CITY OF CAMARILLO
PROFESSIONAL SERVICES AGREEMENT
DATA TICKET INC.
for
ADMINISTRATIVE AND PARKING CITATION
PROCESSING AND ADJUDICATION SERVICES
CC Agreement No. 2019-28
TABLE OF CONTENTS
Page No.
Section 1. Term of Agreement 1
Section 2. Scope and Performance of Services 1
Section 3. Additionai Services and Changes in Services 1 Section 4. Familiarity with Services and Site 2
Section 5. Compensation and Payment 2
Section 6. Required Documentation Prior to Performance ....3 Section 7. Time of Performance; Excusable Delays; Extensions 3 Section 8. Cooperation by City 3
Section 9. Project Documents 4
Section 10. Confidential Information; Release of Information 4 Section 11. Consultant's Books and Records 5
Section 12. Status of Consultant 5
Section 13. Compliance with Applicable Laws 6t
Section 14. Unauthorized Aliens .....6
Section 15. Conflicts of Interest 6
Section 16. Indemnification 7
Section 17. Insurance 8
Section 18. Assignment 8
Section 19. Default; Limitations on Liability 8
Section 20. Termination of Agreement 9
Section 21. Notices 9
Section 22. General Provisions 10
Exhibit A - Proposal for Professional Services A-1
Exhibit B - Key Personnel & Compensation B-1
Exhibit C - insurance C-1
CC Agreement No. 2019-28
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is effective as of April 10, 2019 ("Effective Date"), and is between the City of Camarillo, a California municipal corporation and general law city ("City") and Data Ticket, Inc., a California corporation ("Consultant"). The City and the Consultant are hereinafter collectively referred to as the "Parties".
Section 1. Term of Agreement.
Subject to the provisions of Section 20 (Termination of Agreement), the first term will commence on the Effective Date through June 30, 2019. All subsequent terms will commence annually on July 1. The Agreement will terminate on June 30, 2022 unless extended by mutual agreement.
This Agreement may be extended for up to one (1) two-year term.
Section 2. Scope and Performance of Services.
2.1 Consultant agrees to perform the services set forth in Exhibit A ("Scope of Services"), which is made a part of this Agreement.
2.2 Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles; transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement.
2.3 Consultant's designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit B (Key Personnel & Compensation), which is made a part of this Agreement.
2.4 Consultant must make every reasonable effort to maintain the stability and continuity of Consultant's key personnel and subcontractors, if any, listed In Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City's written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
2.5 Consultant must obtain City's prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.
2.6 Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.
In meeting its obligations under this Agreement, Consultant must employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.
2.7 City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. Acceptance of any of Consultant's work by City will not constitute a waiver of any of the provisions of this Agreement.
Section 3. Additional Services and Changes In Services.
3.1 Consultant will not be compensated for any services rendered in connection with its 1 CC Agreement No. 2019-28
performance of this Agreement that are in addition to or outside of those set forth in the Scope of Services or otherwise required by this Agreement, unless such additional services are authorized in advance and in writing by City.
3.2 If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the City Manager with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost.
3.3 City may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly.
All such changes must be authorized in writing, and executed by Consultant and City. The cost or credit to City resulting from changes in the services will be determined by the written agreement between the parties.
Section 4. Familiaritv with Services and Site.
4.1 By executing this Agreement, Consultant represents that Consultant; (a) has thoroughly investigated and considered the Scope of Services to be performed;
(b) has carefully considered how the services should be performed; (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
(d) possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
4.2 If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.
Should Consultant discover any latent or unknown conditions that may materially affect the performance of services. Consultant will immediately inform City of such fact and will not proceed except at Consultant's own risk until written instructions are received from City.
Section 5. Compensation and Pavment.
5.1 Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Kev Personnel & Compensation). The total compensation, including reimbursement for actual expenses, may not exceed the amount set forth in Exhibit B. unless additional compensation is approved in writing by City.
5.2 The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount.
5.3 Each month during the term of this Agreement, Consultant must furnish City with an original invoice for all services performed and expenses incurred during the preceding month in accordance with the fee schedule set forth in Exhibit B. The invoice must detail charges by the following categories: labor (by subcategory), reimbursable costs, subcontractor contracts and miscellaneous expenses. The invoice must list, as applicable, the hours worked and hourly rates for each personnel category, the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage 2 CC Agreement No. 2019-28
completed for each task, and the total, cost of the services. If applicable, the invoice must also provide a budget summary including the total amounts previously invoiced and paid, the current invoice amount and the budget remaining.
5.4 City will review each Invoice submitted by Consultant to determine whether the work performed and expenses Incurred are In compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by City, the Invoice will be returned by City to Consultant for correction and resubmission.
5.5 Except as to any charges for work performed or expenses incurred by Consultant that are disputed by City, City will cause Consultant to be paid within 30 days of receipt of Consultant's invoice.
5.6 Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of payment.
5.7 City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work is found substantially inadequate.
Section 6. Required Documentation Prior to Performance.
6.1 Consultant may not perform any services under this Agreement until:
■ (a) Consultant furnishes proof of insurance as required under Exhibit C:
(b) Consultant"provides City with a Taxpayer Identification Number; (c) Consultant obtains a City business tax certificate and license, if applicable, and provides proof of compliance; and
6.2 The City will have no obligation to pay for any services, rendered by Consultant In advance of receiving written authorization to proceed, and Consultant acknowledges that any such services are at Consultant's own risk.
Section 7. Time of Performance; Excusable Delavs: Extensions.
7.1 Consultant must adhere to ail schedules and deadlines set forth In this Agreement.
7.2 Consultant will not be liable for damages, including liquidated damages, if any,' caused by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
7.3 If Consultant is delayed by any cause beyond Consultant's control, City may grant, but is not required to, a time extension for the completion of services. If delay occurs. Consultant must notify City within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with Consultant's performance of services.
Section 8. Cooperation bv CItv.
Ail public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Scope of Services will be furnished CC Agreement No. 2019-28
to Consultant in every reasonable way to facilitate, without undue delay, the services to be performed under this Agreement.
Section 9. Project Documents.
9.1 Ail original computer programs, data, designs, drawings, files, maps, memoranda, models, notes, photographs, reports, studies, sun/eys and other documents (collectively, "Project Documents") prepared, developed or discovered by Consultant in the course of providing services under this Agreement will become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Consultant. Consultant will take such steps as are necessary to perfect or protect the ownership interest of City In such Project Documents. Upon completion, expiration or termination of this Agreement' or upon request by City, Consultant must turn over to City ail such original Project Documents In its possession; provided, however, that Consultant may retain copies of Project Documents. City acknowledges and agrees that use of Consultant's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City's own risk. If necessary. Consultant agrees to execute all appropriate documents to assign to City the copyright or intellectual property rights to the Project Documents created pursuant to this Agreement.
9.2 Except as necessary for the performance of services under this Agreement, no Project Documents prepared under this Agreement, will be released by Consultant to any other person or entity without City's prior written approval.
Section 10. Confidentiai Information: Reiease of information.
10.1 Ail information gained or work product produced by Consultant in performance of this Agreement will be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant may not release or disclose any such information or work product to persons or entitles other than City without prior written authorization from the City Manager, except as may be required by law.
10.2 Consultant, its officers, employees, or agents, may not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement. Response to a subpoena or court order will not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
10.3 if Consultant, or any officer, employee, or agent of Consultant, provides any information or work product (including Project Documents) in violation of this Agreement, then City will have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Consultant's conduct.
10.4 Consultant must promptly notify City should Consultant, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed under this Agreement. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response. 4 CC Agreement No. 2019-28
10.5 All media and press releases, including graphic display information, must be approved and distributed solely by City, unless othehwise agreed to in writing by City. All media interviews regarding the performance of services under this Agreement are prohibited unless expressly authorized by City.
Section 11. Consultant's Books and Records.
11.1 Consultant must maintain all documents and records demonstrating or relating to Consultant's performance of services under this Agreement, including ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City under this Agreement. All financial documents or records must be maintained in accordance with generally accepted accounting principles and all other documents must be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant under this Agreement. All such documents or records must be maintained for at least three years following the final payment under this Agreement.
11.2 Any and all records or documents required to be maintained by this section must be made available for inspection, audit and copying, at any time during regular business hours, upon written request by City or its designated representative. Copies of such documents or records must be provided directly to City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records must be made available at Consultant's address indicated for receipt of notices in this Agreement.
11.3 Where City has reason to believe that any of the documents or records required to be maintained by this section may be lost or discarded due to dissolution or termination of Consultant's business. City may, by written request, require that custody of such documents or records be given to a person or entity mutually agreed upon and that such documents and records thereafter be maintained by such person or entity at Consultant's expense. Access to such documents and records must be granted to City, as well as to Its successors-ln-interest and authorized representatives.
Section 12. Status of Consultant.
12.1 Consultant is and will at all times remain a wholly independent contractor and not an officer or employee of City. Consultant has no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
12.2 The personnel performing the services under this Agreement on behalf of Consultant will at all times be under. Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, will have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as provided in this Agreement. Consultant agrees that it will not at any time or in any manner represent that Consultant or any of Consultant's officers, employees or agents are in any manner officials, officers, or employees of City.
12.3 Neither Consultant, nor any of Consultant's officers, employees or agents, will obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claiim to any such rights or benefits.
CC Agreement No. 2019-28
Section 13. ComDilance with ADPlicable Laws.
13.1 In General. Consultant must use the standard of care in its profession to keep itself informed of and comply with all federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement that apply to the services performed by Consultant.
13.2 Professional Licenses and Approvals. Consultant agrees that it will, at its sole cost and expense, obtain and maintain in effect at all times during the term of this Agreement any licenses, permits, insurance and approvals that are legally required for Consultant to practice its profession.
13.3 Employment Laws. Consultant agrees to comply with all applicable federal and state employment laws including those that relate to minimum hours and wages, occupational health and safety, and workers compensation insurance. Consultant further represents that it is an equal opportunity employer and in performing "services under this Agreement agrees to comply with all applicable federal and state laws governing equal opportunity employment, and further agrees that it will not discriminate in the employment of persons to perform services under this Agreement on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of any such person, except as may be permitted by California Government Code section 12940.
Section 14. Unauthorized Aliens.
Consultant agrees to comply with all of the applicable provisions of the Federal Immigration and Nationality Act (8 U.S.C. § 1101 and following), as it may be amended, and further agrees not to employ unauthorized aliens as defined under the Act. Should Consultant employ any unauthorized aliens for the performance of any work or services covered by this Agreement, and should any liability or sanctions be imposed against City for the use of unauthorized aliens.
Consultant agrees to reimburse City for the amount of all such liabilities or sanctions Imposed, together with any and all related costs, including attorneys' fees, incurred by City.
Section 15. Conflicts of Interest.
15.1 Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Consultant's performance of services under this Agreement. Consultant's attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 and following), and California Government Code section 1090.
15.2 Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm will make, participate in the making, or in any way attempt to use the position of Consultant to influence any decision of the City in which Consultant knows or has reason to know that Consultant, or any officer, principal or employee of Consultant has any of the financial interests listed in Government Code section 87103.
15.3 If Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant must promptly disclose the relationship to City and take such action as City may direct to remedy the conflict. 6 CC Agreement No. 2019-28
15.4 City understands and acknowledges that Consultant is, as of the Effective Date, Independently Involved In the performance of non-related services for other governmental agencies and private parties. Consultant represents that, except as othen/vlse disclosed to City, it Is unaware of ariy stated position of City relative to these projects. Any future position of City on these projects will not be considered a conflict of Interest for purposes of this section.
Section 16. Indemnification.
16.1 Consultant agrees that it will, to the fullest extent permitted by law, defend. Indemnify, and hold harmless City from all Services Claims and Operations Claims (each defined below) related to the performance by Consultant of this Agreement as provided In this section.
Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to defend. Indemnify, and hold harmless City as set forth in this section.
16.2 For the purposes of this section, "City" includes City's officers, officials, employees, agents and volunteers, and "Consultant" includes Consultant's officers, officials, employees, agents and subcontractors and any other persons for whom Consultant is legally responsible.
16.3 With respect to the performance of professional services under this Agreement where the law establishes a professional standard of care for such services. Consultant agrees to Indemnify, and hold harmless City from and against all liabilities, damages, losses, and costs, Including but not limited to reimbursement of reasonable attorney's fees and all other costs of defense, to the extent caused by the negligence, recklessness, or willful misconduct of Consultant (collectively, "Services Claims").
16.4 With respect to the acts and operations of Consultant under this Agreement other than the performance of professional services. Consultant agrees to defend. Indemnify, and hold harmless City from and against any and all claims, liabilities, damages, losses, and costs.
Including but not limited to reasonable attorney's fees and all other costs of defense, to the extent caused, in whole or in part, by the negligence, recklessness, or willful misconduct of Consultant, and excepting only those claims, damages, liabilities, losses, and costs caused by City's sole negligence or willful misconduct (collectively, "Operations Claims").
16.5 Consultant must notify City within five days of receipt of notice of any Operations Claims or Services Claims made or legal action initiated that arises out of or pertains to Consultant's performance of services under this Agreement.
16.6 Consultant's duty to defend Operations Claims Is a separate and distinct obligation from Consultant's duty to Indemnify City for any Operations Claims. With respect to Operations Claims, Consultant Is obligated to defend City In all legal, equitable, administrative, or special proceedings, with counsel reasonably approved by City, immediately upon tender to Consultant of an Operations Claim In any form or at any stage of an action or proceeding, whether or not liability Is established. An allegation or determination that persons other than Consultant are responsible for the Operations Claim does not relieve Consultant from Its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals.
16.7 Consultant agrees that settlement of any Operations or Services Claim against City requires the consent of City. City agrees that Its consent will not be unreasonably withheld provided that Consultant is financially able (based on demonstrated assets Including 7 CC Agreement No. 2019-28
insurance) to fulfill Its obligation to Indemnify City for the costs of any such settlement as required under this Agreement.
16.8 The insurance required to be maintained by Consultant under this Agreement Is Intended to ensure Consultant's obligations under this section, but the limits of such insurance do not limit the liability of Consultant.
16.9 Consultant agrees to obtain executed Indemnity agreements with provisions identical to those set forth In this section from each subcontractor or any other person or entity involved by, for, with or on behalf of Consultant In the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others as required, Consultant will be fully responsible for all obligations under this section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will In no way act as a waiver of any rights under this Agreement.
16.10 The parties acknowledge and agree that design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code section 2782.8, which allows for claims only to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, and also places limitations on the costs of defense that may be charged to a design professional. The term "design professional," is defined in Section 2782.8, and includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entitles that offer such services In accordance with the applicable provisions of the Business and Professions Code. The parties further acknowledge and agree that the provisions of this Section 16 are to be Interpreted and applied to the fullest extent permitted by Civil Code section 2782.8.
16.11 The provisions of this section will survive the expiration or earlier termination of this Agreement In accordance with the applicable provisions of Exhibit C (Insurance).
Section 17. Insurance.
Consultant agrees to obtain and maintain In full force and effect during the term of this Agreement the insurance coverages listed In Exhibit C (Insurance), which Is made a part of this Agreement.
All insurance policies are subject to approval by City as to form and content. These requirements are subject to amendment or waiver If so approved in writing by the City Manager or City Attorney.
Section 18. Assignment.
k
The expertise and experience of Consultant are material considerations for this Agreement. City has an Interest In the qualifications of and capability of the persons and entitles that will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of City, which may be withheld In the City's sole discretion. Any attempted assignment will be null and void, and will constitute a material breach of this Agreement entitling City to any and all remedies at law or In equity. Including summary termination of this Agreement.
Section 19. Default: Limitations on Liabilltv.
19.1 In the event that Consultant Is in default under the terms of this Agreement, City will have no obligation or duty to continue compensating Consultant for any services performed after City provides written notice to Consultant of such default.
CC Agreement No. 2019-28
19.2 Consultant agrees that no City official, officer, employee or agent will be personally liable to Consultant in the event of any default or breach of City, or for any amount which may become due to Consultant, or for any obligations directly or Indirectly Incurred under this Agreement.
19.3 City's liability under this Agreement Is limited to payment of Consultant in accordance with the terms of this Agreement and excludes any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
Section 20. Termination of Agreement.
20.1 City may terminate this Agreement, with or without cause, at any time by written notice of termination to Consultant. In the event such notice is given. Consultant must cease immediately ail work and services in progress.
20.2 Consultant may terminate this Agreement at any time upon 30 days' prior written notice of termination to City.
20.3 Upon termination of this Agreement by either Consultant or City, ail property belonging to City that is in Consultant's possession must be returned to City. Consultant must promptly deliver to City a final invoice for all outstanding services performed and expenses incurred by Consultant as of the date of termination. Compensation for work in progress not based on an hourly rate will be prorated based on the percentage of work completed as of the date of termination.
20.4 Consultant acknowledges City's rights to terminate this Agreement as provided In this section, and hereby waives any and all claims for damages that might othen/vise arise from City's termination of this Agreement.
Section 21. Notices.
21.1 All written notices required or permitted to be given under this Agreement will be deemed made when received by the other party at its respective address as follows:
To City: City of Camarillo
601 Carmen Drive
City of Camarillo, CA 93011
Attention: City Manager
(Tel.) (805)388-5307
(Fax) (805)388-5318
E-Mail [email protected]
To Consultant: Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, CA 92614
Attention: Brook Westcott, C.O.O.
(Tel.) (949)428-7240
(Fax) (949)281-3195
E-mail [email protected]
21.2 Notice will be deemed effective on the date personally delivered or electronically transmitted by facsimile, if the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage CC Agreement No. 2019-28
prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
21.3 Any party may change its notice information by giving notice to the other party In compliance with this section.
Section 22. General Provisions.
22.1 Authority to Execute; Counterparts. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. This Agreement may be executed in several counterparts, each of which will constitute one and the same instrument and will become binding upon the parties when at least one copy has been signed by both parties.
22.2 Entire Agreement. This Agreement, including the attached Exhibits A through 0. is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed in this Agreement and supersedes all other agreements or understandings, whether oral or written, between Consultant and City prior to the execution of this Agreement.
22.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and assigns of the parties.
22.4 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Consultant and by the City Council or City Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. f
22.5 Eiectronlc Signatures; Counterparts. This Agreement and any amendment will be considered executed when the signature page of a party is delivered by facsimile or other electronic transmission. Such electronic signatures will have the same effect as an original signature. This Agreement may be executed in multiple counterparts.
22.6 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any services by Consultant will not constitute a waiver of any of the provisions of this Agreement.
22.7 Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with Its fair meaning. It will not be interpreted strictly for or against either party.
22.8 Severabillty. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the Agreement will be read and construed without the invalid, void or unenforceable provision.
22.9 Venue. In the event of litigation between the parties, venue in will be exclusively in a state court in the County of Ventura.
10 CC Agreement No. 2019-28
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF the parties hereby execute this Agreement as follows;
1ARILL0
David J. Norman, City Manager
ATTEST:
iffrie Madland, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
DATA TICKET, INC.
(If not an individual, two signatures are required.)
Title; Offtcu.
Name;
Title; b
Camarillo Business Tax Certificate No. 043183 / Expiration Date 02/29/20 11 CC Agreement No. 2019-28
EXHIBIT A
SCOPE OF SERVICES
(ADMINISTRATIVE AND PARKING CITATION PROCESSING /
AND ADJUDICATION SERVICES)
[Attached]
A-1 CC Agreement No. 2019-28
EXHIBIT A
■ A MR 2603 Main Street, Suite 300
Ur^lrl 119 Irvine, CA 92614
Tipi/ CT w'ye-. 949 428-7241 - PhoneI Iv^lXC. I [email protected] City of Camarlllo - Parking and Administrative Citation Processing Descriptions and Guidelines
Manual Citation Processing;
Services for the above-mentioned items include:
• Data entry of manually written citations performed within 48 hours of receipt • 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
Courtesy Notice:
Services for the above-mentioned item include:
• Semi-custom Courtesy Notice that is printed on an 8 14 x 11" piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the responsible party
• Hypeiiinked to the citation online and viewable via the web • Sent via 1®' Class Mail
• Include a return envelope in which the responsible party may submit payment Out-of-State Collections (Parking):
Covers all expenses associated with obtaining out-of-state registered owner information and will only be due when a citation is paid • Data Ticket is a recognized Strategic Partner with NLETs • This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 26% 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 City does not owe this fee
Delinquent Collections:
• This fee will be assessed when a parking citation is ninety (90) days past the citation issue date (or when a 2"^ notice is sent if sooner for parking), assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • This fee will be assessed when an administrative citation is sixty (60) days past the citation issue date.
• Delinquent Notices will be sent to the registered owner at no cost to the City • All notices are sent via First Class mail and all notices are printed on an 8 14 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 City does not owe this fee
02/25/2019 A-2 CO Agreement No. 2019-28
r^ATyt 2603 Main Street, Suite 300
Ur^lrl Irvine, CA 92614
Tl^l/ pT iiic; 949 428-7241 - Phone
I Iv^lXll I [email protected]
City of Camarillo - Parking and Administrative Citation Processing Descriptions and Guidelines
• Notices will be sent via 1 st Class Mail, and Data Ticket will be responsible for the cost incurred and all customer service and payment entry Franchise Tax Board Processing
SSN Look-up
• This fee will be assessed to lookup a social security number associated with a responsible party and address
• This charge is charged per unique SSN, not per citation FTB Collections:
• This fee is charged if a citation is paid at the Franchise Tax Board (FTB) • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged
• Data Ticket will send an FTB Notice to the Customer as required by the Interagency Intercept Program; this notice will be sent via 1®' Class Mail and will be sent at no cost to the City
• All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the City for the number of debts placed at FTB; the City 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 City does not owe the collection fee
Adjudication:
Hold & Scanning of Adjudication Requests
• Data Ticket will receive and scan all adjudication requests to the system • The system will automatically place an Adjudication Hold on the citation such that no further processing occurs
• All scanned documentation will be available for City Personnel and Hearing Officers to view at any time
Adjudication Letters
• Data Ticket will send a custom disposition letter and a custom Hearing Schedule Letter to the Appellant via 1 Class Mail
• All letters are attached to the citation online and are viewable via the web 02/25/2019 A-3 CO Agreement No. 2019-28
DATA
TICKETinc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
City of Camarlllo - Parking and Administrative Citation Processing Descriptions and Guidelines
2"^^ Level Hearing Disposition
• Data Ticket's independent, certified, insured hearing officers Vi/ill be provided to the Agency 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 wiii enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
• Hearings will be scheduled in accordance with Agency guidelines • 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 an Agency location or the Agency may elect to have citations heard at a centralized location within the County
Credit Card Convenience Fee
• This fee is not charged to the City, rather it is charged to the citizen in the event they elect to pay their parking citation(s) via credit or debit card • This fee is charged per transaction such that an individual may pay as many citations as they choose at any point in time and incur only one fee Handheld Ticket Writer/Printer Pricing - Optional
Data Ticket has provided the following handheld unit pricing for Three Year Lease options as well as Purchase Price options. If the City prefers to purchase the handhelds and printers outright, we would be more than happy to provide the associated costs. Each of the three handheld unit options will meet the needs of the City.
Single Piece Handheld Ticket Writer / Printer Pricing
Item N5 Print
3 Year Lease
Price
$100.00 / per month
Purchase Price $2,650.00
02/25/2019 A-4 CC Agreement No. 2019-28
DATA
TICKETiix;.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
City of Camarillo - Parking and Administrative Citation Processing Descriptions and Guidelines
Two Piece Handheld Ticket Writer Pricing
Item S9 Plus or Similar
Device Samsung Tab S3
3 Year Lease
Price $41.00 / per month $42.00 / per month
Purchase Price $1,035.00 $1,050.00
AND
Two Piece Handheld Printer Pricing
Item TSC 3 Printer Zebra 4"
ZQ520 Printer
3 Year Lease
Price $12.00 / per
month
$34.00 / per
month
Purchase Price $300.00 $1,000.00
Handheld Software License Fee $500.00 per unit per year, year only $150.00 per unit per year, 2"^ and subsequent years
This fee is for the software application and all enhancements.
Support and Maintenance $25.00 per month per unit
Support and Maintenance includes phone support M-F (7:30 a.m. to 5:00 p.m.) and remote repair and updates. For units purchased through Data Ticket, full repair or replacement of any units which fail to perform are covered in this charge. There is no deductible.
Otterbox Case (For Samsung S8+ and Tablets)
Printer Strap Case (For the TSC 3 Printer)
$75.00
$80.00
02/25/2019 A-5 CO Agreement No. 2019-28
fjSk 2603 Main Street, Suite 300Unlrl Hp Irvine, CA 92614 TIOI/ pT itx; 949 428-7241 - PhoneI IV^IXL. I [email protected] City of Camarillo - Parking and Administrative Citation Processing Descriptions and Guidelines
Training $800.00
Onsite training at the City's preferred location will be provided both the handheld ticket writer training and the system training. Training typically takes place over the course of a few hours and will be customized to meet the City's requirements.
Ticket Stock To be Quoted based on Quantity
Ticket stock pricing may vary depending on the quantity, coloring, artwork, and set up fee if applicable. We would be happy to supply pricing upon request.
Wireless Services Actual Cost
If the City elects to utilize a wireless cell plan by which to transmit citations, Data Ticket will pass the cost of the cell plan directly from the wireless vendor. 02/25/2019 A-6 CC Agreement No. 2019-28
SECTION 5: WORK APPROACH
A-7 CC Agreement 2019-28
Data Ticket, Inc. City of Camarlilo
Irvine, California Request for Proposal Administrative and; Parking (949) 428-7240 . Processing and Adjudication Services
A. Data ticket's Uhderstandiha of. the Scope of Services {Exhibit A)
1. Processing Services
Data Ticket understands the City requires a parking citation and administrative citation processing vendor who will provide City Personnel with the ability to utilize a fully hosted solution to manage citations. This approach alleviates the use of any City IT resources that are responsible for supporting and rtiaintaining any hardware of software. ' i •' -
We understand the City Is looking to find a Solution and a Solution Provider that will combine technology and services to provide the highest level of service. Given that, we will: • ' . , j
Data enter manually issued parking citations
Provide for the electronic transfer, perhaps wlrelessly, of electronically issued citations
Provide handheld ticket writers and citation issuance software that provides features that expedite the citation issuance process, provide for increased Officer safety, and increase citation issuance accuracy'
Provide.for the receipt and data entry of payments received via US Mail Acquire, real-time,^ CA reglstered'owher infonnation i
Acquire, real-time, out of state registered owner information Send daily noticing processes for all regular notices
Provide live, bi-llngual customer service representatives knowledgeable in how the City handles, all customer service related issues
Provide for the call recording of all inbound calls that can be provided to City Personnel upon request
Provide a multi-lingual Interactive Voice Response System that provides the .City's residents and visitors with real-time Information regarding their citation(s) as well as the ability to pay, 24/7
Provide a customizable website that provides the.public with the ability to lookup, pay for and appeal their citation(s) online
Process all payments and transactions real-time
Customize user access levels for City Personnel to access the Solution Provide extensive, customizable reporting features that allow Personnel to create, save and share custoni reports
Provide full service citation processing, including daily processing, delinquent processing and the use of the Franchise Tax Board's interagency intercept program Provide robust disaster recovery procedures and a fully redundant Solution to avoid the loss of any data
Provide a cortiplete and detailed audit trail at the citation level for every transaction in the Solution
Provide a fully staffed, knowledgeable Staff that can share in the responsibilities of daily citation management
Share best practices that are communicated to the City on a consistent basis to ensure processing is as efficient and effective as possible .
Data Ticket, Inc. 8 j Page
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Data Ticket, Inc. City of Camarillo
Irvine, California Request for Proposal Administrative and Parkjng (949) 428-7240 Processing and Adjudication Services
• Provide a full-sen/ice Adjudication Department that will place citations on hold, schedule hearings, scan all received documentatiorl into the Solution and attach it for City review
• Scan ail received envelope and payment back-up
• Provide for the implemeritatlon of a customized Permit Solution • Providie for all customer service as it relates to permits, if so desired Data Ticket's management philosophy and approach to each project we undertake is to:
• Represent each client as they would represent themselves if they were providing the same or similar citation and permit managerhent services in-house • Provide progressively advanced hardware and software, so that our clients have reports and information available as they need
• Provide professional and weii-trained staff to service our clients arid their customers • Provide maximum revenue collections for our clients, poijtely and proficiently
2. Citation Reconciliation
Data Ticket will provide online reporting that details all citations sent to and processed by Data Ticket, including monthly statistics on citations, voids, adjustments, dismissals, corrections, adjudication, payments and other relevant information received and processed.
3. Data Entry from Handwritten Citations
Data Ticket's in-hoiise Mail Department accepts, data enters, and updates manually written citations Monday - Friday from Bam -5pm, Pacific. Manually issued citations can be sent to Data Ticket via email, regular US Mail, FedEx or some other expedited mail delivery service. If received via paper, the citations will be opened, batched and provided to our in-house Data Entry Department.
If manually written citations are emailed to Data Ticket, the citations will be opened, keyed and a confirmation email will be sent to the City indicating the citations were' keyed.
All manually written citations are keyed and available within our Solution in 24-48 hours of receipt. These citations are scanned and stored on our network for any period defined by the City. Once scanned, the physical copies of these citations are destroyed.
In the event a citation cannot be entered for any reason, our Data Entry Manager will email the appropriate City contact to advise of the citation and the reason the citation cannot be entered.
4. Registered Owner Name Retrieval
Our Solution is online with Califomia DMV for registered owner information and has been for the past 30 years.
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A-9 CC Agreement 2019-28
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Camarillo
Request for Proposal Administrative and Parking
Processing and Adjudication Services
CfTAffit..
We are the oniy vendor in the industry who, within 1-2
minutes of receipt of a citation, obtains CA registered oivner information via an ontine connection with CA
DMV.
in addition, our Soiution provides for the abiiity for City Personnel to lookup a license plate and/or VIN, real-time at CA DMV, thus removing the reliance on CLETs for
non-sworn Officers. No other vendor offers this service.
Our in-house Operations Department reviews all citations daily that are returned as a make/mismatch from DMV. In the event a Make Mismatch occurs, the citation is automatically placed on the real-time Make Mismatch report available to the City 24/7.
Our Operations Department reviews all "No Hits" to ensure the data provided on the citation is accurate. In addition, Data Ticket provides our Clients with a real-time report where they can view all citations for which a "No Hit" was received. Finally, Data Ticket attempts to obtain a registered owner once every 30 days for 6 months from all DMVs to ensure we obtain a registered owner as soon as one is available. In addition, we will also resubmit citations upon request to determine if a registered owner is available.
5. Out-of-State Registered Owner Information from State DMV Data Ticket obtains registered owner information for out-of-state plates utilizing a combination of direct access methods for states tike Arizona, Florida, Illinois, Maryland, North Carolina, Nevada, Ohio, Oregon. Pennsylvania, Texas and a variety of others.
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Itas
Oeparimant
ofltmmperMlan
In addition, we utilize NLETs to obtain out of state registered owner information from states that do not provide direct access.
NLETs functions much like a CLETs interface whereby Data Ticket has access to out-of-state registered owner information 24/7, compared with dependence on each individual state.
PauMd Bu
NIets
6. Mail Collection Letters
Data Ticket sends a 1®^ Courtesy Notice for unpaid parking citations at either citation date + 7 days, citation date + 14 days or citation date + 21 days. The timing of this 1®* Courtesy Notice is completely up to the City: however, most Agencies have Data Ticket send this notice at Citation Date + 21 Days. This notice, per California Vehicle Code, Data Ticket, Inc.
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10 I P a g e
CC Agreement 2019-28
Data Tiicket, Inc. City of Camarlllo
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
provides the recipient with 14 days to pay or appeal the citation without incurring any penalties.
Once the 1®* Courtesy Notice is sent and the citation rolls to a Delinquent Status, Data ticket will send an additional 3 notices, starting at day 92. Each notice is sent 30 days apart. Following the Delinquent Noticing process, Data Ticket recommends sending a Franchise Tax Board Notice. This Notice is required if the City elects to participate in Franchise Tax Board collections.
7. OA DMV Registration Holds I Releases
Real-time, through our online connection with DMV, Data Ticket places California registration holds and releases. In addition, our connection to California DMV is different from the City's current vendor and many other vendors. Our connection automaticatiy provides us with next day confirmation that a registration hoid or re/ease was successful.
Data Ticket Staff also can place holds and releases manually. In the event the City requires a manual hold or release be placed, that will be processed the same business day the request is received.
Other processing vendors do not get that confirmation until the monthly DMV file is provided by DMV. This significantly impacts the ability to process holds and releases effectively as it means there could be up to 4 weeks of duration before the City can be guaranteed a hold or release was successful.
8, Automated Processing of Administrative Review Requests fApoeals) Data Ticket is the only citation processing agency that has a 100% dedicated Appeals Department that focuses all its time on 1®' level Administrative Reviews and 2"^* level Administrative Hearings.
Each member of this Department has gone through the California Public Parking Association's administrative review and hearing officer training and each member attends an annual review course provided by the CPPA.
Our Solution offers for a 100% paperless adjudication process that allows the City, Appellants and Data Ticket to manage the adjudication process from start to finish.
Those citations that are appealed via US Mail are placed on hold by our Appeals Department and ail documentation received is scanned and attached to the citation. This means City Personnel will simply login to our Solution to view all citations on a 1®* Level Review Hold and view all supporting documentation;
After a disposition has been entered, our Solution will automatically generate a disposition letter and, based on the date and time the disposition is entered, it will either be mailed via first class mail the same day or the following day.
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Data ticketi Inc. . City of Camariilo
Irvine, California Request for Proposal Administrative and Parking (949) 428r7240 Processing and Adjudication Services
' . ' ' .. i
Our Solution provides our Clients with the ability to view and reprint adjudicatiori letters ^ at any time directly from the internet. Iri addition, City Personnel will have access to generate a real-time report that provides details on all Adjudication related rnatters. This report may be run at any time for any timeframe, iI
Our Sbiutioh stores all historical data regarding ia citation; in addition, once a citation record Is created in the system, we will not purge this record frorn our database; ever.
