2020/03/24 City Council Resolution 2020-025 RESOLUTION NO. 2020-025
A RESOLUTION AUTHORIZING AND APPROVING A CONSULTANT SERVICES
AGREEMENT FOR ADMINISTRATIVE CITATION PROCESSING, HEARING OFFICER
AND COLLECTIONS SERVICES CONTRACT WITH DATA TICKET,INC.
WHEREAS, the City Council of the City of Rohnert Park adopted Ordinance No. 942 on
January 28, 2020, thereby establishing the City's ability to utilize an outside contractor for
Administrative Citation processing, hearings and collections ;and
WHEREAS, the City wants to introduce transparency and impartiality to the City's hearing
process and create a process for the reliable collection of Administrative Citation fine penalties; and
WHEREAS, the City's use of consultant services is governed by its Purchasing Policy and
in accordance with the Purchasing Policy, a Request for Proposals was posted and published on
January 15, 2020, seeking qualified vendors for this service; and
WHEREAS,two sealed proposals were received prior to the submittal deadline of
January 31, 2020 and were publicly opened; and
WHEREAS, staff reviewed the proposals and determined that Data Ticket, Inc. best met
the objective criteria for the proposal based upon experience, work plan soundness, program
implementation and cost; and
WHEREAS, staff recommends procuring Data Ticket, inc. for Administrative Citation
Processing, Hearing Officer Services, and Collection Services.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Data Ticket Inc., a
California Corporation, and the City of Rohnert Park, a municipal corporation, for administrative
citation, hearing officer and collection services.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 24th day of March, 2020.
CITY OF ROHNERT ARK
v
ATTEST: Joseph linan, Mayor
Sylvia Lopez s, Assistant City Clerk
Attachment: Exhibit A
ADAMS: BELFORTE: STAFFORD MACKENZIE• CALLEVAN: -
AYES: ( 6- ES: (9) AR.I. T: ((25) ABSTAIN: ) V
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the day of March, 2020, by and
between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and Data
Ticket Inc. ("Consultant"), a California Corporation.
Recitals
WHEREAS, City desires to obtain administrative citation, hearing officer and collection
services in connection with its municipal code enforcement activities; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee, shall represent City for all
purposes under this Agreement. The City's Senior Code Compliance Officer is hereby
designated as the Project Manager. The Project Manager shall supervise the progress and
execution of this Agreement.
B. Consultant. The Consultant shall assign Ms. Heather Nowlan, Director
Client Services to have overall responsibility for the progress and execution of this Agreement
for Consultant.
3. Scope and Performance of Services
A. ,Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference.
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B. Term. The services of Consultant are to commence upon receipt of a
written notice to proceed from City, but in no event prior to receiving a fully executed agreement
from City and obtaining and delivering the required insurance coverage, and satisfactory
evidence thereof, to City. The agreement shall have a term of three (3) years, which may be
extended for two additional three-year periods, through written extensions from the City's
Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with all applicable legal requirements
and shall meet the standard of quality ordinarily to be expected of competent professionals in
Consultant's field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. However, in no event shall
the amount City pays Consultant exceed Two Hundred Fifty Thousand Dollars ($ 250,000.00).
Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work,
even if such defects were known to the City at the tirne of payment.
B. Timing of Payment.. For services that are not paid directly from collections
in accordance with Exhibit B, Consultant shall submit itemized monthly statements for work
performed. City shall make payment, in full, within thirty (30) days after approval of the invoice
by the Project Manager.
C. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written
amendment to this Agreement.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay,. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
F. Liti ation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
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Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Consultant shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum lneruit, etc. for work done without the appropriate City authorization.
6. Infection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title to all records, documents, statistics, reports,
correspondence, photographs or other imagery, descriptions and other final work products compiled
by the Consultant under the Agreement shall be vested in City, none of which shall be used in any
manner whatsoever. by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic charts, computations, and other data prepared or obtained under the
Agreement shall be ]Wade available, upon request, to City without restriction or limitations on their
use. Consultant may retain copies of the above -described information but agrees not to disclose or
discuss any information gathered, discussed or generated in any way through this Agreement
without the written permission of City during the term of this Agreement, unless required by law.
8. Employment of Other Consultants Specialists or Experts Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in teal
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
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(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
10. Liability of Members and Emnloyees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and
hold harmless City and any and all of its officers, officials, employees, agents and volunteers
("Indemnified Parties") from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorney's fees -and costs, court costs, interest, defense costs and expert
witness fees) of any nature ("Liability"), whether actual, alleged or threatened, which arise out of.
pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from
time to time.
The only exception to Consultant's responsibility to indemnify, protect, defend, and hold harmless
the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City
or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant's duty to indemnify, protect, defend and
hold harmless as set forth in this Section 1 1 shall include the duty to defend (by counsel reasonably
satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Consultant under worker's compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided
by Consultant and shall continue to bind the parties after termination/completion of this agreement.
This indemnification shall be regardless of and not in any way limited by the insurance
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requirements of this contract. This indemnification is for the full period of time allowed by law
and shall survive the termination of this agreement. Consultant waives any and all rights to express
or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant
arising out of or in connection with the Agreement or Consultant's failure to comply with any of
the terms of this Agreement.
Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 1 I
shall not be excused because of the Consultant's inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The
Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time
for responding has been extended by an authorized representative of the City in writing. If the
Consultant fails to timely accept such tender, in addition to any other remedies authorized by law.
as much of the money due or that may become due to the Consultant under this Agreement as shal I
reasonably be considered necessary by the City may be retained by the City until disposition has
been made of the matter subject to tender, or until the Consultant accepts the tender, whichever
occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorneys
fees and costs and fees of litigation incurred by the City in responding to matters prior to
Consultant's acceptance of the tender.
12. Consultant Not an Arent of City. Consultant, its officers, employees and agents
shall not have any power to bind or commit the City to any decision.
13. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City; and as an independent
contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue
to City's employees, and Consultant hereby expressly waives any claim it may have to any such
rights.
14. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. Except as
otherwise allowed by City in its sole discretion. Consultant and all subconsultants shall have
acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the
Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the
Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is
not responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
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commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as detennined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for Consultant's
failure to comply with any and all of its requirements under this section and Agreement.
F. Waiver of Subrogation. Consultant and Consultant's insurance company
agree to waive all rights of subrogation against City, its officers, elected officials, employees,
agents and volunteers for losses paid under Consultant's workers' compensation insurance policy
which arise from the work performed by Consultant for the City.
15. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by the City, or as required by law.
16. Assignment: Subcontractors: Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or. any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
B. Subcontractors: Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
17. Insurance. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
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18. Termination of A,,ree:Went• Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5-days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall turn over to the City Manager immediately any and all records, documents, statistics, reports,
correspondence, photographs or other imagery, descriptions, other final work products, and other
data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to
Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall
become the permanent property of the City. Consultant, however, shall not be liable for the
City's use of incomplete materials nor for the City's use of complete documents if used for other
than the project contemplated by this Agreement.
19. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory Services performed through the date of
temporary suspension.
20. Merger-, Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
21. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
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22. Litiaation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
23. Time of the Essence. Time is of the essence of this Agreement.
24. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: Data Ticket Inc.
Attn: Ms. Heather Nowlan
2603 Main Street Suite 300
Irvine, CA 92614
25. Consultant's Books and Records,
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
C. The City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and documents be
maintained in the City Manager's office.
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26. - Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
27. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, age, sex, creed, color, sexual orientation, marital status or national
origin. Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or
national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
28. City Not Obligated to Third Palrtles. The City shall not be obligated or liable for
payment hereunder to any party other than the Consultant.
29. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity.
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
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when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by the City.
34. Applicable Law: Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be field exclusively in a state court in the County of
Sonoma, California.
35. ALIthority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
36. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
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CITY OF ROHNERT PARK
By:
City Manager
Date:
Per Resolution No. 20_-_ adopted by the
Rohnert Park City Council at its meeting of
March 24, 2020.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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CONSULTANT
By�.�G -
TitleCi)w r-,.c Cc. —
Date: -3 0 - 2-4 20
CONSULTANT
By: _
Title:
Date:
1208604vl 80078/0012v2012-09
EXHIBIT A
Scope of Work and Schedule of Performance
l . Adherence to Municipal Code Provisions. Unless otherwise provided for, all
consultant services will at all times comply with the time frames, processes, and procedures set
forth in Rohnert Park Municipal Code ["RPMC" ], with specific emphasis to Chapters 1.25
"Administrative Citations;" 1.26 "Administrative Hearings;" and 1.27 "Collection Procedures."
Copies of these Chapters in Appendices A-1, A-2, and A-3 to this Exhibit.
2. Processirig of Administrative Citations. The consultant will receive copies of
and process all administrative citations written by designated employees of the City. Data entry
will be completed within 24 hours of receipt. The consultant will create a secure database to
store, monitor, update and track the processes of all administrative citations. All administrative
citation files, including status of processing, must be maintained in near real-time, daily, and
readily accessible to City. The consultant will provide a consistent series of escalating payment
and process notices to the responsible parties issued administrative citation(s).
3. Customer Service. A toll free automated customer service line must be
available for public inquiry 24 hours a day, 7 days a week. In addition, a toll free customer
service line must be available during normal business hours (PST). A complaint tracking system
must be implemented to track and describe customer service complaints. This system must be
accessible to the City.
4. Administrative Hearine Process. The consultant shall provide all staffing
necessary to process all administrative hearing requests, as well as any related requests for
Financial Hardship Waivers, and shall schedule and hold all Administrative Hearings in
accordance with RPMC provisions (including hearings not related to Administrative Citations).
Appeals shall be heard by certified Hearing Officers, trained to professionally, diplomatically
and impartially handle appeals. Hearing Decisions shall be tracked and notices provided in
accordance with RPMC provisions. The consultant shall ensure that all Administrative Hearings
are held within a ten (l 0) mile radius of the corporate limits of the City of Rohnert Park;
preferably, within city limits. Where an Administrative Citation includes a violation which
concerns the application of building standards published in the California Building Standards
Code, housing standards under the State Housing Law, or any applicable rule or regulation
adopted by the Department of Housing and Community Development pursuant to State Housing
Law, including standards relating to the use, maintenance, and change of occupancy of buildings
and structures and requirements governing alteration, additions, repair, demolition, and moving
of such buildings and structures, the consultant will notify the appellant that they are entitled to
have that violation considered before the Building Appeals Board. In this instance, the consultant
will notify the City that an applicable appeal has been filed, at which point the City's Building
Appeals Board will assume responsibility for the Hearing portion of the process. The consultant
would then be notified of the hearing outcome and what additional action(s) are required on the
part of the consultant.
5. Collections Process. There shall be a real-time secure website available for
public and City staff inquiry, 24 hours a day, 7 days a week. At any time, the public shall be able
to make citation payments via a link placed on the City's website, or through direct access to the
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consultant web portal. City staff shall have access to reports at any time. Tile consultant shall
track delinquent citations and subsequent delinquent notices. The consultant shall refer
delinquent accounts to collection agencies as necessary. The consultant must have the ability to
utilize the Franchise Tax Board Interagency Intercept Program for tracking and reporting
delinquent citations. Responsible parties shall have the option of paying by check, money order,
or credit/debit card. The consultant must have the ability to process the payments in near real-
time, preferably daily. Citation payments are to be posted and updated in real-time. There shall
be no charge to the City for credit card payments.
6. Data Managyement. Consultant shall maintain provisions for proven database
management and software and servers, and shall provide descriptions of securities in place to
provide strict confidentiality at the time of submittal. Consultant shall ensure all systems are
backed up daily to ensure safety of the data in the event of a power outage or natural disaster.
Consultant is encouraged to transfer and store all backups of data off -site in order to protect
against the risk of data loss.
