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HomeMy WebLinkAboutAGMT - Data Ticket Inc and Amendment No 1 (Processing of Fines Bails & Forfeuiture)(Parking Citation Processing Center)AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 This Amendment No. 1, dated September 25, 2023, amends that certain Professional Service Agreement dated December 9, 2019 ("Agreemenf), 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"). RE,PVTAL-S- A. City and Professional Services Provider, are parties to the Agreement under vfiich!`Rrof6w§fional-,Servic6-" viderpfqq's.ses fih6s, bail, n - 6rfelture for the-SeaLl3bacWPO I-Ei t ih,donne�gtibhAi th the issuance of citations .fit -I I -V for illegalparking�Within- City. B. Section 1 of the Agreementiprovides Jor aqthree-yoar.initial Term with.two. additi6rtal,,0it&y,earexten Monsi discretion. S. C. City and Professional Services -Provi­d erAre-,tire to,am-end the Agreq ment, , by., -this Anbndmbat No. 1, in 0rd& to ext6ndfhb Agreement's term to and inclddifig,Dec6mber% 2023, ands to authorize:�6R--Uditi6nalonetyear extension I Ah, dibleAi0cfetion. D. Professional .Services Prov ider -represents that it remains qualified: and able, to-provid ity-'Wth;,the,servi I ce . ks, ,,land th?it.detires -to continue pe orming such services .AMENDMENT. NO. I NOW THEREFORE, in consideration of the Parties' performance of the promises covenants, and conditionstated herein, the Parties hereto agree as follows., Section 1. Section 2.0 (Te") of the Agreement is hereby amended in its-entir4 '--' d q ',to-rea, - as follows: .1 "2:0. Term 2.1 -Original -Term. ThisAgreeme0 onginally commenced as--ofithe Effqkdive- date, and. continuedforA. term. -cif three, (3) years through an-dIpplu.di, n Q:9 inal'Tierftf). 2.2. First Extension. This Agreement. is -herqOy extended for one additional -one=br-.,tgrm,.(,dttt)60tiveig,commencing from. December 9, 2022 to and including, Mbbrilbe,r- 9, 2023, ("First Extension") unless sooner 'terminai6d,'."of` extended as provided in this agreement. Professional Services Rrovider, has waived Its.-ri-Ot to pitior.ijqfydb of City's,option to exercisea is.,.extension. 2.3. Second Extension. Cit atjts� t, ionmay elect to extend Mo this Agreement; upon thgi"' 'ni's and 'conditions, ,for one notice,. to, Contractor at east -thirty -(30) -days_ peior'�h,oti'%',,;of-"'City 's option.-to--Laxercise an Extension, the'Cit-,.-,'the Second l extension. If timely Aijqle�Oy� ,y- shall have a term extending from December 9, 2023 through and including December 9, 2024, unless sooner terminated or extended pursuant to this Agreement. Any such extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives." Section 2. Section 5.0 (Termination) is hereby amended in its entirety to read as follows: "5.0 Termination 5.1. Termination by Ci 5.1.1. This Agreement may be terminated by City, without cause, upon giving Professional Services Provider written notice thereof not less than 60 days prior to the date of termination. 5.1.2. 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. 5.2. Termination by Professional Services Provider. 5.2.1. This Agreement may be terminated by Professional Services Provider based on reasonable cause, upon giving City written notice thereof not less than 60 days prior to the date of termination. 5.3. Obligations upon Termination. Unless otherwise specified in the notice of termination, Professional Services Provider shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued by City under Subsection 5.1, or upon the date of termination indicated in Contractor's notice of termination issued to City under Subsection 5.2. Upon termination, City shall be immediately given title to and possession of City data provided, produced or developed pursuant to this Agreement up to the date of termination in accordance with Section 10. Provided that Professional Services Provider is not then in breach, City shall pay Professional Services Provider for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are 3 of 5 specified herein. In no event shall Professional Services Provider be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Professional Services Provider shall not be entitled to receive more than the amount that would be paid to Professional Services Provider for the full performance of the Services up to date of termination. Professional Services Provider shall have no other claim against City by reason of such termination, including any claim for compensation or damages." Section 3. Section 27.0 (Non Appropriation of Funds) is hereby added to the Agreement to read as follows: "27.0 Non -Appropriation of Funds Payments to be made to Professional Services Provider by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Professional Services Provider's Services beyond the current fiscal year, this Agreement shall cover payment for Professional Services Provider's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year." Section 4. All references to the term "Agreement' throughout Sections 1.0 through 26.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated September 25, 2023, as if all of those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 6. The persons executing this Amendment No. 1 on behalf of Professional Services Provider each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Professional Services Provider is formally bound to the provisions of this Amendment No. 1. [SIGNATURE PAGE FOLLOWS] 4of5 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this First Amendment as of the date and year first above written. CITY OF SEAL BEACH M Attes By: Approvea as rm: By: vw��e Nicholas R. Ghirelli, City Attorney DATA TICKET, INC. Name � )A lis: me: 5 of 5 -D1 p -CC 1nz � CU ��D�► v1cC5 ACORH `C> CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DONYYY) 11/4/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PIA Select Insurance Solutions - Service Location 1938 Vista Del Oro Santa Maria CA 93458 CONTACT NAME: Lynette (Lynn) Eye W%Ext : 805-975-3531 (A/c, No): N/A ADDRESS: Iynn.eye@piaselect.com INSURER(S) AFFORDING COVERAGE NAIC9 INSURER A: Colony Insurance Company 39993 INSURED Data Ticket, Inc. DBA: Revenue Experts 2603 Main Street, Stc. 300 Irvine CA 926144200 INSURER B: Employers Assurance Co. 10346 INSURER C: Continental Casualty Company 20443 INSURER D: Arch Specialty Insurance Company & see attached 21199 INSURER E: Travelers Casualty and Surety Company of America 31194 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (MMIDDNYYY) (MM/DDIYYYY) LIMITS A )C COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y 103 GL 0215056-00 11/01/2023 11/01/2024 EACH OCCURRENCE S 1,000,000 0 HEN! ED PREMISES (Ea occurrence) S 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FJECT PHIF—]LOG MOTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMP/OPAGG S 2,000,000 S A131 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY I)cAUTOS ONLY 103 GL 0215056-00 11/01/2023 '+ 11/01!_04 Ea accident $ 1.000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ (Per accident) S S A X UMBRELLA UABOCCUR EXCESS LIAB HCLAIMS-MADE XS176835 11/01/2023 11/01/2024 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I I RETENTION S $ B WORKERS COMPENSATIONt D EMPLOYERS' LIABILITY Y / NANY FFICERIMEMBERPROPRIETOEXCLUDE IEXECUTIVE� Mandatory In NH) If. es, describe under ESCRIPTION OF OPERATIONS below NIA y EIG4581764-04 11/01/2023 11/01/2024 X STAME ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 See attached Additional Remarks Schedule for additional policies DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORO 101, Additional Remarks Schedule, maybe attached If more space Is required) It is agreed the Certificate Holder listed below is included as Additional Insured including Waiver of Subrogation and Primary & Non -Contributory wording as required by written contract. Workers Compensation includes a blanket Waiver of Subrogation (see attached). CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach, its directors, officials, ACCORDANCE WITH THE POLICY PROVISIONS. officers, employees, agents & volunteers AUTHORIZED REPRESENTATIVE 211 8th St. Seal Beach, CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ,v► oftb® ADDITIONAL REMARKS SCHEDULE Page of AGENCY PIA Select Insurance Solutions NAMED INSURED Data Ticket, Inc. DBA: Revenue Experts POLICY NUMBER Various policies -see below CARRIER Various carriers -see below NAIC CODE EFFECTIVE DATE: Various dates THIS ADDITIONAL REMARKS FORM 1S A SCHEDULE TO ACORD FORM, j FORM NUMBER: 25 FORM TITLE: Attachment to Certificate of insurance Insurer C: Continental Casualty Company Professional Liability/Errors & Omissions Policy #287188360 Policy period: 11/1/2023 to 11/1/2024 Limit: $2,000,000 $10,000 Retention per claim Insurer D: Arch Specialty, Ascot Specialty, Fireman's Fund & Fortegra Specialty Insurance Companies Cyber Liability Policy #C-4LPY-035907-CYBER-2023 Policy period: 3/2412023 to 3/24/2024 Limit: $3,000.000 $5,000 Retention per claim Insurer E: Travelers Casualty and Surety Company of America Crime Policy #105702099 Policy period: 11/1/2023 to 11/1/2025 Limit: $1,000,000 $25,000 Retention per claim ACORD 101 (2008101) V zuuu AUUKU L UKrUKA uvly. Au ngnTS reserves. The ACORD name and logo are registered marks of ACORD 103 GL 0215056-00 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 103 GL 0215056-00 103 GL 0215056-00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract with the Named Insured All locations which are afforded coverage under this that is executed by the parties to the contract prior to policy. the commencement of work that is called for in the contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 103 GL 0215056-00 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 POLICY NUMBER: 103 GL 0215056-00 103 GL 0215056-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 0412 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 103 GL 0215056-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION This endorsement modifies insurance provided under the following: OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. 2. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for one or more of the follow- ing reasons: (1) nonpayment of premium or failure to pay a premium when due; (2) conviction of an insured of a crime arising out of acts increasing the hazard insured against; (3) violation of any local fire, health, safety, building or construction regulation or ordinance which increases the hazard insured against under the policy; (4) any willful or reckless act or omission by an insured increasing the hazard insured against; (5) omission or concealment of fact relating to an insurance application, rating, claim or coverage under this policy; (6) failure or refusal of an insured to: (a) provide information necessary to confirm exposure or determine the policy premium; or (b) comply with underwriting requirements; (7) a substantial change in the risk covered by the policy; (8) loss of reinsurance or substantial decrease in reinsurance; (9) the cancellation is for all insureds under such policies for a given class of insureds; or (10) any reason determined by the insurance commissioner. b. 30 days before the effective date of cancellation if we cancel for any other reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U173AS-0708 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. rol 5C PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 H Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 This Professional Service Agreement ("the Agreement") is made as of December 9, 2019 (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. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Professional Services Provider to provide the professional services in the manner set forth herein and more fully described in Section 1.0. C. Professional Services Provider represents that it is qualified and able to provide City with such services, and that it desires to perform such services as provided herein. 