HomeMy WebLinkAbout1982-07-20; City Council; Resolution 6946,
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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
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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.
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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
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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.
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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.
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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.