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Home My WebLink AboutAGMT - Data Ticket Inc (Processing of Administrative Citations for Violations of the Seal Beach Municipal Code) PROFESSIONAL SERVICES AGREEMENT for The Processing of Administrative Citations for Violations of the Seal Beach Municipal Code Between -•'OF SEA( B`ti, ��\�cpRPDAq jFoF'9��I * i CD', COON-FIC City of Seal Beach 211 8th Street Seal Beach, CA 90740 Data Ticket, Inc. 2603 Main Street, Suite 300 Irvine, CA 92614 This Professional Service Agreement ("the Agreement") is made as of June 10 , 2024 (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 for the processing of fines, bail, and forfeitures thereof, conduct of public hearings, and related tasks in connection with the issuance of administrative citations for violations of the Seal Beach Municipal Code. 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. 2 of 17 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 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 delivery of a written notice executed by the City Manager to 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 3 of 17 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 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. Termination by City. 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. 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 specified herein. In no event shall Professional Services Provider be entitled to payment for unperformed 4 of 17 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. 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 To Vendor: Data Ticket, Inc. 2603 Main Street, Suite 300 Irvine, California 92614 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 5 of 17 i 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 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 6 of 17 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 Requirements. 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 Employees' Retirement Law, commencing at Government Code § 20000, the 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. 7 of 17 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. 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 8 of 17 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: VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. 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 9 of 17 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 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 loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be 10 of 17 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. 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 11 of 17 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 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. 12 of 17 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 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 13 of 17 the losing party all of its attorneys' fees and other costs incurred in connection therewith. 25.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 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. 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. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 14 of 17 CITY OF SEAL BEACH DATA TICKET, INC. • el By: A , `By: Brook Westcott 717. Ingram, City Manage Name: Chief Operating Officer Attest: Its: .sue \/C. e -° � r By: `ia 4%:t1/1 By: Gloria . 7 rper, City Clerk Name: Approved as to m: Its: By: Nicholas R. Ghirelli, City Attorney July 2015 Exhibit A Scope; i � a • 16 of 17 DATA • 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET " . 949-428-7241 ClientServices@DataTicket.com These services are provided by: Data Ticket Inc. a California Corporation 2603 Main Street, Suite 300 Irvine, California 92614 (Here-in-after sometimes referred to as "COMPANY") FOR THE: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 (here-in-after sometimes referred to as "Agency") Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to AGENCY municipal code and other civil debts as designated and owed to the AGENCY. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process citations/debts from AGENCY. COMPANY will provide a reconciliation of the number of citations/debts received from AGENCY. 1.2 Determination of Processable Citations/Debts: COMPANY shall screen each citation/debt referred to it by the AGENCY to determine if the citation/debt is processable. If the citation/debt is determined by COMPANY to be unprocessable (e.g.. essential processing information is missing), COMPANY shall contact the AGENCY for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations/debts properly corrected by the AGENCY. 1.3 Collection and deposit of funds: A direct deposit system shall be employed for all funds received for payment of citations/debts. The AGENCY shall have the choice of jointly owning a bank account with the COMPANY or directing the COMPANY to deposit into an AGENCY account. Deposits shall be made directly into the account by the - 1 — DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET Iil 949-428-7241 ClientServices@DataTicket.com COMPANY for the collecting AGENCY. with the exception of credit card payments made using VISA. MasterCard, Discover and American Express cards belonging to the COMPANY. These payments will be directly deposited into an account held by the COMPANY. Credit card payments are reconciled and remitted on a monthly basis to the AGENCY. but tracked on the citation management software on a daily basis. Citations/debts paid by credit card are marked "paid- real-time immediately upon authorization. thus affording the citizen the opportunity to make payment at any time and have the payment recognized immediately. 