2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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These services are provided by:
Data Ticket Inc.
a California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
(Here-in-after sometimes referred to as "COMPANY")
FOR THE:
City of Burbank
275 East Olive Avenue
Burbank, California 91502
(Here-in-after sometimes referred to as "AGENCY")
Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to AGENCY municipal code and other civil debts as designated and owed to the AGENCY.
ARTICLE I - CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and pro cess citations/debts from AGENCY. COMPANY will provide a reconciliation of the numb er of citations/debts received from AGENCY.
1.2 Determination of Processable Citations/Debts: COMPANY shal l screen each citation/debt referred to it by the AGENCY to determine if the citation/debt is processable.
If the citation/debt is determined by COMPANY to be unprocessab le (e.g., essential processing information is missing), COMPANY shall contact the AGENCY for clarification.
COMPANY will be paid the contra ctual rate hereinafter provided, for citations/debts properly corrected by the AGENCY.
1.3 Collection and deposit of fu nds: A direct deposit system s hall be employed for all funds received for payment of citations/debts. The AGENCY shal l have the choice of jointly owning a bank account with the COMPANY or directing the COMPANY to deposit
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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into an AGENCY account. Deposits shall be made directly into t he account by the COMPANY for the collecting AGENCY, with the exception of credit card payments made using VISA, MasterCard, Discove r and American Express cards bel onging to the COMPANY. These payments will be directly deposited into an acc ount 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 da ily basis.
Citations/debts paid by credit ca rd are marked “paid” real-time immediately upon authorization, thus affording the citizen the opportunity to make payment at any time and have the payment recognized immediately.
1.4 PAYMENT: If the COMPANY deposits into an AGENCY account, the COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 6% (o r lower if statutes, rules or regulations prohibit this rate) . If the COMPANY deposits into an account held jointly between the AGENCY and the COMPAN Y, the COMPANY shall reconcile the account the month following the banking activity, disperse all revenue due the AGENCY, the COMPANY, any tax liability and all refunds and send all supporting documentation to the AGENCY for its records.
1.5 Delinquency Notices for Administrative Citations/Debts: In accordance with AGENCY ordinance, delinquency notices wil l be sent to patrons who are not in compliance and have not paid the fines in full. These notices will indicate f uture actions to be taken in order to collect the fines owed the Agency.
1.6 Franchise Tax Board Interface: The Franchise Tax Board Int eragency Intercept Program will be used as the next collection step in the process . A notice merging all debts owed the AGENCY will be sent to the patron showing the to tal amount due the AGENCY for Administrative Citations/Debts and demanding payment. If payment is not received in full, social security numbers will be attached to each debt and the debt will be placed with the Franchise Tax Board for collections.
1.7 Administrative Review and Hearing: The COMPANY or the AGENCY may schedule administrative hearings to respond to patrons wishing to contest their citations and offers the option to perform and administer those hearings. The COMPANY will provide a web site for appeal and toll-free numbers for appellants. The COMPANY or the AGENCY will correspond with appellants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court if required. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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information. The AGENCY 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 COMPANY may be required, as a result of court action, to reduce or c ancel, on an individual basis, c itations which have been referred to it. COMPANY shall be paid the contractual rate her einafter provided for processing the citation regardless of the outcome of court acti o n . C O M P A N Y will maintain records indicating any reduction or cancellation of ad ministrative citations as a result of review/hearing/court action. Citations that are dism issed as a result of review/hearing/court decision w ill have the dismissal processed by the COMPANY promptly after receipt from the review/hearing/court.
1.9 Suspension of Processing: COMPANY will suspend processing on any citation/debt referred to it for processing upon written notice to do so by a n authorized officer of the AGENCY. COMPANY will promptly r eturn any citation/debt or facs imile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation/debt as a result of AGENCY'S request. COMPANY shal l be paid the contractual rate hereinafter provided for processing the citations/debts suspended by the AGENCY.
1.10 Payments by U.S. Mail: It is the patron’s responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due.
1.11 Citation System Master File Update: COMPANY will regularl y update the citation/debt master file for new citations/debts, payments, re ductions, cancellations, dismissals and any other pertinent data.
