CC SR 20211221 L(Signature) - Turbo Data
CITY COUNCIL MEETING DATE: 12/21/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve the Professional Services Agreement
between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills and
Rancho Palos Verdes for processing of parking citations.
RECOMMENDED COUNCIL ACTION:
(1) Approve the Professional Services Agreement between Turbo Data Systems
(TDS), Inc. and the cities of Rolling Hills Estates, Rolling Hills and Rancho Palos
Verdes for processing parking citations and identifying the City of Rancho Palos
Verdes as lead agency serving as the liaison between the cities and TDS; and
(2) Authorize the Mayor to execute the Professional Services Agreement, in a form
acceptable to the City Attorney.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Karina Bañales, Deputy City Manager
REVIEWED BY: Same as Above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. TDS Professional Services Agreement (page A-1)
B. 1993 TDS Agreement for Processing of Parking Citations (page B-1)
C. City of Rancho Palos Verdes Ordinance No. 296 (page C-1)
BACKGROUND:
On November 23, 1993, the cities of Rancho Palos Verdes, Rolling Hills Estates, and
Rolling Hills entered into an agreement with Turbo Data Systems, Inc. (TDS) to perform
Parking Citation Administrative services (Attachment B). The decision to contract parking
citation administrative services resulted from a 1992 bill, Assembly Bill No. 408 (AB 408),
which decriminalized parking citations, removed processing parking citations from the
courts’ responsibility, and established an “administrative adjudication” system for these
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CITYOF RANCHO PALOS VERDES
offenses. In addition, AB 408 extensively revised most of the California Vehicle Code
provisions related to issuing, processing, and collecting parking citations. As a result of
AB 408, cities could no longer rely on the courts for parking citation service s and were
required to assume this responsibility.
The City of Rancho Palos Verdes was in a similar situation as Rolling Hills and Rolling
Hill Estates, in which they did not have the personnel or expertise to take on this new
responsibility. Therefore, the three Peninsula cities partnered and entered into a joint
professional services agreement with TDS to provide these services on their behalf. Since
three cities entered into one contract, a lead agency was required. The City of Rolling
Hills Estates became the lead agency and liaison between the three Peninsula cities and
TDS.
On December 23, 1993, the City of Rancho Palos Verdes memorialized AB 408 and
added it to its Municipal Code Chapter 10.28 to title 10 called Parking Citation Procedures
(Attachment C).
DISCUSSION:
Over the past few years, it has come to the attention of the three Peninsula cities,
particularly Rolling Hills Estates, who currently is the lead agency, that nearly all the
parking citations issued and appealed were for the City of Rancho Palos Verdes. This
can primarily be attributed to Rancho Palos Verdes being the largest city on the Peninsula
and having more regulated public parking spaces including at the various trailheads to
the Palos Verdes Nature Preserve. The two tables below reflect parking citations issued
and appealed for 2020 and 2021 (to date) among all three Peninsula cities.
Parking Citations Issued
City 2020 2021
Rolling Hills 0 24
Rolling Hills Estates 58 1
Rancho Palos Verdes 2,205 2,528
Parking Citations Appealed
City 2020 2021
Rolling Hills 0 0
Rolling Hills Estates 7 1
Rancho Palos Verdes 96 37
In light of this, the amount of administration work performed by Rolling Hills Estates did
not equate to the number of parking citations issued and appealed by its agency. As a
result, the cities of Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates agreed
that the contract should be amended to identify the City of Rancho Palos Verdes as the
lead agency and liaison between the three Peninsula cities and TDS.
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Rancho Palos Verdes Staff began discussing amending the TDS contract with legal
counsel, and it was determined that it was outdated and did not align with the current
contract language and approval by TDS and all three cities. In addition, TDS needed to
provide a list of current “Scope of Services” and “Fees” for transparency purposes and to
ensure that all three agencies are aware of costs associated with the contract.
Thus, the City Council is being asked to approve a new Professional Services Agreement
with TDS and the cities of Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes
for the processing of parking citations (Attachment A) and to identify Rancho Palos
Verdes as the lead agency and liaison between the cities. The City Attorneys from Rolling
Hills, Rolling Hills Etates and Rancho Palos Verdes have reviewed and approved the
attached Professional Services Agreement.
If accepted, the transition of lead agency from Rolling Hills Estates to Rancho Palos
Verdes will be effective January 1, 2022. It should be noted that the City of Rancho Palos
Verdes will not charge an administrative fee to the cities of Rolling Hills Estates and
Rolling Hills primarily because parking citation services with these two cities is anticipated
to continue to be minimal.
CONCLUSION:
Staff recommends the City Council approve the Professional Services Agreement
(Attachment A) for the processing of parking citations.
ALTERNATIVES:
In addition to staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not approve the Professional Services Agreement with Turbo Data Systems,
Inc. and direct Staff to issue a request for proposals.
2. Direct Staff to decline becoming the lead agency and to renegotiate with the three
Peninsula cities.
3. Direct Staff to enter into a Professional Services Agreement solely between
Rancho Palos Verdes and TDS, thereby not including the cities of Rolling Hills and
Rolling Hills Estates.
4. Take other action, as deemed appropriate.
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01203.0001/746472.2 1
AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
This Professional Services Agreement For Processing of Parking Citations (the
“Agreement”) is entered into by and between Turbo Data Systems, Inc. (TDS), a California
Corporation, and the City of Rolling Hills Estates, a general law city and municipal corporation,
the City of Rancho Palos Verdes, a general law city and municipal corporation, and the City of
Rolling Hills, a general law city and municipal corporation (hereinafter individually referred to as
“City” and collectively referred to as the “Cities” or as "ŐĞŶĐLJ"). TDS and Agency are also
referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A.TDS desires to perform and assume responsibility for the provision of professional
processing of parking citation consultant services required by the Cities;
B.TDS represents that it is experienced in providing professional processing of
parking citation consultant services to public entities, is licensed in the State of California, and is
familiar with the plans of the Cities; and
C.TDS and Agency desire to enter into this Agreement, whereby TDS will process
parking citations for Agency pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, the Parties hereto agree as follows:
1.LEAD AGENCY. Rancho Palos Verdes will act as the lead Agency for purposes of this
Agreement and shall serve as the liaison between the Cities and TDS. Rancho Palos Verdes
will receive all reports, information, and revenue, which are required to be provided by TDS
pursuant to this Agreement, on behalf of all the Cities. Rancho Palos Verdes shall
supply copies of all reports or data provided by TDS to Rolling Hills Estates and Rolling Hills
within 30 calendar days of receipt of same from TDS. Rancho Palos Verdes also shall provide
to Rolling Hills Estates and Rolling Hills a monthly report, indicating the share of each
city’s prior month’s revenues, and distribute each city’s allocated amount with such
monthly report.
2.CONTRACT OFFICER. Karina Banales, Deputy City Manager, or such person as may be
designated by the Rancho Palos Verdes City Manager, is hereby designated as being
the representative of the Agency authorized to act in its behalf with respect to the work
and services specified herein and to make all decisions in connection therewith
(“Contract Officer”).
3.PURPOSE. The purpose of this Agreement is for TDS to process parking citations for Agency
in a timely manner.
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4.SCOPE OF SERVICES. When and as directed by Agency in writing, TDS shall perform the
services identified in Exhibit A (Scope of Services), which is attached hereto and incorporated
herein by reference.
5.PROHIBITION AGAINST SUBCONTRACTING AND ASSIGNMENT. TDS shall not contract with any
entity to perform in whole or in part the work or services required hereunder without the express
written approval of each of the Cities. Neither this Agreement nor any interest herein may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of
each of the Cities. Any such prohibited subcontract, assignment, or transfer shall be void.
6.TERM. This agreement shall become effective for a period of five (5) calendar years,
commencing January 1, 2022.
7.CONSIDERATION. In consideration for services performed by TDS as provided in this
Agreement, Agency shall pay TDS pursuant to the terms set forth in Exhibit "B" (Consideration),
which is attached hereto and incorporated herein by this reference.
8.PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed
on a monthly basis in arrears, and payment for undisputed amounts shall be made within
fifteen (15) days after receipt of such invoice.
9.ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for
examination by the Agency or its authorized representative(s) within one week following a
request by the Agency to examine such records.
10.TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required
by this Agreement in an expeditious and timely manner so as not to unreasonably delay the
purpose of this Agreement as set forth in Sections 1 and 3.
11.INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be
an independent contractor and shall not be an employee of the Agency. The Agency shall
have the right to control TDS only insofar as the results of TDS's services rendered pursuant to
this Agreement; however, Agency shall not have the right to control the means by which TDS
accomplishes the services rendered pursuant to this Agreement.
12.FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and
equipment that may be required for performance of the services required by this Agreement.
