HomeMy WebLinkAbout25D - AUTOMATED PARKINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 4, 2008
TITLE:
AGREEMENT WITH PHOENIX GROUP
INFORMATION SYSTEMS TO PROVIDE
AUTOMATED PARKING CITATION
PROCESSING SYSTEM
hrT ;~~ LC.e
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached
agreement with Phoenix Group Information Systems to provide an automated
parking citation processing system in the amount of $275,000 for a one-year
term, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Since 2005, Phoenix Group Information Systems has provided an automated
parking citation processing system for the Police Department. The Police
Department exclusively utilizes a "hard copy" system for issuing and
processing parking citations and Phoenix Group Information Systems
streamlines and expedites the issuance and processing of parking citations.
They also handle all refunds related to parking penalties.
Staff's evaluation has determined that Phoenix Group Information Systems
has performed satisfactorily and recommends renewing the agreement for
another one-year term in an amount not to exceed $275,000. The new
agreement extending their services through the end of 2008 will guarantee
stability within the processing, hearing, and collection procedures for the
City's parking citations. During the course of this agreement, the Police
Department will work with the Purchasing Division and issue a Request for
Proposal to provide for a parking citation processing system at the
conclusion of this agreement.
25D-1
Automated Parking Citation
Processing System
February 4, 2008
Page 2
FISCAL IMPACT
Funds are available in the Police Department's Traffic Division fund
(account no. 011-333-6291), Public Works - Roadway Cleaning fund (account
no. 068-633-6291), and CDA - Parking Meter fund (account no. 027-013-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters
Chief of Police
Police Department
f ~~
James G. Rod's
Executive erector
Publ i c' W~s Agency
I ~~~ ~ ~G~(if/CJ~~C GtiC/
~tephen G Harding
Deputy City Manager for
Development Services
Community Development Agency
Francisco Gutierrez ,~~'
Executive Director
Finance & Mgmt. Services Agency
25D-2
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 4`1' day of February, 2008 by and
between Phoenix Group Information Systems, a California corporation (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
processing parking citations and collection of parking penalties.
B. Consultant has provided said services to City since 2005 and has agreed to provide the
services for an additional one-year term.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed incompliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform parking citation and refund services as set forth in City's
Request For Proposal for Automated Parking Citation Processing System, Consultant's Proposal
dated September 9, 2003, both of which are incorporated to this Agreement by this reference, and
the Scope of Service attached hereto as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement
shall not exceed $275,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first stated above and terminate on
December 31, 2008, unless terminated earlier in accordance with Section 12, below. In an effort
to provide continuous service, the parties agree that services provided since January 1, 2008 shall
be included within the Scope of this Agreement.
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insureds) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
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c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Each party agrees to defend, indemnify and hold harmless the other party, its officers,
agents, employees, consultants, special counsel, and representatives from and against any and all
demands, claims, actions, losses, liabilities, damages and costs arising out of or in connection
with the performance of this Agreement, caused in whole or in part by the negligent acts or
omissions, or the willful misconduct of the indemnifying party, its officers, agents, employees,
subcontractors or of anyone for whose acts the indemnifying party may be liable, except where
caused by the sole negligence or willful misconduct of the indemnified party.
7. CONFIDENTIALITY/FILE SECURITY
Reasonable security provisions will be provided by Consultant to insure that access to
City computer records and files will be available only to City. Consultant cannot guarantee
against loss or alteration of computer records, but will take reasonable precautions to prevent
such occurrences. Consultant will hold all City data in strict confidence and shall not provide any
data to any other party unless directed by City in writing.
If either party receives from the other party regarding information which due to the nature
of such information is reasonably understood to be confidential and/or proprietary, the receiving
party agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its own
information of like importance, but in no event less than reasonable care. "Confidential
Information" shall include all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of the
other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c)
is in rightful possession of the receiving party without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the receiving
party without reference to information disclosed by the other party.
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8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 245-8007
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Phoenix Group Information Systems
369 Van Ness Way, Suite 730
Torrance, California 90501
Telefacsimile (310) 320-9228
Attn: Mary Houghton
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
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10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant until the date of termination, subject to the
following conditions:
a. As a condition of such payment, the Chief of Police may require Consultant to deliver to
the City all work product completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Consultant consents to the City's use thereof for
such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
25D-7
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
PHOENIX GROUP
INFORMATION SYSTEMS
ROBERT T. MURPHY
President
Tax ID# 33-0311833
25D-8
EXHIBIT A
DEFINITIONS
As used in this Agreement, the following words shall have the meanings ascribed to them in this
section:
A. Citation: A notice of parking violation issued by any peace officer or employee
of the City, or by an employee of a contractor engaged by the City for the
issuance of notices of parking violations.
B. "DMV": California Department of Motor Vehicles
C. Interactive Voice Response System: An electronic telephone response system
through which callers may retrieve automated information concerning the status
of their citations.
D. Surcharge: The amount payable to the County, pursuant to State law, for a
citation issued by the City and paid by a violator.
E. Violator: The registered owner or driver of a vehicle for which a citation has
been issued for a parking or related violation.
SCOPE OF SERVICES
1.1 General Scope. As more specifically provided herein, CONSULTANT shall receive from
the City and process citations for parking and related violations issued by City or its agents
involving vehicles registered in both California and out-of-state. CONSULTANT shall also
notify violators of penalties, accept payments of fines and pursue collection of unpaid citations.
CONSULTANT shall refund moneys collected for parking fines paid on parking citations in
order to correct payment or issuance errors.
1.2 Integration of Prior Data. At no cost to City, in order to facilitate the continued
monitoring and collection of outstanding citations CONSULTANT shall process, convert, and/or
integrate into its own system for processing citations, information relating to open citations issued
by City or its agents prior to the commencement of the Initial Term of this Agreement.
CONSULTANT shall complete such integration within thirty (30) days after CONSULTANT
receives electronic data from City, or from a contractor previously engaged by City to provide
similar processing services, containing information for citations issued and entered into the
electronic system of City's previous contractor.
1.3 Citation Referral and Reconciliation. The City shall forward citations to CONSULTANT
daily or weekly by way of electronic communication or hard copy. CONSULTANT shall
provide monthly statistical reports to City showing a detailed reconciliation of citations received
each month. The City shall also provide to CONSULTANT information regarding citation
payments received directly by City, as well as cancellations, dismissals, voided citations,
corrections and any other relevant information pertaining to the status of open citations.
25D-9
1.4 Registered Owner Information. CONSULTANT will be responsible for requesting all
DMV registered owner information, communications, and costs from each state. If
CONSULTANT is unable to obtain the necessary information, the citation may be returned to
City for research or follow-up.
1.5 Delinquency Notices. For each citation which may become delinquent under a schedule
adopted by the City and provided to CONSULTANT, CONSULTANT shall generate and send
via first class mail a Delinquency Notice to the registered owner of the vehicle for which the
citation was issued, as shown in records of the DMV. Mailed notices shall include:
A. Citation number
B. Date and time of issuance
C. Violation and description
D. Amount of fine/fee due
E. How to pay the citation
F. Return address for payment
1.6 Communications with Violators. In performing services, CONSULTANT shall not do or
undertake any of the following without the express prior written permission of the City Attorney:
A. Take any legal action on behalf of City against any person who is issued a
citation by the City.
B. Threaten to take any action on behalf of City against any person who is issued a
citation by City.
C. Make any communication, oral or written, regarding potential legal action on
behalf of the City against any person who is issued a citation by the City.
1.7 Vehicle Registration Holds.
1.7.1 Placing Registration Holds. CONSULTANT shall place a hold with DMV on the
registration of each vehicle for which a citation remains unpaid by the registered owner
of such vehicle in accordance with, and within the time period provided in, the California
Vehicle Code anD other applicable law.
1.7.2 Removing Registration Holds. Once a registered vehicle owner remits the entire
amount of fines, penalties, and fees due on an unpaid citation to the satisfaction of City,
CONSULTANT shall electronically notify DMV within five (5) calendar days to remove
the registration hold on that vehicle.
1.8 Forms. All forms, delinquency notices, and correspondence sent by CONSULTANT shall
conform to applicable law.
1.9 Books and Records. CONSULTANT will maintain adequate books and records
documenting the citations forwarded by City to CONSULTANT for processing. Upon two week
prior notice, such books or records, related processing data, and related bank records shall be
available for inspection or audit by City at CONSULTANT'S business location during regular
working hours.
2.0 PAYMENT PROCESSING
2.1 Payment Processing. CONSULTANT shall be responsible for receiving and processing
citation payments submitted by violators. CONSULTANT shall deposit all payments received
25D-10
directly by CONSULTANT, and any payments forwarded by City, within 48 hours (2 working
days) after receipt into an account controlled by the CITY. For citation payments which may be
submitted directly to the City, the City may either forward such payments to CONSULTANT for
processing and deposit, or accept such payments and input directly to the CONSULTANT
system.
2.2 Deposits. CONSULTANT will provide a daily update to the City with deposit information;
including but not limited to: date of deposit, amount of deposit, name of bank and account
number.
2.3 Credit Card Payments. CONSULTANT shall provide the opportunity for violators to pay
citations by credit card, both over the telephone and the Internet. In addition to the citation
amount and any applicable surcharges, a violator making payment by credit card shall also be
charged an additional convenience fee of $3.95 retained by CONSULTANT. CONSULTANT
shall provide this service at no charge to City.
2.4 Revenue Reporting. CONSULTANT shall forward to City revenue reports to reconcile the
deposit records for each month. Such reports must also disclose the percentage-based fee charged
by CONSULTANT for processing citations issued for vehicles registered outside California, as
further described in Section 5.1.
2.5 Refunds. CONSULTANT has added the City of Santa Ana (CITY) to an Imprest account
set up for Refunds. The CITY funds the account for the purpose of funding the disbursements for
refunds. At such time that the fees are disbursed; the CITY is invoiced monthly for an equal
amount to replenish the funds to make available for the next months disbursements. The account
balance covers an average month of refunds. CONSULTANT will prepare a monthly accounting
of the distribution revenue and forward in detail to the CITY.
A request to refund the parking fine can be generated by the City or CONSULTANT. In order to
facilitate the process of refunding moneys:
1. CONSULTANT or CITY may request a refund.
2. Only the CITY may approve or authorize a refund, CONSULTANT will request approval
either by fax or email prior to any disbursment of funds.
3. CITY may request a refund on-line. CONSULTANT will maintain the name of the
requester.
4. CONSULTANT will ensure that the Refund request has been properly completed and
approved by the CITY.
5. CONSULTANT shall verify the correctness of the refund and notify the CITY of any
discrepancies.
6. CONSULTANT shall prepare checks to each recipient, drawn from the Imprest account,
for the indicated refund amount within 7-10 days.
7. On-line data available includes Refund Request initiated (date pending), complete date,
recipient's name and address, amount disbursed.
3.0 CUSTOMER SERVICE
CONSULTANT will respond to all inquires and complaints by violators regarding the status or
disposition of citations. CONSULTANT will provide assistance whenever possible to violators
for all inquiries. CONSULTANT shall provide a toll free telephone number for California and
out-of-state violators to call for assistance. CONSULTANT shall provide an Interactive Voice
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Response System for use by violators 24 hours per day, 7 days per week. CONSULTANT shall
provide live customer service for violators from 8:00 AM to 5:00 PM daily, excluding weekends
and CONSULTANT holidays.
3.1 On-Line Inquiry
CONSULTANT will provide to the CITY on-line remote access that will include the following:
a. All citation information history and processing status,
c. Current status of the citation, DMV inquiry, hold, and release information,
d. Delinquent notice information, due date, mailing date,
e. Administrative review, hearing appeals and disposition information,
f. Payment information, including all date, amounts and payment codes, and
g. Registered owner information.
The citation data is accessible by citation number, vehicle license number, name, or VIN number.
3.2 Equipment Requirements
CITY will provide a standard Personal Computer and Microsoft Windows 2000 Pro or XP PRO.
CONSULTANT will provide Microsoft Client Terminal Services. The cost of the software is
included. Any licensing required to operate Terminal Services will be the responsibility of the
CITY. CITY will be required to provide Adobe Acrobat Reader, Internet (Microsoft Internet
Explorer) and FTP capabilities.
4.0 REPORTING
CONSULTANT shall provide electronic periodic reporting to City in a PDF format available for
access using Adobe Acrobat Reader software. CONSULTANT shall issue the reports each
month, unless a longer time interval is requested by City. Initially, the reports shall include:
A. Citation Status Report
B. Citation Summary Report
C. Bail Summary Report
D. Revenue collection report
E. Repeat Offender Report
F. Violation Report
G. DMV Monthly Reports
H. Officer Report
I. Refund Report
5.0 FEES
5.1 For Regular Services. In consideration for the services provided by CONSULTANT, City
agrees to pay to CONSULTANT the following fees. The payments specified in this section shall
be the only compensation made to CONSULTANT for services rendered under this Agreement:
1. Fee per citation processed ............................$1.17
2. Out-of-State Vehicles ....................................32% of collections (*1)
3. Second Notices ............................................$.78 (*2)
4. Hearing Officer Hours .................................$35.OOper hour (*3)
5. SpeciaUCustom Letters .................................$1.25 each (*4)
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6. Parking citation refunds ...............................$3.50 per refund
(*1) Out-of-State vehicle processing includes any costs charged by the state. The
percentage is only for citations that are collected.
(*2) Second Notices are sent out after the first notice has been sent and returned for
additional work, or mailing. Example would be a name correction or change.
Additionally, if any notices have not been previously generated by the City's vendor (and
the City elects to generate notices) the notices would be charged the same rate as the
second notices.
(*3) No charge for 30 hearings per month.
(*4) During the term of this agreement, special letters may be included as directed by the
City. Special letters are custom letters that follow up processing. An example would be
letters that inform the violator of habitual violations. CONSULTANT will not
implement processing special letters without the written request of the City.
5.2 Postal increases. If the United States Postal Service increases the cost of first class mail
postage, CONSULTANT may request that City approve an adjustment to the fees set forth above
to offset the increased costs of mailing Delinquency Notices. Any such request by
CONSULTANT shall be in writing and may be approved, in the City's sole discretion, by the
City Manager.
5.3 Requests for Archived Electronic Media. CONSULTANT shall charge $50.00 for each
request by City for archived data or reports in electronic format.
5.4 Invoice. Consultant shall invoice City each month for services rendered pursuant to this
Agreement during the previous month. City shall review such invoice and, if acceptable, shall
remit payment therefore within 30 days, subject to City accounting procedures.
6.0 DATA RETENTION POLICY
6.1 Electronic Data Files. Electronic data maintained by CONSULTANT and related to
citations which have been closed (by payment or any other means) for at least 12 months and
which were issued at least 18 months prior to removal, shall be removed from CONSULTANT'S
electronic system and archived in July of each year. Data archived from CONSULTANT'S
system shall be retained by CONSULTANT in electronic media for 24 months following the date
of archival. CONSULTANT shall provide to the City a copy of such data in electronic format
upon request by the City. The cost for this service is specified in Section 5.3 of this Agreement.
6.2 Hard Copy Data. At no cost to the City, CONSULTANT shall return hard copy files to the
City in January and July of each year for the six-month period commencing one year prior to
delivery of the hard copy files. For example, hard copy files delivered to CONSULTANT during
the period of January to June shall be returned to the City the following January. Hard copy files
shall include all original citations and payment receipts. CONSULTANT will also provide
computer generated citation data for citations on the system provided they have not been archived
to magnetic media.
25D-13
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations and
uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
this endorsement form as a part of
Issued to
Named Insured
Countersigned by
Authorized Representative
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