7. Reporting. In addition to near real-time reports accessible to the City via the
web portal, the consultant shall provide monthly and annual reporting, tracking and
documentation for all aspects of Administrative Citation processes; all notices mailed; and all
hearings held, including the results of such hearings. The consultant shall also provide a monthly
reconciliation of all tines and penalties invoiced/outstanding and collected; all proceeds
receivable by the City, and all costs and charges payable to the consultant.
8. Statistical Capabilities. At a minimurn, consultant shall be able to maintain
data allowing staff to obtain real-time reports relating to citation status and disposition, bank
deposits, hearing requests, and collection status. The data system must be able to store, sort and
or process the following items: date received. citation number, location of violation; business
name (if applicable); date of violation; time of violation; day of week; violator name (first,
middle and last), address, city, state, zip; driver license/I.D. number and state; physical
description (age, date of birth, sex, hair, eyes, height, weight); violation codes; a violation
descriptor field of up to 20 characters, citation fine and/or penalty amount; a comment field of up
to 50 characters; checkbox indicator as to whether a violation is a 'Building Violation';
compliance date; method of service; issuing officer name and badge/employee number;
delinquent fines/penalties; delinquent date; received payment/documents postmark dates;
notification dates; date of entry into systems; disposition codes; and hearing information..
9. Transition of Current Citation Data. Consultant will be required to import current
citation data from the City into their citation management system. Such data — which may be in
various states of completeness — will be provided in either .xlsx or .csv formats, at the preference
of the consultant. Consultant will assume collection efforts for all outstanding fine balances from
the current data set.
10. Training Consultant shall provide a proposed timeline for training, testing
and implementation covering all end -user aspects of operation including access and inquiry
capabilities, supervisor access, statistical fiinctions, and — as necessary — approval and
incorporation of all forms and correspondence used.
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EXHIBIT A APPENDICES
APPENDIX A-1: Chapter 1.25 — ADMINISTRATIVE CITATION PROGRAM
(Effective Date: February 27, 2020)
1.25.010 - Purpose and intent.
The City Council finds the enforcement of the Rohnert Park Municipal Code is an important
public service. It further finds that a code enforcement system that uses a combination of judicial
and administrative remedies is vital to the protection of the public's health, safety and quality of
life. The purpose and intent of this chapter is to set forth a clear process by which the city may
issue administrative citations, in addition to any and all other- legal remedies, to address
violations of any section of the code.
1.25.020 - Applicability.
A. The City Council has determined that the enforcement of the Rohnert Park Municipal Code
(hereinafter, "code") throughout the city is an important public service and is vital to the
protection of the public's health, safety and quality of life: The city council has determined
a need for alternative methods of code enforcement and that a comprehensive code
enforcement system uses a combination of judicial and administrative remedies to gain
compliance with code regulations. The City Council finds a need to draft precise
regulations that can be effectively applied in judicial and administrative proceedings and
further finds that there is a need to establish uniform procedures for the proper application
of administrative code enforcement remedies and administrative hearings to resolve
administrative code enforcement cases and appeals.
B. It is the purpose and intent of the City Council to afford due process of law to any person
who is directly affected by an administrative enforcement action. Due process of law
includes adequate notice of the violation and enforcement remedy chosen by the City, an
adequate explanation of the reasons justifying the administrative enforcement action taken
by the City, and an opportunity to participate in the appropriate administrative enforcement
or appeal hearing. These procedures are also intended to establish a forum to efficiently,
expeditiously and fairly resolve issues raised by any administrative enforcement action.
C. The administrative citations provided for in this chapter are an additional enforcement
remedy to all other legal remedies, criminal or civil, which may be pursued by the City, to
address any violation of this code or other public nuisance. Nothing in this chapter shall be
deemed a waiver of any other enforcement remedies found within this code.
1.25.030 - Definitions.
Unless the context clearly indicates to the contrary, the terms used in this chapter shall have
the same meaning as provided for in Chapter 1.24 of this code.
1.25.040 - General enforcement authority.
A. Any enforcement officer designated and empowered by this code or otherwise designated
by the City Manager (hereinafter "enforcement officer") has the authority and powers
necessary to gain compliance with the provisions of this code. These powers include the
power to issue citations, inspect public and private property and use whatever judicial and
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administrative remedies are available under the code and applicable State law.
Notwithstanding any other provision of this code, whenever an enforcement officer
charged with the enforcement of this code determines that a violation of any provision has
occurred, the enforcement officer shall have the authority to issue an administrative citation
in accordance with Government Code Section 53069.4 to any person responsible for the
violation, subject to the limitations contained in this chapter.
B. Enforcement officers are authorized to enter upon any property or premises within the City
to ascertain whether the property or premises is in compliance with the code, and to make
any inspection as may be necessary in the perfonnance of their enforcement duties. These
inspections may include the taking of photographs, samples or other physical evidence,
and the making of video and/or audio recordings. if an owner, lawful occupant, or the
respective agent thereof refuses permission to enter and/or inspect, the enforcement officer
may seek an administrative inspection warrant pursuant to the procedures provided by
California Code of Civil Procedure Sections 1822.50 through 1822.59, as may be amended
from time to time, or the successor provisions thereto.
C. The procedures established in this chapter for the use of administrative citations, and the
procedures established in other chapters of this code as means for addressing violations of
this code shall be in addition to criminal, civil or other legal or equitable remedies
established by law that may be pursued alternatively or concurrently to address violations
of this code. The use of this chapter shall be at the sole discretion of the City.
1.25.050 - Pre -citation Notices — Correction Period and notice.
A. When the code violation(s) pertain to building, plumbing, electrical, or other similar
structural or zoning issues that do not create an immediate danger to health or safety, the
offender shall have 30 days to correct or otherwise remedy the code violation, or a shorter
period of time if deemed necessary by the City to prevent or remedy an immediate threat
to the health and safety of the public or occupants of a structure, prior to the issuance of an
administrative citation and the imposition of a fine. A correction period longer than 30 days
may be granted if deemed necessary by the enforcement officer.
