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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 (�)