This is ihnportant as many citation processing agencies purge data after a period to reduce the amount of data on their servers. Data Tjcket believes the City's data; should be made available to the City ifthe City is a Client. j 9, Administrative Hearings (Adiudicatioh Servicesi
Our Solution provides for a completely paperless Administrative Hearing Process if so desired. The City, Appellants and Data Ticket will be able to rnanage the Hearirig process in much the same way Level Reviews are processed. ; Admihistrative Hearings requested via our Solution will have ail supporting documentation attached to the citation. Similarly, Adnriihistrative Hearings Requests made via US Mail will be processed the same day received, supporting documentation' will be attached to the citation and the citation will be placed on ah Administrative Hearing Hold. ~ i
Our Adjudication Departhient will work directly with City Personnel and the selected Hearing Officer to schedule Hearings to be performed in Person. Our Solution also supports Administrative Hearing Requests to be performed via paper arid via the phone.
Concluding the Hearing, the Hearing Officer will simply enter their disposition irito our Solution and we will be responsible for sendirig the disposition letter via first class mail.
Ail Hearing Schedule Letters and Healing Disposition letters will be attached to. the citation record in our Solution, so City Personriel can view all documentation jn a single location. i
Our Solution provides our Clients with the ability to view and reprint adjudication letters at any time directly from the internet. In addition, City Personnel will have access to generate a real-time report that provides details oii all Adjudication related mattisrs. This report may be run at any time for any timeframe. . !I
10. Pavment Processing |
Data Ticket provides for the acceptance of payments via US MaiL Correspondence and payments accepted via oiir Newport Beach PO Bpx are picked up daily by 7:0pam and delivered via a bonded, insured courier to our office for processing. | i
All incoming rtiaii is sorted, opened and batched by postrriark or received date,' depending ori the City's requirernehts.
Data Ticket, inc. 12 [Page
A-12 CC Agreement 2019-28
Data Ticket, Inc. City of Camarillo
irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
Payments received via US Mail are processed in-house and deposited within 24 hours of receipt. As payments are made, the City will have access to real-time reports, available 24/7 and reflecting each payment. Daily and monthly, Data Ticket reconciles deposits made to ensure ail payments have been properly accounted for.
All backup received with payrtient data is scanned and stored on our network for as long as the City is a Client. In addition, all bank deposit information will be stored on behalf of the City for as long as the City requires.
Our Solution accepts Visa, MasterCard, Discover and American Express credit / debit cards via the Internet, our bi-lingual automated voice response system (IVR), via our live, bi-lingual Customer Service Representatives and via Client specific locations.
Online payrnents are authorized and processed realrtlme and the Citizen Is provided with a confirniation number that matches the real-time authorization number. Our website and IVR will be available to the City and its Customers 24/7. We do not have any scheduled downtime during which our Solution is not available.
Our live, bi-lingual Customer Service Representatives are available Monday - Friday frpm 7am - 5pm Pacific. Our Solution is PCI Compliant to provide the City and the public with the peace of mind that our Solution is hacker-safe and credit card information is kept in the highest regard.
Payments received and processed via check, cash and money order can either be deposited into the City's bank using a courier or they can be deposited into the City's bank using Check 21 or remote check deposit.
Additionally, the City may elect to utilize an escrow bank account. If the City elects to utilize an escrow bank account, daily all checks and money orders will be deposited directly into the escrow account using Remote Check Deposit (RCD).
Weekly, Data Ticket's Accounting Department will reconcile the account and issue refunds to those individuals who are due a refund. Additionally, the account is reconciled at month-end using the funds in the account to pay the Data Ticket invoice, pay the City's County / State surcharges, and issue a check or wire to the City for the net collections. Finally, credit / debit cards accepted are reconciled and disbursed at month- end.
11. Correspondence Processino
Data Ticket will be responsible for the receipt and processing of all correspondence received. Our in-house Mail Department will be responsible for the receipt, tracking and processing of all inbound correspondence via US Mail. The Mail Department will ensure all received correspondence is provided to the correct department for processing and that all correspondence will be processed within 2 business days of receipt.
Data Ticket will always seek approval from City Personnel on all standard forms, notices of delinquent violation and correspondence. All forms and correspondence do and will Data Ticket, Inc. 13 | P a g e
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Data Ticket, Inc. City of Canriarillo
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
continue to meet applicable State and Federal laws. If the City would like to view copies of our standard correspondence letters we are happy to supply them upon request.
12. ReDorting
Parking citations and Adrriinistrative citations generate a tremendous amount of data.
That data is only useful if you have the right tools to report on that data. Our Solution provides for over 200 reports that can be run real-time for any time-period required.
While this sounds impressive, we realize not all Agencies have the time to run reports.
Our Client Services Department will gladly provide ariy reports required at any time to the City. It's just part of the exceptional Customer Service we provide.
If City Personnel choose to run reports, all of Data Ticket's reports are available online.
There is no limit to the amount of reporting the City can generate. In the event the City ever requires a custom report or additional fields or optional criteria on a report, we will gladly add the custom report, field or optional criteria at no charge.
In addition to our Standard Reports, Data Ticket's Solution provides a Report Generator feature online which provides our Clients with the ability to create, save and share custom reports.
13. Toll-Free Telephone Service / Customer Service
Data Ticket provides to each of our Clients an in-house, bhiingual Customer Service Department that is available M - F from 7am - 5pm Pacific. Each call received or made via our Customer Service Representatives Is recorded and each call, upon request from the City, can be sent to the City for review.
Data Ticket offers several toll-free numbers available to Customers for inquiries. The difference in the numbers provided helps us better understand what types of questions an individual may have. For example, we have toil free numbers for current citation information and delinquent toll-free numbers, as well as Adjudication toll free numbers.
Based on the number dialed, our Customer Service Representatives can view on their phone the type of call coming in and are better prepared to answer questions specific to the caller's needs. Our Customer Service Representatives are trained to answer all questions regarding the City's general administrative citation policies and procedures. In addition, our Customer Service Representatives are required to treat everyone as the City would treat them and to act as an extension of the City.
Data Ticket resolves all simple individual inquiries on the date of the call. We do not carry over into a second day to resolve issues, nor do we request that an individual call back. We will happily call back any Individual who requires a follow-up to the initial call.
Should an inquiry require additional research, such as a calj to the City or some other task, Data Ticket wilt close the issue within 2 days of the initial call. in addition to our live Customer Service Representatives, we offer a bi-llngual Interactive Voice Response System that is available 24/7 for Customers to get general and citation specific information, as well as to pay for their citation. Finally, Data Ticket provides a Data Ticket, Inc. 14 | P a g e
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Data Ticket, inc. City of Camarillo
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
toll-free bi-llngual line directly to our Adjudication Department to handle all adjudication related questions.
14, Custom Notices and Letters
At no extra cost, Data Ticket will provide postage, correspondence and all standard forms to meet all applicable State and local laws and regulations in regard to citation processing and adjudication.
AH notices and letters will be mailed daily, Monday - Friday, via first class mail and all correspondence will be hyperlinked online to the citation to which it applies so City Personnel can view and reprint correspondence at any time.
15. Online Induirv Access
Data Ticket's Citation Mariagement System is 100% web-based. The entire system is accessible using individual usernames and passwords. Any City Personnel with access to the internet and a web browser may access the system using a unique username and password that will be set up during the Implementation phase. In the event new individuals require access to the system or individuals with existing access need their access level modified, Data Ticket will update the access levels the same day the request is made at no cost to the City.
