2020/08/14 Data Ticket, Inc. Scope of Service and Performance Agreement (3)* Please attached a second page for additional information to support this agreement.
CITY OF MENIFEE
Agreement/contract coversheet
DATE: July 21, 2020
TO: Armando G. Villa, City Manager
CC:
Agreement Routed/Approved By City Attorney: 7/21/2020 (Via email, attached)
Insurance Requirements: General Liability (Expiration Date: N/A)
(Attached) Automobile Liability (Expiration Date: N/A)
Worker’s Compensation (Expiration Date: N/A)
Professional Liability
FROM: Margarita Cornejo, Financial Services Manager
Dave Gutierrez, Police Captain
SUBJECT: Service and Performance Agreements between Data Ticket Inc. and the City of Menifee
for Processing Services (Fines, Bail and Forfeiture related to Citations) for Menifee Police
Department (PD and Code Enforcement Divisions)
IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY?
Yes – Purchase of Commodities Under $50,000 Professional Services under $25,000
Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services
or construction contracts)
No – City Council authorized City Manager to sign (Council action attached) Per Resolution No. 18-739 approved
11/7/2018, the City Manager is authorized to commence all arrangements for the acquisition of all necessary
equipment for the formation of the Menifee Police Department.
WHY IS THIS AGREEMENT/CONTRACT NEEDED?
As part of the Police Department’s enforcement operations, including the Code Enforcement division, involves the
regular issuance of citations for identified violations. The total expenditures associated with this agreements are offset
by the revenue generated from issued citations.
Alternatively, the City could develop its own system for data processing, fine collection and administrative review and
hears, however this option would require additional staffing to carry out all the necessary responsibilities. Additional
costs would include computer programming development and maintenance, hardware, debt collection fees, postage and
supplies. It is estimated that the costs for these responsibilities is to be performed by city staff would exceed the cost of
the contract with Data Ticket and it is therefore not recommended.
WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of July 1, 2020 through June 30, 2025 (5 Year Period)
Department Date Initials
Christine Booker, Grants & Budget Analyst
Pat Walsh, Police Chief
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Deputy City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
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WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT?
The estimated Fiscal Year 20/21 cost will be $52,500 (Not-to-Exceed Amount) as follows:
- $22,500 for Menifee PD (PD)
- $30,000 for Code Enforcement
- Years 2 thru 5 costs are estimated at $210,000, however, please note these are estimated amounts based on
generally maintaining the same volume of citations year to year. The actual annual expenditures will ultimately be
impacted by the actual volume of citations, and are therefore subject to change year to year.
Year Menifee PD Code Enforcement TOTAL
1: FY20/21 $22,500 $30,000 $52,500
2: FY21/22 22,500 30,000 52,500
3: FY22/23 22,500 30,000 52,500
4: FY23/24 22,500 30,000 52,500
5: FY24/25 22,500 30,000 52,500
$112,500 $150,000 $262,500
HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
Data Ticket Inc. is specialized in providing such processing fees for citation services for municipalities/law enforcement
departments across the region and state.
Supplies/Equipment/Maintenance/Construction Prior Contract/Expericence with the City
$5,0000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals
Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager
$45,000 - $174,999 – Informal Bidding Process Over $25,000 – City Council Approval
Over $175,000 – Formal Bidding Required
WHERE ARE THE FUNDS COMING FROM?
FY 20/21 Department Budget for Year 1 for $52,500. Years 2-5 will be budgeted within the corresponding
budget years.
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER?
100-4911-52515 (Citation Service Fees): $22,500
100-4332-52800 (Professional Services): $30,000
IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET?
As of 7/21/2020 Account #100-4911-52515 has a balance of $22,500 and 100-4332-52800 had a balance of $50,000
(See attached Eden Reports).
ATTACHMENTS
- CONTRACT/AMENDMENT
- RESOLUTION NO. 18-739 AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT
- EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
-
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
Scope of Service and Performance Agreement
These services are provided by:
Data Ticket Inc.
a California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
(here-in-after sometimes referred to as "COMPANY")
FOR:
City of Menifee
29844 Haun Road
Menifee, California 92586
(here-in-after sometimes referred to as "AGENCY").
Through this Scope of Service and Performance Agreement (“Agreement”), Data Ticket,
Inc. 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, other
debts as specified by the AGENCY 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 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-
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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)
calendar days after which interest shall be accrued at the rate of 2% (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 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 act consistent with the California Vehicle Code and DMVS nationwide, when
identifying registered vehicle owners.
1.6 Verification of Ownership: COMPANY shall exert best efforts 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: Subject to AGENCY’s prior written approval, 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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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, but the 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. Within a reasonable time of the debt being satisfied, but not
to exceed any time limits provided by the state or local law, the COMPANY will contact the
DMV to remove the registration hold.
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 time period prescribed by state and/or local law so that the matter can be adjudicated.
(CVC 40200.7 & 40215 or Municipal Code).
1.13 Administrative Review and Hearing: The COMPANY, at the option of the AGENCY,
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, consistent with
applicable California law 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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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 on which payments are 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 five (5) years, or longer if required by state or local law. Closed citations will remain
on-line for a minimum of three (3) 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 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 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 three (3) 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,
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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.
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
against a CITIZEN in any specific case without AGENCY'S prior written approval.
4.3 Use of Approved Forms: AGENCY shall have the right to approve all forms,
delinquency notices, and correspondence sent by the COMPANY to CITIZENS. These
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
must conform to State and local law.
4.4 Books and Records: COMPANY will maintain consistent with the requirements of the
State and local laws, 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 inspection and audit the by
AGENCY upon its request and will be made available within a reasonable time of the
request, not to exceed 7 calendar days from the date of the request by the AGENCY.
Copies of such documents shall be provided to the AGENCY for inspection at the
AGENCY’s address indicated for receipt of notices in this Agreement when it is practical to
do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at COMPANY’s address indicated for receipt of notices in this Agreement.
4.5 Ownership: Except as provided by State and local law, 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.
The AGENCY is entitled to keep and use any reports and data it may reasonably need to
administer its parking citation program during or in the event of termination of this
Agreement. In the event this Agreement is terminated by either party, the COMPANY will
be required to cooperate with the AGENCY in obtaining all data and reports necessary to
assume administration of the program or contract with another company to administer the
program.
4.6 Property of AGENCY: All documents, records, discs, files and tapes supplied by
AGENCY to COMPANY in performance of this Agreement 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) calendar 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 for 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"). Except where prohibited
by State and local law, including but not limited to the Public Records Act, 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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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. Where disclosure of CONFIDENTIAL DATA is required to
be disclosed, by the California Brown Act, the California Public Records Act or other
applicable State law, local law or ordinance, then AGENCY does not need the prior written
consent of the COMPANY to make the 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. COMPANY
shall not disclose to any third party any confidential information contained in any citation
obtained from the AGENCY.
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 to AGENCY. COMPANY will
have such information available on the citation management system for a
reasonable time period to permit AGENCY retrieval of such information.
B. Subsequent to any termination of the Agreement, 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 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
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2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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, and officer.
6.2 Annual Reports: Annually, COMPANY shall comply with CVC 40200.3 (b)
ARTICLE VII - TERM OF AGREEMENT 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) calendar 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. If
the COMPANY seeks a reasonable price increase at the time of the automatic renewal, the
COMPANY must give written notice of the price changes 60 calendar days prior to the
termination of the current term of the agreement. The AGENCY has thirty (30) calendar
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 within the requisite thirty (30) day response period, the term of the Agreement
shall not be extended and the Agreement shall automatically terminate.
7.2 Cancellation: Upon a material breach or upon sixty (60) calendar days written notice
to COMPANY, the AGENCY may cancel or terminate this Agreement for any reason, with
our without cause.
7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY for services
during the term of this Agreement for the processing of parking and administrative citations
referred to above. AGENCY agrees during the term of the Agreement to not knowingly
directly or indirectly assist a competitor of COMPANY in the performance of the services
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
provided by COMPANY under this Agreement.
7.4 Cost: Please see Exhibit A for the Parking Cost Proposal and Exhibit B for the
Administrative Cost Proposal all associated costs.
7.5 Default: Failure or delay by any party to this Agreement to perform any material term
or provision of this Agreement shall constitute a default under this Agreement; provided
however, that if the party who is otherwise claimed to be in default by the other party
commences to cure, correct or remedy the alleged default within fifteen (15) business days
after receipt of written notice specifying such default and shall diligently complete such
cure, correction or remedy, such party shall not be deemed to be in default hereunder. The
party which may claim that a default has occurred shall give written notice of default to the
party in default, specifying the alleged default. Any failure or delay by a party in asserting
any of its rights or remedies as to any default shall not operate as a waiver of any default
or of any rights or remedies associated with a default; provided, however, the injured party
shall have no right to exercise any remedy for a default hereunder without delivering the
written default notice, as specified herein. In the event that a default of any party to this
Agreement may remain uncured for more than fifteen (15) business days following written
notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a
breach, the injured party shall be entitled to seek any appropriate remedy or damages by
initiating legal proceedings.
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) business 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 any of its officers,
employees, or agents under this Agreement, including, but not limited to, those arising from
the COMPANY’S failure to maintain confidential any confidential information contained in
any citations provided by the AGENCY, 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 under this
Agreement.
ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
9.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by
law at COMPANY'S own expense, and subcontractors shall be deemed agents of
COMPANY.
9.2 Assignments: This Agreement 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 CONTRACTOR
10.1 COMPANY'S Relationship: COMPANY'S relationship to AGENCY in the performance
of this Agreement is that of an independent contractor. Personnel performing services
under this Agreement shall at all times be under COMPANY'S exclusive direction and
control and shall be employees or subcontractors 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 hereunder. Such insurance shall be provided by insurer(s) satisfactory to the
AGENCY and certificates of and endorsements for such insurance shall be delivered to the
AGENCY on or before the effective date of this Agreement. Such certificates and
endorsements shall specifically identify this Agreement and provide that the policy shall not
be canceled, reduced in coverage or limits or non-renewed except after thirty (30) calendar
days written notice has been given to the AGENCY, and also provide for the additional
insured and primary and non-contributory coverages set forth below.
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 and four million dollars
($4,000,000) in the aggregate. Such insurance policies shall name the
AGENCY, its officers, agents and employees, individually and collectively,
as additional insureds. 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, and two million dollars ($2,000,000) in the aggregate, for
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
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 in paragraphs 11.1 and 11.1 (a) and may be
combined with the comprehensive general liability coverage required
above.
C) Throughout the term of this 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 – SECURITY REQUIREMENTS
12.1 Security Provisions: AGENCY agrees to follow all defined security requirements
including but not limited to:
A) All AGENCY employees who are provided access to services provided by
COMPANY must complete a background check and must complete annual
security awareness trainings.
B) All AGENCY employees must sign security agreement documents subject
to the source state of the information being obtained by DMV entities.
C) AGENCY must inform COMPANY within 24 hours of an AGENCY
employee with access to COMPANY services leaving their role.
D) AGENCY must inform COMPANY of any breach of information within 24
hours, so the appropriate government agencies can be notified of the
breach.
E) AGENCY understands and agrees that security requirements may change
and be updated to reflect the most current security requirements of the
government agencies we work with to obtain vehicle registered information.
F) AGENCY understands that evidence of the security requirements may be
requested to comply with COMPANY audit requirements of the
governmental agencies we work with.
G) AGENCY understands and agrees that access to confidential registered
owner information may be immediately restricted or terminated if any of the
mandatory provisions above are found to be violated or abused.
ARTICLE XIII – ENTIRE AGREEMENT
13.1 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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
waiver of any of the provisions shall be effective unless in writing and signed by both parties.
13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the
State of California.
13.3 Authority: The person(s) executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute this Agreement, such party if formally bound to the provisions of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any other
agreement to which said party is bound.
13.4 Compliance with Laws: COMPANY shall keep itself fully informed of all existing and
future state and federal laws and all county and city ordinances and regulations which in any
manner affect those employed by it or in any way affect the performance of services
pursuant to the Agreement. COMPANY shall at all times observe and comply with all such
laws, ordinances and regulations and shall be responsible for the compliance of all work and
services performed by or on behalf of COMPANY.
13.5 Severability: Each provision of the Agreement shall be servable from the whole. If any
provision of this Agreement shall be found contrary to law, the remainder of the Agreement
shall continue in force.
13.6 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:
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
AS TO THE AGENCY:
City of Menifee
29844 Haun Road
Menifee, California 92586
AS TO THE COMPANY:
Data Ticket, Inc.
A California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day
and year last written below.
AGENCY: CITY OF MENIFEE COMPANY: DATA TICKET, INC.
Signature: ________________________ Signature: __________________
Print Name: ________________________ Print Name: __________________
Title: ________________________ Title: __________________
Date: _______________________ Date: __________________
Approved As to Form:
_________________________________________
Jeffrey T. Melching, City Attorney
Attest:
__________________________________________
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3
Brook Westcott
8/13/2020
Chief Operating Officer
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
Armando G. Villa
8/14/2020
City Manager
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
Parking Fee Schedule - Exhibit A
Manual Parking Citation Processing: $1.25
Services for the above-mentioned items include:
On-site data entry of manually written citations performed within 48 hours of receipt
On-site quality assurance verification of manually entered citations
Scanning of all manually written citations onto our network for storage and ease of retrieval
Bi-monthly shredding of manually written citations
Courtesy Notice: $0.00
Services for the above-mentioned item include:
Semi-custom Courtesy Notice that is printed on an 8 ½ x 11” piece of paper and provided in a
window envelope sent to the registered owner of a vehicle
All notices are attached to the citation online and are viewable via the web
All notices sent via 1st Class Mail
All notices include a return envelope in which the responsible party may submit payment
This cost will increase as the US Postal Service increases the 1st Class postage rate
This charge is only incurred if the individual does not pay off the windshield and a notice is
sent to the individual.