1.4 PAYMENT. If the COMPANY deposits into an AGENCY account, 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 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 the banking activity, disperse all revenue due the AGENCY. the COMPANY. any tax liability and all refunds and send all supporting documentation to the AGENCY for its records. 1.5 Delinquency Notices for Administrative Citations/Debts: In accordance with AGENCY ordinance, delinquency notices will be sent to patrons who are not in compliance and have not paid the fines in full. These notices will indicate future actions to be taken in order to collect the fines owed the Agency. 1.6 Franchise Tax Board Interface: The Franchise Tax Board Interagency Intercept Program will be used as the next collection step in the process. A notice merging all debts owed the AGENCY will be sent to the patron showing the total amount due the AGENCY for Administrative Citations/Debts and demanding payment. If payment is not received in full, social security numbers will be attached to each debt and the debt will be placed with the Franchise Tax Board for collections. 1.7 Administrative Review and Hearing: The COMPANY or the AGENCY may schedule administrative hearings to respond to patrons wishing to contest their citations and offers the option to perform and administer those hearings. The COMPANY will provide a web site for appeal and toll-free numbers for appellants. The COMPANY or the AGENCY will correspond with appellants 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 the $25.00 court-filing fee if the - 2 — DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET " . 949-428-7241 ClientServices@DataTicket.com administrative hearing decisions are overturned by the court. 1.8 Citations Disposed of by Hearinq/Court: The COMPANY may be required, as a result of court action, to reduce or cancel. on an individual basis, 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 cancellation of administrative citations as a result of review/hearing/court action. Citations that are dismissed as a result of review/hearing/court decision will have the dismissal processed by the COMPANY promptly after receipt from the review/hearing/court. 1.9 Suspension of Processing: COMPANY will suspend processing on any citation/debt referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation/debt or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation/debt as a result of AGENCY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations/debts suspended by the AGENCY. 1.10 Payments by U.S. Mail: It is the patron'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. 1.11 Citation System Master File Update: COMPANY will regularly update the citation/debt master file for new citations/debts, payments. reductions, cancellations. dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation/debt dispositions for a minimum of two (2) years. Closed citations/debts will remain on-line for a minimum of two (2) years for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation/debt payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations/debts with the correct amount due, paid on or before the due date. This includes payments properly complying with the first Delinquent Notice. - 3 — DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET " 949-428-7241 ClientServices@DataTicket.com "Partial Payments" are citations/debts where payment is less than the total amount of due. . "Appeal Requests" including payment are all requests for administrative/court hearings. These requests are sorted so that the payment submitted is immediately posted, an appeal hold is placed on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting. refunds. voids. or otherwise setting forth complaints. These letters will be researched by COMPANY and may be forwarded to the AGENCY for proper follow-up. 2.4 Batchinq Procedures: COMPANY shall maintain effective procedures of internal control. 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. Citation payment documentation shall be scanned into the System and retained for a minimum of two (2) 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 duplicate, allowing one (1) copy for the bank and one (1) copy for the COMPANY. If the bank account is held jointly, COMPANY shall perform all reconciliation. refunds and cut all checks. This information shall be available for AGENCY review. Deposits shall be directly deposited into the AGENCY'S designated bank account. either jointly held with the COMPANY or individually held by the AGENCY. If the AGENCY holds the account individually, it will supply deposit slips and an endorsement stamp to COMPANY. In this case. COMPANY shall only have the capability to make deposits on behalf of the AGENCY. 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. - 4 — DATA ■ 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET'. 949-428-7241 ClientServices@DataTicket.com ARTICLE III — WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations/debts and information relating to changes in status. 3.2 Citizen Web Site Access: When the AGENCY has web site access. citizens who receive citations/debts will be able to access the web site to review their individual citations/debts and pay on-line. 3.3 Web Site Interaction: The web site may be "view only" or "interactive", for the AGENCY 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. 3.5 Web Site Use: User ID's and passwords will be assigned to the AGENCY. ARTICLE IV - GENERAL 4.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non-judicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination. 4.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval. 4.3 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. 4.4 Books and Records: COMPANY will maintain adequate books or records for administrative 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 — DATA ® 2603 Main Street. Suite 300 Irvine, CA 92614 TICKET 949-428-7241 ClientServices@DataTicket.com 4.5 Ownership: All reports. information. and data. including but not limited to discs, or files furnished or prepared by the COMPANY or its subcontractor (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. 