HomeMy WebLinkAbout02381 - TURBO DATA SYSTEMS PARKING CITATIONS TICKETS Cindy Berardi
From: Lola Goetz
Sent: Tuesday, September 28, 2010 1:11 PM
To: Cindy Berardi
Subject: RE: A2381 Turbo Data
Enforcement Technology Inc, a Division of Duncan Solutions, Inc. are the folks who
process our parking citations. I have never heard of Turbo Data.
Lola Goetz
Revenue Recovery Specialist
Parking Enforcement
Lola.Goetz@palmsprings-ca.gov
760-323-8256
From: Cindy Berardi
Sent: Tuesday, September 28, 2010 12:33 PM
To: Lola Goetz
Subject: A2381 Turbo Data
Are we still using Turbo Data for the processing of parking citations? I have an old contract for
them, which is still open in our files, and I'm wondering if it can be closed? I attached it for your
review. Thank you.
<<File: A2381 Turbo Data.pdf»
(_inJy betrar[�i
De.put:y City Clerk
Of five of the(_itq(_Icrk
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760)322-8355
Cindy.Berard iOpalmspringsca.gov
Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on
Fridays.
Please consider the environment prior to printing this e-mail. Thank you!
Turbo Data Systems, Inc.
�menu Exh. "C" for Processing
f Parking Citations
AGREEMENT #2381
MO 4694, 12-19-90
Amendment to Agreement between the City of Palm Springs
(the City) and Turbo Data Systems, Inc. (TDS, Inc. ) for
Processing of Parking Citations
This amendment, dated this 19th day of December, 1990, to the
Agreement for Processing of Parking Citations (the Agreement) is
entered into by and between the City and TDS, Inc. This amendment
amends the agreement dated 12/17/86 between the same parties as
follows:
1. ) The attached Exhibit C is substituted for the Exhibit C
which was part of the prior agreement.
2 . ) Except as specifically provided herein, all terms and
conditions of the agreement shall remain in full force
and effect.
Executed this 19th day of December, 1990.
CITY OF PALM SPRINGS .'
By: t
Clerk Acting City Manager
TURBO DATA SYSTEM, INC.
By: Pik
Roberta J. oset� n
President
. Jtp'OkNO;�L
APPROVE'-
:,tiRODVED AS TO FOR 4
City Altarney -
�
EXHIBIT "C"
COLLECTION SERVICE
Customer shall pay TDS for the collection services listed below at
an additional rate of .25 per citation issued, as referred to in
Exhibit "A", effective January 1, 1991 after signed by the
Customer.
* provide P. 0. Box where payments are mailed
* courier pickup from P. 0. Box daily
* open all mail
* verify payment amounts and record on computer system
* return questionable mail to Customer for decision
* make bank deposits to Customer bank account
* verify amounts deposited, by citation number
* provide for hearing scheduling
* provide 11800" number for violator inquiries
t.
6 rbc Data Systems, Inc. -
ocessor, City' s pkg. citatns
AGREEMENT #2381,
MO 3848, 12-17-86
AGREEMENT FOR PROCESSING
OF PARKING CITATIONS
This Agreement is entered into by and between Turbo Data Systems,
Inc. , a California corporation, and The City of Palm Springs, a
Municipal corporation, (hereinafter "Customer") .
Whereas, Turbo Data Systems, Inc. and the Customer desire to enter
into an agreement whereby Turbo Data Systems, Inc. will process
parking citations for the Customer pursuant to the terms and
conditions set forth herein.
In consideration of the mutual covenants, conditions, representations
and warranties contained herein the parties hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is for Turbo Data
Systems, Inc. to process parking citations for the Customer in a
timely manner.
2 . SCOPE OF SERVICES. When and as directed by the Customer, Turbo
Data Systems, Inc. shall perform the following services in processing
all parking citations:
A. Process all parking citations delivered to Turbo Data
Systems, Inc. until such time as Turbo Data Systems, Inc. is
1) notified of their final disposition or 2) thirty (30)
months has passed after their date of issuance.
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B. Provide monthly reports indicating the status of all
citations, such reports to be delivered to the Customer (or
other appropriate destination) no later than the thirtieth
(30th) day of the following month.
C. Attempt to obtain names and addresses of registered owners
of cited vehicles for those citations that have not been
cleared prior to their delinquent date.
D. Print the required Notice of Violation and mail to each
registered owner whose name has been retrieved within thirty
(30) days after the citation has become delinquent, provided
however, in processing any citation which was delinquent as
of the effective date of this agreement, Turbo Data Systems,
Inc. shall have two (2) months to mail the Notice of
Violation to the registered owner. The delinquent period
shall be extended whenever there is an unusual delay in
delivery of information or citations to Turbo Data Systems,
Inc.
E. Transmit a Notice of Delinquency to the California DMV for
citations issued in California to vehicles with California
license plates after a Notice of Violation has been mailed to
the registered owner and Turbo Data Systems, Inc. has not
received notification that the citation has been cleared.
This Notice of Delinquency will be transmitted to the
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California DMV within thirty (30) days after the date
specified by the Customer to be the the DMV Date.
F. Transmit Notice to the California DMV that a Notice of
Delinquency has been cleared within thirty (30) days after
Turbo Data Systems, Inc. has received notification of
clearance.
G. Except as provided in Exhibit "B" which is attached hereto
and incorporated herein by this reference, Customer shall be
responsible for delivering all citations, payment information
and records of disposition to Turbo Data Systems, Inc. ' s
place of business at the address set forth in paragraph 18 .
H. Except as provided in Exhibit "C" which is attached hereto
and incorporated herein by this reference, Turbo Data.
Systems, Inc. shall not be responsible for collecting or
receiving payments on violations or citations.
I. Turbo Data Systems, Inc. shall process citations on vehicles
not registered in California by entering the citation
information into the system database and reporting them along
with all other citations on the database with the standard
reports. Turbo Data Systems, Inc. shall have no further
obligation to process citations on non-California registered
vehicles except as provided in Exhibit "D" which is attached
hereto and incorporated herein by this reference. Turbo Data
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Systems, Inc. shall be entitled to full citation payment
after it has entered the citation information into the system
database regardless of whether the Customer and Turbo Data
Systems, Inc. enter into Exhibit "D" .
3 . TERM. This agreement shall become effective for a period of one
(1) year, provided however, the agreement shall automatically be
extended annually for one (1) year periods unless either party gives
the other party at least sixty (60) days notice of its intent to
terminate this agreement.
4 . CONSIDERATION. In consideration for services performed by Turbo
Data Systems, Inc. as provided in this agreement, Customer shall pay
Turbo Data Systems, Inc. pursuant to the terms set forth in Exhibit
"A" which is attached hereto and incorporated herein by this
reference.
5. PAYMENT OF FEES. Charges determined on the basis set forth in
Exhibit "A" shall be billed on a monthly basis and payment therefore
shall be made within thirty (30) days after submission of each
separate invoice.
6. ACCOUNTING RECORDS. Records of the citations processed by Turbo
Data Systems, Inc. shall be available for examination by the Customer
or its authorized representative (s) at a time agreeable to the
Customer and Turbo Data Systems, Inc. within one week following a
request by the Customer to examine such records. Failure by Turbo
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Data Systems, Inc. to permit such examination within one (1) week of a
request shall permit the Customer to withhold all further payments
until such examination is completed unless an extension of time for
examination is authorized by the Customer in writing.
7. TIME OF PERFORMANCE. Time is of the essence, and Turbo Data
Systems, Inc. shall perform the services required by this agreement in
an expeditious and timely manner so as not to unreasonably delay the
purpose of this agreement as set forth in Sections 1 and 2 .
B . INDEPENDENT CONTRACTOR. At all times during the term of this
agreement, Turbo Data Systems, Inc. shall be an independent
contractor and shall not be an employee of the Customer. The Customer
shall have the right to control Turbo Data Systems, Inc. only insofar
as the results of Turbo Data Systems, Inc.s ' services rendered
pursuant to this agreement; however, Customer shall not have the right
to control the means by which Turbo Data Systems, Inc, accomplishes
the services rendered pursuant to this agreement.
9. FACILITIES AND EQUIPMENT. Turbo Data Systems, Inc. shall, at its
own cost and expense, provide all facilities and equipment which may
be required for performance of the services required by this
agreement.
10. INDEMNIFICATION BY TURBO DATA SYSTEMS, INC. Turbo Data Systems,
Inc. is skilled in the professional calling necessary to perform the
services and duties agreed to be performed by Turbo Data Systems, Inc.
* 5 *
under this agreement, and Customer, not being skilled in such matters,
relies upon the skill and knowledge of Turbo Data Systems, Inc. to
perform said services and duties in the most skillful manner.
Therefore, Turbo Data Systems, Inc. agrees to indemnify, hold harmless
and defend every officer and employee of Customer, from any and all
liability or financial loss resulting from any suits, claims, losses
or actions brought by any person or persons and from all costs and
expenses of litigation brought against the Customer, its officers and
employees, by reason of injury to any person or persons including but
not limited to officers and employees of Turbo Data Systems, Inc. or
damage, destruction or loss of property of any kind whatsoever and to
whomsoever it may belong, including but not limited to that act of
Turbo Data Systems, Inc. resulting directly or indirectly from any
negligent act or omission by Turbo Data Systems, Inc. or any person
employed by Turbo Data Systems, Inc. in the performance of this
Agreement.
11. LIABILITY LIMITATION AND INDEMNIFICATION BY CUSTOMER. Turbo
Data Systems, Inc. shall use due care in processing work of the
Customer but Turbo Data Systems, Inc. shall be responsible only to the
extent of correcting any errors which are due to the equipment or
personnel of Turbo Data Systems, Inc. ; such errors shall be corrected
by Turbo Data Systems, Inc. at no additional charge to the Customer.
Turbo Data Systems, Inc. shall be entitled to reimbursement from the
Customer for any expenses incurred by Turbo Data Systems, Inc. for the
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correction of any erroneous information provided by the Customer and
Turbo Data Systems, Inc. shall not be responsible for Customers '
losses and expenses resulting from erroneous source materials provided
by the Customer. Neither party shall be liable to the other for any
indirect or consequential losses or damages. The Customer shall
indemnify and hold harmless Turbo Data Systems, Inc. and its officers,
directors, shareholders, employees and representatives from any and
all claims, demands, liablility, damages and judgements arising out of
erroneous information provided by the Customer.
12 . FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the
performance of this agreement, Turbo Data Systems, Inc. shall comply
with all applicable provisions of the California Fair Employment
Practices Act (California Labor Code Sections (410 et seq. ) and the
applicable equal employment provisions of the Civil Rights Act of 1964
(42 U.S.C. 200e 217) , whichever is more restrictive.
13 . AGENCY. Except as Customer may specify in writing, Turbo Data
Systems, Inc, shall have no authority, expressed or implied, to act on
behalf of the Customer in any capacity whatsoever as an agent. Turbo
Data Systems, Inc. shall have no authority expressed or implied,
pursuant to this agreement to bind Customer to any obligation
whatsoever.
14 . CHANGES IN LAW. Should there be any changes in the law
applicable to the processing of parking citations which would require
* 7
material changes in the method of the processing as contemplated in
this Agreement, or materially reduce or eliminate the amount of
revenue received by the Customer from parking citations, this
Agreement shall terminate on the date such law becomes effective,
provided either party gives sixty (60) days notice of termination.
Any changes in the processing of parking violations as a result of
changes in the law or DMV regulations affecting such violations, which
do not materially add to the cost of processing such citations by
Turbo Data Systems, Inc. , shall be implemented by Turbo Data Systems,
Inc. at the request of the Customer, provided however, that the cost
of such implementation does not exceed the cost to Turbo Data Systems,
Inc. of performing such services. If any such change results in the
cost of processing citations exceeding the amounts provided for in
Section 4 and the Customer declines to amend this Agreement to provide
for the payment of such increased costs, the Agreement shall terminate
as of the effective date of the change in the law or regulations.
15. OWNERSHIP. Customer acknowledges that the software and software
programs used by the Customer or used for the Customer's benefit
which were developed by Turbo Data Systems, Inc. are the sole property
of Turbo Data Systems, Inc. and the Customer obtains no right or
interest in the software by virtue of this Agreement.
16. FORCE MAJEURE. Neither party shall be responsible for delays or
failure in performance resulting from acts beyond the control of such
parties. Such acts shall include, but are not limited to, Acts of
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God, strikes, riots, acts of war, epidemics, fire, communication line
failure, earthquakes or other disasters.
17 . TERMINATION. This Agreement may be terminated by either party
upon sixty (60) days written notice after the end of the first year.
18 . NOTICE. Whenever it shall be necessary for either party to
serve notice on the other respecting this Agreement, such notice shall
be served by certified mail addressed to:
Turbo Data Systems, Inc.
