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HomeMy WebLinkAbout1982-07-20; City Council; 6661-1; Parking Citation Management Program Agreement0 LLJ > 0 c:: a. a. <( z 0 § < ..J 0 z ::, 0 (.) I •, --------------------------,--------;7 ,.,.. p, CITY OF CARLSBAD --AGENL-~ BILL AB# &de&if-#J TITLE: MTG-7-::lD "J'::1.._ DEPT. POLICE AGREPMENT BETWEEN TI-IE CI'lY OF CARLSBAD AND S~ENCE F.NI'ERPRISES, INC., FOR PARKING CITATION MANAGF.MENT PROGRAM OEPT.HD~t CITYATTY S~ CITYMGR.:-;;)11--- RECOMMENDED ACTION: That the City Cotmcil adopt Resolution No. (r, q "( (n authorizing the Mayor to execute this agreement with Spence Enterprises, Inc., for the purpose of cohtinu- ing the parking citation management program. ITEM EXPLANATION: Tne City of Carlsbad is presently operating its parking citation program fa a cost efficient manner. During the fiscal year 1981-82 the City of Carlsbad negotiated a contract with Spence Enterprises, Inc., of Fullerton, California to provide a computerized parking citation program. Spence Enterprises, Inc., also known as "SEICa-1" provided. this entire service for $0. 75 per citation. Hm.,rever, the new contract calls for an increase of $0 .03 per citation for the 1982-83 fiscal year. The major advantage of the system provided by "SEICQ'"1" is that it provides the City of Carlsbad with a program that virtually guarantees that as long as the vehicle is licensed in the State of California, any parking citation issued by the City of Carlsbad can be collected. FISCAL IMPACT: Contracting with "SEICCM" for parking citation management will generate approxi- mately $32,400 in annual gross revenue, offset by approximately $6,156 ~ expenses, resulting in a net gain of $26,244 to the City of Carlsbad. EXHIBITS: 1. Resolution No. fR q 'IJi 2. Renewal Agreement Between City of Carlsbad and Spence Enterprises, Inc. I J. RESOLUTION NO. 6946 ---- 2 A RESOLUI'ION OF 1HE CI1Y COUNCIL OF 'IHE CITY OF CARLSBAD, CALIFORNIA, AlTfHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WI11-I SPENCE ENTERPRISES, 3 INC., PROVIDING FOR 'IHE COLLECTION OF DELINQUENT PARKING CITATIONS 4 WHEREAS, the City of Carlsbad Police Department issues parking citations 5 for violations of the Vehicle Code; and 6 1\1HEREAS, the current system of collection of delinquent parking citations 7 is adequate towards promoting public compliance to citations payment; and 8 \\'HEREAS, the City of Carlsbad desires to operate a parking citation 9 collection system in a cost effective manner; and 10 \~BEREAS, Spence Enterprices, Inc., currently operates a computerized lJ. citation collection system presently being utilized by the City of Carlsbad, 12 such system that has greatly enhanced Carlsbad's parking citation collection 13 effort. 14 'IHEREFORE, BE IT RESOLVED that the Clty Council of the City of Carlsbad 15 hereby authorizes the Mayor to enter into the attached agreement with 16 Spence Enterprises, Inc., providing for the collection of delinquent parking 17 citations. 18 PASSED, APPROVED .AND AOOPTED by the City Council of the City of Carlsbad 19 at a regular meeting held on the 20th day of July 20 following vote, to wit: , 1982, by the 21 22 AYES: Council Members Casler, Lewis, Kulchin, Chic.1< and Anear NOES: None 23 ABSENT: None 24 MARY CASLE, 25 ATfEST: 26 27 28 rlld/y;.,_ / R aJ~~) ALI.:111/\ L. Rl\lJl'ENKRJ\NZ , Cl'IY CLL:RK (SEAL) ' t I I I J ' ,•, Page 1 of 5 SERVICE AGREI.W.a.JT '!HIS JffiEf:.Y.ENT, entered into this ~O day of _;n,.~1_, 1982., by and between the CI'IY of CARLSBAD, hereinafter referred. to as CI'lY, and SP.Er-CE ENTERPRISES ll\-C. CCMvlNICA.TIO..'-JS DIVISICN, hereinafter referred to as SEiro..1. PURFOSE 1. The purpose of this Agreement is the management and control of parking citation processing to optimize the recovery of revenue £ran parking violations within this jurisdiction by using the services of SEICDv1. In the furtherance of this purpose, the parties to this Agteement agree to the folloNing terms and conditions: SERVICES 'ID BE :ffiOVIDED BY SEICXM i. SEICCM will provide electronic data ~:ocessing services in processing al 1 parking citations fran the date of P.r.t.ry into the system. -.. (a} SEICQvt wil 1 provide, at no additional cost to the CI'lY, all data entry frcm source docunents as provided by the CI'IY. Or, the CI1Y nay do the data entry and SEICCM will provide the required transmission equiixnent, at no additional cost to the CI1Y. (b) SEl~i will provide all the COiqJUter progrmns, written procedures and other supporting i terns used in carrying out the purpose of this Agree:nen t. Al 1 hardware and software are and wi 11 remain the property of SEIOJ.