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HomeMy WebLinkAboutAGMT - Data Ticket (Fines for Citations Illegal Parking) PROFESSIONAL SERVICES AGREEMENT Between SEAL h PC CIS C-3 27 AIV City of Seal Beach 211 8th Street Seal Beach, CA 90740 Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 This Professional Service Agreement ("the Agreement") is made as of July 14, 2015 (the "Effective Date"), by and between Data Ticket, Inc. ("Professional Services Provider"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires'certain professional services. B. Professional Services Provider represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Professional Services Provider shall provide those services set forth in the attached Exhibit A ("Services"), which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Professional Services Provider shall perform all Services under this Agreement in accordance with the standard of care generally exercised, by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Professional Services Provider shall comply with all applicable provisions of federal, state, and local law. 1.4. Professional Services Provider will not be compensated for any work performed not specified in Exhibit A Unless the City authorizes such work in advance and in writing. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three years, with two additional 1 year extensions on the same terms possible at the City's sole discretion for a total of five (5) years unless previously terminated as provided by this Agreement. City shall give Professional Services Provider written notice of City's intent to extend this Agreement not less than ninety (90) days prior to the end of the original, or extended, Term as applicable. 2 of 12 July 2015 3.0 Professional Services Provider's Compensation City will pay Professional Services Provider in accordance with the rates shown on the fee schedule set forth in Exhibit B for Services. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Professional Services Provider shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Professional Services Provider within 30 days of receiving Professional Services Provider invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Professional Services Provider. 4.2. Upon 24-hour notice from City, Professional Services Provider shall allow City or City's agents or representatives to inspect at Professional :Service Provider's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Professional Services Provider in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 6.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Professional Services Provider based on reasonable cause, upon giving the other party written notice thereof not less than 60 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Professional Services Provider, if Professional Services Provider fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 3 of 12 July 2015 6.2. Data Ticket, Inc. is the Professional Services Provider primary representative for purposes of this Agreement. 7.0 Notices 7.1 All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740-6379 Attn: City Manager To Vendor- Data Ticket, Inc. 4600 Campus Dr., Suite 200 Newport Beach, CA 92660 Attn: Chief Operating Officer 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Professional Services Provider is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Professional Services Provider or under its supervision. Professional Services Provider will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Professional Services Provider shall also 1;not be employees of City and shall at all times be under Professional Service Provider's exclusive direction and control. Professional Services Provider shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Professional Services Provider shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Professional Services Provider shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Professional Services Provider's personnel practices. City shall have the right to offset against the amount of any fees due 4 of 12 July 2015 to Professional Services Provider under this Agreement any amount due to City from Professional Services Provider as a result of Professional Services Provider's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Professional Services Provider is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Professional Services Provider shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written 'consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Professional Service Provider shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Professional Services Provider shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Professional Services Provider shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following:,(1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately 5 of 12 July 2015 . to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Professional Services Provider shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt,requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Professional Service Provider's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Professional Service Provider's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including.materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Professional Services Provider or for which the Professional Services Provider is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Professional Services Provider guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Professional Services Provider shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Professional Services Provider shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent 6 of 12 July 2015 contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Professional Services Provider its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Professional Services Provider shall defend Indemnitees, at Professional Service Provider's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Professional Services Provider shall * reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Professional Service Provider's obligation to indemnify shall not be restricted to insurance proceeds,, if any, received by Professional Services Provider, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Professional Services Provider affirmatively represents that it is an equal opportunity employer. Professional Services Provider shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Professional Services Provider certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or 7 of 12 July 2015 agreements. This Agreement may only be modified by a writing signed'by both parties. 