Access by City Personnel is granted by a citation number, notice number, vehicle license number and State, name, or VIN. Data displayed once a valid search criterion is used is:
• All citation level information that was entered on the citation, including VIN • All photographs, videos and voice recordings taken at the time of the citation issuance and transmitted to Data Ticket
• Current status of the citation, provided in bolded text • DMV Inquiry date and hold and release information and dates, including registered owner information, with address and registration expiration date • Delinquent notice history, including date sent, date due, address sent to, registered owner, make of the vehicle and amount due
• Adjudication history, including date the citation was placed on a review and hearing hold, date hearing was scheduled for, date hearing schedule letter was sent, judgment, date judgment was entered, date judgment letter was sent, disposition information, hearing officer name, complete appeal description^ images attached as part of the adjudication process and a complete description of the reason for appeal if the appellant appealed online
• Payment information, including payment type, payment received date, check date,. check nurnber, deposit date, payment location, amount paid and returned check date or credit card chargeback date
• Penalty history including penalty date, penalty amount • Registered owner information as provided by DMV, Including registration date and any names listed on the registration, VIN, make and model • All phone notes as entered by our Customer Service Representatives and any other personnel who have a username and password
• The number of citations for each registered owner and the number of citations issued for each state / plate
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Data Ticket, Inc. City of Camarlllo
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
• Vehicle registration history
• A cortiplete audit trail of the citation, including a username and date for every transaction
• Citation simulation for reproduction and printing at the Authority • Scanned images related to Adjudication, payment backup and other matters During the implementation phase and throughout the life of the contract, the City will have the opportunity to define the user access levels for everyone provided with access to the system. Access to the system by the City includes the ability to:
Enter voids with reason codes or full comments
Enter dismissals with reason codes or full comments
Enter letter data with the ability to add custom notes
Place holds (extensions) on citations and enter a hold date and a reason Enter promissory notes with extension dates
Enter review and hearing notices and comments
Enter review and hearing dispositions, including notes and comments Enter or request citation data corrections
View photos of the violation in the format they are sent Enter phone notes to be viewed by the City and Data Ticket only Enter or request citation data corrections and violation changes Reduce citation dollar amounts
Enter refunds performed at the City
Enter NSFs received by the City
Enter payments taken at the City
View a complete adjudication history, including supporting documentation Enter dispositions related to Administrative Review Requests and Administrative Hearings
Generate, print and re-print Adjudication letters
Print receipts for citations that have been paid
In addition, our website provides a complete audit trail of the registered owner and any changes made due to a release of liability, a change due to a renter or lessee, or any other change. Finally, City Personnel will have the ability to view a complete audit trail for every citation in the system.
16. Support
Data Ticket provides support Monday - Friday from 7am - 5pm. In addition, cell phone numbers and email address will be provided to the City for afterhours needs. Data Ticket fully supports our Clients throughout the entire project lifecycle. Our Solution does not ever go unsupported and our Clients are never on an 'old', 'outdated' or 'unsupported' Solution. On-going support and training are provided to each of our Clients via in person sessions, phone sessions and web-conferencing sessions. 17, Franchise Tax Board
Data Ticket has the longest record of any parking vendor for working with the Franchise Tax Board for placing parking and administrative debts. In addition, Data Ticket absorbs Data Ticket, Inc. 16 | P a g e
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Data Ticket, Inc. City of Camarilio
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Sen/ices
all costs associated with working with the FIB, rather than passing those along to the City. This is a unique feature only Data Ticket offers.
As part of our regular process, we update FIB weekly to make sure all paid debts are credited, and all new debts are updated to FTB. This effort is time consuming and very detailed, but we find it garners the largest return on investment for our clients.
All 3 of the references we provided to the City utilize Franchise Tax Board Collections via Data Ticket's full-service solution.
18. Collection Services
Data Ticket's Solution and Staff expertly handle Advanced Delinquent Collection services for our Clients as a final option to recoup outstanding citations. During this process, additional notices are sent, all inbound and outbound Customer Sen/ice calls are handled, and an integrated partner performs skip tracing and outbound dialing. In addition, through this service, all reporting is provided monthly and all transactions are provided in ourenline Solution, thus providing the City with a single system of record.
19. Postal Increases
Data Ticket understands that In the event of a postal increase, we may request an adjustment in fees to offset the postal increase. Further, we understand this request must be done in writing.
20. Transition Plan
Data conversion is extremely important and must be done with the utmost care to keep the integrity of the data intact. Data Ticket has a full-time resource dedicated to converting new Clients from existing systems. We are confident in our ability to work with the City's existing data to converting it as required in the City's RFP.
Data Ticket will take responsibility for conversion of the existing data and we will coordinate with the City of Camarilio to do this. Data Ticket does not ever charge a conversion fee. We will have the City's data converted within 30 days of the Notice to Begin or receipt of the existing database.
Training of City Staff is as equally as important as converting legacy data. Data Ticket will provide detailed, on-site training at the City's location for all users of the Solution.
Data Ticket will not install any hardware or software on City owned devices. All access to the Solution will be using any internet browser (if using Internet Explorer, the version must be 11.0 or higher to maintain PCI Compliance).
All correspondence will be approved by the City prior to sending and all processing and correspondence wili comply with the State of California Vehicle Code.
21. Network Infrastructure
Data Ticket owns operates and updates all our hardware and software on-site in Irvine, California. We do not outsource any part of our infrastructure. Data Ticket maintains our Data Ticket, Inc. 17 | P a g e
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Data Ticket, Inc. City of Camarijlo.
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
parking citation management system database and physicaj system security in a manner that provides complete confidentiality and protection from unwanted access.
22. PCI Compliance
Data Ticket's Solution is Payment Card Industry (PCI) certified and our Solution is subjected to both quarterly, scheduled scans of our database as well as unscheduled scans, thus providing the ultimate security for our Clients and the public. In addition, we are the only vendor in the industry that is SOC 2 Type 2 Compliant.
23. Security Policy
Data Ticket's website is housed on a secure Windows 2012 server with the following . security precautions:
o The server is behind the Cisco firewall
o Integrated security is employed between the IIS and SQL servers o Ail passwords are encrypted
6 Several pages on the website are encrypted using a strong, 256-bit encryption scheme from VeriSign services
o Nightly backups are made in the event of a hacker accessing the web server o Data is not kept on the web server, and hacking into the data server is virtually impossible
In addition, our website provides a corhplete audit trail of the registered owner and any changes made due to a release of liability, a change due to a renter or lessee, or any other change. Finally, City Personnel will have the ability to view a complete audit trait for every citation in the system.
Throughout the life of the contract, the City will retain all ownership of the data and at no time is the data considered property of any entity other than the City before, during and after the life of the contract
24. Data Backup
Data Ticket performs automated backups daily and removes ail backups to an offsite location. Our complete disaster recovery plan will be provided upon request.
Our citation management system employs a wide variety of safety measures to be prepared for the eventuality of an emergency or disaster. All data is backed up off-site daily to be prepared for disaster recovery.
In the event of an earthquake, fire, flood, hurricane, evacuation, bomb, blackout, theft, riot, or any other emergency or disaster, the following procedures wili be used to restore data and hardware. Should the City require viewing our detailed disaster recovery plan, we are happy to provide it upon request.
25. File Storage
Data Ticket scans all manually received documentation and stores each electronic document on our network if the City is a Client. We do not keep physical copies of Data Ticket, Inc. 18 j P a g e
A-18 CC Agreement 2019-28
Data Ticket, Inc. City of Camarillo
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
documentation. We have found electronically storing documentation decreases the time it takes to locate and provide such documentation when needed.
If the City requires physical copies of documentation, we are happy to discuss that as an option.
26. Audit
Data Ticket will hire an auditor at no charge to comply with CVC 40200.3(b); however, we have never needed to as our existing reporting meets CVC's requirements.
27. Pavment to Contractor
Data Ticket understands the Cjty's requirements surrounding payment.
B. Quality Control Measures
Data Ticket processes parking citations and performs collections for over 350 clients, nationwide. We have never had a contract terminated and we have been able to perform exactly as required for all clients.
To ensure client satisfaction, Data Ticket works closely with each of our Clients to contain costs and ensure that schedules are adhered to. Our system is time and event driven so each transaction that occurs in the system, such as acquiring a registered owner, sending notices, applying penalties and managing the adjudication process occur for each client when each client business rules require it to occur. We do not batch process and our system does not require human intervention to perform most of the above-mentioned processes. Based on the timing required by each client, as each citation encounters the next step in processing, our Citation Processing System performs that step automatically.
Regarding cost containment, we do not structure our contracts such that there are hidden fees nor do we 'nickel and dime' our clients. Our costs are provided in a very clear and concise manner. In addition, when we begin work with each client, we set out a cost model that helps define the expectations for the client and Data Ticket so that there are realistic expectations for monthly, quarterly and annual costs.
Quarterly, we compare the cost model laid out at contract inception, to the actual costs that have been realized, to determine whether we're on track to meet our expectations.
As we proceed, the estimates are adjusted, if needed and we discuss our findings with our clients. During this process we also provide suggestions for best practices to help our clients receive the best value at the lowest cost.
The detailed implementation phase will help us best understand the City's requirements, current operations, staffing levels and capabilities for performing work in-house. In turn,' the implementation phase helps new Clients best understand the capabilities of the system and how they/we can best use the system to serve the City and what roles and responsibilities the City would like to start or continue performing.
Data Ticket, Inc. 19 | Page
A-19 CC Agreement 2019-28
Data Ticket, Inc.
Irvine, Caiifornia
(949) 428-7240
City of Camarilio
Request for Proposal Administrative and Parking
Processing and Adjudication Services
Constant communication in the form of on-site visits at the City, at Data Ticket or via teleconference or web conference further help foster our communication effort so the City knows what to expect at every turn. We don't believe there should ever be surprises, either when it comes to processing, invoicing, handling customer service matters or any other processing related matter.