\1. (c} SEIG:Mwill provide daily log files of all entries, dispositions, holds and ~rrors as citations are processed. 1'hese logs n-ay be discontinued by the CITY. (d) SEICCM will provide rronthly manage:nent and statistical reporting as agreed upon by both parties to this Agreement. (e) SEICCM wi 11 take the following act ion on citations entered into the systun within time limitations as specified: I. SEI<D,iwill provide a system that interfaces with the CMI/FJJP Vehicle Registration Non-Urgent Inquiry Sys tan via magnetic tape. z~ SEICX:M will request Registered C>.vner (R/0) inforr..,1tion w-:?ckly frcn1 the California Department of ?\1otor Vehicles (LlvW). A minimum of hm requests wi 11 be made for each l iccnse mmber in the system. _. ......... ----,.,,.----------------- Z of 5 3. SEICXlv1 wi 11 proc!ucc ~md mail a "No ticc of Illegal Parking" (IDI) form to tlH-: R/0 within thirty-five (35) to forty-five (,15) days after the issuance date of the citation. The thi rty-fi £th (35) to the forty-fifth (,15) day period shall exclude holidays and weekends. The NOI form rrust be approved by the court/city, include a nonpost paid return envelope to the appropriate co\ lcct ing agency, and show a new due date thirty (30) days fran the date of the N'.)I. 4. SEICX:M will send a "Hold Notice" to llvll/, via nngnetic tape, within five (5) to fifteen (15) days after the due date on· the N:)J. if no disposition has been received by SEiroA by tliat elate. SEICXl\.1 wi 11 al so have the ability to release "Holds" via rrognet ic tape upon disposition of the citation. These dispositions can be made either by the court or D.\W and wi 11 be input in to the system by SEICCM, All interfaces withD.vrvm1st r.ooet the specifications dictated by Ilv1V. 5. Open citations (no disposition) will be purged £ran the systen three hundred sixty-five (365) days £rem the <late of "DIN Hold" and the data wi 11 be retumed to the CIT'f in hard copy or magnetic tape media. 6. The CIT'f tray be entitled to rehr.hursement of fees paid to SEI<XM for any citations not processed by SEICO\.i within the above described titre parameters. SEI<XlvI shall not be respon::.ible for delays due to situations beyond its control, such as delay or faulty inforn:ntion by the VNN, or a judicial district or issujng agency failure to provide d tat ion or source cloctnnents in a timely manner for entry into the systan. ( f) Citations issued to C>..tt-of-Statc license numbers wi 11 be entered and cleared on disposition the same as In-State citations. When no disposition is received these citations arc processed seperately from the In-State citations. Requests £or R/0 information wi 11 be sent to the appropriate CX1t-0£-State C\\1V. TI1e 1'01 and follow-up not ices wi 11 be generated to the R/0 and the bail amount i"equested, Return payrr.ents will be m-J.de to the collecting agency as designated by the court. All costs for this follow-up processing, jncluding Out-of-State DIN charges wil 1 be incurred by SEI00\1. SEICtM wi 11 receive frcm the CITI, fifty percent (50%) of the revenues received £ran O.lt-0£-Statc citations after the NOI. srm::0.1 wi 11 bi 11 this rox>unt monthly for the prior month. (g) Once the citations have been entered into the system, it will be the responsibility of SEICXM to ccuplcte all the processing required lly the Agreement, even after the termination of this Agrccm~1t. rurrns OF 1HE CI'lY 3. It shall be the duties of the Cl'IY to forward citation or source documents to the court or SEIC.Ov!. All cit,,tions and dispositions will lle picked-up from the court by SEia:t...!. 111e infom1at ion wi 11 be entered in to t:hc system by SEIC.0..1. Ir the CI'1Y elects to do the data entry a.i. a later date, SEIC.tM wi 11 provide the CRT and other cqui11ncnt necessary for the transmission of that tlatn. The CITI shall pay the phone charces rcquirc:d for data transmission if the CI'IY docs the clata cnh·y. / ... "' 3 of 5 CXlvPENSATIQ'\l 4. (a) The CI'lY shall pay to SEICQJ, for each citation enterecl into the system, a charge pursuant to the fol lowing schedule: Ci tat ions/W.onth under 10,000 10,000 -19,999 zo,ooo -49,999 SO, 000 01· more Cost/Ci tat ion $.60 $.55 $.50 Special Q.1ote (b} The above prices include one copy the below listed ManagEinent Reports: 1. Monthly Citation Status Report 2. Monthly Citation/License Cross Reference Index 3. Monthly Citation Disposition Report Custom reports wi 11 be an additional cost of $.02/Ci tat ion/Report. .;.. (c} The CI'lY will not be billed for citations entered in error by the CIT'l if the CITY notifies SEICCM within five (5) days to purge the citation fran the system. PERICO OF PERFOWANCE 5. (a) TI1e Period of Performance under this Agreement shall be for one year to begin on July 1, 1982 and terminate on June 30, 1983. (b) Any extension of this Agreement shall be renegotiated thirty (30) days prior to its termination. (c) The term of this Agreement m:1.y be annually renewed for additional one (1) ye.tr periods by the m.itual Agreement of both parties. In the event of subsequent renewals, SEICXM shall be cnt i tlcd to an increase in the price schedule. Said price increase shall not exceed the total percentage increase for the preceding renewal month in th~ U.S. Deparbnent of Labor, Th.treau of Labor Statistics, all urban Consumr's Price Index for tl:e Los Angeles, Long Beach and Anaheim al'eas. (d) This Agl'emient nny be terminated by either party upon thirty (30) days written notice to the other party, after ninety (90) clays fran the c>:ecution ot this Agreement. 6. SEICCM will bill thcCI1Y after the first of every month for the rnoount of citations entered into the system during the previous calendar rmnth. 111c price will be pursuant to paragraph 4 of this Agreanent. 4 of 5 INDE?vNIFICATICN, HY'..D HAR\LESS AND INSlllWCE 7. SEICOM and the CI1Y agree to indmmi fy, defend and save harmless the other party, its agents, officers and anployees £ran and against any and all liability, expense, including defense costs and legal fees, and clain~ for damages of any nature whatsoever, including, but not lirni ted to, bodily injury, death, personal injury, or property drouge arising from or connected with each party's oon operations, or its services hereunder. 8. SEI(Q.,,f will furnish the CI1Y a Certificate of Insurance evidencing COlll)liance with the worker's ccn:pensation acts and the general liability requi remen.ts of the CITY. J\DfICES 9. Any notices, requests~ demands or other cannmications required or permitted by this Agre~nt shall he deemed to be properly given \\-hen deposited in the United States mail, postage prepaid or when deposited with a public telegraph c~any for transmittal, charges prepaid, and addressed: For SEICO...t: SEICCM P.O. Box 2.308 Fullerton, 0\. 92.633 For CI1Y: CI1Y of O\RLSBAD 12.00 ELM STREET CARLSB1'1D, CA 9 2008 ENTIRE AGREEMENT 10. TI1is Agreement, including exhibits attached hereto, constitutes the entire Agreement of the parties concerning the subject matter hereof and supercedes all prior and contemporaneous agreements between the parties. This Agreement nny be amended only by an instrt.nnent inwritingwhich expressly refers to this Agreement and specifically states that it is intended to mnend it. ASS ICNv!ENr 11. TI1is Agreernent will not be assigned without written permission of the CI'IY, which pennission will not be unreasonably withheld • ....... -.... .,._ ______ ,, ... _______ ,~---··----.,..-............ ~·--,..,. ... _.,.._..,.. __ .... ··-·., ..... -............. -.... ---~ .. ---· - / .. 5 of 5 IN WI'INESS \\HERi:DF, the parties hereto have executed this Agreement the day, month and year appearing below: SEICCM -<X:Mv1lNIQ\."C'IONS DIVISICN OF SPEN:E I!Nl'mffiISES ~TID N.~ PRESIIDTI' CI'IY OF CARLSBAD INITIATED BY: ~ --=-,~ :p;, OIIEF • .. ....,