HomeMy WebLinkAbout1990-493
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RESOLUTION NO. 90-493
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH DATA TICKET, INC. PROVIDING A
OUT-OF-STATE DELINQUENT PARKING CITATION COLLECTION
MANAGEMENT SYSTEM ISSUED BY THE CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City and agreement
8 with Data Ticket, Inc., providing an out-of-State delinquent parking
9 citation collection Management System issued by the City, a copy of which
10 is attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 SECTION 2. The agreement authorized by this resolution shall not
13 take effect until fully signed and executed by both parties. Neither party
14 shall be obligated hereunder unless and until the agreement is fully
15 executed and no oral agreement relating thereto shall be implied or
meeting thereof held on the
following vote, to wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORING THE
2 EXECUTION OF AN AGREEMENT WITH DATA TICKET, INC., PROVIDING A
OUT-OF-STATE DELINQUENT PARKING CITATION COLLECTION
3 MANAGEMENT SYSTEM ISSUED BY THE CITY.
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COUNCIL AYES
ESTRADA X
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RElLL Y X
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FLORES X
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MAUDSLEY X
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MINOR X
POPE-LUDLAM X
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MILLER X
NAYS
ABSTAIN
(7~. Ii")0. A A~ d-<-f/
~CIerk ~
The foregoing resolution is hereby approved this 20th day of
December ,1990.
Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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By: r'~ "'6 "7 j ~
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11-26-90
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AGREEMENT
CITATION
COLLECTION
OUT-OF-STATE DELINQUENT
MANAGEMENT SYSTEM
PARKING
THIS AGREEMENT IS MADE AND ENTERED INTO EFFECT AS OF
JANUARY 14, 1991, BY AND BETWEEN THE CITY OF SAN BERNARDINO, A
MUNICIPAL CORPORATION, 300 NORTH "D" STREET, SAN BERNARDINO,
CALIFORNIA, 92418, HEREINAFTER CALLED "BUYER" AND DATA
TICKET, INC., A CALIFORNIA CORPORATION, WITH ITS CORPORATE
OFFICE AT 4600 CAMPUS DRIVE, NEWPORT BEACH CALIFORNIA,
HEREINAFTER CALLED "SELLER".
1. Scope of Service. Seller's proposal for a out-of-State delinquent
Parking Citation Collection Management System for parking citations issued
by buyer to out-of-State license vehicles.
A. Seller will: provide forms, notices, postage, maintain files on
collected information and provide this information to the City
to update its files; provide the City with monthly management
reports; and use its best efforts to obtain maximum results.
B. Seller will: be responsible for making sure that appropriate
notices are sent to out-of-State registered owners for those
states, and Canada, which have a Reciprocal Agreement with
Seller and the California Department of Motor Vehicles, Seller
is to provide Buyer a list of those States and Canada having
such a Reciprocal Agreement, January and December of each
year.
C.
Buyer will:
provide seller express authorization to do
business on the Cities behalf with Departments of Motor
Vehicles in the United States and Canada.
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AGREEMENT: OUT-OF-STATE DELINQUENT PARKING CITATION
COLLECTION MANAGEMENT SYSTEM:
2. Program Rights. The Seller in providing the service set forth
herein will utilize as seller's proprietary the computer program developed at
Seller's expense and entitled Out-of State Parking Collection System.
The Buyer hereby agrees that all rights and titles to the aforementioned
program shall remain exclusively with the Seller. Further, the Buyer
agrees that such program shall not be provided to the Buyer as part of the
con tract.
3. Program Security.
The Data Ticket Corporation has restricted
access and the Seller's project Manager will monitor the program to insure
the security of the system.
Only persons authorized by a joint agreement
between Seller and Buyer will have a security code to have access to the
system.
4. Term. The period of performance will commence as of January 14,
1991 and terminate December 31, 1991, and may renew this agreement for
two additional years. Buyer will notify Seller, in writing, thirty days prior
to the termination date of this agreement to exercise the option to renew for
an additional year period.
5. Applicable How. This contract shall be construed and interpreted
in accordance with the laws of the State of California.
6. Independent Contractor. The Seller's relationship to Buyer in the
performance of this contract is that of an independent contractor. The
personnel performing services under this agreement shall at all times be
under Seller's exclusive direction and control and shall be employees of
Seller and not employees of Buyer. Seller shall pay all wages and salaries
and shall be responsible for all reports and obligations respecting them to
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AGREEMENT: OUT-OF-STATE DELINQUENT
COLLECTION MANAGEMENT SYSTEM.
PARKING
CITATION
Social Security j income tax withholding, unemployment compensation,
worker's compensation and similar matters. Seller shall cover or insure all
of its employees performing services under this contract in compliance with
the applicable laws relating to worker's compensation and employer's liability
insurance. Seller shall provide proof of compliance to Buyer, if requested.
7. Non-Assignment. Seller shall not assign this Agreement without
first obtaining Buyer's written consent thereto.
8. Termination. This agreement may be terminated at the option of
either party, with cause, on giving two weeks notice to the other party.
9. Compensation. For performance of services rendered under this
agreement, Buyer and Seller agrees to split equally all monies received for
these citations, except for those citations over 120 days old of which the
Seller shall receive sixty percent. Once per month such funds will be
transferred to each party.
10. Hold Harmless. Seller shall hold harmless the Buyer, its officers,
agents and employees as to, and shall defend and indemnify the Buyer, its
officers, agents and employees against, any actions filed against Buyer, its
officers, agents and employees, or any of them, arising out of Seller's
failure to carry out its duties under this agreement or arising out of the
manner of its performance under this agreement.
11. Entire Agreement. This contract is intended by the parties as a
final expression of their agreement and also is a complete and exclusive
statement of the terms thereof, any prior oral or written agreements
regarding the same subject matter notwithstanding. All services shall be
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AGREEMENT: OUT-OF-STATE DELINQUENT
COLLECTION MANAGEMENT SYSTEM.
PARKING
CITATION
provided as set forth in this document. No performance bond shall be
required of Seller. This contract may not be modified or terminated orally,
and no modification nor any claim or waiver of any of the provisions hereof
shall be binding unless in writing and signed by the authorized
representative of the party against whom such modification or waiver is
sought to be enforced.
Notices and correspondence related to the Agreement shall be sent by first
class mail or hand delivered to the following addresses:
(SELLER)
(BUYER)
Data Ticket Inc.
Dave Thorpe, President
Corporate Office
4600 Campus Drive
Newport Beach, CA. 92660
City of San Bernardino
Wayne Overstreet, Director
Facilities Management
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
Attest:
City of San
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Approved as to form
and legal content:
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