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°q`'F°R` CITY COUNCIL STAFF REPORT
Date: January 3, 2018 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 1 IN THE AMOUNT OF $ 21,600 TO
THE CONSULTANT SERVICES AGREEMENT WITH DATA TICKET,
INC., A CALIFORNIA CORPORATION, DBA REVENUE EXPERTS
(A5679) FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
From: David H. Ready, City Manager
Initiated By: Department of Building & Safety
Department of Vacation Rental Compliance
SUMMARY
Approval of Amendment No. 1 to Consultant Services Agreement No. 5679 with Data
Ticket, Inc., a California corporation, will increase the annual budget for administrative
citation coordination services to accommodate the increase level of services related to
vacation rental compliance.
RECOMMENDATION:
1. Approve Amendment No. 1 to the Consultant Services Agreement with Data Ticket,
Inc., a California corporation, dba Revenue Experts (A5679) in the amount of
$21,600 for an increased total not to exceed contract amount of $39,600 for
administrative citation processing and collection services; and
2. Authorize the City Manager to execute all documents.
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows that as
of September 11, 2017, Data Ticket, Inc., was a California corporation with the following
corporate officers: Marjorie Fleming (CEO), Albert Fleming (Secretary), and Brook
Westcott (CFO), with Brook Westcott listed as the single Director.
MEM N(
City Council Staff Report
January 3, 2018 -- Page 2
Amendment No. 1 to A5679
Administrative Citation Coordination
STAFF ANALYSIS:
On May 16, 2017, the City Manager approved Consultant Services Agreement (A5679)
with Data Ticket, Inc., a California corporation, dba Revenue Experts, to provide
collection and servicing of Administrative Citations, for the 2017-2018 fiscal year with a
maximum annual budget of $18,000. The annual budget was consistent with the
anticipated level of administrative citations related to general code compliance issues
coordinated by the Building and Safety Department. A copy of Consultant Services
Agreement (A5679) is included as Attachment 1.
On March 15, 2017, the City Council adopted Ordinance No. 1918, imposing new
regulations in the administration of vacation rentals within the City, requiring the
coordination of administrative citations related thereto.
With the formation of the new Vacation Rental Compliance Department, citation
issuance has increased by approximately 120 percent. The associated costs for the
administration and processing of those added citations were not contemplated in the
annual budget for citation administration for the 2017-2018 fiscal year. Based on the
increase in activity, the total anticipated cost of services related to administrative
citations issued related to vacation rental compliance will increase by approximately
$21,600 resulting in a total annual expenditure of$39,600.
Staff recommends that the City Council amend Consultant Services Agreement (A5679)
to increase the annual budget accordingly. Staff has prepared Amendment No. 1 to
Consultant Services Agreement (A5679), included as Attachment 2.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is exempt from CEQA pursuant to Section
15378(b)(5) Organizational or administrative activities of governments that will not result
in direct or indirect physical changes in the environment.
FISCAL IMPACT:
Sufficient funding is budgeted and available in the General Fund — Vacation Rental
Compliance, in Account 001-1155-43200.
02
City Council Staff Report
January 3, 2018--Page 3
Amendment No. 1 to A5679
Administrative Citation Coordination
SUBMITTED
r4'I'dz
ees Zicar Bons S
ictor of Building and Safety Vacation Rental C Hance Official
Suza'11he Severin Marcus L. Fuller, MPA, P.E., P.L.S.
Vacation Rental Compliance Official Assistant City Manager
David H. Ready,
City Manager
Attachments:
A. Consultant Services Agreement (A5679)
B. Amendment No. 1
03
Attachment 1
p4
CONSULTING SERVICES AGREEMENT
Processing and Collecting Administrative Citations
Data Ticket Inc., dba Revenue Experts
THIS AGRF.FMPNT FOR CONSULTING SERVICES ("Agreement') is made and
entered into on Julyl, 2017, by and between the City of Palm Springs, a California charter city
and municipal corporation (`City"), and Data Ticket Inc., dba Revenue Experts, a California
Corporation, (`Consultant'). City and Consultant are individually referred to as "Party" and are
collectively referred to as the"Parties",
RECITALS
A. City requires the services of a professional consultant to act as an agent for the
City for the processing and collection system designed to enhance the City's ability to obtain
code compliance and/or revenue from Administrative Citations and other items owed the City,
(`Project").
B. Consultant has submitted to City a proposal to provide the processing and
collection of Administrative Citations, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements,City agrees as follows:
AGREEMENT
L CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide processing and collection of Administrative Citation
services to City as described in the Scope of Services/Work attached to this Agreement as
Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the
agreed upon schedule of performance and the schedule of fees. Consultant warrants that all
services and work shall be performed in a competent, professional, and satisfactory manner
consistent with prevailing industry standards. In the event of any inconsistency between the
terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the
terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders, rules, and regulations,
ORIGINAL BID
ANDIOR^iGREFI NT
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72D599.1 -0 5
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities,difficulties,and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit "A". The total amount of Compensation shall not exceed $18,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for
authorized services performed. City shall pay Consultant for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Consultant's invoice.
3.3 Chances. In the event any change or changes in the Scope of Services/Work is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
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720599.1
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A" Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Consultant notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of one year,
commencing on July 1, 2017, and ending on June 30, 2018, unless extended by mutual written
agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement,with or without cause,upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Brook Westcott, Chief
Operating Officer. It is expressly understood that the experience, knowledge, education,
capability, and reputation of the foregoing principal is a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principal shall be responsible during the term of
this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services under this Agreement. The foregoing principal may not be
changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
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72D799_I . 4 -' 07
fully informed of the progress of the performance of the services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontractintz or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services in this Agreement. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager,the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
Brook k6estcott Chief Operating Officer
Heather Nowlan Director of Client Relations
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit"B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 indemnification. To the fullest extent pennitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
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720599 1
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including legal costs and attorney fees (collectively "Claims'), including but not limited to
Claims arising from injuries to or death of persons (Consultant's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
or local law or ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents,
and volunteers. Under no circumstances shall the insurance requirements and limits set forth in
this Agreement be construed to limit Consultant's indemnification obligation or other liability
under this Agreement. Consultant's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7.2 Desien Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8,then;
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the ncgligencc, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
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720599A n try
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights or ownership of the documents and materials. Consultant may retain copies
of such documents for Consultant's own use. Consultant shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts(including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
6 Revised:515116
726594_]
10
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit,expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 Riehts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.5 Leeal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment,or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Emaloyees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor,or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Aeainst Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, gender identity, gender expression, national origin, physical
or mental disability, medical condition,or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
7 Revised:515116
720599.1
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Scetion. Either party may change its address by notifying the other
party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E.Tahquitz Canyon Way
Palm Springs,California 92262
To Consultant: Data Ticket Inc.,dba Revenue Experts
Attention: Brook Westcott, COO
P.O. Box 7275
Newport Beach, CA 92658
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Parke Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise,upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement,by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
g Revised:61616
720599.1
�7
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
t
Date: By: N /
David H. Ready, PhD 7 ,v(�
City Manager
APPROVED BY=/MM AGER q
APPROVED AS TO FORM: ATTEST
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By: By:
Dougl . Holland, Kathleen D. Hart, MMC
City ttorney Interim City Clerk
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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720599.1
l 5
SCOPE OF SERVICES:
This agreement between the City of Palm Springs and Revenue Experts, Inc. is for the
usage of a processing and collection system designed to enhance the AGENCY'S
ability to obtain code compliance and/or revenue from Administrative Citations and
other items owed the AGENCY
1. The COMPANY is authorized to act as an agent for the AGENCY to collect
administrative citations and other items as specified by the AGENCY. The term
of this agreement shall be from July 1, 2016 through June 30, 2017. Either party
may terminate this agreement with 60 days written notice prior to the renewal
day.
2. The CITY will provide a mutually suitable arrangement for the collection of funds,
and express authorization to do business on the CITY'S behalf.
3. The COMPANY will: provide forms, notices, toll free phone lines, banking, web
site database access 7/24, postage; maintain files on collected information and
provide this information to the CITY to update its files; provide the CITY with
comprehensive management reports; and use its best efforts to obtain maximum
results.
4. Administrative Appeals: Reviews and Hearings will be held in accordance with
state law, within ninety days of the appeal date, on a site provided by the CITY.
The CITY shall be responsible to pay the $25.00 Court filing fee, if the
administrative adjudication decision is overturned by the Court.
5. First Class Mail: All correspondence will be mailed first class and is included in
the per citation fee,
6. The COMPANY operates a Franchise Tax Board Agency Intercept Program.
CITY-issued citations shall not be referred to the program by the COMPANY for
processing without the express, written approval of the CITY. There will be no
fee for an unlimited number of debts placed in the Interagency Intercept
Program, but 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.
7. The CITY 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 and weekly
statement and monthly warrant file reporting payments.
]2 Re�iseC:5/5/16
720,991
a
8. The COMPANY shall not be responsible for the CITY'S failure to provide correct
or timely infraction information.
9. Funds will be collected, deposited into CITY'S bank account and reconciled on a
daily basis when collected by the COMPANY. CITY will provide to COMPANY
deposit slips and an endorsement stamp_ An invoice for services will be sent to
CITY by COMPANY on a monthly basis, together with management reports
detailing all monthly activity. Funds reported as collected by the Interagency
Intercept Collections program will be applied on a weekly basis and included in
the monthly management reports.
10. Fine Schedule: COMPANY shall adhere to the Penalty and Administrative Fee
Schedule described in the CITY'S Municipal Code, adopted by the AGENCY
Council. No fee shall exceed the maximum penalty as outlined in this schedule.
11. Fee Schedule is attached as Exhibit A.
12. Compensation: For the services rendered pursuant to this Agreement,
COMPANY shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit "A", which total amount shall not exceed
$18,000.00.
SCHEDULE OF FEES:
1. Manual Administrative Citation Processing: $19.00•
2. Electronic Administrative Citation Processing: $17.00**
Services for the above-mentioned items includes:
• Citation entry into Data Ticket's Citation Management System
• Keying of responsible party information into the Citation Management System
• Payment processing of checks, cash, money orders, and credit / debit cards
• In-house, bi-lingual Customer Service staff
• Call recording of all inbound and outbound customer service calls
• Interactive Voice Response System available 24/7
• Semi-custom 1 t Notice of Delinquency to be sent to the responsible party
• In addition to the V Notice of Delinquency, two additional notices will be sent to the
responsible party, at a time frame to be defined by the City
• Notices will include a return envelope in which the responsible party may submit
payment
• Notices will be sent via I" Class Mail, for which Data Ticket will be responsible
• All adjudication services, including placing citations on a hearing hold, scheduling
each hearing, and sending a scheduling letter to the Appellant
• Custom judgment letter will be sent to the Appellant via Certified Mail
• All letters will be available on the web for City personnel to view and/or re-print at
anytime
13 Rweed:515116
720:99,1
L e
`Since the City opts to use both Parking and Administrative Citation processing
services, the fee for manual administrative citation processing is $19.00
"Electronic File Transmission
Administrative Hearings $85.00/hr
Data Ticket's independent, certified, insured hearing officers will be provided to the City
to perform in-person, phone, and written hearings.
• 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 City, citizen and Data Ticket,
• Data Ticket will work with the City to arrange for the use of a conference room at a
City location or the City may elect to have citations heard at a centralized location
within the County
3. Franchise Tax Board Processing
4. SSN Look-up $3.00 per SSN
• 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
5. FTB Collections 15% of revenue collected
• 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.
Monthly Minimum $150.00 (not inclusive of Escrow Account if elected)
Optional Services:
6. Third Party Collections
7. Legal Action Not Required 30% of revenue collected
• This fee is charged if a citation is paid at the Third Party Collections. This charge is
not combined with any other charge. For example if a citation is rolled to delinquent
status and paid at Third Party Collections, only the 30% of revenue collected will be
charged
Joint Banking Account Services $100.00 per month
Services for the above-mentioned item includes:
• Daily deposits of funds to the City's escrow account
• Online, real-time reconciliation reports that tie directly to the bank statement
14 Revised:5/5116
7?05W I Q
� v
• Processing of all credit card charge-backs 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 City
Refunds, NSFs &Charge Backes $5.00 per instance
• Issuance of all refunds to citizen who are due a refund via 1st Class Mail
• Processing, reopening, addition of all fees and penalties & re-noticing
8. Conversion: $0.00
• Data Ticket will convert the citations currently with the City's existing vendor at no
cost to the City
• Citations that have not had a payment and do not have a registered owner will
immediately be sent to the appropriate DMV so as to obtain a registered owner
• Noticing and the processing of the citations will begin once a registered owner is
retrieved as the City's current vendor is not performing this
9. Online Access: $0.00
Services for the above-mentioned item includes:
• Access via the Internet for the City's citizens and visitors to perform as many
functions as the City desires.
10.Other:
• A convenience fee will be assessed to the citizen in the event they choose to pay
online or via the IVR or phone
• An administrative fee will be assessed to citizens who wish to participate in a
payment plan will be available to citizens. This fee will cover the cost of the payment
plan initiation, and the cost of a confirmation letter that is sent to the citizen
confirming the details of the payment plan.
FEES CHARGED TO THE PATRON
Credit/Debit Card Transaction Fee charged to Patron $3.50
Credit/Debit Card Chargeback Fee charged to Patron $30.00
Fee for Payment Plan Initiated by Patron $15.00-$50.00
Postage Increases to be charged as increased by the US Postal Service
5 Revised:615116
720,599 1
1
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
16 Revised:5/5116
7?0599.1
20
INSURANCE
1, Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty (30)days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees,agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials,
officers, agents, employees,and volunteers.
2. Minimum Scone of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
required
is not required;
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Consultant's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
17 Revised:5/&16
72D599.1
21
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Covera¢e. If Errors & Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
-the amount required by this Agreement for at least three years after completion of Consultant's
services under this Agreement. Consultant shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiencl of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII,or better, unless otherwise acceptable to the City.
6. Verification of Coveraee. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
is Revised:515/16
720599.1
22 L.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurers waiver of subrogation in favor of City, its elected officials, officers, employees,
agents,and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
S. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
19 Revised:515M
7205".1
ENDORSEMENT AGREEMENT BROKER COPY
WAIVER OF SUBROGATION
BLANKET BASIS 9065731-16
FUND RENEWAL
NA
HOME OFFICE 2-71-67-20
SANFRANCISCO EFFECTIVE JULY 12, 2016 AT 12.01 A.M. PAGE 1 OF 1
ALLEFFECTIVE DATESARE AND EXPIRING JULY 12, 2017 AT 12,01 A.M.
AT 1201 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
DATA TICKET INC
4600 CAMPUS DR STE 200
NEWPORT BEACH, CA 92660
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.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION /
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT,
COUNTERSIGNED AND
;ISSUED
AT
S�AANNFRFRANCISCO- JUNE 1, 2016/�
AUTHOFAZM REPRE=® PRESIDENT AND CEO 2572
crm rAm" Im» MEW..".A
ie
CO Or DATE0Xi*DDNY ,
CERTIFICATE OF LIABILITY INSURANCE 10/10/2016
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. TtBS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(es)must 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 certifioare does not confer rights to the
certificate holder In lieu at such endorsement(s).
PROJUCEB OCNNAFAF: L nn Eye
PELLETT INSURANCE SERVICES INC PHONE 805 227-6760 FAX
2585 Theatre Drive, Ste 5 -NAIL'
z: t ? WE,Nn:I805)237-7350
Paso Robles, CA 98446 ADDRESS:karen@ ellettins-cam
n9Un ER(s) APPoAiJWG nOYERAGE t41C4
OH2721820 INSURERA:AmcO Insurance Company
rtlsuRra Data Ticket, Inc. Ns�RERB:
DBA; Revenue Experts suaERr
4600 Campus Dr. , Ste_ 200 NJS'JAER D:
Newport Beach, CA 92660 INSURER E:
eNSJRER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEEO BELOW HAVE'SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUHENT 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.
EXC'-USIONS AND CONDITIONS OF SUCH POLICIES LA11TS SHOWN MAY HAVE BEEN REDUCED BY PAID CL"S.
LTR TYPE OF lNSURANCc vrvn POLICY N1.110KR fMWDDNYYYR) ORAIDDNYYY) LIMITS
X CCU EMLAL,CEsERAL Ltiis(LnY II EACH CCCURI`15 Z S 2 000 0n0n0
CLAIhFSMADE a O•�CJR S PREl,IISES fE cccc^anral S 300 V V D
MEDEXP
ii AC $P03027427618 11/1/2016 11/1/2017 are ,.,.) S D00�5
A X F Y P PERSONAL S ADV INJURY $ EXCLUDED
GEVL AGGREGATE U IT APPLIES PEP: I GENERAL AGGREGATE S 4,000, 000
POLICY❑JECT 7 LOT: PRODUCTS G0hIPrPAGo 5 4, 000, 000
OTH=R: S
AUTOMOEkt LWELT-Y - I'II s 1 000 000
Ea xccideni , ,
A.NAUiC f BOOLY INJURY(Per W'W.l $
ALL OWNED SCHEDULED ACPBP03027427618 11/1/2016 111/1/2017
BCOLYIN;URY(Per eociden!1 S
A X HIR�Ei AUTOS Not^1VN:ED r 5
Al XIS 1PPr xCidenl
5
X UMBRELLA LINe O C R P_CPCAA3027427618 11I1/z016 11/1/zo17 EACH OCCURRENCE G 2,000,000
A EXCESS LIAS CLAIMS•IAA0. AGGREGATE S 2,000,000
OED 'RETEIJr'AN 5 s
WOAKERS CCNPENSATbN I STAME LS
ACID EUPLOYEPS•LIAIIJUI'
A;ri PTGPRIrTLW mrcP.FXC_L,P,`: ❑ E.L E.ACHACCIDENT S
S CFFrFR'VFJ•'eER FXGLWFDI 14,A
<w1)o31Wy 1.eR) E.L.DISEASE EA EMPLOYE 5
OEr.Yes d?SCr.IN.O=OSGRIP7 ON O° PERATION$ne+c.+ E 1.DISEASE POLICY LIMB S
I
CeSCRIPT0tJ OF OPERAMCOS/LCCATIONS I VEHICLES (ACARD•.C1,Addilbtat Firm.wk5 Schaduia may be allachad it,Hare spice im re.Pulrect
IT IS AGREED THAT THE CERTIFICATE HOLDER LISTED BELOW IS INCLUDED AS ADDITIONAL INSURED
INCLUDING A WAIVER OF SUBROGATIOfl. AS REQUIRED BY WRITTEN CONTRACT, BUT SOLELY AS THEIR
INTERESTS MAY APPEAR IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY FORM. THIS
INSURANCE IS R17TM'ARY 6 NON—CONTRIBUTORY.
CERTIFICATE HOLDER CANCELLATION
City of Palm Springs Code Enf SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
3200 E Tah stz C n Way Palm THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
�N Y Y ACCORDANCE WITH THE POLICY PROVISIONS.
Springer CA 92263
A QED REPRES Off ATN
Attn: Denise Bystrzycki
1908-2014ACORD CdROORATION.Al rights reserved.
ACORD25(2014JOi) The ACORD name and logo are registered marks of ACORD
ti
ACORUM CERTIFICATE OF LIABILITY INSURANCE 1011812016ffY)
PRODUCER THIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION
Ashbrook-Clevidence,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3000 W.MacArthur Blvd.,#320 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License#0188788
Santa Ana,CA 92704 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: CA State Comp.Ins. Fund
Data Ticket,Inc.dba: Revenue Experts / INSURER B: Continental Casualty Ins.Co.
4600 Campus Drive#200 / INSURER C: Scottsdale Insurance Co.
Newport Beach,CA 92660 ✓{ INSURER D:
INSURER E
COVERAGES
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS-
INSR R TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION
DATE 4MMMOrf'Yl DATE MN UNITS
GENERAL LIABILITY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S
CLAIMS MADE ❑OCCUR MED EXP(Any am person) S
PERSONAL&ADV INJURY $
GENERAL AGGREGATE S
GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOP AGG $
17 POLICY71jEC
PROT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS IPer person)
HIRED AUTOS SOGILY INJURY S
NON-OWNED AUTOS (Per acddent)
PROPERTYCAMAGE S
(Per amident)
GARAGE LIABILITY AUTO ONLY-FA ACCIDENT $
ANY AUTO EA ACC S
OTHER IMAM
AUTO ONLY: AGG $
EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
$
DEDUCTIBLE $
RETENTION $ $
A WORICERS COMPENSATION AND 90657312016 07112116 07112/17 X I T1011C sTATJMIT. OTH-
EMPLOYERS'LIABILITY EEL
ANY PROPRIETOFt'PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1 000000
OFFICEPJMEMB£R£XCLUDED7 YES E.L.DISEASE-EA EMPLOYEE $1 00D 000
If yes.dawibe ender DOO,ODO
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT St,
B oTNER Errors&Omm 287188360 11/01116 11)01J17 $2,000,000
C Perrsonal &Add EKS3202384 11/01116 11101/17 $2,000,000
C C ber Liablll EKS3202384 11/01/16 111101117 $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS]VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS j
Certificate evidences current policies of Workers Compensation with Blanket Waiver of Subrogation attached
and Professional Llability(Errors&Omissions)Including Personal&Advertising Injury Liability and Cyber
Liability
CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Data Ticket, Inc DBA:Revenue DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1111 WRITTEN
Experts NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO$0$HALL
4600 Campus Drive Suite#200 IMPOSE NOOBLIGATON OR LIMUTYOFANY I ND UPON THE INSURER,ITSAGENTS OR
Newport Beach,CA 92660 REPRESENTATIVES.
AUTHORIZED,REPRESENTATIVE
ACORD 25(2001108)1 of 2 #S297831M29782 Q A ACORD CORPORATION 19881
IIT9
is
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer.and the certificate holder. nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORZD 25-5 f2001M) 2 of 2 #S287831111 2
BUSINESSOWNERS
PS 04 4811 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM
A. The following is added to Section II.WHO IS AN Section Ill. LIMITS OF INSURANCE AND
INSURED: DEDUCTIBLE:
Any person or organization shown in the If coverage provided to the additional insured is
Schedule of this endorsement is also an insured, required by a contract or agreement,the most we
will pay on behalf of the additional insured is the
but only with respect to liability for"bodily injury
"property damage"or"personal and advertising amount of insurance:
injury"caused, In whole or in part, by your acts 1. Required by the contract or agreement;or
or omissions or the acts or omissions of those 2. Available under the applicable Limits Of
acting on your behalf in the performance of your Insurance shown in the Declarations; whichever
ongoing operations or in connection with your is less.
premises owned by or rented to you. This endorsement shall not increase the
However. applicable Limits Of Insurance shown in the
1. The insurance afforded to such additional Declarations.
insured only applies to the extent permitted C. This insurance,including any duty we have to
by law;and defend"suits", does not apply to:
2. If coverage provided to the additional T. "Bodily injury"or"property damage"that
insured is required by a contract or arises out of, in whole or in part,or is a
agreement,the insurance afforded to such result of, in whole or in part,the active
additional insured will not be broader than negligence of the additional insured shown
that which you are required by the Contract in the Schedule of this endorsement.
or agreement to provide for such additional g in 2. "Personal and advertising u
insured. I rY"that arises
out of any independent"personal and
B.With respect to the insurance afforded to these advertising injury"offense committed by the
additional insureds,the following is added to additional insured shown in the Schedule of
this endorsement.
All terms and conditions of this policy apply unless modified by this endorsement.
SCHEDULE
Name Of Person Or Organization:
WHEN REQUIRED BY A WRITTEN CONTRACT
NIA V
PB 04 48 11 14 IndWas copyrigMed material of Insurance services Office,4no.,with its permission, Page 1 of 1
ACP SPO 302742781E AGENT COPY 47 38415
BUSINESSOWNERS
PB 04 97 07 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Name Of Person Or Organization:
WHEN REQUIRED BY A WRITTEN CONTRACT
VZ
In condition K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, underparagraph 2.
Applicable to Businessowners Liability Coverage,the following paragraph is added:
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 the "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.
Indudes copyrighted material of Insurance Services Office,Inc.,with its permission.
0 ISO Properties, Inc.,2004
PB 04 97 07 07 Page 7 of 9
ACP SPO 3027427618 AGENT COPY 47 38424
SUSINESSOWNERS
PB 60 72 07 11
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
AMENDMENT TO OTHER INSURANCE CLAUSE FOR
ADDITIONAL INSUREDS - PRIMARY AND NON-
CONTRIBUTORY WHEN REQUIRED iN A WRITTEN
AGREEMENT OR CONTRACT WITH YOU
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
Only with respect to any additional insured, in the COMMON POLICY CONDITIONS,form PB 00 09, under
condition H. OTHER INSURANCE, paragraph 2.a. is replaced by the following:
H. OTHER INSURANCE
2. Under any liability coverage provided by this policy,
a. If for injury or loss we cover,there is other valid and collectible insurance available to any additional
insured under another policy, our obligations are limited as follows:
(1) Issued by another insurer, or if there is self insurance or similar risk retention that applies to a
loss covered by this policy, then this insurance provided by us shall be excess over such other
insurance, unless you have agreed in a written contract or written agreement signed prior to the
loss that this insurance shaft be primary:
(a) Then this insurance is primary.If other insurance is also primary,we will share with ail that
other insurance as described in d. below; and
(b) The coverage afforded by this insurance is non-contributory with the additional insured's own
insurance.
