SCOPE OF SERVICE AND PERFORMANCE AGREEMENTDATAU
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
SCOPE OF SERVICE AND PERFORMANCE AGREEMENT
Data Ticket, Inc.
4600 Campus Drive, Suite 200
Newport Beach, California 92660
(here -in -after sometimes referred to as "COMPANY ")
AND
THE CITY OF CLEARWATER
112 S OSCEOLA AVENUE
CLEARWATER, FLORIDA 33756
(here -in -after sometimes referred to as "AGENCY "),
The COMPANY intends to provide for the processing of fines, bails and forfeiture
thereof, in connection with the issuance of citations for illegal parking pursuant to the
laws of the State of Florida and City of Clearwater Ordinances.
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)
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 or the AGENCY,
dependent upon where the funds are received. The COMPANY will invoice the
AGENCY for services rendered. Payment of invoice in full shall be due within thirty (30)
days of AGENCY's receipt of invoice, after which interest shall be accrued at the rate of
6 %, (or lower if any statutes, rules or regulations prohibit this rate).
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
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1.4 AGENCY Account: the AGENCY shall reconcile the account the month following the
banking activity, disburse all revenue due the COMPANY, any tax or surcharge liability
and all refunds and provide all supporting documentation for the COMPANY records.
1.5 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.
1.6 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.
1.7 Courtesy and Delinquency Notices: In accordance with State law, COMPANY will
generate and mail (presorted, first -class postage) no sooner than allowable by law, a
first courtesy notice and subsequent 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 notices 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.
1.8 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.
1.9 Removal of Registration Holds: COMPANY will provide the system and procedures
and will interface with the State Department of Motor Vehicles to remove registration
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
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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 and /or the AGENCY.
1.10 Contested Citations: In the event a registered vehicle owner disputes his /her
liability for the outstanding parking citation, COMPANY and /or the AGENCY 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 within the prescribed time period so that the matter can be adjudicated.
1.11 Appeals: If requested by AGENCY, the COMPANY will schedule 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 and a
web site for contestants to appeal. The COMPANY and /or the AGENCY will 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.
1.12 Citations Disposed of by Hearing /Court: The COMPANY or AGENCY 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. The AGENCY will be responsible for all interactions with the Pinellas County
Court system for parking ticket disputes elevated to a court hearing. Such interactions
shall include, but may not be limited to, correspondences with the court system and
attending court hearings. The AGENCY will maintain records indicating any reduction
or cancellations of parking citations as a result of hearing /court action and will provide
such information to COMPANY. Parking citations that are dismissed as a result of
hearing /court action will have the dismissal processed by the COMPANY or AGENCY
promptly after receipt from the Hearing /Court.
1.13 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.
1.14 Payments by U.S. Mail: It is the citizen's responsibility to ensure that payments
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
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are received on or before the date due. The postmarked date on the envelope used by
a citizen to provide payment shall be the criteria to establish any delinquent fees due.
In the event the postmarked date is not visible on the envelope, the posted payment
date would be three days prior to date received by AGENCY.
1.15 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
2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a
minimum of three (3) years. 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 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 and /or the AGENCY 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 for proper follow -up either by AGENCY or by COMPANY.
2.4 Batchinq 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
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for a minimum period of three (3) years.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
2.5 Cash Payments: COMPANY and /or AGENCY shall maintain an effective method of
handling cash payments. All cash received by COMPANY, shall be deposited into
AGENCY's account and logged in a cash journal. All cash received by AGENCY shall
be deposited into AGENCY's account and processed in accordance with AGENCY's
standard procedures. 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. All deposits shall be
directly deposited and COMPANY and /or AGENCY shall perform all reconciliation and
check generation along with monthly invoicing. COMPANY will deposit directly into
AGENCY's 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. AGENCY will supply deposit
slips and endorsement stamp to COMPANY.
2.7 Revenue Report: The COMPANY shall provide a monthly revenue report listing all
revenues received during a given month. This report will also provide information
regarding the AGENCY's responsibility for any fees or obligations with respect to use of
the collected funds such as court costs as described in 1.12 above and contributions to
AGENCY's School Crossing Guard Program.
