16-1110_DATA TICKET_Personal Services Agreement First AmdAMENDMENT NO. 1
TO THE ADMINISTRATIVE CITATION PROCESSING SERVICE AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
DATA TICKET, INC.
1. Parties and Date.
This Am endm ent No. 1 to tl \e Adminis b·ati .ve Citation Processing Se rvic e Agre m ent is
made and entered into as of this \Q+h day of N ove mber , 2016, by and betw een the Ci ty of San
Juan Capistrano, a municipal organization organized under the laws of the State of California with
its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675
("City") and Data Ticket, Inc. a California corporation, with its principal place of business at 4600
Campus Drive, Suite 200, Newport Beach, CA 92660 (Consultant). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Co n s ul tant. The City and Consultant have entered into an agreement entitled
"Administrative Citation Processing Service Agreement" dated January 5, 2009 ("Agreement"), for
the purpose of retaining Consultant to provide administrative citation processing and collections
services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the Scope of Services.
2.3 Amendm e nt Auth ority. This Amendment No. 1 is authorized pursuant to Section 6 of
the Agreement.
3. Scope of Work and Compensation Amount
3.1 Amendment. Section 1, (Scope ofWork), ofthe Agreement is hereby amended in its
entirety to read as follows:
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "B" and Exhibit "C". To the extent that there are any conflicts between the
provisions described in Exhibit "B" and Exhibit "C" and those provisions contained within this
Agreement, the provisions in this Agreement shall control.
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3.2 Amendment. Exhibit "C," attached hereto and incorporated herein by this reference,
is hereby added to the Agreement.
3.3 Amendment. Section 3.1, (Compensation Amount), of the Agreement is hereby
amended in its entirety to read as follows:
Total compensation for the services hereunder shall not exceed eight hundred dollars
($800) per month at the rates set forth in Exhibit "A" and Exhibit "C."
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.6 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO.1 TO THE ADMINISTRATIVE CITATION
PROCESSING SERVICE AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND DATA TICKET, INC.
CITY OF SAN JUAN APISTRANO
Approved By:
Approved As To Form:
~~
Data Ticket, Inc ••
"SifnatUre
Bmllc..-· u~~,,-z -?
Name
(Jut./ t~;e,·c~d,/'r &jt;?'+=
Title"
Date
P118e 3 of3
EXHIBIT "C"
SCOPE OF WORK & RATE SCHEDULE
WATER CONSERVATION
EXCESS WATER USE ADMINISTRATIVE CITATION HEARING SCHEDULING AND PROCESSING SERVICES
Consultant currently provides administrative citation services to the City. These services shall be
extended to provide hearing scheduling and administrative citation processing on an "as-needed" basis
to the Water Conservation Division. Services pertain to penalties issued for violation of the City's Water
Shortage Contingency Measures established pursuant to Title 6, Chapter 12 of the City of San Juan
Capistrano Municipal Code. Consultant will provide a hearing officer to conduct hearings at a City
designated location, who will be responsible for preparing a hearing disposition letter.
Administrative hearings will be held within 45 business days of the City's receipt of the customer's
request for an administrative hearing. Consultant shall coordinate scheduling of the hearing with the
City's representative and provide notification to the customer of the date, time, and location of the
hearing.
Consultant shall not be required to collect penalties or fees from customers. Excess water use civil
administrative penalties will be applied to the customer's water bill. Payment to the City for the entire
amount of the fine is required prior to an administrative hearing request.
• Electronic Administrative Citation Processing: $17.00 per application
Services 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
• Certified Mail Fee: $5.00
• Certified mailing of all Hearing Schedule Letters for Drought Water Penalty Hearings
• Duplicate Standard USPS mailing
• Hearing Officer for a minimum of 2 hearings per hour: $85.00 per hour