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2200 - Data Ticket Inc. - Collection of Parking and Administrative Citations MAYOR: "t1:111 City of semeadSTL"VfiN L1 MAYOR PRO TEM: MEMOMMOMMIONIMI MARGARET CLARK8838 E.VALLEY BOULEVARD P O BOX 399 COUNCIL M MRERS: ROSEMEAD,CALIFORNIA 91770 $ANORA ARMENIA TELEPHONE(626)569-2100 SCAN RANG FAX(626)307-9218 Poux Low AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement of October 25, 2011, for the processing of bails, fines, and forfeiture thereof, in connection with the issuance of administrative citations between the City of Rosemead and Data Ticket, Inc. is amended as follows: 1. Subsection 3.1 Scope of Services and Term is amended to reflect the following: The term of this agreement will be extended to December 30, 2019, 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. 2. All other terms and conditions contained in the Professional Services Agreement shall remain in full force and effect Executed this 28th day of January, 2019 Data Ticket, Inc. City of Rosemead By- ' B : . - Name: Lie Name: Gloria Molleda Title: ahLtTitle: City Manager Address:2 3 r Aci in S--, SLA-,11-' O0 Address: 8838 E. Valley Blvd. vi c _ ct 1(.011 Rosemead, CA 91770 DATA . 2603 Main Street, Suite 300 Irvine, California 92614 TICKET' 9llentS -7241 www.CllentServices.com CITY OF ROSEMEAD ADDENDUM TO THE AGREEMENT DATED OCTOBER 25, 2011 ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF ROSEMEAD and DATA TICKET, INC. This addendum to the Agreement between The City of Rosemead (AGENCY) and Data Ticket, Inc. (COMPANY) is to amend and include the addition of AB 503 Services/Fees: Acceptance and Scanning of indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request • This new process includes the acceptance of documentation via the web and US Mail,the review of this documentation and the scanning of all the documentation and attachment to the citation to which it applies Based on each Agency's unique business rules,Data Ticket will either accept or deny each request and then proceed to setup the payment plan or issue a letter of denial with a reason for the denial Indigent Payment Plan Letters $0.85 per letter All other terms and conditions of the Agreement remain as originally written. ACCEPTED: ACCEPTED: The City of Rosemead 'ata Ticket, Inc. l l Signature Signature o _ Gloria Molleda, City Manager Print Name and Title Print Name and Title I _2 I January 28, 2019 Date Date Proprietary and Confidential to Data Ticket, Inc Phone:949-428-7241 10/18/18 MAJOR: City of qpSQmead SANDRA ARMTVTA MAYOR PRO TEM: Yrn i.ti'f ou •17,6,111/• r 8H-38 L.VA! LEY BOI.I.FVARI)I'U BOX 399 RC/SEW:A!),CALIFORNIA 91_71I CO(M B.MEMBERS: I f•LE-PH(iNF 102t0 569-21t10 V4'u i i:w ALARCV\ MAKc,-KF-;C.LfIKK I'AX(6261307-92 18 Srte,- l.\ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement of October 25, 2011, for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations between the City of Rosemead and Data Ticket. Inc. is amended as follows: 1. Subsection 3.1 Scope of Services and Term is amended to reflect the following: The term of this agreement will be extended to October 31, 2017, 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. 2. All other terms and conditions contained in the Professional Services Agreement shall remain in full force and effect. r°A20 0 Executed this 3 day of TOW/Tin , Data Ticket,Inc. City of Rosemead By: L ?:s s� g. . Name: A--;,L fig, Name: . r--\i..... S Title: Title: Address: f • 7 ., ) �.a Address: >~ r1i?: . •eY/ [. 4 c..2G.. 0 a 0. , 4D � . 111 U CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 25th day of October, 2011 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. Data Ticket Inc. dba Revenue Experts Page 2 of 11 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 Police, 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. Data Ticket Inc. dba Revenue Experts Page 3 of 11 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, pursuant to 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. Data Ticket Inc. dba Revenue Experts Page 4 of 11 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor 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 under which 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. Data Ticket Inc. dba Revenue Experts Page 5 of 11 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 Data Ticket Inc. dba Revenue Experts Page 6 of 11 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 under this 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. Data Ticket Inc. dba Revenue Experts Page 7 of 11 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 Data Ticket Inc. dba Revenue Experts Page 8 of 11 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 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 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. 3.5.12 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. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 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. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 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. Data Ticket Inc. dba Revenue Experts Page 9 of 11 3.5.17 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. 3.5.18 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. 3.5.19 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. 3.5.20 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. 3.5.21 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 written approval of City, Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Data Ticket Inc. dba Revenue Experts Page 10 of 11 [signatures on next page] Data Ticket Inc. dba Revenue Experts Page 11 of 11 CITY OF ROSEMEAD DATA TICKET INC. DBA REVENUE EXP RTS By: ! By: 1. AA (%. ,. City Manager Name: Lis ....�.:.� Attest: Title: �� L ift.,,S Gloria Molieda 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:A, ►"� � e'w, '"ti W 1L{, -C ,� 1/ Name: CityyAttomey Title: ( �oL'e-rpc7 02/08 Document2 EXHIBIT A SCOPE OF SERVICES See attached proposal A-1 DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET int 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming(°?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 Paramount 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 - 1 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(a.DataTicket.com 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. - 2 — DAlA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET mc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming(a7DataTicket.com 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 - 3 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET- in(' 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax M Fleming(a.,DataTicket.com 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. - 4— DATA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MRem ing(a,DataTicket.com 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. - 5 — DATA 1111 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax M FleminqaDataTicket.com 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. - 6 — DATA II e, Suite 4600 Newport BeaDch,/CA 926 000 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming(a7DataTicket.com ARTICLE III — WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations and information relating to changes in status. 3.2 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, (24/7) 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 -7 — .r. • DA1i ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemingADataTicket.com 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, - 8 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TIGKET Inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFieminqaDataTicket.com 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. - 9 — DATA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET 'n'. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming{t�DataTicket.com 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. - 10 — DATA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminc(c DataTicket.com 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. - 11 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET'. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemingaDataTicket.com 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 - 12 — DATA 111 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(c DataTicket.com 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. - 13 — DAlA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET 'nC. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqaDataTicket.com 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 - 14 — DATA MI 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET-1"c- 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqADataTicket.com Signature Signature Print Name and Title Print Name and Title Date Date - 15 - •:•. . • EXHIBIT B SCHEDULE OF SERVICES Included in Exhibit A B-1 EXHIBIT C COMPENSATION See attached schedule C-1 DI DATA TI KETNc. 14E REYENUEE CPERl°'S INC. 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 1St Notice of Delinquency to be sent to the responsible party • In addition to the 1St Notice of Delinquency, two additional notices will be sent to the responsible party, at a time frame to be defined by the City • Notices will include a return envelope in which the responsible party may submit payment • Notices will be sent via 1st Class Mail, for which Data Ticket will be responsible • All adjudication services, including placing citations on a hearing hold, scheduling each hearing, and sending a scheduling letter to the Appellant • Custom judgment letter will be sent to the Appellant via Certified Mail • All letters will be available on the web for City personnel to view and/or re- print at anytime *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 D 1 DATA T1CKETN, 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 1st Class Mail Conversion: $0.00 • Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City • Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner • Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this • Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 DATA TIC TICKET E REVENUEEXPERTS,NC. City of Rosemead Administrative Citation Processing Services Proposal Online Access: $0.00 Services for the above-mentioned item includes: ® Access via the Internet for the City's citizens and visitors to perform as many functions as the City desires. Other: ® A convenience fee will be assessed to the citizen in the event they choose to pay online or via the IVR or phone • An administrative fee will be assessed to citizens who wish to participate in a payment plan will be available to citizens. This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the citizen confirming the details of the payment plan. Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 �r STEVEN LY Q `y 9 p i 017c ad MAYOR PRO TEM: `J SANDRA FWMENTA civic PR.DE 8838 E. VALLEY BOULEVARD•P.O.BOX 399 COUBILLNCIL ALARCON�$ S )/ ROSEMEAD, CALIFORNIA 91770 MARGARET LCLARK nco 050 TELEPHONE(626)569-2100 FAX(626)307-9218 November 1, 2011 ATTN: Bill Fleming Data Ticket Inc. dha Revenue Experts 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Dear Mr. Fleming: Enclosed is a fully executed original agreement for your files. The City of Rosemead looks forward to working with Data Ticket Inc. Should you have any questions, feel free to contact the City Clerk's office at(626) 569- 2177. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURE:1 ORIGINAL PROFESSIONAL AGREEMENT Client#:,1215477-7-..�_.-.w. _,...... DATTI •ACORDTM CEI TI.ICAT 'O• P LIABILITY INSURANCE DATE( 2011YYY) PRODUCER - i (THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook-Clevidence, Inc. !ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 W. MacArthur Blvd.,#320 i NOV ti g (j11 ;HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTERgTHE COVERAGE AFFORDED BY THE POLICIES BELOW. License#0188788 , j Santa Ana, CA 92704 1 'k`t' }' i.....-1.2..i."` `,.4't . t'7 '� '.`"`l INSURERS AFFORDING COVERAGE NAIC t$ INSURED 1 W.I INSURER A: Hartford Casualty Ins Co Data Ticket,Inc. ibat Revenue„Experts-- INSURER e: Hartford Ins Co of the Midwest 4600 Campus Drive#200 INSURER C: Continental Casualty Co Newport Beach,CA 92660 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR iADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRC DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 57SBAIA9147 11/01/11 11/01/12 EACH OCCURRENCE $2,000,000 TX COMMERCIAL GENERAL LIABILITY PRPREEMIMI ESESS(RENTED occurrence! $300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 —7 POLICY ECT LOC A AUTOMOBILE LIABILITY 57SBAIA9147 11/01/11 11/01/12 COMBINED SINGLE LIMIT $2,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: qGG $ A EXCESS/UMBRELLA LIABILITY 57SBAIA9147 11/01/11 11/01/12 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 _--_ $ DEDUCTIBLE $ X RETENTION $10000 $ B WORKERS COMPENSATION AND 57WECZY4666 07/12/11 _ 07/12/12 X I NI WR TS OTH- ER NITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ----- OFFICERJMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below _ _ _ E.L.DISEASE-POLICY LIMIT $1,000,000 _ C OTHER Professional 287188360 11/01/11 11/01/12 $2,000,000 Limit Liability(E&O) $10,000 Retention DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Rosemead, its'officals,employees and agents are included as additional insureds as respects the general liability coverages as per the attached verbiage from the policy, including waiver andprimary and non-contributory. Blanket waiver of subrogation as respects to the workers'compensation coverages is also attached. CERTIFICATE HOLDER CANCELLATION *10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rosemead DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRI/TEN ATTN:Gloria Molleda, City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 8838 East Valley Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Rosemead,CA 91770 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 #S207631M20761 SXL 0 ACORD CORPORATION 1988 fi M F S O9 ` ROSEMEAD CCITY COUNCIL STAFF REPORT roCokPooRA7EU �'54 TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: JEFF ALLRED, CITY MANAGER 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 NO. ._ _. __ STEVEN LY Q • O V� f osesea MAYOR PRO TEM: - 1 (('"`'' SANDRA ARMENTA CIVIC `R1°E 8838 E.VALLEY BOULEVARD•P.O.BOX 399 COUNCIL MEMBERS: �� BILL ALARCONROSEMEAD, CAUFORNIA 91770 r+ MARGARET CLARK W �, TELEPHONE(626)569-2100 POLLY FAX(626)307-9218 October 26, 2011 ATTN: Bill Fleming Data Ticket Inc. dba Revenue Experts 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Dear Mr. Fleming: At their regular meeting of the Rosemead City Council held on October 25, 2011, the City Council awarded the professional service agreement for parking and administrative citation processing services to Data Ticket, Inc. Enclosed please find two original agreements which need your signature and a self addressed envelope to return both agreements. Once fully executed an original agreement will be mailed to you. Should you have any questions, feel free to contact the City Clerk's office at(626) 569- 2177. Thank you in advance for your prompt attention to this matter. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURE:2 ORIGINAL PROFESSIONAL AGREEMENTS EXHIBIT A SCOPE OF SERVICES See attached proposal A-1 DATANI 4600 Campus Drive, Suite 200 HNewport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(a 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 Paramount 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 - 1 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET in". 