B. Upon discovery of code violation(s), the enforcement officer shall issue a pre -citation
notice to the offender and/or property owner in accordance with the provisions for service
of notices set forth in section 1.24.130 of this code.
C. To the extent the following information is reasonably available to the enforcement officer,
the pre -citation notice shall:
1. State the date the pre -citation notice is issued;
2. State the date the violation(s) were discovered by the enforcement officer;
3. State the offender's name, date of birth, driver's license number or State -issued
identification number, physical description, and current residential address and/or
mailing address;
4. State the address or a definite physical description of the location where the violation(s)
occurred;
5. Reference the code section(s) violated and describe how the offender violated the code
section(s);
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6. Describe the action(s) necessary to correct the violation(s) and state the final
compliance date by which time the correction must be made;
7. A statement that a failure to correct the violation(s) within the specified compliance
date may result in an administrative citation being issued, and the amount of the fine
to be imposed;
8. A statement that if the violator believes the notice to be in error, that contact should be .
made with the enforcement officer issuing the pre -citation notice to discuss the matter.
The enforcement officer may refer any such discussion to a supervisor or department
director;
9. The name and signature of the enforcement officer.
D. At the end of the period for correcting the code violations set forth in the pre -citation
notice ("compliance period"), the enforcement officer shall inspect the site of the code
violation. if the offender does not adequately correct the code violation(s) within the
compliance period, or if the same violation reoccurs with 12 months from the date the
pre -citation notice is issued, the enforcement officer may issue the offender an
administrative citation pursuant to Section 1.25.060.
1.25.060 - Administrative citation procedures — Generally.
A. Issuance of administrative citation. The enforcement officer, upon discovering that any
responsible party. as defined in Section.l .24.020(Q) of this code (hereinafter referred to as
"offender"), has committed any code violation(s), may issue an administrative citation to
the offender in the manner described in this chapter. The administrative citation shall be
issued in accordance with provisions for service of notices set forth in section 1.24.130 of
this code.
B. Administrative citation contents. To the extent the following information is reasonably
available to the enforcement officer, the administrative citation shall be issued in a form
approved by the city manager, or their designee, and shall:
1. State the date the administrative citation is issued;
2. State the date the violation(s) were discovered by the enforcement officer,
3. State the offender's name. date of birth, driver's license number or State -issued
identification number, physical description, and current residential address and/or
mailing address;
4. State the address or a definite physical description of the location where the violation(s)
occurred;
5. Reference the code section(s) violated and describe how the offender violated the code
section(s);
6. State the amount of fine imposed for the violation(s);
7. Explain how the offender must pay the fine, including the location and manner, as well
as the time period by which the fine must be paid and the consequences of failure to
pay the fine;
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8. Contain an order prohibiting the continuation or repeated occurrence of the violation
described in the administrative citation:
9. Explain the administrative citation appeal process and procedure for obtaining an
administrative hearing. Specifically, notice that the offender must make a written
request in the form and manner described upon the administrative citation within 15
days from the date the administrative citation is issued and that the offender will be
notified by mail of the date of the hearing;
10. Include a warning that a failure to pay the fine or request and appear at an
administrative hearing shall result in the penalties described in Section 1.25.090,
including a description of the penalties; and
11. The name and signature of the enforcement officer.
C. Voided or cancelled administrative citations. Administrative citations, once issued, shall
only be voided or cancelled under the specific circumstances provided for herein:
1. The enforcement officer makes a significant error in preparing the administrative
citation, such as an incorrect date, incorrect offender information, incorrect violations
cited, or incorrect fine amount;
2. The administrative citation is voided or cancelled by the hearing officer as part of an
administrative order resulting from a hearing held pursuant to Section 1.25.110.
Any individual ordering or otherwise voiding or cancelling an administrative citation under
any circumstances not specifically provided for herein is guilty of a misdemeanor.
1.25.070 - Continuing violations.
Each and every day or portion thereof that a violation of this code occurs or continues shall
constitute a new, separate and distinct violation subject to administrative citation and
administrative fines or fees in accordance with this chapter.
1.25.080 — Request for Hearing.
A. The offender may make a written request for an administrative hearing ("hearing"), in the
manner provided for on the citation form, within and including 15 days from the mailing
or personal service date of the administrative citation. The offender may contest an
administrative citation on the grounds that the violation did not occur, that the violation
was corrected prior to issuance of the citation, or that they are not the responsible party
with regard to the violation. A deposit in the same amount as the fine designated on the
administrative citation must accompany the request for hearing. Incomplete requests shall
not be accepted.
B. Advance deposit hardship waiver. The city manager or his or her designee may waive the
requirement of an advance deposit and issue the advance deposit hardship waiver only if
the cited party submits a sworn declaration, in the manner provided for on the citation
form, together with any supporting evidence demonstrating the person's actual financial
inability to deposit the full amount of the fine in advance of the hearing.
C. Hearings to appeal an administrative citation shall be in held in accordance with chapter
1.26 of this code.
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1.25.090 - Administrative fines and penalties.
Administrative fines or penalties may be provided in the form of a fine or penalty resolution.
established by the City Council for specific individual violations or categories of violation.
Where an administrative fine or penalty has not been established by resolution of City Council
for a specific violation or category of violations, the applicable administrative fine or penalty
shall be the maximum fine amounts for infractions set forth in subdivision (b) of Government
Code section 36900.
1.25.100 - Payment of fines, fees and penalties.
A. Payment. if the offender does not make a timely request for a hearing with the required
deposit as set forth in Section 1.25.080(B); he or she must pay the amount designated on
the administrative citation within 21 days from the date the citation is issued. Payments of
administrative fines shall be made in the manner and form directed on the administrative
citation. if no such direction is provided, administrative fines shall be sent to the City's
Finance Department. Failure to timely.pay fines shall subject the offender to late charges
in section 1.27.030 of this code. In addition, willful failure to pay fines that are due shall,
after 60 days of delinquency, constitute a separate violation chargeable as a misdemeanor.
