Parking Management Bureau
One University Circle │ Turlock CA, 95382
2022
PMB Pricing & Agreement
PREPARED FOR: CITY OF SALINAS
Quote Expires: March 31, 2022
Parking Management Bureau
One University Circle │ Turlock CA, 95382
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Exhibit A QUOTE
Prepared for: City of Salinas
200 Lincoln Ave.
Salinas, CA 93901
DATE: JANUARY 27, 2022
INVOICE # 151204
EXPIRATION DATE March 31, 2022
Processing of Parking Citations (Annual Fee)
QTY DESCRIPTION PRICE DISCOUNT LINE TOTAL
1 Initial Integration (One Time Set-Up Fee) $7,500 $2,500 $5,000 11 Mobile handheld printers (Additional Units $400)
(6-Salinas Police; 5-City of Salinas) $4,400 $4,400 $0 1 Mobile Application Annual License $250 $0 $250 1 Data & User Access Annual Subscription $1,200 $0 $1,200 1 Weather Resistant Thermal Paper Citation Roll (Box of 5,000) $750 $750 $0 1 Installation and Training (One Time Set-Up Fee) $2,800 $2,800 $0 1 Technical Support Call Center $1,200 $1,200 $0
1 Banking Account Setup (One Time Set-Up Fee) $500 $500 $0 1 Refunds and NSF's service $500 $500 $0
~ Report and Design Fee (per hour) $125 ~ ~
~ Electronic Written Citation (per Citation Written) $2.00 ~ ~ ~ Electronic Hand Written Citation (per Hand Citation Written) $4.00 ~ ~
Year 1 Total Discount $12,650
Year 1 Initial Integration Total $5,000
Year 1 Total $1,450 *
Year 2 Total $1,450 **
Year 3 Total $1,450 **
* Internet convenience fee, second level violation fee, and third level violation fee are not included in quote, read Service Agreement for detail pricing. **Fees will be deducted from the AGENCY’s monthly revenue. Mobile Application annual License and Data & User Access Annual Subscription will be divided among the City of Salinas’ parking accounts.
Migration fee not included in this quote. Migration fee may vary depending upon data available by former parking citation processor.
To accept this quotation, sign here and return:
Print Name: Date:
Parking Management Bureau
One University Circle │ Turlock CA, 95382
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Exhibit B QUOTE
Prepared for: City of Salinas
3041 W Ave K
Lancaster, CA 93536
DATE: JANUARY 27, 2022
QUOTE # 151205
EXPIRATION DATE March 31, 2022
Processing of Online Parking Permit Sales and Distribution (Annual Fee)
QTY DESCRIPTION UNIT PRICE DISCOUNT LINE TOTAL
1 Initial Integration (One Time Set-Up Fee) $7,500 $7,500 $0 1 Data & User Access Annual Subscription $1,200 $0 $1,200 ~ Storefront Transaction (per Transaction Processed) $3.00 ~ ~ ~ Postage Rate (per Transaction Processed) $.53* ~ ~
~ Internet Convenience Fee (per Transaction Processed) (permit customer will be charged for the internet convenience fee) 3% ~ ~ Year 1 Total Discount $7,500
Year 1 Total $1,200*
Year 2 Total $1,200*
Year 3 Total $1,200*
* Postage price determined by USPS and may change without notice.
Fees will be deducted from the AGENCY’s monthly revenue.
AGENCY is responsible for providing parking permits to Parking Management Bureau 90 days prior to the permit sales start date.
To accept this quotation, sign here and return:
Print Name: Date:
Parking Management Bureau
One University Circle │ Turlock CA, 95382
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AGENCY Agreement for
Processing of Parking Citations
This AGENCY Agreement for Processing of Parking Citations is made and entered on the date this Agreement is fully executed by authorized officers of the City of Salinas hereinafter called “AGENCY”, located at 200 Lincoln Ave Salinas, CA 93901 , and the California State University, Stanislaus Parking Management Bureau, hereinafter called “ PMB”, a California public educational entity located at One University Circle, Turlock, California and organized and existing under the laws of the State of California.
Recitals
WHEREAS, the California Education Code Section 89036 authorizes trustees to enter into agreements with any public or private agency, officer, person, or institution, corporation, association, or foundation for the performance of acts or for the furnishing of services, facilities, materials, goods, supplies, or equipment by or for the trustees or for the joint performance of an act or function or the joint furnishing of services and facilities by the trustees and the other party to the agreement; and
WHEREAS, the California Education Code Section 89701 authorizes trustees to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) or by lease or other means, real property and to construct, operate, and maintain motor vehicle parki ng facilities and other transportation facilities thereon for state university officers, employees, students, or other persons.; and
WHEREAS, California Vehicle Code Section 40200 allows agencies to issue citations and to contract for the processing of notices of parking violations and notices of delinquent parking violations, and
WHEREAS, AGENCY desires to contract with PMB for parking citation processing services.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties do hereby agree as follows:
Parking Management Bureau
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Service Agreement
This Agreement shall have a term of three (3) years (“Initial Term”) commencing on the date this Agreement is fully executed by authorized offices of PMB and AGENCY. At the expiration of the Initial Term, the AGENCY may be renewed for three (3) additional years (“Extended Term”) unless terminated by either party by written notice to the other party at least ninety (90) days prior to the end of the term anniversary. If the Agreement is terminated at the end of the anniversary term upon the mutual written consent of the parties, AGENCY agrees to pay for all parking citations processed by PMB up to the date of termination in accordance with the processing fees in effect during the term of this Agreeme nt. Either party may terminate this Agreement in its sole discretion only upon ninety (90) days prior written notice to the other party. In no event shall termination by either party relieve the other party of obligations already incurred.