ARTICLE III — WEB SITE
3.1 Citation Management Web Site: The COMPANY will provide and maintain a web
site for AGENCY review and interface 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, 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 in addition ad hoc reporting is
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available.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
3.5 Web Site Access: Individual user ID's and passwords will be assigned to the
AGENCY staff at no cost.
3.6 Web Site Features: The web site shall include but may not be limited to features
identified in Exhibit "B" attached hereto and by this reference, made a part hereof.
ARTICLE IV — ADDITIONAL SERVICES
4. 1 Other Collections: COMPANY shall charge a percent of payments, as shown in
"Schedule of Fees" attached hereto as Exhibit "A" and by this reference made a part
hereof, that are collected on delinquent citations which have been processed in
accordance with the current Agreement, and meet the following criteria:
A. Delinquent citations; those for which the 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.
4.2 Postal Rate Increase: The COMPANY will maintain auditable records to document
the COMPANY's actual postage costs associated with the mailing of delinquency
notices for unpaid citations and for other mailings related to the processing of
correspondence. If there is a postal increase, that increase will be invoiced effective on
the date that the postal rate increase goes into effect.
4.3 Customer Service Features: The COMPANY shall provide, or make available, the
features shown in Exhibit "B" attached hereto.
ARTICLE V - GENERAL
5.1 Public Inquiries: The COMPANY and /or AGENCY 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.
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
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: The COMPANY will be required to comply with Section
119.0701, Florida Statutes, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and
conditions that the City of Clearwater would provide the records and at a cost
that does not exceed the cost provided in this chapter or as otherwise provided
by law;
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to
the City of Clearwater all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the City of
Clearwater.
5.5 Ownership: All reports, information, and data, including but not limited to computer
tapes or discs, files, and tapes furnished or prepared by the COMPANY, (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.
5.6 Property of AGENCY: All documents, records, discs and tapes supplied by
AGENCY to COMPANY in performance of this contract are agreed to be and shall
remain the sole property of AGENCY. COMPANY agrees to return same promptly to
AGENCY no later than ninety (90) days following notice to the COMPANY. The
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
AGENCY shall make arrangements with COMPANY for the transmission of such data
to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such
tape from COMPANY's computer facilities to AGENCY's designated point of delivery,
plus any open invoices.
5.7 Confidentiality: Pursuant to Florida Statute section 812.081(1)(c), "trade
secret" means the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used,
in the operation of a business and which provides the business an advantage, or
an opportunity to obtain an advantage, over those who do not know or use it.
"Trade secret" includes any scientific, technical, or commercial information,
including any design, process, procedure, list of suppliers, list of customers,
business code, or improvement thereof. Irrespective of novelty, invention,
patentability, the state of the prior art, and the level of skill in the business, art, or
field to which the subject matter pertains, a trade secret is considered to be:
1. Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an
advantage, over those who do not know or use it
when the owner thereof takes measures to prevent it from becoming available to
persons other than those selected by the owner to have access thereto for
limited purposes.
In order to enable COMPANY to carry out its work hereunder, to some extent it will
have to impart to the AGENCY's employees information contained in the Materials and
Systems (collectively the "CONFIDENTIAL DATA "). The AGENCY agrees that
information that constitutes "trade secrets," as defined herein shall be marked in writing
as "CONFIDENTIAL ", so as to give notice of its confidential nature, when submitted to
the AGENCY by COMPANY shall be retained by AGENCY, as required by chapter 119,
Florida Statutes. The PUBLIC AGENCY recognizes that irreparable harm could be
occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its
business and that COMPANY may accordingly seek to protect such CONFIDENTIAL
DATA by enjoining disclosure. The parties hereto realize that pursuant to Florida
Statute Chapter 119, certain information or other written or electronic communication
with AGENCY may be subject to public disclosures unless expressly exempt.
5.8 Consent for Disclosure: AGENCY shall retain all documents as required by chapter
119, Florida Statutes. If trade secret information is provided and such documents are
marked "confidential," then the City shall exempt such documents from public access
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and make such documents confidential.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
5.9 COMPANY Files: COMPANY shall maintain master files on parking citations
referred to it for processing under the scope of services, pursuant to chapter 119,
Florida Statutes. Such files will contain records of payments, dispositions, and any
other pertinent information required to provide a reasonable audit trail.
