2003-04 Revenue Experts - Data Ticket - Administrative Citation ProcessingPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and REVENUE EXPERTS, INC. ("Consultant"). The parties hereto agree as
follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to administrative citation processing,
appeal hearings and fine collection as specified in the "Scope of Services" attached hereto as
Exhibit "A" (the "Scope of Services/Schedule of Performance") and incorporated herein by this
reference (the "services" or "work"). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards prevalent in
the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La
Quinta and any Federal, State or local governmental agency of competent jurisdiction, including
any laws relating to procedures for collection.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there existing, (c)
it has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should Consultant discover any unknown conditions materially differing from those inherent in
the work or as represented by City, it shall immediately inform City of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the Contract
Officer (as defined in Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies
are due to the negligence of Consultant.
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2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant
shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation")(the
"Contract Sum").
2.2 Method of Payment. The method of payment shall be in accordance with Exhibit
«B„
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall
be performed diligently and within the time period established in Exhibit "A". Extensions to the
time period specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Ma'eure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not restricted to, acts. of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of
any governmental agency other than City, and unusually severe weather, if Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay,
and extend the time for performing the services for the period of the forced delay when and if in
his or her judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, the term of this Agreement shall be a period of one year from the date this
Agreement is executed. At the City's option, the Agreement may be extended for one additional
year.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
a. Marjorie A. Fleming
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder.
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The foregoing principals may not be changed by Consultant and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
City.
4.2 Contract Officer. The Contract Officer shall be John Hardcastle, Community
Safety Manager, or such other person as may be subsequently designated by the City Manager
of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed
of the progress of the performance of the services and Consultant shall refer any decisions which
must be made by City to the Contract Officer. Unless otherwise specified herein, any approval
of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except for action taken by Consultant to fulfill
its obligations with respect to providing hearing officers for City as specified in Exhibit "A",
Consultant shall not contract with any other entity or independent contractor to perform in whole
or in part the services required hereunder without the express written approval of City._ Subject
to the foregoing, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth. Consultant shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be performed
hereunder which are reasonably available to Consultant only from or through action by City.
5.0 INSURANCE AND INDEMNIFICATION
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, personal and public liability and property
damage insurance against all claims for injuries against persons or damages to property resulting
from Consultant's acts or omissions rising out of or related to Consultant's performance under
this Agreement. The insurance policy shall contain a severability of interest clause providing
that the coverage shall be primary for losses arising out of Consultant's performance hereunder
and neither City nor its insurers shall be required to contribute to any such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as additional insured
shall be delivered to and approved by City prior to commencement of the services hereunder.
For Personal Injury/Property Damage Coverage the minimum amount of insurance shall
be $500,000 per individual; $1,000,000 per occurrence.
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Consultant shall carry automobile liability insurance of $1,000,000 per accident against
all claims for injuries against persons or damages to property arising out of the use of any
automobile by Consultant, its officers, any person directly or indirectly employed by Consultant,
any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly
or indirectly out of or related to Consultant's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed
for travel on public roads. The automobile insurance policy shall contain a severability of
interest clause providing that coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to contribute to such
loss. A certificate evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to commencement of the
services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an
amount of $1,000,000 per occurrence.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the
City, its officers, officials, employees, representatives and agents ("City indemnitees") from and
against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses,
including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by the City) ("Claims") and for errors and omissions
committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Consultant's performance under this Agreement, except to the
extent of such loss as may be caused by City's own active negligence, sole negligence or willful
misconduct, or that of its officers or employees.
In the event the City indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, errors or omissions, Consultant shall
provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees
their costs of defense, including reasonable attorney's fees, incurred in defense of such Claims.
In addition Consultant shall be obligated to promptly pay any final judgment or portion thereof
rendered against the City indemnitees.
