corporation. C -4�-3 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK M M M M N N # N APPROVED: ITY AD NISTRATIVE OFFICER FINANCE DIRECTOR CITY ATT NEY PUBLIC WORKS DIRECTOR CC-2-16/b2 bw CONSULTANT SERVICE AGREEMENT FOR PROCESSING AND COLLECTING PARKING CITATIONS This AGREEMENT is made by and between DATACOM SYSTEMS CORPORATION, hereinafter referred to as "CONTRACTOR" , and the City of San Luis Obispo, hereinafter referred to as "City", and entered into this 15 day of March, 1988. WITNESSETH WHEREAS, CITY desires to retain certain services to provide for timely processing of citations to discourage abuse of established parking time limit, encourage intended usage of parking spaces and generate income for the parking program, the services provided by CONTRACTOR are for processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California and ordinances of the City and County of San Luis Obispo. WHEREAS, CITY desires to engage CONTRACTOR to provide services described hereinafter by reason of its qualifications and experience for performing such services on the terms and in manner set forth in agreement and Exhibit 'A' attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: ARTICLE I -- PROJECT COORDINATION 1 .1 CITY. The Director of Public Works shall be the representative of the CITY for all purposes under this agreement. The Director or his designated representative shall supervise the progress and performances of services under this agreement. 1 .2 CONTRACTOR.. CONTRACTOR shall assign an individual as liason with the CITY'S representative. Ronald W. Henry is hereby designated CONTRACTOR'S liason. Should circumstances or conditions subsequent to execution of this agreement require a substitute liason for any reason, the replacement designee shall be subject to prior written acceptance and approval of the Director. Such approval shall not be unreasonably withheld by the CITY. _ _ EXHIBIT "A" ��_� ARTICLE II -- PROCESSING 2. 1 REFERRAL AND RECONCILIATION. CONTRACTOR shall receive and process parking citations which are forwarded through a local P. 0. Box to CONTRACTOR. CONTRACTOR will provide a daily reconciliation of the number of citations delivered by CITY. 2.2 DETERMINATION OF PROCESSABLE CITATIONS. CONTRACTOR shall screen the parking citations referred to it by CITY to determine if the citation is processable. If the citation is determined by CONTRACTOR to be unprocessable (e.g. , blank license number), CONTRACTOR shall return the citation to CITY within seven (7) days for clarification. CONTRACTOR will be paid the contractual rate of $1 .30 for citations returned to the CITY as unprocessable. 2.3 COLLECTION AND DEPOSIT OF FUNDS. CONTRACTOR shall collect and deposit all monies received for the payment of parking citation fines and fees in an account with a mutually agreeable financial institution within 24 hours of receipt in Los Angeles office. CONTRACTOR will receive payments from vehicle owners through the mail. 2.4 CONTRACTOR will provide use of all .the necessary hardware and software including full maintenance and all support services required to provide total citation processing and reporting within 30 days of approval of this Agreement. 2.5 IDENTIFICATION OF REGISTERED VEHICLE OWNERS. CONTRACTOR shall make at least three (3) attempts to obtain the name and address of the registered vehicle owner from the California Department of Motor Vehicles for each vehicle for which a parking citation has been issued and for which payment has not been received within the required time period. CONTRACTOR shall follow all procedures specified by the Department of Motor Vehicles, and be consistent with the California Vehicle Code when identifying registered vehicle owners. 2.6 VERIFICATION OF OWNERSHIP. CONTRACTOR shall ensure that adequate identification of registered vehicle owners and verification procedures are utilized which take into consideration, at the very least, the following factors: issuance of new license plates, address changes. license plate transfers to other vehicles, name changes, and the validity of plates and registration during specific time periods applicable to individual cases. 