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. As a material inducement to City to enter into this Agreement, Professional Services Provider hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Professional Services Provider hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Professional Services Provider, and Professional Services Provider's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Professional Services Provider and its staff shall perform the Services in such manner. 1.5. Professional Services Provider will not be compensated for any work performed not specified in Exhibit A unless the City authorizes such work in 2of16 advance and in writing. The City Manager 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. Any extension shall not be effective except upon execution of a written amendment to this Agreement authorized by the City Council, and executed by the City Manager and the Professional Services Provider's authorized representatives. 3.0 Professional Services Provider's Compensation 3.1. City will pay Professional Services Provider in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services, but in no event shall the City pay more than the specific fee listed for the related task set forth in Exhibit B, attached hereto, during the original term. 3.2. In the event that the City elects to extend the original term in accordance with Section 2.0 of this Agreement, City will pay Professional Services Provider in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services, but in no event shall the City pay more than the specific fee listed for the related task set forth'in Exhibit B, attached hereto, during each extension. 3.3. Any additional work authorized by the City pursuant to Section 1.5 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's 3of16 W Q 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 four (4) years following the termination of this Agreement. 5.0 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 maybe 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. 6.2. The Chief Operating Officer 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 4of16 (7) 0 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 the Services under this Agreement on behalf of Professional Services Provider shall also not be employees of City and shall at all times be under Professional Service Provider's exclusive direction and control. Professional Services Provider will determine the means, methods, and details by which Professional Services Provider's personnel will perform the Services. Professional Services Provider shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. Professional Services Provider and all of Professional Services Provider's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 8.2. All of Professional Services Provider's employees and other personnel performing any of the Services under this Agreement on behalf of Professional Services Provider shall also not be employees of City and shall at all times be under Professional Services Provider's exclusive direction and control. Professional Services Provider and Professional Services Provider's personnel shall not supervise any of City's employees; and City's employees shall not supervise Professional Services Provider's personnel. Professional Services Provider's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Professional Services Provider's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Professional Services Provider shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Professional Services Provider's personnel require to perform any of the Services required by this Agreement. Professional Services Provider shall perform all Services off of City premises at locations of Professional Services 5of16 Provider's choice, except as otherwise may from time to time be necessary in order for Professional Services Provider's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Professional Services Provider's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. 8.3. Professional Services Provider shall be responsible for and pay all wages, salaries, and other amounts due such personnel in connection with their performance of the 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, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Professional Services Provider and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. 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 or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section 8.0. City shall have the right to offset against the amount of any fees due 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 PERS Compliance and Indemnification 9.1. General Reauirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Professional Services Provider agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Professional Services Provider shall assure compliance with the Public Embloyees' Retirement Law, commencing at Government Code § 20000, the 6of16 0 Q regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Professional Services Provider shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Professional Services Provider shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its 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, caused by, or relating to Professional Services Provider's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Professional Services Provider's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Professional Services Provider covenants that all data, documents, discussion, or other information developed or received by Professional Services Provider or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Professional Services Provider without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Professional Services Provider's covenant under this Section shall survive the termination of this Agreement. 11.0 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. 12.0 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. 7of16 13.0 Inspection and Audit of Records Professional Services Provider shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Professional Services Provider shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Professional Services Provider shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Professional Services Provider shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Insurance 14.1. Professional Service Provider shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Professional Services Provider 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. 14.2. 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: Vill, 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); :•AC (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. Professional Services Provider 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 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. 14.3. 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 Professional Services Provider, 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. 14.4. 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. 14.5. 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 9of16 Provider shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.0 Indemnification, Hold Harmless, and Duty to Defend 15.1. To the fullest extent permitted by law, Professional Services Provider shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent 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 officers, directors, employees, agents, or subcontractors, or their officers, directors, employees, agents or subcontractors (or any entity or individual that Professional Services Provider shall bear the legal liability thereof), 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 Ioss 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. 10 of 16 15.2. Subcontractor Indemnification. Professional Services Provider shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Professional Services Provider in the performance of this Agreement. If Professional Services Provider fails to obtain such indemnities, Professional Services Provider shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Professional Services Provider's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Professional Services Provider's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except to the extent arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 15.3. The obligations of Professional Services Provider under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Professional Services Provider expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Professional Services Provider's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Professional Services Provider pursuant to this Agreement, or by the insurance proceeds, if any, received by Professional Services Provider, the City, or any of the other Indemnitees. 15.4. All duties of Professional Services Provider under this Section 15.0 shall survive the expiration or termination of this Agreement. 16.0 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. 17.0 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 11 of 16 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. 18.0 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 agreements. This Agreement may only be modified by a writing signed by both parties. 19.0 Severability 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. 20.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 22.0 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. 23.0 Prohibited Interests; Conflict of Interest 23.1. 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 12 of 16 be employed by it. Furthermore, Professional Services Provider shall avoid the appearance of having any interest, which would conflict in any manner 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. 23.2. 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 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. 23.3. 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 Professional Services Provider 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. 24.0 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. 23.0 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 13 of 16 between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 26.0 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. CITY OF SEAL BEACH 'MXIll � WMA Attest: By: AGlod Approved By: Craig v«ciV, very nevi t iay DATA TICKET, INC. By: Brook Westcott Name: Chief Operating Officer Its: By: Name: Its: 14 of 16 3 0 6 Exhibit A Scope of Services 15 of 16 Exhibit B Fees for Services 16 of 16 DATA 0 TICKET""' Q Data Ticket - Exhibit A 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicket.com SCOPE OF SERVICE AND PERFORMANCE AGREEMENT Data Ticket, Inc. 2603 Main Street, Suite 300 Irvine, California 92614 (here -in -after sometimes referred to as "Company") AND City of Seal Beach 2118th 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 COMPANY shall reconcile the account the month following - 1 - Q 0 Data Ticket - Exhibit A DATAN 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949-428-7241 ClientServices@DataTicket.com 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 (DMV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time 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 transfers 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 the following: A. The parking citation issuance date and number; B. The consequences of nonpayment (i.e., a hold on the vehicle registration and 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 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 - 2 - 0 0 Data Ticket - Exhibit A DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET ins.949-428-7241 ClientServices@DataTicket.com 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. ARTICLE II - 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 - 3 - N DATA N TICKET inc. statistical purposes. 0 Data Ticket - Exhibit A 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicket.com 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 -Intent). "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. 2.4 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 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. 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 along 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 - 4 - Q Q Data Ticket - Exhibit A DATA ■ 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET Inc. 949-428-7241 ClientServices@DataTicket.com 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 may be "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 California Vehicle Code 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. 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 - 5 - Data Ticket - Exhibit A DATA ■ 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949-428-7241 ClientServices@DataTicket.com 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. 5.3 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 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 - 6 - 0 Q Data Ticket - Exhibit A DATA ■ 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949-428-7241 ClientServices@DataTicket.com in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return 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 AGENCY'S 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 AGENCY'S employees information contained 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 hereinbelow. 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, unless requested under State or Federal law, subpoena or court order. Agency shall promptly inform Company of any such request or order of disclosure immediately upon receipt by Agency. 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: 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. - 7 - C DATA 0 TICKET"` ARTICLE VI - REPORTS 0 Data Ticket - Exhibit A 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicket.com 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. 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 laws. 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 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 -a- Q O Data Ticket - Exhibit A DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET me 949-428-7241 ClientServices@DataTicket.com 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: Cost shall be charges as set forth in Exhibit A. ARTICLE VIII — 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. 8.2 Hold 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 9.1 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 consent 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 - 9 - O Q Data Ticket - Exhibit A DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949-428-7241 ClientServices@DataTicket.com pay all wages and salaries and shall 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. B) 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 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 XII — SECURITY PROVISIONS 12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to: A) All AGENCY employees who are provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings. —io— a Q Data Ticket - Exhibit A DATA0 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949.428-7241 ClientServices@DataTicket.com B) All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities. C) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role. D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach. E) AGENCY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information. F) AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with. G) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused. ARTICLE XIII — ENTIRE AGREEMENT 13..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 by both parties. 13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 13.3 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: Q Data Ticket - Exhibit A DATAN 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949-428-7241 ClientServices@DataTicket.com AS TO THE AGENCY: City of Seal Beach 2118th Street Seal Beach, California 90740 AS TO THE COMPANY: Data Ticket, Inc. A California Corporation 2603 Main Street, Suite 300 Irvine, California 92614 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: CITY OF SEAL BEACH Signature Print Name and Title Date COMPANY: DATA TICKET, INC. Signature Print Name and Title Date - 12 - DATAW TICKET inc. Data Ticket - Exhibit B 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 - Phone ClientServices@DataTicket.com FEE SCHEDULE FOR THE CITY OF SEAL BEACH Manual Parking Citation Processing: Services for the above-mentioned items include: $0.85 • 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: $.60 Services for the above-mentioned items include: • Automated citation transmission into Data Ticket's Citation Management Solution 24/7 • 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 Y2 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 1St 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% • 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 26% 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. 10/09/19 Data Ticket - Exhibit B 2603 ��,Street, Suite 300 DATA . Irvine, CA 92614 TICKET inc. 949 428-7241 -Phone ClientServices@DataTicket.com FEE SCHEDULE FOR THE CITY OF SEAL BEACH EXHIBIT A Delinquent Collections: 30% • This fee will be assessed when a citation is ninety (90) days past the citation issue date, or when a second (2"d) 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 • In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner • All notices are sent via First Class mail and all notices are printed on an 8'/ x 11" sheet 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 • Notices will be sent via 1 St Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing SSN Look -up $3.00 • 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 15% 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 rolled 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 Intercept 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 10/09/19 Data Ticket - Exhibit B 2603 MPinStreet, Suite 300 DATA ■ Irvine, CA 92614 TICKET mC 949 428-7241 -Phone ClientServices@DataTicket.com FEE SCHEDULE FOR THE CITY OF SEAL BEACH EXHIBIT A Adjudication: 1St Level Review Hold & Scanning of Review Request $.