The City has requested we describe the work or tasks we intend to perform. Below and on the following pages, we have provided a high-level approach and a detailed approach.
C. Performing the Work
Our approach to citation processing is continually evolving. We have been processing parking citations for 30 years. We use our experience and expertise to continually improve our software and our services so that our partnerships with our Clients continue to evolve and grow.
Data Ticket's Citation Management Solution is available to our clients via a 100% web- based solution. We are the leader in the industry with regard to our customer service, industry knowledge and willingness to partner on every level with our Clients. Since we have the benefit of processing for many agencies across the United States we have the access and ability to observe and understand "best practices" in the industry and to share those best practices with our Clients. We partner 100% with our Clients to meet and exceed their needs and we expect our Clients to rely on us for our expertise.
Data Ticket offers several models to meet the City's Citation Management Processing requirements. These models range from Data Ticket performing all services in-house to the City performing ail services in-house to a combination of sharing or dividing tasks and services. Based on the City's RFP, we understand the City wishes to provide the highest level of customer service for all types of customers while potentially removing some of the daily responsibilities. Based on this information, we have provided what we believe to be best practices that will provide the maximum benefit for the City's Customers and Staff.
The table below represents our suggestion only of how we believe the daily citation processing and collections responsibilities can be shared to maximize the efficiency of the process. Again, all services can be reviewed individually and the City, Data Ticket or a combination of both can perform each service.
Functionality City Personnel
Performs
Data Ticket
Performs
Data Entry of Manually Written Citations y
Automated Electronic Transmission of Citations y
Real-time automated registered owner retrieval y
Generation, printing and sending notices y
Data Ticket, Inc.
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20 I P a g e
CC Agreement 2019-28
Functionality City Personnel
Performs
Data Ticket
Performs
View photos, videos and voice recordings of citations
in the format in which they are sent y
Automated Bail Escalation
yAutomated management of the FTB and Delinquent
Processes yPlace citations on adjudication holds and scan all supporting documentation y
Enter 1®' Level Dispositions y
Send all Adjudication Letters
y
Schedule 2"*^ Level Hearings y
Enter notes to be viewed by the City and Data Ticket y yHandle Customer Service, including IVR and live, bi lingual customer service phone lines y
Review Parking Permit applications
y
Issue Parking Permits y yHandle Customer Service, including IVR and live, bi lingual customer service phone lines for permits y
D. Enhancements / Technical Innovations
In this section of the City's RFP, the City asks responders to provide suggestions for enhancements or technical innovations that will benefit the City and the City's Customers. Below we have provided a summary of the work that is not required by the City's RFP but will greatly enhance the City's offerings. You will note the items selected below demonstrate one thing: Customer Service. Customer Service is a powerful tool few agencies use to their advantage. Providing excellent customer service can change the way customers view a program and policies just like poor customer service can change a program and policies. Similarly, technology can provide excellent customer service, but it also can provide very poor customer service.
Use a Translation Service:
Data Ticket utilizes Google Translate so visitors of our website can change the language from English to 1 of 104 available languages. Given the City's requirements surrounding Customer Service, we can't imagine the City isn't already using this feature. A feature like this is easy to use and encourages individuals to use the web to manage their parking citations simply because they can understand their options and they can do it on their own time at any location they choose.
Increase the Number of Payment Types Accepted:
Data Ticket accepts Visa, MasterCard, Discover and American Express. The City currently accepts Visa and MasterCard. We believe as many payment options are Data Ticket. Inc. 21 | P a g e
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Data Ticket, inc. City of Camarllio
irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
possible should be offered to recipients of parking citations and to customers of permit solution to promote prompt payments.
increase the Access Points to information;
We provide unlimited access points via the web for customers to obtain Information about their parking citation(s). The City currently provides access to parking citation information online; however, lacks a web presence to allow citation recipients to pay or appeal their citation(5) online. We believe providing access to the online solution is one oHhe most valuable communication tools available to the City, Provide Additional Customer Service Hours and Enhanced Caller Features:
Data Ticket provides an advanced Customer Service Department via several toll-free numbers that is available Monday - Friday 7am - 5pm, Pacific. Ail calls are recorded and can be provided to the City for review. We find that providing multiple toll-free numbers allows our Customer Setvice Representatives to better understand the types of issues a caller may be having, based on the number dialed. This, combined with the additional hours of operation of our live customer service representatives, provides for a better customer experience.
Utilize a Processing Agency with Familiarity of the Area:
Data Ticket is the citation processing vendor for many cities near Camarllio. We are intimately familiar with the area, its residential and visitor demographics and the high level of attention required to manage a successful program.
Customized Software:
Our Citation Processing Software is offered as a Software as a Service or a SaaS. As such we will install anything at the City's location or on any of the hardware provided by the City. Our Software is 100% proprietary, providing us with the ability to integrate it with any other software in the industry via the most streamlined processes possible. The data processed is the City's data and we firmly believe in presenting that data to the City in a manner that is useful and efficient.
Our software is being utilized by hundreds of clients nationwide and by thousarids of officers nationwide. The reason? We customize our Solution to meet each clients' needs.
We don't force a client into a box or a model and we won't do that for the City. We interface with LPR Solutions, RMS Solutions, Finance Solutions, Financial Kiosks, Mobile Pay, Pay by Plate and Pay by Space Solutions. The options are limitless, and they are included. They're included? What does that mean? That means we never charge a client for an integration with any other software provided and we never charge a client for customization or configuration. We simply believe that our ability to provide excellent software and service demands we be as flexible as possible.
Consider Use of Handheld Ticket Writers;
Data Ticket provides our clients with handheld ticket writers that expedite the citation issuance process, decrease the number of data entry errors and provide additional features, including the ability to take photos, video and voice recording and have them automatically attached to the citation.
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Data Ticket, Inc. City of Camariiio
Irvine, California Request for Proposal Administrative and Parking (949) 428-7240 Processing and Adjudication Services
if the City Is interested in understanding more about the types of handhelds offered, the citation issuance software offered and the benefits of using such devices, we are happy to discuss it at any time.
Stable, Flexibie and Forward-Thinking:
We have not changed names, acquired another company or been acquired by another company. We have had no major changes in staffing for the last 15 years. We have not been invoived in any iawsuit and we are not currently involved in any lawsuits. Simply put, City Personnel will work with a consistent, knowledgeable and professional workforce at Data Ticket. We think that when our clients pick up the phone and know who will answer, that is invaluable and that is customer service.
Data Ticket, Inc. 23 [Page
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EXHIBIT B
KEY PERSONNEL & COMPENSATION
1. Consultant's designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement is: Brook Westcott, Chief Operating Officer. The other key personnel are:
