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HomeMy WebLinkAbout1982-07-20; City Council; Resolution 6946, 1 2 3 4 5 E 7 E s IC 11 12 12 14 If IC 1: 1E 1: 2( 2: 2; 2; 21 2! 2( 2' 21 RESOLUTION NO. 6946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SPENCE ENTERPRISES, INC., PROVIDING FOR THE COLLECTION OF DELINQUENT PARKING CITATIONS WHEREAS, the City of Carlsbad Police Department issues parking citations for violations of the Vehicle Code; and WHEW, the current system of collection of delinquent parking citations is adequate towards promoting public compliance to citations payment; and WHEREAS, the City of Carlsbad desires to operate a parking citation collection system in a cost effective manner; and WHEREAS, Spence Enterprices, Inc., currently operates a computerized citation collection system presently being utilized by the City of Carlsbad, such system that has greatly enhanced Carlsbad's parking citation collection effort. THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad hereby authorizes the Mayor to enter into the attached agreement with Spence Enterprises, Inc., providing for the collection of delinquent parking citations. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held on the 20thday of July , 1982, by the following vote, to wit: AYES: NOES: None Council Members Casler , Lewis, Kulchin, Chick and Anear ABSENT: None ATTEST: I MARY CASLF$, MAYOR 0 Page 1 of 5 THIS fUEEWNT, entered into this 22~30 day of rkrv , 1982, by and between the CITY of CARLSW, hereinafter referred to as CITY, and SPSKE IZNERFRISES INC. - CDMJ"CATIONS DIVISICN, hereinafter referred to as SE IOCM. 1. The purpose of this Agrement is the management and control of parking citation processing to optimize the recovery of revenue frcm parking violations within this jurisdiction by using the services of SEIOCM. In the furtherance of this purpose, the parties to this Agreement agree to the following terms and conditions: SERVICES XI BE FfXOVIlXD BY SEICXM 2. SEIW will provide electronic data processing services in processing all parking citations fran the date of entry into the system. .- (a) SEICXM will provide, at 1f0 additional cost to the CITY, all data entry fran source documents as provided by the CITY. Or, the CiTYrmy do the data entry and SEICQ.4 will provide the required transmission equipent, at no additional cost to the CITY. (b) SEI-4 will provide all the computer programs, written procedures and other supporting it- used in carrying out the purpose of this Agreement. All hardware and software are and will remain the property of SEICCM. (c) SEICI3iwill provide daily log files of all entries, dispositions, holds and errors as citations are processed. These logs may be discontinued by the CITY. (d) SEIOrXl will provide monthly management and statistical reporting as agreed upon by both parties to this Agreement. (e) SEIOCM will take the following action on citations entered into the systan within time limitations as specified: 1. SEICLMwi11 provide a systen that interfaces with the M/EQP Vehicle Registration Non-Urgent Inquiry Systan via magnetic tape. 2. SEIm will request Registered Owner (R/O) information neekly fran the California Department of Vator Vehicles (W) . A minim of two requests will be made for each license nunber in the system. 5 of 5 IN WJI"ESS l+HEREDF, the parties hereto have executed this Agreement the day, month and year appearing below: SEIcERl - Ci3MNIWImS DIVISICN OF MA- d - n 4 of 5 7. SEIW and the CITY agree to indamify, defend and save harmless the other party, its agents, officers and employees fran and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with each party's own operations, or its services hereunder. 8. SEICDM will furnish the CITY a Certificate of Insurance evidencing caqliance with the worker's ccklpensation acts and the general liability requirements of the CIW. 9. Any notices, requests, danaands or other cmnications required or permitted by this Agreement shall be deened to be properly given when deposited in the United States mai 1, postage prepaid or when deposited with a public telegraph cqany for transmittal, charges prepaid, and addressed: For SEIUX: SEIW P.O. Box 2308 Fullerton, CA 92633 For CITY: CITY of CARLSBAD 1200 EUIST" CXEUSW, CA 92008 10. This Agreement, including exhibits attached hereto, constitutes the entire Agreement of the parties concerning the subject matter hereof and supereedes all prior and contemporaneous agreements between the parties. This Agrement my be amended only by an instrment in writing which expressly refers to this Agreement and specifically states that it is intended to amend it. 11. This Agrement will not be assigned without written permission of the CITY, which pemission will not be unreasonably withheld. 3 of 5 4. (a) The CITY shall pay to SEICDA, for each citation entered into the system, a charge pursuant to the following schedule: CitationsMnth Cost/Citation under 10,000 $.60 10,000 - 19,999 $. 55 209000 499999 $- 50 50,000 or more Special mote (b) The above prices include one copy the below 1istedManaganent Reports : 1. Monthly Citation Status Report 2. 3. Monthly Citation Disposition &port Monthly Citation/License Cross Reference Index Custm reports will be an additional cost of $.02/Citation/Report. (c) TheCITYwill not be billed for citations entered in error by the CITY if the CIn notifies SEICCM within five (5) clays to purge the citation frm the system. .^ 5. (a) The Period of Performance under this Agreanent 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 may be annually renewed for additional one (1) year periods by the mtual Agreanent of both parties. In the event of subsequent renewals, SEIaM shall be entitled to an increase in the price schedule. Said price increase shall not exceed the total percentage increase for the preceding renewal month in the U.S. Department of Labor, Bureau of Labor Statistics, all urban Constpner*s Price Index for the Los Angeles, Long Beach and Anaheim areas. (d) This Agreement may be terminated by either party upon thirty (30) days written notice to the other party, after ninety (90) days from the execution ot this Agreement. 6. SEICCM will bill the CIW after the first of every month for the 2"nt: of citations entered into the system during the previous calendar month. The price will be pursuant to paragraph 4 of this Agreaent. 2 of 5 3. SEIOCMwill produce and mi1 a "Notice of Illegal Parking" (NOI) forin to the R/Owithin thirty-five (35) to forty-five (45) days after the issuance date of the citation, The thirty-fifth (35) to the forty-fifth (45) day period. shall exclude holidays and tveekends. The NO1 form mst be approved by the court/city, include a nonpost paid return envelope to the appropriate collecting agency, and show a new due date thirty (30) days fran the date of the NOI. 4. SEIOCM will send a "Hold Notice" to DN, via magnetic tape, within five (5) to fifteen (15) days after the due date on' the NI)I if no disposition has been received by SEIOCTA by that date. SEICDvS will also have the ability to release "Holds" via magnetic tape upon disposition of the citation. These dispositions can be macle either by the court or AW and will be input into the system by SEICXM. All interfaces with IhV mst meet the specifications dictated by IBW. 5. Open citations (no disposition) will be purged frrm the systen three hundred sixty-five (365) days frcm the date of 'DAV Hold" and the data will be returned to the CITY in hard copy or magnetic tape media. 6. The CITY may be entitled to reimbursement of fees paid to SEI(xM for any citations not processed by SEICCM within above described time parameters. SEI034 shall not be responsible for delays due to situations beyond its control, such as delay or faulty information by the DWN, or a judicial district or issuing - agency failure to provide citation or source documents in a timely manner for entry into the system. the (f) Citations issued to Out-of-state license numbers will be entered and cleared on disposition the same as In-State citations. When no disposition is received these citations are processed seperately from the In-State citations. Requests for R/O information will be sent to the appropriate Out-of-state EhN. The NDI and follow-up notices will be generated to the R/O and the bail amount requested. Return payments will be made to the collecting agency as designated by the court. All costs for this follow-up processing, including Out-of-state W charges will be incurred by SEICCM. SEImA will receive fran the CITY, fifty percent (~WO) of the revenues received fran OLat-of-State citations after the MI. SEI(33M will bill this amount monthly for the prior month. (g) Once the citations have been entered into the system, it will be the responsibility of SEIOZM to ccanplete all the processing reqrtired by the Agreement, even after the termination of this Agreement- DWIES OF IIHE CITY 3. It shall be the duties of the CITY to forward citation or source documents to the court or SEIOCM. All citations and dispositions will be picked-up from the court by SEI(XM. The information will be entered into the system by SEICKM If the CITY elects to do the data entry at a later date, SEIm4wi11 provide the CRT and other equipent necessary for the transmission of that data. The CI'TY shall pay the phone charges required for data transmission if the CITY does the data entry.