Out-of-State Collections: 30% of revenue collected
This fee will cover all expenses associated with obtaining out-of-state registered owner
information and will be due when a citation is paid
Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an
assigned ORI, Data Ticket will request usage of the ORI for reference/audit purposes
only. Data Ticket utilizes its own ORI for transactional purposes
This fee is not combined with any other contingency fee. For example, if a citation is rolled to
a delinquent status, only 30% of revenue collected will be charged
If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency
does not owe this fee.
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
Delinquent Collections: 32% of revenue collected
This fee will be assessed when a citation is ninety (90) days past the citation issue date, or
when a second (2nd) notice is sent if sooner than ninety (90) days, assuming a first notice has
been sent to the registered owner and the citation is not on hold for any reason
In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered
owner
All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11” sheet of
paper and folded into a window envelope; in addition, a window envelope is provided for the
recipient to return payment
All notices are attached to the citation online and are viewable via the web
If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this
fee
Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred
Franchise Tax Board Processing
SSN Look-up $5.00 per SSN
This fee will be assessed to lookup a social security number associated with a particular
registered owner and address
This charge is charged per unique SSN, not per citation
FTB Collections 15% of revenue collected
This fee is charged if a citation is paid at the Franchise Tax Board
This charge is not combined with any other charge; for example, if a citation is rolled to
delinquent status and paid at FTB, only the 15% of revenue collected will be charged
Data Ticket will send an FTB Notice to the Patron as required by the Interagency
Intercept Program; this notice will be sent via 1st Class Mail
All notices are attached to the citation online and are viewable via the web
Data Ticket will pay for the Agency’s cost to participate in the FTB program; annually,
FTB will send an invoice to the Agency for the number of debts placed at FTB; the
Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full
If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the
collection fee
Data Ticket will send an FTB Notice to the Patron as required by the Interagency
Intercept Program; this notice will be sent via 1st Class Mail
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
Adjudication:
1st Level Review Hold & Scanning of Review Request $3.50 per citation
Data Ticket will review all documentation received by the Appellant and determine whether the
request received within the required timeframe
If the request was received within the required timeframe, Data Ticket’s Adjudication
Department will place the citation on an Administrative Review Request Hold and scan all
received documentation into the Citation Management Solution so it is displayed on the web
for the Agency’s Staff
If the request is received outside the required timeframe, the Agency will have the option to
proceed as though the request was received within the timeframe or it may elect to have Data
Ticket send a “time expired letter” rejecting the appeal
1st Level Review Disposition Letters $1.50 per letter
Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail
All letters are attached to the citation online and are viewable via the web
Disposition letters will be sent Monday - Friday
2nd Level Hearing Hold, Scanning and Scheduling of Hearing $3.50 per citation
Data Ticket will review all documentation received by the Appellant and determine whether the
request received within the required timeframe
If the request was received within the required timeframe, Data Ticket’s Adjudication
Department will place the citation on an Administrative Hearing Request Hold and scan all
received documentation into the Solution so that it is displayed on the web for the Agency’s
Staff and the Hearing Officer
If the request is received outside the required timeframe, the Agency will have the option to
proceed as though the request was received within the timeframe or it may elect to have Data
Ticket send a “time expired letter” rejecting the appeal
Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on
either a pre-determined schedule or an ad hoc basis, depending on the Agency’s schedule
2nd Level Hearing Disposition - Optional $85.00 per hour
Data Ticket’s independent, certified, insured hearing officers will be provided to the 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 Agency, Appellant and Data Ticket
Hearings will be scheduled
The Agency will incur costs associated with mileage as defined by Federal guidelines
Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency
location or the Agency may elect to have citations heard at a centralized location within the
County
2nd Level Hearing Schedule & Disposition Letters $1.50 per letter
Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail
All letters are attached to the citation online and are viewable via the web
Disposition letters will be sent Monday – Friday
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
Accepting and Scanning of Indigent Payment Plan Requests
(Approval/Denial by Data Ticket) $5.00 per request
AND
Indigent Payment Plan/Denial Letters $0.85 per letter
Joint / Escrow Banking Services - Optional $50.00 per month
Services for the above-mentioned item include:
Daily deposits of funds to the Agency’s escrow account
Online, real-time reconciliation reports that tie directly to the bank statement
Processing of all credit card charge-backs and Insufficient Funds
Month-end reconciliation of all funds collected
Disbursement of County / State Surcharges at month-end
Payment of Data Ticket’s invoice
Disbursement of the net remittance to the Agency
Scanning of all payments directly to joint bank account daily using remote check deposit
The Agency will be responsible for the purchase of banking supplies, including checks and
endorsement stamps; these fees typically run $200.00 per year
Charge-backs and NSF’s - Optional $5.00 per issued instance
Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence
Once processed, Data Ticket will send a custom letter to the individual detailing the returned
item and the amount due on the citation
Refunds – Optional $5.00 per issued instance
Data Ticket will process refunds when notified of each need
In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each
refund due
Refunds will be issued weekly
Refunds will be sent via 1st Class Mail
Monthly Minimum $150.00
A minimum fee of $150.00 will be charged on a monthly basis if services do not reach this
level (not inclusive of the Joint/Escrow Banking Services fee)
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MENIFEE - SERVICES INCLUDED AT NO
ADDITIONAL COST
Online Access for the Agency’s Patrons: Included
The Agency’s Patrons will have the ability to perform the following functions online:
View real-time citation(s) data
Pay for a single or many citation(s)
Request a 1st Level Administrative Review and attach up to three documents supporting their
position
Request a 2nd Level Administrative Hearing Request and attach up to three documents
supporting their position
Print a receipt
View pictures of the citation taken by the issuing officer (if the Agency allows)
Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to each
individual who requires access to the system. Data Ticket does not limit the number of individuals
who have access to the system and the number and types of access can change at any point with
a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each and every transaction in the
system so that the username is displayed next to every transaction in the system, indicating who
performed the transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following
capabilities are available:
View real-time citation(s) data, including pictures taken by the Issuing Officer
Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
Accept payment via Cash, Check or Money Order
Process NSFs and Refunds
Reduce or increase violation amounts, dismiss citations, void citations and place a citation on
hold
Change citation data, including violations, date, time, plate, location, comments, make, model,
color, registration expiration date and others
Perform Administrative Reviews online by entering the disposition directly online
Generate a time expired or letter of non-responsibility for a citation in the adjudication process
View the complete reason for the Review Request and supporting documentation provided by
the Appellant directly online
Edit Appellant information
Upload disposition documents sent to the Agency via US Mail
Add a note to a citation and see all comments added to the citation
View the reason for the 2nd Level Administrative Hearing Request online and view the
supporting documentation provided by the Appellant, directly online
Print a receipt with or without registered owner information
Reporting: Included
Data Ticket offers 36 reports online as well as a Customized reporting application for our
Clients to generate, print and re-print 24/7. We provide real-time reports that can be generated
for any timeframe required and we provide pre-processed/month-end reports that reflect the
month-end view of data.
