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Home My WebLink AboutResolution No. 6474 (Unpaid Parking Citations)RESOLUTION NO. 6474 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 Spence Enterprises for the collection of unpaid out-of-state parking citations (SEICOM} 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 January 1983 by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILME~ffiERS:None ABSENT: COUNCILMEMBERS:None 2A.~' J~EONCINI, 'City Clerk 0; } R· r:· ~ JJ1 1""' TA TT ~ J ~1"T ] --ol.. \-......J, .J -:i. -..A ~I PARKING CITATION PROCESSING SERVICE AGREEMENT THIS AGREEMENT is entered into this 3rd day of January , 1983 by and between the City of San Rafael, hereinafter referred to as CITY, and SPENCE ENTERPRISES, INC., hereinafter referred to as SEICOM. PURPOSE 1. The purpose of this Agreement is the management and control of delinquent Out-of-State parking citation processing and collection to optimize the recovery of revenue from parking violations within this jurisdiction by using the services of SEICOM. In the furtherance of this purpose, the parties to this Agreement agree to the following terms and conditions: SERVICES TO BE PROVIDED BY SEICOM 2. SEICOM will provide electronic processing services and collection of fees in processing all delinquent Out-of-State parking citations from the date of entry into the system. (a) SEICOM will provide, at no additional cost to the CITY, all data entry from source documents as provided by the CITY. (b) SEICOM will provide all the computer programs, written procedures and other supporting items used in carrying out the purpose of this Agreement. All hardware and software are and will remain the property of SEICOM. (c) SEICOM will provide monthly management and statistical reporting as agreed upon by ?oth parties to this Agreement. (d) Citations issued to Out-of-State license numbers will be entered and cleared upon disposition. Requests for Registered Owner information will be sent to the appropriate Out-of-State DMV. The NOI and follow- up notices will be generated to the R~gistered Owner and the bail amount reuested. Return payments will be made to the collecting agency (i.e. SEICOM) as designated by the CITY. All costs for this follow-up processing, including Out-of-State DMV charges will be incurred by SEICOM. SEICOM will receive from the CITY forty percent (40%) of the revenues received from Out-of-State citations after the Notice of Illegal Parking (NOI). (e) Once the citations have been entered into the system, it will be the responsibility of SEICOM to complete all the processing required by the Agreement, even after the termination of this Agreement., DUTIES OF THE CITY 3. It shall be the duties of the CITY to forward citation or source documents to SEICOM. All citations and dispositions will be picked-up from the CITY by SEICOM. The information will be entered into the system by SEICOM. If the CITY elects to do the data entry at a later date, SEICOM will provide the CRT and other equipment necessary for the transmission of that data. The CITY shall pay the phone charges required for data transmission if the CITY does the data entry. COMPENSATION 4. The CITY shall pay to SEICOM, forty percent (40%) of all monies received from the processing of delinquent Out-of-St~te parking citations. PERIOD OF PERFORMANCE 5. (a) The Period of Performance under this Agreement shall commence upon the approval and signing by the CITY and shall be completed one (1) year from commencement, if not sooner, terminated as provided herein. (b) Any extension of this Agreement shall be renegotiated thirty (30) days ,.' (c) The term of this Agreement may be annually renewed by additional one (1) year periods by the mutual agreement of both parties. (d) Th"is Agreement may be terminated by either party upon thirty (30) days from written notice to the other party, after ninety (90) days from the execution of this Agreement. PAYMENT 6. A special bank account, in the name of SAN RAFAEL PARKING ENFORCEMENT, will be set up at a bank by SEICOM. At the first of each month, SEICOM will transfer funds to the CITY in the amount of sixty percent (60%) of those monies collected, from delinquent Out-of-State citations, during the previous month. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE 7. SEICOM and the CITY agree to indemnify, defend and save harmeless the other part, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with each party's own operations, or its services hereunder. 8. SEICOM will furnish the CITY a Certificate of Insurance evidencing compliance with the worker's compensation acts and the general liability requirements of the CITY. 9. Any notice, requests, demands or other communications required or permitted by this Agreement shall be deemed to be properly given when deposited in the United States mail, postage prepaid or when deposited with a public telegraph company for transmittal, charges prepaid, and addressed: For SEICOM: SEICOM P.O. Box 2308 Fullerton, CA 92633 For CITY: City of San Rafael Finance Department P.O. Box 60 San Rafael, CA 94915 10. This Agreement constitutes the entire Agreement of the parties concerning the subject matter hereof and supercedes all prior and contemporaneous agreements between the parties. This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specif- ically states that it is intended to amend it. 11. This Agreement will not be assigned without written permission of the City, which permission will not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed the Agreement the day, month and year Appearing below: DATED: SEICOM -COMMUNICATIONS DIVISION OF SPENCE ENTERPRISES INCORPORATED BY: Gary E. Ward Exectutive Vice Presid e nt CITY OF SAN RAFAEL -2- APPROVED AS TO FORM : /:iN. ,....r= [)." <l-J.--fu'C'\- EDMUND A. "DUGGAN City Attorney