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CITY OF SAN BERNAtDINO - REQUEST Fci COUNCIL ACTION
From: Wayne Overstreet
Subject: OUT-OF-STATE
DELINQUENT PARKING CITATIONS
COLLECTION AGREEMENT (DATA
TICKET, INC.).
Dept: Facilities Management
Date: November 26, 1990
Synopsis of Previous Council action:
None
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Recommended motion:
Adopt Resolution
Signature
Contact person: Wayne Overstreet
Supporting data attached: Yes
Phone: 384-5244
Ward: All Wards
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.!
(Acct. Descriotion)
Finance:
Council Notes:
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CITY OF SAN BERNAtolNO - REQUEST Fci COUNCIL ACTION
STAFF REPORT
The City of San Bernardino has a list of over 1,403 out of state vehicles
that have delinquent parking citations that have been issued within the
last three (3) years. This amounts to just over $45,479. Since these
citations are over thirty days old and we have no way of obtaining the
registered owners name and address, I do not believe we can expect to
collect any additional m'onies from them. However, I did talk to a
company referred to me by the City Administrator about collecting out of
state citations (Data Ticket, Inc.).
It would appear that this might be worth while, for example, they would
provide all the forms, notices, postage, and cost associated with collection
of those citations paid by charge cards. The only thing we would be
required to provide would be:
Current listings of out of state citations.
Authority to DMV for Data Ticket Inc. to do business for the City of
San Bernardino.
Data Ticket Inc. cost would be as follows:
Citations less than 120 days old revenue would be split 50-50.
Citations over 120 days old revenue would be split 60-40 (60% for
Data Ticket and 40% for City).
Since the majority of these out of state citations are over 120 days old, I
do not think we could expect over 40% of monies collected, however, that
could amount to over $18,000 and since we would not have to get involved
with charge cards I would recommend that the attached agreement be
approved.
Our citation list also shows from what other states we get visitors from,
for example, of the approximately 1,400 citations, 178 were from the state
of Arizona. This type of information could be of some commercial value
for our Convention and Visitor's Bureau.
There is only one (1) state (Rhode Island) and the District of Columbia
that do not have outstanding citations. Those states that have over forty
(40) or more are as follows:
1. Arizona - 178 7. Washington - 53
2. Texas - 157 8. Florida - 52
3. Nevada - 133 9. Illinois - 46
4. Oregon - 77 10. Georgia - 43
5. Colorado - 59 11. New Mexico - 41
6. Utah - 54
Contract is recommended because the City of San Bernardino does not
have the personnel or the expertise to pursue out of state delinquent
parking citations, and is more cost effective to contract versus
authorizing a full time employees to accomplish this task.
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RESOLUTION NO.
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
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City and agreement
with Data Ticket, Inc., providing an out-of-State delinquent parking
citation collection Management System issued by the City, a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The agreement authorized by this resolution shall not
take effect until fully signed and executed by both parties. Neither party
shall be obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied or
authorized.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
, 1990. by the
day of
meeting thereof held on the
following vote. to wit:
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23 .JAMES F. PBHMAN,
City Attorney
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RESOLUTION OF THB CITY OF SAN BBRNARDINO AUTHORING TBB
BXECUTION OF AN AGRBBMENT WITH DATA TICKET, INC., PROVIDING A
OUT-OF-STATE DBLINQUENT PARKING CITATION COLLECTION
MANAGBMBNT SYSTBM ISSUED BY TBB CITY.
COUNCIL
AYBS
ESTRADA
REILL Y
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
The
foregoing
resolution is
,1990.
Approved 88 to form
and legal content:
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11-26-90
NAYS
ABSTAIN
City Clerk
hereby approved
this
day of
W. R. HOLCOMB, Mayor
City of San Bernardino
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AGRBEMBNT
OUT-OF-STATE DBLINQUBNT
MANAGBMBNT SYSTEM
PARKING
CITATION
COLLECTION
THIS AGREBMBNT IS MADB AND BNTBRED INTO BFFECT AS OF
JANUARY 14, 1991, BY AND BBTWEBN THE CITY OF SAN BBRNARDINO, A
MUNICIPAL CORPORATION, 300 NORTH "D" STRBBT, SAN BBRNARDINO,
CALIFORNIA, 92418, HBRBINAFTBR CALLED "BUYBR" AND DATA
TICKBT, INC., A CALIFORNIA CORPORATION, WITH ITS CORPORATB
OP'P'ICB AT 4600 CAMPUS DRIVE, NBWPORT BBACH CALIFORNIA,
HERBINAFTBR CALLED "SBLLER".
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 iIles 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~F-STATE DELINQUENT PARKING CITATION
COLLECTION MANAGEMBNT 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
contract.
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, !l 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. Appm:.~l.. 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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PARKING
CITATION
AGREEMENT: OUT-OF-STATE DELINQUENT
COLLECTION MANAGEMENT SYSTEM.
Social Security, 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.
'I. 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)
City of San Bernardino
Wayne Overstreet. Director
Fac:Ilitiea Mllnllgement
City of Sen Bernardino
300 North "D" Street
Sen Bernardino. CA. 92418
Data Ticket Inc.
Dave Thorpe. President
Corporate Office
4600 Campus Drive
Newport Beach. CA. 92660
Attest:
City of S8D Bernardino
City Clerk
Data Ticket. Inc.
By:
App.tuTed 88 to form
end legal content: