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HomeMy WebLinkAboutCC 8 PARKING CITATIONS - HEARING OFFICER 02-02-87 NO. 8 2T2T87 Inter- Corn JANUARY 26, 1987 TO: FROM: S U BJ ECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT AGREEMENT' FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND THE CITY OF TUSTIN Recommendation That Council execute attached contractual agreement with Turbo Data Systems for the processing of Tustin Police Department parking citations. Background The Police Department has utilized Turbo Data Systems (formerly PADS) to process parking citations since 1982. There has never been a formal agreement existing between the City of Tustin and Turbo Data Systems. They have requested we execute the attached agreement to formalize the working agreement we have had. Turbo Data is charging 854 per citation for processing. This processing includes all late notices and DMV holds necessary to effect collection of the fine. The Police Department averages approximately 340 citations per month. During the first half of Fiscal Year 86/87, revenue was $46,336. Other vendors were surveyed for parking citation processing. Costs ranging from $1.10 per citation to 79~ per citation were received. The low cost was for a volume of 4,000 citations per month, far exceeding our volume. The cost quoted us by Turbo Data is the lowest received for our volume of parking citations. An additional factor for consideration, is that the cities of Tustin and Fountain Valley split equally 3.75% of the annual receipts for citation processing through June, 1987. This was a portion of the sales agreement when the cities of Tustin and Fountain Valley sold PADS to Turbo Data Systems, Inc. It is recommended that the agreement be executed. CRT :dh Inter-eom TO: FROH: SUBdECT: CAPTAIN FRED WAKEFIELD CITY ATTORNEY AGREEMENT FOR PROCESSING OF PARKING CITATIONS BETWEEN TURBO DATA SYSTEMS AND CITY OF TUSTIN Please find enclosed the Agreement between the City of Tustin and Turbo Data Systems relative to the processing of parking citations, which we have revised and approved as to form. If you should have any questions with regard to this matter, please do not to contact the undersigned. S~ANNE ATKINS i~ ~. ROURKE Deputy City Attorney ty Attorney JGR:SA:pj(L5.) Attachment cc: WH ~FOR~OF~~ THIS AGREEMENT is made and entered into, to be effective this day of , 1987, by and between TURBO DATA SYSTEMS, INC., a California corporation ("Turbo"), and the CITY OF TUSTIN, a municipal corporation ("City"). WHEREAS, Turbo and City desire to enter into an agreement whereby Turbo will process parking citations for City pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, representations and warranties contained herein, the parties hereby agree as follows: Section 1: Scope 9_~ Services. When and as directed by City, Turbo shall perform the following services in processing all City parking citations: A. Turbo shall process all parking citations delivered to Turbo by City until such time as Turbo is (1) notified of the final disposition of citations; or (2) thirty (30) months has passed after the date of citation. B. Turbo shall provide monthly reports indicating the status of all citations, which reports shall be delivered to City no later than the thirtieth (30th) day of the following month. C. Turbo shall attempt to obtain the names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their delinquent date. D. Turbo shall print the required Notice of Violation and mail such Notice-.to each registered owner whose name has been retrieved within thirty (30) days after the citation.has become delinquent; provided, however, that in processing any citation which was delinquent as of the effective date of this Agreement, Turbo shall have two (2) months to mail the Notice of Violation to the registered owner. The delinquent period shall be extended whenever there is an unusual delay in delivery of information or citations to Turbo. E. Turbo shall transmit a Notice of Delinquency to the California Department of Motor Vehicles ("DMV") for citations issued in California to vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and Turbo has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the DMV within thirty (30) days after the date specified by City to be the DMV date. F. Turbo shall notify the DMV that a Notice of Delinquency has been cleared within thirty (30) days after Turbo has received notification of clearance. G. City shall be responsible for delivering all citations, payment information and records of disposition to Turbo at the address set forth in Paragraph 18 below. H. Turbo shall not be responsible for collecting or receiving payments on violations or citations. I. Turbo shall process citations on vehicles not registered in California by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. Turbo shall have no further obligation to process citations on non-California registered vehicles. Turbo shall be entitled to full citation payment after it has entered the citation information into the system database. Section 3: Term_. This Agreement shall be in full force and effect for a period of one (1) year; provided, however, the Agreement shall automatically be extended annually for one (1) year periods unless either party gives the other party at least sixty (60) days notice of its intent to term'inate this Agreement. Section 4: ~ation. In consideration for services performed by Turbo, as provided in this Agreement, City shall pay Turbo pursuant to the terms set forth in Exhibit "A", entitled "Consideration", which is attached hereto and incorporated herein by this reference. Section 5: Pa~_meDt of Fees. Charges determined on the basis set forth in Exhibit "A" shall be billed on a monthly basis, and payment therefore shall be made by City within thirty (30) days after submiss~ion of each separate invoice. Section 6: A¢¢ountina Records. Records of the citations processed by Turbo shall be available for examination by City or its authorized representative(s) at a time mutually agreeable to the City within one (1) week following a request by City to examine such records. Failure by Turbo to. permit such examination within one (1) week of a request shall permit City to withhold all further payments until such examination is completed unless an extension of time for examination is authorized by City in writing. Section 7: T.i. me of Perfor_mance. Time is of the essence, and Turbo shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement as set forth in Section 1 herein. Section 8: I~deDendent Contractor. At all times during the term of this Agreement, Turbo shall be an independent contractor and shall not be an employee of City. City shall have the right to control Turbo only insofar as the results of Turbo's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Turbo accomplishes the services rendered pursuant to this Agreement. Section 9: Facilities and _Equipment. Turbo shall, at its own cost and expense, provide all facilities and equipment which may be required for