HomeMy WebLinkAboutAGENDA REPORT 2023 1018 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 18, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider and Award Professional Services Agreement to Data Ticket, Inc. for
Citation Processing and Adjudication Services Related to Moorpark Animal Control
Code Violations. Staff Recommendation: Consider and Award Professional
Services Agreement for Citation Processing and Adjudication Services related to
Moorpark Animal Control Code Violations to Data Ticket, Inc. for an amount of
$15,000, plus a 10-percent contingency of $1,500, for a total not-to-exceed amount
of $16,500; and authorize the City Manager to sign the Agreement, subject to final
language approval of the City Manager. (Staff: Daniel Kim, City Engineer/Public
Works Director)
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 10/18/2023 Regular Meeting
SUBJECT: Consider and Award Professional Services Agreement to Data
Ticket, Inc. for Citation Processing and Adjudication Services
Related to Moorpark Animal Control Code Violations
BACKGROUND
On July 20, 2022, the City Council adopted Ordinance No. 504, repealing and replacing
in its entirety Title 6, Animal Regulations, of the Moorpark Municipal Code. The primary
purpose in updating and replacing Title 6 (Animal Regulations) was to provide
consistency with the changes to the County of Ventura (County) Ordinance pertaining to
municipal animal service functions, including the following:
• The County will no longer enforce animal related nuisances through an
administrative hearing process.
• Eliminates all previous animal nuisance definitions and nuisance hearing
processes and replaces them with a new process for determination of “potentially
dangerous and vicious dogs.”
With these enforcement changes, the City is relegated to enforcing animal nuisance
related issues, such as barking dogs, through the administrative citation process
because the County no longer provides nuisance related administrative hearings. The
City’s administrative citation process will be relied upon heavily to maintain effective
enforcement and compliance to the Animal Regulations.
Item: 10.B.
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DISCUSSION
The Public Works Department processes a variety of administrative citations, including
those related to the enforcement of Title 6, Animal Regulations, of the Municipal Code.
The current citation, enforcement, and compliance process is inefficient, staff labor
intensive, produces low cost-recovery, and does not offer a convenient method for
citizens to pay their fines or request an administrative review or hearing in a timely
manner. Greater efficiency, streamlined customer service, higher cost-recovery, and
compliance can be gained by outsourcing the processing and collections of
administrative citations. The goal of an effective enforcement and citation program for
Animal Regulations is to reduce complaints and nuisances, gain compliance, obtain a
higher rate of cost recovery, and maintain the health, safety, and wellness of the
general public.
A contractor that specializes in such services can provide the public with multiple,
convenient options to pay their citations via online, mail, or phone. Additionally, citation
respondents can speak with a customer service representative that is fully trained to
answer inquiries related to citation issuance, violations, payment, adjudication, proof of
compliance, advanced credit reporting, collections, payment plans, and more. Staff
reviewed the citation processing practices of other agencies, many of which outsource
this activity to companies specializing in citation processing to ensure citations are
processed and fines are collected in a timely manner.
Statistically, the City’s Animal Control staff issues approximately 55 administrative
citations per year, based on the last 15 years. The average fine associated with an
administrative citation, related to Animal Regulations, is $100. Additionally, Ventura
County Animal Services (VCAS) issues approximately 75 administrative citations, on
behalf of the City. Combined, the 130 administrative citations can amount to $13,000,
annually, assuming an average fine of $100.
Although an average of 130 citations are issued per year, staff estimates that only
approximately 25% of issued citations are paid and the remaining are either waived or
do not get paid at all. The current policy – which has been administered in concert with
the County in the past – lacks a streamlined process for collection of fines. Rather,
Section 6.36.050 of the Moorpark Municipal Code outlines a process where penalties
are assessed on a per day or per month basis until this fine is paid. In addition to this
being cumbersome for staff to manage, it is not cost effective for a collection agency to
take this work on for the City.
A citation process that does not have an effective collections or adjudication process
makes it difficult for staff to gain compliance when enforcing the Animal Regulations.
Generally, issuing administrative citations for violations is the last resort and measure
for staff to gain compliance. Without an effective collections and adjudication process
behind the issuance of citations, staff’s ability to gain compliance is challenging.
