CC - Item 7B - Award of Contract for the Processing of Parking and Administrative CitationsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER (Y+�
DATE: OCTOBER 25, 2011
SUBJECT: AWARD OF CONTRACT FOR THE PROCESSING OF PARKING AND
ADMNISTRATIVE CITATIONS
SUMMARY
The City currently contracts with Judicial Data Systems Corporation (JDS) for the
processing and administration of the City's Parking Citations. The contract with JDS
was first approved on June 10, 1981 and was last amended on January 22, 1991. Since
the Council recently adopted an ordinance establishing an administrative citation
process, proposals were requested for the administration of both the parking citation
and administrative citation programs. Requests were sought from JDS, Data Ticket and
Turbo Data, as these are the three major vendors providing these types of services.
After a thorough review of the proposals, staff is recommending a contract be awarded
to Data Ticket for the administration of both the parking citations and administrative
citations.
Recommendation:
Staff recommends that the City Council approve a five year contract with Data Ticket
and authorize the City Manager to sign the applicable documents.
BACKGROUND /ANALYSIS
The City has contract with JDS for the processing of parking citations for over 30 years
and has not reviewed their contract for over twenty years. In order to ensure compliance
with the City's Municipal Code regarding contract lengths, staff had included in the
2011 -12 work plan to request proposals for parking citation administration. In reviewing
the processes in other cities and evaluating how the residents of Rosemead could best
be served, it was determined that combining the processing of the parking citations and
administrative citations would be the most cost - effective and user - friendly system for
everyone.
Presently there are three major vendors that offer the processing of parking and
administrative citations: JDS, Data Ticket and Turbo Data. All three vendors were
contacted and proposals were requested. Both JDS and Data Ticket were interested in
providing proposals, but Turbo Data was unresponsive. After reviewing recent RFPs
from other agencies, it appears that Turbo Data was unresponsive to their requests as
well.
ITEM N®.
City Council Meeting
October 25, 2011
Paae 2 of 2
JDS currently only provides parking citation administration, but has been seeking
agencies to begin the processing of administrative citations. Their proposal includes the
development of an administrative citations process in which Rosemead would be a test
client while the system is development. As a result of this start-up program, they did
offer a discount to the City during the initial implementation phase. In reviewing their
proposal and speaking with their representative, JDS stressed on numerous occasions
that they solely follow the vehicle code and utilize the Interagency Intercept Collection
system for collecting fines and citations. Furthermore, they pride themselves on not
being a "collection agency" seeking to collect fines in additional ways. While this is their
business model, it has resulted in over 19,000 uncollected parking citations over the
years with Rosemead.
Data Ticket is a full service company providing both parking citation and administration
processing in numerous cities. Their proposal includes a full web interface so that both
recipients of citations and city staff will have the ability to look up a citation at any time.
Currently staff must refer all citation questions to JDS as the City does not have direct
access to any citation information. For the collection of citation fines, Data Ticket is not
a collection agency; however they facilitate a greater list of options to collect unpaid
citations such as using the Franchise Tax Board or their contracted 3` party collection
agency. Their fee proposal includes the cost of these which is set on a percentage of
fees collected basis. A percentage fee is customary with 3rd party collection agencies
and is in line with what the City would pay if we contracted directly with an agency.
Data Ticket also has an existing partnership with Government Outreach, the City's CRM
provider, which will enable direct access between the citations and the Code
Enforcement system. This direct access will allow for greater efficiency for City staff.
Data Ticket has also included at no charge the import of the existing 19,000 unpaid
parking citations and will utilize various methods to seek collection on these as well.
After a thorough review of both proposals, staff has made the recommendation to
contract with Data Ticket based upon their existing ability to provide both services as a
turn -key solution with reasonable fees. A fee matrix is attached comparing both
agencies along with an estimate of costs based upon the normal $40 parking citation.
Furthermore, the fully developed web interface will provide for improved customer
service for our residents and other individuals which receive citations. It should be
noted that Data Ticket did provide for Hearing Officer services at a rate of $85 per hour.