1) Information
PMB has made every effort to insure that all relevant information received by AGENCY pertaining to requested implementation services has been included in the quotation. Please check this quotation carefully. Our goal is to provide the most accurate information possible.
PMB reserves the right to increase the Processing of Parking Citations Fee by five percent (5%) annually with written notice to the AGENCY prior to the increase.
PMB e-business pricing represents the basic solution. Additional charges may apply if the work requested does not fit within the basic solution. The credit card processing and payment gateways will be handled by PMB. The AGENCY will provide any requirements and/or information needed to setup the e-business site.
2) Payments & Fees
PMB performs monthly billing via direct ACH debit of AGENCY accounts for services and products offered under this proposal.
The AGENCY’s funds will be received by PMB and deposited into a dedicated account specific to the AGENCY. The AGENCY will not receive interest on this account. PMB will distribute AGENCY funds on a monthly basis consistent with this agreement. The AGENCY will receive an itemized monthly financial statement from PMB.
The AGENCY is recommended to enroll in the electronic fund transfer (EFT) for parking citation revenue upon commencement of this Agreement. For invoices paid via alternative methods , PMB may apply an additional 3% billing service charge.
PMB shall provide an electronic fund transfer to the designated AGENCY’s account on a monthly basis and provide a report of payments and applicable fees.
a) 1st Level
AGENCY shall compensate PMB the rate of two dollars ($2.00) for each citation issued per month. b) 2nd Level
AGENCY shall compensate PMB the rate of seven dollars ($7.00) for each citation paid at this level. When a citation is paid fourteen (14) days after the date of the notice of delinquent parking, the rate agreed upon of the bail, in addition to the initial agreed upon 1st level citation rate, shall be retained by PMB per citation collected.
c) 3rd Level
AGENCY shall compensate PMB the rate of fifteen dollars ($15.00) for each citation paid at this level. The AGENCY shall pay the DMV Administrative Service fee for each citation placed on a DMV vehicle registration hold (subject to incre ase by DMV). When a citation is paid at the DMV hold level the rate agreed upon of the bail, in addition to the initial agreed upon 1 st level citation rate, shall be retained by PMB per citation collected.
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d) Final Level - Collections
AGENCY shall compensate PMB the rate of thirty-five percent (35%) for each citation paid per month at this level.
e) Handwritten Citation
AGENCY shall compensate PMB the rate of four dollars ($4.00) for each handwritten citation issued per month.
f) Internet Convenience Fee
The user making a payment for parking citations(s) shall pay the rate of two point seventy -five percent (2.75%) convenience fee for each parking citation transaction processed online.
Permit Sales & Distribution:
a) Integration
AGENCY shall compensate PMB at the rate agreed upon for the initial integration needed in order for the online permit software to work accurately.
b) Subscription
AGENCY shall compensate PMB the rate agreed upon per month for the permit sales service subscription fee.
c) Storefront Transaction
I. AGENCY shall compensate PMB the rate agreed upon for each online parking permit storefront transaction.
II. PMB will be responsible in processing the transaction orders and mail the parking permits.
III. AGENCY is responsible for providing parking permits to Parking Management Bureau ninety (90) days prior to the permit sales start date.
IV. PMB shall be responsible for the distribution of the AGENCY’s parking permits that are purchased online through the PMB website.
d) Internet Convenience Fee and Electronic Check Option PMB shall be compensated the convenience fee for each parking permit sales transaction processed online per month.
AGENCY agrees to one of the following options:
x 1: AGENCY agrees to only subscribe to the annual permit module.
The PERMIT CUSTOMER or AGENCY shall compensate PMB the internet convenience fee of two point seventy-five percent (3%) for each online transaction.
2: AGENCY agrees to only subscribe to the daily parking permit module.
The PERMIT CUSTOMER shall compensate PMB the internet convenience fee of two point seventy-five percent (2.75%) for each online transaction. In addition, the CUSTOMER is responsible for the convenience fee of twenty-five cents ($0.25) per daily permit transaction. The AGENCY’s fee amount will be deducted from the monthly statement by PMB.
3: AGENCY agrees to subscribe to both, annual/semester permit and the daily permit module.