5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option:
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a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Consultant's failure to
maintain or secure appropriate policies or endorsements. Nothing herein contained shall be
construed as limiting in any way the extent to which Consultant may be held responsible for
payments of damages to persons or property resulting from Consultant's or its subcontractors'
performance of work under this Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning Consultant's performance of the services required by this Agreement as
the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept
and prepared in accordance with generally accepted accounting principals. The Contract Officer
shall have full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all reports, records, documents and other
materials, whether in hard copy or electronic form, which are prepared by Consultant, its
employees, subcontractors and agents in the performance of this Agreement, shall be the
property of City and shall be delivered to City upon termination of this Agreement or upon the
earlier request of the Contract Officer, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all subcontractors
to assign to City any documents or materials prepared by them, and in the event Consultant fails
to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the specific
purpose intended and causes to be made or makes any changes or alterations in said documents
and materials, City hereby releases, discharges, and exonerates Consultant from liability
resulting from said change. The provisions of this clause shall survive the completion of this
Contract and shall thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records, documents
and other materials prepared by Consultant in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer or as
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required by law. Consultant shall not disclose to any other entity or person any information
regarding the activities of City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted 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 Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefore.
The injured party shall continue performing its obligations hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this section shall be a condition
precedent to termination of this Agreement for cause and to any legal action, and such
compliance shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Consultant
sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably
believes were suffered by City due to the default of Consultant in the performance of the services
required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Consultant requiring City's consent or approval shall not
be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
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7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. City reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days written notice to Consultant. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any services authorized
by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as
may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over work and prosecute the same to completion by contract or
otherwise, and Consultant shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that City shall
use reasonable efforts to mitigate such damages), and City may withhold any payments to
Consultant for the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION
8.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any default or
breach by City or for any amount which may become due to Consultant or to its successor, or for
breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which affects his or her personal interest or the interest of
any corporation, partnership or association in which she or he is, directly or indirectly, interested,
in violation of any State statute or regulation. Consultant warrants that it has not paid or given
and will not pay or give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant 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, marital status, national origin or ancestry in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
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9.1 Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed
as provided in this section.
To City:
CITY OF LA QUINTA
Attention: John Hardcastle
78495 Calle Tampico
La Quinta, California 92253
To Consultant:
REVENUE EXPERTS, INC.
Attention: Marjorie A. Fleming
4600 Campus Drive, Suite 203
Newport Beach, California 92660
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to- the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, a California municipal corpo' ation
Date:
Thomas P. Genovese, City Manager
ATTEST:
. Greek, City Clerk
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APPROVED AS TO FORM,.-
M. ath `Jenson, City Atto y
CONSULTANT: Revenue Experts, Inc.
By.
Name:
Title:y oi> � L"<
Date: � o
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Exhibit A
Scope of Services I Schedule of Performance
Consultant shall timely perform the services described and set forth herein, as more
specifically described as follows.
A. Administrative Citations — Collection Services.
City's Obligations
Whenever City or its agents issues an administrative citation as authorized under
the La Quinta Municipal Code (`I QMC") Chapter 1.09 et seq., the City shall provide a
copy of said citation to Consultant. Said copies shall be mailed to the Consultant at the
end of each week to allow Consultant to ascertain the volume of citation activity, as well
as the diversity of cited violations.
City shall place a notification on each citation that all citation fines should be
paid and delivered directly to Consultant. At its discretion, City may reject any payment
made directly to City by a citation recipient or may accept such payment and forward
such sums to Consultant.
At least ten (10) days prior to the date of the hearing on Appeal, the City shall
send to the Consultant via mail a supplemental report from City code enforcement staff.
Such report shall provide a brief summary of the matter at hand, all document in
possession of the City relating to the citation, and may include photographs of the cited
violation. The City shall also mail to the citation recipient a copy of such report by mail,
absent any privileged information, no less than ten (10) days before the date the hearing
commences.
On a monthly basis, City shall submit to Consultant copies of the Interagency
Intercept Collections ("HC") program paperwork and weekly statement, if any.
