2009/06/02 Data Ticket, Inc. Processing of Bails, Fines & ForfeitureScope of Service and Performance
These services are provided by:
Data Ticket Inc. dba Revenue Experts
a California Corporation
4600 Campus Drive, Suite 200-203
Newport Beach, California 92660
(hereinafter sometimes referred to as "COMPANY")
FOR:
THE CITY OF MENIFEE
29714 HAUN ROAD
MENIFEE, CALIFORNIA 92586
(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 AGENCY municipal code and for the issuance of parking citations pursuant
to the laws of the State of California.
ARTICLE I - CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and process citations from
AGENCY. COMPANY will provide a reconciliation of the number of citations received
from AGENCY.
1.2 Determination of Processable Citations: COMPANY shall screen each citation
referred to it by the AGENCY to determine if the citation is processable. If the citation is
determined by COMPANY to be unprocessable (e.g., essential processing information
is missing), COMPANY shall return the citation to AGENCY for clarification. COMPANY
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
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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. 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 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.
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.
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1.9 Delinquency Notices for Parking Citations: In accordance with State law,
COMPANY will generate and mail (presorted, first-class postage) a delinquency notice
to all identified registered owners of vehicles who fail to pay their parking citation fines
or to post bail in the required manner. The mailed notice will include all information
required by the California Vehicle Code, including, but not limited to, the following:
A. The parking citation issuance date and number;
B. The consequences of nonpayment (i.e., a hold on the vehicle
registration and the imposition of penalties, towing, or issuance of a
possible warrant for their arrest; and
C. The amount of fines and fees due and payable
D. Affidavit of Non -Ownership
1.10 Registration Holds: The COMPANY will provide the system and procedures and
will interface with the California State Department of Motor Vehicles to place a hold on
vehicle registrations having unpaid parking fines and fees due against those vehicles in
accordance with the California Vehicle Code and any other applicable State and local
laws. The notification will be given within a reasonable period of time after issuance of
a delinquency notice. The period of time will not exceed the time limits provided by
state and local law.
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
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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.
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
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hearings. These requests are sorted so that the payment submitted is immediately
posted, an appeal hold is placed on the citation and if needed the original citations and
backup documents are retrieved for the appeal to be heard.
2.3 Miscellaneous Letters Processing: COMPANY will receive and review all
miscellaneous correspondence. These are generally letters requesting meter checks,
refunds, voids, or otherwise setting forth complaints. These letters will be researched
by COMPANY and may be forwarded to the AGENCY for proper follow-up.
2.4 Batching Procedures: COMPANY shall maintain effective procedures of internal
control. Such procedures shall involve reconciliation of all payments received using
generally accepted accounting principles. After proper reconciliation, deposit slips shall
be prepared for and deposits made at the appropriate bank, including an itemized
listing of all batch numbers included in the deposit. The batch of citation payment
documentation shall then be stored in a file room, for a period of two (2) years.
2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash
payments. All cash received through the mail, shall be logged in a cash journal.
Thereafter, effective internal control procedures shall be implemented to reconcile such
payments using generally accepted accounting principles.
2.6 Deposits: All deposits shall be made daily, subject to regular banking hours.
Deposits shall be itemized and detailed information will be captured regarding
submitted funds. Deposit slips shall be prepared in duplicate, allowing one (1) copy for
the bank and one (1) copy for the COMPANY. If the bank account is held jointly,
COMPANY shall perform all reconciliation, refunds and cut all checks. This information
shall be available for AGENCY review. Deposits shall be directly deposited into the
AGENCY'S designated bank account, either jointly held with the COMPANY or
individually held by the AGENCY. If the AGENCY holds the account individually, it will
supply deposit slips and an endorsement stamp to COMPANY. In this case,
COMPANY shall only have the capability to make deposits on behalf of the AGENCY.
2.7 Revenue Report: A monthly revenue report will list all revenues received during the
preceding month. This report will also provide information regarding the AGENCY'S
responsibility to the County for the Jail and Court fund as required by Sections 40200.3
(a) of the California Vehicle Code and any other relevant taxes due.