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 Ticket's 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 Letters $.75 per letter • Data Ticket will send a custom disposition letter to the Appellant vials' Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday - Friday 2"d Level Hearing Hold, Scanning & Scheduling of Hearing $.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 Ticket's 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 • 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 • 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 2"d Level Hearing Disposition $85.00 per hour — no minimum per visit • Data Ticket's 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 2"d Level Hearing Schedule & Disposition Letters $.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 10/09/19 �toData Ticket - Exhibit B 2603 Ni Street, Suite 300 DATA M Irvine, CA 92614 TICKETinc. 949 428-7241 -Phone ClientServices@DataTicket.com FEE SCHEDULE FOR THE CITY OF SEAL BEACH EXHIBIT A • Disposition letters will be sent Monday — Friday • Assembly Bill 503 Changes With many of our Agencies focused on the implementation of AB 503, a significant concern is the impact it may have on Agency's Staffs time and responsibilities. Given this, we have offered to accept and review all payment plan requests for persons claiming indigency. This new process includes the acceptance of documentation via the web and US Mail, the review of this documentation and the scanning of all the documentation and attachment to the citation to which it applies. Based on each Agency's unique business rules, Data Ticket will either accept or deny each request and then proceed to setup the payment plan or issue a letter of denial with a reason for the denial. The costs. for these services are provided below: • Acceptance and Scanning of Indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request • OR • Accepting and Scanning of Indigent Payment Plan Requests (Approval/Denial by City) 1$2.00 per request • AND • Indigent Payment Plan/Denial Letters $0.85 per letter 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 NSF's $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 10/09/19 Data Ticket - Exhibit B DATA 0 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET inc. 949 428-7241 -Phone ClientServices@DataTicket.com FEE SCHEDULE FOR THE CITY OF SEAL BEACH EXHIBIT A Refunds $5.00 per issued instance • Data Ticket will process refunds when notified of each need • In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent via 1 st 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 (not inclusive of the Joint/Escrow Banking Services fee) 10/09/19 Data Ticket - Exhibit B 2603 n Street, Suite 300 DAIAN Irvine, CA 92614 TICKET inc.949 428-7241 -Phone ClientServices@DataTicket.com 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 1St Level Administrative Review and attach up to three documents supporting their position • Request a 2nd Level Administrative Hearing Request and attach up to three 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 system, 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 credit/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 • 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 and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information 10/09/19 Cap_Data Ticket - Exhibit B 2603 Main Street, Suite 300 DATA Irvine, CA 92614 TICKET inc. 949 428-7241 -Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH - SERVICES INCLUDED AT NO ADDITIONAL COST Reporting: Included • Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re -print 24/7. 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 Quality 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 plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service • 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: 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 10/09/19 Data Ticket - Exhibit B 2603 M Street, Suite 300 ME Irvine, CA 92614 TICKET inc. 949 428-7241 -Phone ClientServices@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.CitationProcessingCenter.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 • 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 • 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 10/09/19 I 2603 XaliData Ticket - Exhibit B Street, Suite 300 DATA ■ Irvine, CA 92614 TICKET inc.949 428-7241 -Phone ClientServices@DataTicket.com Credit / Debit Card Processing $3.50 per transaction • Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CitationProcessingCenter.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 for a single or many citations at once and incur a single $3.50 fee Payment Plan Processing $15.00 per transaction • 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 • 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 10/09/19 DATA'M TICKET'"` EXHIBIT A Data Ticket - Exhibit B 2603 Mi Street, Suite 300 Irvine, CA 92614 949 428-7241 - Phone ClientServices@DataTicket.com Description of Services Cost per Instance Online Permit Application: $5,000.00 per Year Online permit application to be used by the City's citizens to register for and obtain residential, vacation and guest parking permits. The online permit application will also be used by the City's Personnel to manage the permitting process. Finally, the City's handheld ticket writers (if the City chooses to Purchase/Lease) will have access to a daily file that includes all valid permits. When the issuing