This is an optional service that is by request only, and at this time, the City will keep the
Hearing Officer process in house.
Prepared by:
J , � 4 r--Pc —
Matthew E. Hawkesworth
Assistant City Manager
Fee Matrix
JDS Data Ticket
Parkine Citations
Parking Citation Processing
$1.30
$0.60
Courtesy Notice
Incl.
$0.75
Additional Notices
$3.00
Incl.
Review Fee
$3.00
$2.25
Hearing Fee
$5.00
Incl.
SSN Acquisition
$5.00
$3.00
FTB Collections
N/A
15%
3rd Party Collections
N/A
30%
Payment Methods
Mail /Online
Mail /Online
Customer Interaction
Telephone
Telephone /Web -based CRM
Out -of -State Registration pull
$5.00
28%
Admin. Citations
Processing Fee
N/A
$15.00
Initial Letter
$3.00
Incl.
Subsequent Letters
$3.00
Incl.
SSN Acquisition
$5.00
$3.00
Collection Method
Interagency Collection System
FTB or 3rd Party
Collection Fee
$5.00
FTB - 15 %, 3rd Party - 30%
Legal Action
N/A
1 40%
Estimaton of Cost per Citation ($40 Citation
Paid w /out notice
$1.30
$0.60
Paid w/1 notice
$1.30
$1.35
Paid w/2 notices
$4.30
$1.35
Paid after request for review
$4.30
$3.60
Out of State
$9.30
$11.20
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 28 day of April, 2009 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead,
California 91770 ( "City ") and Data Ticket Inc. dba Revenue Experts, a California
Corporation with its principal place of business at 4600 Campus Drive, Suite 200 Newport
Beach, California 92660 ( "Consultant'). City and Consultant are sometimes individually
referred to herein as "Party' and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing parking and
administrative citation services to public clients, is licensed in the State of California, and is
familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the collection of
parking and administrative citations project ( "Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional administration
and collection services necessary for the Project ( "Services "). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from November 1, 2011 to
October 31, 2016, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.2 Responsibilities of Consultant.
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3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals
in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail
or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: [insert Names].
3.2.5 City's Representative. The City hereby designates the Chief of Policy,
or his or her designee, to act as its representative for the performance of this Agreement
( "City's Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Consultant shall not accept direction or orders
from any person other than the City's Representative or his or her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates [insert
Name or Title], or his /her designee, to act as its representative for the performance of this
Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his /her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee
of the Consultant or its sub - consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Consultant and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuantto the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
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3.2.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain prior to the
beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions underwhich the work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. If sufficient funds are not available in
the escrow account, the City shall, within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
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3.3.5 Prevailing Wages.. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
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request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Data Ticket Inc. dba Revenue Experts
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
Attn: Bill Fleming
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: City Clerk
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant underthis Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, be used
by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Consultant, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of
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the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
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written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
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CITY OF ROSEMEAD DATA TICKET INC. DBA REVENUE
EXPERTS
By: By:
City Manager
N
Attest:
Title:
Gloria Molleda
City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
Rachel Richman By:
Nai
City Attorney
Title:
02/08
Document2
L--Kc
SCOPE OF SERVICES
See attached proposal
A -1
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
949 752 6937 (x) 310 - Phone
949 - 752 -6033 - Fax
MFleminq(&DataTicket.com
Scope of Service and Performance Agreement
These services are provided by:
Data Ticket Inc. dba Revenue Experts
a California Corporation
4600 Campus Drive, Suite 200
Newport Beach, California 92660
(hereinafter sometimes referred to as "COMPANY ")
FOR:
THE CITY OF ROSEMEAD
8838 EAST VALLEY BLVD.
ROSEMEAD, CALIFORNIA 91770
(hereinafter sometimes referred to as "AGENCY ").
Data Ticket, Inc. dba Revenue Experts 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 Rosemead municipal code and 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
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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
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 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 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.
1.5 Identification of Registered Vehicle Owners COMPANY shall exert best efforts to
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.
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1.6 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 time periods applicable to individual cases.
1.7 Delinquency Notices for Administrative Citations: In accordance with AGENCY
ordinance, delinquency notices will be sent to citizens 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 citizen 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
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a delinquency notice. The period of time will not exceed the time limits provided by
state and local law.
1.11 Removal of Registration Holds COMPANY will provide the system and
procedures and will interface with the California State Department of Motor Vehicles to
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 citizens 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 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 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 review /hearing /court.
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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.
1.16 Payments by U.S. Mail It is the citizen'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 II - 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.
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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
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.
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ARTICLE III —WEB SITE
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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 Citizen Web Site Access When the AGENCY has web site access, citizens who
receive citations will be able to access the web site to review their individual citations,
pay on -line and appeal 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.
3.4 Web Site Reports Web site reports are available to the AGENCY on a daily, (2417)
schedule.
3.5 Web Site Use User ID's and passwords will be assigned to the AGENCY.
ARTICLE IV - GENERAL
4.1 Public Inquiries The 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
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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
title to said Systems.
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,
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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:
A. COMPANY agrees to store original citations for the current year, plus
two (2) years, at which time they will be returned or to AGENCY or
shredded. COMPANY will have 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.
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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
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)
ARTICLE VII - TERM OF CONTRACT AND ADDITIONAL SERVICES
7.1 Term and Renewals This Agreement shall be for an initial period of five (5) 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.
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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.
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.
7.4 Cost: Please see Cost Proposal, Exhibits A and B for all associated costs.
ARTICLE VIII - CLAIMS AND ACTIONS
8.1 AGENCY Cooperation In the event any claim or action is brought against
COMPANY relating to COMPANY'S performance or services rendered under this
Agreement, COMPANY shall notify the AGENCY, in writing, within ten (10) days, of said
claim or action.
8.2 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.
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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.
ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS
9.1 Subcontracting COMPANY is authorized to engage subcontractors, as permitted
by law at COMPANY'S own expense, subcontractors shall be deemed agents of
COMPANY.
9.2 Assignments This contract may not be assigned without the prior written consent
of the AGENCY. It is understood and acknowledged by the parties that the COMPANY
is uniquely qualified to perform the services in this agreement.
ARTICLE X - INDEPENDENT COMPANY
10.1 COMPANY'S Relationship COMPANY'S relationship to AGENCY 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
shall obtain any right to retirement benefits or other benefits which accrue to employees
of AGENCY, and COMPANY hereby expressly waives any claim it might have to such
rights.
ARTICLE XI - INSURANCE
11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense
during the term of this Agreement, the following policy or policies of insurance covering
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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 one 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.
B) 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.
ARTICLE XII — ENTIRE AGREEMENT
12.1 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.
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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.
12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of
the State of California.
12.3 Notice to Parties: Any notice required under this Agreement to be given to either
party may be given by depositing in the United States mail, postage prepaid, first - class,
addressed to the following:
AS TO THE AGENCY:
THE CITY OF ROSEMEAD
8838 EAST VALLEY BLVD.
ROSEMEAD, CALIFORNIA 91770
AS TO THE COMPANY:
DATA TICKET, INC. dba REVENUE EXPERTS
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 last written below.
AGENCY:
COMPANY:
THE CITY OF ROSEMEAD DATA TICKET, INC.
dba Revenue Experts
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Signature
Print Name and Title
Date
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Signature
Print Name
Date
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EXHIBIT B
SCHEDULE OF SERVICES
Included in Exhibit A
'�i
EXHIBIT C
COMPENSATION
See attached schedule
C -1
j DATATICKETNC.
J oICI REVENUEEXPERTS NC.
