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HomeMy WebLinkAboutContract 1550 ORIGINAL CHScc) DATA 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemincaDataTicket.com Scope of Service and Performance Agreement These services are provided by: Data Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (hereinafter sometimes referred to as "COMPANY") FOR: CITY OF CATHEDRAL CITY 68700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 (hereinafter sometimes referred to as "AGENCY"). Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations and other debts owed and specified by the AGENCY pursuant to AGENCY municipal code and pursuant to the laws of the State of California. ARTICLE I -CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process citations received from the AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY. 1.2 Determination of Processable Citations: COMPANY shall screen each citation referred to it by the AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY for clarification. COMPANY 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 - 1 — IMTA 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET' 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqaDataTicket.com 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 10% (or lower if any statutes, rules or regulations prohibit this rate). If the COMPANY deposits into an account held jointly between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following the banking activity, disperse all revenue due the AGENCY, the COMPANY, any tax liability and all refunds and send all supporting documentation to the AGENCY for its records. 1.5 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. 1.6 Franchise Tax Board Interface: The Franchise Tax Board Interagency Intercept Program will be used as the next collection step in the process. A notice merging all debts owed the AGENCY will be sent to the citizen showing the total amount due the AGENCY for Administrative 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. 1.7 Contested Citations: In the event a citizen disputes the liability for the outstanding administrative citation, COMPANY will advise the citizen 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. (Municipal Code). 1.8 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 - 2 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET' 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqADataTicket.com 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. 1.9 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellation of administrative citations as a result of review/hearing/court action. Citations that are dismissed as a result of review/hearing/court decision will have the dismissal processed by the COMPANY promptly after receipt from the review/hearing/court decision. 1.10 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. 1.11 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. 1.12 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: - 3 — DA[A I 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqaDataTicket.com "Regular Payments" are citations with the correct amount due, paid on or before the due date. This includes payments properly complying with the first Courtesy Notice. "Partial Payments" are citations paid after the due date or those where payment is less than the total amount of due. . "Appeal Requests" including payment are all requests for administrative/court hearings. These requests are sorted so that the payment submitted is immediately posted, an appeal hold is placed on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY and may be forwarded to the AGENCY for proper follow-up. 2.4 Batchinq 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. - 4 — DATA . 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqaDataTicket.com 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. ARTICLE III —WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations 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 citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. - 5 — IM lA 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET f . 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemino aDataTicket.com 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, 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 - 6 — 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 any other pertinent information required to provide a reasonable audit trail. 4.10 Storage for AGENCY: A. COMPANY agrees to store original citations which will be electronically sent or manually send and scanned into the system as long as the AGENCY is a client. COMPANY will have such information available on the citation management system 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. 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 - 7 — M ■ 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET'S 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminqADataTicket.com citations at the beginning of the period, current period activity, and at the end of the period. D. A report for issuing AGENCY identifying the citations issued, location, violation by each officer. 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. 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 or upon ninety (90) days written notice to COMPANY, 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/Process: Please see Exhibit A for all associated Costs and Process Detail. 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. - 8 — DATA II 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET Inc. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemino aDataTicket.com A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with, the performance by COMPANY or AGENCY or any of their officers, employees, or agents under this AGREEMENT, excepting only loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend, and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs, and liabilities for loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of, or in connection with, the performance by AGENCY or any of its officers or employees under this AGREEMENT. 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 its operations - 9 — DATA ■ 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET in'. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFleminq@DataTicket.com hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the AGENCY. A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than two million ($2,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self-insured retention maintained by the AGENCY its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy. 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. 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. - 10 — DATA . 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 TICKET inn. 949 752 6937 (x) 310 - Phone 949-752-6033 - Fax MFlemincaDataTicket.com 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: CITY OF CATHEDRAL CITY 68700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 AS TO THE COMPANY: DATA TICKET, INC. A CALIFORNIA CORPORATION 4600 CAMPUS DRIVE, STE 200 NEWPORT BEACH, CALIFORNIA 92660 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: THE CITY OF CATHEDRAL CITY COMPANY: DATA TICKET, INC. t , I i- / 1 i Signature: i..,i,I1 . Signature: A , &t,'_ ___. -.t. Name: iffi �u--`/ Print Name: . W iK ‘42..1,- _l Title: 0 Maitilir Title: � c-, c LJF Date: 7 30, a-", 3 Date: 1p a 0 I.D. - 11 — DI DATATICKET 4600 Campus Drive, Suite 200 'NC. Newport Beach, CA 92660 888-752-0512 www.DataTicket.com City of Cathedral City Administrative Citation Processing Services Proposal EXHIBIT A 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 County • 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 County personnel to view and/or re- print at anytime *If the City were to opt to use both Parking and Administrative Citation processing services, the fee for manual administrative citation processing will be $19.00 **Electronic File Transmission Administrative Hearings $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. • 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 City Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 swm DATA TICKETNc 4600 Campus Drive, Suite 200 IA 'NC. Newport Beach, CA 92660 888-752-0512 www.DataTicket.com City of Cathedral City 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 Joint Banking Account Services $50.00 per month Services for the above-mentioned item includes: • Daily deposits of funds to the City's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card chargebacks and Insufficient Funds • Month-end reconciliation of all funds collected • Disbursement of County/ State Surcharges at month-end • Payment of Data Ticket's invoice • Disbursement of the net remittance to the City Refunds $5.00 per issued refund • Issuance of all refunds to citizen who are due a refund via 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 Online Access: $0.00 Services for the above-mentioned item includes: • Access via the Internet for the County's citizens and visitors to perform as many functions as the City desires. Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 T 4600 Campus Drive, Suite 200 lj 1 DATA 'Nc. Newport Beach, CA 92660 888-752-0512 www.DataTicket.com City of Cathedral City Administrative Citation Processing Services Proposal 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. FEES CHARGED TO THE PATRON Credit/Debit Card Transaction Fee charged to Patron $3.50 Credit/Debit Card Chargeback Fee charged to Patron $30.00 Fee for Payment Plan Initiated by Patron $15.00 Phone: 949 752 6937 4600 Campus Drive, Suite 200 Fax: 949 752 6033 Newport Beach, CA 92660 DATA • REVENUE. TICKET ' EXPERTS Data Ticket and Revenue Experts Administrative Citation Processing Overview Using Data Ticket and Revenue Experts services, the City will have the resources to provide a comprehensive program that will achieve City and Staff goals of: • REVENUE DIVERSIFICATION AND PRESERVATION — Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate. • PUBLIC SAFETY— Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City. • POSITIVE ENVIRONMENT— Create a positive environment for the development and growth for the City's future. • COMMUNITY IMAGE, NEIGHBORHOOD PRIDE AND CLEANLINESS — Promote a sense of community pride and foster an excellent image about the City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration. TYPES OF ADMINISTRATIVE