13.INDEMNIFICATION BY TDS.
A.TDS agrees to defend, indemnify, hold free, and harmless the City of Rancho Palos
Verdes, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and
against any and all claims, actions, suits, or legal proceedings brought against the City of Rancho
Palos Verdes, its elected officials, officers, agents, and employees arising out of the performance
of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its
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failure to comply with any of its obligations contained in this Agreement, regardless of the City
of Rancho Palos Verdes’ passive negligence, but excepting such loss or damage which is caused
by the sole active negligence or willful misconduct of the City of Rancho Palos Verdes.
B.TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills
Estates, its elected officials, officers, agents, and employees, at TDS’s sole expense, from and
against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling
Hills Estates, its elected officials, officers, agents, and employees arising out of the performance
of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its
failure to comply with any of its obligations contained in this Agreement, regardless of the City
of Rolling Hills Estates’ passive negligence, but excepting such loss or damage which is caused by
the sole active negligence or willful misconduct of the City of Rolling Hills Estates.
C.TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills,
its elected officials, officers, agents, and employees, at TDS’s sole expense, from and against any
and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills, its
elected officials, officers, agents, and employees arising out of the performance of TDS, its
employees, and agents of the work undertaken pursuant to this Agreement or its failure to
comply with any of its obligations contained in this Agreement, regardless of the City of Rolling
Hills’ passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the City of Rolling Hills.
14.INDEMNIFICATION BY AGENCY. TDS shall use due care in processing work of the
Agency. Any errors shall be corrected by TDS at no additional charge to the Agency. TDS shall
be entitled to reimbursement from the Agency for any expenses incurred by TDS for the
correction of any erroneous information provided by the Agency and TDS shall not be
responsible for Agency's losses and expenses resulting from erroneous source materials
provided by the Agency. Neither party shall be liable to the other for any indirect or
consequential losses or damages resulting from any errors within the scope of this Section.
15.FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this
Agreement, TDS shall comply with all applicable provisions of the California Fair Employment
Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment
provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.
16.AGENCY. Except as Agency may specify in writing, TDS shall have no authority, expressed or
implied, to act on behalf of the Agency in any capacity whatsoever as an agent. TDS shall have
no authority, expressed or implied, pursuant to this Agreement to bind Agency to any
obligation whatsoever.
17.CHANGES IN LAW. TDS shall notify Agency in writing of any changes in the processing of
parking violations as a result of changes in the law or DMV regulations affecting such violations.
Upon such notice, Agency shall determine whether to implement the recommended changes
proposed by TDS or to terminate the Agreement as of the effective date of the change in law or
regulations.
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18.OWNERSHIP OF SOFTWARE. Agency acknowledges that the software and software
programs used by Agency or used for Agency's benefit which were developed by TDS are the
sole property of TDS and the Agency obtains no right or interest in the software by virtue of
this Agreement.
19.OWNERSHIP OF DOCUMENTS. All electronic and handwritten citations; electronic and
handwritten reports; electronic storage media; and other documents, including copies
and reproductions assembled or prepared by TDS or TDS’ agents, officers, or employees in
connection with this Agreement, shall be the property of Agency and shall be delivered to the
Agency upon either the completion or termination of this Agreement.
20.FORCE MAJEURE. The Parties shall not be responsible for delays or failure in performance
resulting from acts beyond the control of Parties. Such acts shall include, but are not limited
to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure,
earthquakes, or other disasters.
21.TERMINATION. This Agreement may be terminated by either party upon sixty (60) days
written notice. At such time, TDS agrees to provide Agency, in computer readable form, a copy of
all data files used for purposes of carrying out the obligations under this Agreement.
22.NOTICE. Whenever it shall be necessary for either party to serve notice on the other
respecting this Agreement, such notice shall be served by certified mail addressed to:
TDS: Turbo Data Systems, Inc.
1551 N Tustin Avenue Suite 950
Santa Ana CA 92705
Roberta J. Rosen, President
Agency: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
City of Rolling Hills Estates
4045 Palos Verdes Dr. N
Rolling Hills Estates, CA 90274
unless and until different addresses may be furnished in writing by either party to the other. Such
notice shall be deemed to have been served within seventy-two (72) hours after the same has
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been deposited in the United States Post Office by certified mail. This shall be valid and sufficient
service of notice for all purposes.
23.EXTENT OF AGREEMENT. This Agreement represents the entire and integrated
agreement between Agency and TDS and supersedes any and all prior negotiations,
representations, or agreements, either written or oral. This Agreement may be amended only
by written instrument signed by all of the Parties. In the event that any provision hereof is
deemed to be illegal or unenforceable, such a determination shall not affect the validity
or enforceability of the remaining provisions hereof, all of which remain in full force and
effect.
24.CALIFORNIA LAW. This Agreement shall be interpreted, construed and governed both as to
validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Los Angeles, State
of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the
Central District of California, in the County of Los Angeles, State of California.
25.LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms
of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the
connection with any of the provisions of this Agreement, the successful or prevailing party or
parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred
in that action or proceeding, including the costs of appeal in addition to any other relief to
which it or they may be entitled.
26.INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the
Agreement, and provide proof thereof that is acceptable to Agency the insurance specified in
this Agreement under forms of insurance satisfactory in all respects to Agency.
TDS shall procure and maintain 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
TDS, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed.1 /73) covering Comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001).
Insurance Services Office form number CA 0001 (Ed.l/78) covering Automobile Liability, code 1
any auto and endorsement Ca 0025.
Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
TDS shall maintain limits no less than:
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General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability Insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retention
Any deductibles or self-insured retentions must be declared to and approved by Agency. At
the option of Agency, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to each Agency and its officers, officials, employees,
volunteers, and agents; or TDS shall procure a bond guaranteeing payment of losses and
related investigations, claim administration, and defense expenses.
Other Insurance Provisions
Any failure to comply with reporting or other provisions of the policies including breaches
of warranties shall not affect coverage provided to each Agency and its officers,
officials, employees, volunteers and agents.
TDS's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
Each general liability insurance and automobile liability insurance policy shall be endorsed with
the following specific language:
The City of Rancho Palos Verdes, its elected or appointed officers, officials, employees, agents,
and volunteers are to be covered as additional insureds with respect to liability arising out of
work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in
connection with such work or operations.
The City of Rolling Hills Estates, its elected or appointed officers, officials, employees, agents, and
volunteers are to be covered as additional insureds with respect to liability arising out of work
performed by or on behalf of the TDS, including materials, parts, or equipment furnished in
connection with such work or operations.
The City of Rolling Hills, its elected or appointed officers, officials, employees, agents, and
volunteers are to be covered as additional insureds with respect to liability arising out of work
performed by or on behalf of the TDS, including materials, parts, or equipment furnished in
connection with such work or operations.
Verification of Coverage
TDS shall furnish certificates of insurance evidencing all the coverage required above, naming
the Agency as additional insured. All endorsements are to be received and approved by Agency
before work commences. All required information is to be mailed to the address shown in
the NOTICE section of the Agreement.
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27.COVENANT AGAINST DISCRIMINATION. TDS covenants that, by and for itself, its heirs,
executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other
protected class in the performance of this Agreement. TDS shall take affirmative action to ensure
that applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class
28.NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES. No officer or employee of each
Agency shall be personally liable to the TDS, or any successor in interest, in the event of any
default or breach by any of the Agencies or for any amount, which may become due to TDS or to
its successor, or for breach of any obligation of the terms of this Agreement.
29.EFFECTIVE DATE OF THIS AGREEMENT. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument and shall be effective from and after January 1, 2022.
CITY OF RANCHO PALOS VERDES
By:__________________________
Name/Title:___________________
Date:________________________
CITY OF ROLLING HILLS ESTATES
By:__________________________
Name/Title:___________________
Date:________________________
CITY OF ROLLING HILLS
By:__________________________
Name/Title:___________________
Date:________________________
[SIGNATURES CONTINUE ON NEXT PAGE]
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David L. Bradley, Mayor
12/21/21
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TURBO DATA SYSTEMS, INC.
By:______________________
Roberta J. Rosen
President
By:______________________
Elie M. Sleiman__________
Secretary__________
[END OF SIGNATURES]
Two corporate officer signatures required a corporation, with one signature required from each
of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
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EXHIBIT “A”
SCOPE OF SERVICES
TDS shall perform the following services in processing all parking citations:
A.Basic Processing – TDS will enter manual citations and citation dispositions into Agency’s database
within 2 business days. The basic service includes database maintenance, daily system backups, toll-
free phone number for the public, Interactive Voice Response System (IVRS) with customized
recorded information and citation lookup capability, pticket.com web-based Inquiry System for the
public with customized content, Agency Service Representatives (8:00 am – 5:00 pm, Monday
through Friday, excluding holidays) to speak with the public regarding parking citation issues,
ongoing Client support, and documentation and training for use of the TDS-provided online system.