Consultant Obligations
Consultant agrees to provide at its own expense the following in connection with
services rendered under this Agreement:
All letters and other correspondence required to fulfill its duties under this
Agreement, including, but not limited to, the following: (1) Thirty (3 0) calendar
days after receiving a citation for processing, the Consultant shall mail a first
notice to the citation recipient for payment or Appeal ("First Notice"); (2) Thirty
(30) calendar days from the date of the First Notice, if the citation is unpaid or
uncontested, the Consultant shall mail a second notice to the citation recipient
stating the total amount due ("Second Notice"); (3) Thirty (30) calendar days
from the Second Notice, if the citation is unpaid, the Consultant shall mail a final
notice to the citation recipient demanding payment, notifying that future actions
will be taken to collect the fine, and informing the citation recipient that
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additional processing costs will be added to the fine if left unpaid ("Final
Notice'); (4) Responses on behalf of the City to all requests for hearings filed
pursuant to LQMC section 1.09.080; (5) All legally required notices, including,
but not limited to, those designating the time and place of the hearing; (6) All
referrals to the Interagency Intercept Program, as discussed below; and (7) All
other correspondence reasonably necessary to ensure that Consultant fulfills its
obligations under this Agreement. Consultant agrees to prepare standardized First
Notice, Second Notice, and Final Notice forms and provide the same for City
approval prior to use. Consultant agrees to provide at its own expense any and all
postage required to fulfill its duties under this Agreement.
A toll free customer service telephone line ("Service Line") whereby
citation recipients may speak to a customer service representative to obtain
information regarding the La Quinta citation appeals process. Consultant further
agrees to provide at least one customer service representative knowledgeable
about the La Quinta citation appeals process during the hours of 9:00 a.m. to 5:00
p.m. of each business day to answer the Service Line.
Consultant agrees to provide to City not later than the tenth (1 Oth) of each
month a monthly management report (`Management Report") that includes the
information set forth in Section 2.2 of the Agreement and the following: (1) a list
of all outstanding citations issued by the City and their payment status; (2)
documentation of any and all written or oral communication by and/or between
Consultant and a citation recipient regarding the status of a citation or Appeal; (3)
itemized documentation of any amounts received by Consultant on behalf of each
outstanding citation during the previous month; and (4) the status of all Appeals
filed pursuant to LQMC section 1.09.080, including, but not limited to, the date
and time of all pending Appeals.
Access to a website database ("Website") which includes information
regarding the current status of each individual citation issued by the City, as well
as information about the La Quinta citation appeals process. The information on
said Website shall be updated by Consultant on a weekly basis, and shall be
accessible to the City as well as all citation recipients at all times.
In determining the fee amount for any given administrative citation,
Consultant agrees to adhere to the City's most current Bail Schedule, which City
shall provide Consultant upon request.
Consultant agrees to use its best efforts to obtain the payments owed from
citation recipients, and shall strictly adhere to all legal requirements in doing so.
B. Appeal.
For each Appeal, Consultant agrees to provide an unbiased and neutral hearing
officer ("Hearing Officer") who shall preside at said hearing, and shall hear evidence and
testimony regarding the Appeal.
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19
For each Appeal filed, Consultant shall notify the City of the Appeal by facsimile
within two (2) business days after the filing of the same. Such notice shall be provided to
the City no later than twenty 20 days before hearing date.
Consultant shall take all necessary
assigned to an Appeal is familiar with
administrative hearing, including, but not
requirements.
steps to ensure that each Hearing Officer
the legal requirements for conducting an
limited to, Federal and State due process
Upon receipt of notice of an Appeal, Consultant agrees to select a date and time
for the hearing in a manner that maximizes the number of hearings per day.
Notwithstanding the foregoing, all Appeals shall be heard not less than twenty (20)
calendar days, but no more than ninety (90) calendar days from the date that the request
for hearing is filed in accordance with LQMC section 1.09.080. Unless otherwise
specified by City, all Appeals shall be heard at 78495 Calle Tampico, La Quinta, CA
92253.
Consultant agrees that the employment, performance, evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be in any way related to the results of
prior decisions issued by said Hearing Officer. Consultant further agrees that Hearing
Officer shall be considered an independent contractor of the Consultant for purposes of
this Agreement.