B. No waiver. Under no circumstances shall the payment of the fine designated in the
administrative citation constitute a waiver of the offender's right to a hearing. Therefore,
an offender may pay the fine within the 15-day appeal period and also obtain a hearing to
protest the imposition of the fine, provided that the offender makes a timely request for a
hearing:
C. Obligation to correct violation. Nothing in this code shall be interpreted to mean that
because an offender has paid the fine that he, she or it is not required to correct the code
violation(s). Failure to correct the code violations may result in additional administrative
citations.
D. Any administrative citation fine, fee or penalty paid pursuant to subsection A of this section
shall be refunded in accordance with Section 1 26.060(B) if it is determined, after a
hearing, that the person charged in the administrative citation was not responsible for the
violation, that there was no violation as charged in the administrative citation, or a
modification to the amount owed was made.
1.25.110 - Notices.
A. The administrative citation and all notices required to be given by this chapter shall be
served on the responsible party in substantially the same manner as set forth in Section
1.24.130.
B. If the enforcement officer is unable to locate the responsible party for the violation at the
property where the violation exists, then the administrative citation shall be mailed to the
responsible party in the manner prescribed in Section 124.130 and posted in a conspicuous
place on or near the property.
C. Failure of any person to receive any notice specified in this chapter does not affect the
validity of the proceedings conducted hereunder.
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APPENDIX A-2: Chapter 1.26 — ADMINISTRATIVE HEARINGS
(Effective Date: February 27, 2020)
1.26.010 - Purpose and intent.
In order to effect a proper enforcement of this code and provide for the procedural and
substantive due process rights of all persons subject to enforcement of this code, there shall be
two general types of administrative hearing: (1) an enforcement hearing which is typically
associated with a notice of violation and order to abate which is associated with a nuisance, and
(2) an administrative citation appeal hearing which is associated with a person contesting an
administrative citation. The purpose. and intent of this chapter is to set forth a process for all
administrative hearings unless otherwise provided by Chapter 1.25 of this code or other law.
1.26.020 - Definitions.
Unless otherwise defined in this section, the terms used in this chapter shall have the same
meaning as provided for in Chapter 1.24 of this code. For the purposes of this chapter:
An "enforcement action" means either an administrative citation issued pursuant to chapter 1.25
or a notice of violation and order to abate issued under chapter l .24, which is the subject of a
timely filed request for an administrative hearing.
A "decision maker" means a decision maker that is responsible for conduct of an administrative
hearing on the enforcement action as determined under section 1.26.030 of this chapter.
1.26.030 — Decision maker at an administrative hearing.
A. Where an enforcement action includes a violation which concerns the application of
building standards published in the California Building Standards Code, housing standards
under the State Housing Law, or any applicable rule or regulation adopted by the
Department of Housing and Community Development pursuant to State Housing Law,
including standards relating to the use, maintenance, and change of occupancy of buildings
and structures and requirements governing alteration, additions, repair, demolition, and
moving of such buildings and structures, a person requesting an administrative hearing
shall be entitled to have that violation considered before the Building Appeals Board.
B. All violations not subject to consideration by the Building Appeals Board as set forth in
subsection A, shall be considered by an administrative hearing officer designated by the
city manager or the city manager's designee to preside over the administrative hearing,
which may include, but is not limited to, a person, firm, or corporation.
C. Where an enforcement action includes multiple violations, some of which would entitle a
person to an administrative hearing before the Building Appeals Board, the person
requesting the administrative hearing may waive the right to have Building Appeals Board
consider those violations and may instead elect to have a single hearing before an
administrative hearing officer.
D. Independent Authority. The employment, performance evaluation, compensation and
benefits of the administrative hearing officer shall not be directly or indirectly conditioned
upon the amount of the administrative fines or penalties upheld, awarded, imposed, or
assessed by the administrative hearing officer.
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E. The city manager, or his or her designee, is authorized to develop and implement policies
and procedures relating to the qualifications, appointment and compensation of
administrative hearing officers; the powers of administrative hearing officers, and all other
matters relating to conducting administrative hearings as provided in this code.
F. Disqualification. Any person designated to serve as an administrative hearing officer is
subject to disqualification for bias, prejudice, interest, or for other reason for which a judge
may be disqualified pursuant to Code of Civil Procedure Section 170:1. No person shall
serve as a hearing officer who exercises enforcement authority for. code violations. A
person may seek disqualification of an administrative hearing officer by filing a statement
with the city manager objecting to the hearing before the hearing officer and setting forth
the grounds for disqualification. The question of disqualification shall be heard and
determined in writing by the city manager or their designee within ten days following the
date on which the disqualification statement is filed.
G. Powers. The decision maker shall have the power to:
1. Conduct administrative enforcement hearings or administrative appeal hearings as
provided under the authority of this code;
2. Continue a hearing based on good cause shown by one of the parties to the hearing or
upon his own independent determination that due process has not been adequately
afforded to a responsible party;
3. Exercise continuing jurisdiction over the subject matter of an administrative
enforcement hearing or administrative appeal hearing,
4. Rule upon the merits of an administrative enforcement hearing or an administrative
appeal hearing upon consideration of the evidence submitted and issue administrative
orders resolving the case;
5. Uphold, award, impose, assess, modify or deny a fine or penalty authorized under this
code;
6. Assess administrative costs according to proof;
7. Set, increase, or decrease, according to proof, the amount of fine or penalty or the daily
rate of such fine or penalty sought by the city to be awarded, imposed, or assessed in
those cases where the fine or penalty is not fixed but is subject to a range as otherwise
established by this code;
8. In those cases where the fine or penalty is not fixed but is subject to a range as otherwise
established by this code, determine the date certain upon which the assessment of civil
penalties shall begin; and, where the corrections are subsequently completed to the
city's satisfaction, the date certain upon which the assessment of civil penalties shall
end. If the violations have not been so corrected, the daily accrual of the penalties
assessed shall continue until the violations are corrected or the legal maximum limit is
reached;
9. Where appropriate in administrative enforcement actions and as a condition of
compliance in correcting the violation(s) at issue; require each responsible party to
cease violating this code and to make all necessary corrections as specified by the city.