performance of the services required pursuant to this Agreement. _~ 10: Indemnification. Turbo is skilled in the professional calling necessary to perform the services and duties agreed to be performed by Turbo under this Agreement, and City relies upon the skill and knowledge of Turbo to perform said services and duties in the most skillful and professional manner. Therefore, Turbo agrees to indemnify, hold harmless and defend every officer, employee and agent of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought by any pers.on or persons and from all costs and expenses of litigation brought against City, its officers, agents and employees, by reason of injury to any person or persons, including but not limited to officers and employees of Turbo, or damage, destruction or loss of property of any kind whatsoever and to'whomsoever it may belong, including, but not limited to, that act of Turbo resulting directly or indirectly from any negligent act or omission by Turbo or any person employed by Turbo in the performance of this Agreement. ec~ 11: Liability Li_mi~ation and Indemnification kY ~it~. Turbo shall use due care in processing work of City but Turbo shall be responsible only to the extent of correcting any errors which are due to the equipment or personnel of Turbo; such errors shall be corrected by Turbo at no additional charge to City. Turbo shall be 'entitled to reimbursement from City for any expenses incurred by Turbo for the correction of any 'erroneous information provided by City, and Turbo shall not be responsible for City's losses and expenses resultin~ from erroneous source materials provided by City. Neither party shall be liable to the other for any indirect or consequential losses or damages. City shall indemnify and hold harmless Turbo and its officers, directors, shareholders, employees and representatives from any and all claims, demands, liability, damages and judgments arising out of erroneous information provided by City. Section 12: pair EmD~_0~y_ment Practices/Eaual Opportunit~ Acts. In the performance of this Agreement, Turbo shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections 410 et seq.), and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. Section 13: Aaency. Except as City may specify in writing, Turbo shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Turbo shall have no authority expressed or implied, pursuant to this Agreement, to bind City 'to any obligation whatsoever. Section 14.. Changes in Law. Should there be any changes in the law applicable to the processing of parking citations which would require material changes in the method of the processing as contemplated in this Agreement, or materially reduce or eliminate the amount of revenue received by City from parking citations, this Agreement shall terminate on the date such law becomes effective, provided either party gives sixty (60) days notice of termination. Any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations, which do not materially add to the cost of processing such citations by Turbo shall be implemented by Turbo at the request of City; provided, however, that the cost of such implementation does not exceed the cost to Turbo of performing such services. If- any such change results in the cost of processing citations exceeding the amounts provided for in Section 4 and City declines to amend this Agreement to provide for the payment of such increased costs, the Agreement shall terminate as of the effective date of the change in the law or regulations. Section 15: Qwnership. City acknowledges that the software and software programs used by City or used for City's benefit which were developed by Turbo are the sole property of Turbo, and City obtains no right or interest in the software by virtue of this Agreement. Section 16: ]~orce Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other disasters. Section 17: Termination. This Agreement may be terminated by either party upon sixty (60) days' written notice after the end of the first year. Section ~_$_: Notice: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail Turbo Data Systems, Inc. 14742 Newport Avenue, Suite 104 Tustin, Ca. 92680 CITY: City of Tustin 300 Centennial Way Tustin, Ca. 92680 unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. ~ 19: Extent of Agreement. This Agreement represents the entire and integrated Agreement between City and Turbo and supercedes any and all prior negotiations, representations or agreements, either written or oral. This Agreement may be addressed to: TURBO: amended only by written instrument signed by both City and Turbo. This Agreement may only be assigned with the express written consent of each of the parties hereto. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. Section 20: Attorneys' Fees. If any legal action or any other proceeding is brought to enforce the terms of this Agreement, or because of an alleged dispute, breach or misrepresentation in the connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. TURBO DATA SYSTEMS, INC. By: Roberta J. Rosen, President CITY OF TUSTIN, a municipal corporation By. ATTEST: Mayor City Clerk APPROVED AS TO FORM: JAMES G. ROURKE, CITY ATTORNEY JGR :SA :pj (L1): 12~9/8~? ~ ~ ~aI CONSIDERATION City shall pay Turbo for the listed services at the amounts sh own: Processing per Citation $.85 Due to the fact that fees for processing services are determined by unit and that there are certain fixed costs required to perform these services, regardless of volume, the minimum monthly invoice amount shall be $150.00. If postal rates increase during the term of this Agreement, the compensation to Turbo shall be raised immediately to offset the effect of the postal rate increase. For each additional year that this Agreement continues due to the failure of either party to terminate this Agreement pursuant to the provisions of Paragraph 3, the cost per item set forth above shall be adjusted as follows: The United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for all Urban Consumers, Los Angeles Long Beach - Anaheim, California: All items (Base Year 1967) ("Index") which is published for the date nearest the start date of each contract year ("Adjustment Index"), shall be compared with the Index published from the date nearest the date of execution of this Agreement ("Beginning Index"). If the Adjustment Index has increased over the Beginning Index, the cost per item payable by the Customer during each contract year subsequent to the first contract year shall be determined by multiplying the processing fee set forth above by a fraction, the numerator of which is the Adjustment Index and the denQminator of which is the Beginning Index. In no event shall the fee charged the Customer be less than the amount set forth above. In no event shall the fee charged to the Customer increase more than ten (10%) percent per contract year. DELIVERY SERVICE SERVICE PROVIDED FREE OF CHARGE 10 COLLE CT I ON S E RVI CE NOT APPLICABLE 11 EXHIBIT "D" OUT OF STATE PROCESSING SERVICE NOT APPLICABLE 12