2.7 DELINQUENCY NOTICES. CONTRACTOR shall generate and mail (first-class postage and within a reasonable period of time) delinquency notices to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The period of time will not exceed the time limits provided by State and local laws. The mailed notice will include all information required by the California Vehicle Code, including but not limited to the following: 1 . The parking citation issuance date and number; 2. The consequences of nonpayment (a hold on the vehicle registration and the imposition of penalties); 3. The amount of fines and fees due and payable; and 4. An affidavit of non-ownership. NOTE: The delinquency notice form must comply with the requirements of State law. 2.8 DMV REGISTRATION HOLDS. The CONTRACTOR will be responsible for placing a DMV hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and other applicable State and local laws. The holds will be placed within a reasonable period of time after the issuance of a delinquency notice. The period of time will not exceed the time limits provided by State law. 2.9 REMOVAL OF DMV REGISTRATION HOLDS. CONTRACTOR shall be responsible for removing DMV registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalities, and fees due against the vehicle, and establishes such payment to the satisfaction of the CONTRACTOR. 2. 10 CONTESTED CITATIONS. In the event a registered vehicle owner disputes the liability for the outstanding parking citation, CONTRACTOR shall advise the registered vehicle owner of his/her right to request a court appearance. CONTRACTOR shall coordinate a court appearance for the registered vehicle owner with the appropriate court facility or refer the registered vehicle owner to the court. 2.11 CITATIONS DISPOSED OF BY COURT. CONTRACTOR may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. CONTRACTOR shall maintain records indicating any reduction or cancellations of parking citations as a result of court action. 2.12 SCOFFLAW. CONTRACTOR shall provide monthly reports of registered vehicle owners whose records indicate multiple violations to facilitate the CITY'S enforcement against scofflaws. 2.13 SUSPENSION OF PROCESSING. CONTRACTOR shall suspend processing any citation referred to it for processing upon written notice to do so by the CITY. CONTRACTOR shall maintain records indicating any suspension of a citation as a result of CITY'S request. CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citations suspended by the CITY. C -�7 2. 14 OUT-OF-STATE CITATIONS. Out-of-state citations may be entered the same as in-state citations. These citations will be processed separately from the in-state citations. If they become delinquent a request for registered owner's information will be sent to the appropriate state agency within a reasonable period of time. Notices of intent will be mailed. The bail amount will be requested from the registered owner and received by CONTRACTOR which shall deposit such moneys in a mutually agreed upon financial institution within 24 hours of receipt. ARTICLE III -- GENERAL 3. 1 PUBLIC INQUIRIES. For telephone calls and correspondence, the CONTRACTOR will process matters of a non-judicial nature in a manner which will promote positive public relations; matters of a judicial nature will be referred to the appropriate agency for determination. For scheduled court hearings, CONTRACTOR will coordinate the necessary information with the court. Toll-free telephone service via a local phone number shall be provided by CONTRACTOR at no charge to CITY. 3.2 CONTRACTOR LIMITATIONS. CONTRACTOR may not do any of the following without CITY'S prior approval, in writing: 1 . Take any legal action; 2. Threaten any legal action; or 3. Make any communication, oral or written, regarding potential legal action. 3.3 USE OF APPROVED FORMS. All forms, delinquency notices, and correspondence sent by the CONTRACTOR must conform to State and local law. 3.4 CONTRACTOR FILES. CONTRACTOR shall maintain files on each parking citation referred to it for processing under this agreement. Such files will contain records of payments, collection efforts, disposition, and any other pertinent information required to provide an audit trail. CONTRACTOR files shall be available for on-site audit upon 24 hours notice. ARTICLE IV -- COMPENSATION The CITY shall compensate CONTRACTOR for its services according to the Fee Schedules attached in Exhibit 'A' and the terms of Article IV. 4.1 PROCESSING SERVICES. For performance of the processing services described in ARTICLE II, the CITY will pay CONTRACTOR the rate set forth on the Schedule of Fees (Exhibit 'A' ) for each parking ticket processed by CONTRACTOR, regardless of the ultimate disposition or processability of such ticket. No extra processing charge shall be made for a ticket determined to be unprocessable pursuant to paragraph 2.2 and subsequently corrected and reentered into the data base. - 4.2 BILLING AND PAYMENT PROCEDURE. CONTRACTOR shall provide the CITY on a monthly basis with a bill and fee analysis which accurately reflects the fees earned during the preceding period. Not later than five (5) business days after the bill and fee analysis have been received, the CITY shall either approve or reject the bill and fee analysis. If approved, the bill will then be processed for payment within 30 days of receipt. If these documents are rejected by the CITY, CONTRACTOR will be notified, and both parties shall use their best efforts to resolve the disputed items. 