City of Rosemead Parking Citation Processing Services Proposal
Manual Parking Citation Processing: $0.70
Electronic Parking Citation Processing: $0.60
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 vial Class Mail
• Notices will include a return envelope in which the responsible party may
submit payment
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
• If the citation is placed on a DMV hold and payment is made at DMV, Data
Ticket will not be paid this fee, rather the City will obtain the full amount
collected
• In addition to the Courtesy Notice, three additional notices will be sent to the
registered owner
• Notices will be sent via t st Class Mail, and Data Ticket will be responsible for
the cost incurred
Phone: 949 752 6937 4600 Campus Drive, Suite 200
Fax: 949 752 6033 Newport Beach, CA 92660
IIJII DATATICKETNC. RC REVENUEEXPERTS NC
City of Rosemead Parking Citation Processing Services Proposal
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 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
Legal Action Required 40% of revenue collected
• This fee is charged if a citation is paid at the Third Party Collections and legal
action is required. 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 and legal action is required, only the 40% of revenue collected will
be charged
• Legal action is never taken without City authorization
Adjudication:
1' Level Reviews Hold & Judgment
$1.50
• Data Ticket will place each citation on a Review Hold, review the
documentation provided by the Appellant, and enter a judgment into the
citation management system.
V Level Reviews Letters $0.75
• Data Ticket will send a custom judgment letter to the Appellant via 1 Class
Mail
• All letters will be available on the web for City personnel to view and /or re-
print at anytime
2 nd Level Hearings
$85.00 per hour
• Data Ticket's independent, certified, insured hearing officers will be provided
to the City to perform in- person, phone, and written hearings.
Phone: 949 752 6937
Fax: 949 752 6033
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
ILplI DATATICKETNC. 1110 REVENUEEXPERTS NC.
City of Rosemead 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.
• Hearings will be scheduled at 2 citations per hour
• 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
2 nd Level Hearing Letters $0.75
• Data Ticket will send a custom judgment letter to the Appellant via 1 Class
Mail
• All letters will b available on the web for City personnel to view and /or reprint
at anytime
Joint Banking Account Services $50 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 / 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 citizen who are due a refund via V Class Mail
Conversion:
;iii
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
Phone: 949 752 6937 4600 Campus Drive, Suite 200
Fax: 949 752 6033 Newport Beach, CA 92660
DATATICKETNC. mIC REVENUEEXPERTS NC
City of Rosemead Parking Citation Processing Services Proposal
• Request an Administrative Review online
• Ability to attach supporting documentation to an Administrative Review
• 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
Other:
• A convenience fee will be assessed to the citizen in the event they choose to
pay online or via the IVR or phone
• An administrative fee will be assessed to citizens who wish to participate in a
payment plan will be available to citizens. This fee will cover the cost of the
payment plan initiation, and the cost of a confirmation letter that is sent to the
citizen confirming the details of the payment plan.
Phone: 949 752 6937 4600 Campus Drive, Suite 200
Fax: 949 752 6033 Newport Beach, CA 92660
�1 DATATICKETNC.
W — i
J mJCJ REVENUEEXPERTS NC.
City of Rosemead Administrative Citation Processing Services Proposal
Manual Administrative Citation Processing: $22.00*
Electronic Administrative Citation Processing: $15.00 **
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- house, bi- lingual Customer Service staff
• Call recording of all inbound and outbound customer service calls
• Interactive Voice Response System available 24/7
• Semi - custom 1 Notice of Delinquency to be sent to the responsible party
• In addition to the 1 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 1 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
*Should the City opt to use both Parking and Administrative Citation processing
services, the fee for manual administrative citation processing will be reduced to
$19.00
* *Electronic File Transmission
Administrative Hearings $85.00 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, citizen and Data Ticket.
• Hearings will be scheduled at 2 citations per hour
• 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
Phone: 949 752 6937 4600 Campus Drive, Suite 200
Fax: 949 752 6033 Newport Beach, CA 92660
DATATICKETNC. JOJCJ REVENUEEXPERTS NC.
City of Rosemead Administrative Citation Processing Services Proposal
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
Legal Action Required
40% of revenue collected
This fee is charged if a citation is paid at the Third Party Collections and legal
action is required. 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 and legal action is required, only the 40% of revenue collected will
be charged
Refunds $5.00 per issued refund
Issuance of all refunds to citizen who are due a refund via 1 st Class Mail
Conversion:
M 1
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
Phone: 949 752 6937
Fax: 949 752 6033
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
DATATICKETNC. MIC REVENUEEXPERTS NC.
City of Rosemead Administrative Citation Processing Services Proposal
Online Access: $0.00
Services for the above- mentioned item includes:
• Access via the Internet for the City's citizens and visitors to perform as many
functions as the City desires.
Other:
• A convenience fee will be assessed to the citizen in the event they choose to
pay online or via the IVR or phone
• An administrative fee will be assessed to citizens who wish to participate in a
payment plan will be available to citizens. This fee will cover the cost of the
payment plan initiation, and the cost of a confirmation letter that is sent to the
citizen confirming the details of the payment plan.
Phone: 949 752 6937 4600 Campus Drive, Suite 200
Fax: 949 752 6033 Newport Beach, CA 92660
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the 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 the 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 City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "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.
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
that $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 coverage 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.
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- orbetter and
a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and 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 City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. 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
D -1
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against 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 operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of 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 City's protection without City's
prior written consent.
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
at any time and no replacement coverage is provided, 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 City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation 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 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, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage 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 project will be
submitted to 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 on the project
contemplated by this agreement to self- insure its obligations to 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 selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract 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 City.
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 City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on 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 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
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
City within five days of the expiration of the coverages.
D -3
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 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 with 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 project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. 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 City.
PARKING CITATION PROCESSING PROPOSAL
for
THE CITY OF ROSEMEAD
from
Judicial Data Systems Corporation
3303 Harbor Blvd Suite F4
Costa Mesa, CA 92626
AUTOMATED PARKING CITATION MANAGEMENT
A pioneer and innovator in parking management, Judicial Data Systems offers a state -of-
the art automated parking citation management system for municipalities in the state of
California.
A leader in the field, JDS brings years of experience to the processing of parking
citations. Developed in the late seventies, JDS programmers wrote the first commercially
available parking citation processing program for the City of Newport Beach. Over the
years, more and more cities are choosing JDS to manage this tedious but important,
revenue producing work.
JDS was the first non - government parking processor to have on -line DMV access due to
JDS' processing of moving violations for California courts.
EXPERIENCE:
Thirty years of successful business.
Over 85 government agencies served.
Over one -half million citations processed annually.
PERFORMANCE:
Full Service Data Entry: JDS personnel performs all data entry to ensure
reliability and maximum customer convenience
Registered Owner Inquiry: An on -line computer link to DMV is used to
determine vehicle ownership with consistent 90% valid replies.
Owner Notification: All forms, printing, handling, and mailing services
are performed by JDS.
Collections: JDS handles all collections and deposits with utmost
accuracy and security.
Phone Service: JDS offers a fully trained staff of operators that will
handle all calls from violators.
OVERVIEW OF DMV NOTIFICATION PROCEDURE
The DMV notification process is a simple and effective solution to the
unpaid parking citation problem.
If the registered owner:
1) Fails to respond to a parking citation, then,
2) A "NOTICE OF DELINQUENT PARKING VIOLATION' is
sent to the registered owner.
3) If there is failure to respond to the mailed notice, then,
4) DMV is notified to withhold registration renewal until the
citation is satisfactorily cleared or the vehicle registration has not
been renewed for two years.
The effectiveness of the procedure is well documented. Jurisdictions
which have faithfully implemented the process usually experience and 80
percent clearance rate as compared to rates of 30 to 50 percent normally
experienced without such procedures.
It should be noted that this description of the DMV notification procedure
is a broad outline. There are many contingencies imbedded in the
process. The full scope is provided in the California Vehicle Code,
Division 17, Chapter 1, Article 3 which is appended to this proposal.
DESCRIPTION OF JDS PARKING CITATION SERVICES
A) Citation Receipt and Control
For citation control, the main requirement is that the transmittal form record the agency,
the date. and a complete list of citations being received. As citations are issued in serial
order by officers, it is generally not necessary to list each citation but rather the beginning
and ending serial numbers for blocks of citations.
The transmittal form provides the primary record of citations presented for processing.