ARTICLE III - WEB SITE
3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY
review of its database, including all citations and information relating to changes in
status.
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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
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.
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4.6 Property of AGENCY: All documents, records, discs, files and tapes supplied by
AGENCY to COMPANY in performance of this contract are agreed to be and shall
remain the sole property of AGENCY. COMPANY agrees to return same promptly to
AGENCY no later than sixty (60) days following notice to the COMPANY. The
AGENCY shall make arrangements with COMPANY for the transmission of such data
to the AGENCY upon payment to COMPANY of any open invoices and the cost of copy
and delivery of such information from COMPANY'S computer facilities to AGENCY'S
designated point of delivery.
4.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to
some extent it will have to impart to the AGENCY'S employees information contained in
the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY
agrees that information contained in the data that was marked in writing as
"CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential
nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in
the strictest confidence and shall not be used or disclosed in any form except in
accordance with paragraph 4.8 herein below. The AGENCY recognizes that irreparable
harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA,
which is related to its business, and that COMPANY may accordingly seek to protect
such CONFIDENTIAL DATA by enjoining disclosure.
4.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or
prepared by COMPANY or its subcontractors, successors, officers, employees,
servants, or agents shall be made available to any individual or organization without the
prior written approval of AGENCY other than individuals or organization who are
reasonably necessary to properly effectuate the terms and conditions of this
agreement. This Non -Disclosure obligation shall survive the Termination of this
Agreement.
4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it
for processing under this Agreement. Such files will contain records of payments,
dispositions, and any other pertinent information required to provide a reasonable audit
trail.
4.10 Storage for AGENCY:
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
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of all liability costs associated with data released by AGENCY to any
other person or entity using such data.
B. Subsequent to the termination of the contract, COMPANY will return a
file containing all data belonging to the AGENCY.
ARTICLE V — ADDITIONAL SERVICES
5.1 Other Collections: COMPANY shall retain a percent of payments for delinquent
citations that have been processed in accordance with the current Agreement, and
meet the following criteria:
A. Delinquent parking citations: those citations so designated by the
AGENCY, for which the California State Department of Motor Vehicles
registration hold has been placed or dropped because of a transfer of
ownership or non -renewal of registration or a registration hold has not
been placed, but the normal daily processing cycle is complete.
B. Citations with out-of-state license plates that have gone through the
first courtesy notice process without payment.
C. Any other problem or special citations that the AGENCY so designates
and refers to COMPANY under this Agreement.
5.2 Administrative Citations: COMPANY shall provide for collections and processing for
administrative citations. Please see Exhibit A for this service process and description.
5.3 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.
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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.
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: Please see Cost Proposal, Exhibits B and C 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.
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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
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its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to
the AGENCY and certificates of such insurance shall be delivered to the AGENCY on
or before the effective date of this Agreement. Such certificates shall specifically
identify this Agreement and shall not be canceled, reduced in coverage or limits or
non -renewed except after thirty (30) days written notice has been given to the
AGENCY.
A) Comprehensive general liability insurance covering bodily and personal
injury and property damage. Limits shall be in an amount of not less
than one million ($2,000,000) dollars per occurrence. Such insurance
policies shall name the AGENCY, its officers, agents and employees,
individually and collectively, as additionally insured. Such coverage for
additional insured shall apply as primary insurance and any other
insurance or self -insured retention maintained by the AGENCY its
officers, agents and employees shall be excess only and not
contributing with insurance provided under said policy.
B) Comprehensive automobile liability owned, non -owned and hired
vehicles with not less than one million ($1,000,000) dollars combined
single limit, per occurrence for property damage and for bodily injury or
death of persons. Such insurance shall include the same additional
insured and cancellation notice provisions as specified above and may
be combined with the comprehensive general liability coverage required
above.