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L.26.040 - Notice of hearing.
A. A notice of an administrative enforcement hearing or an administrative appeal hearing shall
contain, at a minimum, the following:
1. Date and time of hearing.
2. Location of hearing.
3. Name of the decision maker.
4. Nature of the hearing.
B. The notice shall be sent a minimum of 10 days prior to the hearing to appropriate parties
in accordance with provisions of Section 1.24.130 of this code.
C. The decision maker may for good cause shown continue an administrative hearing to
another date or time upon request of the enforcement officer or the person who filed the
request for an administrative hearing.
1.26.050 - Manner of conducting hearing.
A. An administrative hearing shall occur at the time and place designated in the notice of
hearing. Notwithstanding the foregoing, no hearing to contest an administrative citation
shall be held unless the fine has been deposited in advance in accordance with Section
1.25.090(B) or an advance deposit hardship waiver has been obtained in accordance with
Section 1.25.090(C).
B. The decision maker shall hear and consider all relevant evidence, including, but not limited
to, applicable staff reports, oral, physical and documentary evidence regarding the alleged
violation.
C. Admission of evidence and the conduct of the hearing shall be controlled by the decision
maker in accordance with the fundamentals of due process. The decision maker may,
among other things, set reasonable limits on the length of the hearing; limit the number of
witnesses to testify for each side where their testimony would be unduly burdensome or
cumulative or repetitive in nature; limit or exclude any abusive, argumentative. repetitive
or otherwise irrelevant testimony; and place reasonable limits on the right to cross-examine
and present evidence.
D. The enforcement officer shall bear the burden of proving by a preponderance of the
evidence that violation(s) of the code exist, or, in the case of administrative citations, that
the violation(s) existed at the time the administrative citation was issued.
E. The notice of violation and order to abate or the administrative citation and any report
submitted by the enforcement officer to the decision maker shall constitute prima facie
evidence of the respective facts contained in those documents.
F. Oral evidence may be heard on oath or affirmation.
G. The owner or any responsible person may be represented by anyone of their choice or may
represent themselves.
H. The hearing is intended to be informal in nature. Formal rules of the California Evidence
Code and discovery shall not apply.
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I. Hearsay evidence may be used for the purpose of supplementing or explaining any direct
evidence.
J. The failure of any recipient of a notice of violation and order to abate to appear at the
administrative enforcement hearing shall constitute a failure to exhaust their administrative
remedies. The failure of any recipient of an administrative citation to appear at the
administrative citation appeal hearing shall constitute a forfeiture of the penalty and a
failure to exhaust their administrative remedies.
1.26.060 — Failure to Attend Hearing.
The failure to appear at a scheduled hearing without prior notice and request for continuance shall
constitute a waiver of the right to a hearing. A person's failure to appear at the administrative
hearing shall be presumed an admission to the violation indicated in the enforcement action, and
such person will forfeit any fine deposit submitted.
1.26.070 - Administrative Order Following Hearing.
A. After considering all of the testimony and evidence submitted at the hearing, within ten
days after the conclusion of the hearing, the decision maker shall issue a written decision
in the form of an administrative order upholding, modifying, or cancelling the
administrative citation or notice of violation/order to abate. The decision maker shall state
in the administrative order the reasons for that decision, including the factual findings and
conclusions made by the decision maker. The decision of the decision maker shall be final.
B. If the decision maker determines that the administrative citation or notice of violation/order
to abate should be canceled or modified, then the city shall promptly refund the fine
deposit, or modified portion thereof.
C. If the decision maker determines that the administrative citation or notice of violation/order
to abate should be upheld or amended, the decision maker shall determine the amount of
fine to be imposed. Any fine deposit shall be retained to meet the amount imposed. In cases
of an approved hardship waiver, or outstanding fines or penalties, the decision maker shall
specify a date by which the tine or penalty is to be paid to the city.
D. In ruling on a notice of violation/order to abate, if the decision maker determines that a
nuisance does exist, the decision maker shall include in the decision an order to abate the
nuisance within ten days of mailing the decision or within such time as the administrative
hearing officer deems reasonable. If the violation implicates a First Amendment right, the
order shall also provide that the order to abate is suspended until the responsible party
exhausts or fails to exhaust any applicable judicial remedies. The administrative order shall
further state that if the nuisance is not abated within the time provided, the nuisance shall
be abated by the city at the parties' expense and the expenses may be made a lien or special
assessment against the property.
E. If the decision maker determines that a nuisance exists which is likely to recur after the
abatement, the owner may be directed to take adequate precautions for a period of time not
to exceed twelve months so that the nuisance will not recur.
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F. The administrative order shall be served in accordance with section 1.24.130. Copies of.
the administrative order shall be sent to the owner, responsible person, enforcement officer
and the city clerk.
G. The administrative order shall include a statement that the person may seek judicial
review of the administrative order by doing one of the following:
1. If the administrative order imposes fines pursuant to an administrative citation, by filing
a petition for review with the superior court in Sonoma County in accordance with the
timelines and procedures specified in Government Code Section 53069.4. Pursuant to
Government Code Section 53069.4, the appealing party shall serve a copy of the appeal
notice in person or by first class mail upon the City. Appeal notices shall be sent to the
City Clerk. If no appeal notice is timely filed, the decision shall be final; or
2. If the administrative order imposes other obligations, including requirements for
abatement, by filing a petition for a writ of mandate pursuant to Code of Civil Procedure
section 1094.5. The administrative order shall state that judicial review must be filed
no later than 90 days after the date of the decision in accordance with the Code of Civil
Procedure section 1094.6.
1.26.070 - Liability of responsible parties.