All reports are available online and because we do not purge data unless specifically
requested to do so by a Client, the data is available as long as the Agency is a Client.
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MENIFEE - SERVICES INCLUDED AT NO
ADDITIONAL COST
All reports are generated in HTML so our Clients can copy and paste the data into Excel
for data manipulation purposes.
If the Agency were to request a report that was not already available, Data Ticket would work
with the Agency to design the report and provide it to the Agency at no cost.
Manual Payment Processing: Included
Manually received payments (checks, cash, money orders and credit card payments sent via
US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier
picks up the mail daily and delivers it to our Newport Beach office
On-site Mail Department opens, sorts and batches the payments before providing them to our
on-site Data Entry Department
After double-blind entry of each payment, the citations are updated by our Quality Assurance
team
Payments are then provided to our Accounting Department where daily deposit slips are
completed and provided to a bonded, insured courier who takes them to the bank
Registered Owner Information: Included
Registered owner information for all citations issued on California license plates
Turnaround time for acquisition of California registered owner information is same day
Registered owner information for all citations issued on out of state license plates
Data Ticket is a recognized Strategic Partner with NLETs and has access to registered
owner information nationwide through the NLETs service
Access to this system requires the use of the County’s ORI for tracking purposes only;
Data Ticket will utilize its own ORI for actually acquiring the out of state data
Turnaround time for acquisition of out of state registered owner information using
NLETs is same day
CA DMV Holds and Releases: Included
California DMV Holds and Release performed daily via an online connection
Holds and releases can also be performed real-time, upon request
Citation amounts placed on hold are updated daily in the event a partial payment is made
Customer Service:Included
Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully
trained to answer questions related to citation issuance, payment, adjudication, fix-it
tickets, sign-offs, FTB, advanced collections and more
All calls are recorded to quality assurance and recordings can be sent to the Agency at any
time for review.
Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides
real-time information to the caller regarding current status, including the amount due
The IVR accepts VISA, MasterCard, Discover, and American Express
Web Presence: Included
Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is provided
at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is
not Agency branded. This website allows for the Agency and the Agency’s Patrons to
access citations online
If the Agency prefers to have an Agency branded website, one in which the look and feel
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MENIFEE - SERVICES INCLUDED AT NO
ADDITIONAL COST
mimics that of the Agency’s website, Data Ticket can and will provide this feature to the
Agency.
Conversion: Included
Data Ticket will convert the citations currently with the Agency’s existing vendor at no cost to
the Agency
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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket.com
PROPOSAL FOR THE CITY OF MENIFEE - SERVICES INCLUDED AT NO
ADDITIONAL COST
Credit / Debit Card Processing $3.50 per transaction
Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard,
Discover, and American Express on our website, www.CitationProcessingCenter.com, via
our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bi-lingual
IVR Solution
There is no charge to the Agency for credit / debit card processing; however, the Patron is
charged $3.50 per transaction; this means the Patron can pay for a single or many citations
at once and incur a single $3.50 fee
Payment Plan Processing $15.00 per transaction
An administrative fee will be assessed to Patrons who wish to participate in a payment
plan
This fee will cover the cost of the payment plan initiation, and the cost of a
confirmation letter that is sent to the Patron confirming the details of the payment
plan
The Agency will have the ability to determine whether Payment Plans are accepted
and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $30.00 per transaction
If a chargeback occurs, a fee will be charged to the Patron for the processing of the
chargeback
No fee will be charged to the Agency
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
ClientServices@DataTicket.com
- 1 –
Administrative Fee Schedule - Exhibit B
Fee Description Administrative Citation
Processing Fees
Manual Citation Processing $19.00
Franchise Tax Board
Processing - SSN Look-up
$5.00 per unique SSN
FTB Collections 15% of paid amount
Collections - Legal Action Not
Required - Optional
30% of paid amount
Certified Letters - Optional $5.00
Hearing Performance $85.00 / hr
A minimum fee of $200.00 will be charged on a monthly basis if services do not reach this level.
To further provide definition surrounding each line item, we have provided additional details
below and on the following pages.