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In addition to reviewing other neighboring cities’ administrative citation process, staff
reached out to gain feedback on their experience and results working with companies
that specialize in citation processing. All of the agencies staff spoke to supported the
use of a specialized vendor to provide citation processing, administrative hearing, and
collections services. Many of the local agencies in the County are currently using Data
Ticket, Inc., including VCAS. Data Ticket, Inc., provides a full-service citation
processing service including 3rd party administrative hearing and citation adjudication
services. The latter two services are key to the City being able to collect the fines
associated with citations, with the goal to gain and maintain compliance to the Animal
Regulations.
Attached for the City Council’s consideration is a Professional Services Agreement with
Data Ticket, Inc. to provide administrative citation processing and adjudication services
for Animal Regulation.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
There is no fiscal impact for this action. The Fiscal Year 2023/24 Budget, Account No.
1000-441-P0001-51000 (Animal Reg – Contractual Services) contains sufficient funds
for administrative support services for Animal Program Management.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Consider and Award Professional Services Agreement for Citation Processing and
Adjudication Services related to Moorpark Animal Control Code Violations to Data
Ticket, Inc. for an amount of $15,000, plus a 10-percent contingency of $1,500, for a
total not-to-exceed amount of $16,500; and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager.
Attachment: Professional Services Agreement with Data Ticket, Inc.
263
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
DATA TICKET, INC., FOR
ADMINISTRATIVE CITATION PROCESSING AND ADJUDICATION SERVICES
THIS AGREEMENT, made and effective as of _____________________________________,
between the City of Moorpark, a municipal corporation (“City”) and Data Ticket, Inc., a
California corporation (“Consultant”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for administrative citation processing and
adjudication services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Scope of Services letter, which is
attached hereto as Exhibit C and a Cost Proposal letter, which is attached hereto as
Exhibit D.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2026,
unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide administrative citation and adjudication services, as set forth in
Exhibits C and D. In the event there is a conflict between the provisions of Exhibits C, D
and this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibits C and D.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibits C and D.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit D. Compensation shall not exceed the rates or contract value of
fifteen thousand dollars ($15,000), plus a contingency of one thousand five hundred
dollars ($1,500), for a total contract value of sixteen thousand five hundred dollars
($16,500), without a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions of this
Agreement.
ATTACHMENT
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Brook Westcott, Chief Operating Officer, and no other
individual may be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit D, based upon actual time
spent on the above tasks. This amount shall not exceed sixteen thousand five hundred
dollars ($16,500), which includes a contingency in the amount of one thousand five
hundred dollars ($1,500), for the total term of the Agreement unless additional payment
is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee.
If the City disputes any of Consultant’s fees or expenses, City shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have thirty (30) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
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records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subconsultants (or any
agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees
and costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part,
the performance of this Agreement by Consultant or by any individual or agency for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the performance
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of this Agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Consultant shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work
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Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
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17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Brook Westcott, Chief Operating Officer
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, CA 92614
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including attorneys’ fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
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26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK DATA TICKET, INC.
__________________________________ __________________________________
Troy Brown, City Manager Brook Westcott, Chief Operating Officer
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
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addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
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DATA TICKET, INC. Page 14 of 15
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 16,500______
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Data Ticket, Inc.
__________________________________
______________________
Brook Westcott, Chief Operating Officer Date
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Administrative Citation Scope of Services
ARTICLE I - CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and process citations/debts
from AGENCY. COMPANY will provide a reconciliation of the number of citations/debts
received from AGENCY.
1.2 Determination of Processable Citations/Debts: COMPANY shall screen each
citation/debt referred to it by the AGENCY to determine if the citation/debt is processable.
If the citation/debt is determined by COMPANY to be unprocessable (e.g., essential
processing information is missing), COMPANY shall contact the AGENCY for clarification.
COMPANY will be paid the contractual rate hereinafter provided, for citations/debts
properly corrected by the AGENCY.
1.3 Collection and deposit of funds: A direct deposit system shall be employed for all
funds received for payment of citations/debts. 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, Discover and American Express 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/debts paid by credit card are marked “paid” real-time immediately upon
authorization, thus affording the citizen the opportunity to make payment at any time and
have the payment recognized immediately.
1.4 PAYMENT: If the 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 statutes, rules or
regulations prohibit this rate). If the COMPANY deposits into an 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
EXHIBIT C
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AGENCY for its records.
1.5 Delinquency Notices for Administrative Citations/Debts: In accordance with AGENCY
ordinance, delinquency notices will be sent to patrons who are not in compliance and
have not paid the fines in full. These notices will indicate future actions to be taken in
order to collect the fines owed the Agency.
1.6 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 patron showing the total amount due the
AGENCY for Administrative Citations/Debts and demanding payment. If payment is not
received in full, social security numbers will be attached to each debt and the debt will be
placed with the Franchise Tax Board for collections.
1.7 Administrative Review and Hearing: The COMPANY or the AGENCY may schedule
administrative hearings to respond to patrons wishing to contest their citations and offers
the option to perform and administer those hearings. The COMPANY will provide a web
site for appeal and toll-free numbers for appellants. The COMPANY or the AGENCY will
correspond with appellants and notify them of decisions; maintain records of dispositions
and appeal paperwork and refer all paperwork to Court if required. The COMPANY shall
not be responsible for the AGENCY'S failure to provide correct or timely infraction
information. The AGENCY shall be responsible to pay the $25.00 court-filing fee if the
administrative hearing decisions are overturned by the court.
1.8 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result
of court action, to reduce or 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 administrative citations as a
result of review/hearing/court action. Citations that are dismissed as a result of
review/hearing/court decision will have the dismissal processed by the COMPANY
promptly after receipt from the review/hearing/court.
1.9 Suspension of Processing: COMPANY will suspend processing on any citation/debt
referred to it for processing upon written notice to do so by an authorized officer of the
AGENCY. COMPANY will promptly return any citation/debt or facsimile properly
requested by the AGENCY. COMPANY will maintain records indicating any suspension
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of citation/debt as a result of AGENCY'S request. COMPANY shall be paid the
contractual rate hereinafter provided for processing the citations/debts suspended by the
AGENCY.
1.10 Payments by U.S. Mail: It is the patron’s responsibility to ensure that payments
are received on or before the date due. The date received by the COMPANY will be the
criteria to establish any delinquent fees due.
1.11 Citation System Master File Update: COMPANY will regularly update the
citation/debt master file for new citations/debts, payments, reductions, cancellations,
dismissals and any other pertinent data.
ARTICLE II - PAYMENT PROCESSING
2.1 Disposition Processing: COMPANY will maintain all citation/debt dispositions for a
minimum of two (2) years. Closed citations/debts will remain on-line for a minimum of
two (2) years for research and statistical purposes.
2.2 Payments Processing: COMPANY shall process citation/debt payments on a regular
basis. Payments shall be immediately posted in one (1) of three (3) following categories:
"Regular Payments" are citations/debts with the correct amount due, paid on or before
the due date. This includes payments properly complying with the first Delinquent Notice.
"Partial Payments" are citations/debts where payment is less than the total amount of
due. .
"Appeal Requests" including payment are all requests for 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, 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
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control. Such procedures shall involve reconciliation of all payments received using
generally accepted accounting principles. After proper reconciliation, deposit slips shall
be prepared for and deposits made at the appropriate bank, including an itemized listing
of all batch numbers included in the deposit. Citation payment documentation shall be
scanned into the System and retained for a minimum of two (2) years.
2.5 Cash Payments: 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.
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/debts and information relating to changes in
status.
3.2 Citizen Web Site Access: When the AGENCY has web site access, citizens who
receive citations/debts will be able to access the web site to review their individual
citations/debts and pay on-line.
3.3 Web Site Interaction: The web site may be “view only” or “interactive”, for the
AGENCY depending on requirements of the AGENCY.
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3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily, (24/7)
schedule.
3.5 Web Site Use: User ID’s and passwords will be assigned to the AGENCY.
ARTICLE IV – ADDITIONAL SERVICES
4.1 Other Collections: COMPANY shall, at the direction of the Agency refer designated
debts to a Third Party Collection Agency.
4.2 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 V - REPORTS
5.1 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
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/Debts Issued for Period
C. A balanced summary report for issuing AGENCY providing the status of
all citations/debts at the beginning of the period, current period activity,
and at the end of the period.
D. A report for issuing AGENCY identifying individuals owing the AGENCY
selected amounts.
E. A report for issuing AGENCY identifying the citations/debts issued,
location, violation by each officer.
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
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of their officers, employees, or agents under this AGREEMENT, excepting only loss,
injury, or damage caused solely by the active negligence or intentional misconduct of
AGENCY or any of its officers or employees.
