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Turbo Data Systems Inc and the Palos Verdes Parking Authority - FY2024-031 c DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 AMENDED& RESTATED AGREEMENT BY AND BETWEEN TURBO DATA SYSTEMS, INC., AND THE PALOS VERDES PARKING AUTHORITY TO PROVIDE FOR PROCESSING OF PARKING CITATIONS FOR THE CITIES OF ROLLING HILLS, ROLLING HILLS ESTATES,AND RANCHO PALOS VERDES This Professional Services Agreement For Processing of Parking Citations (the "Agreement") is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the Palos Verdes Parking Authority, and joint agreement by and between the City of Rolling Hills Estates, a general law city and municipal corporation,the City of Rancho Palos Verdes, a general law city and municipal corporation, and the City of Rolling Hills, a general law city and municipal corporation (hereinafter individually referred to as "City" and collectively referred to as the "Cities" or as "Authority").TDS and Authority are also referred to individually as a "Party" and collectively as the "Parties." RECITALS A. TDS desires to perform and assume responsibility for the provision of professional processing of parking citation consultant services required by the Cities through the Authority, with the City of Rancho Palos Verdes acting as the agent for both Cities and the Authority; B. TDS represents that it is experienced in providing professional processing of parking citation consultant services to public entities, is licensed in the State of California, and is familiar with the plans of the Cities; and C. TDS and Authority desire to enter into this Agreement, as amended and restated, whereby TDS will process parking citations for Authority pursuant to the terms and conditions set forth herein. NOW,THEREFORE,the Parties hereto agree as follows: , 1. LEAD CITY FOR AUTHORITY. Rancho Palos Verdes will act as the lead city for the Authority for purposes of this Agreement and shall serve as the liaison between the Cities and TDS. Rancho Palos Verdes will receive all reports, information, and revenue,which are required to be provided by TDS pursuant to this Agreement, on behalf of all the Cities. Rancho Palos Verdes shall supply copies of all reports or data provided by TDS to Rolling Hills Estates and Rolling Hills within 30 calendar days of receipt of same from TDS. Rancho Palos Verdes also shall provide to Rolling Hills Estates and Rolling Hills a monthly report, indicating the share of each city's prior month's revenues, and distribute each city's allocated amount with such monthly report. 2. CONTRACT OFFICER. The Deputy City Manager, or such person as may be designated by the Rancho Palos Verdes City Manager, is hereby designated as being the representative of the Authority authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith and in all dealings with the California Department of Motor Vehicles in connection with the Agreement ("Authority Officer"). DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 3. PURPOSE. The purpose of this Agreement is for TDS to process parking citations for Authority in a timely manner. _ 4. SCOPE OF SERVICES. When and as directed by Authority in writing, TDS shall perform the services identified in Exhibit A (Scope of Services), which is attached hereto and incorporated herein by reference. 5. PROHIBITION AGAINST SUBCONTRACTING AND ASSIGNMENT.TDS shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of each of the Cities. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of each of the Cities.Any such prohibited subcontract, assignment, or transfer shall be void. 6. TERM. This agreement is effective for a period of five(5)calendar years,commencing January 1, 2022. 7. CONSIDERATION. In consideration for services performed by TDS as provided in this Agreement,Authority shall pay TDS pursuant to the terms set forth in Exhibit"B" (Consideration), which is attached hereto and incorporated herein by this reference. 8. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed on a monthly basis in arrears, and payment for undisputed amounts shall be made within fifteen (15) days after receipt of such invoice. 9. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Authority or its Authority Officer within one week following a request by the Authority to examine such records. 10.TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement as set forth in Sections 1 and 3. 11. INDEPENDENT CONTRACTOR. At all times during the term of this agreement,TDS shall be an independent contractor and shall not be an employee of the Authority of any of its member Cities. The Authority shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this Agreement; however, Authority shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this Agreement. 12. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this Agreement. 13. INDEMNIFICATION BY TDS. A. TDS agrees to defend, indemnify, hold free, and harmless the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rancho Palos Verdes, its elected officials, officers, agents, and employees arising out of the performance 2 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rancho Palos Verdes' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rancho Palos Verdes. B. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills Estates, its elected officials, officers, agents, and employees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills Estates, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills Estates' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills Estates. C. TDS agrees to defend, indemnify, hold free, and harmless the City of Rolling Hills, its elected officials, officers, agents, and employees, at TDS's sole expense, from and against any and all claims, actions, suits, or legal proceedings brought against the City of Rolling Hills, its elected officials, officers, agents, and employees arising out of the performance of TDS, its employees, and agents of the work undertaken pursuant to this Agreement or its failure to comply with any of its obligations contained in this Agreement, regardless of the City of Rolling Hills' passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City of Rolling Hills. 