09-0105_DATA TICKET_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 5th day of
January, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Data Ticket Inc. dba Revenue Experts, Inc. (hereinafter referred to as the
Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to process administrative citations; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
AGREEMENT:
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the City shall consist of those tasks as set forth
in Exhibit "B," attached and incorporated herein by reference. To the extent that there are
any conflicts between the provisions described in Exhibit "B" and those provisions contained
within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and services
required hereunder shall continue until notified that said services are no longer required,
subject to thirty (30) days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $800 eight
hundred dollars per month as set forth in Exhibit "A," attached and incorporated herein by
reference.
3.2 Method of Payment.
Subject to Section 3. 1, Consultant shall submit monthly invoices based on total
services which have been satisfactorily completed for such monthly period. The City will pay
monthly progress payments based on approved invoices in accordance with this Section.
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3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assianment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City to enter into this Agreement. Consultant
shall not contract with any other entity to perform the services required without written
approval of the City. This Agreement may not be assigned, voluntarily or by operation of
law, without the prior written approval of the City. If Consultant is permitted to subcontract
any part of this Agreement by City, Consultant shall be responsible to City for the acts and
omissions of its subcontractor as it is for persons directly employed. Nothing contained in
this Agreement shall create any contractual relationships between any subcontractor and
City. All persons engaged in the work will be considered employees of Consultant. City will
deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is required
prior to Consultant undertaking any extra work. In the event of a change in the Scope of
Work provided for in the contract documents as requested by the City, the Parties hereto
shall execute an addendum to this Agreement setting forth with particularity all terms of the
new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work to be performed under this
Agreement. Should Consultant discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by City, it shall immediately
inform the City of this and shall not proceed with further work under this Agreement until
written instructions are received from the City.
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Section B. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of
federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Reserved.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference with
use of property, arising out of, or in any way connected with the negligence, recklessness
and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees,
subcontractors, or independent contractors hired by Consultant in the performance of the
Agreement. The only exception to Consultant's responsibility to protect, defend, and hold
harmless the City, is due to the -negligence, recklessness and/or wrongful conduct of the
City, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all
insurance policies are applicable. The policy limits do
amount of indemnification to be provided by Consultant
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liability regardless of whether any
not act as a limitation upon the
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Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of
the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to the
City. Consultant shall not allow any subcontractor to commence work on any subcontract
until all insurance required of the Consultant has also been obtained for the subcontractor.
Insurance required herein shall be provided by Admitted Insurers in good standing with the
State of California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
14.7 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied or
used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded City, its
officers, employees, agents, or volunteers.
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14.5 Reserved.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty (30)
days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing ten
10) days' notice to the other party of a.material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to the
ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, orto
such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Grant Taylor/Bret Caulder
To Consultant:
616784.1
Data Ticket Inc. dba Revenue Experts, Inc.
P.O. Box 7275
Newport Beach, CA 92658
Attn: Marjorie Fleming
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Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: Qct ---E C,
Dave Adams, City Manager
CONSULTANT
APPROVED AS TO FORM:
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Marjo)rie i+ing,
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Exhibit A
FEE PROPOSAL
THE CITY OF SAN JUAN CAPISTRANO
Description — Phase 1 Proposed Fee
Fee for processing and collecting each citation $ 19.00/cite
Specified services and material covered by the Fee for all citations shall include:
Data entry of handwritten citations and entry of electronically transferred citations
Processing and collection of all payments
Disposition and status updating
All forms and tracking
Correspondence tracking and response
Up to four Notices
800 line voice mail information 24 hours per day, 7 days per week
800 line customer service answered by customer service representative
Daily Bank Deposits
Bank reconciliation
Comprehensive monthly management reports on issuance and revenue
All required insurance
Local corporate headquarters
Minimum monthly fee $ 150.00 per month) Applies if basic charges are less than that
amount.