ARTICLE VI – ENTIRE AGREEMENT
6.1 Security Provisions: AGENCY agrees to follow all defined security requirements
including but not limited to:
A) All AGENCY employees who are provided access to services provided by
COMPANY must complete a background check and must complete
annual security awareness trainings.
B) AGENCY must inform COMPANY within 24 hours of an AGENCY
employee with access to COMPANY services leaving their role.
D) AGENCY must inform COMPANY of any breach of information within 24
hours, so the appropriate government agencies can be notified of the
breach.
E) AGENCY understands and agrees that security requirements may change
and be updated to reflect the most current security requirements of the
government agencies we work with to obtain vehicle registered
information.
F) AGENCY understands that evidence of the security requirements may be
requested to comply with COMPANY audit requirements of the
governmental agencies we work with.
6.2 Permissible Use Provisions: AGENCY agrees to follow all defined permissible use
requirements including but not limited to:
A) All AGENCY employees who are provided access to services provided
by CONTRACTOR must receive annual training on permissible use of
state agency information.
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B) All AGENCY employees will be instructed of the confidentiality of
information obtained from a government agency and the proper use of
that information based on job responsibility, which must not involve
immigration purposes.
C) AGENCY must inform CONTRACTOR within 24 hours if data has been
misused in such a manner that might constitute data misuse or a data
breach.
D) AGENCY must inform CONTRACTOR of any breach of information within
24 hours, so the appropriate government agencies can be notified of the
breach.
E) AGENCY understands that evidence of the permissible use requirements
may be requested to comply with CONTRACTOR audit requirements of
the governmental agencies CONTRACTOR works with.
F) AGENCY understands that tracking of activity will occur for annual
reviews to be conducted by CONTRACTOR to ensure the confidentiality
and privacy required for government agency provided information.
G) AGENCY understands and agrees that access to confidential registered
owner information may be immediately restricted or terminated if any of the
mandatory provisions above are found to be violated or abused.
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2603 Main Street, Suite 300
Irvine, CA 92614
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ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK
Data Ticket offers two Cost Models for our Administrative Citation Processing Clients that
allow our Clients to select the Cost Model that best suits their individual situation. Model 1
represents an all-inclusive option that has a higher upfront citation processing fee than
Model 2 and includes full-service from Data Ticket’s staff. This option is typically selected
by Agencies whose Patrons pay their citations on an inconsistent basis. Model 2 is often
selected by Clients who has a thorough understanding of their collection rates or
collections occur within the first 30 days of a citation being issued.
Regardless of the Model selected, you have the option to change Models at any point
during a contract period. This provides our Clients with the maximum amount of flexibility
so they may experience the maximum return on citations issued.
Description of Service Cost
Model 1
Cost
Model 2
Manual Administrative Citation Processing
Services for the above-mentioned 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
**$13.00
per
citation
$6.00 per
citation
Electronic Administrative Citation Processing:
Services for the above-mentioned items include:
Automated citation transmission into Data Ticket’s Citation
Management Solution 24/7
Automated confirmation email detailing successfully transmitted
citations
Automated transmission of photos attached to citations
$11.00
per
citation
$4.00 per
citation
Semi-Custom Noticing:
Services for the above-mentioned items include:
A single Courtesy Notice printed on an 8 ½ x 11” piece of paper
and provided in a window envelope will be sent to the responsible
party
All notices are attached to the citation online and are viewable via
the web
All notices sent via 1st Class Mail
All notices include a return envelope in which the responsible party
may submit payment
This cost will increase as the US Postal Service increases the 1st
Class postage rate
Notices will be sent daily, Monday - Friday
Included $0.80 per
notice
EXHIBIT D
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2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK
Description of Service Cost
Model 1
Cost
Model 2
Additional Correspondence
Services for the above-mentioned items include:
Courtesy Notice per the City’s requirements
$1.25 per
letter
$1.25 per
letter
Delinquent Collections
Services for the above-mentioned items include:
In addition to the 1st Courtesy Notice, two additional notices will be
sent to the responsible party, at a time frame to be defined by the
Agency
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
A citation is considered delinquent at Cite Date plus 31 days
All notices are sent via First Class mail and all notices are printed
on an 8 ½ x 11” sheet of paper and folded into a window envelope;