C) Throughout the period of Agreement, COMPANY, at its sole cost, shall
maintain in full force and affect a policy of workers' compensation
insurance covering all of its employees as required by the labor code of
the State of California.
ARTICLE XII — ENTIRE AGREEMENT
12.1 Integrated Agreement: This contract is intended by the parties as a final expression
of their Agreement and also as a complete and exclusive statement of the terms thereof,
any prior oral or written Agreement regarding the same subject matter notwithstanding.
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
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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 MENIFEE
29714 HAUN ROAD
MENIFEE, CALIFORNIA 92586
AS TO THE COMPANY:
DATA TICKET, INC. DBA REVENUE EXPERTS
A California Corporation
4600 CAMPUS DRIVE, STE 200-203
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 MENIFEE
Signature
Print Name
mf�Y()J5
Title
(0 a -209
Date
COMPANY
DATA TICKET. INC. DBA REVENUE EXPERTS
ame
Title
Date
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Exhitit A
DESCRIPTION
ADMINISTRATIVE CITATION PROCESSING AND COLLECTIONS
Services required for the processing, collection and appeal of Administrative Citations
for you and your affiliated departments are described below. The benefits of using
the administrative citation management system are:
• Toll free phone inquiries provided for citizens
• Web Site access for citation look -up provided for both citizen` and Agency
• Credit cards payments accepted on-line
• System marked real-time
• Payment accepted by check, money order, or credit card
• Data entry and citation tracking is handled
• Reports are available 24/7 on the Web Site for the Agency
• Handheld ticket writers are available
• Multiple notices sent
• Delinquent fees collected
• Monthly reports provide payment reconciliation
• Monthly reports on citation status
• Appeals handled professionally and impartially
• Trained and certified hearing officers provided
• Documentation is prepared and stored in case of court appeals
• Social Security numbers are accessed for Interagency Intercept Program
participation
• Interagency Intercept Program collections are offered
• System marked and documented as payments collected through FTB
The process is as follows:
• 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.
CONFIDENTIAL INFORMATION
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• 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 (per 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
costs 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 INFORMATION
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Hearing Requests
• 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.
CONFIDENTIAL INFORMATION
\1mch-srv-0I MrneMennettlMy Documents\Agreements\Data Ticket Exhibit A.doc
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.
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 INFORMATION
llm,lh-srv-011home*bennett\My DocurnentslAgreements\Data Ticket Exhibit A.doc
SAMPLE
Exhibit B
COST PROPOSAL FOR THE CITY OF MENIFEE
Description
Fee for processing each manual citation
Fee for collecting each out-of-state parking citation
Proposed Fee
$1.25 per cite
30% of collections
There will be a minimum fee charge of $150.00 per month. Specified services and
material covered by the fees for both in -state and out-of-state citations include:
Data entry & updating of all handwritten citations & electronic entry & updating of all
electronic citations
Collecting, processing & applying all payments
Processing all status changes to citation database
User ID's & passwords for Client Access to Web Site
Viewing & printing of citation management reports and citations at the Agency 24/7.
Agency will always have access to its citation database including all status updates
real-time
On-line real-time access to database
Company credit card payments on-line, real-time via Ticket Wizard 5000 web site
Company credit card payments accepted via phone or paper
24/7 citizen access to Agency database to view, appeal and pay citations
On -Line connection to California DMV for daily registered owner information files
On -Line connection to California DMV for daily hold and release files
On -Line connection to Florida, Ohio, Texas, Washington, Oregon, New York,
Pennsylvania, New Jersey, & Maryland DMV's for registered owner information
Interface with other DMV's nationwide for registered owner information via diskette,
CD & tape, etc.