The AGENCY shall compensate PMB the internet convenience fee of two point seventy-five percent (2.75%) for each online transaction. In addition, the PERMIT CUSTOMER is responsible for the convenience fee of twenty-five cents ($0.25) per daily permit transaction. The AGENCY’s fee amount will be deducted from the monthly statement by PMB.
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e) Non-Sufficient Funds (NSFs) and Disputed Credit Card Charges PMB will notify the AGENCY of any non -sufficient funds (NSFs) and disputed credit card charges. PMB reserves the right to invalidate a customer’s mycampuspermit.com account at any time for disputed credit card charges or NSFs. Any NSFs, disputed charge reversals or fees associated with NSFs or disputed charge reversals for parking permits will be deducted from the AGENCY’s monthly statement. For parking citation NSFs or disputed charge reversals, PMB will apply a NSF fee to the citation charge and notify the citation recipient of the NSF and NSF fee.
f) Report and Design
AGENCY shall pay the rate of seventy-five dollars ($75.00) per hour when a custom application design or report is created for the AGENCY. The AGENCY shall compensate PMB for the length of time it takes to create the full design or report.
g) Postage
AGENCY shall compensate PMB the rate of postage for each paid transaction (mailed envelope) with the AGENCY’s parking permit, in addition to the storefront transaction fee. Postage price may change without notice.
3) Professional Services
Each party shall designate a Project Manager who shall work together to facilitate an efficient delivery of the project deliverables. The PMB Project Manager will be responsible for project planning, scheduling, and issue/risk resolution.
This quote outlines the deliverables to be completed for the successful project implementation. Anything not addressed in this quote is considered to be out of scope, and therefore not included. Change requests to the Quote must be submitted in writing to the PMB Project Manager.
PMB project methodology includes numerous items that are dependent upon the AGENCY meeting certain obligations. Failure to meet those obligations may result in a delay to the project and/or additional fees.
At the conclusion of each deliverable, the AGENCY’s Project Manager will be requested to provide an acceptance signature on the PMB Project Deliverable Acceptance form.
AGENCY may request changes to the planned deliverables. Change request(s) may result in a change to the price, schedule and other terms and conditions contained herein. Any changes, including, but not limited to, changes in the deliverables and dates of delivery, will be initiated through a PMB change request process and will be in writing.
When a project does not stay on the agreed upon schedule because the AGENCY did not meet their deliverables, or if the AGENCY requests a new date after a committed date has been scheduled, the AGENCY will be responsible for: Acceleration of payment for all Professional Services completed to date (i.e., project costs, E -Business, interfaces, etc.) The acceleration of payment amount is presented in Exhibit(s).
4) Maintenance and Support
A toll free phone number is provided for assistance for persons receiving a parking citation.
A toll free number and e-mail is provided for technical support to assist you with your PMB questions. Hardware maintenance and support is provided at no additional cost. Toll Free Number: 1-800-700-4417
Technical Support Email: [email protected]
5) Subscription Terms Included
Updates to the AGENCY’s webpage specific look and feel (three updates per year).
Correction of defects found within the application. This includes defects discovered in standard functionality and custom functionality specific to each AGENCY.
Parking Management Bureau
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Ability to seamlessly add new solutions to existing AGENCY’s solutions (new solutions must be purchased).
6) Integration
Duties of PMB:
Parking Citation
a) Responsible for forwarding outstanding parking citation information to a collections agency for citations that have been outstanding for at lea st three calendar years and up to five calendar years. PMB will itemize revenue received on the AGENCY’s monthly financial statement. b) Data entered from parking citations in the format and within the time required as specified by the Department of Motor Vehicles for registered owner identification. c) Meet the statutory time lines for issuing a notice of delinquent parking to the violator for all unpaid citations.
Permit Sales
a) PMB shall be responsible for the distribution of the AGENCY’s parking permits that are purchased online through the PMB website.
b) PMB shall process the permit sales order and mail out the order in a timely manner.
Duties of the AGENCY:
Parking Citation
a) Thoroughly and accurately enter vehicle and violation information into the mobile citation writer. Using PMB issued citation writers with integrated cameras, they shall take a minimum of two pictures and a maximum of six pictures; one picture showing the vehicles license plate and a second picture clearly showing the nature of the violation . Pictures taken will be available to PMB, AGENCY, and the citation recipient online.
b) Only the parking ticket shall be placed on the violator’s vehicle. No other attachments or materials, such as envelopes, informational flyers, etc., will be placed along with the ticket. c) AGENCY shall be responsible in uploading all citations containing violator information and pictures to the PMB citation database within twenty -four hours of issuance and at regular intervals throughout enforcement shifts. Failure to do so may affect parking revenue as ticket recipients will not have the ability to pay citation online.
d) Upon receipt of the Administrative Review, AGENCY shall make a determination within twenty -one (21) days and send a response to the violator. Failure to do so will result in an automatic dismissal of the citation and automatic notification to the violator that the ticket has been dismissed. Valid determinations must include a thorough explanation to the violator as to why the ticket was determined to be valid, per California law. Thorough explanations may reduce the amount of Administrative Hearing requests received.
e) Handwritten parking citations shall indicate PMB as the processing agency and shall be mailed to PMB within seven (7) days of issuance for entry into the PMB database. f) Provide an Administrative Hearing Officer to respond to parking violators requesting the second level appeal. The respondent and PMB shall be advised of the Hearing Officers findings in a timely manner.
