2023-24 Data Ticket Amendment 1 - Administrative Citation ProcessingMEMORANDUM ta atra
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CaLIFOR'.vI.4
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DATE: June 28, 2023 ------------------------ -
TO: Jon McMillen, City Manager
FROM: Martha Mendez, Public Safety Manager
RE: DataTicket - Amendment 1 to extend short -form services agreement to
process the City's administrative citations through June 30, 2024.
Please list the Contracting Party/ Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
_x_ City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
Bid RFP RFQ 3 written informal bids
_x_ Sole Source Select Source Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
X Agreement payment will be charged to Account No.: 101-6004-60111
_x_ Agreement term: Start Date Amend - July 1, 2023 End Date June 30, 2024
_x_ Amount of Agreement, Amendment, Change Order, etc.: $25,000
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
_X_ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Registered myCOl (LM) Date: 06/28/2023
Bonds (originalsi as required by the Agreement (Performance, Payment, etc.)
n/a Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
X Business License No. LIC 768918 Expires: 04/30/2023
X Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AMENDMENT NO. 1 TO SHORT -FORM SERVICES AGREEMENT
WITH DATA TICKET
This Amendment No. 1 ("Amendment No. 1") to Short -Form Services Agreement
("Agreement") is made and entered into as of the 1st day of July, 2023 ("Effective Date")
by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and
Data Ticket, a California Limited Liability Corporation ("Vendor").
RECITALS
WHEREAS, on or about July 1, 2022 the City and Vendor entered into an
Agreement to provide parking and administrative citation processing, and collection
services ("Services") for the City. The term of the Agreement expires on June 30, 2023;
and
WHEREAS, the City and Vendor mutually agree to extend the term of the
Agreement for one (1) additional year from July 1, 2023 to June 30, 2024 pursuant to
Section 4 — Term of the Agreement; and
WHEREAS, Section 5 Compensation of the Agreement is being amended to
include additional compensation through June 30, 2024 for services in the amount of
$7,000.00, for a total not to exceed amount of $25,000.00; and
WHEREAS, Exhibit "C" shall be amended to reflect the additional $7,000 in
additional services, for a total not to exceed amount of $25,000.00.
NOW THEREFORE, in consideration of the mutual covenant herein contained, the
parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1. Section 4 — Term is amended to read as follows:
The term of this Agreement shall be from July 1, 2022 to June 30, 2023 ("Initial Term"),
unless earlier terminated as set forth in the attached Terms and Conditions. This
Agreement is being extended for one (1) additional year from July 1, 2023 to June 30,
2024 ("Extended Term").
2. Section 5. — Compensation is amended to read as follows:
Vendor shall receive compensation for services rendered under this Agreement at the
rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's
compensation exceed Twenty -Five Thousand Dollars ($25,000.00) without written
agreement.
3. Exhibit "C"— Compensation for Services is amended to read as follows:
The maximum total compensation to be paid to Vendor under this Agreement is not to
exceed Twenty -Five Thousand Dollars ($25,000.00) (Contract Sum) The Contract Sum
shall be paid to Vendor in installment payments made monthly based on feed identified
under the Fee Proposal Amendment, Option 1, attached hereto as Attachment 1.
In all other respects, the original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Vendor have executed this Amendment
No. 1 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA
a California municipal corporation,
and Charter City
JON M ,City Manager
1
ty of La Quinta, California
Data Ticket INC,
A California Corporation
BROOK WESTCOTT
Chief Financial Officer
ATTEST:
MON IKA RADE A, Ci Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IH KE, City Attorney
City of La Quinta, California
EXHIBIT "C"
COMPENSATION FOR SERVICES
The maximum total compensation to be paid to Vendor under this Agreement is not to
exceed Twenty -Five Thousand Dollars ($25,000.00) (Contract Sum). The Contract Sum
shall be paid to Vendor in installment payments made on a monthly basis and in an
amount identified in Vendor's Fee Proposal Amendment, Option 1 attached hereto as
Attachment 1.
ATTACHMENT
Data Ticket, Inc. City of La Quinta
Newport Beach, CA Administrative Citation Processing
O: 949 752-6937; F: 949 752-6033 Fee Proposal Amendment
On the following pages, we have provided the City of La Quinta 2 fee proposals to
process the City's Administrative Citations.
Option 1 provides the City with a single flat fee for all Administrative Citation Processing
up to Franchise Tax Board processing.
Option 2 provides the City with a less expensive upfront cost and individual costs for
each subsequent transaction.
In addition, we have provided Optional Services the City may wish to utilize.
Fee Description
Administrative Citation
Processing Fee
Option 1
Administrative Citation
Processing Fee
Option 2 - New
Citation Processing and Collections
Manual Citation
Processing
$16.00 from $19.00
$7.00
Electronic Citation
Processing
$13.00 from $15.00
$5.00
1st Notice Sent
No charge
$0.80
Delinquent Collections
No charge
26%* of paid amount
Franchise Tax Board
Processin - SSN Look -up
$2.50 per unique SSN —from
5.00
$2.50 per unique SSN —
from $5.00
FTB Collections
15% of paid amount
15% of paid amount
Advanced Collections
Legal Action Not Required
30% of paid amount
30% of paid amount
Adjudication Services
Adjudication Hold &
Scanning of
Documentation
No charge
$0.50
Disposition Entry
No charge
$1.00
Disposition Letters
No charge
$1.25
Hearing Schedule Letters
No charge
$1.25
Certified Letter Fee
(Optional)
$5.00 Per Letter
$5.00 Per Letter
Hearing Performance
$85.00 / hr. — from $75.00 per
hr.
$85.00 / hr. — from $75.00
per hr.
*Assessed at Citation Date + 60 Days
A minimum fee of $200.00 will be charged on a monthly basis if services do not
reach this level
Confidential and Proprietary to Data Ticket, Inc. 1 1 P a g e
11/21/2019
Data Ticket, Inc. City of La Quinta
Newport Beach, CA Administrative Citation Processing
O: 949 752-6937; F: 949 752-6033 Fee Proposal Amendment
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
1st Notice Cost:
Services for the above-mentioned item include:
• Semi -custom Notice that is printed on an 8'/z 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 15f Class Mail
• All notices include a return envelope in which the responsible party may submit
payment
• This charge is incurred if the citation is not paid prior to a first notice being sent and
would be sent the day after the cite is due (typically between 21-30 days)
Delinquent Collections:
• This fee will be assessed when a citation is sixty (60) days past the citation issue
date, assuming a first notice has been sent to the registered owner and the citation
is not on hold for any reason
• Three Delinquent Notices will be sent to the registered owner at no cost to the City
• All notices are sent via First Class mail and all notices are printed on an 8'/i 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 1s' Class Mail, and Data Ticket will be responsible for the
cost incurred and all customer service and payment entry
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
Confidential and Proprietary to Data Ticket, Inc. 2 1 P a g e
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Data Ticket, Inc.
Newport Beach, CA
0: 949 752-6937; F: 949 752-6033
FTB Collections
City of La Quinta
Administrative Citation Processing
Fee Proposal Amendment
• 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 1s' Class Mail at no additional cost to
the City
• 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
This charge is not combined with any other charge; for example, if a citation is
rolled to delinquent status and paid at Advanced Collections, only the 26% of
revenue collected will be charged
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
2n' Level Hearing Schedule & Disposition Letters
• Data Ticket will send a custom disposition letter to the Appellant via 15t 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
Confidential and Proprietary to Data Ticket, Inc. 3 1 P a g e
11/21/2019
Data Ticket, Inc. City of La Quinta
Newport Beach, CA Administrative Citation Processing
O: 949 752-6937; F: 949 752-6033 Fee Proposal Amendment
• 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
an Agency location or the Agency may elect to have citations heard at a centralized
location within the County
Joint / Escrow Banking Services (Optional) $100.00 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:
Confidential and Proprietary to Data Ticket, Inc. 4 1 P a g e
11/21/2019
Data Ticket, Inc. City of La Quinta
Newport Beach, CA Administrative Citation Processing
O: 949 752-6937; F: 949 752-6033 Fee Proposal Amendment
• 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 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 parry 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 City 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
Confidential and Proprietary to Data Ticket, Inc. 5 1 P a g e
11/21/2019
Data Ticket, Inc. City of La Quinta
Newport Beach, CA Administrative Citation Processing
O: 949 752-6937; F: 949 752-6033 Fee Proposal Amendment
• 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
• Data Ticket will process refunds whe
• In the event the Agency utilizes Joint
send each refund due
• Refunds will be issued weekly
• Refunds will be sent via 1s' Class Mai
Customer Service:
Included
n notified of each by the Agency
Banking, Data Ticket will verify, generate and
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.
Confidential and Proprietary to Data Ticket, Inc. 61
11/21/2019
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
WHEREAS, Data Ticket, Inc. desires to grant signing and authority to certain person(s)
described hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to grant
sole signing and authority to conduct business to any one of the following person(s):
The foregoing signing, and authority granted shall include, but shall not be limited to,
the execution of Deeds, powers of attorney, transfers, assignments, contracts,
obligations, certificates, and other instruments of whatever nature entered into by this
Corporation.
The undersigned hereby certifies that he is the duly elected and qualified Secretary and
the custodian of the books and records and seal of Data Ticket, Inc., a corporation duly
formed pursuant to the laws of the state of California and that the foregoing is a true
record of a resolution duly adopted at a meeting of the Board of Directors and that said
meeting was held in accordance with state law and the Bylaws of the above-named
Corporation November 13, 2006,and that said resolution is now in full force and effect
without modification or rescission.
IN WITNESS WHEREOF, I have executed my name as Secretary of the above-named
Corporation this November 13th of 2006.
A. William Fleming
Secretary
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
Brook Westcott, Chief Operating Officer and Chief Financial Officer is hereby granted
sole signing authority to conduct business on behalf of Data Ticket, Inc, including but
not limited to the execution of Deeds, powers of attorney, transfers, assignments,
contracts, obligations, certificates, and other instruments of whatever nature entered
into by Data Ticket, Inc,