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HomeMy WebLinkAboutData Ticket, Inc. - Citations - 2023DATA ■ TICKET'°" 2603 Main Street, Suite 300 Irvine, CA 92614 949 4 7 2 1 ClientServices@DataTicket.com SCOPE OF SERVICES 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 National City 1243 National City Boulevard National City, California 91950 (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. .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 the banking activity, disburse all revenue due the AGENCY, the COMPANY, any tax or surcharge Proprietary & Confidential Information- 1 - 01/11/2023 - 1 DATA II TICKET"°( 2603 Main Street, Suite 300 Irvine, CA 92614 94 -4 8-72 1 ClientServices@DataTicket1con 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 beconsistent with the Vehicle Code when identifying registered vehicle owners. 1.5 Verification of Ownership: COMPANYwill 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 istration 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 liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner Proprietary & Confidential Information- 2 - 01/11/2023 DATA M TICKET 2603 Main Street, Suite 300 Irvine, CA 9 614 949-428-7241 ClientServices@DataTicket.com 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 byHearin/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. Mali: 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 Pile 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 11-- PAYMENT PROCESSING .1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for at least one (1) year, for research and statistical purposes. Proprietary & Confidential Information- 3 01/11/2023 DATA CI TICKET'` 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicketicom 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. . atching 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. .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 wilt 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 invoicing will be generated by the parking management system and AGENCY will be responsible Proprietary & Conflci ntial Information- 4 - 01/11/2023 DATA 11E TICKET..... 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 CIient ervice @DataTicket.corn to reconcile the account and cut all checks. In thatcase, 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-1 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. CY. 1 Web Site Reports: Web site reports are available to the AGENCY on a daily 24/7 schedule and export into Excel for easyflexible reporting. 3.5 Web Site Cost: User ID's and passwords will be assigned to the AGENCY at no cost. ARTICLE IV —ADDITIONAL AL 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 m the registration hold due to a transfer of ownership or non -renewal of registration or a registration hold has not been placed, but the normal daily Proprietary & Confidential Information- 5 - 01/ 11/ 0 DATA II TICKET'nu 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices D t Tick t1com processing cycle is complete. R. 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 - GEGENERAL 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 timesupon adequate prior notice to COMPANY. 5.5 Ownersh,i,p: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepares 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. AM 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 shalt acquire no right or title to said Systems. 5.6 Property of AGENCY: Ali documents, records and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. Proprietary & Confidential Information- 6 - 01/11/2023 DATA TICKET'"° 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicket.com 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 ereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is rebated 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 StoraBe 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 fire, diskette or CD of all processed data will be available to th.e AGENCY. Proprietary & Confidential Information- 7 Oi/11/2O23 7 DATA II TICKET inc ARTICLE VI - REPORTS 2603 Main Street, Suite 300 Irvine, CAA 92614 949-428-7241 ClientServices@DataTicket.corn 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 ail parking citations at the beginning of the period, current period and at the end of the period. [ A report for issuing Agency identifying registered vehicle owners with multiple outstanding parking citations. A report for issuing Agency identifying the parking citations issued, location, and violation by officer. 6.2 PC! Compliance ReportsiCe_rtificates: 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 CONTRAC AND COSTS 7.1 Terms and Renewals: This Agreement shall be for five (5) years commencing as of the Iast date of signature.. Notice of termination may be made in writing by either party to the other no less than ninety (90) days prior to the end of the scheduled term. Company may give notice of reasonable price adjustments for its processing services, if such a cost rate increase is directly tied to the most appropriate index of cost--of-living rate, or a pass through of increased costs to the COMPANY. The AGENCY will have thirty (30) says to respond in writing to the proposed 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 Proprietary & Confidential Information- 8 - 01 /11 /2023 DATA la TICKET'°' 2603 Main Street, Suite 300 Irvine, CA 92614 94 -4 -7 41 ClientServices@DataTicket.com agrees during the terra 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 charged 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) working days, of said claim or action. 8.2 Hold Harmless Clause: A. COMPANY agrees to the fullest extent provided by law to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs (including reasonable attorney's fees) or expense for, and liabilities caused by arising out of, or in connection with the performance by COMPANY or 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. ARTICLE IX —SUBCONTRACTORS AND ASSIGNMENTS 9.1 Subcontracting: It may be necessary for COMPANY to sub -contract for the performance of certain technical services or other services for COMPANY to perform and complete the required services; provided, however, all COMPANY sub -contractors shall be subject to prior written approval by AGENCY. The COMPANY shall remain responsible to AGENCY for any and all services and obligations required under this Agreement, whether performed by COMPANY or COMPANY's sub -contractors. COMPANY shall compensate each COMPANY's sub- contractors in the time period required by law. Any COMPANY's sub- contractors employed by COMPANY shall be independent sub -contractors and not agents of AGENCY. COMPANY shall insure that COMPANY's sub -contractors satisfy all substantive requirements for the work set forth by this Agreement including insurance and indemnification. 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 Proprietary & Confidential Information 9 - 01/11/2023 - 9 DATA 111 TICKET`°° 2603 Main Street, Suite 300 Irvine, CA 9 614 949-428-7241 ClientServices©DataTicket.com 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 I INSURANCE 11J 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,OOOOOO) 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 Tess 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 liabilitycoverage 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 Proprietary & Confidertia1 Information- 10 - 01/11/2023 DATA II TICKET'°° 2603 Main Street, Suite 300 Irvine, CA 92614 949-428-7241 ClientServices@DataTicketcom COMPANY must complete a background check and must complete annual security awareness trainings. All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DV entities. AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role. AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach. 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. AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with. AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or term natec 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: Proprietary & Confidential Information- 11 - 01/11/2023 -- 11 DATA TICKET`"c 2603 Main Street, Suite 300 Irvine, CA 92614 949-4 -72 1 ClientServices@DataTicket.cornn AS TO THE AENC : City of National City 1243 National City Boulevard National City, California 91950 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 NATIONAL CITY COMPANY: DATA TICKET, INC. Signature ' Si nature Print Name and Title (p• �ip . 2✓ Date Print Name and Title Date Proprietary & Confidential Information- 12 - 01/11/2023 - 12