INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 2025
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and DATA TICKET INC. , a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of Administrative Citation processing and related services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
CONTRACTOR. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to CITY municipal code and other civil debts as designated and owed to the CITY.
1. CITATION PROCESSING
1.1 Referral and Reconciliation: CONTRACTOR shall receive and process citations/debts from CITY. CONTRACTOR will provide a reconciliation of the number of citations/debts received from CITY.
1.2 Determination of Processable Citations/Debts : CONTRACTOR shall screen each citation/debt referred to CONTRACTOR by the CITY to determine if the citation/debt is processable. If the citation/debt is determined by CONTRACTOR to be unprocessable (e.g., essential processing information is missing), CONTRACTOR shall contact the CITY for clarification. CONTRACTOR will be paid the contractual rate hereinafter provided, for citations/debts properly corrected by the CITY.
1.3 Collection and deposit of funds : A direct deposit system shall be employed for all funds received for payment of citations/debts. The CITY shall have the choice of jointly owning a bank account with the CONTRACTOR or directing the CONTRACTOR to deposit into an CITY Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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account. Deposits shall be made directly into the account by the CONTRACTOR for the collecting CITY, with the exception of credit card payments made using VISA, MasterCard, Discover and American Express cards belonging to the CONTRACTOR. These payments wil l be directly deposited into an account held by the CONTRACTOR. Credit card payments are reconciled and remitted on a monthly basis to the CITY, 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 CONTRACTOR deposits into a CITY account, the CONTRACTOR will invoice the CITY 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 regula tions prohibit this rate). If the CONTRACTOR deposits into an account held jointly between the CITY and the CONTRACTOR, the CONTRACTOR shall reconcile the account the month following the banking activity, disperse all revenue due the CITY, the CONT RACTOR, any tax liability and all refunds and send all supporting documentation to the CITY for its records.
1.5 Delinquency Notices for Administrative Citations/Debts: In accordance with CITY 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 CITY.
1.6 Franchise Tax Board Interface: The Franchise Tax Board Inter -City Intercept Program will be used as the next collection step in the process. A notice merging all debts owed the CITY will be sent to the patron showing the total amount due the CITY 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 CONTRACTOR or the CITY may schedule administrative hearings to respond to patrons wishing to contest their citations and offers the option to perform and administer those hearings. The CONTRACTOR will provide a web site for appeal and toll -free numbers for appellants. The CONTRACTOR Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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or the CITY 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 CONTRACTOR shall not be responsible for the CITY'S failure to provide correct or timely infraction information. The CITY shall be responsible to pay the $25.00 court-filing fee if the administrative hearing decisions are overturned by the court.
1.8 Citations Disposed of by Hearing/Court : The CONTRACTOR may be required, as a result of court action, to reduce or cancel, on an individual basis, citations which have been referred to it.
CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citation regardless o f the outcome of court action. CONTRACTOR 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 CONTRACTOR promptly after receipt from the
review/hearing/court.
1.9 Suspension of Processing: CONTRACTOR will suspend processing on any citation/debt referred to it for processing upon written notice to do so by an authorized officer of the CITY. CONTRACTOR will promptly return any citation/debt or facsimile properly requested by the CITY. CONTR ACTOR will maintain records indicating any suspension of citation/debt as a result of CITY'S request.
CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citations/debts suspended by the CITY.
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 CONTRACTOR will be the criteria to establish any delinquent fees due.
1.11 Citation System Master File Update : CONTRACTOR will regularly update the citation/debt master file for new citations/debts, payments, reductions, cancellations, dismissals and any other pertinent data.
2. PAYMENT PROCESSING
2.1 Disposition Processing: CONTRACTOR 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 Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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for research and statistical purposes.
2.2 Payments Processing : CONTRACTOR shall process citation/debt payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories:
(1) 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.
(2) Partial Payments are citations/debts where payment is less than the total amount of due.
(3) 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: CONTRACTOR 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 CONTRACTOR and may be forwarded to the CITY for proper follow-up.
2.4 Batching Procedures : CONTRACTOR 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 : CONTRACTOR 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 Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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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 CONTRACTOR. If the bank account is held jointly, CONTRACTOR shall perform all reconciliation, refunds and cut all checks. This information shall be available for CITY review. Deposits shall be directly deposited into the CITY'S designated bank account, either jointly held with the
CONTRACTOR or individually held by the CITY. If the CITY holds the account individually, it will supply deposit slips and an endorsement stamp to CONTRACTOR. In this case, CONTRACTOR shall only have the capability to make deposits on behalf of the CITY.
2.7 Revenue Report : A monthly revenue report will list all revenues received during the preceding month.
3. WEBSITE
3.1 Citation Management Web site: The CONTRACTOR offers a website for CITY review of its database, including all
citations/debts and information relating to changes in status.
3.2 Citizen Web site Access : When the CITY has website 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 Website Interaction : The website may be “view only” or “interactive”, for the CITY depending on requirements of the CITY.
3.4 Website Reports: Website reports are available to the CITY on a daily, (24/7) schedule.
3.5 Website Use: User ID’s and passwords will be assigned to the CITY.
4. GENERAL
4.1 Public Inquiries : The CONTRACTOR will respond to reasonable inquiry by telephone or letter of a non -judicial nature. Inquiries of a judicial nature will be referred to the CITY for determination.
4.2 CONTRACTOR Limitations: CONTRACTOR will not take legal action or threaten legal action in any specific case without CITY'S prior approval.
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4.3 Use of Approved Forms : CITY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the CONTRACTOR. These must conform to State and local law.
4.4 Books and Records: CONTRACTOR will maintain adequate books or records for administrative citations issued within the CITY'S jurisdiction and referred to CONTRACTOR for processing. Such books or records, and related computer processing data, shall be available for reasonabl e inspection and audit by CITY at the CONTRACTOR'S location at reasonable times upon adequate prior notice to CONTRACTOR.
4.5 Ownership: All reports, information, and data, including but not limited to discs, or files furnished or prepared by the CONTRACTOR or its subcontractor (collectively the "Materials") are and shall remain exclusively the sole property of CONTRACTOR, and the CITY 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 (colle ctively the "System") are and shall remain exclusively the sole property of CONTRACTOR, and the CITY shall acquire no right or title to said Systems.
4.6 Property of CITY : All documents, records, discs, files and tapes supplied by CITY to CONTRACTOR in performance of this contract are agreed to be and shall remain the sole property of CITY.
CONTRACTOR agrees to return same promptly to CITY no later than sixty (60) days following notice to the CONTRACTOR. The CITY shall make arrangements with CONTRACTOR for the transmission of such data to the CITY upon payment to CONTRACTOR of any open invoices and the cost of copy and delivery of such information from CONT RACTOR'S computer facilities to CITY'S designated point of delivery.
4.7 CONTRACTOR Files : CONTRACTOR 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.
4.8 Storage for CITY:
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(1) CONTRACTOR agrees to scan original citations/debts and have such information available on the citation
management system for a minimum of two years, to
permit CITY retrieval of such information. CITY relieves CONTRACTOR of all liability costs associated with data
released by CITY to any oth er person or entity using such data.
(2) Subsequent to the termination of the contract,
CONTRACTOR will return a file containing all data
belonging to the CITY.
5. ADDITIONAL SERVICES
5.1 Other Collections: CONTRACTOR shall, at the direction of the CITY refer designated debts to a Third-Party Collection CITY.
5.2 Postal Rate Increase : The CONTRACTOR will maintain auditable records to document the CONTRACTOR'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.
6. ARTICLE VI - REPORTS
6.1 Periodic Reports : CONTRACTOR will submit reports to CITY 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 CONTRACTOR may/will generate are the following:
(1) Report of Revenue Collected for Period
(2) Report for Citations/Debts Issued for Period
(3) A balanced summary report for issuing CITY providing the status of all citations/debts at the beginning of the period, current period activity, and at the end of the period.
(4) A report for issuing CITY identifying individuals owing the CITY selected amounts.
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(5) A report for issuing CITY identifying the citations/debts issued, location, violation by each officer.
7. TERM OF CONTRACT AND ADDITIONAL SERVICES
7.1 Term and Renewals: Unless terminated earlier as provided herein, this Agreement shall terminate on January 1, 2031.
7.2 Cancellation: This Agreement may be terminated by either CONTRACTOR or CITY with or without cause upon 60 days written notice to the other at the location identified in paragraph 13.3 herein.
7.3 Exclusivity: CITY agrees to utilize only the services of CONTRACTOR during the term of this Agreement for the processing of the citations referred to above. CITY agrees during the term of the Agreement to not directly or indirectly assist a competitor of CONTRACTOR i n the performance of the services provided by CONTRACTOR under this Agreement.
7.4 Cost: Please see Cost Proposal, Exhibit A for all associated costs, Cost Model 1. A total not to exceed ONE HUNDRED THOUSAND DOLLARS (100,000) for the Scope of Work completed to CITY’S satisfaction. CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY.
The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, al l out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $100,000 for performing the Scope of Work.
8. CLAIMS AND ACTIONS
8.1 CITY Cooperation : In the event any claim or action is brought against CONTRACTOR relating to CONTRACTOR'S performance or services rendered under this Agreement, CONTRACTOR shall notify the CITY, in writing, within ten (10) days, of said claim or action.
8.2 Hold Harmless : CONTRACTOR AND CITY agree to the following harmless clauses:
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(1) CONTRACTOR agrees to indemnify, defend, and hold
harmless the CITY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with, the performance by CONTRACTOR or CITY or any of their offi cers, employees, or agents under this AGREEMENT, excepting only loss, injury, or damage
caused solely by the active negligence or intentional
misconduct of CITY or any of its officers or employees.
9. SUBCONTRACTORS AND ASSIGNMENTS
9.1 Subcontracting: CONTRACTOR is authorized to engage
subcontractors, as permitted by law at CONTRACTOR'S own expense, subcontractors shall be deemed agents of
CONTRACTOR.
9.2 Assignments: This contract may not be assigned without the prior written consent of the CITY. It is understood and acknowledged by the parties that the CONTRACTOR is uniquely qualified to perform the services in this agreement.
10. INDEPENDENT CONTRACTOR
10.1 CONTRACTOR'S Relationship: CONTRACTOR'S relationship to CITY in the performance of this Agreement is that of an independent CONTRACTOR. Personnel performing services under this
Agreement shall at all times be under CONTRACTOR'S exclusive direction and control and shall be employee s of CONTRACTOR and not employees of the CITY. CONTRACTOR 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 CONTRACTOR nor any officer, agent, or employee of CONTRACTOR shall obtain any right to retirement benefits or other benefits which accrue to employees of CITY, and CONTRACTOR hereby expressly waives any claim it might have to such rights.
11. INSURANCE
11.1 Insurance Provisions: CONTRACTOR 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 Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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CITY and certificates of such insurance shall be delivered to the CITY 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 CITY.
(1) 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 CITY, its officers, a gents 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 CITY its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy.
(2) 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.
(3) Throughout the period of Agreement, CONTRACTOR, 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.
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12. ENTIRE AGREEMENT
12.1 Security Provisions : CITY agrees to follow all defined security requirements including but not limited to:
(1) All CITY employees who are provided access to services provided by CONTRACTOR must complete a background
check and must complete annual security awareness
trainings.
(2) All CITY employees must sign security agreement
documents subject to the source state of the information being obtained by DMV entities.
(3) CITY must inform CONTRACTOR within 24 hours of an CITY employee with access to CONTRACTOR services leaving
their role.
(4) CITY must inform CONTRACTOR of any breach of
information within 24 hours, so the appropriate
government agencies can be notified of the breach.
(5) CITY 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.
(6) CITY understands that evidence of the security
requirements may be requested to comply with
CONTRACTOR audit requirements of the governmental
agencies we work with.
(7) CITY understands and agrees that access to confidential registered owner information may be immediately
restricted or terminated if any of the mandatory provisions above are found to be violated or abused.
13. 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 Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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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. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
13.3 Notice to Parties: All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: DATA TICKET INC.
2803 Main Street, Suite 300
Irvine, CA 92614
14. ACCOUNTING RECORDS . CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment here under, and made available to CITY representatives upon request at any time during regular business hours.
15. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 93-1010811
CONTRACTOR is a corporation? Yes √ No (Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
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executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD DATA TICKET INC.
By:________________________________ By:_________________________________ KAREN GOH Print Name: Brook Westcott
Mayor Title: Chief Operating Officer _______
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By:_______________________________
CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney:_____________________ Finance Director: _____________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A
Docusign Envelope ID: 2B654AAD-120E-407C-90A6-B09F26AF363D
Certificate Of Completion
Envelope Id: 2B654AAD-120E-407C-90A6-B09F26AF363D
Status: Completed
Subject: Complete with Docusign: DataTicketAgr.docx
Source Envelope:
Document Pages: 13
Signatures: 1
Envelope Originator:
Certificate Pages: 4
Initials: 0
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
12/2/2025 11:02:46 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: Docusign
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Brook Westcott
[email protected]
Chief Operating Officer
Data Ticket, Inc.
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Signature Adoption: Pre-selected Style
Using IP Address: 70.182.197.222
Sent: 12/2/2025 11:06:12 AM
Viewed: 12/2/2025 11:37:05 AM
Signed: 12/2/2025 11:37:14 AM
Electronic Record and Signature Disclosure:
Accepted: 12/2/2025 11:37:05 AM
ID: bc8c281c-dae6-4997-9cb5-88ad198d2714
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Brook Westcott
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