Manual and Electronic Administrative Citation Processing:
Services for the above-mentioned items include:
Data entry of manually written citations performed within 48 hours of receipt
Quality assurance verification of manually entered citations
Scanning of all manually written citations onto our network for storage and ease of retrieval
Bi-monthly shredding of manually written citations
Electronic transfer of all electronically written citations, recordings, videos and photographs
Franchise Tax Board Processing:
SSN Look-up
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
This fee is charged if a citation is paid at the Franchise Tax Board
This charge is not combined with any other charge; for example, if a citation is rolled to
delinquent status and paid at FTB, only the 15% of revenue collected will be charged
Data Ticket will send an FTB Notice to the Customer as required by the Interagency
Intercept Program; this notice will be sent via 1st Class Mail at no additional cost to
the Agency
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
ClientServices@DataTicket.com
- 2 –
All notices are attached to the citation online and are viewable via the web
Data Ticket will pay for the Agency’s cost to participate in the FTB program; annually,
FTB will send an invoice to the Agency for the number of debts placed at FTB; the
Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full
If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe
the collection fee
Advanced Collections
This fee is charged if a citation is paid at Advanced Collections
2nd Level Hearing Hold, Scanning and Scheduling of Hearing
Data Ticket will review all documentation received by the Appellant and determine whether
the request received within the required timeframe
If the request was received within the required timeframe, Data Ticket’s Adjudication
Department will place the citation on an Administrative Hearing Request Hold and scan all
received documentation into the Solution where it is displayed on the web for the Agency’s
Staff and the Hearing Officer
If the request is received outside the required timeframe, the Agency will have the option to
proceed as though the request was received within the timeframe or it may elect to have
Data Ticket send a “time expired letter” rejecting the appeal
Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on
either a pre-determined schedule or an ad hoc basis, depending on the Agency’s schedule
2nd Level Hearing Schedule & Disposition Letters
Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail
All letters are attached to the citation online and are viewable via the web
Disposition letters will be sent Monday – Friday
2nd Level Hearing Disposition
Data Ticket’s independent, certified, insured hearing officers will be provided to the 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 Agency, Appellant and Data Ticket
Hearings will be scheduled as needed and will be coordinated with the Agency
The Agency will incur costs associated with mileage as defined by Federal guidelines
Data Ticket will work with the Agency to arrange for the use of a conference room at an
Agency location or the Agency may elect to have citations heard at a centralized location
within the County
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2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
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Joint / Escrow Banking Services (Optional) $50.00 per month
Services for the above-mentioned item include:
Daily deposits of funds to the Agency’s escrow account
Online, real-time reconciliation reports that tie directly to the bank statement
Processing of all credit card charge-backs and Insufficient Funds
Month-end reconciliation of all funds collected
Payment of Data Ticket’s invoice
Disbursement of the net remittance to the Agency
Scanning of all payments directly to joint bank account daily using remote check deposit
The Agency will be responsible for the purchase of banking supplies, including checks and
endorsement stamps; these fees typically run $200.00 per year
Refunds verified and issued weekly
Online Access for the Agency’s Customers: Included
The Agency’s Customers will have the ability to perform the following functions online:
View real-time citation(s) data
Pay for a single or many citation(s)
Request a Hearing online and attach up to 3 supporting documents
Print a receipt
View pictures of the citation taken by the issuing officer (if the Agency allows)
Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to
everyone who requires access to the system. Data Ticket does not limit the number of
individuals who have access to the system and the number and types of access can change at
any point with a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each transaction in the system so that
the username is displayed next to every transaction in the system, indicating who performed the
transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following
capabilities are available:
View real-time citation(s) data, including pictures taken by the Issuing Officer
Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
Accept payment via Cash, Check or Money Order
Process NSFs, Charge-backs and Refunds
Reduce or increase violation amounts, dismiss citations, void citations and place a citation
on hold
Change citation data, including violations, date, time, location, comments, and others
Generate a time expired or letter of non-responsibility for a citation in the adjudication
process
View the complete reason for the Hearing Request and supporting documentation provided
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by the Appellant directly online
Edit Appellant information
Upload disposition documents sent to the Agency via US Mail
Add a note to a citation and see all comments added to the citation
View the reason for the 2nd Level Administrative Hearing Request online and view the
supporting documentation provided by the Appellant, directly online
Print a receipt with or without responsible party information
Reporting: Included
Data Ticket offers 24 reports online for our Clients to generate, print and re-print 24/7. We
provide real-time reports that can be generated for any timeframe required and we provide
pre-processed/month-end reports that reflect the month-end view of data.
All reports are available online and because we do not purge data unless specifically
requested to do so by a Client, the data is available if the Agency is a Client.
All reports are generated in HTML so our Clients can copy and paste the data into Excel for
data manipulation purposes.
Report Generator capabilities that provide the Agency Personnel with the ability to create,
save, share and print custom reports at any time for any time frame.
If the Agency were to request a report that was not already available, Data Ticket would
work with the Agency to design the report and provide it to the Agency at no cost.
Manual Payment Processing: Included
Manually received payments (checks, cash, money orders and credit card payments sent
via US Mail) are received at our PO Box in Newport Beach where a bonded and insured
courier picks up the mail daily and delivers it to our Newport Beach office
On-site Mail Department opens, sorts and batches the payments before providing them to
our on-site Data Entry Department
After double-blind entry of each payment, the citations are updated by our Quality
Assurance team
Payments are then provided to our Accounting Department where daily deposit slips are
completed and provided to a bonded, insured courier who takes them to the bank
Charge-backs and NSF’s Included
Data Ticket will process credit card charge-backs and NSFs when notified of each
occurrence if Agency is not an escrow account holder
Once processed, Data Ticket will send a custom letter to the individual detailing the returned
item and the amount due on the citation
Refunds Included
Data Ticket will process refunds when notified of each by the Agency
In the event the Agency utilizes Joint Banking, Data Ticket will verify, generate and send
each refund due
Refunds will be issued weekly
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Refunds will be sent via 1st Class Mail
Customer Service: Included
Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is
fully trained to answer questions related to citation issuance, payment, adjudication,
FTB, advanced credit reporting collections and more
All calls are recorded to quality assurance and recordings can be sent to the Agency
at any time for review
Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides
real-time information to the caller regarding current status, including the amount due
The IVR accepts VISA, MasterCard, Discover, and American Express
Web Presence: Included
Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is provided
at: www.CitationProcessingCenter.com; this is a generic website in the sense that it
is not Agency branded. This website allows for the Agency and the Agency’s
Customers to access citations online
If the Agency prefers an Agency branded website, one in which the look and feel
mimics that of the Agency’s website, Data Ticket can and will provide this feature to
the Agency
Cost Increases:
Postal Rate Increase Offset – If postal rates increase during the term of the agreement,
fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
CPI Increases – There will be NO CPI increases for the duration of the agreement.
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SCOPE OF SERVICE AND PERFORMANCE AGREEMENT
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, California 92614
(here‐in‐after sometimes referred to as "Company")
AND
City of Menifee
Police Department
29714 Haun Road
Menifee, California 92586
(here‐in‐after sometimes referred to as "Agency")
The Company intends to provide for the processing of fines, bail and forfeiture thereof, in
connection with the issuance of citations for illegal parking pursuant to the laws of the
California.
ARTICLE I ‐ CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which
COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation of the number of
citations received from AGENCY.
1.2 Determination of Processable Citations: COMPANY shall screen the parking citations
referred to it by 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 within seven (7) business days of
receipt, by COMPANY'S office, 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 in payment of citations. The AGENCY shall own the account and deposits shall be
made directly into the account by the COMPANY for the collecting AGENCY. The COMPANY will
invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30)
calendar 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 account held jointly
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between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month
following the banking activity, disburse all revenue due the AGENCY, the COMPANY, any tax or
surcharge liability and all refunds and provide all supporting documentation for the AGENCY
records.
1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and attempt
to obtain the name and address of the registered vehicle owner from the State Department of
Motor Vehicles (DMV) for each vehicle for which a parking citation has been issued but
payment for which has not been received within the required time period. COMPANY shall
follow all procedures specified by the DMV, and be consistent with the Vehicle Code when
identifying registered vehicle owners.
1.5 Verification of Ownership: COMPANY will 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.
1.6 Delinquency Notices: In accordance with State law, COMPANY will generate and mail
(presorted, first‐class postage) no sooner than allowable by law, 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
State 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
arrest);
C. The amount of fines and fees due and payable;
D. Affidavit of Non‐Ownership.
1.7 Registration Holds: The COMPANY will provide the system and procedures and will
interface with the State Department of Motor Vehicles to place a hold on vehicle registration
having unpaid parking fines and fees due against those vehicles in accordance with the 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.
1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will
interface with the 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.