Consultant acknowledges that any Hearing Officer provided to City may be
subject to disqualification as provided by California Code of Civil Procedure section
170.1 and LQMC section 1.09.070(C). Prior to assigning a Hearing Officer to hear an
Appeal, Consultant shall determine whether the Hearing Officer is disqualified. In the
event of such disqualification, the Consultant agrees to provide a substitute Hearing
Officer at no additional charge to the City.
Hearing Officer shall conduct the hearing on the appointed date and time as
prescribed by the Consultant. The Hearing Officer shall hear all facts and testimony
presented and deemed relevant to the Appeal, consistent with the requirements of LQMC
section 1.09.080(C). Within ten (10) working days of the conclusion of the hearing, the
Hearing Officer shall provide his or her written decision ("Administrative Order") by
certified mail to the petitioner at his or her last known address. The Administrative Order
shall comply with the requirements set forth in LQMC section 1.09.090. Within ten (10)
working days of the issuance of the Administrative Order, Consultant shall provide the
City a copy of the Administrative Order either by overnight mail, certified mail, or
facsimile.
Should the Hearing Officer find against the citation recipient, and should such
recipient file a petition for review in a court of law, Consultant shall ensure the
availability of the Hearing Officer to assist the City in preparing for any proceeding in
connection with said petition or to testify regarding the citation and his/her decision.
Interagency Intercept Program.
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If Consultant receives no payment or request for hearing from a citation recipient within
thirty (30) days after sending the Final Notice, the Consultant shall take all necessary steps to
place the citation on the Interagency Intercept Collections ("IIC"). Consultant must place the
citation on the IIC according to Consultant's normal processing periods. When placing the
citation on the IIC. Consultant must include the fine amount plus any additional costs associated
with processing the citation with the IIC.
The Parties understand that Interagency, Intercept Program will charge a flat rate of
$10.00 per social security number ('W Fee") for all debts placed in the Interagency Intercept
Program system, regardless of the number of debts attached to each respective social security
number. The Parties agree that Consultant shall advance all necessary IIP Fees, and seek
reimbursement for such expense pursuant to subparagraph "3" of Exhibit `S" attached hereto
("Schedule of Compensation").
City agrees to report to Consultant all funds collected by the City through the Interagency
Intercept Program on a weekly basis.
C. Deposit of Funds
Within five (5) business days of receipt, Consultant shall deposit all funds collected under
this Agreement in a bank account designated by the City ("Account"). Consultant shall have no
authorization to withdraw any funds from said Account. All funds within the Account, including
the interest accrued on the Account, shall be the sole property of the City. Consultant shall
include in the Management Report an itemized list of each deposit made in the Account as
discussed hereinabove. The Account shall be solely under the control of the City, and the City
shall have the right to withdraw funds from the Account at its discretion.
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Exhibit B
Schedule of Compensation
A. Fee Structure.
The Parties hereby agree to the following fees for services rendered in connection with
Consultant's provision of services:
1. City agrees to pay Consultant a flat rate of $22.00 per citation ("Flat Fee")
for performance of all Consultant's obligations under this Agreement, with the exception
of conducting the administrative hearings.
2. City agrees to pay Consultant an hourly rate of $50.00 for the services of a
Hearing Officer during the administrative hearings. For any day in which the Hearing
Officer is conducting one or more hearings pursuant to this Agreement, the Hearing
Officer shall be paid for a minimum of four (4) hours. The Hearing Officer shall not be
compensated for any time other than the administrative hearing itself. Thus, by way of
example, and without limitation, Hearing Officer shall not be compensated for time spent
for travel, research, review of the file, or preparation of the Administrative Order. The
Hearing Officer shall not be paid for expenses associated with attending the hearing, such
as travel expenses to and from the hearing.
3. City agrees to reimburse Consultant for all Interagency Intercept Program
fees advanced by the Consultant pursuant to Section C of Exhibit A, the Scope of
Services.
B. - Payment of Fees.
City shall review the Management Report prepared in accordance with Exhibit "A" and,
within 30 days of its approval of the same, shall remit payment to Consultant for the items set
forth in Section A hereinabove.
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