14. INDEMNIFICATION BY AUTHORITY. TDS shall use due care in processing work of the Authority. Any errors shall be corrected by TDS at no additional charge to the Authority. TDS shall be entitled to reimbursement from the Authority for any expenses incurred by TDS for the correction of any erroneous information provided by the Authority TDS shall not be responsible for Authority's losses and expenses resulting from erroneous source materials provided by the Authority. Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope of this Section. 15. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this Agreement, TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. 16. AUTHORITY. Except as Authority may specify in writing, TDS shall have no authority, expressed or implied,to act on behalf of the Authority or any of the individual Cities in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to this Agreement to bind Authority to any obligation whatsoever. 17. CHANGES IN LAW. TDS shall notify Authority in writing of any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations. Upon such notice, Authority shall determine whether to implement the recommended changes proposed by TDS or to terminate the Agreement as of the effective date of the change in law or regulations. 3 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 18. OWNERSHIP OF SOFTWARE. Authority acknowledges that the software and software programs used by Authority or used for Authority's benefit which were developed by TDS are the sole property of TDS and the Authority obtains no right or interest in the software by virtue of this Agreement. 19. OWNERSHIP OF DOCUMENTS. All electronic and handwritten citations; electronic and handwritten reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS'agents,officers,or employees in connection with this Agreement, shall be the property of Authority and shall be delivered to the Authority upon either the completion or termination of this Agreement. 20. FORCE MAJEURE. The Parties shall not be responsible for delays or failure in performance resulting from acts beyond the control of Parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes, or other disasters. 21. TERMINATION. This Agreement may be terminated by either Party upon sixty (60) days written notice. At such time, TDS agrees to provide Authority, in computer readable form, a copy of all data files used for purposes of carrying out the obligations under this Agreement. 22. NOTICE. Whenever it shall be necessary for either Party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail addressed to: TDS: Turbo Data Systems, Inc. 1551 N Tustin Avenue Suite 950 Santa Ana CA 92705 Roberta J. Rosen, President Cities: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 City of Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills Estates,CA 90274 unless and until different addresses may be furnished in writing by either Party to the other. Such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 23. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement 4 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 between Authority and TDS and supersedes any and all prior negotiations, representations, or agreements,either written or oral. This Agreement may be amended only by written instrument signed by all of the Parties. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. 24. CALIFORNIA LAW. This Agreement shall be interpreted, construed and governed 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 Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 25. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. 26. INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Authority the insurance specified in this-Agreement under forms of insurance satisfactory in all respects to Authority. TDS shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by TDS, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed.1 /73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed.1/78) covering Automobile Liability, code 1 any auto and endorsement Ca 0025. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance TDS shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 5 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to each City and its officers,officials,employees, volunteers,and agents; or TDS shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to each City and its officers, officials, employees, volunteers and agents. TDS's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each general liability insurance and automobile liability insurance policy shall be endorsed with the following specific language: The City of Rancho Palos Verdes, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills Estates, its elected or appointed officers,officials,employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. The City of Rolling Hills, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the TDS, including materials, parts, or equipment furnished in connection with such work or operations. Verification of Coverage TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Authority as additional insured. All endorsements are to be received and approved by Authority before work commences. All required information is to be mailed to the address shown in the NOTICE section of the Agreement. 27. COVENANT AGAINST DISCRIMINATION. TDS covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race,color, 6 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement.TDS shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 28. NON-LIABILITY OF AUTHORITY OFFICERS AND EMPLOYEES. No officer or employee of each City shall be personally liable to the TDS,or any successor in interest, in the event of any default or breach by any of the Authority or any of Cities or for any amount, which may become due to TDS or to its successor, or for breach of any obligation of the terms of this Agreement. 29. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument and shall be effective from and after October 3, 2023. CITY OF RANCHO PALOS VERDES c-DocuSigned by jduA, bittiLs(kadc By:-A866C0B0874447E John Cruikshank Name/Title: Mayor Pro Tern 10/4/2023 Date: CITY OF ROLLING HILLS ESTATES Name/Title: 7,.. 1/7L !" / /0 MOA/Or Bri ` ThAff Date: tO(2.312-0Z3 CITY OF ROL I NG HI By: L Name/Title:A ettc (').-alE j___ ---- A 3 Date: I 7i [SIGNATURES CONTINUE ON NEXT PAGE] DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 TURBO DATA SYSTEMS, INC. —DocuSigned by PIA ALA, j. rbSUA. By:'-4A5C602369B5489 Roberta J. Rosen President c DocuSigned by ftit. At. S-itiviquA, By: --A0170B3B834C49F Elie M. Sleiman Secretary [END OF SIGNATURES] Two corporate officer signatures required a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 8 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 EXHIBIT"A" SCOPE OF SERVICES TDS shall perform the following services in processing all parking citations: A. Basic Processing—TDS will enter manual citations and citation dispositions into Authority's database within 2 business days. The basic service includes database maintenance,daily system backups,toll-free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content,TDS Agency Service Representatives(8:00 am— 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues,ongoing Client support,and documentation and training for use of the TDS- provided online system. B. Handheld Ticket writer Interface-TDS will provide for automated import of electronic,citations into Authority's database within 1 business day.TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Cities to upload into their handheld ticket writers. TDS will work with Authority to implement any changes required for handheld ticket writer equipment. C. System and Document Storage-Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Authority or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Authority or shredded. D. Online Reporting-Provide monthly reports online indicating the status of all citations,such reports to be available for Authority access no later than the thirtieth (30th)day of the following month. E. DMV Interface for Registered Owner Name Retrieval -Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date. F. Notice Processing-Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments,and name or address changes.The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS.All postage, notice forms and envelopes will be provided by TDS. 1 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice`of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Authority to be the DMV Date. H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance. I. DMV Interface for Monthly Payment File—Receive payment file from DMV as available (currently monthly) and update DMV transactions into Authority's database, providing reporting for reconciliation purposes. J. Delivery Service — Manual citations will be mailed or scanned to TDS by Authority at their own expense.TDS reports will be provided online.TDS will return any required documents via UPS and/or US Mail. K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Authority: • Provide P. 0. Box where payments are mailed • Courier pickup from P. O. Box daily • Open all mail • Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Authority for decision • Make bank deposits to Authority bank account using check scanning • Verify amounts deposited, by citation number • Provide toll-free number for citizen inquiries • Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Authority to make surcharge payments to the County • Scan checks and deposit parking funds (remote deposits) into Authority's bank account. Check scanning hardware and software is provided by Authority for its specific banking requirements. • Contractor does not charge for remote deposits; however,the financial institution may charge a fee, which is the responsibility of the Authority. • Cities not set up for bank check scanning will incur additional courier fees. 2 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges.TDS will receive payment from Authority based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees. M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Authority is given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each City receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the Authority's account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Authority will not be involved in the daily processing. N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Authority processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings.All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. 3 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 Administrative Review requests will be entered within 2 business days of receipt. Adjudication documents will be stored for 2 years from their activity date and then shredded. O. Paperless Appeals (eAppeals PRO & Scanning) —TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years. P. Online Inquiry Access for Authority's Staff- Access includes online access 24 hours a day, 7 days a week for Authority personnel to inquire on Authority's database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS' facility and view daily file transfers sent from the handheld ticket writer software and received at TDS' facility. TDS' technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Authority's Internet connection. Q. Additional Notices—TDS will mail Other Correspondence as required for processing. R. ICS Collection Service—Special Collections-Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Authority