B.Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into
Agency's database within 1 business day. TDS will maintain and update the hot sheet or scofflaw
files on a daily basis for Agency to upload into their handheld ticket writers. TDS will work with
Agency to implement any changes required for handheld ticket writer equipment.
C.System and Document Storage - Citations paid or dismissed will be retained on the computer system
for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years
and then removed. Citation documents will be stored for 2 years from date of issue and then returned
to Agency or shredded. Payment documents will be stored for 2 years from the date of payment
and then returned to Agency or shredded.
D.Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to
be available for Agency access no later than the thirtieth (30th) day of the following month.
E.DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of
registered owners of cited vehicles for those citations that have not been cleared prior to their notice
generation date.
F.Notice Processing - Print the required Notice and mail to each registered owner whose name has been
retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for
bounced checks, partial payments, and name or address changes. The notice date shall be extended
whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice
forms and envelopes will be provided by TDS.
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AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
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G.DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California
DMV for vehicles with California license plates after a Notice of Violation has been mailed to the
registered owner and TDS has not received notification that the citation has been cleared. This
Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date
specified by the Agency to be the DMV Date.
H.DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a
Notice of Delinquency has been cleared within 2 business days after TDS has received notification of
clearance.
I.DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently
monthly) and update DMV transactions into Agency's database, providing reporting for
reconciliation purposes.
J.Delivery Service – Manual citations will be mailed or scanned to TDS by Agency at their own
expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or
US Mail.
K.Collection and Payment Processing - TDS will provide the following collection and payment processing
services for Agency:
•Provide P. O. Box where payments are mailed
•Courier pickup from P. O. Box daily
•Open all mail
•Verify payment amounts and record on computer system within 2 business days (48 hours)
•Respond to reasonable non-judicial public inquiries by phone and mail
•Return questionable mail to Agency for decision
•Make bank deposits to Agency bank account using check scanning
•Verify amounts deposited, by citation number
•Provide toll-free number for citizen inquiries
•Provide weekly reports for bank statement reconciliation
•Provide monthly Paid Citation Distribution Report for Agency to make surcharge
payments to the County
•Scan checks and deposit parking funds (remote deposits) into Agency’s bank account.
Check scanning hardware and software is provided by Agency for its specific banking
requirements.
•Contractor does not charge for remote deposits; however, the financial institution may
charge a fee, which is the responsibility of the Agency.
•Agency's not set up for bank check scanning will incur additional courier fees.
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AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
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L.Out of State Citations - TDS shall process citations for non-California license plates by entering the
citation information into the system database and reporting them along with all other citations on the
database with the standard reports. If they become delinquent, requests for registered owner
information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated
to the registered owner and the fine amount requested. TDS will incur all costs for out of state name
retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Agency based on
the amount of revenues collected from out-of-state citations after the Notice of Intent has been
issued. This amount will be billed monthly for the prior months' receipts (as determined from our
database and/or reports). Payments collected via credit card will also incur credit card fees.
M.IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response
(IVR) System, and through the pticket.com web site, we accept credit card payments via Visa,
MasterCard and Discover. The systems authorize each transaction while the caller is on the phone
or online. Agencies are given an authorization number or email confirmation to confirm their
charge. The IVR system and the pticket.com web payment system both automatically update the
citation database with the payment immediately. Credit Card monies are paid to a Turbo Data
Systems bank account and are reconciled monthly. Each Agency receives their own credit card
postlog which shows in detail which citations were paid and for what amount, along with the deposit
slip from the bank or the ACH deposit email showing that these funds have been deposited into the
Agency’s account. Should there be any charge backs to a merchant account, the funds are pulled
directly from the Turbo Data master account and the citation will be reactivated, much like a
bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will
provide all services regarding reconciliation, reactivation of charge backs, etc. Agency will not be
involved in the daily processing.
N.Administrative Adjudication Processing - TDS will provide for the processing of requests for
contesting citations, allowing for Agency processing of administrative reviews, tracking and
monitoring all relevant dates on an automated system, mailing timely notification to respondents
regarding the status of their claims, and scheduling of administrative hearings. All Administrative
Adjudication information entered into the system is done in real time and is linked to existing database
information to ensure proper tracking of relevant dates, mailing names and addresses and other
A-11
AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
4
pertinent information. Administrative Review requests will be entered within 2 business days of receipt.
Adjudication documents will be stored for 2 years from their activity date and then shredded.
O.Paperless Appeals (eAppealsPRO & Scanning) – TDS will provide online appeal capability for the
public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal
documents and electronic storage of those documents. TDS will provide an online application to
access the appeals, which will be searchable and sortable. TDS will keep an electronic history of
processed appeals for at least two years.
P.Online Inquiry Access for Agency's Staff - Access includes online access 24 hours a day, 7 days a
week for Agency personnel to inquire on Agency’s database. This access includes citation inquiry
(includes citation status, history status, administrative adjudication status, notes, etc.), the ability to
enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view
daily file transfers sent from the handheld ticket writer software and received at TDS’ facility. TDS’
technical staff will provide support. TDS will provide a real-time secured high-speed connection to
the citation database through the Agency's Internet connection.
Q.Additional Notices– TDS will mail Other Correspondence as required for processing.
R.ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer
of Ownership Releases or Non-California plates) and any other citations deemed as delinquent
citations by Agency are transferred into the ICS system on a weekly basis. Up to two collection
letters will be mailed for each ICS account requesting payment. Payments are processed daily and
deposited to the Agency’s regular citation processing bank account. The TDS Agency Service
Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts.
Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS
efforts.
S.Franchise Tax Board Offset Program – TDS will combine citations by license number for total amount
due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN,
mail required FTB letters in advance of placing accounts at FTB, process payments generated by the
FTB process, receive phone calls generated by the FTB process, provide all systems and operational
procedures required for the FTB process, and provide complete reporting and reconciliation for the
FTB process. Agency will be required to complete required FTB paperwork and forms (with TDS’
A-12
AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
5
assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be
required to work with the FTB regarding the FTB process.
T.Payment Plans - The Contractor will have a payment plan system in place to comply with all
legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent
individuals. Plan requests will be submitted to the Agency for review/approval/denial. The
Contractor will mail correspondence to let the applicant know the status of their payment plan
application and other details. Payment Plans allow the Agency to waive fees for indigent persons,
adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment,
the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor
will provide customized Agency specific information for indigent payment plans on pticket.com.
U.Bank Account Management (Optional)
TDS will open a trust account in the name of the Agency to receive parking deposits for all parking
citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS
will process any required refund checks. TDS will send a, monthly surcharge check to the county
based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly
for the balance of the funds. TDS will reconcile the account monthly and provide documentation to
Agency of reconciliation.
V.Handheld Ticketwriters – ticketPRO Magic
TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as
required at the pricing then in effect. TDS will provide maintenance and support for the Automated
Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field.
TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades
as newer versions become available. Support via email for support requests and for reporting
software/hardware issues.
A-13
AGREEMENT TO PROVIDE FOR PROCESSING OF PARKING CITATIONS BETWEEN
TURBO DATA SYSTEMS AND THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,
AND RANCHO PALOS VERDES
6
EXHIBIT “B” - CONSIDERATION
Basic Processing Services $1.255 per citation
$300 minimum in basic processing services required
Out of State Processing 35% of amount collected
No charge until payment is collected.
Administrative Adjudication Letters $2.29 per letter mailed
Includes processing all administrative review result letters, hearing result letters, scheduling of all hearings
and processing hearing schedule letters for the public.
Additional Correspondence $1.08 per letter mailed
Paperless Appeals (eAppeals PRO) included with Administrative Adjudication
Special Collections ICS (optional) 33% of amount collected (optional)
FTB Interagency Processing (optional) $2.50 per letter + 15% of amount collected
Bank Account Management (optional) $100 per month plus bank fees/charges
Refund Checks/NSF’s $5.00 each
Payment Plan Processing $10 per payment plan
Payment Plan Letters $1.08 per letter mailed
Courier Services for Banking $200 per month (not applicable if scanning
checks to your account or a
bank management Agency)
Fee Increases:
Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase.
Annual CPI Increase – Fees will increase according to the CPI for each 12-month period.
A-14
B-1
,y .
AGREEMENT FOR PROCESSING
OF PARKING CITATIONS
•
. --.1 5 199?
This Agreement is entered into as of November 23
199...1.,,1' by and between Turbo Data Systems, Inc. (TDS), a
California Corporation, and the Cities of Rolling Hills Estates,
Rancho Palos Verdes, and Rolling Hills, (unless otherwise
indicated collectively referred to as "Customer").
WHEREAS, new legislation adopted by the State
Legislature (AB 408) requires Cities to assume the responsibility
from the municipal courts for processing parking citations issued
by Cities;
WHEREAS, the Cities do not have a sufficient number of
staff members available to undertake these additional tasks;"
WHEREAS, TDS has represented to the Cities that it has
the necessary expertise to undertake these tasks on behalf of the
Cities;
WHEREAS, TDS and customer desire to enter into an
Agreement whereby TDS will process parking citations for customer
pursuant to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual
covenants, conditions, representations and warranties contained
herein the parties hereby agree as follows:
1. LEAD AGENCY. Rolling Hills Estates will act as the
lead Customer and agent for all three Cities for purposes of this
i/ The City Clerk is to insert the effective date; the
effective date shall correspond to the effective date of the
ordinance last adopted by any of the three Cities which is a
party hereto, whereby each City assumes the responsibility for
processing parking citations.
931022 R6876-00001 pjr 0691350 3
B-2
Agreement and shall serve as the liaison between the Cities and
TDS. Thus, Rolling Hills Estates shall receive all reports,
information and revenue, which are required to be provided by TDS
pursuant to the provisions of this Agreement, on behalf of all
three Cities. Rolling Hills Estates shall supply copies of all
reports or data provided by TDS to Rolling Hills and Rancho Palos
Verdes within thirty (30) days of receipt of same from TDS.
Rolling Hills Estates also shall provide to Rolling Hills and
Rancho Palos Verdes a monthly report indicating the share of the
prior month's revenues which is to be allocated to each City and
shall distribute such monthly revenue to each City.
2. PURPOSE. The purpose of this Agreement is for TDS to
process parking citations for Customer in a timely manner.
3. SCOPE OF SERVICES. When and as directed by Customer,
TDS shall perform the following services in processing all
parking citations:
A. Process all parking citations delivered to TDS by
Customer until such time as TDS is (1) notified of
their final disposition; or (2) thirty (30) months have
passed after their date of issuance.
B. Provide monthly reports to customer indicating the
status of all citations no later than the thirtieth
(30th) day of the following month.
C. Attempt to obtain names and addresses of registered
owners of cited vehicles by conducting a thorough
search of appropriate records for those citations that
have not been cleared prior to their delinquent date.
931022 R6876-00001 pjr 0691350 3 -
2
-
B-3
o. If no payment has been made and no administrative
review has been requested, print the required Notice of
Delinquent Parking Violation within fifteen {15) days
after the citation has been issued, mail the Notice of
Delinquent Parking Violation to each registered owner
whose name has been retrieved, provided however, in
processing any citation which was delinquent as of the
effective date of this Agreement, TDS shall have one
(1) month to mail the Notice of Delinquent Parking
Violation to the registered owner. These time periods
shall be extended whenever there is an unusual delay in
delivery of information or citations to TDS.
E. Transmit a Notice of Delinquency to the California
Department of Motor Vehicles ("OMV") for citations
issued in California to vehicles with California
license plates after a Notice of Delinquent Parking
Violation has been mailed to the registered owner and
TDS has not received notification that the citation has
been cleared. This Notice of Delinquency will be
transmitted to the California OMV within thirty (30)
days after the date specified by the Customer to be the
OMV Date.
F. Transmit Notice of Delinquency to the California OMV
that a Notice of Delinquency has been cleared within
thirty (30) days after TDS has received notification of
clearance.
931022 R6876-00001 pjr 0691350 3 -
3
-
B-4
G. Customer shall be responsible for delivering all
citations, payment information and records of
disposition to TDS' place of business, at the address
set forth in paragraph 19, by the United States mail or
other carrier messenger.
H. TDS will provide the following collection services for
customer:
* Provide a P.O. Box where payments are mailed;
* Courier pickup from P.O. Box daily;
* Open all mail;
* Verify payment amounts and record on computer
system;
* Return questionable mail to customer for decision;
* Make bank deposits to Customer's bank account;
* Verify amounts deposited, by citation Number;
* Provide a toll-free 800 number for citizen
inquiries; and
* Provide weekly reports for bank statement
reconciliation.
Except for those services specified in this paragraph,
TDS shall not be responsible for collecting or
receiving payments on citations issued by Customer.
I. TDS shall process citations issued for vehicles not
registered in California by entering the citation
information into the system database and reporting them
in the standard reports along with all other citations
entered on the database. If and when they become
9310'22 R6876-00001 pjr 0691350 3 -
4
-
B-5
-.
delinquent, requests for registered owner information
will be sent to the appropriate out-of-state department
of motor vehicles. At the same time, a Notice of
Intent will be generated to the registered owner
informing him or her that a request for registered
owner .information has been made with his or her state's
OMV, and the parking penalty amount will be requested.
Return payments will be made to the same address as all
other payments. All costs for this processing,
including out-of-state OMV charges, will be incurred by
TOS. TOS will receive from the customer thirty-five
percent (35%) of the revenues collected from out-of-
state citations after the Notice of Intent has been
issued. This amount will be billed monthly for the
prior month's receipts (as determined from the TOS
database and/or reports).
J. TOS shall process contested parking citations in a
manner that complies with state law, customer's parking
citation processing ordinance, and the following
procedures:
TOS will administer an administrative adjudication
process including the hearing and disposition of all
contested parking violations. In hearing contested
parking citations, TOS will abide by the provisions of
the Parking citation Administrative Adjudication
Manual, which has been approved by customer, and
Customer's parking citation processing ordinance. The
931022 R6876-00001 pjr 0691350 3 -
5
-
B-6
process will include the following scope of services
for each of the main activities:
Contesting a Citation:
By telephone -TDS will respond to questions on the 800
number regarding the contesting of parking citations by
explaining the new adjudication procedures provided in
AB 408. Contestants will be told that they must first
request an initial review either by mailing a letter
indicating their reasons for contesting the citation,
by telephoning Customer to request an initial review,
or by going to Customer and filing a "Request for
Administrative Review Form" to contest the citation.
Contesting by mail -TDS will open all mail received
and gather all requests to contest together for
customer. Only citations meeting the pre-defined date
criteria (postmarked within 21 days after issuance or
10 days after the mailing of the delinquent notice)
will be forwarded to the City which issued the citation
for an initial review. Those requests not meeting
these specific date criteria will receive a "Too Late
to Request an Administrative Review" letter. Each
citation sent to the City for review will have a
931022 R6876-00001 pjr 0691350 3 -
6
-
B-7
•
"Customer hold" placed on it so that no further
processing occurs during the contesting process.
contesting in parson -A "Request for Administrative
Review Form" will be available at each City's city hall
for contestants to fill out and submit to TDS by mail
or, if Customer desires, by the regularly scheduled
courier to Customer (if provided by TDS). TDS will
gather all requests for an initial review together for
each Customer. Only citations meeting the pre-defined
date criteria (postmarked within 21 days after issuance
or 10 days after the mailing of the Notice of
Delinquent Parking Violation) will be forwarded to
customer. Those requests not meeting these specific
date criteria will receive a "Too Late to Request an
Administrative Review" letter. Each citation sent to
the City for review will have a "Customer hold" placed
on it so that no further processing occurs during the
contesting process.
Botification to customer -Adlllinistrative Reviews -All
Correspondence regarding the contesting of citations
will be delivered to Customer in accordance with a
predetermined schedule approved by Customer and TDS.
Each City will perform its own initial review of
contested parking citations issued by that City. The
outcome of these administrative reviews will be
931022 R6876-00001 pjr 0691350 3 -
7
-
B-8
communicated to TDS on the "Administrative Review
Disposition Form". TDS will mail the "Result of
Administrative Review" letter to each contestant
informing them of the disposition of the initial
review. The letter also will indicate to the
contestant the right to further request an
administrative hearing, either in writing or in person,
by paying to TDS the full amount of the parking penalty
along with either a written statement from which to
adjudicate the contestant's claim or a request for a
hearing date. Each letter will include a non-postpaid
return envelope to encourage payment of the parking
penalty. Each contestant will have 15 days from the
date of the mailing of the "Result of Administrative
Review" letter to pay to TDS the full amount of the
parking penalty and request an administrative hearing.
The delinquent date for additional penalties will
coincide with this date.
Scheduling of Administrative Bearings -Parking
penalties received by mail with a request for a hearing
will be deposited into Customer's bank account
immediately like any other payment. Partial payments
will be treated as unusual and will be followed by the
sending of a Notice of Delinquent Payment requesting
payment in full. If a payment is received and it is
after the 15 day time period, the payments will be
931022 R6876-00001 pjr 0691350 3 -8 -
B-9
processed and the citations will be closed.
Contestants will be notified with the "Too Late to
Request an Administrative Hearing" letter if the
payment and request for administrative hearing is
received after the 15 day time limit.