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1.9 Contested Citations: In the event a registered vehicle owner disputes the
liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner
of his/her right to request an appeal according to the laws in the state of citation issue. All
contested citations will be forwarded to the appeals administrator or AGENCY within the
prescribed time period so that the matter can be adjudicated.
1.10 Appeals: If requested by AGENCY, the COMPANY will schedule and conduct appeals in
accordance with state law, to respond to parking violators wishing to contest their citations.
The COMPANY will provide a toll‐free number for contestants to call, correspond with
contestants and notify them of decisions; maintain records of dispositions and appeal
paperwork and refer all paperwork to Court if required. The COMPANY shall not be responsible
for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall
be responsible to pay any court filing fees due, if appeals are sent to Court and earlier decisions
are overturned by the Court.
1.11 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, parking 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 cancellations of parking citations as a result of hearing/ court action.
Parking citations that are dismissed as a result of hearing/court action, will have the dismissal
processed by the COMPANY promptly after receipt from the Hearing/Court.
1.12 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.
1.13 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.
1.14 Parking Citation System Master File Update: COMPANY will regularly, on a daily basis,
update the parking citation database with new citations, payments, reductions, cancellations,
dismissals and any other pertinent data.
ARTICLE II ‐ PAYMENT PROCESSING
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2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of
five (5) years. Closed citations will remain on‐line for at least one (1) year, for research and
statistical purposes.
2.2 Payments Processing: COMPANY shall process citation payments within twenty‐four (24)
hours of receipt. Payments shall be immediately posted in one (1) of three (3) following
categories:
"Regular Payments" are payments with the correct bail, paid on or before the due date.
(This includes payments properly complying with prior Notices‐of‐Intent).
"Partial Payments" are payments paid for less than the amount of bail due. A notice or
additional correspondence may advise defendant of late charges and/or incorrect bail.
"Court/Hearing Requests" are all requests for administrative/court hearings by defendants.
These requests are sorted so that bail submitted is immediately posted, and if needed the
original citations are retrieved.
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 for proper
follow‐up either by AGENCY or by COMPANY.
2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control
procedures. 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 scanned and stored electronically on the network for a minimum period of three (3)
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 triplicate. If a joint account
between COMPANY and AGENCY is opened, all deposits shall be directly deposited and
COMPANY shall perform all reconciliation and check generation along with monthly invoicing.
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If only the AGENCY'S designated bank account is used, COMPANY will deposit directly into the
designated account, but will have no authorization to perform any other duties. Monthly
invoicing will be generated by the parking management system and AGENCY will be responsible
to reconcile the account and cut all checks. In that case, AGENCY will supply deposit slips and
endorsement stamp to COMPANY
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 and
interface of its database, including all citations and information relating to changes in status.
3.2 Patron Web Site Access: When the AGENCY has web site access, the 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 AGENCY staff
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
and export into Excel for easy flexible reporting.
3.5 Web Site Cost: User ID’s and passwords will be assigned to the AGENCY at
no cost.
ARTICLE IV – ADDITIONAL SERVICES
4.1 California Vehicle Code 40215: Services provided include accepting, scheduling, reviewing
and hearing of first and second level administrative appeals, interfacing and providing backup
for Court appearances and notifying AGENCY contestants by phone and in writing of decisions.
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.
4. 2 Other Collections: COMPANY shall retain a percent of payments collected on delinquent
citations which have been processed in accordance with the current Agreement, and meet the
following criteria:
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A. Delinquent citations; those for which the California State Department of
Motor Vehicles have been placed on a registration hold and/or dropped from
the registration hold due to 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.
C. Any other problem or special citations that AGENCY so
designates and refers to COMPANY under this Agreement.
4.3 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 V ‐ GENERAL
5.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of
a nonjudicial nature. Inquiries of a judicial nature will be referred to the AGENCY for
determination, unless the COMPANY has been designated to handle appeals.
5.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any
specific case without AGENCY'S prior approval.
5.3 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.
5.4 Books and Records: COMPANY will maintain consistent with the requirements of the State
and local laws, 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 inspection and audit the by AGENCY upon its
request and will be made available within a reasonable time of the request, not to exceed 7
days from the date of the request by the AGENCY. Copies of such documents shall be provided
to the AGENCY for inspection at the AGENCY’s address indicated for receipt of notices in this
Agreement when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at COMPANY’s address indicated for receipt of notices in
this Agreement.
5.5 Ownership: Except as provided by State and local law, all reports, information, and data,
including but not limited to computer tapes, discs, or files furnished or prepared by the
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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.
The AGENCY is entitled to keep and use any reports and data it may reasonably need to
administer its citation, bail, and fine programs during or in the event of termination of this
Agreement. In the event this Agreement is terminated by either party, the COMPANY will be
required to cooperate with the AGENCY in obtaining all data and reports necessary to assume
administration of the programs or contract with another company to administer the programs.
5.6 Property of AGENCY: All documents, records, discs, files and tapes supplied by AGENCY to
COMPANY in performance of this Agreement 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 for the
cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S
designated point of delivery.
5.7 Confidentiality: All documents, records, discs, files and tapes supplied by AGENCY to
COMPANY in performance of this Agreement 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 for the
cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S
designated point of delivery.
5.8 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 organizations that are necessary to properly effectuate the terms and
conditions of this agreement, unless requested under State or Federal law, subpoena or court
order. Agency shall promptly inform Company of any such request or order of disclosure
immediately upon receipt by Agency. This Non‐Disclosure obligation shall survive the
Termination of this Agreement.
5.9 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. COMPANY shall
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not disclose to any third party any confidential information contained in any citation obtained
from the AGENCY.
5.10 Storage for AGENCY:
A.COMPANY agrees to store original citations, manually scanned or received
electronically, on the network for a minimum of three (3) years. 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 all hard
copies to the AGENCY or shred them. If requested, an electronic file, diskette
or CD of all processed data will be available to the AGENCY.
ARTICLE VI ‐ REPORTS
6.1 Periodic Reports: COMPANY will submit reports to AGENCY each month. The reports will
provide activities relating to performance under this Scope of Services. Among the reports,
which COMPANY will generate, are the following:
A. Report of Revenue Collected for Period
B.Report for Parking Citations Issued for Period
C.A balanced summary report for issuing AGENCY providing the status of all
parking citations at the beginning of the period, current period and at the end
of the period.
D.A report for issuing Agency identifying registered vehicle owners with
multiple outstanding parking citations.
E.A report for issuing Agency identifying the parking citations issued, location,
and violation by officer.
6.2 PCI Compliance Reports/Certificates: Quarterly and Ad Hoc certificates will be sent to the
Agency.
6.3 Annual Reports: Annually, COMPANY shall comply with existing state laws.
ARTICLE VII – TERM OF CONTRACT AND COSTS
7.1 Terms and Renewals: This Agreement shall be for 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 ninety (90) calendar days prior to the end of the scheduled term, this Agreement shall
automatically renew for additional one (1) year periods. In conjunction with the automatic
extension of the terms of this Agreement, COMPANY may give notice of reasonable price
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adjustments for its processing services. The AGENCY will have thirty (30) calendar 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 sixty (60) calendar days written notice to
COMPANY, the AGENCY may cancel or terminate this Agreement for any reason, with
our without cause.
7.2 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY
during the term of the Agreement for the processing of the citations referred to above. AGENCY
agrees during the term of the Agreement, to not directly or indirectly engage a competitor of the
COMPANY for the performance of the services provided by the COMPANY under this Agreement.
7.4 Costs: Cost shall be charges as set forth in Exhibit A.
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 five (5) business 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 agency 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 the AGENCY or any
of its officers or employees under this AGREEMENT.
ARTICLE IX – SUBCONTRACTORS AND ASSIGNMENTS
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9.1 Subcontracting: COMPANY is authorized to engage subcontracts as permitted by law at
COMPANY’S own expense, subcontracts shall be deemed agents of COMPANY.
9.2 Assignments: This contract may not be assigned without the prior 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 the 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
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
cancelled, reduced in coverage or limits or non‐renewed except after thirty (30) calendar 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
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
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combined with the comprehensive general liability coverage required above.
C)Throughout the period of the Agreement, COMPANY, at its sole cost, shall maintain in
full force and effect a policy of worker’s compensation insurance covering all of its
employees as required by the labor code of the State of California.
ARTICLE XII – SECURITY PROVISIONS
12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but
not limited to:
A) All AGENCY employees who are provided access to services provided by
COMPANY must complete a background check and must complete annual
security awareness trainings.
B) All AGENCY employees must sign security agreement documents subject to the
source state of the information being obtained by DMV entities.
C) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with
access to COMPANY services leaving their role.
D) AGENCY must inform COMPANY of any breach of information within 24 hours, so
the appropriate government agencies can be notified of the breach.
E) AGENCY understands and agrees that security requirements may change and be
updated to reflect the most current security requirements of the government
agencies we work with to obtain vehicle registered information.
F) AGENCY understands that evidence of the security requirements may be
requested to comply with COMPANY audit requirements of the governmental
agencies we work with.
G) AGENCY understands and agrees that access to confidential registered owner
information may be immediately restricted or terminated if any of the
mandatory provisions above are found to be violated or abused.
ARTICLE XIII – ENTIRE AGREEMENT
13.1 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
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2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
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provisions shall be effective unless in writing and signed by both parties.
13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State
of California.
13.3 Notice to Parties:
a. Authority: The person(s) executing this Agreement on behalf of the parties hereto warrant
that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other agreement to which said party is bound.
b. Compliance with Laws: COMPANY shall keep itself fully informed of all existing and future
state and federal laws and all county and city ordinances and regulations which in any manner
affect those employed by it or in any way affect the performance of services pursuant to this
Agreement. COMPANY shall at all times observe and comply with all such laws, ordinances, and
regulations and shall be responsible for the compliance of all work and services performed by
or on behalf of COMPANY.
c. Severability: Each provision of this Agreement shall be severable from the whole. If any
provision of this Agreement shall be found contrary to law, the remainder of this Agreement
shall continue in full force.
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:
DocuSign Envelope ID: 67642070-7319-4F3E-BA7A-0EC4CDA49FC3DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
ClientServices@DataTicket.com
07/27/2020 - 13 -
AS TO THE AGENCY:
City of Menifee
Police Department
29714 Haun Road
Menifee, California 92586
AS TO THE COMPANY:
Data Ticket, Inc.
A California Corporation
2603 Main Street, Suite 300
Irvine, California 92010
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year
last written below.
AGENCY: COMPANY:
CITY OF MENIFEE DATA TICKET, INC.
____________________________________ _________________________________
Signature Signature
____________________________________ _________________________________
Print Name and Title Print Name and Title
____________________________________ _________________________________
Date Date
Approved As to Form:
_________________________________________
Jeffrey T. Melching, City Attorney
Attest:
__________________________________________
Sarah A. Manwaring, City Clerk
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8/13/2020
Chief Operating OfficerBrook Westcott
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City Manager
8/14/2020
Armando G. Villa
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DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
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From:Margarita Cornejo
To:Jeffery T. Melching
Subject:Agreement Review Request: DataTicket (Menifee PD and Code Enforcement)
Date:Tuesday, July 21, 2020 11:02:00 AM
Attachments:DataTicket Agreement (CODE ENFORCEMENT).pdf
image008.png
DataTicket Agreement (MENIFEE PD).pdf
Good Morning Jeff,
Attached for your review are two (2) Services Agreement with Data Ticket Inc. for processing of
fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking.
This agreement request is from the City’s Police Department and Code Enforcement.
Can you please review and advise if this is ok to start routing for signatures or will require any
changes?
Thank you again!
Margarita Cornejo | Financial Services Manager
Finance Department
City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!)
Direct: (951) 723-3716 |City Hall: (951) 672-6777 |Fax: (951) 679-2568
mcornejo@cityofmenifee.us
Connect with us on social media: | | |
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California
Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be
responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
07/21/2020City of Menifee1 4:37PMPage:expstat.rptExpenditure Status Report7/1/2020 through 6/30/2021Periods: 0 through 14General Fund100Account NumberAdjustedAppropriationExpendituresYear-to-date ExpendituresYear-to-date EncumbrancesBalancePrct Used100-4911 Menifee Police Department5,365,325.00 168,370.92 168,370.92 3.14100-4911-50100 Salaries0.00 5,196,954.080.00 4,250.00 4,250.00 0.00100-4911-50154 Other Benefits0.00 -4,250.0051,817.00 42,450.00 42,450.00 81.92100-4911-50157 Uniform Allowance - PD0.00 9,367.00426,000.00 7,407.71 7,407.71 1.74100-4911-50200 Overtime0.00 418,592.2915,000.00 0.00 0.00 0.00100-4911-50210 On Call Pay/Call Back Pay0.00 15,000.000.00 650.28 650.28 0.00100-4911-50220 Part Time0.00 -650.28125,400.00 551.03 551.03 0.44100-4911-50225 Extra Duty/Shift Coverage PD0.00 124,848.97463,000.00 0.00 0.00 0.00100-4911-50226 Hiring Bonus/Retention Pay - PD0.00 463,000.000.00 3,258.43 3,258.43 0.00100-4911-50230 Education Incentive Pay0.00 -3,258.43747,630.00 22,395.71 22,395.71 3.00100-4911-50300 PERS Retirement0.00 725,234.2976,934.00 3,183.75 3,183.75 4.14100-4911-50320 Medicare0.00 73,750.251,202,043.00 32,010.83 32,010.83 2.66100-4911-50400 Section 125 Benefit Plan0.00 1,170,032.1733,200.00 0.00 0.00 0.00100-4911-51010 Office Supplies0.00 33,200.002,000.00 0.00 0.00 0.00100-4911-51011 Supplies0.00 2,000.003,000.00 0.00 0.00 0.00100-4911-51200 Postage0.00 3,000.003,000.00 0.00 0.00 0.00100-4911-51300 Printing & Duplication0.00 3,000.004,000.00 0.00 0.00 0.00100-4911-51500 Small Tools/Field Equipment0.00 4,000.0026,510.00 0.00 0.00 0.00100-4911-51501 Materials and Supplies0.00 26,510.008,250.00 0.00 0.00 0.00100-4911-51600 Special Dept Exp0.00 8,250.002,500.00 0.00 0.00 0.00100-4911-51720 Marketing0.00 2,500.0033,500.00 0.00 0.00 0.00100-4911-52040 Telephone0.00 33,500.0035,000.00 0.00 0.00 0.00100-4911-52041 Utilities-Electricity0.00 35,000.00600.00 0.00 0.00 0.00100-4911-52042 Utilities-Gas0.00 600.005,000.00 0.00 0.00 0.00100-4911-52043 Utilities-Water0.00 5,000.00427,500.00 33,557.94 33,557.94 25.34100-4911-52060 Building Leases74,763.45 319,178.615,000.00 695.00 695.00 13.90100-4911-52200 Membership & Dues0.00 4,305.005,000.00 0.00 0.00 0.00100-4911-52205 Travel-Investigative PD0.00 5,000.0015,000.00 0.00 0.00 0.00100-4911-52210 Conference/Mtgs/Mileage0.00 15,000.0075,000.00 0.00 0.00 0.00100-4911-52211 Training0.00 75,000.0010,800.00 0.00 0.00 0.00100-4911-52400 Uniforms0.00 10,800.0012,000.00 0.00 0.00 0.00100-4911-52500 Equipment Maint.0.00 12,000.001Page:
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
07/21/2020City of Menifee2 4:37PMPage:expstat.rptExpenditure Status Report7/1/2020 through 6/30/2021Periods: 0 through 14General Fund100Account NumberAdjustedAppropriationExpendituresYear-to-date ExpendituresYear-to-date EncumbrancesBalancePrct Used20,000.00 0.00 0.00 99.78100-4911-52502 Leased Equipment19,955.63 44.3720,000.00 0.00 0.00 50.00100-4911-52510 Blood Draws10,000.00 10,000.0022,500.00 0.00 0.00 0.00100-4911-52515 Citation Service Fees - PD0.00 22,500.0035,220.00 0.00 0.00 1.07100-4911-52751 Protective Devices & Accessories378.45 34,841.557,500.00 0.00 0.00 0.00100-4911-52752 Property/Evidence/Forensics0.00 7,500.00258,500.00 0.00 0.00 0.00100-4911-52800 Professional Services0.00 258,500.0095,000.00 0.00 0.00 0.00100-4911-52810 Cal ID0.00 95,000.0010,000.00 0.00 0.00 0.00100-4911-52814 Forensic Charges0.00 10,000.005,800.00 0.00 0.00 0.00100-4911-52820 Vehicle Towing - PD0.00 5,800.008,000.00 0.00 0.00 0.00100-4911-53150 Furniture & Equipment0.00 8,000.00408,989.00 0.00 0.00 0.00100-4911-59005 Operating Transfer Out - IT Support0.00 408,989.00449,821.00 0.00 0.00 0.00100-4911-59010 Operating Transfers Out - Fleet Support0.00 449,821.00105,798.00 0.00 0.00 0.00100-4911-59011 Operating Transfers Out - Facility Supp.0.00 105,798.00Total General Fund10,627,137.00 318,781.60 318,781.60 105,097.53 10,203,257.87 3.99Grand Total10,627,137.00 318,781.60 318,781.60 3.99105,097.53 10,203,257.872Page:100-4911-52515 Citation Service Fees - PD22,500.000.000.00
DocuSign Envelope ID: B900E989-4331-4D1B-9790-690D40046E43
07/21/2020City of Menifee1 4:33PMPage:expstat.rptExpenditure Status Report7/1/2020 through 6/30/2021Periods: 0 through 14General Fund100Account NumberAdjustedAppropriationExpendituresYear-to-date ExpendituresYear-to-date EncumbrancesBalancePrct Used100-4332 Code Enforcement139,998.00 2,647.83 2,647.83 1.89100-4332-50100 Salaries0.00 137,350.1713,000.00 156.12 156.12 1.20100-4332-50200 Overtime0.00 12,843.8816,649.00 209.85 209.85 1.26100-4332-50300 PERS Retirement0.00 16,439.152,030.00 40.91 40.91 2.02100-4332-50320 Medicare0.00 1,989.0952,500.00 1,108.68 1,108.68 2.11100-4332-50400 Section 125 Benefit Plan0.00 51,391.325,500.00 0.00 0.00 0.00100-4332-51300 Printing & Duplication0.00 5,500.0035,000.00 0.00 0.00 0.00100-4332-51462 General Nuisance Abatement0.00 35,000.00250.00 0.00 0.00 0.00100-4332-51500 Small Tools/Field Equipment0.00 250.001,500.00 0.00 0.00 0.00100-4332-51600 Special Dept Exp0.00 1,500.001,000.00 0.00 0.00 0.00100-4332-52200 Membership & Dues0.00 1,000.009,240.00 0.00 0.00 0.00100-4332-52210 Conference/Mtgs/Mileage0.00 9,240.007,250.00 0.00 0.00 0.00100-4332-52211 Training0.00 7,250.0013,500.00 0.00 0.00 0.00100-4332-52400 Uniforms0.00 13,500.0050,000.00 0.00 0.00 0.00100-4332-52800 Professional Services0.00 50,000.003,000.00 0.00 0.00 0.00100-4332-52813 Field Equipment Repair & Maintenance0.00 3,000.0030,000.00 0.00 0.00 0.00100-4332-52820 Vehicle Abatement Towing0.00 30,000.007,000.00 0.00 0.00 0.00100-4332-53150 Furniture & Equipment0.00 7,000.00181,157.00 0.00 0.00 0.00100-4332-59005 Operating Transfer Out - IT Support0.00 181,157.0035,604.00 0.00 0.00 0.00100-4332-59010 Operating Transfers Out - Fleet Support0.00 35,604.00Total General Fund604,178.00 4,163.39 4,163.39 0.00 600,014.61 0.69Grand Total604,178.00 4,163.39 4,163.39 0.690.00 600,014.611Page:100-4332-52800 Professional Services50,000.000.000.00
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