16.0 Severabillity The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Professional Services Provider covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Professional Services Provider further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Professional Services Provider shall avoid the appearance of having any interest, which would conflict in any mariner with the performance of the Services. Professional Services Provider shall not accept any employment or representation during the term of this Agreement which is or may likely make Professional Services Provider "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Professional Services Provider has been retained. 20.2. Professional Services Provider further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Professional Services Provider, to solicit or obtain this Agreement. Nor has Professional Services Provider paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for 8 of 12 July 2015 Professional Services Provider, any fee, commission, gift, percentage,, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement Without further liability, or to deduct from any sums payable to 'Professional Services Provider hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Professional Services Provider Warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, ,financial, proprietary, or otherwise, -in this transaction or in the business of Professional Services Provider, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Professional Services Provider shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Professional Services Provider warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Professional Services Provider is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 9 of 12 July 2015 CITY OF SEAL BEACH DATA TICKET, INC. By: ' . : By. Brook Westcott Jill Ingram, City Putan r Name: Chief Operating Officer : . .. . Attest: .. Its:. . . p BY: JA Tina Knapp, City Clerk - 7t Name. : apt :s l A pP its � C s y roved.as o .. . 1 _. City Attomey. 57296-0001\123e$0avl.doc Exhibit A Scope of Services 11 of 12 July 2015 00 Campus Drive, DATA 46 Newport Beach, CA 926 000 2' TICKET inc. 888-752-061 SalesO-DataTicket.com EXHIBIT A -SCOPE OF SERVICE AND PERFORMANCE AGREEMENT Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (here-in-after sometimes referred to as "COMPANY") AND THE CITY OF SEAL BEACH 211 EIGHTH STREET SEAL BEACH, CALIFORNIA 90740 (here-in-after sometimes referred to as "AGENCY"), The Company intends to provide for the processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process parking;citations which COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY. 1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY within seven (7) days of-receipt, by COMPANY'S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable. 1.3 Collection and deposit of funds: A"direct deposit"system shall be employed for all funds received in payment of citations. The AGENCY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting AGENCY. The COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 6%, (or lower if any statutes, rules or regulations prohibit this rate). If the COMPANY deposits into an account held jointly between the AGENCY and the COMPANY, the 00 Campus Drive, Suite 200 '19ATAW 46Newport Beach, CA 92660 TICKE11101. 888-762-0612 T* . Sales@DataTicket.com COMPANY shall reconcile the account the month following the banking activity,, disburse all revenue due the AGENCY, the COMPANY, any tax or surcharge liability and all refunds and provide all supporting documentation for the AGENCY records. 1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and attempt to obtain the name and address of the registered vehicle owner from the State Department of Motor Vehicles (D MV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time'me period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the Vehicle Code when identifying registered vehicle owners. 1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfe'rs to other vehicles; name changes; and the validity of plates and registration during'!specific time periods applicable to individual cases. 1.6 Delinquency Notices: In accordance with State law, COMPANY will generate and mail (presorted, first-class postage) no sooner than allowable by law, a delinquency notice to all,identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the State Vehicle Code, including, but not limited to thel following: A. The parking citation issuance date and number; B. The consequences of nonpayment(i.e., a hold on the vehicle registrationand the imposition of penalties, towing, or issuance of a possible warrant for arrest); C. The amount of fines and fees due and payable; D. Affidavit of Non-Ownership. 1.7 Registration Holds: The COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and fees due against those vehicles in: accordance with the Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law. 1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation 2 I1MTA.W 4600 Campus Drive, Suite 200 Newport Beach,CA 92660 888-762-0512 - TICKET' Sales@DataTicket.com fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an appeal according to the laws in the state of,citation issue. All contested citations will be forwarded to the appeals administrator or AGENCY within the prescribed time period so that the matter can be adjudicated. 1.10 Appeals: If requested by AGENCY, the COMPANY will schedule and conduct' appeals in accordance with state law, to respond to parking violators wishing to contest their citations. The COMPANY will provide a toll-free number for contestants to:call, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court if required., The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay any court filing fees due, if appeals are sent to Court and earlier decisions are overturned by the Court. 