Customer Communication (Interactive Voice Response System/ $ 50.00/month
Call Recording) and Web Access
Includes:
Client access to entire database real-time incudes up to six user passwords
Viewing and printing citation management reports 24[7
Citizen web site access for viewing and paying citations 2417
Exh. A 7 Fee Proposal
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Description — Phase II
Social Security Number Access $ 5.00/request
One request for multiple citations attached to one violator)
Franchise Tax Board Interface 15% of
Interagency Intercept Program) collected revenue
Includes:
Database transfers
Multiple debts consolidated to one record with total due
Files sent to IIP
Noticing
Daily deposits
Payment reconciliation
Deposit reconciliation
Toll-free customer service inquiry lines
Web site inquiry and payment access 24/7
Overpayment verification and refund service
Customer correspondence as required
Forms
Paperwork back-up
Database updating
IIP updating
Monthly management reports
Fee to Violator for Company Credit Card Usage $ 3.50/use
Option:
In-person Hearing and Toll -Free Hearing Appointments $ 85.00/hr
four-hour minimum every 60 to 90 days,
two hearings per hour)
All correspondence and taped hearings included; interface
with court and client, if hearing goes to court.
Cost to Purchase Hand Held Ticket Writers:
Please see Cost Sheets for Ticket Writers, upon selection of preferred unit, a total cost
proposal will be generated for Agency including exact costs for all hardware, software, ticket
stock, envelopes and additional items.
Exh. A 8 Fee Proposal
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Exhibit B
ADMINISTRATIVE CITATION PROCESSING AND COLLECTIONS
Services required for the processing, collection and appeal of Administrative Citations for
you and your affiliated departments are described below. The benefits of using the
administrative citation management system are:
Toll free phone inquiries provided for citizens
Web Site access for citation look -up provided for both citizen and Agency
Credit cards payments accepted on-line
System marked real-time
Payment accepted by check, money order, or credit card
Data entry and citation tracking is handled
Reports are available 24/7 on the Web Site for the Agency
Handheld ticket writers are available
Multiple notices sent
Delinquent fees collected
Monthly reports provide payment reconciliation
Monthly reports on citation status
Appeals handled professionally and impartially
Trained and certified hearing officers provided
Documentation is prepared and stored in case of court appeals
Social Security numbers are accessed for Interagency Intercept Program participation
Interagency Intercept Program collections are offered
System marked and documented as payments collected through FTB
The process is as follows:
The Agency provides warning(s) to citizen regarding violation(s) and a time frame
established for compliance.
The Agency revisits site for compliance, if no compliance the citation is written.
The citation specifies the violation(s) and informs the violator of the time frame from
the date of the citation to pay the violation(s) and/or correct it/them.
A copy of the citation is sent to The Company for collection on a daily/weekly basis
within 7 days of issuance.
Exh. B 9 Scope of Services
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Citations received from the Agency are keyed or entered electronically into The
Company citation management database.
The Violator has (per agency) days to pay or contest (appeal) the citation from the
date of issue.
If paid, payment will be entered on the Company system and deposited in
Agency's bank account.
Upon receipt of the citation for process, if no payment is made within the specified
time (by Agency), the Company will mail a first notice of delinquency for payment.
After (per Agency) days from the date of the first notice, if the citation remains
unpaid, the Company will mail a second notice of delinquency for the total amount
due (including any added penalties).
After (per Agency) days from the date of the second notice, if the citation is
unpaid, the Company will mail a final notice demanding payment. This notice will
indicate the future actions that will be taken to collect the fine including submitting
the violator's name to the Franchise Tax Board for collection through the
Interagency Intercept Program, and that additional processing costs may be
added to the fine.
After 30 calendar days from the date of the final notice, if the fine is still unpaid,
the Company will place the citation on the Interagency Intercept Program list for
submission at the appropriate time.
The Company will then access social security numbers to attach to citations that
are eligible for the program.
All citations attached to the same social security number will be grouped together
for submission, with a total amount due showing.