This provides for visibility over JDS performance as well as verifiable control for any
subsequent cancellation of the citation by the issuing agency. For any agencies which are
using automated ticket writers, JDS will provide a suitable transmittal verification
mechanism.
It is at this stage that citations are examined for consistency and the inclusion of required
fields. A missing or inconsistent field can usually be corrected without resorting to a
cumbersome rejection procedure since citations are issued in sequence.
At the JDS processing facility each batch (reflected by transmittal forms) will be logged
into the system by the assignment of a serialized "batch" number. This number is also
recorded on the transmittal.
.IDS has historically and successfully used a batch control methodology (not to be
confused with batch processing — our systems are real time and on -line) to provide
rigorous external controls. There is a one -to -one correspondence between each
transmittal of citations; each batch being identified with the issuing agency, the date
received, and the citation count. A traveling worksheet goes with the batch through
processing and records the data entry operators involved, various production and quality
control checks, and key processing dates. Finally, the citations are filed by batch number
together with the worksheet.
Each citation in the system is tagged with its batch identification number making for ease
of retrieval. The worksheet filled out with the batch also serves to record post - processing
activity such as citations forwarded to the Court or citations which are cancelled by the
issuing agency (in conformity with the Vehicle Code). The batch system allows for
reliable control and the ability to track the physical activity affecting each citation.
The batch system also permits timely response to violators seeking copies of citations
under V.C. 40206.5. JDS is one of the few parking processors which retains the original
copies of citations for citizen request as well as use in administrative and /or Court
hearings.
B. Processing and Control of Payments.
Payments by mail are processed according to procedures which JDS has worked out over
thirty -one years of experience. Our technique is simple, effective and successful.
All mail is sorted by agency and counted prior to opening. All mail opening is done by at
least two persons with supervisory monitoring. JDS recommends that all agencies
indicate on the notice forms that violators not mail cash. Nevertheless, as cash is
occasionally received it is immediately notated and counted by qualified JDS collection
clerks.
The number of checks /money orders received and the number of cash payments received
is recorded for each agency. Any discrepancy, such as non - liability, request for citation
review, and empty envelope, etc., between the mail count and the payment count is
recorded and tracked on a verification form. The payments are then entered onto deposit
slips for the specific agency. Each payment is associated with a document (citation,
notice form, etc.) indicating the citation number and issuing agency. If no form is
supplied, JDS will create one. The amount and method of payment is written on each
citation, notice form, and check. These documents are then used to enter payment data
into the computer.
In the proven JDS parking management program, the computer verifies the citation data,
accepts payments and produces a clearance batch verification report. This report, one for
each agency for each deposit, indicates every payment. The total count and amount of
payments must balance with the deposit slip.
There are three corroborating elements: the mail count, the deposit slip, and the clearance
batch verification report. A copy of each of these items, together with the surrendered
citations, notices, including envelopes, etc. are placed in another envelope marked
with the agency's name and the transaction date. The envelopes are then filed at JDS.
The clearance date is logged in the system and can be used at any time to retrieve the
original documents regarding any payment transaction. The transaction date identifies the
deposit envelope for the appropriate agency.
The JDS method of preparing a separate deposit slip for each agency provides a month -
end verification comparing bank statement deposits with the daily clearance batch
verification reports.
JDS proposes an agency account, using an endorsement stamp and deposit slips to
prepare and make deposits directly into this account. JDS will have no other access to this
account.
This approach provides the highest level of safety and convenience to the agency. The
agency will pay JDS for its services, remit funds to the entities, and transfer money into
the various agency funds involved. JDS will provide an invoice and complete revenue
distribution accounting to assist the agency to perform these payments and transfers. JDS
wiI I automatically receive duplicate statements for reconciliation and returned checks for
follow -up, by arrangement with the bank.
Time and experience dictate this to be the superior method, as opposed to having the
vendor hold the funds, pay itself first, and then write the checks to all of the entities and
the agency.
If a check is returned by the bank for non - sufficient funds, JDS requests a copy of
the front and the back of the returned check so that further processing may occur.
The citation is reinstated into the system and a notice is sent to the registered owner with
the citation information along with an added fine for the NSF. If the citizen does not
respond to the notice, a DMV hold will be placed on the vehicle registration.
At the city's option JDS will setup credit card payments via the web. The preferred
approach is to provide a page on the city's website providing compliance options for
persons receiving parking citation. The page includes a link to JDS' credit card vendor.
This approach is favored by many cities as it directs the person through the city's website
rather than a parking processing agency. Many citizens feel more comfortable dealing
with the city than with a private corporation.
JDS use of vendor offers several key advantages
- Full Level 1 PCI compliance
- Daily reporting of payments
- Full visibility and accountability independently of JDS
C. Notice of Delinquent Parking Violation.
JDS uses its proven "pattern matching" algorithms to acquire registered owner's names
and addresses from DMV's database.
Because JDS also processed traffic citations (moving violations) in the 1980's JDS was
the first non - government parking processor to use an on -line connection rather than
magnetic tape batch inquiries.
Data returned from DMV is checked for consistency using additional algorithms to verify
a match with the cited vehicle. An example would be the acceptance of a make
discrepancy if the vehicles were in the same "family ". An example would be a Chevrolet
Tahoe confused with a GMC Yukon.
JDS typically gets a 90 %+ hit rate on DMV inquiries.
If the registered owner data passes the automated screening JDS prints and mails (first
class) a Notice of Delinquent Parking Violation.
This notice contains the same basic data as the original citation plus advice on the
consequences of non - compliance.
Compliance options include payment of the parking penalty, contesting the citation, or
returning the Affidavit on Nonliability provided with the notice.
JDS also offers noticing services to out -of -state registrations for a flat fee. This is at
variance with the practice of some vendors which charge a percentage of out -of -state
collections whether or not any notice was sent. JDS has observed that many out -of -state
citations are paid with no notice mailing.
D. DMV Registration Hold
JDS places registration holds with DMV on California registered vehicles with citations
which remain non - compliant after the allowed response time (adjusting for tolling
circumstances).
At this step the registered owner has exhausted the appeal opportunities specified in the
Vehicle Code (VC 40215, 40230).
The penalty is also increased when the hold is placed.
JDS receives monthly reports from DMV providing all activity (add, deletions,
collections) during the month.
The registered owner may elect to pay JDS directly in which case JDS will use its on -line
DMV connection to delete the hold.
DMV keeps the hold on file for two renewal periods after which the case is returned to
the agency.
In this event our reading of VC 40221 indicates that the city may file a civil judgment
with the court 60 days after the renewal date. If the city elects this option JDS suggests
that a qualified collection agency be enlisted to pursue all legal options (wage
garnishment, seizing of assets, etc.)
Another option is to use the Interagency Tax Intercept program offered through the State
Controllers Office and the Franchise Tax Board. JDS has a program to pursue this
option.
E. Citation Review and Hearing Management.
When a citizen requests a review of a citation and sends a letter to Parking
Administration (JDS), the citation is placed on a "process hold" so that penalties do not
accrue while the citation is being reviewed. This is technically termed "tolling."
A cover sheet is added to the citizen's letter and the packet is then forwarded to the
issuing agency for review and disposition. The request for review must be made within
21 days of citation issuance or 14 days of receipt of the delinquency notice.
Once a disposition has been made by the issuing agency, the packets are sent back to
JDS. Clerks date stamp the review covers, makes a copy for the files, and sends the
original review sheet and letter back to the citizen. The JDS system is updated if the
citation is dismissed.
If the citation is upheld, it remains on process hold since the citizen still has 21 days to
either pay the citation or request a hearing. The choice must be made within 21 days of
the stamped date on the review form (the date of the mailing).
If the citizen requests a formal hearing (the second step in contesting the citation), they
must send in the penalty and all documentation pertaining to the citation. A hearing date
is scheduled (typically once per month) and the citizen is notified by mail of the time and
date.
After the hearing has occurred, the hearing examiner sends the updated packets back to
JDS. Again, if the citation is dismissed, the system is updated and a refund generated. If
the citation is upheld, the penalty is deposited and the case is closed.