in addition, a window envelope is provided for the recipient to
return payment
All notices are attached to the citation online and are viewable via
the web
Notices will be sent via 1st Class Mail, and Data Ticket will be
responsible for the cost incurred
Notices will be sent daily, Monday - Friday
If Data Ticket does not collect on a citation that is delinquent, the
Agency does not owe this fee
Included 26% of
revenue
collected
Adjudication Holds and Scanning
Services for the above-mentioned item include:
Data Ticket will accept Hearing Requests on behalf of the Agency
Dependent on the Agency’s choice, Data Ticket will either review
and approve the Hearing Request or provide the documentation
received to the Agency for its decision
If the Request is accepted, Data Ticket’s Adjudication Department
will place the citation on an Administrative Hearing Request Hold
and scan all received documentation into the Solution so it is
displayed on the web for the Agency’s Staff and the Hearing
Officer
Included $.50 per
hold
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PROPOSAL FOR THE CITY OF MOORPARK
Description of Service Cost
Model 1
Cost
Model 2
Disposition Entry
Entry of the hearing disposition into the web based Solution for
future reference and tracking
Included $1.00 per
entry
Adjudication Letters
Services for the above-mentioned item include:
For each request received, Data Ticket will send a semi-custom
Hearing Approval Letter and a Schedule letter or it will send a
Semi-Custom Denial Letter
Once the Hearing has been held, Data Ticket will send a semi-
custom disposition letter to the Appellant detailing the Hearing
Officer’s findings
All Letters are sent via First Class mail and all Letters are printed
on an 8 ½ x 11” sheet of paper and folded into a window envelope;
in addition, a window envelope is provided for the recipient to
return payment
All Letters are attached to the citation online and are viewable via
the web
Letters will be sent via 1st Class Mail, and Data Ticket will be
responsible for the cost incurred
Should the Agency request Letters to be sent via Certified Mail,
Data Ticket will arrange this at a cost of $5.00 per Letter
Letters will be sent daily, Monday - Friday
Included $1.25 per
letter
Administrative Hearings
Services for the above-mentioned item include:
Data Ticket’s independent, certified, insured hearing officers will be
provided to perform in-person, phone, and written hearings, as
required by the Agency
Each hearing request will be reviewed, heard or read, and all
required research will be performed
The Hearing Officer will enter a judgment into the Citation
Processing System for viewing by the Agency, Appellant and Data
Ticket
The City will incur costs associated with mileage
Data Ticket will work with the Agency to arrange for the use of a
conference room at a Agency location or the Agency may elect to
have citations heard at a centralized location within the County
$85.00 per
hour
$85.00
per hour
Certified Letters – Optional
Per certified mailing
$5.00 per
letter
$5.00 per
letter
Franchise Tax Board SSN Look-up
Services for the above-mentioned item include:
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
$3.00 per
unique
SSN
$3.00 per
unique
SSN
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PROPOSAL FOR THE CITY OF MOORPARK
Description of Service Cost
Model 1
Cost
Model 2
FTB Collections
Services for the above-mentioned item include:
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
Data Ticket will send a custom FTB Notice to the Patron as
required by the Interagency Intercept Program; this notice will be
sent via 1st Class Mail
All notices are attached to the citation online and are viewable via
the web
Data Ticket will pay for the Agency’s cost to participate in the FTB
program; annually, FTB will send an invoice to the Agency for the
number of debts placed at FTB; the Agency will simply provide this
invoice to Data Ticket and Data Ticket will pay it in full
If Data Ticket does not collect on a citation that is at FTB, the
Agency does not owe the collection fee
Data Ticket will send an FTB Notice to the Patron as required by
the Interagency Intercept Program; this notice will be sent via 1st
Class Mail
15% of
revenue
collected
15% of
revenue
collected
Advanced Collections Legal Action Not Required
Services for the above-mentioned item include:
This fee is charged if a citation is paid at Advanced Reporting
Collections
This charge is not combined with any other charge; for example if
a citation is rolled to delinquent status and paid at Collections, only
the 30% of revenue collected will be charged
30% of
revenue
collected
30% of
revenue
collected
Joint / Escrow Banking Services
Services for the above-mentioned item include:
Daily deposits of funds to the Agency’s escrow account
Online, real-time reconciliation reports that tie directly to the bank
statement
Processing of all credit card charge-backs and Insufficient Funds
Month-end reconciliation of all funds collected
Payment of Data Ticket’s invoice
Disbursement of the net remittance to the Agency
Scanning of all payments directly to joint bank account daily using
remote check deposit
The Agency will be responsible for the purchase of banking
supplies, including checks and endorsement stamps; these fees
typically run $200.00 per year
$150.00
per
month
$150.00
per
month
4 289
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK
Description of Service Cost
