HomeMy WebLinkAbout- - PSA Data Ticket Attachment - 7/6/2010PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of July, 2010 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
DATA TICKET, INC., a California corporation ("Consultant")._
A. WHEREAS, City proposes to have Consultant perform parking citation processing as
described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW; THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
the City's Request for Proposal ("RFP") attached hereto as Exhibit "A" and incorporated herein
by reference and Consultant's Response to City's RFP (the "Response"). A copy of said
Response is attached hereto as Exhibit "B" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect
its performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant's performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above -mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed One Hundred Twenty Five Thousand Dollars
($125,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Response unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but no more often than monthly. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
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3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue
work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
ply.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of two (2) years, ending on July 6, 2012, unless previously terminated as provided herein
or as otherwise agreed to in writing by the parties. City shall have the sole option to extend this
Agreement for three (3) additional one (1) year periods.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
3 Data Ticket Inc. Rev. 06/2010
5.0. INSURANCE
5.1. Minimum Scope and Limits , of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 If any of such policies provide for a deductible or self -insured retention to provide
such coverage, the amount of such deductible or self -insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self -insured retention.
4 Data Ticket, Inc. Rev. 06/2010
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
5 Data Ticket, Inc. Rev. 06/2010
1TWOWGUIMIJAW112"
Data Ticket, Inc.
4600 Campus Drive
Suite 200
Newport Beach, CA 92660
Tel: 949-752-6937
Fax: 949-752-6972
Attn: Marjorie Fleming
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-53 84
Fax: 714-754-5002
Attn: Marty Carver
6.5. Drug -free Workplace Policy. Consultant shall provide a drug -free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"D" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims arising out of or in any way connected with the
intentional or negligent acts, error or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
6 Data Ticket, Inc. Rev. 06/2010
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any Findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.12. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.14. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.15. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the RTP or the Response, such
provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among
the terms and conditions of this Agreement and those of any such provision or provisions so
7 Data Ticket Inc. Rev. 06/2010
incorporated by reference, this Agreement shall govern over both the Response and the RFP and
the Response shall govern over the RFP.
6.16. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.17. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.18. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.19. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.20. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.21. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.22. Severabilit : If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.23. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
8 Data Ticket, Inc. Rev. 06/2010
6.24. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are fonnally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY Or COSTA MESA,
A municipal corporation
Date:
Mayor of the City of Costa Mesa
DATA TICKET, INC.
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex-officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
Date:
C ty AttorAy
9 Data Ticket, Inc. Rev. 46/20W
APPROVED AS TO INSURANCE:
Date: {Q 1 c7
Risk an ment
APPROVED AS TO CONTENT:
Date:
Project Manager
10 Data Ticket, Inc. Rev. 06/2010
EXHIBIT A
CITY'S REQUEST FOR PROPOSAL
11 Data Ticket, Inc. Rev. 06/2010
CITY OF COSTA MESA
77 FAIR DRIVE, P.O. BOX 1200, COSTA MESA, CA 92628-1200
FINANCE DEPARTMENT
PURCHASING
CITY OF COSTA MESA
REQUEST FOR PROPOSALS
FOR PARKING TICKET CITATION PROCESSING SERVICES
PROPOSAL NO. 1136
NOTICE IS HEREBY GIVEN that sealed proposals shall be received by the City of Costa
Mesa to wit: The City of Costa Mesa, City Clerk's Office, P. O. Box 1200, Costa Mesa,
California 92628-1200, on or before the hour of 3:00 p.m. on Thursday, April 8, 2010. It
shall be the responsibility of the offeror to deliver his proposal to the City Clerk by the
announced time. Delivery Location: City of Costa Mesa, City Clerk's Office, 77 Fair
Drive, Room 101, Costa Mesa, California 92626.
A pre -proposal conference will take place at 2:00 p.m. on Thursday, March 18, 2010. A
meeting will be held in Conference Room 1A located at 77 Fair Drive, Costa Mesa,
California, 92626. Offerors should be familiar with the proposal prior to attending the pre -
proposal conference. Attendance at the pre -proposal conference is optional.
Proposals shall be returned to the attention of the City Clerk, within said time limit, in a
sealed envelope identified on the outside with the Offeror's Business Name, Proposal
Item Number, Identify - RFP 1136 Parking Citation Processing Services, and the Due
Date. There will be no public opening of proposals.
The Request for Proposal may be downloaded from the web site at http://www.ci.costa-
mesa.ca.us/departments/CM Purchasing.htm. If you have additional questions, please
contact Debbie Casper, C.P.M., CPPB, Purchasing Supervisor, by telephone (714) 754-
5212 or via e-mail at: dcasper(a)ci.costa-mesa.ca.us.
Dated: March 8, 2010
PHONE: (714) 754-5227 FAX: (714) 754-5040 TDD: (714) 754-5244 www.ci.costa-mesa.ca.us
RFP 1 136 — Parking Citation Processing Services
TABLE OF CONTENTS
SECTION I. PROPOSAL INFORMATION................................................................................
TERM OF AGREEMENT......................................................................................................
PROPOSAL PROCESS........................................................................................................
PRE -PROPOSAL CONFERENCE........................................................................................
DUEDATE............................................................................................................................
OFFERORS QUALIFICATIONS & EXPERIENCE................................................................
ESTIMATED SCHEDULE.....................................................................................................
RFPCHECK LIST.................................................................................................................
DELIVERABLES REQUIRED OF SUCCESSFUL CONTRACTOR ......................................
SECTION II. SCOPE OF WORK/SPECIFICATIONS..............................................................
MUNICIPAL OVERVIEW....................................................................................................
GENERAL INFORMATION...................................................................................................
GENERAL SPECIFICATIONS...................................................................................................
A. REQUIREMENTS........................................................................................................
B. NOTICE TO BEGIN......................................................................................................
C. SYSTEM CONVERSION.............................................................................................
D. CITATIONS..................................................................................................................
PROCESSING TIMELINES...................................................................................
PAYMENT PROCESSING.....................................................................................
CITATION EXTENSIONS......................................................................................
VOIDING AND DISMISSING CITATIONS.............................................................
CORRECTIONS TO CITATIONS...........................................................................
PROCESSING INFORMATION.............................................................................
MANUALLY WRITTEN CITATIONS......................................................................
MANUAL CITATION PICK-UP...............................................................................
CITATIONCOPIES................................................................................................
E. ADMINISTRATIVE REVIEWS AND HEARINGS.........................................................
PROCESSING TIMELINES...................................................................................
F. DMV COMMUNICATIONS...........................................................................................
G. CUSTOM NOTICES AND LETTERS...........................................................................
H. SYSTEM CAPABILITIES.............................................................................................
ONLINE REMOTE ACCESS..................................................................................
PHONENOTES.....................................................................................................
TRANSFER OF INFORMATION............................................................................
HOST COMMUNICATIONS SOFTWARE.............................................................
SYSTEM ADMINISTRATION.................................................................................
REPORTING..........................................................................................................
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RFP 1136 —Parking Citation Processing Services
SYSTEM SECURITYAND BACK-UP PROVISION ...............................................
I. CUSTOMER SERVICE................................................................................................
J. EQUIPMENT & FORM SPECIFICATION....................................................................
HAND HELD CITATION WRITING UNITS............................................................
CITATION PRINTER UNITS..................................................................................
AUTOMATED CITATIONS.....................................................................................
AUTOMATED CITATIONS — SOFTWARE............................................................
WARRANTY AND MAINTENANCE.......................................................................
K. COMPENSATION........................................................................................................
CITATION PROCESSING......................................................................................
ADMINISTRATIVE HEARING................................................................................
OUT OF STATE CITATIONS.................................................................................
OTHERCOSTS.....................................................................................................
BILLING..................................................................................................................
PAYMENT REDUCTION........................................................................................
SECTION III. GENERAL INSTRUCTIONS TO OFFERORS .....................................................
SECTION IV. GENERAL TERMS AND CONDITIONS.............................................................
STANDARD CONDITIONS...................................................................................................
SECTION V. EVALUATION OF PROPOSALS AND NEGOTIATIONS ....................................
Methodof Approach..............................................................................................................
Technical Requirements.......................................................................................................
Qualifications & Experience..................................................................................................
ProposedCosts.....................................................................................................................
ADDITIONAL INFORMATION ABOUT THE EVALUATION PROCESS ..............................
A. Shortlist.....................................................................................................................
B. Interviews/Demonstrations........................................................................................
C. Additional Investigations............................................................................................
D. Prior Experience........................................................................................................
E. Overall Evaluation of the Proposal Response...........................................................
F. Post -Proposal Discussions with Offerors..................................................................
SECTION VI. OFFEROR'S PROPOSAL RESPONSE REQUIREMENTS ................................
OFFERORS INFORMATION................................................................................................
REFERENCES......................................................................................................................
PROPOSALQUESTIONS....................................................................................................
SECTION VII. OFFER/COST PROPOSAL................................................................................
ATTACHMENT A Council Policy — Drug -free Workplace..........................................................
ATTACHMENT B Sample Professional Service Agreement.....................................................
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RFP 1 136 — Parking Citation Processing Services
RFP 1136 - FOR PARKING CITATION PROCESSING SERVICES
SECTION I — PROPOSAL INFORMATION
The City of Costa Mesa seeks the submittal of sealed proposals from qualified firms
providing municipal parking citation processing, payment services, and handheld ticket
issuance units available for lease and/or purchase.
The successful proposal will be one that demonstrates the requisite technical proficiency,
ability to provide a seamless transition and a willingness to work closely with parking
services staff and the community we serve. Sealed proposals will be accepted up to the
date and time stated herein. Proposals must be prepared in conformance with the
instructions provided.
Only those firms with verifiable experience in municipal parking citation processing and
payment services will be considered during this proposal process. The ideal solution will
be a complete package including citation issuance, processing, collection, reporting,
software, hardware and annual software and equipment maintenance and consumable
supplies.
Term of Agreement
The initial term of the agreement shall be two (2) years. This contract will commence on
the date the agreement is approved and awarded by City Council.
The City solely reserves the right to renew the agreement for three (3) additional one (1)
year periods unless notice of non -renewal is given by the City to the Contractor prior to
the end of the contract period in which the City wishes to terminate the agreement. The
Contractor shall be notified in writing of the City's intention to extend the Contract term at
least sixty (60) calendar days prior to the expiration of the Contract.
The Contractor may apply for a cost adjustment when notified in writing of the City's
intention to extend the Contract term in the third (3rd), fourth (4th) and fifth (5th) years. In
order for the rate adjustment to be considered by the City, the Contractor shall be in full
compliance with all of the performance standards as established by this Contract. The
rate may be adjusted by the Contractor as provided herein solely on the basis of the
change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los
Angeles, Riverside, Orange County, provided, however, that those adjustments in rates
based solely on the change in CPI-U will not exceed five (5) percent per annum. The
Contractor assumes all risks associated with increased costs of service not reflected in
the rate adjustments. The Contractor shall use the CPI-U for the most recent twelve
month period prior to the contract's anniversary date to determine the percentage change
in the rate to take effect.
Proposal Process
To be considered responsive, offerors must respond to this solicitation in accordance with
the requirements, specifications, commercial terms, and provisions as described and set
forth herein. Proposals must embrace a concept that the successful offeror will satisfy all
of the objectives and service specifications outlined in this document.
Pre -Proposal Conference
An optional pre -proposal meeting is scheduled on Thursday, March 18, 2010 at 2:00
p.m. at Costa Mesa City Hall 77 Fair Drive Conference Room 1A, Costa Mesa, California
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RFP 1 136 — Parking Citation Processing Services
92626. This informational meeting will be held to allow for questions and clarifications
concerning the City's RFP process and subsequent contract award. Offerors should be
familiar with the proposal prior to attending the pre -proposal conference.
Due Date
Closing time and date: Proposals are due by 3:00 p.m. on Thursday, April 8, 2010.
One original (marked original) and three (3) copies (marked copy) of the proposal must
be submitted in sealed envelope marked RFP #1136 and submitted to the following
address:
Delivery Address: Mailing Address:
City of Costa Mesa City of Costa Mesa
Attn: City Clerk's Office Attn: City Clerk's Office
77 Fair Drive, 1 st Floor - Room 100 P.O. Box 1200
Costa Mesa, CA 92626 Costa Mesa, CA 92628-1200
Any Offeror who wishes his/her proposal to be considered is responsible for making
certain that the proposal is received in the City Clerk's Office by the announced time. No
oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be
considered unless specified. Proposals received after the scheduled submittal deadline
will be returned unopened. Proposals must bear original signatures. Please note that
there will be no public opening of proposals. Proposal information shall not be made
public until the proposal is awarded. At that time the executed contract will become
public information. Please direct any questions regarding this proposal to Debbie Casper,
C.P.M., CPPB, Purchasing Supervisor, via telephone (714) 754-5212 or e-mail:
dcasper(a)ci.costa-mesa.ca.us.
Proposals must be valid for a period of ninety (90) days from the due date. Proposals
may not be withdrawn after the submission date.