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming0DataTicket.com 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. - 2 — DIEI 1111 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(a7DataTicket.com 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 - 3 — -.. .. . . : t::' . DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inC. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming[cr?DataTicket.com 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. - 4 — DATA a 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET iter. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(cr�,DataTicket.com 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. - 5 — DAlA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET'". 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax M Flemincq(aDataTicket.com 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. - 6 — Di1i% ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqADataTicket.com ARTICLE III — WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations and information relating to changes in status. 3.2 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, (24/7) 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 - 7 — DATA le 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET mc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemingDataTicket.com 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, - 8 — DATA ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET in'. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming(a7DataTicket.com 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. - 10 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax IUIFlemingADataTicket.com 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. - 9 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq( DataTicket.com 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. - 11 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET mc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleming(a DataTicket.com 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 - 12 — DAI/ ® 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET ink. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemingADataTicket.com 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. - 13 — D 1A I I 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 T ICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq(cr�,DataTicket.com 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 • - 14 - 1.... "+;':§:: :'•i.':,y::...i> [:•c: . .,': ,' _ DATA le 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 -ricKET inC. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemincaDataTicket.com Signature Signature Print Name and Title Print Name and Title Date Date - 15- EXHIBIT B SCHEDULE OF SERVICES Included in Exhibit A B-1 EXHIBIT C COMPENSATION See attached schedule C-1 DI ®ATATICKETiNC. icREVENUEEXPERTSINc. 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 1st Notice of Delinquency to be sent to the responsible party • In addition to the 1St 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 o Notices will be sent via 1st Class Mail, for which Data Ticket will be responsible • All adjudication services, including placing citations on a hearing hold, scheduling each hearing, and sending a scheduling letter to the Appellant • Custom judgment letter will be sent to the Appellant via Certified Mail • All letters will be available on the web for City personnel to view and/or re- print at anytime *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 o 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. REVENUEEXPERTSINC. 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 1st Class Mail Conversion: $0.00 • Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City • Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner • Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 CDATAT1CKET,Nc. 1E REYENUEE)CPERTS,,. 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 EXHIBIT D 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-or better and a minimum financial size VII. 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, D-2 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. D-4 MAYOR: Cityof nisemead SANDRA ARASFNTA MAYOR PRO TEM: Po[.(� Lots' t! 8X38 L. VALLEY not:L1:N.ARl)I'.0 BOX 399 I ii•►1ROSI M1.A1).CALIFORNIA 91770 COUNCIL MEMBERS: I H.EYI I INF(b26r 569-2100 WILLIAM ALARCON ,'v1AR6ARFT CLARK 1 AX(626)3(17.921:( STFVFN l.Y AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement of October 25, 2011, for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations between the City of Rosemead and Data Ticket, Inc. is amended as follows: 1. Subsection 3.1 Scope of Services and Term is amended to reflect the following: The term of this agreement will be extended to October 31, 2017, 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. 2. All other terms and conditions contained in the Professional Services Agreement shall remain in full force and effect. Executed this ?f � day of TOtltJ�OTt ,20 J Data Ticket, Inc. City of Rosemead 7 7 ` By: � :� V- • Name: 5. r\, , Title: l%>tz/ 4ci' t fqr 4/'44'"r--- _ Title: '- -c--1 ,--\A•a.a ti;- Address: �LpG-00 /Jr/r . J,C,z-co Address: /24Ala t. /1 r7J6. 1\o5 A c> G A ci 11 07/11/2014 12:52 FAX 714 979 2809 ASHBROOK-CLEVIDENCE.INC. CUL/1/Lit/1 Client#: 1215 DATTI — ACORD-.. CERTIFICA1 F. OF LIABILITY INSURANCE DATEI o�4wY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook-Clevidence, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3000 W. MacArthur Blvd., #320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License#0188788 I Santa Ana, CA 92704 INSURERS AFFORDING COVERAGE GE�y INSURED INSURER A. State Compensation Ins.Fund ��R(1$EMEAD Data Ticket, Inc.dba: Revenue Certs urryINSURER B: fj}(V{��_ 4600 Campus Drive#200 INSURER C. ,uL Newport Beach,CA 92660 INSURER 0, INSURER E: COVERAGES (r THE POLICIES CF INSURANCE LISTED BELOW HAVE N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA S ANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY C RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE B REDUCED BY PAID CLAIMS — TNSR ADD'LPOLICY EFFECTIVE POLICY EXPIRATION LIMITS —_ LTR NSRC TYPE OF INSURANCE ICY NUMBER DATE IMMIDDIYYI DATE-(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES/Ea:.ere-ical 5 ICLAIMS MADE n OCCUR MED EXP(Any cne person) 5 PERSONAL&ACV INJURY _S GENERAL AGGREGATE S GENt AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG 5 nPOLICY n PR6 n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) —ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS - s HIRED AUTOS___ BODILY INJURY S (Per ac.:aent) NON-OWNED AUTOS PROPERTY DAMAGE S .— (Par aceddnt) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S ANY AJTO OThER THAN E4 ACC S _, AUTO ONLY: AGO 5 EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR 1 CLAIMS MADE AGGREGATE S S I DEDUCTIBLE S RETENTION S __ - S WC STATU- UTH- A WORKERS COMPENSATION AND 90657 014. 07/12/14 07/12/15 X TORY I MTS ER --- EMPLOYERS•LIABILITY _E.L.EACH ACCIDENT 51,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.DISEASE-EA EMPLOYEE 51,000,000 • OFFICER>f.fEA(BEREXCL'JOEO? YES _ II Ves.describe under E L DISEASE-POLICY i,uIT S 1_00 0,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EX ,IONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Blanket Waiver of Subrogation in favor of, tificate Holder. CERTIFICATE HOLDER CANCELLATION 0 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rosemead DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN:Tonirose Mednilla NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Asst.to City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR 8838 East Valley Blvd. REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Rosemead,CA 91770 ACORD 25(2001108)1 of 2 #S27186/ '182 Ems'`' ` O C - ACORD CORPORATION 1998 ` Client#: 12154 DATTI 33`'+C ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDOPITYY) 10/30/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook-Clevidence,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 W.MacArthur Blvd.,#320 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License#0188788 Santa Ana, CA 92704 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A- Hartford Casualty Ins Co Data Ticket,Inc.dba: Revenue Experts INSURER B: State Compensation Ins Pnd 4600 Campus Drive:#200 INSURER C. Continental Casualty Co. Newport Beach,CA 92660 INSURER D. _INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDII IONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDPOLICY EFFECTIVE POLICY EXPIRATION ,LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/VY) DATE{MMUDD/YY) LIMITS A GENERAL LIABILITY 84SSAIA9147 11/01/13 11/01114 EACH OCCURRENCE 52,000 00Q X COMMERCIAL GENERAL LIABILITY PDAMAGE REM SETO RENTED Teel 5300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY 52,000,000 ' GENERAL AGGREGATE 54,000,000 (`CERYL AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG 54,000,000 11 I I POLICY n.78.i. FlocC A AUTOMOBILE LIABILITY 84SSAIA9147 11101/13 11/01114 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $2,000,000 ALL OWNED AJTOS SCHEDULED AUTOS BODILY Stperson) 5 (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) 4 PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO EA ACC $ OTHER THAN AUTO ONLY. AGG S A EXCESS/UMBRELLA LIABILITY 84SBAIA9147 11/01/13 11)01/14 'EACH OCCURRENCE 51,000,000 OCCUR f I CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE S '_ X RETENTION 5 10000 B WORKERS COMPENSATION AND 90657312013 07/12/13 07/12/14 X WC STATU- 'OTH- EMPLOYERS'LIABILITY _ TORY LIMITS FR ANY PROPRIETOPJPAR F NER,'tXECUTIVE - E.L.EACH ACCIDENT sI 000,000 CFFiCER:MEMDER EXCLUDED? E.L.DISEASE-EA EMPLOYEE 51,000,000 IT yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional 287188360 11/01/13 11/01/14 $2,000,000 Limit Liability(E&0) $10,000 Retention Claims Made I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Rosemead,its'officials,employees and agents are included as additional insureds as respects the general liability coverages as the attached verbiage from the policy, including waiver of subrogation and primary and non-contributory. 1 CERTIFICATE HOLDER CANCELLATION *10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rosemead Public Safety DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 130 DAYS WRITTEN ATTN: Ray Rodriguez NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 8301 E.Garvey Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Rosemead,CA 91770 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001105) \ 14.4-4-4 --..,e' —�_ 1 of 2 #S25952/M25948 SXt, to ACORD CORPOr ATION 13x8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #525952/M25948 l } BUSINESS LIABILITY COVER/a:aE FORM This Paragraph 1. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy Is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This Insurance is excess over any of the insured;or other Insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: ail of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of owner; liability signed by us, the insured and the claimant or the claimants legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to b. Separately to each insured against whom a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages, 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 0:24 For,: SS 38 _4 .5 } BUS,,.1SS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of art deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other Insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit,of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first written agreement or permit that if any of the other insurance does not permit this Insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them, At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b)do not apply to • apply to Medical Expenses Coverage, other insurance to which the additional . Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. if the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prier to the injury or damage, Fore SS 00 08 04 05 Page 17 of 2' • BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. Is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for`bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown In the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to [ease that behalf: equipment. a. in the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to Include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. Is insured —Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to Lability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following 9 additional exclusions apply: b. With respect to the insurance afforded to This insurance does not I to: these additional insureds, the following apply additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations S. Additional insured - State Or Political performed by or on behalf of such Subdivision -Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 Client#: 12154 DATTI 33(17 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE( 2013 MMIDD/TYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook-Clevidence, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 W.MacArthur Blvd.,#320 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License#0188788 Santa Ana,CA 92704 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Hartford Casualty Ins Co Data Ticket,Inc.dba: Revenue Experts INSURER B. State Compensation Ins Fnd 4600 Campus Drive#200 INSURER c: Continental Casualty Co. Newport Beach,CA 92660 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L r. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC DATE IMM/DD/YY) DATE IMM/DD/YY) A GENERAL LIABILITY 84SBA1A9147 11/01/13 11/01/14 EACH OCCURRENCE 1c2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES ESESS((RENTEDEa occurrence) $300,000 _ CLAIMS MADE n OCCUR EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 • GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OPAGG $4,000,000 POLICY n PJRO- —1LOC, ECT A AUTOMOBILE LIABILITY 84SBA1A 14�'.:': `-- 11/01/13 11/01/14 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $2,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ A EXCESS/UMBRELLA LIABILITY 84SBAIA9147 11/01/13 11/01/14 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE X RETENTION $10000 B WORKERS COMPENSATION AND 90657312013 07/12/13 07/12/14 XTORY I IFd17WC STATU5- OTH- � EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 _ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional 287188360 11/01/13 11/01/14 $2,000,000 Limit Liability(E& 0) $10,000 Retention Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS The City of Rosemead,its'officals,employees and agents are included as additional insureds as respects the general liability coverages as per the attached verbiage from the policy, including waiver andprimary and non-contributory. CERTIFICATE HOLDER CANCELLATION *10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rosemead DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN ATTN:Gloria Molleda NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR 8838 East Valley Blvd. REPRESENTATIVES. Rosemead,CA 91770 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S25951/M25948 SXL 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/1)8) 2 of 2 #S25951IM25948 • BUSINESS LIABILITY COVERAJE FORM 1 This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the Inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. if other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c. No person or organization has a right under below. this Coverage Form: b. Excess Insurance a. To join us as a party or otherwise bring us into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, contingent or on any other basis: b. To sue us on this Coverage Form unless ail of its terms have been fully complied (1) Your Work _ with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the (3) Tenant Liability claimant or the claimant's legal representative. 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: (4) Aircraft,Auto Or Watercraft a. As if each Named Insured were the only 1f the loss arises out of the maintenance Named Insured;and or use of aircraft,"autos"or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion g. of a claim is made or"suit"is brought. Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion k. of Section A. — (2) Those statements are based upon Coverages. representations you made to us; and ,Page 16 of 24 Form 35 00 08 04 05 3 BUSS, SS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional, Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That Is other insurance available to exceeds the sum of; you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit_of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurers share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery if you have agreed in a written If the Insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional Insured's own transferred to us. The Insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us • insurance. enforce them. This condition does not Paragraphs (a) and (b)do not apply to • apply to Medical Expenses Coverage. other insurance to which the additional . Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 or 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. Is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown In the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to Include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, In these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing S. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership,maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the Insurance afforded to these additional insureds, the following This Insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This Insurance does not apply to: after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C.is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 ',ANDRN:ASA.n1n S City of nutmeat IAS O MASON PRO TEAT: :Tlm° SEW L.VA! IFI HOELF ARO PO BOX 399 ojn ROSE WAIT f ILII URNIA 91-T; CO(ACII.MEMBERS: I HLF PER INF IG261 569--'_IU{ M.. I iAv ALARCOv M.ARCAPF.Cum!, AN.152(B 307-92 B4 S TvTs AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement of October 25, 2011, for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations between the City of Rosemead and Data Ticket, Inc. is amended as follows: 1. Subsection 3.1 Scope of Services and Term is amended to reflect the following: The term of this agreement will be extended to October 31, 2017, 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. 2. All other terms and conditions contained in the Professional Services Agreement shall remain in full force and effect. reA Executed this 5 day of TOAUOT D , 201 Data Ticket,Inc. \J City of Rosemead By: `. tiLC-✓��?f By: Lis.-C R . Name: kileivc Name: 115.__ c. VN.>.,, s Title: /Tzr/ r j//c,-F— Title: Address: 7/,0 7,,,,,j,„„: Address: ..2p...-=1 n. q/1,149"/ .7.2?"(F < A Cj 24u0 1�Qt.c E � ._A "t viio CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this 25th day of October, 2011 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. 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. Data Ticket Inc. dba Revenue Experts Page 2 of 11 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 Police, 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. Data Ticket Inc. dba Revenue Experts Page 3 of 11 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 forthe 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, pursuant to 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. Data Ticket Inc. dba Revenue Experts Page 4 of 11 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor 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 under which 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 underthis Agreement atthe 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. Data Ticket Inc. dba Revenue Experts Page 5 of 11 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 Data Ticket Inc. dba Revenue Experts Page 6 of 11 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 under this 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. Data Ticket Inc. dba Revenue Experts Page 7 of 11 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 orvolunteers, 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 Data Ticket Inc. dba Revenue Experts Page 8 of 11 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 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 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. 3.5.12 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. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 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. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 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. Data Ticket Inc. dba Revenue Experts Page 9 of 11 3.5.17 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. 3.5.18 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. 3.5.19 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. 3.5.20 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. 3.5.21 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 written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Data Ticket Inc. dba Revenue Experts Page 10 of 11 [signatures on next page] Data Ticket Inc. dba Revenue Experts Page 11 of 11 CITY OF ROSEMEAD By: City Manager Attest: a Gloria Molledaf City Clerk Approved as to Form: Rachel Richman City Attorney 02/08 Document2 DATA TICKET INC. DBA REVENUE Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] M Name, L/(h tt / p, l Alell-k Title: C� WIT-1 1 SCOPE OF SERVICES See attached proposal m DATA 0 TICKET inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MF]eming@DataTicket.com 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") UMN 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 Paramount 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 - 1 — DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingp_DataTicket.com 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. -2— DATA M 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 -3— DATA M 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax M Flem ingC_DataTicket.com 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. DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingODataTicket.com 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. -5— 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. ' 1 1 ARTICLE III - WEB SITE 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleminp(&DataTicket.com 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, (24/7) 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 -7— DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming @DataTicket.com 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, WE DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax M Flem ing(a)DataTicket.com 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. W6>D DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Inc. 949 752 6937 (x) 310 - Phone TIC ET 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. -10— DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. - 11 — DATA E TICKET Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 rig hts. 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 -12— ' 1 1 U 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. -13— DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 -14— TM I Signature Print Name and Title Date 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingoDataTicket.com Signature Print Name and Title Date -15— */:Illki� SCHEDULE OF SERVICES Included in Exhibit A 11.15 EXHIBIT C COMPENSATION See attached schedule C -1 FDRDATATICKETNC. FUE REVENUEE PERTS 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 1St Notice of Delinquency to be sent to the responsible party • In addition to the 1St Notice of Delinquency, two additional notices will be sent to the responsible party, at a time frame to be defined by the City • Notices will include a return envelope in which the responsible party may submit payment • Notices will be sent via 1St Class Mail, for which Data Ticket will be responsible • All adjudication services, including placing citations on a hearing hold, scheduling each hearing, and sending a scheduling letter to the Appellant • Custom judgment letter will be sent to the Appellant via Certified Mail • All letters will be available on the web for City personnel to view and /or re- print at anytime *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. F3 IcREVENUEEXPERTSINC. 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 1St Class Mail Conversion: $0.00 Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this Phone: 949 752 6937 Fax: 949 752 6033 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 DATA T I CKETNC. Fi-EI 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 MAYOR: STEVEN LY MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS: BILLALARCON MARGARET CLARK POLLY LOW November 1, 2011 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 ATTN: Bill Fleming Data Ticket Inc. dba Revenue Experts 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Dear Mr. Fleming: Enclosed is a fully executed original agreement for your files. The City of Rosemead looks forward to working with Data Ticket Inc. Should you have any questions, feel free to contact the City Clerk's office at (626) 569- 2177. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURE: 1 ORIGINAL PROFESSIONAL AGREEMENT - Client #: 12154 DATTI ACORD,M CERTIFICATE LIABILITY INSURANCE DATE(MMIDDIYYYY) °OF INSR LTR 11/6312011 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook- Clevldence, Inc. 1 5 3000 W. MacArthur Blvd., #320 Nov tP 1j h t I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ;HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #0188788 i Santa Ana, CA 92704 INSURERS AFFORDING COVERAGE NAIC # INSURED Data Ticket, Inc #Iba__Revenue Experts -- 4600 Campus Drive #200 Newport Beach, CA 92660 INSURER A: Hartford Casualty Ins Co 11/01/11 INSURERS Hartford Ins Co of the Midwest INSURER C: Continental Casualty Co INSURER D: X COMMERCIAL GENERAL LIABILITY INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM /ODM POLICYEXPIRATION DATE MM /DDNY LIMITS • GENERAL LIABILITY 57SBAIA9147 11/01/11 11/01/12 EACH OCCURRENCE $2000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $366 666_ CLAIMS MADE FxI OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY s2,000,000 - GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $4000000 POLICY PHI- LOG JECT • AUTOMOBILE LIABILITY ANY AUTO 57SBAIA9147 11/01111 11/01/12 COMBINED SINGLE LIMIT (Ea accident) $2,0009000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGO A EXCESSIUMBRELLA LIABILITY 57SBAIA9147 11/01/11 11101/12 EACH OCCURRENCE $1006000 X OCCUR FI CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND 57WECZY4666 07/12/11 07112/12 1( WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,006000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED'! If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional 287188360 11101/11 11101/12 $2,000,000 Limit Liability (E &O) $10,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Rosemead, its' officals, employees and agents are included as additional insureds as respects the general liability coverages as per the attached verbiage from the policy, including waiver andprimary and non - contributory. Blanket waiver of subrogation as respects to the workers' compensation coverages is also attached. /U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rosemead DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *20 DAYS WRITTEN ATTN: Gloria Molleda, City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 8838 East Valley Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Rosemead, CA 91770 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S207631M20761 SXL W AUUKU l U!` rvKAI wIN -Iaoa MLAMM ROSEMEAD CITY COUNCIC .CIVIC PPCriE, STAFF REPORT A X �A TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: JEFF ALLRED, CITY MANAGER 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 MAYOR: STEVEN LY MAYOR PRO TEM: SANDRA ARMENIA COUNCIL MEMBERS: BILL ALARCON MARGARET CLARK POLLY LOW October 26, 2011 ATTN: Bill Fleming 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Data Ticket Inc. dba Revenue Experts 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Dear Mr. Fleming: At their regular meeting of the Rosemead City Council held on October 25, 2011, the City Council awarded the professional service agreement for parking and administrative citation processing services to Data Ticket, Inc. Enclosed please find two original agreements which need your signature and a self addressed envelope to return both agreements. Once fully executed an original agreement will be mailed to you. Should you have any questions, feel free to contact the City Clerk's office at (626) 569- 2177. Thank you in advance for your prompt attention to this matter. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURE: 2 ORIGINAL PROFESSIONAL AGREEMENTS C� WIT-1 1 SCOPE OF SERVICES See attached proposal m DATA 0 TICKET inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MF]eming@DataTicket.com 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") UMN 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 Paramount 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 - 1 — DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingp_DataTicket.com 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. -2— DATA M 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 -3— DATA M 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax M Flem ingC_DataTicket.com 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. DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingODataTicket.com 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. -5— 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. ' 1 1 ARTICLE III - WEB SITE 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleminp(&DataTicket.com 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, (24/7) 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 -7— DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming @DataTicket.com 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, WE DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax M Flem ing(a)DataTicket.com 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. W6>D DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Inc. 949 752 6937 (x) 310 - Phone TIC ET 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. -10— DATA N 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. - 11 — DATA E TICKET Inc. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 rig hts. 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 -12— ' 1 1 U 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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. -13— DATA 0 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFleming@DataTicket.com 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 -14— TM I Signature Print Name and Title Date 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone 949 - 752 -6033 - Fax MFlemingoDataTicket.com Signature Print Name and Title Date -15— */:Illki� SCHEDULE OF SERVICES Included in Exhibit A 11.15 EXHIBIT C COMPENSATION See attached schedule C -1 FDRDATATICKETNC. FUE REVENUEE PERTS 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 1St Notice of Delinquency to be sent to the responsible party • In addition to the 1St Notice of Delinquency, two additional notices will be sent to the responsible party, at a time frame to be defined by the City • Notices will include a return envelope in which the responsible party may submit payment • Notices will be sent via 1St Class Mail, for which Data Ticket will be responsible • All adjudication services, including placing citations on a hearing hold, scheduling each hearing, and sending a scheduling letter to the Appellant • Custom judgment letter will be sent to the Appellant via Certified Mail • All letters will be available on the web for City personnel to view and /or re- print at anytime *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. F3 IcREVENUEEXPERTSINC. 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 1St Class Mail Conversion: $0.00 Data Ticket will convert the citations currently with the City's existing vendor at no cost to the City Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner Noticing and the processing of the citations will begin once a registered owner is retrieved as the City's current vendor is not performing this Phone: 949 752 6937 Fax: 949 752 6033 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 DATA T I CKETNC. Fi-EI 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 EXHIBIT D 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- or better 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 M 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, MIA 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. NO MANOR: ANDRAA City of&a nzea l SANDRA APRO>TE >UYOR I'RO TEM: Ponrlrnv yy,tJ J ROSE e. V11 I F A ROII I I X ARn I'.U BOX 399 t� ROSrMI AIJ ( AI II ORNIA91770 (OrNf11.MEMBERS: I)1.FPI 11 NE 1)25FSGV-2100 W aII AM AI nxan Al mu, u-r 0 nu, HAY 025) 10)12E1 STRVFN Le AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement of October 25, 2011, for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations between the City of Rosemead and Data Ticket, Inc. is amended as follows: 1. Subsection 3.1 Scope of Services and Term is amended to reflect the following: The term of this agreement will be extended to October 31, 2017, 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. 2. All other terms and conditions contained in the Professional Services Agreement shall remain in full force and effect. Executed this 3fd day of TOAUD1 /� , `2017 Data Ticket, Inc. `J City of Rosemead BY�%»/r//i--.Lp,/c4 l By: R . -,-r-�«;,, Name: 4 4;7 3 A,/ Name: t.__ SL s Title: z tr/ii■✓vny di/ocIr Title: r- a: i inm�1-+ Orn c- )d.j Address: t e, E . 1 c n •"z1. r V,o>�r.aa %> ca `919'10 07/11/2014 12:52 FAX 714 979 2809 ACORD- CERTIFICAI F AshbrookClevidence, Inc. 3000 W. MacArthur Blvd., M320 Santa Ana, CA 92704 Data Ticket, Inc. dba: Revenue 4600 Campus DrIVe 0200 Newport Beach, CA 92660 CLAIMS LAOS uocc. µ10WNEDAUTDS SCHEDULED ALTOS HIRED AUTOS NONDxRED ALTOS AGE LIABILITY ANYAUTO DEDUCTIBLE RETENTION 5 A MRMNERSCGNFENSATX]NANO 90657 EMPLOYERS' LIABBOY ANYPROPRIETONFARTNEWE%ECUTNE OFFINISMEMBER E%0.UDEDT YES ASHBROOR- CI.EVIDENCE.INC. Rj001 0001 qO - LJ6-C OF LIABILITY INSURANCE oiiiii2oia HUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE e lerts INSURER, State Compensation Ins. Fund INSURER B: Ew INSUaER C: 5 INSURER O', S WSUPERE s . N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI y ANDING !RAM OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR '.DIES DESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH REDUCED BY PAID CLAIMS. HUMBER PO GC DATE POLIGYE%PIRATION lMI$ LACHOCCURRENGE 5 AMAGE TORENTED S WED ES' W, H"Mnm) s . PERGGNAISAOVINJURY S GENERAL AGGREGATE 5 PPWUCTSLOMPIW PGO 5 _ ..MEW SINGLE UNIT YES 5 INODVY 1Pel Co—I INJURY S (Per ILLYN IRY 5 PROPERTY DAMAGE $ AUTOONLb SAACCIDENT 5 OTHERTHAN EAACC AUTOONLY: A. 5 5 EACH OCCURRENCE S AGGREGATE 6 f S -:Otb 07/12114 07/12/15 X We BTAm. OTH EL.EACNACCOENT St 000000 E L. 015FASE. EA EMPLOYEE 17r000 000 E.LOBEASE- POLICYLINIT WID00,000 DESCRIPTION OP OPERATN)NSI LOCATIONS I VEHICLES I BE ;A... ADDED BY ENDORSEMENT I SPECIAL FROV.— Blanket Waiver of Subrogation In favor of I -: Iti9cale Holder. City of Rosemead ATTN: Tonirose Mednilla Asst. to City Clerk 8838 East Valley Blvd. Rosemead, CA 91770 Of THE ABOVE DESCRIBED POLICIES OE CANCELLED BEFORE THE EXPIRATION M. THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYSWBnTEN IE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL !LIGATION OR LIABILITY OF ANY %INO UPON THE INSURER. RB AGENTS OR oft #527186/'17102 '�OSEd 0 ACORD CORPORATION 1998 ON— ...... n ACORUY CERTIFICATE OF LIABILITY LAI 11 INSURANCE °PLENUM'OCIYYYV) PRODUCER Ashbrook- Clevidence, Inc. 3000 W. MacArthur Blvd., #320 License #0188788 ,0/30/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Hartfortl Casualty Ins Cc NAIL # Santa Ana, CA 92704 INSURED Data Ticket, Inc. Revenue Experts 4600 Campus Drive e #200 Newport Beach, CA 92660 INSURER B State Compensation Ins Fnd A INGLHER C. Continental Casualty Co. ...ONALUABLITY X IrrsuaER G. 84SBAIA9147 11/01/13 COVFRGf.FS INSURER E Q 00000 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDI I IONS OF SUCM POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFCTIVE ABD CC EIXPIRATIION Ts A ...ONALUABLITY X CDMMERCAL GCNEKA ANILITV AIM9 MADE �O C 84SBAIA9147 11/01/13 11/01/14 EACH OCCUNN11GF DAMAGE rO 'y N?ED Q 00000 x300000 EDE %PIAnEml.,ao� $30 ,0g PERSONAL &ADS INJURY x2000000 GENERAL AGGREGATE $4004000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY jE T LOU PRODOOTS- COMPIOPAGG $4008000 A AUTOMOBILE LABILITY ANY AUTO ALL Ov AXED A,RO$ SCHEDULED AUTOS NF.Amo3 NDN9WNE]AUT09 84SBAIA9147 11/01113 11/01/14 COMBINED SINGLE LIMIT (E. AAMIMU) $2,000,000 BGOILIGuRY �1 $ X (PalaNANIo RY S X PROPER IY DAMAGE YN Ecl�enn $ A _ B C GARAGE LIABILITY ANY AUTO EXCESS)UMBRELLA LABILITY X OCCOR EI CUIMSROLE DeoucnBLE _ X RFTErvnoN _ s 10000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY CROORSTOOWPARIINEE�� ECDTIVE /rya:. ean..N �ma. SPECIAL PRO'SIONS IoIY. OTHER professional Liability (E & O) Claims Made 84SBAIA9147 90657312013 287188360 11/01/13 11101/14 TO ONLY � EA ACCIDENT $ .1 ERTHAN EA ACC ALTO ONLY AGG EACH C—I RRINCE $ $ $1000000 AGGREGATE A 000 00D 07112/13 11/01113 07112/14 11/01114 X wCSTATU" _— E L. EACH ACCIDENT $1000000 EL DISEASE- EAEMPLOYEE 11,000,000 DISEASE. POLICY LIMIT $2,000,000 Limit $10,000 Retention $1000,000 DESCRIPTION OF OPERA➢ONB I LOCATIONS VEHICLES I EXCLUSIONS ADDED BY EXOORBEMEXTI $PECPL PgOVI510N3 The City of Rosemead, its' officials, employees and agents are included as additional insureds as respects the general liability Coverages as the attached verbiage from the policy, including waiver of subrogation and primary and noncontributory. City of Rosemead Public Safety ATTN: Ray Rodriguez 8301 E. Garvey Avenue Rosemead, CA 91770 1 oft #S25952/M25948 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 3NEOE THE ISSUING M$URER WILL EN..DR TO NAIL *10 DAYSWRITTEN O THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO Be SNALL IN OBLIGATION OR LIABILITY OF ANY RING UPON TINE INSURER, ITS AGENTS OR CYI IMPORTANT If the certificate holderis an ADDITIONAL INSURED, the policyhes)must be endorsed. Astatement on this certificate does not confer rights to the certificate holder in lieu of such emorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25S (2001108) 2 01`2 #S25952IM2594R BUSINESS LIABILITY COVERAt E FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily Injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against W insured; but we will not be Gable for damages that are not payable under the terms of this insumnoe or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or dudes specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or 'suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 o %24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Otherinsurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance Is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This Insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. - Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. For:- SS u' 78 7d ;9 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other Insurance available to an additional insured. However, the following provisions apply to other Insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed In a written contract, written agreement or permit that this Insurance be primary. If other Insurance Is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUS ... ESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We wig share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part., c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each Insurer contributes equal amounts until it has paid its applicable limit,of insurance or none of the loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will contribute by limb. Under this method, each Insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed pr,cr to the Injury or damage. For, SS 03 08 04 05 ?age 17 ,r 2 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" mused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. Is amended to include as an additional insured the person(s) or organizaton(s) shown in the Declarations as an Additional Insured - Desgnated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured- Grantor Of Franchise WHO IS AN INSURED under Section C. Is amended to include as an additional insured the person(s) or organizafion(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for 'bodily injury-, "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the Insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. S. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to Include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Of Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 Client #: 12154 DATTI 33(0 ACORD. CERTIFICATE OF LIABILITY INSURANCE rv) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS - INSR LTR 10/30/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ashbrook - Clevidence, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 W. MacArthur Blvd., #320 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #0188788 GENERAL LIABILITY 84SBAIA9147 Santa Ana, CA 92704 INSURERS AFFORDING COVERAGE NAIC # INSURED Data Ticket, Inc. Revenue Experts 4600 Campus Drive ive #200 Newport Beach, CA 92660 INSURER A. Hartford Casualty Ins Co INSURER B: State Compensation Ins Fnd p 11 I �T ( INSURER C: Continental Casualty Co. INSURER O: $300000 INSURER E: $10,000 PERSONAL 8 AOV INJURY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS - INSR LTR ADD-L INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDONY POLICY EXPIRATION DATE MMIDD LIMITS A GENERAL LIABILITY 84SBAIA9147 11/01113 11/01/14 EACH OCCURRENCE $2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR hl p 11 I �T ( DAEAGE TO RENTED- PR SES IF $300000 MEO EXP (Any one person) $10,000 PERSONAL 8 AOV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 PPLIES GEN'L AGO RMJLIMIT APEIj: PRODUCTS - COMPIOP AGG $4000000 - POLICY JECT LOC A AUTOMOBILE LIABILITY ANYAUTO 84SBAIA9147 - - 11/01/13 11/01/14 COMBINED SINGLE LIMIT (Ea accitlenl) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Peramitlent) $ X PROPERTY DAMAGE (Paraccidenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTO ONLY. AGG A EXCESSIUMBRELLA X LIABILITY OCCUR _ ❑ CLAIMS MADE 84SBAIA9147 11101/13 11101/14 EACH OCCURRENCE $1000000 AGGREGATE $11000.000 $ $ DEDUCTIBLE X $ RETENTION $10000 _ B WORKERS COMPENSATION AND 90657312Q13 0]/1'././13 07112/14 �( WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIFTORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I I I E.L. DISEASE - POLICY LIMIT $1000,000 C OTHER Professional 287188360 11/01113 11/01114 $2,000,000 Limit Liability (E & O) $10,000 Retention Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Rosemead, its' officals, employees and agents are included as additional insureds as respects the general liability coverages as per the attached verbiage from the policy, including waiver andprimary and non - contributory. OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Rosemead DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •3n DAYS WRITTEN ATTN: Gloria Molleda NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 8838 East Valley Blvd. REPRESENTATIVES. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE ACUKU Zt, (ZUU1 /UU) 1 of 2 9525951IM25948 SXL © AUUKU CUKYUKAI IVN 11flSa IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25S (20011081 9 of 9 85i99Q51 Ru199QAR BUSINESS LIABILITY COVERAuE FORM This. Paragraph f, applies separately to you and.any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provislons of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied - with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit . of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the Inception date of this Coverage Part, we shall not deny any coverage under this. Coverage Part because.of such failure. 7. Other Insurance If other valid and collectible Insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 0804 05 (6) When. You Are Added As An Additional Insured To - Other Insurance That Is other insurance available to you covering liability for damages arising - out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An .Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed In a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional Insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this Insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUS...ESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:- (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other. insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each Insurer contributes equal amounts until it has paid its applicable limit, of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. B. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the Insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not /1 apply to Medical Expenses Coverage. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 cf 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below. 1. Additional Insured - Designated_ Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organizations) shown in the Declarations, but only with respect to liability for 'bodily injury", 'property damage" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of (he ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Page 18 of 24 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. Is amended to include as an additional insured the person(s) or organization(s) shown In the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to Include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional Insureds, this insurance does not apply to any 'occurrence" which takes place after you cease to lease that equipment 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organtzation(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Form SS 00 08 04 05