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 daily and monthly.
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
B. Report for parking citations issued
C. A balanced summary report for issuing AGENCY providing the status of
all parking citations for a given period
D. Report for issuing AGENCY identifying registered vehicle owners with
multiple outstanding parking citations.
E. Report identifying the parking citations issued, location and violation by
officer.
6.2 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 three (3) years commencing on
October 1, 2014 (herein "Effective Date "). Unless notice of termination, is made in writing
by either party to the other no less than ninety (90) days prior to the end of the scheduled
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
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term, this Agreement shall automatically renew for two (2) additional one (1) year periods.
In conjunction with the automatic extension of the terms of this Agreement, COMPANY
may give notice of reasonable price adjustments for its processing services. The
AGENCY will have thirty (30) 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 Conversion: Following the execution hereof and prior to the Effective Date (herein,
"Conversion Period "), the COMPANY shall conduct due diligence necessary to be able to
perform its obligations under this Agreement in full capacity as of the Effective Date.
AGENCY shall provide any information, documents and data requested by COMPANY
during the Conversion Period.
7.3 Cancellation: Upon a material breach or upon ninety (90) days written notice
to the COMPANY, the AGENCY may cancel or terminate this Agreement. The
COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the
written termination notice provided by the AGENCY.
7.4 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.
7.5 Costs: Please see Fee Schedule attached hereto as Exhibit " "A" for all associated
costs.
7.6 Additional COMPANY Obligations Prior to Expiration/Termination: Prior to the
termination or expiration hereof, the COMPANY shall coordinate with AGENCY and
AGENCY's contractor(s) to assist in AGENCY's transition to use other resources for ticket
citation and collections processing whether AGENCY chooses to use internal or
contractual resources.
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) days, of said
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claim or action.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
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 or employees 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. To the extent permitted by Florida Statute 768.28, AGENCY agrees to indemnify,
defend and hold harmless the COMPANY and its officers and employees against
claims, demands, damages, costs and liabilities arising out of, or in connection
with the performance by AGENCY or COMPANY or any of their officers or
employees under this Agreement, excepting only Toss, injury or damage caused
solely by the negligent acts or omissions of COMPANY or any of its officers or
employees. Nothing herein shall be construed as a waiver of any immunity from or
limitation of liability AGENCY is entitled to under the doctrine of sovereign
immunity.
ARTICLE IX — SUBCONTRACTORS AND ASSIGNMENTS
9.1 Subcontracting: COMPANY is authorized to engage subcontractors as permitted by
law at COMPANY's own expense, subcontractors shall be deemed agents of COMPANY.
9.2 Assignments: This contract may not be assigned without the prior 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 contractor. 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 AGENCY shall not be
responsible for all reports and obligations 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
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
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COMPANY hereby expressly waives any claim it might have to such rights.
ARTICLE XI — INSURANCE
The COMPANY shall, at its own cost and expense, acquire and maintain during the
term with the AGENCY, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best
Rating of A -VII or better. In addition, the AGENCY has the right to review the
COMPANY's deductible or self- insured retention and require that it be reduced or
eliminated.
Specifically, the COMPANY must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained
on an occurrence basis, then coverage can be obtained on a claims -made basis with a
minimum three (3) year tail following the termination or expiration of this Agreement:
A. Commercial General Liability Insurance coverage in the minimum
amount of $1,000,000 per occurrence and $2,000,000 general aggregate.
B. Commercial Automobile Liability Insurance covered for any owned,
non - owned, hired or borrowed automobile is required in the minimum amount
of $1,000,000 combined single limit.
C. Unless waived by the State of Florida, statutory Workers' Compensation
Insurance coverage in accordance with the laws of the State of Florida, and
Employer's Liability Insurance in the minimum amount of $100,000 each
employee accident. $100,000 each employee by disease and $500,000
aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation and U.S.
Longshoremen's and Harbor Worker's Act coverage where applicable.
Coverage must be applicable to employees, contractors, and subcontractors,
if any.
