2006 Revenue Experts - Data Ticket - Administrative Citation ProcessingSCOPE OF SERVICES AND AGREEMENT FOR
PROCESSING AND COLLECTING ADMINISTRATIVE AND PARKING
CITATIONS
Revenue Experts, Inc.
A California Corporation
4600 Campus Drive, Suite 203
Newport Beach, California 92660
(hereinafter sometimes referred to as "COMPANY")
and
The City of La Quinta
78-496 Calle Tampico
La Quinta, California 92345
(hereinafter sometimes referred to as "AGENCY"),
is made and entered into as of thisX dthay of r- 1 , 2006.
This Agreement between the City of La Quinta and Revenue Experts, Inc.
(collectively "Parties") is for the usage of a processing and collection system
designed to enhance the AGENCY'S ability to obtain compliance with applicable
law and collect revenue from Administrative Citations, Parking Citations, and
other debts owed the AGENCY.
1. The COMPANY is authorized to act as an agent for the AGENCY for the
sole limited purpose of collecting unpaid delinquent administrative
citations, delinquent parking citations and other items, as specified by the
AGENCY. The term of this Agreement shall be from the date of this
contract for a period of five years with automatic renewal for subsequent
one-year periods. Either party may terminate this Agreement with 60 days
written notice prior to the renewal day.
2. The AGENCY will provide a mutually suitable arrangement for the
collection of funds, and express authorization to do business on the
AGENCY'S behalf, and with the Department of Motor Vehicles.
3. The COMPANY will provide forms, notices, toll free phone lines, banking,
web site database access 7/24, and postage; maintain files on collected
information and provide this information to the AGENCY to update its
files; provide the AGENCY with comprehensive management reports; and
use its best efforts to obtain maximum results, including use of outside
collection agencies. Collection activities will be in strict compliance with
federal, state and local laws.
4. Reviews and Administrative Hearings will be held in accordance with
state law and the provisions of the La Quinta Municipal Code within ninety
(90) days of the appeal date on a site provided by the AGENCY. If a
decision resulting from a Review or Administrative Appeal is challenged in
Court, the AGENCY shall be responsible to defend itself in said Court
proceeding, including payment of the $25.00 Court filing fee if the
administrative adjudication decision is overturned by the Court.
5. The COMPANY acknowledges and understands that state law provides
strict standards with respect to the requirement that all hearing officers
are disqualified for bias, prejudice, interest, or for any other reason for
which a judge may be disqualified pursuant to Code of Civil Procedure
Section 170.1. To this end, the COMPANY agrees to take all action and
perform its due diligence to ensure that all hearing officers recuse
themselves immediately upon learning that a situation stated under Code
of Civil Procedure Section 170.1 has arisen. Furthermore, in recognition
of state law requiring neutrality, COMPANY hereby acknowledges that
AGENCY in no way has conditioned or will condition the outcome of any
hearing held by COMPANY and its independent contractors on any of the
following: (1) payment under this Agreement, (2) a renewal of this
Agreement, or (3) use of any particular hearing officer.
6. COMPANY commits to providing AGENCY a sufficient number of hearing
officers so that no one hearing officer shall preside over an administrative
appeal hearing more often than one time every eleven (11) month period.
COMPANY hereby represents to AGENCY that the hearing officers shall
be independent contractors.
7. All correspondence will be mailed first class and such cost is included in
the per citation fee.
8. There will be no fee for an unlimited number of debts placed in the
Interagency Intercept Collection Program which are attached to an
individual social security number. There will be a small fee for each
social security number acquisition. If the debts are collected through this
placement, a small percentage of the amount collected will be due the
COMPANY. The fees referenced herein shall be no more than the fees
stated on the attached Exhibits.
9. The AGENCY will be responsible for reporting all collections received
from the Interagency Intercept Collections Program to the COMPANY by
submitting copies of the Interagency Intercept Collections Program
paperwork, weekly statements, and monthly warrant file reporting such
payments.
10. The COMPANY shall not be responsible for the AGENCY'S failure to
provide correct or timely infraction information.
11. The terms of this document shall not be disclosed by the AGENCY,
except as required by law, unless written agreement is given by the
COMPANY.