Model 1
Cost
Model 2
Charge-backs and NSF’s – Joint Escrow Only
Services for the above-mentioned item include:
Data Ticket will process credit card charge-backs and NSFs when
notified of each occurrence
Once processed, Data Ticket will send a custom letter to the
individual detailing the returned item and the amount due on the
citation
Included Included
Refunds – Joint Escrow Only
Services for the above-mentioned item include:
Data Ticket will process refunds when notified of each need
In the event the utilizes Joint Banking Data Ticket will verify,
generate and send each refund due
Refunds will be issued weekly
Refunds will be sent weekly via 1st Class Mail
Included Included
Monthly Minimum
A minimum fee of $200.00 will be charged on a monthly basis if
services do not reach this level
$200.00 $200.00
5 290
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK – SERVICES INCLUDED AT NO
ADDITIONAL COST
Online Access for the Agency’s Patrons: Included
The Agency’s Patrons will have the ability to perform the following functions online:
View real-time citation(s) data
Pay for a single or many citation(s)
Request an Administrative Hearing and attach up to three documents supporting their
position (optional)
Print a receipt
View pictures of the citation taken by the issuing officer (if the Agency allows)
Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to
each individual who requires 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 so that the username is displayed next to every transaction 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:
View real-time citation(s) data, including pictures taken by the Issuing Officer
Accept payment via VISA, MasterCard, Discover and American Express credit/debit
cards
Accept payment via Cash, Check or Money Order
Process NSFs and Refunds
Reduce or increase violation amounts, dismiss citations, void citations and place a
citation on hold
Change citation data, including violations, date, time, location, comments, and others
View the complete reason for a Hearing Request and supporting documentation
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
Print a receipt
Conversion: Included
Data Ticket will convert the citations currently with the Agency’s existing vendor at no
cost to the Agency
6 291
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK – SERVICES INCLUDED AT NO
ADDITIONAL COST
Reporting: Included
Data Ticket offers 23 reports online for our Clients to generate, print and re-print 24/7.
We provide real-time reports that can be generated for any timeframe required and we
provide pre-processed/month-end reports that reflect the month-end view of data.
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 Clients can copy and paste the data into
Excel for data manipulation purposes.
If the Agency were to request a report that was not already available, Data Ticket
would work with the Agency to design the report and provide it to the Agency at no
cost.
Manual Payment Processing: Included
Manually received payments (checks, cash, money orders and credit card payments
sent via US Mail) are received 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
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
are completed and provided to a bonded, insured courier who takes them to the bank
Customer Service: Included
Data Ticket provides a live, bi-lingual, on-site Customer Service 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
The IVR accepts VISA, MasterCard, Discover, and American Express
Web Presence: Included
Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is provided
at: www.CitationProcessingCenter.com ; this is a generic website in the sense that it is
not Agency branded. This website allows for the Agency and the Agency’s Patrons to
access citations online
If the Agency prefers to have an Agency branded website, one in which the look and
feel mimics that of the Agency’s website, Data Ticket can and will provide this feature
to the Agency.
7 292
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MOORPARK - FEES ASSESSED TO THE PATRON
Credit / Debit Card Processing $3.50 per transaction
Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard,
Discover, and American Express on our website, www.CitationProcessingCenter.com,
via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bi-
lingual IVR Solution
There is no charge to the Agency for credit / debit card processing; however, the
Patron is charged $3.50 per transaction; this means the Patron can pay for a single or
many citations at once and incur a single $3.50 fee
Payment Plan Processing variable cost
An administrative fee will be assessed to Patrons or the City (if they wish to pay in lieu
of the Patron paying) who wish to participate in a payment plan
This fee will cover the cost of the payment plan initiation, and the cost of a
confirmation letter that is sent to the Patron confirming the details of the payment plan
The Agency will have the ability to determine whether Payment Plans are accepted
and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $33.50 per transaction
If a chargeback occurs, a fee will be charged to the Patron for the processing of the
chargeback
No fee will be charged to the Agency
Cost Increases:
Postal Rate Increase Offset – If 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.
CPI Increases – There will be NO CPI increases for the duration of the agreement
8 293