officer enters the license plate number, the handheld will indicate to the Officer whether the permit is valid or not. The solution will provide the City's Patrons with the following capabilities: • Ability to register online and apply for permits • Ability to verify resident address with DMV to ensure resident resides in permit area • Ability to, submit up to 3 documents online via the web to prove residency (i.e. utility bili, mortgage, etc.) • Provide online temporary permit with expiration date to be printed directly from resident's computer • Ability to create a login name and password to the solution with which the user may manage all future permits • Ability to pre -purchase permits for upcoming years • Ability to re -use data previously entered to purchase new permits • Tracking of all permits purchased by residents • Storage of all permit data online • Acceptance of Visa, MasterCard, Discover and American Express • Live, bi-lingual customer service agents available M -F, 8-5pm who will process registration requests, answer specific and general permit questions and provide fulfillment assistance The Solution will provide the following capabilities to the City's personnel: • Ability to register residents for the permit solution online • Ability to verify resident address with DMV to ensure resident resides in permit area • Ability to accept documentation and scan into the solution for proof of residency • Ability to generate reports on permits issued • Ability to search for permits by Resident • Ability to modify permit holder information • Ability to track all permits purchased by residence & tracking of all permits purchased by residence • Online training of all City personnel 10/09/19 n Data Ticket - Exhibit B DAM � 2603 Marn Street, Suite 300 Irvine, CA 92614 TICKET inc. 949 428-7241 -Phone ClientServices@DataTicket.com EXHIBIT A Description of Services Cost per Instance Permit Fulfillment: $3.50 per permit Fulfilled Services for the above-mentioned item includes: • Assignment of each permit per successful registration And • Generating and mailing a custom notice to each successful registrant with an assigned permit $.75 per letter sent • Includes Postage — USPS first class rate Permits TBD • Cost of sticker permit — depending on size and quantity chosen Banking Fees: $3.50 per transaction Data Ticket expects all banking fees to be passed on to the City's citizens who wish to pay by credit or debit card Refunds: $5.00 per issued refund Issuance of all refunds to citizens who are due a refund via 1st class mail Credit Card Charge Backs: $30.00 per chargeback Processing of each char eback 10/09/19 0 0 DATA TICKET, INC. RESOLUTION GRANTING SIGNING AND AUTHORITY TO CONDUCT BUSINESS WHEREAS, Data Ticket, Inc. desires to grant signing and authority to certain person(s) described hereunder. RESOLVED, that the Board of Directors is hereby authorized and approved to grant sole signing and authority to conduct business to any one of the following person(s): The foregoing signing, and authority granted shall include, but shall not be limited to, the execution of Deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates, and other instruments of whatever nature entered into by this Corporation. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Data Ticket, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation November 13, 2006,and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary of the above-named Corporation this November 13th of 2006. I A. William Fleming Secretary 0 Q DATA TICKET, INC. RESOLUTION GRANTING SIGNING AND AUTHORITY TO CONDUCT BUSINESS Brook Westcott, Chief Operating Officer and Chief Financial Officer is hereby granted sole signing authority to conduct business on behalf of Data Ticket, Inc, including but not limited to the execution of Deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates, and other instruments of whatever nature entered into by Data Ticket, Inc. AcoROF CERTIFICATE OF LIABILITY INSURANCE ik.-� DATE(MM/DD/YYYY) 1 10/31/2019 THIS CERTIFICATE IS ISSUED*S A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE 0);' INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODU,(CER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ashbrook-Clevidence, Inc. 3000 W MacArthur Blvd, Suite 320 Santa Ana, CA 92704 CONTACT NAME: Mitch Clevidence fA,,_ o - (714)979-4023 me No: (714)979-2809 ADDRESS: niitchc@acievidence.com INSURERS AFFORDING COVERAGE NAIC # License #• 0188788 INSURER A: Continental Casualty Company 20443 INSURED Data Ticket, Inc. INSURER B: Scottsdale Insurance Company 41297 EACH OCCURRENCE $ DBA Revenue Experts INSURER C: 2603 Main Street Suite 300 INSURER D: Irvine, CA 92614 INSURER E: MED EXP (Any one person) $ INSURER F: COVERAGES CERTIFICATE NUMBER: 00012154-8649028 REVISION NUMBER: 18 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 5 SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F—I OCCUR DAMAGE TO PREMISES Ea oNTED ccurrence $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICYJECTT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMEa aBcciINdentSED INGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acddent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE STERER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) / A E.L. DISEASE- EA EMPLOYE $ E.L. DISEASE- POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Errors & Omm 287188360 11/01/2019 11/01/2020 Ded. $10K $2,000,000 B Cyber Liability EKS3310469 11/01/2019 11/01/2020 Deduct$25K $1MM12MM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Certificate evidences Professional Liability (Errors & Omissions)& Includes Personal Injury, Cyber Liability and Crime (provided by Travelers Casualty & Surety Company of America NAIC #31194) rcoTrcrr A-rc unl nco CIANf`Fl 1 ATIr1N ©1988-2015 AGORD GORPORATION. All rignts reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by MXC on October 31, 2019 at 09:54AM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Data Ticket, Inc DBA: Revenue Experts THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4600 Campus Drive Suite # 200 AUTHORIZED REPRESENTATIVE Newport Beach, CA 92660 . ,► f7 MXC ©1988-2015 AGORD GORPORATION. All rignts reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by MXC on October 31, 2019 at 09:54AM BUSINESSOWNERS PB 04 97 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY - WAIVER OF TRANSFER OF RIGHTS OF RECOVER T AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Marne of Person Or organization: WHEN REQUIRED BY A WRnTEN CONTRACT In condition K TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2. Applicable to Businessowners Liability Coverage, the foIlowing paragraph is added: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your worn?' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. includes copyrighted material of insurance Services Office, Inc., with its permission. © ISO Properties, Inc., 2MK PB 04 97 07 07 ACP BPO 3659509589 A GEW COPY Page I of 9 47 17691 BUSINESSOWNERS ACPBP03059509589 PB 60 72 0711 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO OTHER INSURANCE CLAUSE FOR ADDITIONAL INSUREDS - PRIMARY AND NON- CONTRIBUTORY WHEN REQUIRED IN A WRITTEN AGREEMENT OR CONTRACT WITH YOU This endorsement modes insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS Only with respect to any additional insured, in the COMMON POLICY CONDITIONS, form PB 00 09, under condition H. OTHER INSURANCE, paragraph 2.a. is replaced by the following: H. OTHER INSURANCE 2. Under any liability coverage provided by this policy, a. If for Injury or loss we cover, there is other valid and collectible insurance available to any additional insured under another policy, our obligations are limited as follows: (1) Issued by another insurer, or if there is self insurance or similar risk retention that applies to a loss covered by this policy, then this insurance provided by us shall be excess over such other insurance, unless you have agreed in a written contract or written agreement signed prior to the loss that this insurance shall be primary: (a) Then this insurance is primary. If other insurance is also primary, we will share with all that other insurance as described in d. below, and (b) The coverage afforded by this insurance is non-contributory with the additional insured's own Insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured to any other person or organization's policy; or (2) Issued by us or any of our affiliate companies, that applies to a loss covered by this policy, then only the highest applicable Limit of Insurance shall apply to such loss. This condition does not apply to any policy issued by us that is designed to provide Excess or Umbrella liability insurance. All terms and conditions of this policy apply unless modified by this endorsement. PB 60 72 0711 includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 1 of 1 Q�l WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. This policy is subject to a minimum charge of $260 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (rhe information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 07/12/2019 Policy No. EIG 2869443 00 at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Carrier Code 00920 Issued to DATA TICKET, INC. Endorsement No. Premium �� Countersigned at on By. Authorized Representative WC 04 03 06 (Ed. 4-84) 01998 by the Workers' Compensation insurance Rating Bureau of California. All rights reserved. EO 1. A (7) v""CERTIFICATE OF LIABILITY INSURAF10n_32NCE DAT DIYYYI� ' /223) 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terns and conditions of the certain policy, policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER NAME S Lynette (Lynn) Eye PIA Select insurance Solutions AIc. N Ext)- (805) 975-3531 ac, Nc : 1100 Industrial Rd, #3 ADORE s: Iynn.eye@piaselecLcom INSURERS) AFFORDING COVERAGE NAICN San Carlos INSURER A : Ameo Insurance Company 002014 CA 94070 INSURED INSURER s : Employers Insurance Group 10346 Data Ticket, Inc. INSURER C: DBA: Revenue Experts INSURER D : 2603 Main Street, Ste. 300 INSURER E: Irvine CA 92614 INSURER F PRODUC TS-COMPIOPAGG S 4,000,000 KCV1sluN NLIMt3t_K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTi TYPE OF INSURANCE GENERAL LIABILITYv CLAIMS -MADE Ie I OCCUR INSD WVD POLICY NUMBER( Pouu YYYYj (AIhUDDIYYYY) LIMITS EACH OCCURRENCE S 2,000,000 PREMISES.(En occur ance) S 300,000 MED EXP (Anyone person) S 5,000 A Y Y ACP BPO 3059509589 11/01/2019 11/01/2020 PERSONALSADVINJURY S Excluded GENL AGGREGATE LIMIT APPLIES PER POLICY rJECT -LOC GENERAL AGGREGATE S 4,000,000 PRODUC TS-COMPIOPAGG S 4,000,000 OTHEI S 4 AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED y NON -OWNED AUTOS ONLY A AUTOS ONLY ACP BPD 3059509589 I l/01/2019 11/01/2020 (;U accEdent) S i,000,00D BODILY INJURY(Perpenon) S BODILY INJURY (Per acddent) S (peraxidetri) S S A X UMBRELLALIASOCCUR EXCESS LIAB CLAIMS -MADE ACP CAA 3059509589 I1/012019 11/0I/2020 EACH OCCURRENCE S 2,000,000 AGGREGATE 5 2,000,000 DED I RETENTIONS S $ WORKERS COMPENSATION AND EMPLOYERS! LIABILITY YIN YPROPRIETORIPARTNERnDMCUTNE FFICERIMEMBEREXCLUDED? andatory In NH) Iyesdescribe under ESCRIP71ON OF OPERATIONS below NIA y EIG2869443 07/12/2019 07/1?I2020 v A STATUTE I I N E.L. EACH ACCIDENT S 1,000,000 E.L DISEASE -EA EMPLOYEE 5 11000,000 E.L DISEASE- POLICY LIMY s 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Romaft Schedule, may be attached It mom space is required) It is agreed the Certificate Holder listed below is included as Additional Insured including Waiver of Subrogation and Primary & Non -Contributory wording as required by written contract. Workers Compensation includes a blanket Waiver of Subrogation (see attached). City of Seal Beach, its directors, officials, officers, employees, agents & volunteers 2118th St. Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988.2015 ACORD COROORATION_ All rlahts ra3 nrvarl. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD