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HomeMy WebLinkAboutDATA TICKET INC. (2)INSURANCE NOT ON FILE WORK MAY NOT PROCEED A-202 2 -02 2 CLERK OF COUNCIL nATEMAR 10 2022 AGREEMENT WITH DATA TICKET, INC. TO PROVIDE O• poi C . �,,.) I(,\,AUTOMATED PARKING CITATION PROCESSING THIS AGREEMENT is made and entered into on this 15" day of February, 2022 by and between Data Ticket, Inc., a California corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City"). RECITALS A. On November 3, 2021, the City issued a Request for Proposal No. 21-128 ("UP"), seeking proposals from qualified firms and organizations to provide the Santa Ana Police Department with automated parking citation and processing services. B. On November 30, 2021, Contractor submitted a timely proposal that was selected by the City. Contractor represents that it is able and willing to provide the services as outlined in its proposal to the RFP, incorporated by reference as though attached hereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional automated parking citation and processing service firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform automated parking citation processing services as set forth in the Scope of Services provided in the City's RFP, attached hereto as Exhibit A and incorporated by reference to this Agreement, and as provided in Citation and Processing System and Contractor's Proposal dated November 30, 2021. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,269,648.31. This amount includes a 5% contingency to compensate the Contractor for services as directed by the City. b. City agrees to compensate Contractor for services provided from February 6, 2022 through the effective date of the Agreement, as detailed below. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment Page 1 of 10 need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence the date first written above and continue for a three (3) year term with the option for the City to grant up to a two (2) additional one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an `occurrence" basis, including products and completed Page 2 of 10 operations,property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate'limit applies, either the generataggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Servicgs Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if vendor does not require an automobile to provide services) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. Technology Professional Liability Errors & Omissions Appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Vendor. If not coveredunder the Vendor's liability policy, such "property" coverage of the Agency may be endorsed onto the Vendor's Cyber Liability Policy as covered property as follows: Page 3 of 10 If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limitsmaintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additionalinsu reds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Please note, if there is an insured vs. insured exclusion on the vendor's policy, carefully reviewwith the vendor and their insurance carrier on whether being added as an additional insured onto the vendor's policy removes your organization's ability to file suit against the vendor anddraw upon the policy should final adjudication in a lawsuit state that the vendor shall pay damages to your organization. Primary Coverage For any claims related to this contract, the Vendor's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respectsthe City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of theVendor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, exceptwith notice to the City. Waiver of Subrogation Vendor hereby grants to City a waiver of any right to subrogation which any insurer of saidVendor may acquire against the City by virtue of the payment of any loss tinder such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self --insured retentions must be declared to and approved by the City. The City may require the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by Page 4 of 10 either the namedinsured or City. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A-: VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or thebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided.for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Vendor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide thetas. The City reserves the right to require complete, certified copiesof all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and Page 5 of 10 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just corrtpensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which clue to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such. information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor Page 6 of 10 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance, of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of Page 7 of 10 termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 8 of 10 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California 92702 Fax:714-245-8007 To Contractor: Data Ticket, Inc. 2603 Main Street Suite 300 Irvine, CA 92614 Fax:949-281-3195 ClientServices@DataTicket.