4.3 CONTRACT ADJUSTMENTS. If postal rates increase during the term of this agreement, the compensation the CITY has agreed to pay CONTRACTOR shall be raised immediately by a corresponding amount to offset the effect of the postal rate increase. ARTICLE V -- REPORTS 5.1 TWICE-MONTHLY REPORTS. A Revenue Distribution Report detailing a complete reconciliation of monies received and deposits made, together with supporting detail, shall be delivered to the City of San Luis Obispo by the third working day following the end of the twice-a-month remittance period. 5.2 MONTHLY REPORTS. Beginning the month following the date of this agreement, and on or before the tenth(10th) of each month thereafter, CONTRACTOR shall submit to CITY monthly management reports of its activities relating to performance under this agreement, including but not limited to a summary of parking citations processed (including statistics by issuing City and type of violation), delinquent citation notices sent, and vehicle registration holds placed with the Department of Motor Vehicles. 5.3 Failure of CITY to agree with CONTRACTOR'S independent findings, conclusions, or recommendations, if some are called for under this agreement on the basis of differences in matters of judgement shall not be construed as a failure on the part of CONTRACTOR to meet requirements of this agreement. ARTICLE VI -- TERM OF CONTRACT 6.1 TERM OF CONTRACT. The term of this agreement shall be 18 months from the date signed by CONTRACTOR and CITY and may be extended for additional one-year periods up to three years upon agreement by both parties. The Public Works Director shall be authorized to extend the contract on behalf of the CITY. 6.2 CONTRACTOR'S RATES. After 18 months and in subsequent years of the agreement, the CONTRACTOR'S rates shall increase according to the increase in the Consumer Price Index (CPI) for All Urban Consumers, Los Angeles - Long Beach - Anaheim Metropolitan Area, All Items. This index shall be the index published by the United States Department of Labor, Bureau of Labor Statistics. Said increase shall be determined and effective as of the month preceding the anniversary date of this agreement. �Q� 6.3 TEMPORARY SUSPENSION. The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure of the CONTRACTOR to perform any provisions of this contract. CONTRACTOR will be paid the compensation due and payable to the date of temporary suspension. 6.4 TERMINATION. The CITY retains the right to terminate this agreement for any cause by notifying CONTRACTOR in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of services which are of benefit to the CITY and which should take into account the work completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the CITY and CONTRACTOR. Should they fail to agree, an independent arbitrator is to be selected by the parties whose decision shall be binding upon the parties. Upon such termination, CONTRACTOR shall turn over to the CITY immediately all unprocessed citations, monthly reports, and twice-monthly reports to date, files of unprocessed citations, undeposited monies received for payment of parking citation fines and fees, and any other records or documents for which CONTRACTOR has received reasonable compensation. CONTRACTOR shall not be liable for CITY'S use of incomplete materials. ARTICLE VII -- CONFIDENTIALITY 7.1 MATERIALS CONFIDENTIALITY. All reports, information, data, files, and tapes furnished or prepared by the CONTRACTOR, its subcontractors, successors, or assigns (to the extent hereinafter allowed) for the purpose of transmittal to CITY pursuant to this agreement are confidential. 7.2 CONSENT FOR DISCLOSURE. No report, information, data, files, or tapes furnished or prepared by CONTRACTOR or its eub-contractors, successors, or agents, shall be made available to any individual or oranization without the prior written approval of CITY other than individuals or organizations who are reasonably necessary to properly effectuate the terms and conditions of this agreement. 7.3 RIGHTS IN DATA-CONFIDENTIALITY. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures related thereto as they relate to the service to be performed hereunder are and shall remain exclusively the sole property of CONTRACTOR and the CITY shall acquire no right or title to such items. The CITY shall not provide or otherwise make available said systems, procedures, instructions, programs, or media, in any form, to any person except as otherwise provided in this Article. In order to enable Datacom to carry out its work hereunder, to some extent they will have to impart information which is the subject of this paragraph. To the extent that e- ILAO such confidential material is imparted to the CITY'S employees, the CITY agrees that it will retain all information submitted by CONTRACTOR to the CITY in the strictest confidence and will neither use or disclose it without the explicit permission of CONTRACTOR. The CITY recognizes that irreparable harm can be occasioned to Datacom by disclosure of information related to its business and that Datacom may accordingly enjoin such disclosure. ARTICLE VIII -- CLAIMS AND ACTIONS 8. 1 REASONABLE ASSISTANCE OF CONTRACTOR. In the event any claim or action is brought against CITY relating to CONTRACTOR'S performance of services rendered under this agreement, CONTRACTOR shall render any reasonable assistance and cooperation which CITY might require. 8.2 CITY COOPERATION. In the event any claim or action is brought against CONTRACTOR relating to CONTRACTOR'S performance of service rendered under this Agreement, CONTRACTOR shall notify the CITY, in writing, within (5) days, of said claim or action. 8.3 INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of CONTRACTOR during the term of this AGREEMENT. Conversely, CITY agrees to indemnify and hold CONTRACTOR harmless against any and all liabilities, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of the acts of the agents, servants, or employees of CITY. 8.4 INSURANCE. CONTRACTOR shall provide and maintain at its own expense, during the term of this agreement, the following policy or policies of insurance covering its operations herunder. Such insurance shall be provided by insurer(s) satisfactory to the CITY and certificates of such insurance shall be delivered to the CITY on or before the effective date of this agreement. Such certificates shall specifically identify this agreement and shall not be cancelled, reduced in coverage or limits, or non-renewed except after thirty (30) days' written notice has been given to the CITY. (a) Comprehensive general liability with a combined single limit of not less than $1 ,000,000 per occurrence for property damage and for bodily injury or death of persons. Such insurance shall be primary with respect to any insurance maintained by the CITY and shall not call on the CITY'S insurance for contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the CITY, its officers, agents, and employees as additional insureds. With respect to the interest of the CITY, such insurance shall not be cancelled, reduced in coverage or limits, or non-renewed except after thirty (30) days' written notice by Certified Mail, Return Receipt Requested has been given to the CITY. (b) Comprehensive automobile liability owned, non-owned, and hired vehicles with not less than $1 ,000,000 Combined Single Limit per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional-insured and cancellation-notice provisions as specified in sub-paragraph (a) above and may be combined with the comprehensive general liability coverage required above. (c) Comprehensive blanket crime policy, in an amount of $1 ,000,000 per occurrence insuring against loss of money, securities, or other property referred to hereunder which may result from ( 1 ) dishonesty or fraudulent acts of officers, directors, employees of CONTRACTOR, (2) disappearance, destruction, or wrongful abstraction inside or outside the premises of CONTRACTOR while in the care, custody, or control of CONTRACTOR, or (3) sustained through forgery or alterations of checks. drafts, or any order or direction to pay a sum certain in money. Such insurance shall be primary to any other similar insurance maintained by the CITY and shall include a Loss Payee endorsement naming the CITY as its interest may appear. (d) A program of Worker's Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California and which specifically covers all persons providing services on behalf of CONTRACTOR and all risks to such persons under this agreement. ARTICLE IX -- SUB-CONTRACTORS AND ASSIGNMENTS - 9. 1 SUB-CONTRACTING. CONTRACTOR is authorized to engage sub-contractors within the State of California at CONTRACTOR'S own expense. Any sub-contractor would not operate to relieve CONTRACTOR of duties, liabilities, and obligations. 9.2 ASSIGNMENTS. This agreement may not be assigned without the prior written consent of the CITY. ARTICLE X -- INDEPENDENT CONTRACTOR 10.1 CONTRACTOR'S RELATIONSHIP. CONTRACTOR'S relationship to CITY in the performance of this Agreement is that of an independent contractor. Personnel performing services under this agreement shall at all times be under CONTRACTOR'S exclusive direction and control and shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither CONTRACTOR nor any agent or employee of CONTRACTOR shall obtain any right to retirement benefits or other benefits which accrue to employees of CITY, and CONTRACTOR hereby expressly waives any claim it might have to such rights. ARTICLE XI -- ENTIRE AGREEMENT 11 . 1 INTEGRATED AGREEMENT. This agreement is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, a prior oral or written agreement regarding the same subject matter notwithstanding. The terms, covenants, and conditions of this agreement shall apply to and shall bind the heirs, successors, executors, administrators, assigns, and sub-contractors of both parties and may not be modified or terminated orally and no modification or any claim of waiver of any of the provisions shall be effective unless in writing and signed by both parties. 11 .2 LAW APPLICABLE. CONTRACTOR agrees to comply with all laws within the State of California governing the conduct of business, including but not limited to laws pertaining to licenses, taxes, corporate regulation, and collection practices. 11 .3 WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, conditions, ordinance, or law. The subsequent acceptance by either part of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other part of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 11 .4 COSTS AND ATTORNEY'S FEES. The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of the terms of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 11 .5 DISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If CONTRACTOR is found in violation of the non-discrimination provisions of the State of California Fair Employment Act or similar provisions of Federal Law or executive order in the performance of this agreement, it shall hereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract or both. Only a finding of the State of California Fair , Employment Practices Commission or the equivalent Federal agency or officer shall constitute evidence of a violation of contract under this paragraph. C - �-/3 11 .6 NOTICES TO PARTIES. Any notice required under this agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, a notice addressed to the following: CONTRACTOR: Datacom Systems Corporation 818 West Seventh Street, Suite 801 Los Angeles, CA 90017 CITY: City Clerk's Office City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 Attn: Pamela Voges WHEREFORE, the parties herto have entered into this agreement as of the day and year first hereinafter written. CITY OF San Luis Obispo By MAYOR ATTEST: By CITY CLERK DATACOM SYSTEMS CORPORATION By Robert Sargenti Executive Vice-President b3/agreedata bw EXHIBIT 'A' FEE SCHEDULE Fee schedule is based on all citations issued by the CITY and allows for quantity discounts based on the total amount of citations entered per year. Volume Flat Rate Citations Issued Annually Per Citation Issued -------------------------------------------------------------------------- For the first 0 - 20,000 citations issued $1 .49 For the next 20,001 - 100,000 citations issued $1 .30 For the next 100,001 - 200,000 citations issued $1 . 19 For the next 200,001 - 360,000 citations issued $1 . 10 Out-of State Processing FEE: 35% of revenue collected from noticed Out-of-State citations. Optional Servies (if requested by CITY) SPECIAL COLLECTIONS PROCESSING including: • DMV hold rejects • Inactive scofflaw status • Vehicle make-mismatch information • Out-of-State open and unpaid for one year • No name or address for one year FEE: 35% of revenue collected. BACKLOG CITATIONS For open citations currently on the City's database which have remained open up to two years. FEE: 40% of revenue collected. NON-SUFFICIENT FUNDS (NSF) CHECK PROCESSING Sending a follow-up letter to citizens notifying of NSF check status. application of NSF penalty of $15.00, and requesting remittance of funds. Includes system adjustments and reactivation of records, penalty, and hold procedures. FEE: $15.00 per NSF processed. HABITUAL OFFENDER LETTERS Includes researching database to obtain current registered owner (R/0) status, updating habitual offender hotsheet, and sending a special letter to R/0's who have accumulated a specified number of unpaid citations. FEE: $1 .15 per letter. , FIRST VIDEO DISPLAY TERMINAL - No Charge ADDITIONAL VIDEO DISPLAY TERMINALS - $125.00 per month per terminal. b3/agreedata bw