Name Title/Position
Marjorie Fleming President
Heather Nowian Ciient Services Director
Wanda Stone Mobile Support Manager
2. Total compensation under this Agreement, including reimbursement for actual expenses, may not exceed: $115,103.
FEE SCHEDULE
(See Attached Parking and Administrative Citation Processing Fee Schedule) B-1 CO Agreement No. 2019-28
DATAS
TICKET"
EXHIBIT B
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
City of Camarillo - Parking and Administrative Citation Processing Fee Schedule Fee Description Parking Citation
Processing Fee
Administrative
Citation Processing
Fee - Option 1
Citation Processing and Collections
Manual Citation Processing $0.75 $14.00
Electronic Citation Processing $0.65 $12.00
1®* Courtesy Notice Sent $.75 No Charge
Out of State Collections 26% of paid amount No Charge
Delinquent Collections 26%* of paid amount No Charge
Franchise Tax Board
Processing - SSN Look-up
$2.50 per unique SSN $2.50 per unique
SSN
FTB Collections 15% of paid amount 15% of paid amount
Advanced Collections Legal
Action Not Required - Optional
30% of paid amount 30% of paid amount
AB503 - Data Ticket Performs
Approval/Denial
$5.00 N/A
AB503 - City Performs
Approval/Denial
$2.00 N/A
Indigent Payment Plan Letters $.75 N/A
Adjudication Processing Services
Adjudication Hold & Scanning
of Documentation (Per 1®* & 2"^^
Levels)
$0.50 per hold No Charge
Adjudication Letters - Inclusive
of 1®* Level Disposition & 2"^
Level Schedule & Disposition
Letters
$.75 per letter No Charge
Certified Letters - Optional -
per letter sent
N/A $5.00
Hearing Performance $85.00/hr $85.00/hr
02/25/2019 B-2 CO Agreement No. 2019-28
r%yi[T>& flB 2603 Main Street, Suite 300Lfrll/A Irvine, CA 92614 Tipi/ FT 428-7241 - PhoneI IV^IxC. I [email protected] City of Camarlllo - Parking and Administrative Citation Processing Fee Schedule Optional Services
Advanced Collections Processing (Optional)
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 roiled to delinquent status and paid at Advanced Collections, only the 30% of revenue collected will be charged
Adjudication:
Hold & Scanning of Adjudication Requests $0.50 per citation • Data Ticket will receive and scan all adjudication requests to the system • The system will automatically place an Adjudication Hold on the citation such that no further processing occurs
• All scanned documentation will be available for City Personnel and Hearing Officers to view at any time
Adjudication Letters $0.75 per letter
• Data Ticket will send a custom disposition letter and a custom Hearing Schedule Letter to the Appellant via 1 Class Mail
• All letters are attached to the citation online and are viewable via the web 2"^ Level Hearing Disposition $85.00 per hour
• Data Ticket's independent, certified, insured hearing officers will be provided to the Agency 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 in accordance with Agency guidelines • 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 an Agency location or the Agency may elect to have citations heard at a centralized location within the County
Joint / Escrow Banking Services (Optional) $100.00 per month Services for the above-mentioned item include:
• Daily deposits of funds to the City'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 02/25/2019 B-3 CC Agreement No. 2019-28
TICKETiik;.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
City of Camarlllo- Parking and Administrative Citation Processing Fee Schedule • Month-end reconclliatlon 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 City
• Scanning of all payments directly to joint bank account daily using remote check deposit
• The City 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 (Optional) $1.25 per issued instance • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence
• Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds (Optional) $2.50 per issued instance
• Data Ticket will process refunds when notified by the City • In the event the City utilizes Joint Banking, Data Ticket will verify, generate and send each refund due when notified by the bank
• Refunds will be issued weekly
• Refunds will be sent via 1®* Class Mail
Handheld Ticket Writer / Printer Pricing - Optional
Data Ticket has provided the following handheld unit pricing for Three Year Lease options as well as Purchase Price options. If the City prefers to purchase the handhelds and printers outright, we would be more than happy to provide the associated costs. Each of the three handheld unit options will meet the needs of the City.
Single Piece Handheld Ticket Writer / Printer Pricing
item N5 Print
3 Year Lease
Price $100.00/per month
Purchase Price $2,650.00
02/25/2019 B-4 CO Agreement No. 2019-28
DATAB
TICKET'"
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
City of Camarillo - Parking and Administrative Citation Processing Fee Schedule Two Piece Handheld Ticket Writer Pricing
Item S9 Plus or Similar
Device Samsung Tab S3
3 Year Lease
Price $41.00 / per month $42.00 / per month
Purchase Price $1,035.00 $1,050.00
AND
Two Piece Handheld Printer Pricing
Item TSC 3 Printer Zebra 4"
ZQ520 Printer
3 Year Lease
Price $12.00 / per
month
$34.00 / per
month
Purchase Price $300.00 $1,000.00
Handheld Software License Fee $500.00 per unit per year, 1^^ year only $150.00 per unit per year, 2"^ and subsequent years
This fee is for the software application and all enhancements.
Support and Maintenance $25.00 per month per unit
Support and Maintenance includes phone support M-F (7:30 a.m. to 5:00 p.m.) and remote repair and updates. For units purchased through Data Ticket, full repair or replacement of any units which fail to perform are covered in this charge. There is no deductible.
Otterbox Case (For Samsung S8+ and Tablets)
Printer Strap Case (For the TSC 3 Printer)
$75.00
$80.00
02/25/2019 B-5 CO Agreement No. 2019-28
^ 2603 Main Street, Suite 300
Irvine, CA 92614
ilX;. 949 428-7241 - Phone
[email protected]
City of Camarillo- Parking and Administrative Citation Processing Fee Schedule Training $800.00
Onsite training at the City's preferred location will be provided both the handheld ticket writer training and the system training. Training typically takes place over the course of a few hours and will be customized to meet the City's requirements.
Ticket Stock To be Quoted based on Quantity
Ticket stock pricing may vary depending on the quantity, coloring, artwork, and set up fee if applicable. We would be happy to supply pricing upon request.
Wireless Services Actual Cost
If the City elects to utilize a wireless cell plan by which to transmit citations, Data Ticket will pass the cost of the cell plan directly from the wireless vendor. 02/25/2019 B-6 CC Agreement No. 2019-28
EXHIBIT C
INSUI^NCE
1. Required Insurance. Before commencing any services, Consultant must procure and maintain in full force and effect during the term of this Agreement the following types of insurance with at least the minimum coverage listed and subject to the applicable additional requirements set forth below:
Tvpe of Insurance Limits fcombined singled
Commercial General Liability $1,000,000 / $2,000,000 aggregate Business Automobile Liability . $1,000,000
Workers' Compensation Statutory
2. Insurance Rating. All Insurance required to be maintained by Consultant must be Issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A- or better and Financial Size Category Class VII or better by the latest edition of A.M. Best's Key Rating Guide, unless otherwise approved by City's legal counsel.
3. Commercial General Liability insurance. The commercial general liability insurance must meet or exceed the requirements of Insurance Services Office (ISO) form CG 00 01, and must be provided on a per occurrence basis for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. The insurance must be on an "occurrence" not a "claims made" basis. Defense costs must be paid in addition to limits. There must be no cross- liability exclusion for claims or suits by one insured against another. The insurance must include a waiver of subrogation applicable to the insurance or self-insurance, a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City, its officers, employees and agents, and volunteers. Any endorsement restricting standard ISO "insured contract" language will not be accepted. ^
4. Business Automobile Insurance. The business automobile insurance coverage must be at least as broad as ISO Business Auto Coverage form CA 00 01, covering bodily Injury and property damage for all activities of the Consultant arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, jn an amount stated above per combined single limit for each accident. Such insurance must include both a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non- contributory endorsement, both in favor of the City, its officers, employees, agents, and volunteers.
5. Workers' Compensation. If Consultant has any employees, Consultant must maintain workers' compensation insurance (statutory limits) and employer's liability insurance (with limits of at least $1,000,000). Such insurance must include a waiver of subrogation endorsement in favor of City, Its officers, employees, agents, and volunteers.
6. Umbrella or Excess Liability Insurance. If an excess or umbrella liability policy is used to meet minimum limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella or excess liability policy must include a "drop-down provision" requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. Coverage must be provided on a "pay-on-behalf basis, with defense costs payable in addition to policy limits. There may be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. The policy must "follow form" to the underlying primary policy.
Coverage must be applicable to all insureds under the primary policies. The insurance must contain or be endorsed to contain a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non-contributory endorsement for the benefit of City. The scope of coverage provided is subject to approval of City foliowing receipt of the required proof of insurance. Limits are subject to review, but in no event may be iess than $4,000,000 per occurrence and aggregate.
C-1 CC Agreement No. 2Q19-28
7. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions applicable to the insurance poiicies required under this Agreement must be deciared to and approved by City, in no event may any required insurance policy have a deductibie, self-insured retention or other similar policy provision in excess of $50,000 without prior written approval by City in its sole discretion. At the option of City, either the insurer will reduce or eliminate such deductibles or self-insured retentions with respect to the City's additional insureds or Consultant will procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self- insured retentions.
8. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Poiicies.
Prior to commencing any services under this Agreement, Consultant must file with the City certificates of insurance and endorsements evidencing the existence of ail Insurance required by this Agreement, along with such other evidence of insurance or certified copies of poiicies as may reasonably be required by City. These certificates of insurance and endorsements must be in a form approved by the City's legal counsel. Consultant must maintain current certificates and endorsements on file with City during the term of this Agreement reflecting the existence of ail required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination or cancellation of the required coverage, will be effective except upon 30 days' prior written notice to City by certified mail, return receipt requested (except for nonpayment for which a 10-day notice is required). The delivery to City of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City's right to require compliance, in the event that Consultant's poiicies are materiaiiy changed. Consultant must provide the City with at least 30 days' prior written notice of the applicable changes. City reserves the right to require complete, certified copies of all required insurance policies at any time.
9. Failure to Maintain Required Insurance, if Consultant, for any reason, fails to have in place at ail times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant's expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement.
10. Effect of Coverage. The existence of the required Insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant's indemnity obligations under this Agreement. Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in ail sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
11. Required insurance for Subconsuitants/Subcontractors. Consultant agrees to ensure that any subconsuitants/subcontractors providing services under this Agreement provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to review and monitor all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
12. Right to Revise insurance Specifications. City reserves the right to change the amounts and types of insurance required by giving Consultant at least 90 days advance written notice of such change.
If such change results in substantial additional cost to Consultant, the parties may renegotiate Consultant's compensation.
13. Timely Notice of Claims. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance poiicies.
C-2 CO Agreement No. 2019-28