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. a The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: —________— Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: avid V 'n Chie of Police CITY OF SANTA ANA Mi Ridge City Manager DATA TICKET, INC. Brook Westcott Chief Operating Officer Paae 10 of 10 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES XVII. SCOPE OF SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) for Automated Parking Citation and Processing Services. The City desires an integrated software and hardware service solution to parking citation and payment processing. The preferred solution will include compatibility with our current mobile computing devices (e.g. smart phones, tablets, etc.) for ticket issuance and data download with real-time, online access for public safety officers, the City's Parking Citation Coordinator and Finance Staff to citation information and citation status on a user-friendly reporting structure. A complete package of citation issuance, processing, collection, reporting, hardware and software maintenance is required. The program and service must also accept and support hand-written citation forms. The Vendor shall coordinate its efforts with the City of Santa Ana Police Department, City of Santa Ana Finance Department, Orange County Court System and other agencies affected by the project. The Vendor will be expected to work closely with the Police Department's Traffic Division and Finance Department to ensure compatibility and uniformity. A. SOFTWARE/USER INTERFACE SPECIFICATIONS These specifications. are not all inclusive, but are intended for the purpose of giving the Vendor a general idea of the City's system. Specific details will be provided after an agreement has been entered. Vendors must provide a software solution for electronic issuance of citations. Software must be installed on and compatible with current mobile computing devices (e.g. smart phones, tablets, etc.) and incorporate the following features: a. Citation must be capable of printing on a 2"- 4.5" thermal printer (brand name to be determined later). Vendor must recommend a printer compatible with their software product. b. The software solution must be able to take and associate multiple photos to each citation record. Records Management System Interface (RMS) a. The software solution must include an automated export interface to the City's Records Management System (RMS). The interface must be able to send data in a Comma Separated Values (CSV) format to be defined by the City. The interface shall also export any photos associated with citati®n records as separate image files following a naming convention defined by.the City to facilitate their import into the RMS. RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 16 of 31 ° CITY OF SANTA ANA 3. The user interface includes payment information as well as parking citation specific information. It will include the fields listed below, including the validations for each field. Ticket Information: • Citation number - all City tickets begin with "PC" and have a unique 6 digit identifier that follows. • Date - the date the citation was issued • Amount - the amount of the parking ticket. Vehicle: • Vehicle License number • State (state of vehicle's license plate) - in two letter format. Contact Information: • Name • Address • Phone - should include an input mask or validation that does not allow users to enter an invalid number. Payment Information: • Credit Card Type - Choices are VISA or MasterCard. • Credit Card number • Expiration Date • Name on Card 4. Be able to develop a custom interface with City payment system, iNovah, to provide for the ability of City cashiers to accept payment of parking citations, process refunds and to process NSFs. B. CITATION PROCESSING SERVICES Data Entry from Handwritten Citations. a. Receive and date stamp weekly batches of all handwritten citations sent by City; b. Enter citation information into the database; c. Batch, record, and verify receipt of all manual citations within two (2) business days; d. Edit capability to correct dates, duplicate citations, violation codes and fine amounts; e. System for filing/storing citations in easily retrievable format for a minimum of two (2) years and then dispose in accordance with City direction. 2. Automated Transfer and Upload of citations issued by the mobile computing device. a. Loading of batch files immediately upon transfer; b. Edit capability to correct dates, duplicate citations, violation codes, and fine amounts; c. System to promptly notify City regarding citations unable to be entered for any reason (no violation code, unreadable license, etc.) RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 17 of 31 r'l CITY OF SANTA ANA 3. Registered Owner Name Retrieval. a. Retrieve data online from the State of California Department of Motor Vehicles (DMV); b. Provide daily access to registered owner information; c. Validate DMV makes upon return of registered owner information from DMV to ensure proper make of vehicle issued citation; d. Review DMV "No Hit" list to ensure that license plate and state have been entered correctly; e. Daily registered owner name retrieval for all citations without a name on the system. 4. Out -of -State Registered Owner Retrieval from State DMV. a. Maintain regularly scheduled communications with DMV offices in the 50 states; b. Maintain regularly scheduled communications with the Transportation Ministries in Canada and Mexico that permit registration and name acquisition; c. Mail collection letters; d. Communicate with individuals outside of the United States who were issued a parking citation by the City. DMV Registration Holds/Releases. a. Process DMV holds or releases daily; b. Access DMV records online; c. Capability to release registration holds upon City's request; d. Report monthly holds and payments made at DMV; e. Immediate update of database with monthly payment information from DMV. Automated processing of Administrative Review Requests. a. Vendor shall provide tracking and correspondence for all administrative review; b. Vendor shall enter and maintain database of all administrative review, showing current status of each request. System must be integrated with parking citation issuance and processing system. Ensure a result is received for each correspondence; c. Administrative review requests must be entered into the system within two (2) business days from date of receipt; d. Provide inquiry capabilities for citations in the administrative review process; e. Print and mail (by first class mail) all administrative review result letters; f. Notify the City of citations that have been successfully dismissed through the review process and have had payments processed, (or are cancelled) so the City can issue a refund; g. File and store all source documents for ease of retrieval; h. Provide staff to respond to telephone inquiries regarding how to contest a violation, determine outstanding penalty amounts or delinquent fees, identify time frames, and any other pertinent information in order to contest a citation by mail or4n-person; i. Link the hearing tracking system to the citation database in real time to obtain citation information such as citation issue date, delinquent date, amount owed, and other citations open with the same license plate numbers; j. Ensure that the computer system is capable of recording data and comments for historical background, suspending action while appeals are under investigation, sort citations by type of violation and/or defense, record case decisions, generate letters and use customized liability reason codes; k. Provide monthly report of review results by citation number. RFP No, 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 18 of 31 (9) CITY OF SANTA ANA Administrative Hearings a. Provide tracking and correspondence for all administrative hearing requests; b. Vendor shall enter and maintain a database of all administrative hearing requests, showing current status of each request. System must be integrated with parking citation issuance and processing system. Ensure a result is received for each correspondence; c. Schedule Administrative hearings and forward schedule to the City; d. Print and mail (by first class mail) customized hearing notification letters for the City; e. Respond to inquiries for the City and the public regarding date of hearing, mailing date, location of hearing and directions to hearing location; f. Re -send letters should room or date changes be necessary; g. The Hearing Officer will forward results of Administrative Hearing to the City and to the Vendor; h. Letters regarding the results of Administrative Hearings will be mailed by the Vendor; i. When a refund is appropriate, the Vendor shall provide information to the City. The City will issue the refund; j. Provide monthly report of review results by citation number. 8. Payment Plan Administration a. Provide and manage a payment plan to comply in accordance with Assembly Bill No. 503 and business rules as defined by the City of Santa Ana i. Review each request for an Indigent Payment Plan ii. Approve or deny each request for an IPP based on the City's business rules 9. Payment Processing a. Provide a separate Post Office Box for the City where payments, administrative review correspondence, and other documents are to be mailed; b. Provide mail pick-up from post office at least once per day; c. Sort and batch all incoming mail by postmark date for payment posting; d. Enter and process payments received within one (1) business day, including opening all mail received, verifying payment amounts, updating computer system, and making daily bank deposits in the City's designated bank account; e. Conduct daily reconciliation of all payments entered with bank deposits; f. Provide daily reporting of bank deposits made for the City; g. File and store all source documents in an easily retrievable system; h. Track rebilling on partial payments, checks returned for insufficient funds upon notification from City, vehicle change of ownership, and leased vehicle information; i. Provide for payment by credit card (Visa and MasterCard) and be capable of securing authorization from the banking institution. Payments made by credit card are to be immediately updated in the database in real time. Payments will be made by automated telephone system; j. The Vendor will have the ability to accept payments via the Internet. . 10. City's Online Payments. a. The vendor must also accept data from the City's cashiering system. Data would be provided electronically on a daily basis. RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 19 of 31 0 CITY OF SANTA ANA C. CORRESPONDENCE PROCESSING 1. All correspondence shall be processed within two (2) business days from date of receipt; 2. Obtain approval from the City on all standard forms, notices of delinquent violation, and correspondence. The Vendor must ensure that all forms conform to applicable State and Federal laws. 3. Submit copies of standard forms, notices of delinquent violation, and other types of standard correspondence with bid proposal. D. REPORTING 1. The Vendor shall be responsible for providing regular daily, weekly and monthly reports on demand to the issuing agency within three working days of the report being req nested. 2. Although other reports may be required, the vendor shall be capable, at a minimum, of producing reports relating to scofflaws, open citations, bank deposits and citation dispositions. The vendor must be capable of delivering these reports to the Police Department on an agreed schedule. 3. The Vendor shall provide duplicate or replacement reports at no additional cost to the city. 4. Copies of citation abstracts shall be provided to violators at no cost upon request. 5. The following Vendor reports are required monthly; Repeat offender list (5 or more), citation analysis by officer, citation analysis by violation, citation status report, out of state status, out of state revenue, hot sheet, distribution revenue summary, violation statistics, violation analysis by officer, detail citation report by officer, monthly citation statistics, yearly statistics of issuance, citation summary report, bail payment summary report, DMV citation cleared with bail (collected), DMV citations cleared without bail (not collected), DMV registration hold listing, Refunds report. Provide an online report generation capability; 6. Provide weekly license plate number to citation number cross reference reports sorted by license and citation. Provide additional reports monthly as may be needed by management or auditors; 7. Submit a sample of the standard reports used with bid proposal. 8. Able to work with the Agency to design reports upon need and provide it to the Agency at no cost. E. TOLL -FREE TELEPHONE SERVICE 1. Provide a toll -free telephone number for inquiries and credit card payments; 2. Operate the toll -free telephone service 24 hours a day, seven days a week, 365 days per year, for the 50-states, Canada, and Mexico; 3. Ensure that customer service representatives are available to provide instructions and information on general parking policies, procedures and administrative adjudication procedures for the City. At least one customer service representative shall be available for Spanish translation during regular business hours Monday through Friday. RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 20 of 31 6 E CITY OF SANTA ANA F. AUTOMATED VOICE RESPONSE SYSTEM Provide a customized recorded voice response system in English and Spanish to convey information on: a. How to pay and contest violations; b. Registration violation information; c. Mail address information; d. Ensure that thg automated telephone system is capable of receiving a minimum of 500 incoming calls per month. Planned downtime must be between midnight and 4 a.m.; G. CUSTOM NOTICES AND LETTERS 1. The Vendor shall provide at no extra cost: The necessary postage, correspondence and stock forms to meet all applicable State and local laws and regulations for citation processing and adjudication. 