14742 Newport Avenue, Suite 104
Tustin, CA 92680
Customer: City of Palm Springs
3200 Tahquitz Road
Palm Springs, CA 92262
unless and until different addresses may be furnished in writing by
either party to the other, and such notice shall be deemed to have
been served within seventy-two (72) hours after the same has been
deposited in the United States Post Office by certified mail. This
shall be valid and sufficient service of notice for all purpose.
19 . EXTENT OF AGREEMENT. This Agreement represents the entire and
integrated Agreement between the Customer and Turbo Data Systems, Inc.
and supercedes any and all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended
* 9 *
only by written instrument signed by both Customer and Turbo Data
Systems, Inc. This Agreement may only be assigned with the express
written consent of each of the parties hereto. In the event that any
provision hereof is deemed to be illegal or unenforceable, such a
determination shall not affect the validity or enforceability of the
remaining provisions hereof, all of which remain in full force and
effect.
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20. LITIGATION COSTS. If any 'legal action or any other proceeding
is brought to enforce the terms of this Agreement, or because of an
alleged dispute, breach, or misrepresentation in the connection with
any of the provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to recover their reasonable
attorneys ' fees and other costs incurred in that action or proceeding,
including the costs of appeal in addition to any other relief to which
it or they may be entitled.
21. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement, made in
duplicate, shall be effective from and after the date signed by the
Customer.
Executed on this 1st day of January 19 87.
CITY OF PALM SPRINGS
TURBO DATA SYSTEMS, INC.
Roberta J. Rosen, President
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20. LITIGATION COSTS. If any legal action or any other proceeding
is brought to enforce the terms of this Agreement, or because of an
alleged dispute, breach, or misrepresentation in the connection with
any of the provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to recover their reasonable
attorneys ' fees and other costs incurred in that action or proceeding,
including the costs of appeal in addition to any other relief to which
it or they may be entitled.
21. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement, made in
duplicate, shall be effective from and after the date signed by the
Customer.
Executed on this day of 19
CITY OF PALM SPRINGS
By:
TURBO DATA SYSTEMS, INC.
BY
yy `yk�yy qWWq�+;� `� +�p�y+�ryp ppyp�yp Roberta J. Rosen, President
L�-�SIl1I;11�`Y-.,�J�YPr1- ; 1If P,�!CI tt 0...1,a�.PGVCK
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EXHIBIT "A"
CONSIDERATION
Customer shall pay Turbo Data Systems, Inc. the for the listed
services at the amounts shown:
Processing per Citation $0. 72
If postal rates increase during the term of this agreement, the
compensation to Turbo Data Systems, Inc. shall be raised immediately
to offset the effect of the postal rate increase.
For each additional year that this Agreement continues due to the
failure of either party to terminate this Agreement pursuant to the
provisions of paragraph 3 , the cost per item set forth above shall be
adjusted as follows: The United States Department of Labor's Bureau
of Labor Statistics Consumer Price Index for all Urban Consumers, Los
Angeles Long Beach - Anaheim, California: All items (Base Year 1967)
("Index") which is published for the date nearest the start date of
each contract year ("Adjustment Index") , shall be compared with the
Index published from the date nearest the date of execution of this
Agreement ("Beginning Index") . If the Adjustment Index has increased
over the Beginning Index, the cost per item payable by the Customer
during each contract year subsequent to the first contract year shall
be determined by multiplying the processing fee set forth above by a
fraction, the numerator of which is the Adjustment Index and the
denominator of which is the Beginning Index. In no event shall the
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fee charged the Customer be less than the amount set forth above. In
no event shall the fee charged to the Customer increase more than ten
percent (10%) per contract year.
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EXHIBIT "B"
DELIVERY SERVICE
NOT APPLICABLE
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EXHIBIT "C"
COLLECTION SERVICE
NOT APPLICABLE
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EXHIBIT "D"
OUT OF STATE PROCESSING SERVICE
Citations issued to out-of-state license plates will be entered onto
the system database as all other citations. If and when they become
delinquent, requests for registered owner information will be sent to
the appropriate out-of-state DMV. The Notice of Intent will be
generated to the registered owner and the bail amount requested.
Return payments will be made to the Court, as all other payments.
All costs for this processing, including out-of-state DMV charges,
will be incurred by Turbo Data Systems, Inc. Turbo Data Systems,
Inc. will receive from the Customer fifty percent (50%) of the
revenues collected from out-of-state citations after the Notice of
Intent has been issued. Turbo Data Systems, Inc. will bill this
amount monthly for the prior months ' receipts (as determined from our
database and/or reports) .
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