1.11 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/court action. Parking citations that are dismissed as a result of hearing/court action, will have the,dismissal processed by the COMPANY promptly after receipt from the Hearing/Court. 1.12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY. 1.13 Payments by U.S. Mail: It is the citizen's responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due. 1.14 Parking Citation System Master File Update: COMPANY will regularly, on a daily basis, update the parking citation database with new citations, payments, reductions, cancellations, dismissals and any other pertinent data. 3 4600 Campus Drive, Suite 200 TI Newport Beach, CA 92660 888-762-0612 CKET'inc. Sales@DataT!cket.com ARTICLE 11 - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for at least one (1) year, for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments within twenty- four(24) hours of receipt. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are payments with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices-of lntent).i "Partial Payments" are payments paid for less than the amount of bail due. A notice or additional correspondence may advise defendant of late charges and/or incorrect bail. "Court/Hearing Requests" are all requests for administrative/court hearings by defendants. These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow-up either by AGENCY or by COMPANY. Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all I batch numbers included in the deposit. The batch of citation payment documentation shall then be scanned and stored electronically on the,network for a minimum period of three (3) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments, using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. 4 00 Campus Drive,Suite 200 DATAS 46Newport Beach, CA 92660 TICKEinc, 888-752-0512 T Sales@DataT!cket.com Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in triplicate. If a joint account between COMPANY and AGENCY is opened, all deposits shall be directly deposited and COMPANY shall perform all reconciliation and check generation alo,ng with monthly invoicing. If only the AGENCY'S designated bank account is used, COMPANY will deposit directly into the designated account, but will have no authorization to perform any other duties. Monthly invoicing will be generated by the parking management system and AGENCY will be responsible to reconcile the account and cut all checks. In that case, AGENCY will supply deposit slips and endorsement stamp to COMPANY 2.7 Revenue Report: A monthly revenue report will list all revenues received during a given month. This report will also provide information regarding the AGENCY'S responsibility for any taxes on collected funds. ARTICLE III —WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review and interface of its database, including all citations and information relating to changes in status. 3.2 Patron Web Site Access: When the AGENCY has web site access, the citizens who receive citations will be able to access the web site to review their individual citations, pay on-line and appeal on-line. 3.3 Web Site Interaction: The web site maybe "view only" or "interactive,"for AGENCY staff depending on requirements of the AGENCY. 3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily 24/7 schedule and export into Excel for easy flexible reporting. 3.5 Web Site Cost: User ID's and passwords will be assigned to the AGENCY;at no cost. ARTICLE IV—ADDITIONAL SERVICES 4.1 CVC 40215: Services provided include accepting, scheduling, reviewing and hearing of first and second level administrative appeals, interfacing and providing backup for Court appearances and notifying AGENCY contestants by phone and in writing of decisions. The AGENCY shall be responsible to pay the $25.00 Court filing fee if the review and administrative hearing decisions are overturned by the Court. DAT N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TI CKfinO. 888-752-0512 - f Sales@Dat,aTicket.com 4. 2 Other,Collections: COMPANY shall retain a percent of payments Collected on delinquent citations which have been processed in accordance-with the current Agreement, and meet the following criteria: A. - Delinquent citations; those for which the California State Department of Motor Vehicles have been placed on a registration hold and/or'dropped from the registration hold due to a transfer of ownership or non,-renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete. B. Citations with out-of-state license plates. C. Any other problem or special citations that AGENCY so designates and refers to COMPANY under this Agreement. 4.3 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect. ARTICLE V- GENERAL 5.1 Public Inquiries The COMPANY will respond to reasonable inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination, unless the COMPANY has been designated to handle appeals. 5.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval. 53 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law. 5.4-Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. 5.5 Ownership All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY, (collectively 6 4600 Campus Drive, Suite 200 IIXTAU Newport Beach, CA 92660 TICKEinc. 888-762-0612 T Sales@DataTicketcom the"Materials"), are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of, COMPANY, and the AGENCY shall acquire no right or title to said Systems. 5.6 Property of AGENCY: All documents, records and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to retum.same promptly to AGENCY no later than forty-five (45) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY'S computer facilities to AGENCYS designated point of delivery, plus any open invoices. 5.