PROFESSIONAL SERVICES AGREEMENT
[Parking Permit & Citation Processing Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a munic ipal corporation (“City”), and DATA TICKET, INC., a California corporation ("Consultant"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reason ably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regula tions and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Lieutenant Mike Monjaraz (the “City’s Project Manager”), shall b e the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager.
2. Compensation and Fees.
This is a self -funded revenue neutral agreement. No separate compensation is required.
Compensation will be paid as described in Section 3. Fees and costs are further described in Exhibit “A.”
3. Payment.
a. City and Contractor shall operate a joint/escrow account to establish the management of revenue and expenditures related to the Agreement. The account will be reconciled on a monthly basis with net proceeds paid to the City.
b. Allowable expenditures from this account may include Contractor’s data citation processing fee, regulated vehicle fees paid to the County of Orange, bank processing fees, 2 miscellaneous refunds/NSF fees and other expenditures as approved in advance by the City’s Project Manager.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by the City as an amendment to this Agreement. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by w hich Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contracto r shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority , express or implied, to bind City to any obligation whatsoever.
8. Designated Persons . Except as otherwise authorized by the City’s Project Manager, only those persons designated in the Scope of Services, if any, shall perform work provided for under t his Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such a ssignment or subcontracting may be approved by the City Manager or his designee. 3 10. Reserved.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays that are caused by the City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement.
14. Products of Contractor . The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, nati onal origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foreg oing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
4 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to t he extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any th ird party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
5 18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($ 1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the fo llowing minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bod ily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applica ble to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum covera ge required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, 6 evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be is sued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.
19. Term and Termination.
a. Term. Except as otherwise provided herein, this Agreement shall remain in effect unless terminated by the City as provided below, for a term commencing on July 1, 2022 and ending on June 30, 202 5. This agreement shall automatically renew for additional one -year periods at the conclusion of the scheduled term.
b. Termination. The City may for any reason terminate this Agreement by giving the Contractor not less than ninety (90) days’ written notice of intent to terminate. Upon receipt of such notice, the Contractor shall immediately cease work, unless the notice from the City provides otherwise. Upon the termination of this Agreement, Contractor shall within ninety (90) days reconcile the Account and remit to City all remaining funds. The City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the 7 “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized represent atives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times duri ng the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. 8 e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub -consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arisin g under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein, all not ices required under this Agreement shall be in writing and delivered personally, by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Data Ticket, Inc. City of Orange
2603 Main Street, Suite 300 300 E. Chapman Avenue
Irvine, CA 92614 Orange, CA 92866-1591
Attn.: Brook Westcott Attn.: Lieutenant Mike Monjaraz
Telephone No.: 949-752-6937, ext. 337 Telephone No.: 714-744-7468 E-Mail Address: [email protected] E-Mail Address: [email protected] 9 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
DATA TICKET, INC., a California corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 10 EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
Cost Proposal:
To provide complete transparency into the seNices Data Ticket offers and the costs associated with those services, we have provided a detailed description on the following pages of each service proposed.
Below and on the following pages we have provided a detailed description of the services offered by Data Ticket. Some of these services are marked as "Optional" as the City may choose to use them or not.
lnitial Setup Costs $0.00
Manual Parking Citation Processing: $0.50
Services for the abovementioned items include:
. On-site data entry of manually written citations performed within 48 hours of receipt . On-site quality assurance verification of manually entered citations . Scanning of all manually written citations onto our network for storage and ease of retrieval
. Bi-monthly shredding of manually written citations
Electronic Parking Citauon Processing: $0.40
Servrces for lhe above-mentioned items include:
. Automated citation transmission into Data Ticket's Citation Management Solution 24n
r Automated confirmation email detailing successfully transmitted citations . Automated transmission of photos atlached to citations Courtesy Notice: $0'75
Services for the above-mentioned ilem include:
. Semi-custom Courtesy Notice that is printed on aa I y. x 1 1" piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the registered owner of a vehicle
. All notices are attached to the citation online and are viewable via the web . All notices sent via lsrClass Mail
. All notices include a return envelope in which the responsible party may submit payment
. This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual as a result
Data Ticket, lnc.
Newport Beach, CA
O: 949 752-6937; F: 949 752€033
City of Orange
Request for Proposals
Parking Permit and Citation Processing Services
Out-of-State Collections: 23% of revenue collected
. This fee will cover 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 and we are currently utilizing the City's and our ORI
. This fie is not combined with any other contingency fee. For example' if a citation is rolled to a delinquent status, only 23% of revenue collected will be charged . lf Data Ticket does not collect on a citation that is issued to an out of state plate, the City does not owe this fee.
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Delinquent Collections (Optional): 23% of revenue collected . This fee will be assessed when a citation is ninety (90) days past the citation issue date, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason
. Three 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 I Tz x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
r All notices are attached to the citation online and are viewable via the web . lf Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee
. Notices will be sent via 1't Class Mail, and Data Ticket will be responsible for the cost incurred and all customer service and payment entry
. lf the City prefers to continue with its current processing timeline and not use Delinquent Collections, we have provided a cost of $0.72 per notice for each 2nd notice sent.
Franchise Tax Board Processing
SSN Look-up: $2.00 Per SSN
. This fee will be assessed to lookup a social security number associated with a particular registered owner and address
o This charge is charged per unique SSN, not per citation FTB Collections: 15% of revenue collected
. This fee is charged if a citation is paid at the Franchise Tax Board . This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged
o Data Ticket will send an FTB Notice to the Customer as required by the lnteragency lntercept Program; this notice will be sent via 16t Class Mail and will be sent at no cost to the CitY
o All notices are attached to the citation online and are viewable via the web o Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; thl Agency will simpty provide this invoice to Data Ticket and Data Ticket will pay it in full
. lf Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
Data Ticket, lnc.
Newport Beach, CA
O: 949 752-6937; F: 949 752-6033
City of Orange
Request for Proposals
Parking Permit and Citation Processing Services
Adjudication:
f J.ievet Hold & Scanning of Review Request (Optional) $0.50 per citation . Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe o lf the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the citation Management solution where it is displayed on the web for the Agency's Staff
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Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F; 949 752-6033 Parking Permit and Citation Processing Services lf the request is received outside the requlred timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letted rejecting the appeal Disposition and Schedule Letters $0.80 per letter
. Data Ticket will send a custom disposition letter to the Appellant via 1"t Class Mail . All letters are attached to the citation online and are viewable via the web 2nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation (Optional)
r Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe o lf the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the Agency's Staff and the Hearing Officer
. lf the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejeaing the appeal o Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency's schedule
2d Level Hearings Performed (Optional) $85.00 per hour
. Data Ticket's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written heanngs
. Each hearing request will be reviewed, heard or read and all required research will be performed
o The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
. Hearings will be scheduled
. The Agency will incur costs associaled 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 etect to have citations heard at a centralized location within the County
Joint / Escrow Banking Services (Optional) $100'00 per month Services for the above+nentioned item include:
. Daily deposits of funds to the Agency's escrow account oonline,real.timereconciliationreportsthattiedirectlytothebankStatement o Processing of all credit card charge-backs and lnsufficient Funds . Month-end reconciliation of all funds collected
. Disbursement of County / State Surcharges at month-end o Payment of Data Ticket s invoice
. Disbursement of the net remittance to the Agency
.Scanningofa|lpaymentsdirectlytojointbankaccountdailyusingremotecheck deposit
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Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services Credit Card Processing Fee $3.50 per transaction charged to the Citizen . This fee will be charged to the citizen when the citizen pays with a credit / debit card online, via the IVR Solution, via a Customer Service Representative or via a mail in credit / debit card option.
. No fee will be charged to the City
Seruices lncluded in the Above CosE:
Online Access for the Agency's Customers: lncluded
The Agency's Customers will have the ability to perform the following functions online:
. View reaFtime citation(s) data
o Pay for a single or many citation(s)
. Request a 1"t Level Administrative Review and attach up to three documents supporting their position
. Request a 2d Level Administrative Hearing Request and attach up to three documents supporting their position
o Print a receipt
. View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: lncluded
Access to the Agency',s data is based on unique usernames and passwords assigned to each individual who iequires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket' our solution is setup to maintain a complete audit trail for each and every transaction in the system, therefore, the username is displayed next to every transaclion in the system, indicating who performed the transaction and when.
Dependent on the access rights provided to each Agency staff member, the following capabilities are available:
o View real-time citation(s) data, including pictures taken by the lssuing Officer o Accept payment via VlsA, Mastercard, Discover and American Express crediudebit cards
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. The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year charge-backs and NSF's (Optional) ${.25 per issued instance o Data Ticket will process credit card charge-backs and NSFs when notified ofeach 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) $3.50 per issued instance
. Data Ticket will process refunds when notified by the Agency o ln the event the Agency 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 l"tClass Mail
Data Ticket, lnc. CitY of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937, F: 949 752-6033 Parking Permit and Citation Processing Services . Accept payment via Cash, Check or Money Order
. Process NSFs, Chargebacks and Refunds
. Reduce or increase violation amounts, dismiss citations, void citations and place citations on hold
. Change citation data, including vlolations, date, time, plate, location, comments, make, model, color, registration expiration date and others . Perform Administrative Reviews online by entering the disposition directly online . Generate a time expired or letter of non-responsibility for a citation in the adjudication process
. View the complete reason forthe Review Request and supporting documentatlon provided by the Appellant directly online
. Edit Appellant information
. Upload disposition documents sent to the Agency via US Mail . Add a note to a citation and see all comments added to the citation . View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online r Print a receipt with or without registered owner information Reporting: lncluded
. Data Ticket offers 24 reports online for our Clients to generate, print and re-print 24t7.Vtle provade reaFtime reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of dala.
. All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client.
. All reports are generated in HTML so our Clienls can copy and paste the data into Excel for data manipulation purposes.
. lf the Agency were to request a report that was not already available using the standard reports or report generator' Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. lllanual Payment Processing: lncluded
. Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are ieceived at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office o on-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
. After double-blind entry of each payment, the citations are updated by our Quality Assurance team
. payments are then provided to our Accounting Department where daily deposit slips arecompletedandprovidedtoabonded,insuredcourierwhotakesthemtothe bank
Registered Owner lnformation: lncluded
. hegistered owner information for all citations jssued on California license plates . Tui-raround time for acquisition of California registered owner information is same day
5lPage
Data Ticket, lnc. CitY of Orange
Newport Beach, CA Request for Proposals
O: gig 752-6937 i F: 949 752-6033 Parking Permit and Citation Processing Services o Registered owner information for all cilations issued on out of state license plates . Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide real-time through NLETs service . Access to this system requires the use of the City's ORI lor tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state RO data CA DMV Holds and Releases: lncluded
. California DMV Holds and Release performed daily via an online connection . Holds and releases can also be performed real{ime, upon request . Citation amounts placed on hold are updated daily in the event a partial payment is made
Customer Service: lncluded
. Data Ticket provides a live, bi-lingual, on-site Customer Servlce Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more . All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review
. Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
o The IVR accepts VISA, Masteroard, Discover, and American Express web Presence: lncluded
. Data Ticket's Solution is '100% web-based and Section 508 Compliant and is provided at: www.CitationProcessinacenter.com; this is a generic website in the sense that it is not ngenCy branded. This website allows for the Agency and the Agency's Customers to access citations online
. lfitre Agency prefers to have an Agency branded website, one in which the look an-d feei mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency.
Cost lncreases:
Postal Rate lncrease Offuet - lf postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
cPl lncreases - There wilt be NO CPI increases for the duration of the agreement' 6lPage
Data Ticket lnc. city of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services
PERMIT MANAGEMENT PRICING
Annual Software Fee $2,500.00
This fee includes the customization of the website for Customers to obtain and manage the permits, as well as any customization required for City Personnel to manage the permit pro An extensive design phase will be implemented to ensure the capture of all business rules utilized by the City.
Permit Fulfillment Fees - if Performed by Data 1 $1.75 per mailing This fee is only charged if Data Ticket Staff will fulfill permit requests. lf City Personnel will I permit requests, no fee is charged to the City.
Online / Digital Permit Fulfillment lncluded
For permits that are printed by the Customer via our web-based Solution, there will be no c to the City.
Renewal Letters $1.25 Per letter
ln the event the City wishes to send an annual renewal letter, Data Ticket will send this lett{ l"tClass Mail to all current permit holders-
Credit Card Processing Fee $3.50 per transaction charged to the Citizen This fee will be charged to the citizen when the citizen pays with a credit / debit card online, via the IVR Solution, via a Customer Service Representative or via a mail in credit / debit card option.
No fee will be charged to the CitY
Cost lncreases:
Postal Rate lncrease Offset - lf postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
cPl lncreases - lhere will be NO CPI increases for the duration of the agreement.
TlPage
Data Ticket, lnc. City of Orange
Newport Beach, CA Request for Proposals
O: 949 752-6937; F: 949 752-6033 Parking Permit and Citation Processing Services Detailed Android Pricing (Optional)
Data Ticket has provided the following handheld unit pricing for Three Year Lease Price option as well as a Purchase Pice Option-
Item Samsung Galaxy S or S8 Plus d TSC 3" Printef
3 Year Lease Price $54.00 / per month
Purchase Price
Samsung Galary S: $845.00 Per Unit
Samsung Galary S8 Plus: $957.00 per Unit
TSC 3" Printer: $282.00 Per Unit
Data Ticket will provide 3 samsung Galaxy S8 Plus Units and 3 TSC 3" Printers at no cost to the 6ity for use during the life of the contract ln addition, the cost of peripherals, including: sttap, case, charger, car charger and batteries is included in the Prices quoted above.
*These costs are erclusivc of tax
ANDHE Ltc AND SUP RT COST
Handheld Software License Fee $0.00 per unit per year, 1"t year only $0.00 per unit per year, 2nd and subsequent years
This fee is for the software application and all enhancements' Support $25'00 Per month Per unit
Suiiort includes full repair or replacement of any units which fail to perform.
There is no deductible charged.
Training No Charge
6nsite tiaining at the City's preferred location will be provided free of charge for Ootn tn" handield ticket wriier kaining 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 $1 ,81 1'00 plus tax and shipping
ii"r"i.i""r pricing inctudes 30,000 tickets that will be approximately 3'' x 7" and *irr'pr*ia" for g5 iitations per roll. This cost is inclusive of artwork and printer ."i,ip. ff,ii cost does not include shipping, which will be charged at the actual rate of the shipping from the vendor to Data Ticket'
Wireless Services Actual Cost
I i;;ait etects to utilize a wireless data plan by which to transmit citations, Data ii"rlt *irr pass the cost of the data plan directly from the wireless vendor.
SlPage
C,IryOFORANGE
ADDENDUN IO fHE PARKNG ACREE'IENT DATED AUCUST 8,2017
AS OF JANUARY 8,2O2O
AODENOUM TO THE AGREEMENT
BETI^,EEN
THE CITY OF ORANGE end DATA TICKET, lNC.
Thlr addendum to tha Agroernent between The Clty of Onngr (AGENCY) and Data Ticket, lnc. (CO{|;PANY) 13 to am.nd end lnclude the addltlott of AB t03 Servlcos/Fcee:
the denial.