Bearings In-Person -Contestants requesting a hearing
in-person will be notified of a hearing date and
location on the mailed "Hearing Date Notification"
letter. Hearings will be conducted in an area provided
by Customer. The area shall include a closed office
for the hearing with an adjacent lobby for cont~stants
waiting to be heard.
Bearings by Written Declaration -Written hearing
statements will be placed in the written declaration
file to be decided upon by the hearing examiner on a
pre-determined schedule, agreed upon by Customer and
TDS.
Adainistrative Bearings -Only those contestants who
have filed timely requests for a hearing and which are
then scheduled for a hearing by TDS will be heard by
the hearing examiner. The hearing examiner will make
all decisions based on the guidelines outlined in
Customer's Administrative Adjudication Manual.
931022 R6876-0000I pjr 0691350 3 -9 -
B-10
Decisions will be made after the hearing and
results mailed to the contestant in the "Result of
Administrative Hearing" letter. Contestants not
appearing at the scheduled date and location will have
their citation closed (as payment was already
received). Rescheduling of a hearing date will be
permitted only once per citation, provided that the
request for rescheduling is made either by phone or
mail at least one week prior to the scheduled
administrative hearing date.
Results of A4Jllinistrative Bearings -If a citation is
dismissed by the hearing examiner, TDS will prepare a
"Result of Administrative Hearing" letter to be sent to
the contestant. These letters will indicate the amount
of the refund and will be given to the appropriate City
so that the city may prepare a refund check for each
contestant. The City will then be responsible for
preparing and mailing the refunds with the letters to
each contestant.
If a citation is not dismissed by the hearing
examiner, TDS will prepare and send by mail a "Result
of Administrative Hearing" letter to the contestant.
This letter also will include any explanation desired
by Customer regarding the contestant's further
contesting rights.
9310'22 R6876-00001 pjr 0691350 3 -10 -
B-11
K. TDS shall prepare an audited report at the end of each
fiscal year pursuant to the requirements of Vehicle
Code Section 40200.3 or any successor statute.
L. For parking citations, TDS shall charge the parking
penalties and any related administrative fees pursuant
to customer's Parking Citation Penalty Schedule.
M. TDS shall itemize, pursuant to customer's Parking
citation Penalty Schedule, the parking citations
issued, the parking penalties collected per citation,
and the amounts or percentages of the parking penalties
which have been collected which are to be distributed
to Los Angeles County.
4. TERM. This Agreement shall be effective for a period
of one (1) year and will be extended automatically for additional
one-year periods, unless any party gives written notice to the
other parties of its intent to terminate the agreement, at least
sixty (60) days prior to commencement of the successive renewal
year.
5. CONSIDERATION. In consideration for services performed
by TDS as provided in this Agreement, Customer shall pay TDS the
following amounts for the services listed below:
Processing fee per Citation $1.10
Due to the fact that fees for processing services are
determined by unit and that there are certain fixed costs
required to perform these services, regardless of volume, the
minimum monthly invoice amount to customer, for all three Cities,
shall be $300.00.
931022 R6876-00001 pjr 0691350 3 -11 -
B-12
Pee per letter sent: $1.00
* Too late to Request Administrative Review
Letter
* Result of Administrative Review Letter
* Too Late to Request a Hearing Letter
* Hearing Date Notification Letter
* Result of Hearing Letter
Pee per each hearing conducted (written or
in-person) $10~00
If postal rates increase during the term of this
Agreement, the compensation per notice sent shall be raised
immediately to offset the effect of the postal rate increase.
If telecommunication rates increase during the term of
this Agreement, upon notice by TDS to customer of the amount of
any telecommunications cost increase, the compensation for
telecommunications costs shall be raised immediately to offset
the rate increase.
Commencing on December 1, 1994, and each successive
year that this Agreement continues in effect, the cost per item
set forth above may be adjusted as follows: The United States
Department of Labor's Bureau of Labor Statistics Consumer Price
Index for all Urban Consumers, Los Angeles-Long Beach-Anaheim,
California: ("Index") which is published on the date nearest the
date of each successive contract year {"Adjustment Index"), shall
be compared with the Index pµblished on the date nearest the date
of execution of this Agreement ("Beginning Index"). If the
Adjustment Index has increased over the Beginning Index, the
931022 R687(H)(J()()l pjr 0691350 3 -12 -
B-13
J •
amount payable by Customer during each subsequent shall be
determined by multiplying the processing fee set forth above by a
fraction, the numerator of which is the Adjustment Index and the
denominator of which is the Beginning Index. In no event shall
the fee charged to Customer be less than the amount set forth
above; and in no event shall the fee charged to Customer increase
more than ten percent (10%) per Agreement year.
6. PAYMENT OF FEES. Charges determined on the basis set
forth in Section 5 shall be billed on a monthly basis and payment
therefor shall be made within thirty (30) days after submission
of each separate invoice.
7. ACCOUNTING RECORDS. Records of the citations
processed by TDS shall be available for examination by customer
or its authorized representative(s) at a time agreeable to
customer and TDS within one week following a request by Customer
to examine such records. Failure by TDS to permit such
examination within one (1) week of a request shall permit
Customer to withhold all further payments until such examination
is completed, unless an extension of time for examination is
authorized by Customer in writing. In addition, TDS shall
prepare and provide to Customer the annual audited report
required by Customer's ordinance.
8. TIME OF PERFORMANCE. Time is of the essence, and
TDS shall perform the services required by this Agreement in an
expeditious and timely manner so as not to unreasonably delay the
purposes of this Agreement as set forth in Sections 2 and 3.
931022 R6876-0000I pjr 0691350 3 -13 -
B-14
9. INDEPENDENT CONTRACTOR. At all times during the term
of this Agreement, TDS shall be an independent contractor and
shall not be an employee of Customer. TDS shall comply with the
procedures established by customer in customer's ordinance, this
Agreement, and customer's Administrative Adjudication Manual;
however, Customer shall not have the right to control the means
by which TDS accomplishes the services rendered pursuant to this
Agreement.
10. FACILITIES AND EQUIPMENT. TDS shall at its own cost
and expense, provide all personnel, facilities and equipment
which may be required for performance of the services required by
this Agreement. Office space for hearings conducted by TDS
hearing examiners shall be provided by Customer at the following
location ---------------
11. INDEMNIFICATION BY TURBO DATA SYSTEMS, INC. TDS is
skilled in the professional calling necessary to perform the
services and duties agreed to be performed by TDS under this
Agreement, and Customer, not being skilled in such matters,
relies upon the skill and knowledge of TDS to perform said
services and duties in the most skillful manner. Therefore, TDS
agrees to indemnify, hold harmless and defend every officer,
employee, and representative of Customer, from any and all
liability or financial loss resulting from any suits, claims,
losses or actions brought by any person or persons including, but
not limited to, officers and employees of TDS and from all costs
and expenses of litigation brought against Customer, its officers
and employees arising directly or indirectly from any negligent
931022 R6876-00001 pjr 0691350 3 -14 -
B-15
.. .,.
or wrongful act or omission by TDS or any person employed by TDS
in the performance of this Agreement.
12. LIABILITY LIMITATION AND INDEMNIFICATION BY CUSTOMER.
TDS shall use due care in processing work of the Customer but TDS
shall be responsible only to the extent of correcting any errors
which are due to the equipment or personnel of TDS; such errors
shall be corrected by TDS at no additional charge to the
Customer. TDS shall not be responsible for Customer's losses and
expenses resulting from erroneous source materials or information
provided to TDS by Customer. Customer shall indemnify and hold
harmless TDS and its officers, directors, shareholders, employees
and representatives from any and all claims, demands, liability,
damages and judgments arising out of erroneous information
provided to TDS by Customer.
13. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In
the performance of this Agreement, TDS shall comply with all
applicable provisions of the California Fair Employment Practices
Act (California Labor Code Section 410 et seq.) and the
applicable equal employment provisions of the Civil Rights Act of
1964 (42 u.s.c. 200, 217), whichever is more restrictive.
14. AGENCY. Except as customer may specify in writing, TDS
shall have no authority, expressed or implied, to act on behalf
of the Customer in any capacity whatsoever as an agent. TDS
shall have no authority, expressed or implied, pursuant to this
Agreement to bind Customer to any obligation whatsoever.