Citations will be placed in the Program during the Company's normal file transfer
to the Franchise Tax Board.
When the Company places a citation with the Interagency Intercept Program the
amount of the fines plus any additional charges will be included on the total
amount due by the violator and may be paid in full or in part depending on the
amounts available for dispersal.
Exh. B 10 Scope of Services
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Hearing Requests
If violator wishes to contest the administrative citation, a toll free number will have
been provided on the citation and upon calling the number the violator will be
instructed to put their appeal in writing on a form supplied by The Company (or
Agency) and post the entire amount of the bail.
If an appeal is not directed to the Company but received by the Agency, the
Agency will forward the appeal to the Company. A review will be scheduled and
conducted and the decision will be sent to the citizen.
When the appeal and bail are received within the time frame allowed, the violator will
be scheduled for a hearing. This information will be transmitted to the Agency via fax
and email. The violator will be notified that the appeal has been approved to go
forward and will be notified of the time, date and place of the hearing.
If the appeal is not received within the allowable time frame allowed and/or if the
entire bail is not posted both the Agency and the violator will be notified that the
appeal request has been denied.
All supporting documentation will be requested by The Company from the Agency
including officer's notes and pictures) for the actual hearing.
Following the hearing, the citizen will receive written confirmation of the decision of
the Hearing Officer sent by certified mail with 10 days of the conclusion of the
hearing. The Agency will be notified of the same via fax.
If the citation is upheld, the information will include further instructions to the violator,
including the time frame for a court appeal if the violator desires to continue to
contest.
If the citation is dismissed, the Agency and the violator will be notified and a refund
will be generated for the posted bail.
If there is no further appeal within the time frame allowed, the Agency will be
notified of the outcome and the case closed.
If the violator appeals to the court he is subject to pay the $25.00 court -filing fee.
The Company will notify the Agency and all supporting information for the case will be
forwarded to the Agency for the court appearance.
The court decision will be copied to The Company and any refund or correspondence
required will be handled. If the court dismisses the citation, the Agency will be
responsible for refunding the $25.00 court -filing fee.
Exh. B 11 Scope of Services
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The system will be updated with the appropriate information and the case
closed.
If there is no response to the notice of delinquency from the violator, the Agency will
be notified for a decision on further action. Options include closing the citation
unpaid, the Agency filing in small claims court against tho violator or notification of the
Interagency Intercept Program to attach any state tax returns or lottery winnings that
would be paid to the citizen during the year.
The Hearing Officer will be an impartial official with previous experience in holding hearings
and training on Municipal Code Enforcement and who has been trained according the
requirements for administrative hearings as mandated by the California legislature and has
additional training from the adjudication manual. The Hearing Officer will not be
compensated on a commission basis and there will be no connection between decisions and
compensation for the job. Hearing Officers will be subject to review by the Agency at the
Agency's expense.
The only responsibilities to be borne by the Agency are the provision of space for the in-
person hearings to be held on a bi-monthly basis, the referral of the original citations and
any requested supporting documentation for hearings, and the occasional appearance at a
court hearing. The Company will provide forms, notices, correspondence, scheduling,
documentation, database updates, tracking, reporting, banking, a toll-free number for
violator questions, web site access, the Hearing Officer and all software and hardware
required to handle the job efficiently and effectively. We are confident that the Agency will
enjoy the benefits of this unique service.
Exh. B 12 Scope of Services
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
949) 493-1171
949) 493.1053 FAX
www. sanj uancaplstrano. org
TRANSMITTAL
TO:
Marjorie A. Fleming
Data Ticket Inc. dba Revenue Experts, Inc.
P.O. Box 7275
Newport Beach, CA 92658
DATE: January 15, 2009
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Process Administrative Citations
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please contact me at
949)443-6309.
If you have questions concerning the agreement, please contact Bret Caulder, Building & Code
Enforcement Manager (949) 234-4568.
An original agreement is enclosed for your records.
Cc: Bret Caulder, Building & Code Enforcement Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
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