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Home My WebLink AboutR-1991-077 Y: RESOLUTION N0. 77-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE DATA PROCESSING AGREEMENT FOR DELINQUENT PARKING VIOLATIONS PROCESSING BETWEEN THE CITY OF DANIA AND COMPUTIL CORPORATION; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: ?ti Section 1. That that certain Data Processing Agreement for Delinquent Parking Violations Processing Between the City of Dania 4 and Computil Corporation, a copy of which is attached hereto and s made a part hereof as Exhibit "A" , be and the same is hereby ' approved, and the appropriate city officials are hereby directed . � p to execute same. That this resolution shall be in force and take Section 2. ^ effect immediately upon its passage and adoption. of July 1991. da PASSED and ADOPTED this 9th y ' MAYOR COMMI�R ATTEST: CITY CLE K - AUDITOR APPROVED AS TO FORAM AND CORRECTNESS: FRANK C. ADLER, City Attorney 77-91 Resolution No. i t r MJ , DATA PROCESSING AGREEMENT FOR DELINQUENT PARKING VIOLATIONS PROCESSING BETWEEN THE CITY OF DANIA, FLORIDA = AND COMPUTIL CORPORATION Made this day of , One Thousand Nine Hundred and Ninety One, By and Between COMPUTIL CORPORATION, a corporation of the State of New Jersey with offices at 1040 Route 46, Clifton, New Jersey 07013 doing business as "Computil" hereinafter referred to as COMPANY, and the City of Dania, a Municipal Corporation of the State of Florida with offices at the City Hall, 100 West Dania Beach Boulevard, Dania, Florida, 33004 hereinafter referred to as "MUNICIPALITY". r. �i WITNESSETH j That in consideration of the mutual covenants herein contained and other valuable . r consideration, the parties hereto agree as follows: I The COMPANY agrees to provide the MUNICIPALITY with data processing services in accordance this Agreement. Any and all previous agreements and contracts between the parties are deemed cancelled and terminated and the services rendered by the COMPANY shall be provided in accordance with the following: (A) COMPANY shall process the backlog of outstanding parking violations issued prior to May 1, 1991. MUNICIPALITY shall have the option to turn over additional outstanding parking violations to COMPANY for processing at the sole discretion of the MUNICIPALITY, 2 This Agreement shall commence as of May 1, 1991 and terminate on April 30, 1992, unless terminated sooner as provided herein. -1- EXHIBIT "A" t A r: 3. MUNICIPALITY shall compensate COMPANY for the performance of Services hereunder in accordance with the following schedule: (A) Backlog Processing * Processing -Thirty-Five percent (35%) of revenue collected by MUNICIPALITY (B) Backlog Termination Fee * If termination prior to the contract expiration date, MUNICIPALITY will pay COMPANY two percent (2%) percent of the uncollected revenue as a backlog termination fee. j - 'l COMPANY shall invoice MUNICIPALITY monthly for services provided pursuant to (A) and/or (B) immediately above. All payments shall be due within thirty (30) days of the date of invoice. 4 COMPANY will provide: A. Conversion of existing file of backlog tickets B. Pickup and delivery services one (I) time per week C. Computer processing of all issued tickets D. Daily deposit of violations payments into the Bank Account owned by the MUNICIPALITY E. All reports and notices F. In state registration lookups G. Out-of-state registration lookups -2- t n w G. All forms needed for the system H. Lockbox Processing, including P.O. Box Cost I. Routine Correspondence Processing J. Postage for Notices K. Toll Free 800 telephone number for violator inquiries. 5. MUNICIPALITY will provide: A. Tape or diskette with a file layout of the backlog tickets to be processed B. Bank Account owned by the MUNICIPALITY for deposit of violations payments, one (1) self-inking endorsement stamp reading "City of Dania, for deposit only", adequate supply of three (3) part bank deposit slips reading "City of 'r ; Dania" and including the MUNICIPALITY'S bank account number. _. �! C. Review of tickets to be data processed for accuracy and legibility p D. Use of forms provided by COMPANY for maintenance of the system E. Police roster, name and badge numbers which will be updated as necessary } F. Correction of errors or illegible information on tickets before submission for data processing G. For Backlog processing, verification of collection in the form of a receipt list, copies of receipts or in some other form as agreed upon by the COMPANY within thirty (30) days of receipt of the monies collected as a result of backlog processing by the COMPANY H. Review and notation of errors in all reports received from COMPANY I. Utilization of forms provided by COMPANY to note correction to be made by COMPANY. -3- i i h 6. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RESPECTING ARE CONTAINED HEREIN THE PERFORMANCE OF THIS AGREEMENT EXCEPT AS INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY AGREES TO CORRECT ALL ERRORS MADE BY COMPANY WHICH THE MUNICIPALITY HAS NOTED AND COMMUNICATED TO COMPANY AS REQUIRED BY ITEMS 5 (G) AND (H) ABOVE. COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF THE PER OF THIS AGREEMENT. IN NO ARISING OUT OF NEGLIGENCE EVENT SHALL COMPANY'S LIABILITY FOR DAMAGES OF COMPANY IN THE PERFORMANCE OF THIS AGREEMENT EXCEED 8-1/3 PERCENT OF THE ANNUAL CONTRACT REVENUES. }t 7 COMPANY or MUNICIPALITY may, at any time, terminate this Agreement upon sixty j at which time COMPANY will promptly return (60) days written notice to the other party, w .l NICIPALITY, and at which time COMPANY'S obligations all materials belonging to MU ' ices provided hereunder shall cease. MUNICIPALITY shall reimburse COMPANY for all sery hereunder up to and including the date of termination including the costs of file tape and delivery incident to termination as well as payment of the Backlog Termination Fee where applicable. it will not use the information provided by COMPANY for 8 MUNICIPALITY agrees that purposes other than the resolution of traffic violations. In the event a claim or action related to MUNICIPALITY'S use of the information for purposes other than the aforesaid is brought against COMPANY, MUNICIPALITY agrees to hold harmless, indemnify and defend COMPANY from and against all such claims and actions. 9. COMPANY shall not be liable for any delay or failure to comply with the terms of this Agreement if the delay or failure is due to causes beyond the reasonable control of COMPANY. _q_ t li 4: M This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. I I. In the event any one or more provisions of this Agreement is held to be invalid, illegal and unenforceable, the remaining provisions shall remain in full force and effect. 12. This Agreement, its enforcement and interpretation shall be governed by the laws of the State of Florida. The parties agrees that venue in any action concerning the terms of this Agreement or its performance shall be laid in Broward County, )Florida. IL This Agreement contains all the terms and conditions of contract for data processing services by and between MUNICIPALITY and COMPANY. There are no covenants or promises other than those expressly set forth herein. No modification of this Agreement l may be made except by a writing executed by both parties. _5_ l n ' Yi IN WITNESS WHEREOF, the Parties have hereunto caused these presents to be executed by their respective duly authorized officers and their respectiv corporate seals to be affixed hereto the day and year first above written. COMP O iORATION I By:— Alfonso i President Chief Executive Officer ACCEPTANCE OF CITY OF DANIA, FLORIDA •,I By: ed Mayor-Commissioner By: City Manager Attest; j City Clerk-Auditor Seal Approved as to Form and Correctness: City Attorney -6- i I � � i I II