If the citizen wishes to further pursue the case they may proceed to Civil Court. There is
a mandatory $25.00 filing fee collected at the Court. This fee will be refunded if the case
is dismissed. The average city has one court appeal every one to four years.
REPORTS PROVIDED BY JDS
1) CITATION MASTER REPORT: Provides citation number, batch number, license
number, state and make of vehicle, issued date, violation code, fine(s), status of citation,
name of registered owner and officer ID number. A "main master list" is sent quarterly;
supplemental versions of this report are sent at least monthly.
2) VERIFICATION OF DISPOSITIONS: Collection and clearance report. Provides
verification of dispositions including matched totals that correspond with deposit slips,
for each deposit or list of voids or dismissals. Sent as deposits or clearances are
performed.
3) DAILY CLEARANCE REPORT: Provides information on citations cleared by
payment, payment on notice, payment on DMV holds, voids, and dismissals; on a
monthly basis. Is a monthly compilation of the Verification of Disposition report.
4) SUMMARY STATISTICS REPORT: Provides statistics by clearance type; listed at
end of Daily Clearance Report.
5) HABITUAL OFFENDER REPORT: Provides license number, citation number, issue
dates, times, locations, status and violations for habitual offenders. On a monthly basis.
6) OFFICER REPORT: Provides quantity of citations written by each officer. As
requested.
7) UNPAID CITATION REPORT: Provides list of unpaid citations. As requested.
8) DMV MONTHLY REPORT: Lists activity on citations held at DMV. Monthly.
9) SURCHARGE REPORT: Lists quantity of citations collected each month; total of
parking surcharge owed to county.
PARKING CITATION PROCESSING FEES
l) Per citation filed: $1.30
2) Reviews filed: $3.00
3) Hearings filed: $5.00
4) Acquire out -of -state registration: $5.00
5) Additional notices (out -of- state, etc.) $3.00
ADMINISTRATIVE CITATION PROCESSING PROPOSAL
0
for
THE CITY OF ROSEMEAD
from
Judicial Data Systems Corporation
3303 Harbor Blvd Suite F4
Costa Mesa, CA 92626
Judicial Data Systems (JDS) proposes a web -based system for processing Rosemead's
Administrative Citations.
Rosemead would enter the elements of a citation on -line. Depending upon Rosemead's selection of
services the JDS system would then proceed to accept payments, setup reviews and hearings and
add accounts to the Interagency Intercept Collection System.
Rosemead may prefer to handle payments and hearings internally or to have JDS handle these
tasks.
Similarly, Rosemead may prefer to send the first one or two letters to the citizen or have JDS mail
these and subsequent notice.
We have attached a simplified outline of the code enforcement process.
In this list of items it is understood that except for the first item "Notice of Violation', all the
subsequent steps are conditional upon previous steps.
Again, this is a tentative outline only. Rosemead may elect to continue sending an initial "warning
letter" or may decide to have JDS print & send the letter. The same applies to the administrative
citation.
Our pricing is quite simple: $3.00 per letter, $5.00 to obtain a Social Security Number, $5.00 to
add an account to the Interagency Intercept Collection system.
We would not impose any monthly minimum.
Code Enforcement/Administrative Citation Process
1. Notice of Violation.
Will normally allow a reasonable period for person to correct or
remedy the violation prior to the imposition of fines or penalties
GC 53069.4 (a)(2)
Notice will advise the person of possible citation.
2. Citation Issuance.
Imposes fines /penalties. Provides person opportunity to request an
administrative review. Time limit for response is provided.
3. Notice of Review Decision.
Person advised of results of review.
If citation is upheld, person is given period to pay fine.
4. Final Administrative Order.
Person is advised of final decision to proceed with collection
procedures. Person advised of procedure to contest the final order
by filing in superior court. Time limit is 20 days. GC 53069.4 (b)(1)
5. Demand Letter.
Person sent a demand letter outlining collection procedures including
a "Pre- Intercept Notice ".
6. Interagency Intercept Collection
Must be refiled annually.