CITATIONS: Property Maintenance Building Codes Illegal Signage Animal Control Illegal Vendors False Alarms Business Licenses Graffiti Health and Safety Codes Public Nuisance Confidential and Proprietary to Data Ticket, Inc. DATA 1111 REVENUE". TICKET ' EXPERTS Administrative Citation Processing & Collection Services • Processing of Administrative Citations • Revenue Collection • Multiple Notices with Varied Verbiage • Consistent Noticing Sent According to City Requirements • Data Entry and Citation Tracking of Administrative Citations, Manually or Electronically • Citation Status Updates Daily • Citation Tracking • Toll Free Customer Information for Citizen Inquiry—24/7 • Toll Free Customer Care Answer Lines • Secure Web Site access for citation look-up provided for both Citizen and City, 24/7 • Secure Web Site Access for Citizen Payment 24/7 • Visa, MasterCard, Discover and American Express accepted 24/7 • Secure Web Site Access to total database for Agency 24/7 • Agency Access to Reports 24/7 on the Web Site • Citation Reviews/Hearings Scheduled and held • Appeals Heard by Certified and Trained Hearing Officers Professionally and Impartially Handled Appeals • Decisions Sent and Tracked • Manual payment processing accepted via check, cash or money order • Deposits Daily • Bank Account Reconciliation Monthly • Monthly Reporting, Tracking and Documentation • Interagency Intercept Program Participation & Interface • Social Security Number Access for Interagency Intercept Program Participation • Consolidation of all Debts for Interagency Intercept Program Participation • Marking, Tracking & Reporting on Interagency Intercept Program Payments • Handheld Ticket-writers Offered for Complete Automation Features and Benefits of an Automated Administrative Citation Processing Service • Allows Code Enforcement Officers to do their job....lnspect, Warn, Inspect, Cite • Better productivity by outsourcing labor-intensive paperwork • More control and consistent follow-through and focus • Higher compliance and collection rates due to a consistent process • Cumbersome Court appearances are reduced as Hearing are expedient and efficient • Redirects revenue from the Court to the City where it belongs • Provides certified Hearing Officers who understand the importance of Code Enforcement Programs Confidential and Proprietary to Data Ticket, Inc. DATA REVENUE. TICKET ' EXPERTS Administrative Citation Processing and Collections Process • The Agency provides warning(s) to citizen regarding violation(s) and a time frame established for compliance. • The Agency revisits site for compliance, if no compliance the citation is written. • The citation specifies the violation(s) and informs the violator of the time frame from the date of the citation to pay the violation(s) and/or correct it/them. • A copy of the citation is sent to The Company for collection on a daily/weekly basis within 7 days of issuance. • Citations received from the Agency are keyed or entered electronically into The Company citation management database. • The Violator has (per agency) days to pay or contest (appeal) the citation from the date of issue. • If paid, payment will be entered on the Company system and deposited in Agency's bank account. • Upon receipt of the citation for process, if no payment is made within the specified time (by Agency), the Company will mail a first notice of delinquency for payment. • After fper Agency) days from the date of the first notice, if the citation remains unpaid, the Company will mail a second notice of delinquency for the total amount due (including any added penalties). • After (per Agency) days from the date of the second notice, if the citation is unpaid, the Company will mail a final notice demanding payment. This notice will indicate the future actions that will be taken to collect the fine including submitting the violator's name to the Franchise Tax Board for collection through the Interagency Intercept Program, and that additional processing cost may be added to the fine. • After 30 calendar days from the date of the final notice, if the fine is still unpaid, the Company will place the citation on the Interagency Intercept Program list for submission at the appropriate time. • The Company will then access social security numbers to attach to citations that are eligible for the program. • All citations attached to the same social security number will be grouped together for submission, with a total amount due showing. • Citations will be placed in the Program during the Company's normal file transfer to the Franchise Tax Board. • When the Company places a citation with the Interagency Intercept Program the amount of the fines plus any additional charges will be included on the total amount due by the violator and may be paid in full or in part depending on the amounts available for dispersal. Confidential and Proprietary to Data Ticket, Inc. DATA III REVENUE. TICKET ' EXPERTS Administrative Citation Adjudication Process • If violator wishes to contest the administrative citation, a toll free number will have been provided on the citation and upon calling the number the violator will be instructed to put their appeal in writing on a form supplied by The Company (or