Interface with third party vendor for nationwide registered owner information
All forms, postage and tracking
Bonded courier for mail pick up from dedicated post office box
Correspondence tracking and response
Bi-lingual 800 line voice mail & IVR 24 hours per day, 7 days per week
Bi-lingual 800 line customer service answered by customer service representatives
Bonded courier for daily bank deposits
Bank reconciliation
Complete audit trail
Comprehensive monthly management reports on citation issuance and revenue
available on-line as well as in hard copy with month -end invoice
All required insurance
California Corporate Headquarters
CONFIDENTIAL INFORMATION
Ilmch-sni-OT,homelkbennetttMy DecumentsVAgreements\Data Ticket Exhibit 6.doc
Fee for Delinquent Parking Collections
Additional Correspondence
Refunds and NSF'S handled by Company
Scheduling: Review, Hearing and Court Appearances
32% of collected revenue
$1.50 per piece
$5.00 per transaction
$3.50 per appealed citation
Hearings: Hearings are scheduled in accordance with $85.00 per hour
Agency requirements at a designated Agency location,
but must be held less than 90 days from request,
according to CA law. A minimum of four hours per visit
is required
No charge to Agency for credit card usage.
System and Ad Hoc Reporting
DMV Inquiries and Registration Holds
In -state and Out-of-state
Payment Processing
Internet Inquiry and Payment Processing
Optional:
FTB Tax Lien Participation:
FTB Collections
$ Included
$ Included
$ Included
$ Included
$ Included
$5.00 per record
15% of collections
Data Ticket offers several different handheld ticket writers and will be happy to provide
demo units and information including pricing, specifications, & support upon request.
All bank fees to be paid by Agency.
Citizen will be charged $3.50 per transaction.
CONFIDENTIAL INFORMATION
Ilmch-srv-01\homelkbennett\My DocumentslAgreements\Data Ticket Exhibit E doc
Exhibit C
FEE PROPOSAL
THE CITY OF MENIFEE
Description — Phase I
Proposed Fee
Fee for processing and collecting each citation $ 19.00/cite
Specified services and material covered by the Fee for all citations shall include:
• Data entry of handwritten citations and entry of electronically transferred citations
• Processing and collection of all payments
• Disposition and status updating
• All forms and tracking
• Correspondence tracking and response
• Up to four Notices
• 800 line voice mail information 24 hours per day, 7 days per week
• 800 line customer service answered by customer service representative
Daily Bank Deposits
• Bank reconciliation
• Comprehensive monthly management reports on issuance and revenue
• All required insurance
• Local corporate headquarters
* (Minimum monthly fee $ 150.00 per month) Applies if basic charges are less than
that amount.
Customer Communication (Interactive Voice Response System/ $ 50.00/month
Call Recording) and Web Access
Includes:
• Client access to entire database real-time includes up to six user passwords
• Viewing and printing citation management reports 24/7
• Citizen web site access for viewing and paying citations 24/7
CONFIDENTIAL INFORMATION
Dam Tidm UNIlihit C
Description — Phase II
• Social Security Number Access $
• (One request for multiple citations attached to one violator)
Franchise Tax Board Interface
(Interagency Intercept Program)
Includes:
• Database transfers
• Multiple debts consolidated to one record with total due
• Files sent to IIP
• Noticing
• Daily deposits
• Payment reconciliation
• Deposit reconciliation
• Toll -free customer service inquiry lines
• Web site inquiry and payment access 24/7
• Overpayment verification and refund service
• Customer correspondence as required
• Forms
• Paperwork back-up
• Database updating
• IIP updating
• Monthly management reports
Fee to Violator for Company Credit Card Usage $
Option:
In -person Hearing and Toll -Free Hearing Appointments $
(four-hour minimum every 60 to 90 days,
two hearings per hour)
All correspondence and taped hearings included; interface
with court and client, if hearing goes to court.
5.00/request
15% of
collected revenue
3.50/use
85.00/hr
Cost to Purchase Hand Held Ticket Writers:
Please see Cost Sheets for Ticket Writers, upon selection of preferred unit,
a total cost proposal will be generated for Agency including exact costs for
all hardware, software, ticket stock, envelopes and additional items.
CONFIDENTIAL INFORMATION
(data'hckei Rxhibii C
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
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" 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 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 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 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 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
Page 18 of 24 Form SS 00 08 04 05