Permit Sales
a) The AGENCY shall be responsible for the retrieval of statistical reports which can be generated from the PMB database.
b) AGENCY shall maintain and update their parking permit store, by continually maintaining the following store settings:
Parking Management Bureau
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I. Permit Notes
II. Permit Information
III. Permit Description
c) AGENCY shall notify PMB by email of any permits reported lost or stolen to the AGENCY within two days of the report.
d) AGENCY shall notify PMB by email of any permits returned to the AGENCY within two days of the report. e) AGENCY shall be responsible in providing the parking permit artwork to PMB 90 days prior to the permit sales start date.
AGENCY shall notify PMB by email of any permit pricing changes or proration ten (10) days prior to the PMB shall provide the following to the AGENCY:
Parking Citation
a) Accept and process AGENCY parking citations in accordance with the laws of the State of California and the AGENCY designated County.
b) A method for receiving and controlling copies of citations issued by the AGENCY. c) A method for processing, collecting, and controlling fines and fees paid at any stage of the citation process, including, but not limited to, accounting and auditing procedures. d) Process citation refunds when requested by the violator for overpayments or paid/dismissed citations.
PMB shall process non-sufficient funds returned checks.
Permit Sales
a) PMB shall provide a secure web site ( www.mycampuspermit.com) for parking permits purchases including, but not limited to, accounting and auditing procedures. b) PMB shall provide initial training to access the parking permit storefront and the retrieval of reports as required by AGENCY.
c) PMB shall be responsible for the distribution of the AGENCY’s parking permits that are purchased online through the PMB website.
AGENCY shall provide the following to PMB:
Parking Citation
a) Establish an electronic citation writing program utilizing only the equipment and supplies provided by PMB upon the effective date of this Agreement.
b) Establish a three-tiered parking citation fee structure for each type of violation.
IV. First Level - An initial violation fee
V. Second Level - A delinquent fee
VI. Third Level - A second delinquent fee for when the citations vehicle is placed on a registration hold with the Department of Motor Vehicles. The second and third level may be the same if desired.
c) Establish a list of enforcement locations (parking lot locations). d) Establish a list of enforcement officers that will be utilizing the PMB mobile device.
I. Full Name
II. Call Sign Number/Badge Number (must be unique with no letters) e) Establish a list of violation names and codes.
I. Violation Code
II. Violation Name
f) Establish a minimum of two hearing officers responsible for administering first level disputes. g) Establish a hearing officer responsible for administering second level disputes. h) Provide a file containing the AGENCIES preferred artwork/design, which will be printed in the AGENCIES customized ticket rolls.
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i) Provide a list of users who will be accessing the parking citation database. j) Provide information needed for county remittance
k) Provide DMV requester code. If the AGENCY does not have a requestor DMV requestor code, it is the responsibility of the AGENCY to apply for one. The AGENCY is not allowed to process parking ticket using the PMB equipment without a DMV requestor code.
l) Provide a list of users who will be accessing the parking citations database.
Permit Sales
a) AGENCY shall give a list of residential addresses that qualify for a parking permit b) AGENCY shall provide parking permits to PMB ninety (90) days prior to parking permit sales start date. c) AGENCY shall provide a list of users who will be accessing the permit sales database.
7) Software
During the term of this Agreement, PMB grants to the AGENCY a non-exclusive right to access the PMB Online Software for its Authorized Users . PMB grants the Subscription for the Authorized Purposes and no other purposes. PMB has the right to monitor the database for safety and security of the systems. The AGENCY may add Authorized Users by notifying in writing the PMB Lead Administrator. AGENCY shall be responsible for retrieving of statistical reports which can be generated from the PMB software databases.
AGENCY shall be responsible for applicable monthly data plan fees associated with each handheld device used.
Current rates per the quotation are subject to change at any time based on the data provider. PMB will notify the AGENCY of any rate increases as they occur. PMB will pay upfront for the data plans and recoup the charges by deducting the amount from the monthly financial statement.
PMB shall provide software maintenance/updates on all equipment provided by PMB. Except where required by law to disclose information related under this agreement, each party acknowledges that all information and trade secrets relating to any of the other party’s products and the services hereunder, including, without limitation, pricing, software, business and c ost savings measures, is the confidential and proprietary information of such other party (“Confidential Information”). Except as required by law, neither party shall disclose any Confidential Information of the other party to any third party or use it fo r its own benefit or the benefit of a third party, and each party shall take all commercially reasonable measures to protect the confidentiality of Confidential Information of the other party and prevent its disclosure to others.