D. In lieu of Cyber Liability insurance coverage, the Company agrees to be
financially responsible in full to meet or exceed the notification and monitoring
requirements under Florida Statute 817.5681, including any fines, penalties,
additional labor cost, third -party reporting notification services and /or
monitoring services, or other obligations as per the Statute.
E. Professional Liability /Malpractice /Errors or Omissions Insurance
coverage appropriate for the type of business engaged in by the COMPANY
with minimum limits of $1,000,000 per occurrence. If a claims made form of
coverage is provided, the retroactive date of coverage shall be no later than
the inception date of claims made coverage, unless prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
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year either by a supplemental extended reporting period (ERP) of as great a
duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date
no later than the inception date of claims made coverage.
F. If the COMPANY is using its own property or the property of AGENCY in
connection with the performance of its obligations under this Agreement, then
Property Insurance on an "All Risks" basis with replacement cost coverage
for property and equipment in the care, custody and control of others is
required.
The above insurance limits may be achieved by a combination of primary and
umbrella /excess liability policies.
Other Insurance Provisions:
A. The AGENCY is to be specifically included as an "Additional Insured" on
the Commercial Liability Insurance and Commercial Auto Liability, and named
as a "Loss Payee" on COMPANY's Property Insurance policy.
B. Prior to the execution of this Agreement, and then annually upon the
anniversary date(s) of the insurance policy's renewal date(s), the COMPANY
will furnish the AGENCY with a Certificate of Insurance evidencing the
coverage set forth above and naming the AGENCY as an "Additional
Insured ". In addition when requested in writing from the AGENCY,
COMPANY will provide the AGENCY with certified copies of all applicable
policies. The address where such certificates and certified policies shall be
sent or delivered is as follows:
City of Clearwater
Parking Manager
P.O. Box 4748
Clearwater, FL 33758 -4748
C. COMPANY shall provide thirty (30) days written notice of any cancellation,
non - renewal, termination, material change or reduction in coverage.
D. COMPANY's insurance as outlined above shall be primary and non-
contributory coverage for COMPANY's negligence.
E. COMPANY shall defend, indemnify, save and hold the AGENCY harmless
from any and all claims, suites, judgments and liability for death, personal
injury, bodily injury, or property damage arising directly or indirectly including
legal fees, court costs, or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the AGENCY, and failure to request evidence of this insurance shall
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4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
not be construed as a waiver of COMPANY's obligation to provide the insurance
coverage as specified.
ARTICLE XII — ENTIRE AGREEMENT
12.1 Integrated Agreement: This contract is intended by the parties as a final expression
of their Agreement and also as a complete and exclusive statement of the terms thereof,
any prior oral or written Agreement regarding the same subject matter notwithstanding.
This Agreement may not be modified or terminated orally and no modification or any claim
or waiver of any of the provisions shall be effective unless in writing and signed by both
parties.
12.2 Law Applicable and Venue: This Agreement shall be construed in accordance with
the Laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall
lie exclusively in Pinellas County, Florida, and if venue is impractical due to lack of court of
competent jurisdiction, then a court in Hillsborough County, Florida shall have jurisdiction.
12.3 Notice to Parties: Any notice required under this Agreement to be given to either
party may be given by depositing in the United States mail, postage prepaid, first - class,
addressed to the following:
AS TO THE AGENCY:
PARKING MANAGER
THE CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 33758 -4748
AS TO THE COMPANY:
DATA TICKET, INC.
A California Corporation
4600 CAMPUS DRIVE, STE 200
NEWPORT BEACH, CALIFORNIA 92660
- 14 -
DATA -
TICKET"
IN WITNESS WHEREOF, the parties
the day and year last written below.
Witness
cd- h.J2,,r 0U3 / C9-4/-)
t Witness Name
fitness
oroK C---
Print Witness Name
Countersigned:
—Ct ,UC1E n Cr¢.\tc.NS
George N. ' etekos, Mayor
Camilo A. Soto
Assistant City Attorney
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
hereto have entered into this Agreement as of
COMPANY:
DATA TICKET, INC.
AGENCY:
CITY OF CLEARWATER, FLORIDA
By: col & 14-4..2,„.4
<4
William B. Horne, II, City Manager
Attest:
Rosemarie Call
City Clerk
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DATAU
TICKET ".