For the purposes of this chapter, each responsible party shall be jointly and severally liable
for any and all fines, fees, and penalties, and related administrative costs awarded, upheld,
assessed, or imposed under this chapter.
APPENDIX A-3: Chapter 1.27 — COLLECTION PROCEDURES
(Effective Date: February 27, 2020)
1.27.010 - Purpose and intent.
The purpose and intent of this chapter is to set forth a process so the city may collect any
past -due fines, fees, penalties or late payments charged by use of any and all available legal
means and to provide for the procedural and substantive due process rights of all persons subject
to special assessments and/or liens.
1.27.020 - Definitions.
In addition to the items listed below, unless the context clearly indicates to the contrary, the
terms used in this chapter shall have the same meaning as provided for in Chapter 1.24 of this
code.
A. "City clerk" means the city clerk of the city of Rohnert Park or their designee.
B. "City council" means the city council as the legislative body of the city.
C. "Debt" means money, property or their equivalent which is due or owing or alleged to be
due or owing.
D. "Debtor" means a person owing debt.
1.27.030 - Remedies for late, unpaid fines, fees and penalties.
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A. Any person who fails to pay the city any fine, fee or penalty imposed pursuant to the
provisions of this code on or before the date that the fine, fee or penalty is due shall be
liable for the payment of any -applicable late payment charges as set forth in the
administrative fees and fines schedule as may be adopted by the City Council, or as may
otherwise be provided for in this code.
B. All unpaid tines, fees and penalties, and late charges assessed shall be a debt to the city and
subject to all remedies for debt collection allowed by law.
C. When a violation involves real property and the fines, penalties, and related costs are not
paid within the prescribed time, the amount of those fines, penalties and their related costs
may be recorded as a lien upon and against the real property or as a special assessment, as
provided for in this chapter.
1.27.040 - Collection process.
A. Any person who fails to pay the city any fine, fee, or penalty imposed pursuant to the
provisions of this code on or before the date that the fine, fee, or penalty is due is subject
to the collection process provided in this code.
B. Whenever a notice is required to be given under this chapter, such notice may be given
pursuant to the methods listed in section 1.24.130.
C. A first notice of debt owed will be given to the debtor to pay all amounts owed to the city
by the date indicated in the notice.
D. A second notice of debt owed will be given to the debtor if the amount owed is not paid by
the date set in the first notice. The amount owed in the second notice will be owed by the
date indicated in the notice.
E. if the amount owed to the city is not received by the date indicated in the second notice,
the debt will be collected by use of all available legal means.
F. Failure to receive any notice specified in this code does not affect the validity of
proceedings conducted hereunder.
G. Nothing in this section shall be intended to prohibit the city from referring an outstanding
debt to a collection agency or from proceeding with any other method of debt collection
available to the city by law.
1.27.050 - Nuisance abatement lien.
If the city makes the cost of abatement a lien against the property on which the nuisance is
maintained, the city shall:
A. Provide notice prior to the recordation of the lien to the owner of record of the parcel of
land on which the nuisance is maintained, based on the last equalized assessment roll or
the supplement roll, whichever is more current; and
B. Follow the procedure for nuisance abatement liens set forth in Government Code Section
38773.1.
1.27.060 - Special assessment.
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If the city makes the abatement costs a special assessment against the property on which the
nuisance is maintained, the city shall:
A. Provide notice of the special assessment to the property owner by a method as listed in
section 1.24.130, if the property owner's identity can be determined from the county
assessor's or county recorder's records, at the time of imposing the assessment, which
notice shall specify that the property may be sold after three years by the tax collector for
unpaid delinquent assessments; and
B. The city shall follow the procedures set forth in Government Code Section 38773.5.
1.27.070 - Lien procedures.
Whenever the amount of any administrative fine, fee or penalty and/or administrative cost
imposed pursuant to this chapter in connection with real property has not been satisfied in full
within the time periods set forth in this chapter and/or has not been successfully challenged as
provided for in Section 126.060(G), this obligation may constitute a lien against the real
property on which the violation occurred as follows:
A. The lien shall have no force and effect until recorded with the county recorder. Once
recorded, the administrative order shall have the force and effect and priority ofa judgment
lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may
be extended as provided in Sections 683.110 through 683.220, inclusive, of the Code of
Civil Procedure.
B. Interest shall accrue on the principal amount of the judgment remaining unsatisfied
pursuant to law.
C. Prior to recording any such lien, the director of finance shall prepare and file with the city
clerk a report stating the amounts due and owing.
D. The city clerk shall fix a time, date and place for hearing such report and any protests or
objections thereto before the city council. Each protest or objection must contain a
description of the property in which the protesting party is interested and the grounds of
such protest or objection. Protests or objections shall be limited to the amount of the lien,
not the underlying violation of this code. The city council, after the hearing, shall adopt a
resolution confirming, discharging or modifying the amount of the lien.
E. The director of finance shall cause written notice to be served on the property owner no
less than ten days prior to the time set for the hearing.
F. Thirty days following the adoption of a resolution by the city council imposing a lien, the
city clerk shall file the same judgment lien in the office of the county recorder of Sonoma
County. The lien may carry such additional administrative charges as set forth by resolution
of the city council.
G. Once payment in full is received by the city for outstanding fines, fees, penalties and costs,
the director of finance shall either record a notice of satisfaction or provide the property
owner with a notice of satisfaction so they may record this notice with the office of the
county records. Such notice of satisfaction shall cancel the city's lien.
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EXHIBIT B
Compensation
Vendor costs for citation processing and collection services are fee -based, and will vary based
upon the number of citations issued and the types of processing required for each case. Much of
these processes are driven by the citation recipient, who may choose a variety of responses when
an Administrative Citation is received. These responses can range from and include:
• Remitting a fine penalty immediately;
• Requesting a Hearing;
• Failing to respond to all notices and requests for payment; Etc.