12. COMPANY will collect, deposit, and reconcile all funds obtained by
COMPANY in connection with this Agreement by the COMPANY on a
daily basis. All funds collected will be transferred within seven (7)
working days by COMPANY to the AGENCY's bank account via deposit
slips provided by AGENCY to COMPANY. Management reports
supporting all monthly activity will be included as part of each monthly
statement. All funds collected by AGENCY from the Interagency Intercept
Collections Program will be deposited by AGENCY in AGENCY'S bank
account. AGENCY shall provide COMPANY an invoice or report
documenting all funds collected from the Interagency Intercept Collections
Program within a reasonable time after receiving such funds. .
13. COMPANY shall adhere to the Penalty and Administrative Fee Schedule
described in the AGENCY Municipal Code adopted by the City Council.
Notwithstanding any other provision herein, no fee shall exceed the
maximum penalty as outlined in this schedule
14. Fee Schedules are attached as Exhibit A (Administrative Citations) and
Exhibit B (Parking Citations).
15. This Agreement constitutes the entire agreement by and between the
Parties pertaining to the subject matter hereof, and supersedes all prior
agreements and understandings of the Parties with respect thereto. This
Agreement may not be modified, amended, supplemented, or otherwise
changed except by a writing executed by both Parties.
16. This Agreement shall be governed by and construed in accordance with
the internal laws of the State of California without regard to conflict of law
principles.
17. The persons executing this Agreement on behalf of their respective
principals represent that (i) they have been authorized to do so and that
they thereby bind the principals to the terms and conditions of this
Agreement, and (ii) their respective principals are properly and duly
organized and existing under the laws of, and permitted to do business in,
the State of California.
18. This Agreement, and all of the terms and conditions hereof, shall be
binding upon and inure to the benefit of the Parties.
19. The Parties acknowledge that, in entering into and performing this
Agreement, each of the Parties is acting as an independent entity and not
as an agent of the other in any respect.
20. This Agreement is made for the sole benefit of the Parties, and no other
person shall be deemed to have any privity of contract under this
Agreement nor any right to rely on this Agreement to any extent for any
purpose whatsoever, nor have any right of action of any kind on this
Agreement, nor be deemed to be a third party beneficiary under this
Agreement.
21. No official, officer, employee, agent or representative of the AGENCY,
acting in his/her official capacity, shall be personally liable to COMPANY,
or any successor or assign, for any loss, cost, damage, claim, liability, or
judgment, arising out of or connection with this Agreement, or for any act
or omission on the part of the AGENCY.
22. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought and referring expressly to this
Section. No delay or omission by either party in exercising any right or
power accruing upon non-compliance or failure to perform by the other
party under any of the provisions of this Agreement shall impair any such
right or power or be construed to be a waiver thereof, except as expressly
provided herein. No waiver by either party of any of the covenants or
conditions to be performed by the other party shall be construed or
deemed a waiver of any succeeding breach or nonperformance of the
same or other covenants and conditions hereof.
23. If any term, provision, covenant or condition of this Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and
effect, to the extent that the invalidity or unenforceability does not impair
the application of this Agreement as intended by the Parties.
4
24. For convenience, the Parties may execute and acknowledge this
Agreement in counterparts and, when the separate signature pages are
attached hereto, shall constitute one and the same complete Agreement.
25. If any action or proceeding is instituted by any person to enforce or
interpret the provisions hereof, the prevailing party in such action or
proceeding shall be entitled to recover from the other party its costs and
expenses incurred in connection therewith, including, without limitation,
reasonable attorneys' fees, expert witness fees, and the costs and
expenses of litigation or arbitration.
AS TO AGENCY
The City of La Quinta
78-495 Calle Tampico
La Quinta, California 92345
AS TO COMPANY:
Revenue Experts, Inc.
A California Corporation
4600 Campus Drive, Suite 203
Newport Beach, California 92660
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement
as of the day and year last written below:
AGENCY:
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Exhibit A
FEE PROPOSAL -ADMINISTRATIVE CITATIONS (OTHER THAN
PARKING TICKETS
THE CITY OF LA QUINTA
Description — Phase I Proposed Fee
Fee for processing and collecting each administrative citation $ 19.00/cite
Specified services and material covered by the Fee for all administrative 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 written 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.
Includes:
• Client access to entire database real-time includes up to six user passwords
• Viewing and printing citation management reports 24/7
• Citizen web site access for viewing and paying citations 24/7
CONFIDEN77AL INFORMATION
Description - Phase H
• Social Security Number Access $
• (One request for multiple citations attached to one violator)
Franchise Tax Board Interface
(Interagency Intercept Program)
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
5.00/request
15% of
collected revenue
Fee to Violator for Company Credit Card Usage $ 3.50/use
Option:
In -person Hearing and Toll -Free Hearing Appointments $ 75.00/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.
CONFIDENTIAL INFORMATION
Exhibit B
FEE PROPOSAL FOR PARKING TICKETS
THE CITY OF LA QUINTA
Description Proposed Fee
Fee for processing and collecting each parking citation: $1.25 per cite
Fee for collecting each out-of-state parking citation: 30% of collected
revenue
A monthly minimum fee of $150.00 will be assessed if the fees for each month fall
below that amount. Specified services and material covered by the fee for both in -state
and out-of-state citations include:
Data entry & updating of all handwritten citations & electronic entry & updating of all
handheld citations
Collecting, processing & applying all payments
Processing all status changes to citation database
Two user ID's & passwords for Client Access to Web Site
Viewing and printing of citation management reports and citations at the City 24/7.
City will always have access to its citation database including all status updates
real-time. Additional user passwords can be issued for a small additional fee.
Company credit card payments accepted via phone or paper
Company credit card payments accepted on-line, real-time via Ticket Wizard 5000
web site
24/7 citizen access to City database to view, appeal and pay citations
On -Line connection to California DMV for daily registered owner information files
On -Line connection to California DMV for daily hold and release files
On -Line connection to Florida, Ohio, Texas, Washington, Oregon, New York
and Maryland DMV's for registered owner information
Interface with other DMV's nationwide for registered owner information via diskette,
CD & tape, etc.
Interface with third party vendor for nationwide registered owner information
All forms, postage and tracking
Correspondence tracking and response
Bi-lingual 800 line voice mail information 24 hours per day, 7 days per week
Bi-lingual 800 line customer service answered by customer service representatives
Daily bank deposits
Bank reconciliation
Complete audit trail
Comprehensive monthly management reports on citation issuance and revenue
available on-line as well as in hard copy with month -end invoice
All required insurance
California Corporate Headquarters
Confidential Information
Scheduling: Review, Hearing and Court Appearances $ 0.75 per citation
Hearings: All Hearing Appointments, two per hour
$75.00 per hour
scheduled. (Minimum four hours per visit for in -person
hearings. Visits are scheduled in accordance
with City requirements at a designated City location,
but no less than every 90 days after the City receives
an appeal, according to CA law).
Additional Correspondence
$1.50 per piece
Refunds handled by Company
$5.00 per refund
Fee for Delinquent Collection Notices — (Old Citations
32% of collected
that have gone through the normal collection cycle
revenue
including DMV hold, or are 6 months or older and
remain uncollected)
oRL SERVICES:
For each group of six additional user ID's & passwords $50.00 per group
For real-time viewing & reporting on City database
FTB Tax Lien Participation:
Matching social security number to debts $ 5.00 per SS request
Collections, file adjustment& reconciliation reports 15% of collections
City will pay all bank charges and court filing fees for citation appeals.
Convenience Fee to Violator for Company Credit Card Usage is $3.50 per use
on Web Site, phone & paper credit card payments. Fee to be paid to Company.
Postage increases to be charged as increased by the US Postal Service.
Confidential Information
ADDENDUM TO AGREEMENT DATED April 27, 2006
This addendum to the agreement between The City of La Quints and
Revenue Experts, Inc. is to provide for the addition of the name Data
Ticket, Inc., a California Corporation, to the agreement in order to
provide all parking related services including, but not limited to;
processing, adjudicating, collecting, providing customer service and
interfacing with DMV'S nationwide in order to manage the parking
citation program.
1. Data Ticket, Inc. is authorized to act as an agent for the City to obtain registered
owner information on registered license plates, for a period of three years with
automatic renewal. Either party may terminate this Agreement with 60 days written
notice.
2. The City will provide Data Ticket, Inc. express authorization to do business on its
behalf with Department of Motor Vehicles in the United States and Canada.
3. Data Ticket, Inc. will obtain, from vehicle plate information supplied by the City;
registered owner name, address and make of vehicle and provide this information to
the City. Data Ticket, Inc. will not sell, trade, or give this information to any entity other
than the City, and all such information is to be used for legitimate and lawful purposes
only.
4. The terms of this document shall not be disclosed by the City except as required by
law, unless written agreement is given by Data Ticket, Inc.
ACCEPTED:
The City of La Quints
Data
Revenue Experts, Inc.
Date