08-295 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
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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).
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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.
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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:
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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
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