Paragraphs(a)and (b)do notapply to other insurance to which the additional insured has been
added as an additional insured to any other person ororganization's policy.;or
(2) Issued by us or any of our affiliate companies, that applies to a loss covered by this policy,then
only the highest applicable Limit of Insurance shall apply to such loss.This condition does not
appiy to any policy issued by us that is designed to provide Excess or Umbrella liability insurance.
All terms and conditions of this policy apply unless modified by this endorsement.
PS 60 72 07 11 l Wudes copyrighted malarial of Insurance Services Office,im,with its permission
Page 1 of 1
3 t
a a a a 1.Endorsement No 2.issue Date(MMlD M)
+ s
1 Producer 5 Policy Information. \
Z��Z�'e \` ��cV . comer.
Policy No.
Policy Period
`rr, , `� �� Coverage Trigger Occurrence
Telephone Loss Ad)uslmenl Expense,❑Included in Limits []In Addition.to Limits
4 Insured (Check Which)
❑Self-Insured Retention of:
$ _ A$V an Aggregate of$
7.Applicahta.This insurance pe.-dams to the operaWns and;or tenancy of the named
insured under all wiven agreemects and permits in&>rrr with!be City of Palm
Springs urress checked hereQ W.which case only the fallnwirg sce0r:
agreements and perrrila with the Cit7 c!Palm Springs are oovercd
8. • of City AgreementsiPermits
General Liability 10 Other Provisions
Commercial General Liability
Comprehensive Form
• . Liability Limits in Thousands
ach Occurrence Aggregate
PrerriseslOperWiens 11.Cia':ms for clemT pursuant
to this oscraace(address and tetephoouj
Underground&Colkapse Mazarc
PrcductslCompletec Operations
Contractual
Independent Contractors
In consideration of the premium Charged anJ netwithstandirg any inconsistent statement In the pricy to which this endorsement is attached
enucrsenie nt new or hereafter thereto,it is agreed as folHows.
12. Additiona I Insured.The City of Palm Springs and its Dff ica'5 empioyees arid agen's are included as accitional inbuireds wilhi-egard to liabd;ty and
defense of all claims.lawsuils.liab'•llties or damages of whatsoever arising from the ooeeabons and uses performed by or on behal!of the named
insured
13. Contribution Not Required. Insurance is prmary with respect to any insurance maintained by the City of Palm Springs and shaG not call on the
City's insurance forcontributien
14. Cancellation Notice.Wit�respect to the interests of the City of Paim Springs this insurance shall not be cancelled, or materially reduced in
cnverage or limits except after thirty(36)days prior written not.ce by receipted delivery has been giver to the C1y of Palm Sprtegs addressed as
follows Cnyof Palm Spririgs.Attn:Risk Manager.3200 E.Tahguitz Caryon Way,Palm Springs CA 92262
Exceptas stated above nothing herein shall be held to waive,alter or extend any of the limits,conditions,agreements or exoiusiors of the pulicy to which
this endorsement is attached
Endorsement •
15, CltyDepartmentlBureau 16. Authodzad Representative:)z8mkerlAgent pUnderwnter
City of Palm Springs t (pnnttype name),warrant that I have
3200 E.Tahquitz Canyon Way authority to el the above mend d insurance oompany and by my signature hereon do so
Palm Springs, CA 92262 bind this company to this endorsement.
SignatureAMIN
-
(an'gfnelsigne
Telephone: DateSprted.
All
1.
Attachment 2
3
AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
AGREEMENT No. 5679
Processing and Collecting Administrative Citations
Data Ticket Inc., dba Revenue Experts
This Amendment No. 1 to the Consultant Services Agreement (A5679), ("Amendment
No. 1"), is made and entered into this day of , 2017, by and between
the City of Palm Springs, a California charter city and municipal corporation, ("City"), and Data
Ticket, Inc., a California corporation, dba Revenue Experts, ("Consultant").
RECITALS
A. City has determined that there is a need for a professional consultant to act as an
agent for the City for the processing and collection system designed to enhance the City's
ability to obtain code compliance and/or revenue from Administrative Citations and other items
owed the City, (hereinafter "citation administration"), and on May 16, 2017, the City Manager
approved a Consultant Services Agreement (A5679) with Consultant to provide citation
administration.
B. On March 15, 2017, the City Council adopted Ordinance No. 1918, imposing new
regulations in the administration of vacation rentals within the City, requiring the coordination of
administrative citations related thereto.
C. At the time the City Manager approved Consultant Services Agreement (A5679)
with Consultant to provide citation administration, the scope of work did not anticipate the
increased volume of administrative citations issued relative to vacation rental compliance.
D. It is necessary to expand the scope of services for Consultant Services
Agreement (A5679) with Consultant to provide citation administration related to vacation rental
compliance efforts, and City wishes to amend Contract Services Agreement (A5679) to
increase the annual budget for citation administration by $21,600 for a total annual budget of
$39,600, as identified in this Amendment No. 1.
In consideration of these promises and mutual agreements, City agrees to retain and
does hereby retain Consultant and Consultant agrees to provide services to the City as
follows:
AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference
herein as material terms relied upon by the Parties in agreeing to and executing this
Amendment No. 1.
SECTION 2. Section 3.1 Compensation of Consultant is hereby replaced in its entirety
to read:
3.1 Compensation of Consultant. Consultant shall be compensated and
reimbursed for the services rendered under this Agreement in accordance with the schedule of
fees set forth in Exhibit "A". The total amount of compensation shall not exceed $39,600.
SECTION 3. Section 10.3 Covenant Against Discrimination is hereby replaced in its
entirety to read:
Covenant Against Discrimination. In connection with its performance under this Agreement,
Consultant shall not discriminate against any employee or applicant for employment because
of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Consultant shall ensure that applicants are employed, and that employees are treated during
their employment, without regard to their race, religion, color, sex, age, marital status,
ancestry, national origin, sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Consultant shall otherwise fully comply with the provisions of Palm
Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting.
SECTION 4. Exhibit A, "Scope of Services" to the Agreement is amended as follows:
Item #12 under "Scope of Work" is revised to read: "12. Compensation: For the services
rendered pursuant to this Agreement, COMPANY shall be compensated and reimbursed, in
accordance with the schedule of fees set forth in Exhibit "A", which total amount shall not
exceed $39,600.
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the
Consultant Services Agreement (A5679), unless specifically modified herein, shall continue in
full force and effect. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 1 and any provisions of the Consultant Services Agreement (A5679), the
provisions of this Amendment No. 1 shall in all respects govern and control.
SECTION 6. Corporate Authority. The persons executing this Amendment No. 1 on
behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii)
by so executing this Amendment No. 1, such party is formally bound to the provisions of this
Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any
provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
31
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the
dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready,
City Manager
APPROVED AS TO FORM: ATTEST:
By: By:
Edward Z. Kotkin, Anthony Mejia,
City Attorney City Clerk
"CONSULTANT"
Data Ticket, Inc., a California corporation
Date: By:
Signature
Printed Name/Title
Date: By:
Signature
Printed Name/Title
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
35
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before fire, _
Warn tleie inxrl Name ant Tiga of the 4<Aw
personally appeared
M�a+va(cJ M efgaer{s}
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) is/are subscribed to the
Within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hisihwAheir sigrtatu*s) on the
instrument the pewn(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signature
Place om,afy Seal Pbwe S#aarire d 1lceaey ftbSc
OP77ONfAL
Though the information below is;no regidreri by law.It may prove vahtaVe to persons retying on the doovment
and could prevent fratdWent removal and reairachrrierrt of this.brm to another document.
Description of Attached Document
Title or Type of Document:..................................
_.._..._._ .._
Document Date: Number of Pages:
Signer(s)Met Than Named Above:
Capeclty(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:___________
Individual Individual
17 Corporate Off icer—Title(s): Corporate Officer—Trtle(s):
Lj Partner—D limited ❑General Partner—U Limited G General
:1 Attorney in Fact Attorney in Fact
1 Trustee Top a€thumb he e -Trustee foP�thu�h4re
U Guardian or Conservator L Guardian or Conservator
O Other:__ m Other:
Signer Is Representing: i Signer Is Representing:
1
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