Parking Management Bureau
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AGENCY shall not:
a) Reverse engineer, decompile, or otherwise attempt to gain access to the source code for the software used to operate the PMB software and services or handheld citation writers, or create derivative works based on PMB software,
b) Copy, frame or mirror any feature, function, part, graphic or content of PMB software, or c) Access PMB software in order to build a competitive product or service.
8) Equipment
PMB will assess and determine how many citation writers and printers are necessary to maintain parking enforcement operations for the AGENCY. This assessment is based on tickets issued annually and the amount of enforcement staff for the AGENCY. PMB will provide and maintain the following equipment necessary for the implementation and administration of the parking enforcement program for AGENCY at no cost. a) Handheld citation printers
b) Weather proof citation rolls
c) Kiosk for public access/use to pay or dispute parking violations online (optional) This equipment will remain the property of the PMB. PMB shall not be responsi ble for the replacement of equipment lost or damaged by the AGENCY due to abuse, neglect or use during inclement weather.
Additional citation writers, printers and/or accessories may be requested by AGENCY for additional costs. If such requests are outsid e the scope of the amount determined by PMB’s assessment, AGENCY has the option to purchase additional citation writers, printers and accessories from PMB. The price for the additional purchase shall be reflected in a separate quotation. The additional eq uipment, if purchased by AGENCY, shall be the property of AGENCY.
If loss or damage to PMB equipment occur, the AGENCY should notify PMB of the incident immediately. If any of the PMB equipment is damage or lost by the AGENCY, PMB may charge for the repair or replacement of the item.
The severity of damage and associated fees will be determined by PMB.
9) Hardware
AGENCY shall be responsible for the proper care, use, storage, and safeguarding of equipment that is the property of PMB. PMB will provide AGENCY t he equipment guidelines and specifications for maintenance care.
Malfunctions shall be immediately reported to PMB. PMB shall not be responsible for the replacement of equipment lost or damaged by the AGENCY due to abuse, neglect or use during inclement weather.
10) Password and Security
PMB will control the issuance of passwords and user IDs for the use of the application by AGENCY's Authorized Users. AGENCY shall be responsible for the confidentiality of all passwords. AGENCY acknowledges that it will be responsible for all liabilities incurred through use of any password assigned to AGENCY, and that any transactions under AGENCY's password will be deemed to have been performed by AGENCY.
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11) Hosting Services & Performance
PMB will provide AGENCY access to t he web -based application via the Hosting Services and Hosting System.
AGENCY may access the application online from any device connected to any online service provider. PMB shall undertake reasonable efforts to provide AGENCY with consistent service in a shared hardware environment. a) Sufficient to access the application on PMB Server through the Internet twenty -four (24) hours per day, seven (7) days per week, except for internet interruptions, outages, and routine maintenance performed pursuant to notice to AGENCY. PMB shall monitor its Application Server and undertake reasonable efforts to restore promptly all failures of service, excluding failures not caused by PMB, at no additional charge to AGENCY.
PMB shall provide a web site for the online payment of parking violations. The PMB web site shall provide Administrative Review information and resources for contesting parking violations.
Although PMB will take reasona ble steps to provide error -free, continuous hosting services, PMB does not represent, warrant, or guarantee that the hosting services will be interrupted or error-free. As a result, the hosting services are provided “As Is” without warranty of any kind.
PMB shall maintain any and all documents and records demonstrating or relating to PMB's perfor mance of services pursuant to this Agreement. PMB shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to AGENCY pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles. Any and all such documents or records shall be maintained for three (3) years from the date of execu tion of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit an d copying, within fourteen (14) business days of request upon written request by the AGENCY or its designated representative .
Copies of such documents or records shall be provided directly to the AGENCY for inspection, audit and copying when it is practic al to do so. Otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available to PMB’s address indicated for receipt of notices in this Agreement.
12) Training
PMB shall provide equipment and training to administe r and support AGENCY parking citation enforcement program.
PMB shall provide initial training to access the parking program for citation and the retrieval of reports as required by the AGENCY.
AGENCY shall pay all fees and expenses associated with PMB’S tr avel, lodging, meals, and other incidental expenses related to on-site visits for training and other requested visits as requested by AGENCY. All travel shall be coach economy. Lodging and meals must be within guidelines agreed upon by PMB and AGENCY. Ex penses over twenty-five ($25.00) shall be supported by documentation.
Travel cost shall be deducted from the monthly revenue statement.
13) Authorized Purposes
Authorized individuals are allowed access to the PMB data system for purposes of updates, modifications, and view customer record information. Authorized individuals are not allowed to perform any changes to the PMB data system that can cause damage to the system or changes that are not authorized by PMB.
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Terms & Conditions
Independent Status
AGENCY and its employees in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of PMB. While AGENCY may be required by this agreement to carry Worker’s Compensation Insurance, in no event shall AGENCY and its employees and agents b e entitled to unemployment or workers’ compensation benefits from PMB.
Governing Law
To the extent not inconsistent with applicable federal law, this Agreement shall be construed in accordance with and governed by the laws of the State of California . Jurisdiction of disputes hereunder shall be had in Monterey County or in the appropriate federal court with jurisdiction over the matter.