EXHIBIT "A"
FEE SCHEDULE
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
Electronic Parking Citation Processing: $0.50 per citation
Services for the above - mentioned items include:
• Automated citation transmission into Data Ticket's Citation Management
Solution 24/7
• Automated confirmation email detailing successfully transmitted citations
• Automated transmission of photos attached to citations
1st Delinquent Notice: $0.70 per applicable citation
Services for the above - mentioned item include:
• Semi - custom Courtesy Notice that is printed on an 8 % x 11" piece of paper with
a perforated tear -of payment stub 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 as a result
Delinquent Collections: 23% of revenue collected
• This fee will be assessed when a citation is 31 days old OR if the City
reconfigures the notice timing. This assumes a first notice has been sent to the
registered owner and the citation is not on hold for any reason
• 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 1/2 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 and all customer service and payment entry
- 1 -
DATA •
TICKET ",
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
Credit Reporting Collections 23% of revenue collected
Legal Action Not Required (OPTIONAL)
• This fee is charged if a citation is paid at Advanced Credit Reporting Collections
• This charge is not combined with any other charge; for example if a citation is
rolled to delinquent status and paid at Credit Reporting Collections, only the 23%
of revenue collected will be charged
Electronic Citation Issuance:
Data Ticket has recommended the City utilize the online citation issuance
solution via the computers currently in the patrol vehicles. There is no cost for
this solution. Should the City prefer to utilize handheld ticket writers, we would be
happy to provide a quote.
Ticket Stock:
Data Ticket has recommended the City utilize the online citation issuance
solution and assumes the City will pay for the ticket stock and envelopes
associated with the issuance of parking citations. Should the City prefer for Data
Ticket to quote these items, we would be happy to do so.
Installation and Training One -time cost of $3,000
Services for the above - mentioned item include:
• Data Ticket, Inc. will send an IT staff member to Clearwater to install and train
City staff on handheld ticket writers and web training. The Data Ticket IT staff
member will be available for system training /questions and general help for a
period of not less than two (2) full work days.
Handheld Unit Pricing LEASE:
Casio IT9000 Handheld Unit 3 year lease $150.00 per unit per month
• Handheld Ticket writers with integrated printer
• Docking stations to transmit citations electronically
• Remote servicing; Remote software enhancements
• Full maintenance and support with 48 hours replacement
• No deductible to be assessed in the event of repair or replacement
• No limit on the number of repairs or replacements required
Handheld Unit Pricing PURCHASE:
Casio IT9000 Handheld Unit Purchase
• Handheld Ticket writers with integrated printer
• Docking stations to transmit citations electronically
• Remote servicing; Remote software enhancements
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$3,800.00 per unit
DATAS
TICKET'
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales @DataTicket.com
• No deductible to be assessed in the event of repair or replacement
Software Licensing Fees, per License: $600.00 per handheld unit for
year 1 only
$150.00 per handheld unit for
subsequent years
• Software licensing fees only apply to the handheld units Data Ticket offers.
Software Support / Maintenance Fees: $50.00 per handheld unit per
month
• This fee applies ONLY to the Purchase Price. The lease price includes software
support and maintenance
• Full maintenance and support with 48 hour replacement
• No limit on the number of repairs or replacements required
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
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.
Fees Charged to the Customer:
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 Customer 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
- 3 -
DATA •
TICKET "`
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888 - 752 -0512
Sales@DataTicket.com
Payment Plan Processing variable cost
An administrative fee will be assessed to Patrons who wish to participate in a
payment plan. There is no charge to the Agency. 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 Customer for the
processing of the chargeback
• No fee will be charged to the Agency
EXHIBIT "B"
Customer Service Features
Data Ticket, Inc. will perform, or make available, the following features:
Online Access for the Agency's Customers:
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 Appeals online 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:
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
Page 1 of 2
EXHIBIT "B"
Customer Service Features
Reporting:
• Data Ticket offers 24 reports online for our Clients to generate, print and reprint
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.
• 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:
• 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
Customer Service:
• 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, if applicable, sign -offs, Delinquent Collections,
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:
• 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 mimics that of the Agency's website, Data Ticket can and will provide
this feature to the Agency.
Page 2 of 2