4.6 Property of AGENCY: All documents, records. discs. files and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return same promptly to AGENCY no later than sixty (60) 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 any open invoices and the cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S designated point of delivery. 4.7 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 4.8 herein below. The AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA, which is related to its business. and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 4.8 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 organization who are reasonably necessary to properly effectuate the terms and conditions of this agreement. This Non- Disclosure obligation shall survive the Termination of this Agreement. 4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it for - 6 — DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET " . 949-428-7241 ClientServices@DataTicket.com processing under this Agreement. Such files will contain records of payments, dispositions. and any other pertinent information required to provide a reasonable audit trail. 4.10 Storage for AGENCY: A. COMPANY agrees to scan original citations/debts and have such information available on the citation management system for a minimum of two years. to permit AGENCY retrieval of such information. 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 a file containing all data belonging to the AGENCY. ARTICLE V — ADDITIONAL SERVICES 5.1 Other Collections: COMPANY shall, at the direction of the Agency refer designated debts to a Third Party Collection Agency. 5.2 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 VI - REPORTS 6.1 Periodic Reports: COMPANY will submit reports to AGENCY the month following the month in which activity has been reported. The reports will track activities relating to performance under this Agreement. Among the reports which COMPANY may/will generate are the following: A. Report of Revenue Collected for Period B. Report for Citations/Debts Issued for Period C. A balanced summary report for issuing AGENCY providing the status of all citations/debts at the beginning of the period. current period activity. and at the end of the period. D. A report for issuing AGENCY identifying individuals owing the AGENCY selected amounts. - 7 — DAIiU 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET "' . 949-428-7241 ClientSer vices@DataTicket.com E. A report for issuing AGENCY identifying the citations/debts issued. location. violation by each officer. ARTICLE VII -TERM OF CONTRACT AND ADDITIONAL SERVICES 7.1 Term and Renewals: This Agreement shall be for an initial period of 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 subsequent one (1) year periods. In conjunction with this automatic extension of the terms of this Agreement. COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY has thirty 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 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 AGENCY. 7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations referred to above. AGENCY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement. 7.4 Cost: Please see Cost Proposal, Exhibit A for all associated costs. 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 ten (10) days, of said claim or action. - 8 — DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET ". 949-428-7241 ClientServices@DataTicket.com 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 agents under this AGREEMENT. excepting only loss, injury, or damage caused solely by the active negligence or intentional misconduct of AGENCY or any of its officers or employees. ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS 9.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by law at COMPANY'S own expense, subcontractors shall be deemed agents of COMPANY. 9.2 Assignments: This contract may not be assigned without the prior written 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 AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall 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 - 9 — DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET". 949-428-7241 ClientServices@DataTicket.com before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be canceled, 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 Agreement, COMPANY, at its sole cost. shall maintain in full force and affect a policy of workers' compensation insurance covering all of its employees as required by the labor code of the State of California. ARTICLE XII — ENTIRE AGREEMENT 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. B) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role. - 10 — DATA II 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET "" - 949-428-7241 ClientServices@DataTicket.com 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. 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: - 11 — DATA ® 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET 949-428-7241 ClientServices@DataTicket.com AS TO THE AGENCY. City of Seal Beach 211 Eighth 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 IBEACH COMPANY' DATA TICKET, INC Signature: Signature:,..„---<./ed" Geti-` Print Name: ( 1.c l'.