Waiver of Rights
Any action or inaction by PMB or the failure of PMB on any occasion to e nforce any right or provision of this Agreement shall not be a waiver by PMB of its rights hereunder and shall not prevent PMB from enforcing such provision or right on a ny future occasion. PMB ’s rights and remedies provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law.
Time
Time is of the essence in the performance of this Agreement.
Use of Data
AGENCY shall not utilize any non-public PMB information it may receive by reason of this Agreement, for pecuniary gain not contemplated by this Agreement, regardless of whether AGENCY is or is not under Agreement at the time such gain is realized. PMB specific information contained in the report, survey, or other product developed by PMB pursuant to this Agreement is the property of PMB, and shall not be used in any manner by AGENCY unless authorized in writing by PMB.
Nondiscrimination
During the performance of this Agreement, AGENCY shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition, age, marital status, and denial of family care leave. AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
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Indemnification
PMB shall indemnify, defend, and hold harmless the AGENCY and its elective and appointive boards, officers, agents, employees, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of PMB, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , except where caused by the active negligence, sole negligence, or willful misconduct of the AGENCY.
AGENCY shall indemnify, defend, and hold harmless PMB, the State of California, the Trustees of the California State University, the Chancellor, California State University, Stanislaus and their employees, officers, directors, volunteers and agents of each of them from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of AGENCY, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of PMB.
Insurance
The insurance furnished by PMB and AGENCY under this Agreement shall provide coverage in amounts not less than the following, unless a different amount is stated. a) Comprehensive or Commercial Form General Liability Insurance--Limits of Liability $2,000,000 General Aggregate
$1,000,000 Each Occurrence--combined single limit for bodily injury and property damage. b) Business Automobile Liability Insurance-Limits of Liability $1,000,000 Each Accident -- combined single limit for bodily injury and prop erty da mage to include uninsured and underinsured motorist coverage.
c) Workers’ Compensation limits as required by law with Employers Liability limits of $1,000,000.
Assignments
AGENCY shall not assign this Agreement, either in whole or in part, without the express written consent of PMB.
PMB may assign this agreement either in whole or part, without the express written consent of AGENCY.
Notices
All notices required or permitted to be given under this Agreement shall be in writing and shall be personal ly delivered or sent by email or certified mail; postage prepaid and return requested, addresses as follows:
PMB: PARKING MANAGEMENT BUREAU (PMB) AGENCY: City of Salinas One University Circle 200 Lincoln Ave.
Turlock, CA 95382 Salinas, CA 93901
Notice shall be deemed effective on the date personally delivered or transmitted by email or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
Examination and Audit
For Agreement in excess of $10,000, AGENCY shall be subject to the examination and audit by d) the Office of the University Auditor, and
e) the Bureau of State Audits, for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confin ed to those matters connected with the performance of the
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agreement, including, but not limited to, the costs of administering the Agreement. Note: Authority Cited:
Government Code Section 8546.7; Education Code Section 89045(c&d), respectively.
Compliance with NLRB Orders
AGENCY declares under penalty of perjury under the laws of the State of California that no more than one final, unappeasable finding of contempt of court by a federal court has been issued against AGENCY within the immediately preceding two-year period because of AGENCY's failure to comply with an order of a federal court to comply with an order of the National Labor Relations Board. Note: Cite Authority: PCC 10296.
Americans With Disabilities Act (ADA)
AGENCY warrants that it complies with California and federal disabilities laws and regulations. (Americans with Disabilities Act of 1990,42 U.S.C. 12101 et seq). AGENCY hereby warrants the products or services it will provide under this Agreement comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. AGENCY agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. AGENCY further agrees to indemnify and hold harmless PMB from any claims arising out of AGENCY’s failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach of this Agreement.
Drug-Free Workplace Certification
AGENCY certifies that AGENCY shall comply with the requirements of the Drug -Free Workplace Act of 1990 and shall provide a drug-free workplace by taking the following actions:
a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations
b) Establish a Drug-Free Awareness Program to inform employees about all of the following:
I. the dangers of drug abuse in the workplace;
II. the person's or organization's policy of maintaining a drug-free workplace; III. any available counseling, rehabilitation and employee assistance programs; and, IV. penalties that may be imposed upon employees for drug abuse violations. c) Provide that every employee who works on the proposed or resulting Agreement :
I. will receive a copy of the company's drug-free policy statement; and, II. will agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Note: Authority Cited: Government Code Section 8350-8357
Entire Agreement
This Agreement represents the entire, complete, final and exclusive expression of the parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between PMB and AGENCY prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein, shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
Forced, Convict, Indentured and Child Labor
By accepting an agreement with PMB, AGENCY:
a) certifies that no equipment, materials, or supplies furnished to PMB pursuant to this Agreement have been produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
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penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. AGENCY further certifies it will adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at http://www.dir.ca.gov/, and Public Agreement Code Section 6108. b) agrees to cooperate fully in providing reasonable access to its records, documents, agents or employees, or premises if reasonably required by authorized officials of the State, the Department of Industrial Relations, or the Department of Justice to determine AGENCY's compliance with the requirements under paragraph (A).
Expatriate Corporations
AGENCY declares and certifies that it is not and expatriate corporation, and is not precluded from contracting with PMB by The California Taxpayer and Shareholder Protection Act of 2003, Public Agreement Code Section 10286, et seq.
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EXCEPT AS AMENDED herein, all other terms and conditions of AGENCY Agreement for Processing of Parking Citations referred to shall remain unchanged, in full force and effect.
PARKING MANAGEMENT BUREAU (PMB) City of Salinas
Clint Strode, Chief Date City of Salinas Date
University Police Department
Vice President, Business & Finance Date City of Salinas Date
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Scope of Work
This Scope of Work (SOW) outlines the high-level solution, deliverables and estimated costs required to maintain an enterprise wide solution for Parking Management Bureau. This SOW is subject to the terms and conditions of the AGENCY Agreement. Throughout this document, Parking Management Bureau will be referred to as “ PMB” and City of Salinas as “AGENCY”.
1.1) Overview
The overall goal in maintaining products and utilizing PMB services is to design and implement an effective solution to support specific business needs and to maximize organizational goals. The primary outcome of implementing this SOW is a working solution that supports the achievement of the organization’s critical success criteria, which are stated below.
The project objective is for the AGENCY and PMB to collaborate in integrating the AGENCY’s parking records and operations within the PMB parking web services database. The purpose is to work with AGENCY’s project team to successfully assess and improve the AGENCY’s department(s) related to parking services operations.
1.2) Solution Overview
The PMB parking services is a menu of comprehensive services, which are outlined further in the section. The following table describes the tasks that PMB can perform as part of this engagement. The AGENCY will re ceive three (3) months, or up to thirty (30) hours of resource availability per month, for a total of ninety (90) hours for the full scope of work, to allocate to any of the integration tasks listed in the matrix below. Unused monthly hours will not rollover to the following month.
Deliverable Area
Task Description
Parking Citation Processing Services for the
City of Salinas
Dedicated Client Point of Contact
Database configuration and management
Permit Sales & Distribution Services Dedicated Client Point of Contact Export and/or data pulls
Queries, List, and/or Segments
Database configuration and management
2) Phases and Deliverables
PMB follows the Project Management Methodology to implement its solutions. Phases include Initiating, Planning, Executing, Monitoring, Monitoring & Controlling and Closing . Within the Executing phase, activities are further categorized into sub-phases of Design & Build, Test and Deliver & Stabilize.
2.1) Responsibility Matrix
A responsibility assignment matrix, (also known as RACI matrix) describes the Deliverables and ear party’s respective role relating to ear Deliverable. Deliverables are those items specifically identified as a “Deliverable” in this SOW. The table below provides an overview of categories of responsibility.
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Category Description
Responsible (R) The party who does the work to achieve the Deliverable. One party is assigned as the responsible party, although other parties are delegated to assist as required.
Accountable (A) The party ultimately answerable for the correct and thorough completion of the Deliverable. An accountable party must sign off (approve) on work that the responsible party provides. One accountable party is assigned for each Deliverable.
Consulted (C) The party who is consulted before a decision or action is taken.
Consulted parties are not expected to produce the Deliverable, but instead will provide general advice concerning the Deliverable.
Informed (I) Those parties who are kept up -to-date on progress, often only on completion of the Deliverable.
2.2) Deliverables
Deliverable Description Phase AGENCY PMB
Project Management
Controls
The following artifacts will be
used to monitor, control and
communicate project progress
• Kick off email
• Meeting Agendas
• Status Reports
Monitoring &
Controlling
A, C R
2.3) Deliverable Acceptance Procedures
Deliverable acceptance procedures apply only to Deliverables for which PMB has been designated as the “R” party.
The provisions of the Agreement are supplemented by the Deliverable acceptance provision below. PMB will make available Deliverable to AGENCY for review and acceptance AGENCY will provide an adequate number of resources to review Deliverable to confirm conf ormity in all material respects based upon mutually agreed requirements and specifications developed during this Project. AGENCY will provide written notice of acceptance or rejection within ten (10) business days of notification of delivery. Deliverables which are not rejected by AGENCY within above time period shall be deemed accepted.
3) Assumption & AGENCY Responsibilities
The performance of Services, timing, resources and fees associated with this SOW are based on the assumption and AGENCY’s responsibilities set forth below. Should any of these assumptions not be fully realized or should the AGENCY fail to timely perform its responsibilities below and elsewhere in the this SOW, a Change Order shall be required resulting in adjustments of the fees, expenses, and schedule associated with this SOW.
