HomeMy WebLinkAboutCC Resolution 7285 (Datacom Systems)RESOLUTION NO. 7285
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Datacom Systems, Inc.
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the Third day of February ,
1986 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEII,!BERS : None
ABSENT: COUNCILMEMBERS.: None
JEA E M. LEONCINI, City Clerk
I N A
AGREEMENT FOR PROCESSING
OUT-OF-STATE PARKING CITATIONS
THIS AGREEMENT is made by and between DATACOM SYSTEMS CORPORATION.-
hereinafter
ORPORATION.
hereinafter referred to as "Contractor"r and the CITY OF SAN RAFAEL
hereinafter referred to as "Agency"., and entered into this -Third _
d a y of _ February __- _, 19 g 6
The parties intend by this agreement to provide for the manage-
ment and control of delinquent Out -Of -State parking citation processing
and collection to optimize the recovery of revenue from parking viola-
tions within this jurisdiction by using the services of Datacom. In
the furtherance of this purposes the parties to this Agreement agree
to the following terms ano conditions:
ARTICLE I - SERVICES TO dt PROVIDED FY DATACOM
1.1 DATACOM will provide electronic processing services and
collection of fees in processing all delinquent Cut -Of -State parking
citations from the date of entry into the system.
1.2 DATACOM will provides at no additional cost to the AGENCY,
all data entry from source documents as provided by the AGENCY.
1.3 DATALrM will provide all the computer programs, written
procedures ano other supporting items used in carrying out the purpose
of this Agreement. All hardware and softwaro are and will remain the
property of DATACOM.
(1 )
1.4 DATACOM will provide monthly management and statistical
reporting as agreed upon by both oarties to this Agreement.
1.5 Citations issued to Out -Of -State license numbers will be
entered and cleared on disposition. Requests for Registered Owner
information will be sent to the appropriate Out -Of -State Oepartment of
Motor Vehicles (OMV). The Notice of Illegal Parking (NOI) will be
generated to the registered owner and the bail amount requested.
Return payments will be made to the collecting agency (.i.e. DATACOM)
as designated by the AGENCY. All costs for this follow-up orocessingr
including Out -Of -State DMV charges will be incurred by DATACOM.
DATACOM will receive from the AGENCYP forty percent (40%) of the
revenues received from Out-Of-Stete citations atter the Notices of
Illegal Parking (NOI).
1.6 Once the citations hav= be, -,r entered into the systemo it
will be the responsibility of DATACOM to complete all the processing
required by the Agreemento even after the termination of this Agree-
ment.
ARTICLE 11 - DUTIES OF THE AGENCY
2.1 It shall be the duties of the AGENCY to foruard citation
or source documents to DATACOM. All citations and dispositions will
be processed by CATACOM. ThE information will be entered into the
system. If the AGENCY elects to do the data entry at a later date
OATACOq will provide the CRT and o+her eguipm-nt necessary for the
transmission of that dateo at an agreed on monthly rental fee. The
AGENCY shall pay the telephone charees required for data transmission
if the AGENCY does the data entry.
ARTICLE Ill - COMPENSATION
3.1 The AGcNCY shall pay to DATACOMe forty percent (40X)
of all monies received from the processing of delinquent Out -Of -State
parking citations.
ARTICLE IV - PERIOD OF PERFORMANCE
4.1 The Period of Performance under this Agreement shall
commence upon the approval and signing by the AGENCY and shall be
completed three (3) years from commencemnntr if not sooner terminated
as provided herein.
4.2 Any extension of this Aoreamant shall be renegotiated
thirty (30) days prior to its termination.
4.3 The term of this Agreement may be annually renegued by
additional one (1) year periods by the mutual agreement of both
parties.
4.4 This Agreement may be terminated by either party upon
thirty (30) days written notice to the other partyr after ninety
days from the execution of this Agreement.
ARTICLE V - PAYMENT
5.1 A special bank Eccountf in the names of CITY OF
SAN RAFAEL/DATACOM SYSTEMS CORPORATION will be set up at Bank
of America. by DATACOM. At the first of each monthf DATACOM
will issue a cneck to the AGENCY in the amount of sixty percent
(o0%) of those monies collected from delinquent Cut -Of -State
citationse during the previous month.
(�)
ARTICLE VI - INDEMNIFICATION. HOLD HARMLESS AND INSURANCE
6.1 DATACOM agrees to indemnify and hold Agency harmless
against any and all liabilityr costsp and expenses, including
attorney's fees., occasioned by claims or suits for loss or damages
arising out of acts of the agentse servantsp employeesf successorsr
or assigns (to the extent hereinafter allowed) of Contractor during
the term of this Agreement. Conversely. Agency agrees to indemnify
and hold Contractor harmless against any and all liabilities. costs
and expenseso including attorney's feese occasioned by claims or
suits for loss or damages arising out of the acts of the agents
servants or emplovees of Agency.
o.2 BONDS AND INSURANCE. Contractor agrees to furnish the
following bonds and insurance policies prior to the commencement of
work under this agreement and agrees to maintain them throughout the
term of this contract and any renewals thereof:
(a) A comprehensive all-risk policy and/or bond naming
the City of SAN RAFAEL as an insured or real party in interest
but not limited to cash, checkso and money orders against the losst
damage or destruction from any cause., including but not limited
to embezzlemento forgeryo larcenyp or robbery while such property
is in the custody or control of the Contractor or any of its sub-
contractorse agentse employeese or assigns (to the extent herein-
after allowed). Liability under this policy spall be limited to
$200.000.
(4)
(b) A public liability policy naming the City of SAN RAFAEL
as a real party in interest covering the processing activities of the
Contractor and its directorso officers, partnerse employeesp and
agentsp for personal injury and property damage in the upper limits
of $250.000 per individuel and $500.000 per occurrence.
(c) WORKERS' COMPENSATION AND EMPLOYERS LIABILITY. Con-
tractor shall obtain and keep in full force and effecter compensa-
tion and liability insurance necessary in connection with the
performance of this agreement to protect itself and its employees
under the Workers' Compensatian Insurance and Safety Act. Such
insurance shall relieve AGENCY from all responsibility therefor.
(d) With respect to the policies of insurance and/or bonds
required of contractor unaer subparagraphs (4). (b). and (c) hereof.
Contractor shall supply AGtNCY with a suitable statement certifying
to the appropriate protection and defining the terms of the appli-
cable policy and/or bond issued within thirty (30) days of the
execution of this agream3nt.
ARTICLE VII - SUB-CONTRACTiRS AN,' ASSIGNMFNTS
7.1 SUB -CONTRACTING. Contractor is authorized to engage
subcontractors within the State of California at Contractor's own
expense.
7.- ASSIGNM,NTS. This contract may not be assigned without
the prior written consent of the AGENCY.
(5)
ARTICLE VII! - INDEPENDENT CONTRACTOR
1.1 CONTRACUK'S REL-TIONSHIP. Con- ractor's relationship
to AGENCY 1n the perform=nce of this agreement is that of an
independent Contractor. Personnel performine services under this
agreement shall at all times b- under Contractor's exclusive
direction and control and shall be employees of Contractor and not
employees of the AGENCY. Contractor shall pay all wages znd saleries
and shall be responsible for all raports and obligations respecting
them relating to social security, income= tax withholdin;, unemploy-
ment compensation, worker's compensation, and similar matters.
Neither Contractor nor any epent er employes of Contractor shall obtain
any right to retirement benefits or other oanefits which accrue to
employees of AGENCY, and Contractor hereby expressly waives any claim
it might have to such rights.
ARTICLE 1X - ENTiVE AIREiM-67
9.1 1NTEGRATcD AGPEEMiNT. This contract is intended by the
Parties as a tinEl expression of their acreement and also as a complete
and exclusive statement of the terms thereof, in a prior oral or
written agreement regarding the same =subject matter notwiths+_andinc.
This agreement may not ba modified or terminated orally, and no
modification or any clair of wEiver of any of the provisions shall be
effective uniess in writin_ and signed by both parties.
(0)
9.2 LAS aDPL ICAdL_. Contractor agrees to comply with all laws
aithln the State of California ooverninc the conduct of business,
incluaing but not limited to laws perteininq to licenses, taxes,
corporate regulation, and collection or=ictices.
9.3 NOTICLS TO PARTIES. Any notice reouired under this
agreement to ba 5iven to either party may be given by depositing in
the Unitec St&tes mail, po_taae prepeid, first-class, a notice
aooressed to th? Tollowing:
Contractor: I GT. .0M SYSTEMS CORPOR4TIV.
777 rv. First Streat
San Jose, CA 95112
Agency: CITY - SA,
P. 0. -ox E
San E_rtael, CA 94Q15
( I )
WHEREFOR o the p2,rties hereto hav_ entered into this agreement
as of the day and year first hereinobov:, written.
CITY OF SAw oAFAEL
Lawrence E. Mulryan
Mayor
ATTEST:
Al t y Gi ,ria
Approved as to forst Jeanne M. Leoncini
C�ATACOZ� SYSTF>4S CORPORATION
/ � 1
Vice -President
(�)