ARTICLE II - PAYMENT PROCESSING
2.1 Disposition Processing: COMPANY will maintain all citation /debt dispositions for a minimum of two (2) years. Closed citations/debts will remain o n-line for a minimum of two (2) years for research and statistical purposes.
2.2 Payments Processing: COMPANY shall process citation/debt payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories:
"Regular Payments" are citations/debts with the correct amount due, paid on or before
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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the due date. This includes payments properly complying with the first Delinquent Notice.
"Partial Payments" are citations/debts where payment is less than the total amount of due. .
"Appeal Requests" including payment are all requests for a dministrative/court hearings. These requests are sort ed so that the payment submit ted is immediately posted, an appeal hold is place d on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard.
2.3 Miscellaneous Letters Proce ssing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requ esting, 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: COMPAN Y shall maintain effective proc edures of internal control. Such procedures shall in volve reconciliation of all p ayments received using generally accepted accounting principles. After proper reconci liation, 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: CO MPANY shall maintain an effective method of handling cash payments. All cash received th rough the mail, shall be logged in a cash journal.
Thereafter, effective internal c ontrol procedures shall be impl emented 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 reg arding 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 informati on shall be available for AGENCY review. Deposits shall be directly deposited into the A GENCY'S designated bank account, either jointly held with the COMPANY or individually held by the AGENCY.
If the AGENCY holds the account i ndividually, it will supply de posit slips and an endorsement stamp to COMPANY. In this case, COMPANY shall only have the capability to make deposits on behalf of the AGENCY.
2.7 Revenue Report: A monthly revenue report will list all rev enues received during the
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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preceding month.
ARTICLE III – WEB SITE
3.1 Citation Management Web Site: The COMPANY offers a web sit e for AGENCY review of its database, including all citations/debts and information relating to changes in status.
3.2 Citizen Web Site Access: W hen the AGENCY has web site acce ss, citizens who receive citations/debts will be able to access the web site to review their individual citations/debts and pay on-line.
3.3 Web Site Interaction: The web site may be “view only” or “i nteractive”, for the AGENCY depending on requirements of the AGENCY.
3.4 Web Site Reports: Web site r eports are available to the AGE NCY on a daily, (24/7) schedule.
3.5 Web Site Use: User ID’s and passwords will be assigned to the AGENCY.
ARTICLE IV - GENERAL
4.1 Public Inquiries: The COM PANY will respond to reasonable inquiry by telephone or letter of a non-judicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination.
4.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval.
4.3 Use of Approved Forms: AGENCY shall have the right to reas onable approval of all forms, delinquency notices, and correspondence sent by the COMP ANY. These must conform to State and local law.
4.4 Books and Records: COMPANY will maintain adequate books or records for administrative citations issued within the AGENCY'S jurisdictio n and referred to COMPANY for processing. Such boo ks or records, and related com puter 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.
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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4.5 Ownership: All reports, information, and data, including b ut not limited to discs, or files furnished or prepared by t he COMPANY or its subcontractor (collectively the "Materials") are and shall rema in 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 th e sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems.
4.6 Property of AGENCY: All docu ments, records, discs, files a nd 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 pro mptly to AGENCY no later than sixty (60) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of any open in voices and the cost of copy an d delivery of such information from COMPANY'S comput er facilities to AGENCY'S desi gnated point of delivery.
4.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to t he AGENCY'S employees informa tion contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that information contained in the data that was marked in writi ng as "CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confide ntial 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 excep t in accordance with paragraph 4.8 herein below. The AGENCY recognizes that irrepar able harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA, which is related to its business, and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure.
4.8 Consent For Disclosure: No report, information, data, file s, 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 in dividuals or organization who a re reasonably necessary to properly effectuate the terms and conditions of th is agreement. This Non- Disclosure obligation shall survive the Termination of this Agreement.
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it for processing under this Agreement. Such files will contain recor ds of payments, dispositions, and any other perti nent information required to p rovide a reasonable audit trail.
4.10 Storage for AGENCY:
A. COMPANY agrees to scan orig inal citations/debts and have s uch information available on the citation management system for a minimum of two years, to permit AGENCY retrieval of such information. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data.
B. Subsequent to the terminati on of the contract, COMPANY wil l return a file containing all data belonging to the AGENCY.
ARTICLE V – ADDITIONAL SERVICES
5.1 Other Collections: COMPANY shall, at the direction of the Agency refer designated debts to a Third Party Collection Agency.
5.2 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the proc essing of correspondence.
If there is a postal increase, t hat increase will be invoiced e ffective 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 tr ack activities relating to performance under this Agreement. Among the reports which COMP ANY may/will generate are the following:
A. Report of Revenue Collected for Period
B. Report for Citations/Debts Issued for Period
C. A balanced summary report fo r issuing AGENCY providing the status of all citations/debts at the beginn ing of the period, current per iod activity, and at the end of the period.
D. A report for issuing AGENCY identifying individuals owing the AGENCY
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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selected amounts.
E. A report for issuing AGENCY identifying the citations/debt s issued, location, violation by each officer.
ARTICLE VII - TERM OF CONTRACT AND ADDITIONAL SERVICES
7.1 Term and Renewals: This Agreement shall be for five (5) years commencing as of the last 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 materi al breach or upon ninety (90) d ays written notice to COMPANY, the AGENCY may cancel or terminate this Agreement. The COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by AGENCY.
7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations refe rred to above. AGENCY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of t he services provided by COMPANY under this Agreement.
7.4 Cost: Please see Cost Proposal, Exhibit A for all associated costs.
ARTICLE VIII - CLAIMS AND ACTIONS
8.1 AGENCY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performanc e or services rendered under th is Agreement, COMPANY shall notify the AGENCY, in writing, within ten (10) da ys, of said claim or action.
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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8.2 Hold Harmless: COMPANY AND AG ENCY agree to the following h old harmless clauses.
A. COMPANY agrees to indemnify, defend, and hold harmless th e AGENCY and its officers and employees against all claims, demands, damages, co sts, and liabilities arising out of, or in connection with, the performance by COMPA NY or AGENCY or any of their officers, employees, or agents under this AGREEMENT, e xcepting only loss, injury, or damage caused solely by the active negligence or int entional misconduct of AGENCY or any of its officers or employees.
ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS
9.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by law at COMPANY'S own expense, subcontractors shall be deemed agents of COMPANY.
9.2 Assignments: This contract may not be assigned without the prior written consent of the AGENCY. It is understood and acknowledged by the parties t hat the COMPANY is uniquely qualified to perform the services in this agreement.
ARTICLE X - INDEPENDENT COMPANY
10.1 COMPANY'S Relationship: COMPANY'S relationship to AGENCY i n the performance of this Agreement i s 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 sh all be responsible for all reports and obligations respecting them relating to soc ial 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: COM PANY shall provide and maintain a t its own expense during the term of this Agreement, the following policy or poli cies of insurance covering its operations hereunder. Such in surance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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before the effective date of thi s 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 bod ily and personal injury and property damage. Limits shall be in an amount of not less than two million ($2,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for a dditional insured shall apply as primary insurance and any other insuranc e or self-insured retention maintained by the AGENCY its officers, agents and employees shall be excess only and not contributing with insura nce provided under said policy.
B) Comprehensive automobile l iability owned, non-owned and hired vehicles with not less than one million ($1,000,000) dollars co mbined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insuranc e shall include the same additi onal insured and cancellation notice provisions as specified above a nd may be combined with the comprehensive general liability coverage required above.
C) Throughout the period of Agreement, COMPANY, at its sole c ost, shall maintain in full force and affect a policy of workers' compensa tion insurance covering all of its employees as required by the labo r code of the State of California.
ARTICLE XII – ENTIRE AGREEMENT
12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to:
A) All AGENCY employees who ar e provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings.
B) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role.
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.
E) AGENCY understands and agrees t hat security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information.
F) AGENCY understands that evidenc e of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with.
ARTICLE XIII – ENTIRE AGREEMENT
13.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding.
This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties.
13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California.
13.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following:
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
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AS TO THE AGENCY:
City of Burbank
275 East Olive Avenue
Burbank, California 91502
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 BURBANK C O M P A N Y : DATA TICKET, INC
Signature: _____________________ Signature: ________________ ___
Print Name: _____________________ Print Name: _______________ ____
Title: _____________________ Title: ___________________
Date: _____________________ Date: ___________________