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Home My WebLink About1999-249 " 1 ,. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , (See Companion Item Res 1999-2101 Resolution No, 1999-249 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AMENDING RESOLUTION 1999.210 TO ALLOW 120 DAYS FOR EXECUTION OF THE AGREEMENT WITH THE CITY OF INGLEWOOD FOR PARKING CITATION PROCESSING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution 1999-210, which approved an agreement with the City of Inglewood for parking citation processing services, is hereby amended to have Section 2 read as follows: "SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within 120 days following the effective date of the Resolution," I I / I I I I / I / / / / / I //1/1 //1/1 ///1/ / / / / I I I / I / //1/1 I / / / I " ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 1999-249 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AMENDING RESOLUTION 1999.210 TO ALLOW 120 DAYS FOR EXECUTION OF THE AGREEMENT WITH THE CITY OF INGLEWOOD FOR PARKING CITATION PROCESSING SERVICES. .' I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of October , 1999, by the following vote, to wit: Council Members: Ayes Nays ESTRADA x x LIEN x MCGINNIS SCHNETZ x (V ACAN1) - 5th Ward ANDERSON -1L. MILLER x Abstain Absent )1' ..1 I..;" y/ . Q' " &JJ.J!li&(i/iUl1,;'. ;,(; 'i ~ City Clerk 0 ~fr The foregoing resolution is hereby approved this October , 1999, day of Approved as to form and Legal content; James F. Penman, City Anorney By,t-- 76 2 .Z{k~ Ju 'th Valles, Mayor City of San Bernardino i999-iio and 1999-249 i (Copy - Original Attached to Res 1999-210) ( 99-461 Exhibit A PARKING TICKET PROCESSING THIS AGREEMENT made and entered into this day of r1~/ 11".1999, by and between the CITY OF INGLEWOOD, hereinafter referred to as "INGLE OOD" and the CITY OF SAN BERNARDINO, hereinafter referred to as "SAN BERNARDINO"; WHEREAS, SAN BERNARDINO is desirous of obtaining computer services to automate its parking citation processing; NOW, THEREFORE, in consideration of the premises, the parties hereto agrees as follows: I SCOPE OF SERVICES 1. CITATION PROCESSING SERVICES- .. . (A) INGLEWOOp-will provide the capability for SAN BERNARDINO to add new citations to the cllt:r!=nt ~itation Master File. (B) INGLEWOOD will provide the capability to enter cash payments to the system, and after balancing, update the current Citation Master File with payment data. (C) INGLEWOOD will provide the capability for SAi.'l' BERNARDINO to correct cash and citation errors. . (D) INGLEWOOD will provide the capability for SAi.'l' BERNARDINO to print all reports required to audit and control the process performed as (A), (B), and (C) preceding, (E) INGLEWOOD will provide a monthly summary of citations entered, citations paid, and citations cleared. (F) INGLEWOOD will obtain vehicle registration data and add to the Citation Master File so notices of delinquency can be mailed. (G) INGLEWOOD will prepare "Final Notice of Illegal Parking" for delinquent citations. This final notice shall contain the information specified in Section 40207 of the Vehicle Code. These notices to be either sent to SAi.'l' BER.'l'ARDINO or mailed depending upon SAi.'l' BERNARDINO's request. All postage charges will be paid by SAi.'l' BERNARDINO, \ (H) (1) (J) (K) (L) INGLEWOOD will prepare a computer output supporting the notices prepared for mailing, INGLEWOOD will prepare notification of citations going to lien for D~[v. A supporting computer output to be prepared for SA.'l' BER.'\[ARDINO, INGLEWOOD will delete any unpaid citations pursuant to DiYf\;" procedures based on the last entries to the "Purging Months Complete and Incomplete" fields of the City control record. INGLE WOOD will maintain a historical backup file of all paid and purged citations based on the last entries to the "Purging ~fonths Complete and Incomplete" fields of the City control record, INGLEWOOD will adhere to a mutually agreeable citation processing schedule, 1 . " ,1999~210 and 1999-249 r (M) INGLEWOOD will coordinate with the state DMV to prepare a vehicle registration hold (lien) for each citation processed by INGLEWOOD which meets the statutory requirements of the DMV lien process, (N) INGLEWOOD will provide SAN BERNARDINO video display terminal(s) and/or personal computer(s), printer(s) and requisite maintenance for direct connection into the INGLEWOOD Computer Center, A frame relay line is to be acquired and paid for by SAN BERNARDINO, (0) All SAN BERNARDINO citation data remains the sole property of SAN BERNARDINO. (P) SAN BERNARDINO agrees to pool half of all money collected from citatidns issued to out- of-state vehicles into a Replacement Hardware fund for the purpose of replacing and/or repairing on-site equipment. (Q) INGLEWOQD reserves the right when necessary, with prior notice and consent to make the entire system unavailable, for hardware and software maintenance. It is understood that the event will be rare, and that consent will not be unreasonably withheld. 