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it-will have to impart to the AGENCYS employees information contained t in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL", "PROPRIETARY' or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 5.8 hereiribelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 5.8 Consent for Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees,, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organizations that are necessary to properly effectuate the terms and conditions of this agreement. This Non- Disclosure obligation shall survive the Termination of this Agreement. 5.9 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for processing under the scope of services. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 5.10 Storage for AGENCY: 7 TA R 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKEinc, 888-762-0612 T Sales@DataT!cket.com A. COMPANY agrees to store original citations, manually scanned or received electronically, on the network for a minimum of three (3) years. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return all hard copies to the AGENCY or shred them. If requested, an electronic file, diskette or CD of all processed data will be available to the AGENCY. ARTICLE VI - REPORTS 6.1 Periodic Reports: COMPANY will submit reports to AGENCY each month. The reports will provide activities relating to performance under this Scope of Services. Among the reports, which COMPANY will generate, are the following: A. Report of Revenue Collected for Period B. Report for Parking Citations Issued for Period C. A balanced summary report for issuing AGENCY providing the,status of all parking citations at the beginning of the period, current period and at the end of the period. I D. A report for issuing Agency identifying registered vehicle owners with multiple outstanding parking citations. E. A report for issuing Agency identifying the parking citations issued, location, and violation by officer. 6.2 PCI Compliance Reports/Certificates: Quarterly and Ad Hoc certificates will be sent to the Agency. 6.3 Annual Reports,: Annually, COMPANY shall comply with existing state IC1VVb. ARTICLE Vii—TERM OF CONTRACT AND COSTS 7.1 Terms and Renewals: This Agreement shall be for five (5) years commencing as of the last date of signature. Unless notice of termination, is made in writing by either party to the other no less than ninety (90) days prior.to the end of the scheduled term, this Agreement shall automatically renew for additional one (1)year periods. In conjunction with the automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the AGENCY gives notice of its rejection of these price 4600 Campus Drive, Sulte,200 DATA Newport Beach, CA 92660 888-762-0612 TICKET Sales@DataT!cket.com .adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 7.2 Cancellation: Upon a material breach or upon ninety (90).days written notice to the COMPANY, the AGENCY may cancel or terminate this Agreement. The;COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by the AGENCY. 7.3 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY during the term of the Agreement for the processing of the citations referred to;above. AGENCY agrees during the term of the Agreement, to not directly or indirectly engage a competitor of the COMPANY for the performance of the services provided by the COMPANY under this Agreement. 7.4 Costs: Please see Cost Proposal for all associated costs. ARTICLE Vill —CLAIMS AND ACTIONS 8.1 AGENCY Cooperation: in the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within five (5) days, of said claim or action. 8.21-lold Harmless: COMPANY and AGENCY agree to the following hold harmless Clauses: A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with the performance by COMPANY or AGENCY or any of their officers, employees or agency under this AGREEMENT, excepting only loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs and liabilities for loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of or in connection with the performance by the AGENCY or any of its officers or employees under this AGREEMENT. ARTICLE IX—SUBCONTRACTORS AND ASSIGNMENTS 9 [BATA W 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 888-762-0612 TICKE1 inc. Sales@DataT!cket.com 1 9.1 Subcontracting: COMPANY is authorized to engage subcontracts as permitted by law at COMPANY'S own expense, subcontracts shall be deemed agents of COMPANY. 9.2 Assignments: This contract may not be assigned without the prior consentI�of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this Agreement. ARTICLE X- INDEPENDENT COMPANY 10.1 COMPANY'S Relationship: COMPANY'S relationship to the AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall not be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation,!and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights. ARTICLE XI —INSURANCE 11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the,term of this Agreement,the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be cancelled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the AGENCY. A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than two million ($2,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self-insured retention maintained by the AGENCY, its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy. 13) Comprehensive automobile liability, owned, non-owned and hired vehicles with not less than one million ($1,000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such 10 00 Campus Drive, Sulte,200 DATAW 46Newport Beach, CA 92660 TIKET;na 888-752-0512 1 Sales@DataTicket.coni insurance shall include the same additional-insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above. C) Throughout the period of the Agreement, COMPANY, at its sole cost, shall maintain in full force and effect a policy of worker's compensation insurance covering all of its employees as required by the labor code of the State of California. ARTICLE X11 — ENTIRE AGREEMENT 12.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed i by both parties. 12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 12.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following: a DATAS 4600 Campus Drive, Suite,200 Newport Beach,CA 92660 TICKET in 888-752-0512 Sales@DataTicket.com AS TO THE AGENCY: THE CITY OF SEAL BEACH 211 EIGHTH STREET SEAL BEACH, CALIFORNIA 90740 AS TO THE COMPANY: DATA TICKET, INC. A California Corporation 4600 CAMPUS DRIVE, STE 200 NEWPORT BEACH, CALIFORNIA 92660 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: COMPANY: CITY OF SEAL BEACH DAITA TICKET, INC. I Signature i nature R vy t� Print Name and Title P`nt Name Ti Date Date - iz - i Exhibit B Fees for Services 12 of 12 S7296-000111236808vl.doc 00 Campus Drive, Suite 200 DATA 46Newport Beach, CA 92660 . 949 752 6937 (x)310 -Phone TICKET inc MFleming@DataT!cket.co; m EXHIBIT B— FEES FOR SERVICES PROPOSAL FOR THE CITY OF SEAL BEACH Manual Parking Citation Processing: $0.85 Services for the above-mentioned items include: • On-site-data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi-monthly shredding of manually written citations Electronic Parking Citation Processing: $0.60 Services for the above-mentioned items include: • Automated citation transmission into Data Ticket's Citation Management Solution 2417 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Courtesy Notice: $0.75 Services for the above-mentioned item include: • Semi-custom Courtesy Notice that is printed on an 8 Y?x 11" piece of paper and provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are viewable via the web • All notices sent via 1t Class Mail • All notices include a return envelope in which the responsible party may submit payment • This cost will increase as the US Postal Service increases the 1st Class postage rate • This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual. Out-of-State Collections: 28% of revenue collected • This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid • Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have! an assigned ORI, Data Ticket will request usage of the ORI for reference/audit purposes only. Data Ticket utilizes its own ORI for transactional purposes • This fee is not combined with any other contingency fee. For example if a citation is rolled to a delinquent status, only 28% of revenue collected will be charged • If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency does not owe this fee. 00 Campus 46 Drive, Suite!200 DATA Newport Beach, CA 92660 949 752 6937 (x) 310-Phone TICKET inc. MFleming@DataTicket.com EXHIBIT B— FEES FOR SERVICES PROPOSAL FOR THE CITY OF SEAL BEACH Delinquent Collections: 30% of revenue collected • This fee will be assessed when a citation is ninety-(90)days past the citation issue date, or when a second (2nd) notice is sent if sooner than ninety (90)days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason 1, • In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner 1 • All notices are sent via First Class mail and all notices are printed on an 8 Y2 x 11"isheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment • All notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee i • Notices will be sent via 1St Class Mail, and Data Ticket will be responsible for the Cost incurred Franchise Tax Board Processing SSN Look-up $3.00 per SSN 0 This fee will be assessed to lookup a social security number associated with a particular registered owner and address • This charge is charged per unique SSN, not per citation FTB Collections 16% of revenue collected • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge;for example if a citation is roll d to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • Data Ticket will send an FTB Notice to the Patron as required by the Interagency I I ntercept Program;this notice will be sent via 1St Class Mail • All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee • Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail Credit Reporting Collections Legal Action Not Required 30% of revenue collected • This fee is charged if a citation is paid at Advanced Credit Reporting Collections • This charge is not combined with any other charge;for example if a citation is rolled to delinquent status and paid at Credit Reporting Collections, only the 30%of revenue collected will be charged 00 Campus Drive, Suite,200 DAT� N 46Newport Beach, CA 92660 949 762 6937 (x)310 - Ph'one TICK 'ET MFleming@DataTicket.com EXHIBIT B—FEES FOR SERVICES PROPOSAL FUR THE CITY OF SEAL BEACH Adjudication: 1st Level Review Hold & Scanning of Review Request $0.50 per citation • Data Ticket will review all documentation received by the Appellant and determine,Whether the request received within the required timeframe • If the request was received within the required timeframe, Data Tickets Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it is displayed On the web for the Agency's Staff • If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a"time expired letter" rejecting the appeal ,1St Level Review Disposition $1.00 per citation • Data Ticket will review all documentation received by the Appellant and render a'disposition • The disposition will be available online for the Agency's Staff to review ,1St Level Review Disposition Letters $0.76 per letter • Data Ticket will send a custom disposition letter to the Appellant via 1t Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday-Friday 2nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 P er citation • Data Ticket will review all documentation received by the Appellant and determine'whether the request received within the required timeframe • If the request was received within the required timeframe, Data Tickets Adjudication Department will place the citation on an Administrative Hearing Request Hold and:scan all received documentation into the Solution so that it is displayed on the web for the Agency's Staff and the Hearing Officer i • If the request is received outside the required timeframe, the Agency will have theloption to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a"time expired letter" rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency's schedule 2nd Level Hearing Disposition $85.00 per hour • Data Tickets independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings • Each hearing request will be reviewed, heard or read, and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency,Appellant and Data Ticket • Hearings will be scheduled • The Agency will incur costs associated with mileage as defined by Federal guidelines • Data Ticket will work with the Agency to arrange for the use of a conference room,at a Agency location or the Agency may elect to have citations heard at a centralized location within the County 00 Campus Drive, Suite 200 DATA 0 46Newport Beach, CA 92660 949 762 6937 (x) 310 -Phone TICKET MFleming@DataT!cket.com EXHIBIT B— FEES FOR SERVICES PROPOSAL FOR THE CITY OF SEAL BEACH 2nd. Level Hearing Schedule & Disposition Letters $0.75 per letter • Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail, • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday- Friday Joint/Escrow Banking Services $100.00 per month Services for the above-mentioned item include: • Daily deposits of funds to the Agency's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected • Disbursement of County/State Surcharges at month-end • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps;these fees typically run $200.00 per year Charge-backs and NSFs $5.00 per issued instance • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds $5.00 per issued instance • Data Ticket will process refunds when notified of each need • In the event the utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail Monthly Minimum $200.00 • A minimum fee of$200.00 will be charged on a monthly basis if services do not reach this level i 00 Campus Drive, Suite,200 DATAW 46Newport Beach, CA 92660 TICKEinc. 949 762 6937(x)310-Phone T MFIeming@DataTicket.cdrn PROPOSAL FOR THE CITY OF SEAL BEACH.-SERVICES INCLUDED AT NO ADDITIONAL COST Online Access for the Agency's Patrons: Included The Agency's Patrons will have the ability to perform the following functions online: • View real-time citation(s) data • Pay for a single or many citation(s) • Request a I't Level Administrative Review and attach up to three documents supporting their position I • Request a 2 nd Level Administrative Hearing Request and attach up to threei documents supporting their position • Print a receipt • View pictures of the citation taken by the issuing officer(if the Agency allows) Online Access for the Agency's Staff: Included Access to the Agency's data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket. Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the username is displayed next to every transaction in the 1 stem, sy indicating who performed the transaction and when. Dependent on the access rights provided to each Agency Staff member, the following capabilities are available: • View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express cr6dit/debit cards • Accept payment via Cash, Check or Money Order • Process NSFs and Refunds • Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold • Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others I • Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non responsibility for a citation in the adjudication process. • View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online an:d view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information Campus Drive, Suite,20 AT- A E 4600 Newport Beach, CA 92660 TICKEni�, 949 752 6937(x)310 -Phone P MFleming@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH -SERVICES INCLUDED AT NO ADDITIONAL COST Reporting: Included a Data Ticket offers 23 reports online for our-Clients to generate, print and reprint 2417. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we-do not purge data unless specifically ,. requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. Manual Payment Processing: Included • Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach:,office • On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department • After double-blind entry,of each payment,'the citations are updated by our duality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Registered Owner Information: Included • Registered owner information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day • Registered owner information for all citations issued on out of state license I plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service I • Access to this system requires the use of the City's ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data • Turnaround time for acquisition of out of state registered owner information,using NLETs is same day CA DMV Holds and Releases: I Included • California DMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time, upon request • Citation amounts placed on hold are updated daily in the event a partial payment is made 4600 Campus Drive, Suite 200 DATAW Newport Beach, CA 92660 49 752 6937(x)310-Phone T KET!ne, 9MFleming@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH -SERVICES INCLUDED AT NO ADDITIONAL COST Customer Service: Included • Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review. • Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included • Data Ticket's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitatioriProcessin-qCenter.com; this is a generic website in the sense.that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online I • If the Agency prefers to have an Agency branded website, one in which the;look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency. Conversion: Included • Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency I • Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner 00 Campus Drive, Sulte,200 ������'S 46Newport Beach, CA 92600 TICKEinc 949 752'6937(x) 310 - Phone T MFleming@DataT!cket.colm PROPOSAL FOR THE CITY OF SEAL BEACH—FEES ASSESSED TO THE PATRON Credit/ Debit Card Processing $3.50 per transaction • Data Ticket is PC[ Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CftationProcessin.qCenter.com, via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bi- lingual IVR Solution • There is no charge to the Agency for credit/debit card processing; however, the Patron is charged $3.50 per transaction; this means the Patron can pay fora single or many citations at once and incur a single $3.50 fee Payment Plan Processing variable cost • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be Credit Card Chargeback Processing $30.00 per transaction I • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback • No fee will be charged to the Agency