931022 R6876-00001 pjr 0691350 3 -15 -
B-16
15. CHANGES IN LAW .. Should there be any changes in the law
applicable to the processing of parking citations which would
require material changes in the method of the processing as
contemplated in this Agreement, or materially reduce or eliminate
the amount of revenue received by customer from parking
citations, this Agreement shall terminate on the date such law
becomes effective, provided either party gives sixty (60) days
notice of termination in writing to the other party. Any changes
in the processing of parking violations as a result of a changes
in the law or OMV regulations affecting such violations, which do
not materially add to the cost of processing such citations by
TDS, shall be implemented by TDS at the request of Customer,
provided, however, that the cost of such implementation does not
exceed the fee paid to TDS for performing such services. If any
such change results in the cost of processing citations exceeding
the amounts provided for in Section 5 and the customer declines
to amend this Agreement to provide for the payment of such
increased costs, the Agreement shall terminate as of the
effective date of the change in the law or regulations, provided
either party gives sixty (60) days notice of termination in
writing to the other party.
16. OWNERSHIP. Customer acknowledges that the software and
software programs which were developed by TDS and used by
customer or used for customer's benefit in connection with this
Agreement are the sole property of TDS, and customer obtains no
right or interest in the software by virtue of this Agreement.
931022 R6876-00001 pjr 0691350 3 -16 -
B-17
.. ,,
17. FORCE MAJEURE. Neither party shall be responsible for
delays or failure in performance resulting from acts beyond the
control of such parties. such acts shall include, but are not
limited to, Acts of God, strikes, riots, acts of war, epidemics,
fire, communication line failure, earthquakes or other disasters.
18. TERMINATION. This Agreement may be terminated by any
party upon sixty (60) days written notice prior to the
commencement of any renewal year. However, if there is a
material breach of the terms of this Agreement by TDS, Customer
may cancel or terminate this Agreement at any time, provided that
customer has notified TDS in writing of the breach and has given
TDS thirty (30) days to cure said breach. If the breach is not
cured within the thirty-day period, the Agreement shall be
terminated as of the end of the thirty-day period.
19. NOTICE. Whenever it shall be necessary for either
party to serve notice on the other respecting this Agreement,
such notice shall be served by certified mail addressed to:
TDS:
CUSTOMER:
93111l2 R6876-00001 pjr 0691350 3
Turbo Data Systems, Inc.
14272 Franklin Avenue, Suite 100
TUstin, California 92680
Roberta J. Rosen, President
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, California 90274
City Manager
-17 -
B-18
unless and until different addresses may be furnished in writing
by either party to the other, and such notice shall be deemed to
have been served within seventy-two (72) hours after the same has
been deposited in the United States Post Office by certified
mail. This shall be valid and sufficient service of notice for
all purposes.
20. EXTENT OF AGREEMENT. This Agreement represents the
entire and integrated Agreement between the parties hereto and
supersedes any and all prior negotiations, representations or
Agreements, either written or oral. This Agreement may be
amended only by a written instrument signed by all the paries
hereto. This Agreement may only be assigned with the express
written consent of each of the parties hereto. In the event that
any provision hereof is deemed to be illegal or unenforceable,
such a determination shall not affect the validity or
enforceability of the remaining provisions hereof, all of which
shall remain in full force and effect.
21. LITIGATION COSTS. If any legal action or any other
proceeding is brought to enforce the terms of this Agreement,
because of an alleged dispute, breach, or misrepresentation in
connection with any of the provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to
recover their reasonable attorneys' fees and other costs incurred
in that action or proceeding, including the costs of appeal, in
addition to any other relief to which it or they may be entitled.
931022 R6876-00001 pjr 0691350 3 -18 -
B-19
22. INSURANCE. TDS shall procure and maintain during the
term of this Agreement the following insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of this Agreement by TDS,
its agents, representatives or employees:
A. Comprehensive General Liability $1,000,000 combined single
limit for each occurrence;
B. Workers' Compensation as required by the Labor Code
of California.
Executed as of the year and date first written above.
Dated: November 23, 1993 CITY OF ROLLING HILLS ESTATES
By: 13~~~
Mayor Pro Tem
Dated: November 23, 1993 CITY OF RANCHO PALOS VERDES
By: ~
Dated: November 23, 1993 CITY OF ROLLING HILLS
By: ~~di
Dated: 12/2, Lc.3 ' , TURBO DATA SYSTEMS, INC.
By:~~~b
Roberta J.~osen
~
President
931022 R6876-00001 pjr 0691350 3 -19 -
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ORDINANCE NO. 296
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING UNIFORM PARKING CITATION PROCESSING
PROCEDURES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE AND REPEALING ORDINANCE NO. 295 U.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. This Parking Citation Processing
Ordinance is adopted pursuant to Assembly Bill 408, approved and
filed with the Secretary of State on September 30, 1992, which
amends Sections 40200, 40200.3, 40200.4, 40200.5, 40200.7, 40202,
40203.5, 40204, 40205, 40206, 40206.5, 40207, 40209, 40210,
40211, 40215, 40220, 40221, 40224, and 40225 of the California
Vehicle Code, and which mandates the transfer of parking citation
processing functions from courts to cities between July 1, 1993
and January 1, 1994. Cities and/or their designated processing
and/or issuing agencies are required to establish an
administrative review procedure for those persons desiring to
contest parking citations. This Ordinance establishes such a
procedure.
SECTION 2. The Rancho Palos Verdes Municipal Code is
hereby amended by adding thereto a new Chapter 10.28 to Title 10
to read as follows:
PARKING CITATION PROCESSING
10.32.010 Title. This Chapter shall be known as the
Parking Citation Processing Ordinance of the City of Rancho Palos
Verdes.
10.32.020 Definitions. Except where the context
otherwise requires, the definitions provided in this Section
shall govern the construction of this Chapter.
A. "Agency" shall mean the "processing agency" as
defined below.
B. "City" shall at all times refer to the City of
Rancho Palos Verdes.
c. "Contestant" shall mean any "operator" or
"registered owner" as defined in this Section who contests a
parking citation.
D. "Department" shall mean the Department of Motor
Vehicles.
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E. "Hearing Examiner" shall mean any individual
selected by the City, or if the City elects to contract for
parking citation processing services, that individual selected by
the processing agency authorized to administratively adjudicate
parking citation contests.
F. "Issuing Agency" shall mean the City or its
authorized agent that issues parking citations.
G. "Issuing Officer" shall mean a peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3
of the California Penal Code, or the successor statutes thereto,
or any other person authorized by the City to issue a parking
citation.
H. "Operator" shall mean any individual driving and/or
in possession of a vehicle at the time a citation is issued or
the registered owner.
I. "Parking Citation" shall mean a notice that is
personally given or mailed to the operator, or attached to the
operator's vehicle, informing the operator of a parking,
equipment and/or other vehicle violation and the operator's right
to elect to pay the parking penalty for the violation or contest
the citation.
J. "Parking Penalty" includes, but is not limited to,
the parking penalty for the particular violation, as well as late
payment penalties, administrative fees, assessments, costs of
collection as provided by law, and other related fees.
K. "Processing Agency" shall mean the City or its
authorized agent that processes parking citations and issues
notices of delinquent parking violations on behalf of the City.
L. "Registered Owner" shall mean the individual or
entity whose name is recorded with the Department of Motor
Vehicles as having ownership of a particular vehicle.
M. "Vehicle" shall mean a vehicle as defined in the
California Vehicle Code.
N. "Violation" shall mean any parking, equipment or
other vehicle violation as established pursuant to state law or
local ordinance.
10.32.030 Authority to contract with outside Agencies.
The City may issue and/or process parking citations and notices
of delinquent parking violations, or it may enter into a contract
for that purpose with a private parking citation processing
agency, or with another city, county, or other public issuing or
processing agency.
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Any contract entered into pursuant to this Section
shall provide for monthly distribution of amounts collected
between the parties, except amounts payable to the County
pursuant to Chapter 12 (commencing with Section 76000) of Title 8
of the California Government Code, or the successor statutes
thereto, and amounts payable to the Department pursuant to
California Vehicle Code Section 4763 or the successor statute
thereto.
10.32.040 Authority to conduct Administrative Review
Process; ·Hearing Officer; Procedures. The processing agency may
review appeals or other objections to a parking citation pursuant
to the procedures set forth in this Section.
A. For a period of twenty one (21) days from the
issuance of the parking citation, or ten (10) days from the
mailing of the notice of delinquent parking citation, an operator
may request initial review by the processing agency. The request
for initial review may be made in writing, by telephone or in
person.
B. The initial review by the processing agency shall
consist of those procedures outlined in Subdivision 1 of
paragraph A of Section 28.04.130.
c. If the operator is dissatisfied with the results of
the initial review, the operator may contest the parking citation
or notice of delinquent parking violation through an admini-
strative hearing review process as outlined in Section 28.04.130.