Actions that must be taken by the vendor are reactively driven by these responses, and costs
associated with processing a particular citation will vary accordingly. In most instances, charges
will vary from between 15% to 30% of the fine penalty amounts collected. These processing
charges are deducted from fine penalty amounts, resulting in a net -zero cost outlay by the City.
Hearing Officer costs are $85.00/hour.
Services as proposed — based upon an arbitrary estimate of 100 hundred citations issued per year
— are anticipated to cost approximately $3,100 per year, operating under the "Option 1" cost
schedule as provided in Data Ticket's response to the City's Request for Proposals. The
breakdown for this representative year is provided below:
Data Ticket Inc
Description of Fee
Esthnated
Amtrtal Comit
Cost
per Item
Estunated
Aimual Cost
Cost per citation issued - Adtnin
100
$ 13.00
$ 1.300.00
Notice of Violation (Est 75%)
75
$ -
$ -
Other Letters
-
$ 1.25
$ -
Refiuid Checks
5
Credit Card Charaebacks
2
Bank Rehuued Checks
2
$ -
$ -
Delht cent Cites 90 Days Past Due (Est 30%)
30
0%
$ -
Franchise Tax Board Collections- 15% of collected
(40% collected of cites sent to FTB, total $800.00)
800
15%
$ 120.00
Franchise Tax Board SSN Look L' (20%)
20
$ 2.50
$ 50.00
Advanced Collections
-
0%
$ -
Certified Letter Fee (ordy chu'se if reg.)
-
$ 5.00
$ -
Adjudication Hold and Scamtiu¢ of Documentation
10
$ -
$
Disposition Letters
10
$ -
$ -
Heaiute Schedtde Letters
10
$ -
$ -
Hearing Perfonuance- $85.00/hour
Typically 2 hefuings/hotu
5
$ 85.00
$ 425.00
Escrow Accomit- $100.00/mouth
(Optional)
12
$ 100.00
$ 1.200.00
Estunated Actual Fees
$ 3.095.00
Estunated Total Molatlilv Cost
$ 257.92
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EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Re: Administrative Citation, Hearing Officer and Collection Services
to be Provided by Data Ticket, Inc.
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set.forth below. Consultant will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set . forth here, Consultant agrees to amend, supplement or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Consultant shall provide the, following types and amounts of insurance. -
General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than
$2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1.000,000 (One Million Dollars) per accident
or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing
primary coverage above a maximum $25,000 self -insured retention for liability not covered by
primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. Policy shall contain a provision obligating
in at the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage provided is.
subject to approval of City following receipt of proof of insurance as required herein. Limits are
subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the consultant
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and "Covered Professional Services" as designated in the policy must specifically include work
performed under this agreement. The policy limit shall be no less than $2,000,000 (Two Million
Dollars) per claim and in the aggregate. The policy must "pay on behalf of the insured and must
include a provision establishing the insurer's duty to defend. The policy retroactive date shall be
on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and
City agree to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds the City, its officers, elected officials.
employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an
approved equivalent. If completed operations coverage is excluded, the policy must be
endorsed to include such coverage. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior
to a loss. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors to
do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the
City, its officers, elected officials, employees, agents, and volunteers for losses paid under
the terms of this policy which arise from the work performed by the named insured for the
City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application
of such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-
called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the -City, as the need arises. Consultant shall not make any reductions in
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1208604vl 80078/0012v2012-09
scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)
that may affect City's protection without City's prior written consent.
Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement to
Consultant's general liability policy, shall be delivered to City at or prior to the execution of
this Agreement. In the event such proof of any insurance is not delivered as required, or in
the. event such insurance is canceled at any time and no replacement coverage is provided,
City has the right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such certificates
to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self-insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City
for review.
12. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on
any portion of the insurance required herein and further agrees that -it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved
in the performance of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible or self -insured
retention, the deductible or self -insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other coverage, or other
solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Consultant,
the City will negotiate additional compensation proportional to the increased benefit to City.
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14. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to be
in furtherance of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to
inform Consultant of non-compliance with any insurance requirement in no way imposes
any additional obligations on City nor does it waive any rights hereunder in this or any other
regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that
effect.
17. Consultant shall provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at least
the same coverage. Proof that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement as required in
these specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its officers, elected officials,
employees, agents, and volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended
as limitations on coverage, limits or other requirements nor as a waiver of any coverage
normally provided by any given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue, and is not intended by any party
or insured to be limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved
in any way with the project reserves the right to charge City or Consultant for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the
cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
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23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the e7 ��c c — , and a duly
authorized representative of the firm of�c
whose address is tie a 3 {Y :x ,(, e- C A `'i'2 t j- , and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws. both
criminal and civil.
Date ignature
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DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
WHEREAS, Data Ticket, Inc. desires to grant signing and authority to certain person(s)
described hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to grant
sole signing and authority to conduct business to any one of the following person(s):
The foregoing signing, and authority granted shall include, but shall not be limited to,
the execution of Deeds, powers of attorney, transfers, assignments, contracts,
obligations, certificates, and other instruments of whatever nature entered into by this
Corporation.
The undersigned hereby certifies that he is the duly elected and qualified Secretary and
the custodian of the books and records and seal of Data Ticket, Inc., a corporation duly
formed pursuant to the laws of the state of California and that the foregoing is a true
record of a resolution duly adopted at a meeting of the Board of Directors and that said
meeting was held in accordance with state law and the Bylaws of the above -named
Corporation November 13, 2006,and that said resolution is now in full force and effect
without modification or rescission.
IN WITNESS WHEREOF, I have executed my name as Secretary of the above -named
Corporation this November 13th of 2006.
A. William Fleming
Secretary
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
Brook Wcstcott, Chief Operating Officer and Chief Financial Officer is hereby granted
sole signing authority to conduct business on behalf of Data Ticket, Inc, including but
not limited to the execution of Deeds, powers of attorney, transfers, assignments,
contracts, obligations, certificates, and other instruments of whatever nature entered
into by Data Ticket, Inc.