lndlgent Payment Plan Letters 10.85 per letter
All oher terms and conditions of the Agreement remain as originally written' DATAT
TICKET,-'
ACCEPTED:
Citv of Onnoe
SignaturE
fa,E v.,.a-Cu,a€ A. .gzca1 A -r
Print NEme and Title
Acceplrnce end ScenninE of lndigont Payment Plan Requeats (Approval/Denlal by Agoncf) $2.00 per requeat
. This process includcs thc acceptancc ofdocumcntation via the wcb and US Mail, rcvicw ofthe documcnation, scanning ofall documcntation and anachment to th€ citatior to which it applies. Barcd on cach Agcncy's unique busincss ntles, thc Agency will cithcr acccpt or dcny eacb rcquest and then procccd to sctuP the payment plrn or issue a letter ofdcnial with a rcason for 2603 Maln Strcct, Su[e m0
lrvlnc, Calllomle 9261tl
94e-428.7241
www.ClirntSewlcrs,com
ACCEPTEO:
Data Tlcket lnc,
Signature
&p>aWrsL- *
Print Name and Tirle
l-E'2o
Date
Phone: 949'128-724 t
01/06i20mProprteEry and Confd€nti8l to Dtt! Tickel lnc
Date
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
WHEREAS. Oata Trcket, lnc desrres to grant slgnrng and authority to cenaln person(s) described hereunder
RESOLVEO. that the Board of Orrectors ls hereby authorized and approved to grant sole srgnrng and authority to conduct buslness lo any one of the followrng person(s) The loregoing signing, and authorlty granled shall include. but shall not be limited to' the executron of Deeds potYers of atlorney, lransters, asslgnments contracls' obligations, certificates, and other rnstruments of whatever nature entered rnto by this Corporation.
The undersrgned hereby certrfies that he rs the duly elected and qualifled Secretary and the custodian of the books and records and seal of Data Ticker' lnc ' a corporatDn duly formed pursuant to the laws of the state of Californla and thal the foregorng rs a lrue record of a resolutDn duly adopted at a meetrng of the Board ol Dlreclors and that sard meetrng was held in accordance wlth state law and the Bylaws of the above'named Corporahon November 13, 2006'and that sald resolulion rs norv in full lorce and effect w[hout modlfication or rescisslon
lNWTNEssWHEREoF.lhaveexeculedmynemeassecretaryoftheabove-named Corporation this November '13th ot 2006
A. Willhm Flemlm
Secretary
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
Brook westcott, Chief Operatrng Ofticsr and Chtef Financral Offlcer is hereby granted sole 619ning authority to conduct busrness on behalf of Data Ticket, lnc, lncluding but nol Imited to the execution of Deeds. po\ rers of attorney, transfers. assignments. conlracts, ob[gations, certificates. and other rnstruments of whatever nature entered anto by oata Ticket, lnc.
DATAI
TICKET*
2603 Main Street, Suite 300
lrvine, California 92614
949428-7241
www.ClientServices.com
CITY OF ORANGE
ADDENDUM TO THE AGREEMENT DATED AUGUST 8, 2017
CONTRACT
ADDENDUM TO THE AGREEMENT
BETWEEN
CITY OF ORANGE and DATA TICKET, lNC.
This addendum to the Agreement between City of Orange (AGENCY) and Data Ticket, lnc. (COMPANY) is to amend and extend the timeframe of the contract.
Terms and Renewals: This Agreement shall be for three (3) years commencing as of the date of July 1,2022. U nless notice of termination, is made in writing by either party to the other no less than ninety (90) days prior to the end of the scheduled term, this Agreement shall automatically renew for additional one (1) year periods. ln conjunction with the automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. lf the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term ofthe Agreement shall not be extended and the Agreement shall terminate.
Costs: Cost shall be charges as set forth in Exhibit A
Phone:949-428-7241
1012512021
Proprietary and Confidential to Data Ticket, lnc
DATAT
TICKET'.
2603 Main Street, Suite 300
lrvine, California 92614
949428-7241
www.ClientServices.com
CITY OF ORANGE
ADDENDUM TO THE AGREEMENT DATED AUGUST 8,2017
CONTRACT
All other terms and conditions of the Agreement remain as originally written.
ACCEPTED: ACCEPTED:
Citv of Oranqe Data Ticket. lnc.
Brook Westcott, COO
Print Name and Title Print Name and Title
Date
Phone:949-428-7241
1012512021Proprietary and Confidential to Data Ticket' lnc Date