HomeMy WebLinkAboutFundamental Business SrvceFBS AGREEMENT FOR PARKING ENFORCE~.IF_aNT MANAGEMENT SERVICES
AGREEMENT
AGREEMENT dated 'Dccernbtt' ~ 2.~ot between Town of Southold, a
municipal corporation with offices at Main Street, Southold, New York n97x
thereafter referred to as Town ) and FUNDAMENTAL BUSINESS SERVICE,
INC., t4 Front Street, Hempstead, New' York, n55o (hereafter referred to as
FBS).
WHEREAS, the Town Wishes to engage the services of a company
providing data processing and 'collection services to assist in the enforcement and
collection of outstanding Town parking violations, and _
WHE*REAS, FBS has been selected to perform these services,
NOW, THEREFORE,
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
~. The term of~-this agreement will commence on the date above written
and Will continue for a period of three (3) years with an option to renew for
an additional three year period upon thirty (30) :days written notice unless
terminated soOner pursuant to the provisions of paragraph 2~ hereir/.
2. FBS shall transcribe all records of outstanding parking summonses and
all information contained therein fi'om the original appearance
tickets/summonses located at Town of Southold.
3. The Town agrees to cooperate with FBS in providing access to the
a~oresaid information.
4. FILS- shall obtain from the Department of Motor Vehicles the name,
address and vehicle regisixation numbers from the information, including
license plate numbers, as found on the aforesaid tickets/summonses.
5. FBS shall engage in skip tracing procedures, if necessary, to locate
delinquent violators.
6, FBS shall notify all aforesaid violators of the outstanding
tiekets/surmnonses, on a form which has been approved by the Town prior
to transmission.
FBS AG1LEI2VIENT FOR P~kRKING ENFORCEMENT MANAGEIVI]SNT SERVICES
Page
7- FBS shall forward copies of all correspondence received from violators
or other sources which result from the aforesaid notification, and shall
notify the Town of Southold of the results of said correspondence arid
compliance or lack thereof.
8. FBS shall maintain monthly account files which reflect the amount of
fines remitted as a result of the efforts of FBS and shall provid~e copies of
such reports to the Town on a monthly basis.
9. FBS shall repeat notification to delinquent violators by two additional
notices as set forth herein on forms approved by the Town at thirty (3o)
day intervals, unless payment is sooner made.
lO. FBS shall provide a warning to all delinquent violators that failure to
respond to the aforesaid three (3) notices may result in the entry of a civil
judgment.
ll. FBS on behalf of and at the direction of the Town of Southold shall
prepare and docket civil default judgments in certain instances where
violators fail to respond to the aforesaid three (3) notices.
m. FBS shall provide all responding violators with information regarding
all outstanding summonses, including summons number, date and place
of violation, license plate number and amount of fine due.
13. FBS on behalf of and at the direction of the Town of Southold shall
noti~ the Department of Motor Vehicles of eligible scofflaws with three (3)
or more unanswered violations.
14. FBS agrees to devote reasonable best efforts to recover the full amount
of the accounts placed for collection through persistent and diligent
activity which shall be at all times legal and ethical and in compliance with
applicable Government (Federal, State and Local) rules and regulations
including without limitation, the Federal Fair Debt Collection Practices
Act. FBS shall endeavor to maintain and preserve the violator's good will
toward the Town.
15. FBS shall maintain all records in relation to this agreement and
perform services as required herein at and from its own business premises.
~FBS AGREEMENT FOR PARKING ENFORCEMENT MANAGEMENT SERVICES
Page 3
16. All fines remitted in response to the efforts of FBS shall be remitted
directly to the Town.
17. The parties further agree that all correspondence to be sent to scofflaws
and violators shall be subject to the prior approval of the Town,
18. FBS agrees to hold the Town harmless and indemnify against any
liability imposed upon the Town as a result of acts committed by FBS in
ccrrmection,~with' this-zkgreem-ent~ ~his paragraph shall apply reciprocally
against th~To~vn.
19. It is understood that FBS' }elationship to the Town is that of an
independent contractor and not its employee or agent. Any arrangements
made by FBS with outside agents or attorneys shall be solely FBS'
responsibility and shall in no way constitute or incur additional obligation
on the part of the Town. The Town's obligation is limited to payment to
FBS of compensation earned in accordance with this agreement.