3.1) General & Responsibilities
AGENCY shall provide resources to fulfill the following core roles:
1. Project Manager, who will work wit h the PMB Project Manager to co ordinate meeting resources, assist with Project planning, help resolve issues/manage risk, provide feedback for initiative prioritization, assist with roadmap production and ensure that appropriate management approvals are obtained in a timely manner.
2. Business and Technical Subject Matter Experts as needed to attend various sessions to provide knowledge and insight into the data, processes and tool for each activity being investigated. Additionally, the AGENCY will be available to provide follow-up materials and answer questions after sessions have concluded, and provide feedback on associated Deliverables.
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AGENCY will provide PMB with the information needed to configure database and associated modules for the integrated services agreed upon.
AGENCY shall provide PMB with a timely and complete access to, an d ensure the availability of, all the AGENCIES personnel data, documentation, information, standards, systems and other resources that may be reasonably necessary for PMB to perform the Services.
AGENCY will cooperate with PMB in taking actions and executi ng documents, as appropriate, to achieve the objectives of this SOW. AGENCY agrees that PMB performance is dependent on AGENCY’s timely and effective cooperation with PMB. Accordingly, AGENCY acknowledges that any delay by the AGENCY may result in PMB being released from an obligation or scheduled deadline or in the AGENCY having to pay additional fees for PMB’s agreement to meet a specific obligation or deadline despite the delay. AGENCY acknowledges and agrees to provide PMB with prompt and adequate respo nses to its requests for information and other requests for information and other requests related to the Services to be performed under this SOW. In the event that PMB has made a request related and the AGENCY has not responded promptly with the requested information, PMB may issue a “Final 30 -Day Project Notice” (“Final Notice”) to the AGENCY. If the AGENCY does not respond as requested to the Final Notice, the AGENCY agrees that PMB shall be relieved of any further obligations which have not been completed under the SOW and the AGENCY shall remain liable for payment of all Services fees as set forth herein. Any and all services requested by the AGENCY following the expiration of the aforementioned thirty (30) day period will require the AGENCY and PMB to execute a new SOW and the AGENCY shall be responsible for any additional Services fees contemplated there under, even if listed in the original SOW. AGENCY is responsible for the completeness and correctness of all documentation presented to PMB, and shall verify the accuracy of completeness of the information provided. AGENCY shall ensure the accuracy of all data presented to PMB. While PMB may provide limited support for data testing as specified in the Deliverables section, the AGENCY remains responsible for data testing, data cleanup, data setup, the resolution of source data or third party data integrity defects.
AGENCY shall provide appropriate infrastructure to support the solution and will be responsible to purchase any required hardware or software.
AGENCY shall work with applicable vendor(s) for the resolution of defects in all third -party software and to resolve defects in the AGENCY’s legacy applications.
AGENCY’s business leaders will be responsible for timely decision making, critical issue resolution, and efforts to promote tis Project internally as defined by project governance. AGENCY will notify the appropriate vendors and make the necessary arrangements for PMB to conduct interviews to gather details about the vendor’s processes. PMB is not responsible for any modification or other change made to any Deliverable by AGENCY or third - party.
AGENCY will be responsible for obtaining all necessary license and use rights for any such items that will be utilized by PMB in connection with the Project and to provide PMB legal access thereto. Completion of Deliverables assumes AGENCY (e.g., business leaders, team members, IT resources, business Subject Matter Experts (SME), etc.) are available to support activities such as workshops, meetings, document review sessions, etc. If Business SMEs cannot provide adequate time, the Deliverable schedule and activities are subject to change.
AGENCY will provide the necessary business/IT experts and decision makers to attend and support the work sessions. PMB will assist the AGENCY with identification of the necessary participants. AGENCY shall submit files using Secure FTP (File Transfer Protocol). If data cannot be supplied in the requested format, the AGENCY and PMB will discuss options and additional fees may apply.
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4) Change Orders
PMB shall perform the services specified in this SOW. Any other services or changes identified by the parties require a duly executed Change Order documenting the change in Statement of Work, additional (or exchanged) services to be deli vered and resources required, any changes to the project plan and/or deliverable dates (if applicable), and additional estimated fees (if applicable).
Both parties must properly execute the change order before any resources will be assigned or any additional/changed services will be performed. Any properly executed Change Order is subject to the terms of the Services Agreement and this SOW.
5) Expiration of Services
If, (i) within one year of execution of the SOW, the AGENCY has not scheduled any work to be p erformed, or (ii) the AGENCY has scheduled work to be performed, but due to the unavailability of the AGENCY such work has not commenced within six (6) months of being scheduled, the SOW will be deemed to be terminated by the AGENCY and any fees paid in connection with this SOW shall be retained by PMB and applied towards a cancellation fee.
Prepaid services not scheduled within eighteen ( 18) months shall be deemed expired and any fees paid in connection with this service shall be retained by PMB.
6) Cancellation Policy
In the event services are scheduled pursuant to this SOW and the AGENCY cancels or postpones with less than ten (10) business days’ notice, the AGENCY shall pay for the committed hours at the applicable rates plus any out of pocket expenses incurred.