2. Vendor will provide samples of mailing and return envelopes with proposal; 3. Ensure that Delinquent Notices are generated at least one business day prior to becoming delinquent. Delinquent Notices generated will be mailed at least once a week by first class mail to registered owners; 4. Ensure that returned check notices are mailed by first class mail to individuals immediately upon notification from the City that a check has been returned for non- payment. The notices will state the amount of original penalty, delinquent amount, and the appropriate returned check fee; 5. Ensure that Drive Away Notices (fled letters) are mailed by first class mail to registered owners of vehicles that drive away from the officer at citation issuance time as required by the California Vehicle Code. Notices must be mailed no later than 15 days from the date of the original citation to the registered owner; 6. Ensure that partial Payment Notices are sent by first class mail to those who do not pay the full penalty amount. The notice should indicate the amount that was paid and the balance that is due; 7. Communicate with violators in a timely manner by mail in response to correspondence such as incomplete registration, citation, or payment information. 8. Issue letters of correction 9. Issue automated mismatched letters of correction as the mismatch occurs. H. ONLINE INQUIRYACCESS 1. Design and implement an online inquiry system to allow access to the citation database by designated City employees; 2. The on-line inquiry system must provide real time access to all citation information including registered owner information, payment information, and administrative adjudication history. RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 21 of 31 (9) CITY OF SANTA ANA I. ,SUPPORT 1. Provide staff for all aspects of processing parking citations, including any changes related to new Federal, State, or local legislation. Days and hours of operation shall be consistent with normal office hours Monday — Friday unless otherwise approved. 2. Provide on -going support to the City to access and interface with the parking citation database; 3. Vendor shall provide user's manual which includes step-by-step instructions for accessing computer database information and a list and description of any and all codes used in screens accessed by the issuing agency; 4, Provide technical support and troubleshooting assistance for any and all hardware and software used by the City. Technical support and assistance must be available between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, except City recognized holidays. J. DATABASE BACKUP & OFF -SITE SECURITY 1. Ensure that all systems are backed up daily to ensure safety of data in the event of a power outage or natural disaster; 2. Transfer and store off -site all backups of data for disaster recovery. K. INTERAGENCY INTERCEPT PROGRAM (FRANCHISE TAX BOARD) 1. Vendor must be able to interface with the Interagency Intercept Program (FTB) for collection of delinquent fees. 2. Vendor will send a FTB Notice to the Customer as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail and will be sent at no cost to the city 3. All notices are attached to the citation online and are viewable via the web L. CONTRACT REQUIREMENTS 1. No portion of the contract shall be permitted to be subcontracted to another private or public agency without express written approval from the City. Vendors must disclose the nature of work being subcontracted and the name of the private or public agency; 2. All processing functions performed shall be completed within two business days after receipt from the agency; 3. The Vendor shall comply with all requirements of the State of California Vehicle Code (CVC) in regard to processing and adjudication of citation records sent by the City; 4. The Vendor shall be required to send notices to lessees of cited vehicles when provided with the information provided on "Certificate of Non -Ownership"; 5. The Vendor shall provide• necessary on -site training and support for City staff to a retrieve information stored in the computer system; RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 22 of 31 CITY OF SANTA ANA M. OTHER 1. Attend City meetings as needed or when requested at Vendor's expense. This includes but not limited to, transportation, lodging, meals, and staff time; 2. Vendor shall comply with California Vehicle Code Section 40200.3 (b), regarding the Annual Report. The City may audit the report at its own expense. 3. Work with Traffic Engineering to process and track issued parking permits. 4. Ensure that no information associated with the notice of parking violation system is disclosed to anyone other than the City for any purpose other than the collection of penalties, fines and fees. The Vendor will ensure compliance with appropriate State and Federal regulations pertaining to the confidentiality of information. N. IMPLEMENTATION City staff shall have the right to modify, reduce, or delete the services as needed by City. O. DATA TRANSFER Submit a plan to transfer data from the existing Vendor. RFP No. 21-128 AUTOMATED PARKING CITATION AND PROCESSING SERVICES Page 23 of 31 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Data Ticket, Inc. City of Santa Ana Irvine, CA RFP NO. 21-128 O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services Attachment A: Proposer's Certification & Proposal Item Pricing ' CITY OF SANTA ANA ATTACHMENT A PROKMECt S CERTIRCATICN 8 PROPOSAL ITEM PRICING r Cartif€catlon -1 carlilylhat I have read, nndomianr€and e10181 W the terms nndE"dltPuns of this Roquow for Prepoaala: I have examined Ole Scam of Servlseo (Exh blt 1) and ern gera®€ied to prov1le senors being regtaggtad as aPacillnd'� herein. I understand and re , That I am xespormllile far reporting any errors, omlealgnha� or discrepancies to the cKylorclaftaglora prior to the submtisgion of myprop€5a1, Prapasnl Item Prlcing. Pees must ho Arclue&'60f81 casts, bduJtdng brat not it nttod to, d'ae,t end htdimat cxasls far labor, overhead,: incidental suprAleg, Travel, tnlleag,e, and fuel, Any gpec€al materla ls, will be purchased by Ills eNtractur only after diseUsaed orb authodxed by the City penjeete manager or dsslgnea In urrltfng. Ineluris silz�thrnants related to pricing tand;ror potential bptipnsl oorAva. PROPC9ER'S'STATEMENT: I have road, understood and agree: to the torroa and owdlilima on ail pages of tine Request forGua9Y3sntloM. upon roquest, I wilt transterand dglNergoods erservicas to the City In a0umdnned with said terms and owdiliatm Data Tir t,Ing, 949-428-72401949-281-1195 f G€Al NAME {}F CC9tAF�!#1€ l PHONC AjNI) FAX N11M6CRS 2003 Main Street, Salto 300 trvhie.'OA 92014 amok we%cott ChFaf operating officer PRl - ® fkAME GF Ar,ITFICI%l ELq AiaEN'r 'EI'rL� __- fr.,,a`''"'°;�x--�'4t/aF2Ce24__t`€lentSarvlcesjr�.cim�iicke€,edrraat'�ur.mEp�ieEsUcke3.n 93-1010811 Wa EDrRAL ID NUMl ER V ANPL€CAeLF) -fir ITT*1°,C.4Yit61 RFP No. 21-f28 /itl`fiUFtt,TCO PARKfNG CITATIONAND FROCFSSif'a'+.q ,OERVMES fitge zs nl,78 Data Ticket, Inc. Irvine, CA 0: 949 752-6937; 0: 949 428-7240 City of Santa Ana RFP NO. 21-128 Automated Parking Citation and Processing Services Caste P ulF ldng-ATIACHMENTA ICDNTJ �--�----� Per Uait Yeari Units pe, Year Yeer l Cost os Per Unit Yea12 s Units per Year Yeer20ast per llnil Yeau3 Estimated Unks per Year Yeat3Cost Total _Service _ Parking Citation Processing: Handwritten Paper Citations 0.38 6.M 2280.00 0.36 6,m0 22800D 0.39 6,OW 228Dm 5,840.W Electronie Citations 0.25 35,WD 21,250.011 0.25 85,0Oo 21,250.00 0.25 85,OOD 21,250.00 63,750.Do Nolkee ' 1 ct fn phsy Nntire 07A gl,04I ]09RrtM 62R g1lIrN1 7n,gkn 11. g1,III ]O,gAn (NI 112Q4n00 2nd Notice Om 50,mD OW O.W go, Om O.m OM 50,Om 13M OM 3rd Notice O➢0 30,2W ON 0.m 30,2W OW O.W 302W O.m 0.00 Drive Away Notice/Fled Letter O80 im 8000 080 1m SOm 0.so Im 80.W 240.m Le0erofCarrection 0.80 250 2WM O80 250 2mW 080 2m 200.W 60C).m Custom Noflce 0.80 1. ROAD 0.90 IW RO.On D.80 1m RODO 240.tW Adjudicatiom ^ Y .Ist level Dispositlon Letter Review OM 5,m0 4,Omm 090 5,0m 4 .W 111 S,Om 4m W 12amm Ist keel Review Hold 0.50 6m0 3,Om.m 0.50 6pm 3,OOOAp 0.50 6,WO %im, 91M)W 2nd Level Hearing/Administrative Result Letter O.80 250 2W.00 0.801 250 2m.00 O.W 250 Ym.W 6m.m Hea ring Officer Tlme(hr) 85.m 163 14,230.m 85.W1 168 14,280m 85.W 168 14,280m 42,840.W Payment -Collection Processing: Payment Processing a.m 86,m0 GMO.m BR,oOp 0W UM88,Om Om a.m Credit CaMUsage Eee(Cltimn Paymentl OM 54,Q00 Om Am 54,OW OM D.m 54,OW O.m O.m Pe ment Plen Administration lM5031 6.m 91W0 541a00.00 6.W 9,Om 54,mOM 6.W 9W0 54,11LW,m 162,M.W Fl ,WllectMs 0.15 $ 200,0M 30,lmou 0.15 200,OW 30,m0.m 0.15 $ 2W_m 30p m 900m.m Dut oFState ColecHans 0.2] $ 130,OW 213WW 021 $ 130,Om 21,300m 021 $ 130,Om 2),300m 81,9W.W Ina aner: � N3Fs Y.25 30 3250 1.25 30 37,501 1.251 30 3250 11250 Total: 22T 687 51 2216875D 22),be, . 