are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Authority's regular citation processing bank account. The TDS Agency Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts. S. Franchise Tax Board Offset Program—TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Authority will be required to complete required FTB paperwork and forms (with TDS' assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the 4 DocuSign Envelope ID E23DF060-409F-4B74-B138-6C0419F3F6F0 FTB regarding the FTB process. T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Authority for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the Authority to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized City specific information for indigent payment plans on pticket.com. U. Bank Account Management(Optional) TDS will open a trust account in the name of the Authority to receive parking deposits for all parking citation monies.TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a monthly surcharge check to the county based on reporting.TDS will pay their own invoice monthly and write a check to the Authority monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Authority of reconciliation. V. Handheld Ticketwriters—ticketPRO Magic TDS will provide ticketPRO Magic Units(phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. Remote Connect Support for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units.Software upgrades as newer versions become available.Support via email for support requests and for reporting software/hardware issues. 5 DocuSign Envelope ID E23DF060-409F-4B74-6138-6C0419F3F6F0 EXHIBIT"B"-CONSIDERATION Basic Processing Services $1.255 per citation $300 minimum in basic processing services required Out of State Processing 35%of amount collected No charge until payment is collected. Administrative Adjudication Letters $2.29 per letter mailed Includes processing all administrative review result letters,hearing result letters,scheduling of all hearings and processing hearing schedule letters for the public. Additional Correspondence $1.08 per letter mailed Paperless Appeals(eAppeals PRO) included with Administrative Adjudication Special Collections ICS(optional) 33%of amount collected (optional) FTB Interagency Processing(optional) $2.50 per letter+15%of amount collected Bank Account Management(optional) $100 per month plus bank fees/charges Refund Checks/NSF's $5.00 each Payment Plan Processing $10 per payment plan Payment Plan Letters $1.08 per letter mailed Courier Services for Banking $200 per month (not applicable if scanning checks to your account or a bank management Agency) Fee Increases: Postal Rate Increase Offset — Fees will increase immediately to offset the amount of any postal increase.Annual CPI Increase—Fees will increase according to the CPI for each 12-month period. 6 DocuSign Certificate Of Completion Envelope Id: E23DF060409F4B74B1386C0419F3F6F0 Status: Completed Subject: Complete with DocuSign:Attachment A Amended and Restated PPA Contract 2021 -Clean Version.docx Source Envelope: Document Pages: 14 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Nathan B.Zweizig AutoNav: Enabled 30940 Hawthorne Blvd. Envelopeld Stamping: Enabled Rancho Palos Verdes, CA 90275 Time Zone: (UTC-08:00)Pacific Time(US&Canada) nathanz@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original Holder: Nathan B.Zweizig Location: DocuSign 10/4/2023 11:40:05 AM nathanz@rpvca.gov Signer Events Signature Timestamp Roberta J. Rosen ,—DocuSigned by Sent: 10/4/2023 1 1:54:49 AM roberta@turbodata.com Pb1U�'Fa J. P)sc)n, Viewed: 10/4/2023 1:20:16 PM �4A5C602369B5489 Security Level: Email,Account Authentication Signed: 10/4/2023 1:23:31 PM (None) Signature Adoption: Pre-selected Style Using IP Address:67.21.44.66 Electronic Record and Signature Disclosure: Accepted: 10/4/2023 1:20:16 PM ID: 9a5813a6-7ea9-4bbc-bcae-d5f1 d92deb20 Elie M. Sleiman ,--DocuSigned by Sent: 10/4/2023 1:23:33 PM elie@turbodata.com fUt, M-- S Ki GUA, Viewed: 10/4/2023 1:26:06 PM `-�;"0636834�19F Security Level: Email,Account Authentication Signed: 10/4/2023 1:26:12 PM (None) Signature Adoption: Pre-selected Style Using IP Address.67.21.44.66 Electronic Record and Signature Disclosure: Accepted: 10/4/2023 1:26:06 PM ID:e8bb78c5-6218-4ea3-88a2-324e4abbf303 John Cruikshank (DocuSigned by Sent: 10/4/2023 1:26:13 PM john.cruikshank@rpvca.gov IOLA, 0/1ASLuAk Viewed: 10/4/2023 2:22:08 PM A866 `--aa66coB0a,4aa Mayor Pro Tem - Signed: 10/4/2023 2:22:30 PM Security Level: Email.Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.119.57,203 Electronic Record and Signature Disclosure: Accepted: 10/4/2023 2:22:08 PM ID:e2ce4f82-9f55-4825-baa0-bf622a9497de In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/4/2023 11:54:49 AM Certified Delivered Security Checked 10/4/2023 2:22:08 PM Signing Complete Security Checked 10/4/2023 2:22:30 PM Completed Security Checked 10/4/2023 2:22:30 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on 6/15/2021 5 55 39 PM Parties agreed to Roberta J Rosen,Elie M Sleiman,John Cruikshank ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Palos Verdes: r You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: terit@rpvca.gov To advise City of Rancho Palos Verdes of your new email address To let us know of a change in your email address where we should send notices arid disclosures electronically to you, you must send an email message to us at terit@rpvca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Palos Verdes To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to terit@rpvca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Palos Verdes To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to terit@rpvca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify City of Rancho Palos Verdes as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Palos Verdes during the course of your relationship with City of Rancho Palos Verdes.