-1\ -4J 5. (Ttv Print Name: Title: (AAA C) V' k-Lk Title: Date: (o Date: -- • - - 12— Exhibit B Fees for Services 17 of 17 DATA III 2603 Main Street, Suite 300 Irvine, CA 92614 TICK ET iiu 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATIVE CITATIONS Data Ticket offers two Cost Models for our Administrative Citation Processing Clients that allow our Clients to select the Cost Model that best suits their individual situation. Model 1 represents an all-inclusive option that has a higher upfront citation processing fee than Model 2 and includes full-service from Data Ticket's staff. This option is typically selected by Agencies whose Patrons pay their citations on an inconsistent basis. Model 2 is often selected by Clients who has a thorough understanding of their collection rates or collections occur within the first 30 days of a citation being issued. Regardless of the Model selected, you have the option to change Models at any point during a contract period. This provides our Clients with the maximum amount of flexibility so they may experience the maximum return on citations issued. Description of Service Cost Cost Model 1 Model 2 1 Manual Administrative Citation Processing *114.00 $7.00 per Services for the above-mentioned items include: per citation • On-site data entry of manually written citations performed within 48 citation 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 Administrative Citation Processing: $11.00 $5.00 per Services for the above-mentioned items include: per citation • Automated citation transmission into Data Ticket's Citation citation Management Solution 24/7 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Semi-Custom Noticing: Included $0.80 per Services for the above-mentioned items include: notice • A single Courtesy Notice printed on an 8 1/2 x 11" piece of paper and provided in a window envelope will be sent to the responsible party • 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 • Notices will be sent daily, Monday - Friday DATA II 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET ill' . 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH - ADMINISTRATIVE CITATIONS Description of Service Cost Cost Model 1 Modell Additional Correspondence $1 .50 per $1.50 per Services for the above-mentioned items include: letter letter • Courtesy Notice per the City's requirements Delinquent Collections Included 25% of Services for the above-mentioned items include: revenue • In addition to the 1st Courtesy Notice, two additional notices will be collected sent to the responsible party, at a time frame to be defined by the Agency • Notices will include a return envelope in which the responsible party may submit payment • Notices will be sent via 1st Class Mail. for which Data Ticket will be responsible • A citation is considered delinquent at Cite Date plus 31 days • All notices are sent via First Class mail and all notices are printed on an 8 '/2 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 • Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred • Notices will be sent daily, Monday - Friday • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee Adjudication Holds and Scanning Included $.50 per Services for the above-mentioned item include: hold • Data Ticket will accept Hearing Requests on behalf of the Agency • Dependent on the Agency's choice, Data Ticket will either review and approve the Hearing Request or provide the documentation received to the Agency for its decision • If the Request is accepted, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so it is displayed on the web for the Agency's Staff and the Hearing Officer 10/30/2023 DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET ilu. 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH - ADMINISTRATIVE CITATIONS I Description of Service Cost Cost Model 1 Model 2 Adjudication Letters Included $1.25 per Services for the above-mentioned item include: letter • For each request received, Data Ticket will send a semi-custom Hearing Approval Letter and a Schedule letter or it will send a Semi-Custom Denial Letter • Once the Hearing has been held. Data Ticket will send a semi- custom disposition letter to the Appellant detailing the Hearing Officer's findings • All Letters are sent via First Class mail and all Letters are printed on an 8 1/2 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 Letters are attached to the citation online and are viewable via the web • Letters will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred • Should the Agency request Letters to be sent via Certified Mail,. Data Ticket will arrange this at a cost of $5.00 per Letter • Letters will be sent daily, Monday - Friday Administrative Hearings $85.00 per $85.00 Services for the above-mentioned item include: hour per hour • Data Ticket's independent. certified, insured hearing officers will be provided to perform in-person, phone, and written hearings, as required by the Agency • 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 • The City will incur costs associated with mileage • 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 Franchise Tax Board SSN Look-up $3.00 per $3.00 per Services for the above-mentioned item include: unique unique • This fee will be assessed to lookup a social security number SSN SSN associated with a particular registered owner and address • This charge is charged per unique SSN, not per citation 10/30/2023 DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET "" . 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATIVE CITATIONS Description of Service Cost Cost Model 1 Model 2 FTB Collections 15% of 15% of Services for the above-mentioned item include: revenue revenue • This fee is charged if a citation is paid at the Franchise Tax Board collected collected • 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 a custom 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 Advanced Collections Legal Action Not Required 30% of 30% of Services for the above-mentioned item include: revenue revenue • This fee is charged if a citation is paid at Advanced Reporting collected collected Collections • This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at Collections, only the 30% of revenue collected will be charged Joint/ Escrow Banking Services $150.00 $150.00 Services for the above-mentioned item include: per per • Daily deposits of funds to the Agency's escrow account month month • 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 • 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 S200.00 per year 10/30/2023 DATA II 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET I'l( 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATIVE CITATIONS Description of Service Cost Cost Model 1 Model 2 Charge-backs and NSF's — Joint Escrow Only Included Included Services for the above-mentioned item include: • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds — Joint Escrow Only Included Included Services for the above-mentioned item include: • Data Ticket will process refunds when notified of each need • In the event the utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent weekly via 1st Class Mail Monthly Minimum $200.00 $200.00 • A minimum fee of$200.00 will be charged on a monthly basis if services do not reach this level 10/30/2023 DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET "" 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATIVE CITATIONS 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 an Administrative Hearing and attach up to three documents supporting their position (optional) • 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, location. comments, and others • View the complete reason for a Hearing 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 • Print a receipt Conversion: Included • Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency 10/30/2023 DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATIVE CITATIONS SERVICES INCLUDED AT NO ADDITIONAL COST Reporting: Included • Data Ticket offers 23 reports online 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 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. 10/30/2023 DATA . 2603 Main Street, Suite 300 Irvine, CA 92614 TICKET ii u • 949 428-7241 - Phone ClientServices@DataTicket.com PROPOSAL FOR THE CITY OF SEAL BEACH — ADMINISTRATRIVE CITATIONS FEES ASSESSED TO THE PATRON 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 variable cost • An administrative fee will be assessed to Patrons or the City (if they wish to pay in lieu of the Patron paying) 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 $33.50 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 Cost Increases: Postal Rate Increase Offset — If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase. CPI Increases — There will be NO CPI increases for the duration of the agreement 10/30/2023 -----"'""IN ACORD° CERTIFICATE OF LIABILITY INSURANCE OATE11 4�D 3�� 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(ies)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 CONTACT NAME: Lynette(lAnnl I[tc PIA Select Insurance Solutions-Service Location (A1ic No,Ext): 805-975-353I (A/C,No): N A 1938 Vista Del Oro ADDRESS: Ivnn.eve/a;piaselect.com INSURERS)AFFORDING COVERAGE NAIC F Santa Maria CA 93458 INSURER A: Colony Insurance Company 39993 INSURED INSURER a: Employers Assurance Co. 10346 Data Ticket,Inc INSURER C: Continental Casually Company 20443 DBA:Revenue Experts INSURER D: Arch Specialty Insurance Company&sec attached 21 199 2603 Main Strcct,Ste.300 INSURER E: Travelers Casualty and Surety Company of America 31 194 Irvine CA 52614-42o0 INSURER F: 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. INSR AUDIAUmW POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1.000,000 UAMAtit I IJ MCN I tU CLAIMS-MADE jr OCCUR PREMISES(Ea occurrence) S 100,000 MED EXP(Any one person) S 5,000 A Y Y 103 GL 0215056-00 11,0112023 11'01/2024 PERSONAL d ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 X POLICY [ EC n LOC PRODUCTS-COMP/OP AGG S 2.000,000 OTHER: S AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT _ (Ea accident) s 1.000.000 ANY AUTO BODILY INJURY(Per person) $ A -AWNED - LED AUTOS 103 GL 0215056-00 1 1'01.2023 1 1,01:2024 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS XHIRED r NON-OWNED POPEH IYUAMAt S N U AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA UAB _OCCUR EACH OCCURRENCE S 3,000,000 A X EXCESS UAB CLAIMS-MADE X S 176835 1110112023 I I/0 U2024 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION PEtt 0[H- AND EMPLOYERS'LIABILITY y/N X STATUTE ER B OFFICERMEM ER EXCLUDED?ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A Y E1G4581 764-04 I I'01;2023 1 1 01/2024 E.L.EACH ACCIDENT S I,000,000 (Mandatory In NM) E.L.DISEASE-EA EMPLOYEE S 1.000.000 It yes describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 1,000,000 See attached Additional Remarks Schedule for additional policies DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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 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. L9 _ _Gil{p! E9 , Seal Beach,CA 90740 � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED PIA Select Insurance Solutions Data Ticket. Inc. POLICY NUMBER DBA:Revenue Experts Various policies-see below CARRIER NAIC CODE Various carriers-see below EFFECTIVE DATE: Various dates ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 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-2024 Policy period:3/24/2024 to 11/1/2024 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) ©2008 ACORD CORPORATION. All rights reserved. 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 additional insured. This insurance is primary to and will not seek 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 1 103 GL 0215056-00 POLICY NUMBER: 103 GL 0215056-00 COMMERCIAL GENERAL LIABILITY CG20101219 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. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CO 20 10 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 2 103 GL 0215056-00 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 103 GL 0215056-00 POLICY NUMBER: 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 04 12 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.