Agency) and post the entire amount of the bail. • If an appeal is not directed to the Company but received by the Agency, the Agency will forward the appeal to the Company. A review will be scheduled and conducted and the decision will be sent to the citizen. • When the appeal and bail are received within the time frame allowed, the violator will be scheduled for a hearing. This information will be transmitted to the Agency via fax and email. The violator will be notified that the appeal has been approved to go forward and will be notified of the time, date and place of the hearing. • If the appeal is not received within the allowable time frame allowed and/or if the entire bail is not posted both the Agency and the violator will be notified that the appeal request has been denied. • All supporting documentation will be requested by The Company from the Agency (including officer's notes and pictures) for the actual hearing. • Following the hearing, the citizen will receive written confirmation of the decision of the Hearing Officer sent by certified mail with 10 days of the conclusion of the hearing. The Agency will be notified of the same via fax. • If the citation is upheld, the information will include further instructions to the violator, including the time frame for a court appeal if the violator desires to continue to contest. • If the citation is dismissed, the Agency and the violator will be notified and a refund will be generated for the posted bail. • If there is no further appeal within the time frame allowed, the Agency will be notified of the outcome and the case closed. • If the violator appeals to the court he is subject to pay the $25.00 court-filing fee. • The Company will notify the Agency and all supporting information for the case will be forwarded to the Agency for the court appearance. • The court decision will be copied to The Company and any refund or correspondence required will be handled. If the court dismisses the citation, the Agency will be responsible for refunding the $25.00 court-filing fee. • The system will be updated with the appropriate information and the case closed. • If there is no response to the notice of delinquency from the violator, the Agency will be notified for a decision on further action. Options include closing the citation unpaid, the Agency filing in small claims court against the violator or notification of the Interagency Intercept Program to attach any state tax returns or lottery winnings that would be paid to the citizen during the year. Confidential and Proprietary to Data Ticket, Inc. DATA . REVENUEU TICKET inc. EXPERTS The Hearing Officer will be an impartial official with previous experience in holding hearings and training on Municipal Code Enforcement and who has been trained according the requirements for administrative hearings as mandated by the California legislature and has additional training from the adjudication manual. The Hearing Officer will not be compensated on a commission basis and there will be no connection between decisions and compensation for the job. Hearing Officers will be subject to review by the Agency at the Agency's expense. The only responsibilities to be borne by the Agency are the provision of space for the in-person hearings to be held on a bi-monthly basis, the referral of the original citations and any requested supporting documentation for hearings, and the occasional appearance at a court hearing. The Company will provide forms, notices, correspondence, scheduling, documentation, database updates, tracking, reporting, banking, a toll-free number for violator questions, web site access, the Hearing Officer and all software and hardware required to handle the job efficiently and effectively. We are confident that the Agency will enjoy the benefits of this unique service. Confidential and Proprietary to Data Ticket, Inc. DATA 11 REVENUE. TICKET inc. EXPERTS Administrative Citation Process The following illustrative provides an overview of the administrative citation processing steps Data Ticket and Revenue Experts employ to increase compliance and collections. This process is customizable for each of our clients and simply serves as an overview of the process as a whole. -► Heanng is Heanng is Appeal is Approved Scheduled Upheld Day 1 Hearing is _ Cite is written Requested I Hearing is Appeal is RP Appeals j ; Denied Dismissed to Court Day 1+X Day 1+X Manual Cites are Electronic Cites are Data Entered into Transmitted to Case closed.all the System with RP data the System with RP data fees and fines Court makes dismissed final ruling l Day 31* Day 32 Day 61 Day 62 Penalty#1 Notice#1 Penalty#2 Notice#2 Added at is sent Added at is sent Cite Date+30 Days Cite Date+31 days Notice#1+30 Days Notice#1+31 days 1 Day 92 Weekly updates to/from FTB Notice#3 SSN# is FTB FTB with payment. FTB is sent } Acquired --� Placement —� additional debt.reject. Collections Notice#2+30 days and other data r Scrub data: Perform skip Send FDCPA Start auto- tracing and Send/Receive Credit Reporting certified eligible --� --► -—► Weekly Updates on debts dialer8 credit payments&correspondence Collections noticing reporting *Citation is considered delinquent Confidential and Proprietary to Data Ticket, Inc.