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Home My WebLink About08-295 Resolution No. 08-295 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COMPLUS DATA INNOVATIONS, INC. FOR AUTOMATED PARKING CITATION MANAGEMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin,City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Complus Data Innovations,Inc.for automated parking citation management system,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 17, 2008 Adopted: December 17, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk TICKET MANAGEMENT SYSTEM AGREEMENT THIS AGREEMENT is herby made and entered into this�`fday of dg&!t, 2008, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City") and Complus Data Innovations, Inc., a New York corporation (hereinafter referred to as"Complus"). WHEREAS, City has determined it to be in its best interests to use a ticket management system to aid in the efficient collection of ticket fines; and WHEREAS, Complus has been selected by City to provide equipment and services relative to the efficient collect of said tickets. NOW THEREFORE, in consideration of the mutual promise and covenants contained herein, the sufficiency of which is herby mutually acknowledged, the parties hereto hereby agree as follows: 1. Complus shall provide all equipment listed on the Schedule attached hereto and made Part of this agreement as Attachment "A" (hereinafter referred to as "Equipment'), on or before December 15, 2008. 2. Equipment shall remain the property of Complus. City shall use Equipment solely for the purpose of obtaining access to the ticket management system (hereinafter referred to as "TMS"). City shall exercise reasonable care of Equipment while Equipment is in City's possession. 3. Complus shall replace any and all damaged or defective Equipment. Complus shall be liable for all ordinary maintenance, repairs, and replacement of Equipment resulting from normal use, wear and tear. Any such repair or replacement, which in the opinion of the original manufacturer or authorized repair facility are required as a result of accident, neglect, misuses loss or theft shall be made at the sole expense of City. The cost of replacement of nay hand-held units which may be the liability of City pursuant to the provisions of this paragraph shall be at the rate of $4,500 per unit. 4. Complus will provide remote access to its computer via a VPN connection. Access time will be 22 hours per day, seven days a week, with the exception of 12:00 a.m. until 2:00 a.m. Eastern Standard Time. 5. City will be responsible for the daily entry of all information as it pertains to parking tickets. This includes entering, updating and disposition of all tickets, as well as any other related on-line functions. 6. Complus will provide City with access to the computer software need to process ticket information. Complus agrees to maintain the RMS and revise the software, as required, to conform 1 to the ordinances of both City and the State of Illinois Vehicle and Traffic Laws. 7. As needed, Complus will furnish City with various reports and mailings including but not limited to the list below. City pays postage only for mailed notices. • Year-to-date disposition of tickets, monthly • Delinquent notices for outstanding tickets for the State of Illinois and out- of-state residents, every six to eight weeks. • Final delinquent notices • Officer and PEO performance reports, monthly • Audit reports • Daily and monthly cash/dismissal reports • Year-to-date active scofflaw report 8. Complus will prepare delinquent notices for outstanding tickets issued to vehicles bearing State of Illinois plates and Out-of-State plates to the last known registered owner(s). City will be responsible for postage of said notices. 9. Complus agrees to provide complete on-site training for the TMS. Complus will provide reference manuals describing the features and operations for the TMS. Updates to the system will be provided as they become available. Unlimited assistance will be available from field supervisors and by telephone at no charge to the City. 10. Complus shall hold harmless City, its officers, agents, and employees from any claims, Controversies or lawsuits brought against Complus and/or City by third parties claiming their vehicle has been improperly towed or booted; or when applicable by law that their registration has been improperly flagged or suspended; except where such claims, controversies or lawsuits are the result of error, omissions, or negligence on the part of City. 11. City shall hold harmless Complus, its officers, agents and employees from any claims, controversies or lawsuits brought against Complus and/or City by third parties claiming their vehicle has been improperly towed or booted; or when applicable by law that their registration has been improperly flagged r suspended; except where such claims, controversies or lawsuits are the result of error, omissions, or negligence on the part of Complus. 12. City agrees to the following fee schedule for the use of the TMS. Invoices will be submitted on a monthly basis, payable within thirty(30)days upon receipt. PARKING TICKETS: • 13.5%of all State of Illinois ticket collections. • 13.5 % of all Out-of-State parking ticket collections (including Out-of-State DMV fees for registration information searches). 2 13. City shall fund a pre-paid postage account for the mailings of delinquent notices to violators, which account shall be funded and maintained at the level of$500. WEB-BASED PAYMENTS: 14. Complus is solely responsible for providing a web-based interface to the Ticket Management System for the sole purpose of allowing violators to view and pay their parking tickets online via credit cards. Complus has developed and programmed the website and is solely responsible for its functionality, and to make any and all necessary changes to ensure it conforms to all Federal and State of Illinois laws and City of Elgin, Illinois laws, as well as to Visa/MasterCard rules and regulations. Complus will be the merchant for these transactions and City will only be responsible for the following: (a) To allow charge backs to be withdrawn from the account in the event a cardholder requests to have the transaction reversed according to credit card rules, regulations and timetables, and to allow for the charge back fee to also be withdrawn from the account under the same rules, regulations and timetables. Complus will send the funds from this account on a weekly basis for the transactions processed during the preceding seven days to City. 15. This agreement shall terminate one(1) year from the date of this agreement. Either party hereto may terminate this agreement at any time upon thirty 930) days written notice for cause. 16. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the circuit court of Kane County, Illinois. 17. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 18. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 19. This agreement is the sole agreement between the parties hereto. There are no other agreements either written, oral or implied between the parties hereto. This agreement shall not be modified except by written agreement between the parties hereto. 3 The signing of the enclosed copy and returning to Complus will indicate City's acceptance of this agreement, and the terms and conditions contained therein. COMPLUS DATA INNOCXrIONS INC. CITY OF ELGIN By` By: Jq -Grossman, President olufemi Folarin, its, Manager Attest: City Clerk Date: Dece m be r 11, look Date: 4 ATTACHMENT "A" EQUIPMENT SCHEDULE The following Equipment will be provided to City for the sole purpose of providing access to the Ticket Management System (TMS). • Four(4)—IBM compatible PC workstations • Four(4)—laser printers • Three (3)—cash drawers • Three (3)—receipt printers/check validators • Seven (7)—one-piece handheld ticketwriters (including all peripherals) • Twenty (20) — software licenses to Complus TMS (Ticket Management System) • Two (2)—high speed internet lines with modems 5