In order to contest the parking citation, the
operator must deposit with the processing agency the full amount
of the parking penalty on or before the fifteenth (15th) day
following the mailing to that operator of the results of the
processing agency's initial review. At the same time, the
operator must provide a written explanation of the reason or
reasons for contesting the parking citation on a form provided by
the processing agency. If the operator is unable to deposit the
full amount of the parking penalty, the operator must provide
verifiable and substantial proof of an inability to deposit the
parking penalty. Upon presentation of such proof, the processing
agency shall proceed with the contest procedure despite the
operator's failure to deposit the full amount of the parking
penalty. If it is ultimately determined that the operator is not
liable for the parking violation, then the full amount of the
parking penalty deposited shall be refunded.
The contestant may contest the parking citation
either by written declaration, on forms provided by the
processing agency, or by personal appearance before a hearing
examiner.
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D. Notwithstanding the provisions of Paragraph C of
this Section, if the vehicle has been immobilized or impounded
for unpaid parking citations, the processing agency shall permit
the registered owner of the vehicle to contest the parking
citations upon which the seizure was based, without requiring a
deposit of the parking penalty, provided that the vehicle remains
under the control of the immobilizing or impounding agency.
E. The processing agency shall provide, through an
administrative policy, a procedure for contesting parking
citations and notices of delinquent parking violations.
10.32.0S0 Process by which Parking Citations Must Be
Issued. Parking citations shall be issued in accordance with the
following procedures:
A. If a vehicle is unattended at the time that the
parking citation is issued for a parking violation, the issuing
officer shall securely attach to the vehicle the parking citation
setting forth the violation, including reference to the section
of the California Vehicle Code, the City's Municipal Code, or
other parking regulation violated; the approximate time of the
violation; the location of the violation, and the date by which
the operator is to deposit the parking penalty or contest the
parking citation pursuant to Section 28.04.130. The citation
shall state the amount of the parking penalty and the address of
the agent authorized to receive deposit of the parking penalty.
The parking citation shall also set forth the vehicle
license number and registration expiration date, if such date is
visible; the last four digits of the vehicle identification
number, if that number is visible through the windshield; the
color of the vehicle; and, if discernable, the make of the
vehicle.
B. The parking citation, or copy thereof, shall be
considered a record kept in the ordinary course of business of
the issuing agency and the processing agency, and shall be prima
facie evidence of the facts contained therein.
c. Once the parking citation is prepared and attached
to the vehicle pursuant to Paragraph A above, the issuing officer
shall file notice of the parking violation with the processing
agency.
D. If during issuance of the parking citation, without
regard to whether the vehicle was initially attended or
unattended, the vehicle is driven away prior to attaching the
parking citation to the vehicle, the issuing officer shall file
the notice with the processing agency. The processing agency
shall mail, within fifteen (15) days of issuance of the parking
citation, a copy of the parking citation to the registered owner.
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E. If after a copy of the parking citation is attached
to the vehicle, or personally given to the operator, the issuing
agency or the issuing officer determines that the issuing officer
was in error in issuing the parking citation, the issuing officer
or the issuing agency may recommend, in writing, that the parking
citation be canceled. The recommendation shall state the reason
or reasons for cancellation and shall be filed with the
processing agency.
Under no circumstance shall a personal relationship
with any public official, officer, issuing officer, or law
enforcement agency be grounds for cancellation, and under no
circumstances shall payment be made to the issuing officer.
F. If a processing agency makes a finding that there
are grounds for cancellation as set forth in the City's
administrative policy, or pursuant to any other basis provided by
law, theri the finding or findings shall be filed with the
processing agency, and the parking citation shall be canceled
pursuant to Subdivision 1 of Paragraph A of section 28.04.130.
10.32.060 Parking Penalties.
A. Parking penalties shall be established by
resolution of the City Council.
B. All parking penalties received by the processing
agency shall accrue to the benefit of the City.
10.32.070 Parking Penalties Received by Date Pixed; Ho
contest; Request to contest. If payment of the parking penalty
is received by the processing agency and there is no contest by
the date.fixed on the parking citation, all proceedings as to
that parking citation shall terminate.
If the operator contests the parking citation, the
processing agency shall proceed in accordance with
Section 28.04.130.
· 10.32.080 Parking Penalties Hot Received by Date
Pixed. If payment of the parking penalty is not received by the
processing agency by the date fixed on the parking citation, the
processing agency shall deliver to the registered owner a notice
of delinquent parking violation pursuant to Section 28.04.090.
Delivery of a notice of delinquent parking violation
may be made by personal service or by first class mail addressed
to the registered owner of the vehicle as shown on the records of
the Department.
10.32.090 Notice of Delinquent Parking Violation;
contents. The notice of delinquent parking violation shall
contain the information required to be included in a parking
citation pursuant to Section 28.04.050. The notice of delinquent
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parking violation shall also contain a notice to the registered
owner that, unless the registered owner pays the parking penalty
or contests the citation within ten (10) days after mailing the
notice of delinquent parking violation or completes and files an
affidavit of nonliability that complies with Section 28.04.110 or
Section 28.04.120, the vehicle registration shall not be renewed
until the parking penalties have been paid. In addition, the I
notice of delinquent parking violation shall contain, or be
accompanied by, an affidavit of nonliability and information
concerning what constitutes nonliability, information as to the
effect of executing an affidavit, and instructions for returning
the affidavit to the issuing agency.
If the parking penalty is paid within ten (10) days
after the mailing of the notice of delinquent parking violation,
no late penalty or similar fee shall be charged to the operator.
10.32.100 copy of citation upon Request by Registered
owner.
A. Within fifteen (15) days of request, made by mail
or in person, the processing agency shall mail or otherwise
provide to the registered owner, or the registered owner's agent,
who has received a notice of delinquent parking violation, a copy
of the original parking citation. The issuing agency may charge
a fee sufficient to cover the actual cost of copying and/or
locating the original parking citation, not to exceed two ($2)
dollars. Until the issuing or processing agency complies with a
request to provide a copy of the parking citation, the processing
agency may not proceed to immobilize the vehicle in question
merely because the registered owner has received five or more
outstanding parking violations over a period of five or more
days.
B. If the description of the vehicle on the parking
citation does not substantially match the corresponding
information on the registration card for that vehicle the
processing agency shall, on written request of the operator,
cancel the notice of parking violation.
10.32.110 Affidavit of Nonliability; Leased or Rented
Vehicle. A registered owner shall be released from liability for
a parking citation if the registered owner files with the
processing agency an affidavit of nonliability in a form
satisfactory to the processing agency and such form is returned I
within thirty (30) days after the mailing of the notice of
delinquent parking violation together with proof of a written
lease or rental agreement between a bona fide rental or leasing
company and its customer which identifies the renter or lessee
and provides the operator's driver's license number, name and
address. The processing agency shall serve or mail to the renter
or lessee identified in the affidavit of nonliability a notice of
delinquent parking violation. The processing agency shall inform
the renter or lessee that he or she must pay the full amount of
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the fine, or provide notice to the processing agency that he or
she intends to contest the parking citation pursuant to
Section 28.04.130 within fifteen (15) days of the mailing of the
notice of delinquent parking violation. If the processing agency
does not receive payment of the parking citation or does not
receive notice of an intent to contest within fifteen (15) days,
the processing agency may proceed against the renter or lessee
pursuant to section 28.04.140.
10.32.120 Affidavit of Honliability; Sale. A
registered owner of a vehicle shall be released from liability
for a parking citation issued to that vehicle if the registered
owner served with a notice of delinquent parking violation files
with the processing agency, within thirty (30) days of receipt of
the notice of delinquent parking violation, an affidavit of
nonliability together with proof that the registered owner served
with a notice of delinquent parking violation has made a bona
fide sale or transfer of the vehicle and has delivered possession
thereof to the purchaser prior to the date of the alleged
violation. The processing agency shall obtain verification from
the Department that the former owner has complied with the
requirements necessary to release the former owner from liability
pursuant to California Vehicle Code Section 5602 or the successor
statute thereto.
If the registered owner has complied with California
Vehicle Code Section 5602, or the successor statute thereto, the
processing agency shall cancel the notice of delinquent parking
violation with respect to the registered owner.
If the registered owner has not complied with the
requirements necessary to release the owner from liability
pursuant to California Vehicle Code Section 5602, or the
successor statute thereto, the processing agency shall inform the
registered owner that the citation must be paid in full or
contested pursuant to Section 28.04.130. If the registered owner
does not comply, the processing agency shall proceed pursuant to
Section 28.04.140.
10.32.130 contesting Parking Citation; Procedure.
A. If an operator or registered owner contests a
parking citation or a notice of delinquent parking violation, the
processing agency shall do all of the following:
1. First, either investigate with its own records
and staff or request that the issuing agency investigate the
circumstances of the citation with respect to the contestant's
written explanation of the reason or reasons for contesting the
parking citation.