2o. FBS shall be compensated on a contingent basis and shall be entitled
to:
· Thirty percent fee (30%) of commissionable fines and
Penalties paid thirty-one (31) days from issuance
· Scofflaw.processing @ 81.9o per plate
· Amnesty Program @ $1.9o per plate
In addition, all costs of operation incurred by FBS in furtherance of the
services enumerated, excluding statutory court and filing fees and fees
imposed by the Department of Motor Vehicle directly upon the Town, shall
be borne-~c~te-ly-by~:outraetor. The-eomp-eus~a~ou-due--FBS shall be based
upon a percentage of that actually collected and not upon the face amount
of the summons/ticket. FBS shall submit invoices and be compensated
pursuant to customary Town billing procedures.
m. Either party may terminate this agreement by giving written notice by
registered or certified mail upon thirty (30) days notice, In the event this i\ /
agreement is so terminated, FBS sh~ll return to Town ali accounts and fl\~, \ '/
related records. All accounts, records, data or any other material ~_~
created or provided to ether party shall at a times be cons'idered[/'
the sole and exclusive property of the Town of Southold.
FBS AGREEMENT FOR PAP. KING ENFORCEMENT MANAGEMENT SERVICES
Page 4
The Town will be responsible to FBS for fees due as a result of the
collection efforts, of FBS but shall incur no other liability as a result of such
cancellation.
This agreement?ets forth all of the terms and conditions of the agreement
and may only b~anged by a writing e
Dated: Inc.
Dated:
Town of
By ~~
ELIZABETH A. NiEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECO~ ,DS -MAi~AGEMENT OFFICER
FI~EEDOi~i OF INFORiVIATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631. 765-6145
Telephone (631~ 765-1800
southoldiown.north fork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 7, 2001
Dennis J. Farrell, President
Func~amemal Business Service, IRc
14 Front Street
Hempstead, New York 11550
Dear Mr. Farrell:
The Southold town Board, at its regular meeting held on November 8,
2001 adopted a resolution for the agreement with FSB for Parking Enforcement
Management Services. A certified copy of this resolution is enclosed together
with two (2) copies of this agreement, which have been signed by the Supermsor.
Please sign both copies and remm the "Town Cop~" in the self-addressed
envelope. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
GREGORY F. YAKABOSKI
TOWN ATTORNEY
MARY C. WILSON
ASSISTANT TOVv-N ATTOILNE¥
JEAN W. COCHRAN
Supervisor
Town Hail, 53095 Route 25
P.O~ Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-maih greg.yakaboski~own.s outhold.ny.u s
mary.wilson~town, s oUthold.ny.u s
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
MEMORADUM
ELIZABETH A. NEVILLE, TOWN CLERK
DECEMBER 5, 2001
CONTRACTS, LEASES, & AGREEMENTS
TRANSMITTED HEREWITH ARE THE FOLLOWING CONTRACTS TO BE
FORWARDED TO THE OTHER PARTY FOR EXECUTION:
· FUNDAMENTALBUSINESS SYSTEM
THANK YOU FOR YOUR ATTENTION TO THESE MA'I-I-ERS.
~ DAMENTAL BUSI[' ESS SERVICE NC
Mr. Gregory F. Yakaboski
Town Attorney
Town of Southold
Main Street
Southold, NY 11971
September 18, 2001
RE: Parking Enforcement Management Services
Dear Mr. Yakaboski:
This is to transmit the FBS Agreement for Parking Enforcement Management Services.
As wel., please find enclosed related Town of Riverhead resolutiOns which may be of
some help.
Please contact me at 5161486-3120 with any questions or comments; T am at your
service and look forward to hearing from you.
President
Enc.
TOWN A,~J'ORNEY'S OFFICE
TOWN {DF SOUr[HOLD
14 FRONT STREET HEMPSTEAD N,Y. 11550 (516] 486-3120
~ELIZABETH A~. NEVILLE
TOWN CILERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
"RF~CO~DB Ni~NAG]EMENT OFFICER
F~EEDOi~ OF INFOi%MATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Sou~hold, New york 11971
Fax (631) 765-6145
Telephone (631] 765-I800
southold~ov~.no~ctffork~ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TIllS IS TO CERTkFY THAT TH~ FOLLOWING RESOLUTION NO. 756 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF TH, SOUTHOLD TOWN B'O~RD
ON NOVEMBER 8, 2001:
RESOLVED that the Town Board of~e Town of Southold hereby authorizes and directs
Supervisor Cnehran to execute and agreement with Fundamental Business Service. Inc., for
parking enforcement management and revenue recovery services subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk