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HomeMy WebLinkAboutData Ticket, Inc. 2018-08-03; Addendum 1CatL 1314 -15-3 - AJAtitAuum MUA 26Q3 Maln Street,Suite 300 Irvine, California 92614 TICKET n 9U*ntS vice www.CtientServicea.com CITY OF UKIAH ADDENDUM TO THE AGREEMENT DATED JUNE T, 2016 ADDENDUM TO THE AGREEMENT BETWEEN CITY OF UKIAH and DATA TICKET, INC. This addendum to the Agreement between City of Ukiah (AGENCY) and Data Ticket, Inc. (COMPANY) is to amend and include the addition of AB 503 ServiceslFees: Acceptance and Scanning of Indigent Payment Pian Requests (Approval/Denial by Data Ticket) $5.00 per request • This new process includes the acceptance of documentation via the web and US Mail, the review of this documentation and the scanning of all the documentation and attachment to the citation to which it applies. Based on each Agency's unique business rules, Data Ticket will either accept or deny each request and then proceed to setup the payment plan or issue a letter of denial with a reason for the denial. Indigent Payment Plan Letters $0.85 per letter All other terms and conditions of the Agreement remain as originally written. ACCEPTED: Clty of Ukiah Sig tura SAGE SANGIACONO, CITY MANAGER Print Name and Title Date Proprietary and Confidentlal to Data Ticket, Inc. ACCEPTED: Q& Ticket Inc. Signature L✓��h.djCOO Print Name and Title Date Phone: 949428-7241 07/19/15 1314 -1 S- 3 -- �Abw 6 bt-( DATAN2603 Main Street, Suite 300 Irvine, California 92614 inc.949-428-7241 TICKET www.ClientServices.com CITY OF UKIAH ADDENDUM TO THE AGREEMENT DATED JUNE 7, 2096 ADDENDUM TO THE AGREEMENT BETWEEN CITY OF UKIAH and DATA TICKET, INC. This addendum to the Agreement between City of Ukiah (AGENCY) and Data Ticket, Inc. (COMPANY) is to amend and include the addition of AB 503 Services/Fees: Acceptance and Scanning of Indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request • This new process includes the acceptance of documentation via the web and US Mail, the review of this documentation and the scanning of all the documentation and attachment to the citation to which it applies. Based on each Agency's unique business rules, Data Ticket will either accept or deny each request and then proceed to setup the payment plan or issue a letter of denial with a reason for the denial. Indigent Payment Plan Letters $0.85 per letter All other terms and conditions of the Agreement remain as originally written. ACCEPTED: City of Ukiah Sig ture SAGE SANGIACOMO, CITY MANAGER Print Name and Title a, Date Proprietary and Confidential to Data Ticket, Inc. ACCEPTED: Data Ticket, Inc. Signature Print Name and Title Date Phone: 949-428-7241 07/19/18 C, ow, No 131Ll- f93 DATA 4600 Campus Drive, Suite 200 TICKET' NewpoNO-7rt a2-0512 h, CA 92660 www.DataTicketcom Scope of Service and Performance Agreement These services are provided by: Date Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport (Beach, California 92660 (here -in -after sometimes referred to as "COMPANY") FOR: THE CITY OF UKIAH POLICE DEPARTMENT 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95462 (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, other debts as specified by the AGENCY and for the issuance of parking citations pursuant to the laws of the State of California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process citations from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY. 1.2 Determination of Processable Citations: COMPANY shall screen each citation referred to it by the AGENCY to determine if the citation is prooessable. If the citation is determined by COMPANY to be unpmeessable (e.g., essential processing information is missing) COMPANY shall return the citation to AGENCY 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 -1— DASA @0 4600 Campus Drive, Suite 200 TICKET k' Newport Beach, CA 92660 888-762-0512 www. DataTicketcom funds received for payment of citations. 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 COMPANY for the collecting AGENCY, with the exception of credit card payments made using VISA, MasterCard and Discover 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 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 10% (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, 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 Identification of Reoistered Vehicle Owners: COMPANY shall exert hest efforts to obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles (DMV) and DMV'S nationwide, for each vehicle for which a parking citation has been issued. COMPANY shall follow all procedures specified by the DMV, and be consistent with the Califomia Vehicle Code and DMV'S nationwide, when identifying registered vehicle owners. 1.6 Verificalion of Ownership: COMPANY shall 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. 1.7 DWinauency _Notices for Administrative Citations: In accordance with AGENCY ordinance, delinquency notices will be sent to patrons who are not _n 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. 1.8 Franchise Tax Board Interface: The Franchise Tax Board Interagency Intercept -2— DA 4600 Campus Drive, Suite 200 TICKET Newpo88$ each762-0512 $2660 www.DataTlcketcom 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 and/or Parking Citations 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. 1.9 Delinauermy Notices for Parking Citations: In accordance with State taw, COMPANY will generate and mail (presorted, first-class postage) 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 California 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 their arrest; and C. The amount of fines and fees due and payable D. Affidavit of Non -Ownership 1.10 Rgaistration Holds: The COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California 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. 1.11 Rem val of Registration Holds: COMPANY will provide the system and procedures and will interface with the California 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. 1.12 Conte&Wd Citations: In the event a vehicle registered owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the reviewing agency, hearing administrator or Court within the prescribed time period so that the matter can be adjudicated. (CVC 40200.7 & 40215 or Municipal Code). 1.13 Administrative Review and Hearing: The COMPANY may schedule administrative -3— DATA IN 4600 Campus Drive, Suite 200 TICKET Newport Beach, �z 926$0 www.DataTicket.com reviews/hearings to respond to citizens wishing to contest their citations and offers the option to perform and administer those reviews and hearings. The COMPANY will provide a web site for appeal and toll-free numbers for contestants, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as 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 review and administrative hearing decisions are overturned by the count. 1.14 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, 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 parking 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. 1.15 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. 1.16 Payments by U.S. Mail: It is the citizen's responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due. 1.17 Citation System Master File Update: COMPANY will regularly update the citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processina. COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for a minimum of two (2) years for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments on a regular -4— DATA N 4600 Campus Drive, Suite 200 TICKET kn NeWport Beach, CA 82660 888-762-0512 www.DataTicket.com basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct amount due, paid on or before the due date. This includes payments properly complying with the first Courtesy Notice. "Partial Payments" are citations paid after the due date or those where payment is less than the total amount of due. . "Appeal Requests" including payment are all requests for administrativelcourt 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 meter checks, 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 Batching 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. The batch of citation payment documentation shall then be stored in a file room, for a period 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 .5_ DATA 0 4600 Campus Drive, Suite 200 `" Newport Beach, CA 92660 TICKET 868-752-0592 www.DataTicket.com capability to make deposits on behalf of the AGENCY. 2.7 Revenue o : A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the AGENCY'S responsibility to the County for the Jail and Court fund as required by Sections 40200.3 (a) of the California Vehicle Code and any other relevant taxes due. 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 and information relating to changes in status. 3.2 Citizen Web Site Access: When the AGENCY has web site access, 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 the AGENCY depending on requirements of the AGENCY. 3.4 Web Site Re rts: Web site reports are available to the AGENCY on a daily, (2417) schedule. 3.5 Web Site Use: User ID's and passwords will be assigned to the AGENCY. ARTICLE IV - GENERAL 4.1 Public Inauiries: 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 U e of Apl2rgved 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 parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for DATA N 4600 Campus Drive, Suits 200 ° Newport �i-0aZ 92660TICKET78i www.DataTicket.com 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. 4.5 Ownership: All reports, information, and data, including but not limited to computer tapes, discs, or tiles 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. The AGENCY is entitled to keep and use any reports and data it may reasonably need to administer its parking citation program during or in the event of termination of this agreement. The COMPANY will be required to reasonably cooperate with the AGENCY, if it terminates the agreement, in obtaining all data and reports necessary to assume administration of the program or contract with another company to administer the program. 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 latter 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 C den i : 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. -7— DATA 4600 Campus Drive, Suite 200 TICKET Newport Beach, CA 92860 888-752-0612 www.DataTicket.com 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 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 store original citations for the current year, plus two (2) years, at which time they will be returned or to AGENCY or shredded. COMPANY will have such information available on the citation management system for a reasonable time period 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 retain a percent of payments for delinquent citations that have been processed in accordance with the current Agreement, and meet the following criteria: A. Delinquent parking citations: those citations so designated by the AGENCY, for which the California State Department of Motor Vehicles registration hold has been placed or dropped because of a transfer of ownership or non -renewal of registration or a registration hold has not been placed. but the normal daily processing cycle is complete. 8. Citations with out-of-state license plates that have gone through the first courtesy notice process without payment. C. Any other problem or special citations that the AGENCY so designates and refers to COMPANY under this Agreement. -a- DATA N 4600 Campus Drive, Sulte 200 TICKET "e 2 92860 -05 2 www.DataTlcketcom 5.2 PoataI 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 S. Report for Citations Issued for Period C. A balanced summary report for Issuing AGENCY providing the status of all citations at the beginning of the period, current period activity, and at the end of the period. D. A report for issuing AGENCY identifying registered vehicle owners with five (5) or more outstanding parking citations. E. A report for issuing AGENCY identifying the citations issued, location, violation by each officer. 6.2 Annual Reports: Annually, COMPANY shall comply with CVC 40200.3 (b) ARTICLE VII - TERM OECONTRACT AND ADDITIONAL, SERVICES 7.1 Te r�F3enewall: 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 -9— DASA 8 4600 Campus Drive, Suite 200 TICKET 88-762-0rt Beach, CA 88-762-0 12 02660 www.DataTicket.com 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. 7.3lus : 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 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. 8.2 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 negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend, and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs, and liabilities for loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of, or in connection with, the performance by AGENCY or any of its officers or employees under this AGREEMENT. ARTICLE IX - SUBCONTRACTORS ANDASSIGNMENTS 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. -10— DATA E 4600 Campus Drive, Suits 200 � Newport Beach, CA 92660 TICKET 888-762-08'12 www.DataTickeLwm 9.2 Assianments: 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 COM_ PANE 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 insurers) 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 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 one 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 insuranoe 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 -11-- DATA 4500 Campus Drive, Suite 200 TICKET k Newport Beach, CA 92660 888-762-0512 www.DataTicketcom 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 Califomia. ARTICLE XII— ENTIRE AGREEMENT 12.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties. 12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 12.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following: -12— DATA 4800 Campus Drive, Suite 200 TICKET Newport Beach, CA 92660 688.762-0572 www.DataTlcket.com AS TO THE AGENCY: THE CITY OF UKIAH POLICE DEPARTMENT 300 SEMINARY AVENUE UKIAH, CALIFORNIA 954482 AS TO THE COMPANY: DATA TICKET, INC. A California Corporation 4600 CAMPUS DRIVE, STE 200 NEWPORT BEACH, CALIFORNIA 92660 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: THE CITY OF UKIAH COMPANY: DATA TICKET, INC. Signature: Signature: Print Name: 4 Print Name; Title:�Title: +iL� D'.SflGc��r C���ic�Gs Date: - !_ _ _ Date: -13- Cm-7-26ic. 4600 Campus e, Suite DAI-JAQ Newport Beach,,CA 9 660 0 TICKET hrl 949 762 6537 (x) 314 - Phone HNovAan@DataTicket.com PROPOSAL FOR THE CITY OF UKIAH Manual Parking Citation Processing: $0.70 Services for the above-mentioned items include: • On-site data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi -monthly shredding of manually written citations Electronic Parking Citation Processing: $0.58 Services for the above-mentioned items include: • Automated citation transmission Into Data Ticket's Citation Management Solution 2417 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Courtesy Notice: $0.73 Services for the above-mentioned item include: • Semi -custom Courtesy Notice that is printed on an 8 Y, x 11" piece of paper and provided in a window envelope sent to the registered owner of a vehicle + All notices are attached to the citation online and are viewable via the web • All notices sent via 1" 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 13t Class postage rate • This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual. Out -of -State Collections: 26% of revenue collected • This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid • Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an assigned ORI, Data Ticket will request usage of the ORI for reference/audit purposes only. Data Ticket utilizes its own ORI for transactional purposes • This fee is not combined with any other contingency fee. For example If a citation is rolled to a delinquent status. only 28% of revenue collected will be charged • If Data Ticket does not collect on a citation that is issued to an out of state plate. the Agency does not owe this fee. [Type text] U04r2016 DAITA fd 4600 Campus Drive, Suite 200 Newport Beach, CA 92880 TICKET i`r. "9 752 8937 (x) 314 - Phone HNowlan@DataT]cket.com PROPOSAL FOR THE CITY OF UKIAH Delinquent Collections: 28% of revenue collected • This fee will be assessed when a citation is ninety (90) days past the citation issue date, or when a second (2n°) notice is sent If sooner than ninety (90) days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner • All notices are sent via First Class mail and all notices are printed on an 8 % x 11" sheet of paper and folded Into a window envelope; in addition, a window envelope is provided for the recipient to return payment • All notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee • Notices will be sent via 1" Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing 33N Look -up $3.00 per SSN • This fee will be assessed to lookup a social security number associated with a particular registered owner and address • This charge Is charged per unique SSN, not per citation FTS Collections 15% of revenue collected • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example If a citation is roiled to delinquent status and paid at FTS, only the 15% of revenue collected will be charged • Date Ticket will send an FTS Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1" 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, FTS 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 to'Class Mail Advanced Collections Legal Action Not Required 30% of revenue collected • This fee Is charged if a citation is paid at Advanced Collections • This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at Advanced Collections, only the 30% of revenue collected will be charged (Type text) 03109/2015 00 Campus e, Suite DATANNewport Beach,lCA 92660 0 314 - Phone TICKET Nowl n@D49 752 6937 ataTicket.com PROPOSAL FOR THE CITY OF UKIAH Adjudication: 1't Level Review Hold & Scanning of Review Request $0.50 per citation • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it Is displayed on the web for the Agency's Staff • If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal 1`t Level Review Disposition $1.00 per citation • Data Ticket will review all documentation received by the Appellant and render a disposition • The disposition will be available online for the Agency's Staff to review 1't Level Review Disposition Letters $.75 per letter + Data Ticket will send a custom disposition letter to the Appellant via 1'i Class Mail + All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday • Friday 2"d Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so that it Is displayed on the web for the Agency's Staff and the Hearing Officer • If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or It may elect to have Data Ticket send a "time expired letter' rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre -determined schedule or an ad hoc basis, depending on the Agency's schedule 2nd Level Hearing Disposition $85.00 per hour • Data Ticket's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings • Each hearing request will be reviewed, heard or read, and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket • Hearings will be scheduled • The Agency will incur costs associated with mileage as defined by Federal guidelines • Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized location within the County [Type text] 03rp9l2016 DUA4600 Campus Drive, Suite 200 0Newport Beach, CA 82680 TICKET HNowla ,9@D(�� kot om PROPOSAL FOR THE CITY OF UKIAH 2"d Level Hearing Schedule & Disposition Letters $0.75 per letter • Data Ticket will send a custom disposition letter to the Appellant vial" Gass Mall • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday - Friday .Joint 1 Escrow Banking Services $100.00 per month Services for the above-mentioned Item Include: • Daily deposits of funds to the Agency's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge -backs and Insufficient Funds • Month-end reconciliation of all funds collected • Disbursement of County / State Surcharges at month-end • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year Charge -backs and NSF's $5.00 per Issued Instance • Date Ticket will process credit card charge -backs and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds $5.00 per issued instance • Data Ticket will process refunds when notified of each need • in the event the utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent via 191 Class Mail Monthly Minimum $200.00 • A minimum fee of $200.00 will be charged on a monthly basis if services do not reach this level (not inclusive of the Joint/Escrow Banking Services fee) [Type text] 03:0912016 DATDATAN 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET 049 752 6937 (x) 314 - Phone H NowlanQDataTlcket.com PROPOSAL FOR THE CITY OF UKIAH SERVICES INCLUDED AT NO ADDITIONAL COST Online Access for the Agency's Patrons: Included The Agency's Patrons will have the ability to perform the following functions online: • View real-time citation(s) data • Pay for a single or many citation(s) • Request a 1st Level Administrative Review and attach up to three documents supporting their position • Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position • Print a receipt • View pictures of the citation taken by the Issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included Access to the Agency's data is based on unique usemames 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 creditldebit cards • Accept payment via Cash. Check or Money Order • Process NSFs and Refunds • Reduce or Increase violation amounts, dismiss citations, void citations and place a citation on hold • Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others • Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non responsibility for a citation in the adjudication process • View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information [Type tcxtj 03'09/2016 TA TI�gCE� 4600 Campus Drive, Suits 200 Newport Beach, CA 92660 949 752 6937 (x) 314 - Phone H Nowian@DatsT1 cket.com PROPOSAL FOR THE CITY OF UKIAH SERVICES INCLUDED AT NO ADDITIONAL COST Reporting: Included • Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re -print 2417. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data Into Excel for data manipulation purposes. • If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. Manual Payment Processing: Included • Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and Insured courier picks up the mail daily and delivers it to our Newport Beach office On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department • After double-blind entry of each payment, the citations are updated by our Quality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Registered Owner Information: Included • Registered owner Information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day • Registered owner information for all citations Issued on out of state license plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner Information nationwide through the NLETs service • Access to this system requires the use of the City's ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data • Turnaround time for acquisition of out of state registered owner Information using NLETs Is same day CA DMV Holds and Releases: Included • Califomia DMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time, upon request • Citation amounts placed on bold are updated daily in the event a partial payment is made [Type text] 03/04/2016 4600 Campus e, Suite DATAN Newport Beach,rCA 82600 G TICKET Ina 949 752 6937 (x) 314 - Phone HN*wlan@DataTicket.com PROPOSAL FOR THE CITY OF UKIAH SERVICES INCLUDED AT NO ADDITIONAL COST Customer Service: Included • Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix -it tickets, sign -offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review. • Data Ticket's IVR Is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included • Data Ticket's Solution is 100% web -based and Section 508 Compliant and is provided at: www.CitatlonPrQgessincCenter.cgm; this is a generic website In the sense that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online • If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency. Conversion: Included • Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency • Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner [Type text] 03-09/241b 1) ATA 4600 Campus Drive, Suite 204 NNewport Beach, CA 92860 '9@ta�Phone NovAnonm PROPOSAL FOR THE CITY OF UKIAH — FEES ASSESSED TO THE PATRON Credit 1 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. Q1jatlonProcmingCenter.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 1 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 Pian Processing $15.00 per transaction • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and, If so, what the parameters for payment will be Credit Card Chargeback Processing $30.00 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback • No fee will be charged to the Agency [Type text] 03/04l2D16 � �5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROCEDURES FOR CONDUCTING ADMINISTRATIVE HEARINGS REQUESTED PURSUANT TO VEHICLE CODE SECTION 4021.5. WHEREAS, 1. Division 17, Chapter 1, Article 3 of the Vehicle Code (commencing with section 40200) ("Article 3") provides administrative procedures and civil remedies for enforcing parking restrictions in cities and counties; and 2. Vehicle Code Section 40215 requires agencies issuing parking citations (an "issuing agency") under Article 3 to review a citation and conduct an administrative hearing at the request of any person; and 3. Vehicle Code Section 40215 contains requirements and procedures governing such a review and administrative hearing. However, under that section the City Council is required to adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. In addition, the City is required to conduct the administrative hearing in accordance with written procedures approved by the City Council; and 4. The City conducts reviews and administrative hearings as required by Article 3; NOW, THEREFORE, BE IT RESOLVED as follows: 1. General: The City shall conduct its review of parking citations requested by any person and any requested administrative hearings in full compliance with Vehicle Code Section 40215 as it now reads or as it may be hereafter amended ("Section 40215"), and this resolution. This resolution will not restate procedures or requirements contained in Section 40215, which are incorporated herein by this reference as though set forth in full. (A copy of Section 40215 as it now reads is attached hereto as Exhibit "A.") As used herein "days" means calendar days, unless otherwise stated. 2. Procedure to request hearing without payment of parking penalty. Except as provided in this section, any person requesting an administrative hearing ("claimant") must first pay the parking penalty owing under the notice of violation. If paying the penalty would impose a financial hardship on the claimant, the City shall conduct the hearing without requiring the claimant to pay the penalty in advance. A. Standard of financial hardship. Payment will constitute a financial S:'.,u-,resos98'-.adminproeparking that the claimant is liable for the penalty, he or she shall determine the date by which payment must be made, and whether the penalty shall be reduced, paid in installments or paid through the performance of community service. If the claimant requests a penalty reduction or community service based on financial hardship, the hearing examiner shall require the claimant to complete and file Exhibit B, if not already filed. Community service shall be offered if the claimant satisfies any of the criteria for financial hardship in section 2.A of this resolution. A copy of the decision shall be furnished to the finance department for purposes of enforcement. Community service may be allowed only with the written agreement of the claimant. The amount of community service shall be determined at the rate of $6.00 per hour divided into the amount of the parking penalty imposed on the claimant. 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