683,062.59 Pleasenofe Credit Card Usage Fee (Gtimn Paymentl hasnoth Iddas Its thmed WIhe lnd,wdualwho elects WIRY Usl19 auedQ k1tacard.Thi fsel, $3.50 Please note. All corr­ppq denceardnotkingchaMeslucludel stClas s P stage. Asth USPS increas ths,Rpte Irate, se, We dl these casts pert nzacflpre Additional, optional pricing has been provided below and on the following pages. Joint/Escrow Banking Services , $85.00 per account 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 chargebacks and Insufficient Funds • Month -end reconciliation of all funds collected • Disbursement of County / State Surcharges at month -end • 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 Chargebacks and NSF's $2.50 per issued instance • Data Ticket will process credit card chargebacks and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds $2.50 per issued instance • Data Ticket will process refunds when notified of each need • In the event the city utilizes Joint Banking, Data Ticket will verify, generate, and send each refund due • Refunds will be issued weekly • Refunds will be sent via 111 Class Mail Data Ticket, Inc. City of Santa Ana Irvine, CA RFP NO. 21-128 O: 949 752-6937; 0: 949 428-7240 Automated Parking Citation and Processing Services • The anticipated costs for the city to issue refunds to individuals is expected to be $24,000 per year. These funds are furnished by the city to Data Ticket to replenish the city's refund account. Deliquency Collections Program 20% of amount collected • Delinquent collections include sending an additional three notices per citation, handling all customer service and processing all payments. The estimated cost of the program is $151,375 (20%) per year based on $756,877 in collections in the prior year. Parking Citation Payment Plan Processing (non -indigent) $12.00 per transaction • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • The administrative fee will be added to the Agency's invoice and once the 1S, payment plan installment is paid by the Patron, the administrative fee will be reimbursed 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 Payment Plan Administration (AB 503 — indigent) $6.00 per transaction • Acceptance and scanning of Indigent payment plan requests • Approval/Denial by Data Ticket • Inclusive of the approval/denial letter Credit Card Chargeback Processing $30.00 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback • No fee will be charged to the Agency 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. DETAILED ANDROID PRICING 3 Year Lease Price Samsung Galaxy A62+ & New 3" Printer $39.00 per unit per month 160 Purchase Price Samsung Galaxy A52+ & 3" Printer $1,277.00 per unit The city states it would like to proceed with the existing printers utilized by the city. If so, we have provided Lease and Purchase prices below for the handheld ticket writers only below. Data Ticket, Inc. Irvine, CA 0: 949 752-6937; 0: 949 428-7240 3 Year Lease Price Samsung Galaxy A52+ 9-0 City of Santa Ana RFP NO, 21-128 Automated Parking Citation and Processing Services $30.00 per unit per month Purchase Price Samsung Galaxy A52+ $1,000.00 per unit Handheld Software Licensing $100.00 per unit per year This fee covers all software licensing and upgrades provided to the city. Handheld Software Maintenance $25.00 per unit per month This fee covers complete repair and replacement of any handheld unit damaged for any reason. There is no deductible charged to the city. Upon notification of damage, we simply prepare a unit to be FedEx'd to the City for replacement. Data Plan —$45.00 per unit per month This fee will be a passed through from the selected cellular provider. Exhibi Digitally signed by Tori Pierson Tori Pierson Date: 2021.111610:51:45 -08,00, AC"RV il,. ,..- CERTIFICATE OF LIABILITY INSURANCE DATE (MM;ODIYYYY) F10/25/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If they certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:IT 1,ynet'te (1,y'nn) Eye VAX A/C No ut : 905-075-3531 AtC, No); PIA Select Insuiancc Solutions ADDRESS: Lynn.e:ycf" G,pitiseleCtxom I 100 1i'ldu$frlal Rd.,'/3 INSURERS) AFFORDING COVERAGE NAIL # INSURER A: Amco insurance Company 002014 Scan Carlos CA 94070 INSURED INSURER B : Employers Insurance C.iroup 10346 Data Ticket„ Inc. INSURER C : Continental Casualty Company 20443 DBA: Revenue. F",xperts INSURER D : Scottsdale Insurance Company 41297 2603 Main Street, Ste. 300 INSURER E : Travelers Casualty and Surety Company of America 31194 INSURERF: Irvine, CA 92614-4200 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DDtYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE a OCCUR PREMISES (Ea Occurrence) $.._ 100,()00 MED EXP (Any one person) $ 5,0(IO PERSONAL S ADV INJURY $ 2,000„000 A Y Y ACp GL,CO 3079509589 11/01/2021 11/01/2022 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL. AGGREGATE $ 4,000,000 POLICY PRO JECT OLOC PRODUCTS - COMP/OP AGO $ 4,00,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1 „000,00(.) BODILY INJURY (Per person) $ ANY AUTO A OWNED AUTOS SCHEDULED AUTOS ONLY AC;I' GLCO 3079509589 11/01/2021 11/01/2022 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PER I Y DAMAGE$ (Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS -MADE ACT CAA 3079509589 11/01/2021 11/01/2022 AGGREGATE $ 2,000,000 DED RETENTION $ $ 13 ORKERS COMPENSATION ND EMPLOYERS` LIABILITY ANY PROPRIETORSPARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? � Mandatory In NH) f yes, describe under ESCRIPTION OF OPERATIONS beaow N/A Y EIG4581764-02 11/01/2021 11/01/2022 STATUTE ER E.L. EACH ACCIDENT _ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE ------ $ 1,0C)0,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 See atuiched Additional Remarks Schedule for additional policies DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana, officers, agents, employees, and volunteers are flamed as additional insured on the General Liability policy pursuant to Written Contract', a gyeement, or memorandum of understanding. The General Liability policy includes a Waiver of Subrogation, Primary & Non -Contributory wording and 30 day notice of eancelhat'ion as required by Written contract (see attached'). Workers Compensation includes a Waiver of Subrogation (sec attached). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Wane emeant Iivision AUTHO REPRESENTATIVH 20 Civic Center Plaza, 4tli Root Dmaturt APPRovED ' Santa Ana CA t2702 �. � 761u P&M600 1968-2015 ACORD CI Risk Man.gc,,—,tCicn-lAde ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY PIA Select Insurance Solutions POLICY NUMBER Various policies see below CARRIER Various carriers -see below AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Data Ticket, Inc. DBA: Revenue Experts NAIL CODE EFFECTIVE DATE: 111112021 KVVIIIVI\AV \Vm1'\i\f\V THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Attachment to Certificate of insurance Page of Insurer C: Continental Casualty Company Professional LiabilitylErrors & Omissions Policy #287188360 Policy period: 11/112021 to 11I112022 Limit: $2,000.000 $10,000 Retention per claim Insurer D. Scottsdale Insurance Company Cyber Liability Policy #EKS3401536 Policy period: 11/1/2021 to 111V2022 Limit: $2,000,000 $25,000 Retention per claim Insurer E: Travelers Casualty and Surety Company of America Crime Policy #105702099 Policy period: 11 /112021 to 1111/2022 Limit: $1,000.000 $25,000 Retention per claim ._...._....... w� Brian ACORD 101 (2008101) Risk N7a—gemwit f Ievictl,4Yde The ACORD name and logo are registered marks of ACORD Policy #ACP GLO 3079509589 Policy period: 1111121-1111122 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -- Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional Insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part; by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf', in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. S. With respect to the insurance afforded to these additicnal insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or tailing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, Change orders or drawings and specifications; or b. Supervisory, inspection. architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the Supe.rvis;nn, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or Surveying services. CG 20 33 04 13 Oc Insurance Services Office, Inc.. 2012 III�IIII����if�lE-D&APPROVED u�VE . . lllll� hD��� II�� � CG 20 33 0413 2. "Bodily injury" or "property damage" occurring after: a. Ali work, including materials, parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, of b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. Page 2 of 2 © Insurance Services Office, Inc., 2012 i�� d.. E-D &�u�VE lliil� II�� ;D� POLICY NUMBER: ACP GL0 3079509589 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by a written contract executed prior to loss. Information required to complete this Schedule if not shown above, will be shown in the Declaration. - The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in thA "products. completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above, All terms and conditions of this policy apply unless modified by this endorsement. CIS 24 04 05 09 .D Insurance Services Office, Inc- 2008 �APPROVED u �. lllll� hD��� II�� � WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be. of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (Tice information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 11101 /2021 Policy No. EIG 4581764 02 Issued to DATA TICKET, INC, at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Carrier Code 00920 Endorsement No. Premium /% (7 Countersigned at on By: �`— Authorized r' RE AEwEP7 AVPPROVED SYr WC 04 03 06 1 °7 Pew140a (Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights rese R,k M.—g—t clerical Ade Policy #ACP GLO 3079509589 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS, COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that tnis insurance would be contrary primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provide❑ that: (1) The additional insured is a Named Insured under such other insurance: and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 04 13 Cc`, Insurance Services Office, Inc.. 2012 I RsAewm &, APPRovm Sr I�� I�` �/d'et �tc�t4axa2 ""'"" Risk M—g--t elei_lAdc