2. DELINQUENT CITATION PROCESSING SERVICES- (A) SAN BERNARDINO agrees to fully cooperate with INGLEWOOD, :', (B) To provide INGLEWOOD with all information deemed necessary for the performance of its services under this Agreement. II COMPENSATION 1. CITATION PROCESSING SERVICES - SAN BERNARDINO agrees to pay INGLEWOOD for it's services the sum of $1.25/citation processed by the system for the first 50,000 citations, Over 50,000 citation the sum of $,95/citation and over 200,000 the sum of$,75/citation, plus the prevailing U.S, first class postage rate, plus a 5 cent mailing service charge for each Illegal Parking notice postcard or a 9 cent service charge for each letter it chooses to havemailedbyINGLEWOOD.Mailing services are optional and may be initiated or discontinued by SAN BERNARDINO at any time. Invoices for services rendered under this Agreement will be prepared by INGLEWOOD and submitted to SAN BERNARDINO on a monthly basis, Invoices are to be paid within thirty (30) days after receipt, Should SAN BER..c"lARDINO require the assistance of INGLE WOOD in the data entry of citations, the processing of cash payments, or the handling of administrative questions, these services will be provided at the City's current rates (per schedule 1), subject to annual adjustment by mutual agreement of the parties or their designated representatives), 2, DELINQUENT CITATION COLLECTION SERVICES INGLEWOOD will, allow Sfu"l BER..c"lARDINO to participate in INGLEWOOD's Delinquent Citation processing program. Said program includes the mailing of individually prepared collection letters and, if requested by Sfu"l BER..."lARDINO, the placing of offsets against the violator's State Tax Returns and/or Lottery Winnings. In addition, other similar collection efforts may be included 2 .. 1599-210 and 1999-249 ~der the program as au!. ,zed by SAN BERNARDINO and ag(' to by INGLE WOOD. The fee for said services, if authonzed, shall be 15% of the gross revenues received from citations processed using any of the above described collection mechanisms. In addition, the direct expenses associated with this process (not to exceed $2.00/citation :$0.50 for delinquent letter mailing charges and $1.50 for State Offset Services) will be deducted from the gross revenues, . The City also agrees to authorize the Project Manager, at hislher sole discretion, to allow Inglewood to direct the $3.00 registration hold fee that would have otherwise been paid to the DMV to be used to offset direct costs in the processing of delinquent accounts, when, and as applicable as a part of a delinquent strategy. 3, CONVERSION The fees for the conversion of SAN BERNARDINO's existing system to the INGLEWooD Citation Processing System will be as follows: $0.35/citation for all citations that do not require either delinquent notices Or the placing or removal ofDMV registration holds and $0.75 (plus postage and mailing expenses) for all other citations, Optionally, rather than paying for a conversion on a per citation basis, SAN BERNARDINO may compensate INGLEWooD for conversion in the amount of 15% of gross revenues received, after the date SAN BERNARDINO approves this agreement, from all citations issued prior to the date SAN BERNARDINO's data base is converted. lIT CONFIDENTIALITY OF DOCUMENTS All of the data prepared assembled, or maintained by INGLEWOOD under this Agreement are confidential and INGLEWOOD agrees that they shall not be made available to any individual or organization without the prior written approval of SAN BERNARDINO, or upon proper court order. All SAN BERNARDINO citation data shall be the property of SAN BERNARDINO, IV DISCRIMINATION INGLEWOOD agrees that during the performance of this Agreement, it will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age or national origin, V DURATION TIlls Agreement to remain in effect, until canceled by either party, with a 90 day written notification, At such time, INGLEWOOD agrees to provide SAN BER.J.'J'ARDINO, in computer readable form, a copy of all data files necessary to process its citations, VI INDE.MNIFICA TION A. Neither SAt'J' BERNARDINO nor any officer or employee of SAt'J' BERNARDINO shall be responsible for any damage or liability occurring by reaSon of anything done or omitted to be done by INGLEWOOD under or in connection with any work, authority or jurisdiction delegated to INGLEWOOD under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 INGLEWOOD shall fully indemnify, defend and hold SAN BER.'J'ARDINOharrnless from any liability imposed for injury (as defined by Government Code Section 810,8) occurring by reason of anything done or omitted to be done by INGLEWOOD under 3 .,- , d 1999-210 and or in cOIlJ:).ection with any work/authority or jurisdiction delegate to ~LEWOOD under this 1999-249 Agreement. '. , . .. 99-461 B, Neither INGLEWOOD nor any officer or employee of INGLEWOOD shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to SAN BERNARDINO under this Agreement. It is also unaerstood and agreed that, pursuant to Government Code Section 895.4 SAN BERNARDINO shall fully indemnify, defend and hold INGLEWOOD harmless from any liability imposed for injury (as defined by Government Code Section 810,8) occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to SAN BERNARDINO under this Agreement. VII CHANGES No change, amendment or modification to this Agreement shall be effective unless it is in writing, signed by the parties hereto, VIII ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, October 26, 1999 ATTEST _ .' f// ufLh/~iJ~ ~~ City Clerk Hermanita Harris City Attorney Charles Dickerson BY BERNARDINO \ ( U/'-.-/ Mayor ATTEST ) ~~ b, C~/J..,,-, Rachel. G. 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