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HomeMy WebLinkAbout_ Contract - Data Ticket.pdf4600 Campus Drive, Suite 200DATAMNewportBeach, CA 92660 TICKET 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax WeminaCa?DataTicket,com Scope of Service and Performance Agreement These services are provided by: Data Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 92660 hereinafter sometimes referred to as "COMPANY") FOR: THE CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 hereinafter sometimes referred to as "AGENCY"), Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to the City of Diamond Bar municipal code; for the issuance of parking citations pursuant to the laws of the State of California; and, other debts owed the Agency as designated by the Agency. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process citations from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY. 1.2 Determination of Processable Citations: COMPANY shall screen each citation referred to it by the AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY for clarification. COMPANY 1 — 4600 Campus Drive, Suite 200DATAMNewportBeach, CA 92660 TICKET inc. 949 762 6937 (x) 310 - Phone 949-762-6033 - Fax MFleming DataTicket.com will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable. 1.3 Collection and deposit of funds: A direct deposit system shall be employed for all funds received for payment of citations. The AGENCY shall have the choice of jointly owning a bank account with the COMPANY or directing the COMPANY to deposit into an AGENCY account. Deposits shall be made directly into the account by the COMPANY for the collecting AGENCY, with the exception of credit card payments made using VISA, MasterCard and Discover cards belonging to the COMPANY. These payments will be directly deposited into an account held by the COMPANY. Credit card payments are reconciled and remitted on a monthly basis to the AGENCY, but tracked on the citation management software on a daily basis. Citations paid by credit card are marked "paid" real-time immediately upon authorization, thus affording the citee the opportunity to make payment at any time and have the payment recognized immediately. 1.4 PAYMENT: If the COMPANY deposits into an AGENCY account, the COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty 30) days after which interest shall be accrued at the rate of 6% (or lower if any statutes, rules or regulations prohibit this rate). If the COMPANY deposits into an escrow account held jointly between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following the banking activity, disperse all revenue due the AGENCY, the COMPANY, any tax liability and all refunds and send all supporting documentation to the AGENCY for its records. 6 iIdentificationofRegistered Vehicle Owners: COMPANY shall exert best efforts tois ......... ....._ obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles (DMV) and DMV'S nationwide, for each vehicle for which a parking citation has been issued. COMPANY shall follow all procedures specified by the DMV, and be consistent with the California Vehicle Code and DMV'S nationwide, when identifying registered vehicle owners. 6 Verification of Ownership: COMPANY shall take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes, license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific 2— DATA 0 TICKET"" time periods applicable to individual cases. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 762 6937 (x) 310 - Phone 949-762-6033 - Fax MFleminglQQataTicket.com 1.7 Delinquency Notices for Administrative Citations: In accordance with AGENCY ordinance, delinquency notices will be sent to citees who are not in compliance and have not paid the fines in full. These notices will indicate future actions to be taken in order to collect the fines owed the Agency. 1.8 Franchise Tax Board Interface: The Franchise Tax Board Interagency Intercept Program will be used as the next collection step in the process. A notice merging all debts owed the AGENCY will be sent to the citee showing the total amount due the AGENCY for Administrative and/or Parking Citations and demanding payment. If payment is not received in full, social security numbers will be attached to each debt and the debt will be placed with the Franchise Tax Board for collections. 1.9 Delinquency Notices_ for__ Parking Citations: In accordance with State law, COMPANY will generate and mail (presorted, first-class postage) a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the California Vehicle Code, including, but not limited to, the following: A. The parking citation issuance date and number; B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for their arrest; and C. The amount of fines and fees due and payable D. Affidavit of Non -Ownership 1.10 Registration Holds. The COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law. Removal_of Registration Holds: COMPANY will provide the system andn procedures and will interface with the California State Department of Motor Vehicles to 3— 4600 Campus Drive, Suite 200DATA0NewportBeach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-762-6033 - Fax WlerninA(_©ataTicket.com remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.12 Contested Citations: In the event a vehicle registered owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the reviewing agency, hearing administrator or Court within the prescribed time period so that the matter can be adjudicated. (CVC 40200.7 & 40215 or Municipal Code). 1.13 Administrative Review and Hearing: The COMPANY may schedule administrative reviews/hearings to respond to citees wishing to contest their citations and offers the option to perform and administer those reviews and hearings. The COMPANY will provide a web site for appeal and toll -free numbers for contestants, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as required. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay the $25.00 court -filing fee if the review and administrative hearing decisions are overturned by the court. 1.14 Citations Disposed of by Hearin 1Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellation of parking citations as a result of review/hearing/court action. Citations that are dismissed as a result of review/hearing/court decision will have the dismissal processed by the COMPANY promptly after receipt from the rev iewlhearing /court. 1. 15 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY. DATA TICKET"' 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 762 6937 (x) 310 - Phone 949-762-6033 - Fax MFleming@DataTicket.com 1.16 Payments by U.S. Mail: It is the citee's responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due. 1.17 Citation System Master File Update: COMPANY will regularly update the citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE 11 - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for a minimum of two (2) years for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: Regular Payments" are citations with the correct amount due, paid on or before the due date. This includes payments properly complying with the first Courtesy Notice. Partial Payments" are citations paid after the due date or those where payment is less than the total amount of due. . Appeal Requests" including payment are all requests for administrative/court hearings. These requests are sorted so that the payment submitted is immediately posted, an appeal hold is placed on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY and may be forwarded to the AGENCY for proper follow-up. 2.4 Batching Procedures: COMPANY shall maintain effective procedures of internal 5— 4600 Campus Drive, Suite 200DATA0NewportBeach, CA 92660 T KET inc. 949 762 6937 (x) 310 - Phone 949-762-6033 - Fax 1V1FIem1ng0_DataT1cket.corn control, Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of two (2) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in duplicate, allowing one (1) copy for the bank and one (1) copy for the COMPANY. If the bank account is held jointly, COMPANY shall perform all reconciliation, refunds and cut all checks. This information shall be available for AGENCY review. Deposits shall be directly deposited into the AGENCY'S designated bank account, either jointly held with the COMPANY or individually held by the AGENCY. if the AGENCY holds the account individually, it will supply deposit slips and an endorsement stamp to COMPANY. In this case, COMPANY shall only have the capability to make deposits on behalf of the AGENCY. 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the AGENCY'S responsibility to the County for the Jail and Court fund as required by Sections 40200.3 a) of the California Vehicle Code and any other relevant taxes due. ARTICLE III — WEB SITE 3.1 Citation_ Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations and information relating to changes in status. 3.2 Citee Web Site Access: When the AGENCY has web site access, citees who receive citations will be able to access the web site to review their individual citations, pay on-line and appeal online. DATA TICKETilic'. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949-762-6033 - Fax MFlemina(a.DataTicket.com 3.3 Web Site Interaction: The web site may be "view only" or "interactive", for the AGENCY depending on requirements of the AGENCY. 3A Web Site Reports: Web site reports are available to the AGENCY on a daily, (24/7) schedule. 3.5 Web Site Use: User It's and passwords will be assigned to the AGENCY. ARTICLE IV - GENERAL 4.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non -judicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination. 4.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval. 4.3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law. 4.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. 4.5 Ownership: All reports, information, and data, including but not limited to computer tapes, discs, or files furnished or prepared by the COMPANY or its subcontractor collectively the "Materials") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or 7— DATA 0 TICKET"" title to said Systems. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 762 6937 (x) 310 - Phone 949-752-6033 - Fax Wlemin DataTicket.com 4.6 Property of AGENCY_: All documents, records, discs, files and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return same promptly to AGENCY no later than sixty (60) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of any open invoices and the cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S designated point of delivery. 4.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the AGENCY'S employees information contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that information contained in the data that was marked in writing as CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 4.8 herein below. The AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA, which is related to its business, and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 4.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organization who are reasonably necessary to properly effectuate the terms and conditions of this agreement. This Non -Disclosure obligation shall survive the Termination of this Agreement. 4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 4.10 Storage for AGENCY: DATAN TICKET"" A. COMPANY agrees to store original two (2) years, at which time they shredded. COMPANY will have 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949-762-6033 - Fax WleminAoDataTicket.com citations for the current year, plus will be returned or to AGENCY or such information available on the citation management system for a reasonable time period to permit AGENCY retrieval of such information. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return a file containing all data belonging to the AGENCY. ARTICLE V -- ADDITIONAL SERVICES 5.1 Other Collections: COMPANY shall retain a percent of payments for delinquent citations that have been processed in accordance with the current Agreement, and meet the following criteria: A. Delinquent parking citations: those citations so designated by the AGENCY, for which the California State Department of Motor Vehicles registration hold has been placed or dropped because of a transfer of ownership or non -renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete. B. Citations with out-of-state license plates that have gone through the first courtesy notice process without payment. C. Any other problem or special citations that the AGENCY so designates and refers to COMPANY under this Agreement. 5.2 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect. ARTICLE VI - REPORTS 6.1 Periodic Reports: COMPANY will submit reports to AGENCY the month following the month in which activity has been reported. The reports will track activities relating to M 4600 Campus Drive, Suite 200DATA0NewportBeach, CA 92660 TICKET Illf). 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming&DataTicket.com performance under this Agreement. Among the reports which COMPANY may/will generate are the following: A. Report of Revenue Collected for Period B. Report for Citations Issued for Period C. A balanced summary report for issuing AGENCY providing the status of all citations at the beginning of the period, current period activity, and at the end of the period. D. A report for issuing AGENCY identifying registered vehicle owners with five (5) or more outstanding parking citations. E. A report for issuing AGENCY identifying the citations issued, location, violation by each officer. 6.2 Annual Reports: Annually, COMPANY shall comply with CVC 40200.3 (b) 6.3 Compliance with Laws; COMPANY shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. ARTICLE VII - TERM OF CONTRACT AND ADDITIONAL SERVICES 7.1 Term and Renewals: This Agreement shall be for an initial period of three (3) years, commencing as of the last date of signature, unless notice of termination is made in writing by either party to the other no less than sixty (60) days prior to the end of the scheduled term. This Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with this automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY has thirty days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 7.2 Cancellation: Upon a material breach the AGENCY may cancel or terminate this Agreement. The COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by AGENCY. Wom DATA IN4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 762 6937 (x) 310 - Phone 949-752-6033 - Fax Wlerningp_DataTicket.com 7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations referred to above. AGENCY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement. ARTICLE Vill - COMPENSATION 8.1 Fees: Compensation for the services provided pursuant to this Agreement shall be as set forth in Exhibits A and B attached hereto and incorporated herein by reference. ARTICLE IX - CLAIMS AND ACTIONS 9.1 AGENCY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within ten (10) days, of said claim or action. 9.2 Hold Harmless: COMPANY AND AGENCY agree to the following hold harmless clauses. A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with, the performance by COMPANY or AGENCY or any of their officers, employees, or agents under this AGREEMENT, excepting only loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend, and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs, and liabilities for loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of, or in connection with, the performance by AGENCY or any of its officers or employees under this AGREEMENT. 9.3 Conflict of Interest: COMPANY covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be 4600 Campus Drive, Suite 200DATANNewportBeach, CA 92660 TICKET inc. 949 762 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming@DataTicket,com performed by COMPANY under this Agreement, or which would conflict in any manner with the performance of its services hereunder. COMPANY further convenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, COMPANY shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 9.4 Non -Discrimination and Equal Employment Opportunity: COMPANY shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE X - SUBCONTRACTORS AND ASSIGNMENTS 10.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by law at COMPANY'S own expense, subcontractors shall be deemed agents of COMPANY. 10.2 Assignments: This contract may not be assigned without the prior written consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this agreement. ARTICLE X1 - INDEPENDENT COMPANY 11.1 COMPANY'S Relationship: COMPANY'S relationship to AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY 12— 4600 Carpus Drive, Suite 200DATA0NewportBeach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFIem Ing0_Data_`fIcket.corn shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights. ARTICLE Xll - INSURANCE 12.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be canceled, reduced in coverage or limits or non -renewed except after thirty (30) days written notice has been given to the AGENCY. A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than two million ($2,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self -insured retention maintained by the AGENCY its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy. S) Comprehensive automobile liability owned, non -owned and hired vehicles with not less than one million ($1,000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above. C) Throughout the period of Agreement, COMPANY, at its sole cost, shall maintain in full force and affect a policy of workers' compensation insurance covering all of its employees as required by the labor code of the State of California. 13— DATA 0 TICKET111c. ARTICLE X111— ENTIRE AGREEMENT 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFieming.ODataTicket.com 13.1 integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties. 13.2 Law_ Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 13.3 Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event that parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 13.4 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following: AS TO THE AGENCY: THE CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91766 14— 4600 Campus Drive, Suite 200DATA0NewportBeach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax Wlemin€ ,&DataTicket.com AS TO THE COMPANY: DATA TICKET, INC. A California Corporation 4600 CAMPUS DRIVE, STE 200 NEWPORT BEACH, CALIFORNIA 92660 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year fast written below. AGENCY: THE CITY M ND BAR signature Jdmes DeSteanoCity Manager Print Name and Title Date COMPANY: F Date 15— DATA. TICKET'"`' 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax Flem i ng&DataTicketacom City of Diamond Bar Code Enforcement Services Processing Proposal EXHIBIT A Manual Administrative Citation Processing: $22.00* Electronic Administrative Citation Processing: $17.00** Services for the above -mentioned items includes: Citation entry into Data Ticket's Citation Management System Keying of responsible party information into the Citation Management System Payment processing of checks, cash, money orders, and credit / debit cards In -mouse, bi-lingual Customer Service staff Call recording of all inbound and outbound customer service calls Interactive Voice Response System available 24/7 Semi -custom I" Notice of Delinquency to be sent to the responsible party In addition to the 15t Notice of Delinquency, two additional notices will be sent to the responsible party, at a time frame to be defined by the City Notices will include a return envelope in which the responsible party may submit payment Notices will be sent via 1st Class Mail, for which Data Ticket will be responsible All adjudication services, including placing citations on a hearing hold, scheduling each hearing, and sending a scheduling letter to the Appellant Custom judgment letter will be sent to the Appellant via Certified Mail All letters will be available on the web for City personnel to view and/or re- print at anytime If the City were to opt to use both Parking and Administrative Citation processing services, the fee for manual administrative citation processing will be 19.00 Electronic File Transmission Administrative Hearings $86.00 per hour Data Ticket's independent, certified, insured hearing officers will be provided to the City 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 City, citee and Data Ticket. Hearings will be scheduled at 2 citations per hour The City will not incur any costs associated with mileage or postage Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 DATA TICKET'" 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax FiegrningADataTickei.corn City of Diamond Bar Code Enforcement Services Processing Proposal Data Ticket will work with the City to arrange for the use of a conference room at a City location or the City may elect to have citations heard at a centralized location within the County Franchise Tax Board Processing SSN Look -up $3.00 per SSN This fee will be assessed to lookup a social security number associated with a particular responsible party and address. 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. Third Party Collections Legal Action Not Required 30% of revenue collected This fee is charged if a citation is paid at the Third Party Collections. This charge is not combined with any other charge. For example if a citation is rolled to delinquent status and paid at Third Party Collections, only the 30% of revenue collected will be charged Joint Banking Account Services $50.00 per month Services for the above -mentioned item includes: 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 chargebacks and Insufficient Funds Month -end reconciliation of all funds collected Disbursement of County I State Surcharges at month -end Payment of Data Ticket's invoice Disbursement of the net remittance to the City Refunds $5.00 per issued refund Issuance of all refunds to citee who are due a refund via Vt Class Mail Conversion: $0.00 Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 DATA 8 TICKET"" 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax MFlemjn @PataTicket.corn City of Diamond Bar Code Enforcement Services Processing Proposal Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this Online Access: Services for the above -mentioned item includes: 0.00 Access via the Internet for the City's citees and visitors to perform as many functions as the City desires. Other: A convenience fee will be assessed to the citee in the event they choose to pay online or via the IVR or phone An administrative fee will be assessed to citees who wish to participate in a payment plan will be available to citees. This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the citee confirming the details of the payment plan. FEES CHARGED TO THE CITEE Credit/Debit Card Transaction Fee charged to Citee $3.50 Credit/Debit Card Chargeback Fee charged to Citee $30.00 Fee for Payment Plan Initiated by Citee $15.00 Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax MFlom 1ngp_DataTicket.com City of Diamond Bar Parking Citation Processing Services Proposal EXHIBIT B Manual Parking Citation Processing: $0.76 Electronic Parking Citation Processing: $0.66 Services for the above -mentioned items includes: Citation entry into Data Ticket's Citation Management System Registered owner information for all citations issued on California license plates Registered owner information for all citations issued on out of state license plates Payment processing of checks, cash, money orders, and credit / debit cards In- house, bi-lingual Customer Service staff Call recording of all inbound and outbound customer service calls Interactive Voice Response System available 24/7 California DMV Holds and Release performed daily Courtesy Notice (Required by DMV): $0.75 Services for the above -mentioned item includes. Semi - custom Courtesy Notice to be sent to the registered owner of a vehicle Notices will be sent via 1st Class Mail Notices will include a return envelope in which the responsible party may submit payment If the USPS increases the postal rate, this fee will increase by the amount increased by the USPS Out - of -State Collections: 28% of revenue collected This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid This fee is not combined with any other collections charge. For example if a citation is rolled to a delinquent status, only 28% of revenue collected will be charged Delinquent Collections: 30% 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 In addition to the Courtesy Notice, three additional notices will be sent to the registered owner Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 762 6033 Newport Beach, CA 92660 DATA 0 TICKET"` 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax MFlom inq(?tDataiicket.com City of Diamond Bar Parking Citation Processing Services Proposal Notices will be sent via Vt Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing SSN Look -up $3.00 per SSN This fee will be assessed to lookup a social security number associated with a particular registered owner and address. This charge is charged per unique SSN, not per citation FTB Collections 1 S% 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. Third Party Collections Legal Action Not Required 30% of revenue collected This fee is charged if a citation is paid at the Third Party Collections. This charge is not combined with any other charge. For example if a citation is rolled to delinquent status and paid at Third Party Collections, only the 30% of revenue collected will be charged Adjudication: 15t Level Reviews Hold & Judgment $1.50 Data Ticket will place each citation on a Review Mold, review the documentation provided by the Appellant, and enter a judgment into the citation management system. Vt and 2"d Level Disposition and Scheduling Letters $0.75 Data Ticket will send a custom judgment letter to the Appellant via Vt Class Mail Data Ticket will send a hearing schedule letter for all phone and in -person hearings All letters will be available on the web for City personnel to view and/or re- print at anytime 2" d Level Hearings $42.50 per hearing Data Ticket's independent, certified, insured hearing officers will be provided to the City to perform in -person, phone, and written hearings Prone_ 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-752-6937 ext. 310 949-752-6033 — Fax MPleming@DataTicket.com City of Diamond Bar Parking Citation Processing Services Proposal 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 City, citizen and Data Ticket The City will not incur any costs associated with mileage or postage Data Ticket will work with the City to arrange for the use of a conference room at a City location or the City may elect to have citations heard at a centralized location within the County Joint Banking Account Services $50.00 per month Services for the above -mentioned item includes: 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 chargebacks and Insufficient Funds Month -end reconciliation of all funds collected Disbursement of County l State Surcharges at month -end Payment of Data Ticket's invoice Disbursement of the net remittance to the City Refunds $6.00 per issued refund 6 Issuance of all refunds to citizen who are due a refund via 1st Class Mail Conversion: $0.00 Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this Online Access: $0.00 Services for the above -mentioned item includes: Access via the Internet for the City's citizens and visitors to perform the following functions: View citation specific information Pay via Visa, MasterCard, Discover, and American Express Print a receipt for payment processed Request an Administrative Review online Ability to attach supporting documentation to an Administrative Review Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax.- 949 752 6033 Newport Beach, CA 92660 4600 Campus Drive Suite 200 Newport Beach, CA 92660 949-762-6937 ext. 310 949-752-6033 — Fax MF1em1n9&DataT'icket.com City of Diamond Bar Parking Citation Processing Services Proposal Request a Hearing online Ability to attach supporting documentation to a Hearing Get general information regarding the citation and adjudication processes Access via the Internet for the City's personnel to perform the following functions: View citation specific information Process payments via cash, money order, or credit / debit cards Process refunds issued by the City Process insufficient funds checks Reduce, dismiss, void, and place citations on hold Manage the adjudication process, including the ability to enter judgments on citations Generate, view and print and save month -end and real-time reports Add a citation specific note Review citation specific notes entered by Data Ticket's customer service staff Fees Charged to the Patron: Credit/Debit Card Transaction Fee charged to patron Credit/Debit Card Chargeback Fee charged to the patron Fee for Payment Plan Initiated by Patron Subject to adjustment by Credit Card Processing Company 3.50* 30.00 15.00 Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660