If, based on the results of that
investigation, the processing agency is satisfied that the
violation did not occur, or the registered owner was not
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responsible for the violation by virtue of having sold, rented or
leased the vehicle, or because legally supportable or mitigating
circumstances as set forth in the City's administrative policy
warrant a dismissal, the processing agency shall cancel the
parking citation, and make an adequate record of the reason or
reasons for canceling the parking citation. The processing
agency shall mail the results of the investigation by first class
mail to the contestant within ten (10) days of the decision.
2. If the contestant is not satisfied with the
results of the investigation provided for in Subdivision 1, the
contestant may, within fifteen (15) days of the mailing of the
results of the initial investigation, deposit the amount of the
parking penalty or provide proof of an inability to deposit the
parking penalty, and request an administrative hearing.
3. If the contestant prevails at the
administrative hearing, then the full amount of the parking
penalty deposited shall be refunded.
B. The administrative hearing procedure shall consist
of the following:
1. The contestant shall make a written request
for administrative hearing on a form and in a manner satisfactory
to the processing agency, and may request to contest the parking
citation either in person or by written declaration.
2. If the contestant is a minor, that person
shall be permitted to appear at a hearing or admit responsibility
for a parking citation without the necessity of the appointment
of a guardian. The processing agency may proceed against the
minor in the same manner as if the minor were an adult.
3. The administrative hearing shall be conducted
before an examiner designated to conduct the hearing by the City
Council or by the processing agency.
c. The issuing officer shall not be required to
participate in an administrative hearing. The issuing agency
shall not be required to produce any evidence other than the
parking citation or copy thereof, and information received from
the Department identifying the registered owner of the vehicle.
This documentation in proper form shall be
considered prima facie evidence of the violation.
D. The processing agency's final decision shall be in
writing and delivered personally to the contestant or the
contestant's agent, or delivered by first class mail within ten
(10) working days following the hearing.
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E. If the contestant is not the registered owner of
the vehicle, all notices to the contestant required under this
Section shall also be given to the registered owner by first
class mail.
10.32.140 Collection of Unpaid Parking Penalties.
Except as otherwise provided below, the processing agency shall
proceed under Paragraph A or Paragraph B, but not both, in order
to collect an unpaid parking penalty:
A. File an itemization of unpaid parking penalties and
other related fees with the Department for collection pursuant to
the California Vehicle Code Section 4760 or the successor statute
thereto.
B. If more than four hundred ($400) dollars in unpaid
parking penalties and other related fees have been accrued by any
one registered owner or the registered owner's renter, lessee or
sales transferee, proof thereof may be filed with the court which
has the same effect as a civil judgment. Execution may be levied
and such other measures may be taken for the collection of the
judgment as are authorized for the collection of unpaid civil
judgments entered against a defendant in an action against a
debtor.
The processing agency shall send notice by first-
class mail to the registered owner or renter, lessee, or sales
transferee indicating that a civil judgment has been filed and
the date that the judgment shall become effective. The notice
shall also indicate the time: that execution may be levied
against that person's assets, that liens may be placed against
that person's property, that the person's wages may be garnished,
and that other steps may be taken to satisfy the judgment. The
notice shall also state that the processing agency will terminate
the commencement of a civil judgment proceeding if all parking
penalties and other related fees are paid prior to the date set
for hearing. If judgment is entered, then the City may file a
writ of execution or an abstract with the court clerk's office
identifying the means by which the civil judgment is to be
satisfied.
If a judgment is rendered for the processing
agency, that agency may contract with a collection agency
licensed pursuant to Chapter 8 (commencing with Section 6850) of
Division 3 of the California Business and Professions Code, or
the successor statutes thereto, to collect the judgment.
The processing agency shall pay the established
first paper civil filing fee at the time an entry of civil
judgment is requested.
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c. If the registration of the vehicle has not been
renewed for (60) days beyond the renewal date, and the citation
has not been collected by the Department pursuant to the
California Vehicle Code Section 4760, or the successor statute
thereto, then the processing agency may file proof of unpaid
penalties and fees with the court which has the same effect as a
civil judgment as provided above in Paragraph B.
D. The processing agency shall not file a civil
judgment with the court relating to a parking citation filed with
the Department unless the processing agency has determined that
the registration of the vehicle has not been renewed for sixty
(60) days beyond the renewal date and the citation has not been
collected by the Department pursuant to the California Vehicle
Code Section 4760 or the successor statute thereto.
10.32.150 Obligation of Processing Agency once Parking
Penalty Paid.
A. If the operator or registered owner served with
notice of delinquent parking violation, or any other person who
presents the parking citation or notice of delinquent parking
violation, deposits the penalty with the person authorized to
receive it, the processing agency shall do both of the following:
1. Upon request, provide the operator, registered
owner, or the registered owner's agent with a copy of the
citation information presented in the notice of delinquent
parking violation. The processing agency shall, in turn, obtain
and record in its records the name, address and driver's license
number of the person actually given the copy of the citation
information.
2. Determine whether the notice of delinquent
parking violation has been filed with Department or a civil
judgment has been entered pursuant to Section 28.04.140.
B. If the processing agency receives full payment of
all parking penalties and other related fees and the processing
agency has neither filed a notice of delinquent parking violation
nor entered a civil judgment, then all proceedings for that
citation shall cease.
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c. If the notice of delinquent parking violation has
been filed with the Department and has been returned by the I
Department pursuant to the provisions of the California Vehicle
Code and payment of the parking penalty has been made, along with
any other related fees, then the proceedings for that citation
shall cease.
D. If the notice of delinquent parking violation has
been filed with the Department and has not been returned by the
Department, and payment of the parking penalty along with any
other fees applied by either the Department or the processing
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agency or both have been made, the processing agency shall do all
of the following:
1. Deliver a certificate of payment to the
operator, or other person making payment,
2. Within five (5) working days transmit payment
information to the Department in the manner prescribed by the
Department,
3. Terminate proceedings on the notice of
delinquent parking violation,
4. Deposit all parking penalties and other fees
as required by law.
10.32.160 Deposit of Parking Penalties with the city.
All parking penalties collected, including process service fees
and costs related to civil debt collection, shall be deposited to
the account of the processing agency, and then remitted to the
City, if the city is not also the processing agency.
If the City is not the processing agency, then the
City shall enter into an agreement with the processing agency for
periodic transfer of parking citation receipts, along with a
report setting forth the number of cases processed and the sums
received.
10.32.170 Filing of Annual Reports. The processing
agency shall prepare an audited report at the end of each fiscal
year setting forth the number of cases processed, and all sums
received and distributed, together with any other information
that may be specified by the City or its authorized issuing
agency ·or the state Controller. The report is a public record
and shall be delivered to the City and its authorized issuing
agency.
SECTION 3 savings Clause. If any section, subsection,
part, paragraph, clause, sentence or phrase of this Ordinance or
the application thereof is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, the validity of the remaining portions of the
Ordinance and the application thereof shall not be affected, and
the Ordinance shall remain in full force and effect, it being the
intention of the city Council to adopt each and every section,
subsection, part, paragraph, clause, sentence or phrase
regardless of whether any other section, subsection,
part,paragraph, clause, sentence or phrase or the application
thereof is held to be invalid or unconstitutional.
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SECTION 4. Repeal of Ordinance Ho. 295 u. Ordinance
No. 295 U is hereby repealed.
PASSED, APPROVED AND ADOPTED this 21 day of
December, 1993.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify that the whole number of members of the
City Council of said city is five; that the foregoing ordinance,
being Ordinance No. 296, passed first reading on December 7,
1993, was duly and regularly adopted by the City Council of said
City at a regular meeting held on December 21, 1993; and that the
same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BYRD, McTAGGART, LYON, BROOKS, AND MAYOR
KUYKENDALL
NONE
NONE
NONE
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CITY PALOS VERDES
ORD. NO. 296
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ORD. NO. 296 RANCHO PALOS VERDES
STATE. OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and
says:
That at all times hereiri mentioned, she was and now is
the appointed City Clerk of the City of Rancho Palos Verdes;
That on 12/23/93 , she caused to be
posted the following document entitled:
ESTABLISHING UNIFORM PARKING CITATION PROCESSING PROCEDURES,
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND REPEALING
ORDINANCE NO. 295U. .
a copy of which is attached hereto, in the following
locations:
City Hall
30940 Hawthorne Blvd.
Rancho Palos Verdes
u. s. Post Office
28649 s. Western Ave.
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of
true and correct affidavit
Los Angeles County Fire Station
Miraleste Station
4000 Miraleste Plaza
Rancho Palos Verdes
Ladera Linda Community Center
32201 Forrestal Drive
Rancho Palos Verdes
Rancho Palos Verdes Park
30359 Hawthorne Blvd.,
Rancho Palos Verdes
30940 HAWTHORNE BOULEVARD / RANOiO PALOS VERDES. CA 90274-5391 I (213) 377-0360