The City of Costa Mesa reserves the right to negotiate with any offeror(s) as necessary to
serve the best interest of the City of Costa Mesa and negotiate the final contract with the
most responsive, responsible offeror. The City reserves the right to waive, at its
discretion, any irregularity or informality, which the City deems correctable or otherwise
not warranting rejection of the RFP. The City reserves the right to reject any and all
proposals and to accept any proposal or portion thereof. No obligation, either expressed
or implied, exists on the part of the City of Costa Mesa to make an award or to pay any
costs incurred in the preparation or submission of a proposal. All costs associated with
the preparation or submission of proposals covered by this RFP, are solely the
responsibility of the offerors.
By submitting an offer, the offeror acknowledges an understanding of the rules as defined
in this RFP. Compliance with all of the terms and conditions of the agreement is
mandatory for companies providing services to the City of Costa Mesa.
In case of default by the contractor, the City of Costa Mesa may procure the services
from other sources and may deduct from any monies due, or that may thereafter become
due to the contractor, the difference between the price named in the contract or purchase
order and the actual cost thereof to the City of Costa Mesa. All prices and proposals
must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may
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RFP 1 136 — Parking Citation Processing Services
be crossed out and corrections inserted adjacent thereto and must be initialed in ink by
person signing the proposal. All proposals must be signed with the firm's name and by an
authorized responsible officer or employee. Obligations assumed by such signature must
be fulfilled.
Offerors' Qualifications/Experience
Offers will be accepted only from Contractors who have significant experience in
providing the parking citation processing services specified herein. A statement of
qualification of the firm and a description of the company history and financial capability is
required. Proposals must include definitive information regarding the experience and
qualifications of the proposing firm.
Estimated Schedule
Proposal E-Mailing Date ......................... March 9, 2010
Pre -Proposal Meeting ............................ March 18, 2010 @ 2:00 p.m.
Proposals Due ........................................ April 8, 2010 @ 3:00 p.m.
Award (Tentative) ................................... May 2010
RFP Check List
The following information is required to be submitted as part of the Offeror's proposal
package. All forms are required to be neatly and completely filled out. The intent is to
award a contract to the contractor that scores the highest in the RFP evaluation process
and will best meet the needs of the City. Please provide your response to all the
information requested in this RFP so that your company can be assessed to your best
advantage.
❑ One (1) original response plus three (3) copies of the entire proposal
❑ Cover Letter, Statement of Qualification, company history & financial capability
❑ Detailed written work plan
❑ Response to Section II: Scope of Work/Specifications (Pages 7-24)
❑ Section VI: Offeror's Proposal Response Requirements (Pages 40-43)
❑ Section VI: Offer/Price Proposal (Pages 44-48)
❑ Samples of all forms, notices, letters, etc.
Deliverables Required of Successful Contractor
The successful Contractor shall submit the following items to the Purchasing Supervisor
or designee within ten (10) days of initiation of the contract award:
A. City of Costa Mesa business license;
B. Copy of Certificate of Insurance which shows compliance with the attached
requirements and naming the City of Costa Mesa as an additional insured (see
pages 28-31 for detailed insurance requirements).
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RFP 1 136 — Parking Citation Processing Services
C. Enter into a Professional Services Agreement (PSA) with the City of Costa Mesa.
The PSA will be submitted to City Council for approval with the award of the
contract.
SECTION II: SCOPE OF WORK/SPECIFICATIONS
The purpose of this RFP is to establish a contract that will provide an integrated software,
hardware and service solution to municipal parking citation and payment processing. The
preferred solution will include hand-held computers for ticket issuance and data
download, real-time, online access by public safety officers, and finance staff to citation
information and a user-friendly reporting structure. The program must also accept and
support hand-written citation forms. The objectives of the City are to secure a quality firm
with sufficient capabilities and experience to assist the City in maximizing its parking
citation collection program. The City welcomes vendors to provide additional information
on optional services for consideration. The City will determine the best solution to meet
the requirements of the City.
Municipal Overview
The City of Costa Mesa is located in central Orange County and encompasses 16.8
square miles. It is bordered by the cities of Santa Ana, Newport Beach, Huntington
Beach, Fountain Valley, and Irvine. The current population is 113,805 and there are
currently 162 sworn police officers.
The Costa Mesa Police Department issues approximately 26,000 tickets per year.
Parking citations are currently sent to Data Ticket for processing. The City leases four
hand-held ticket writers for issuing electronic tickets. In 2009, there were 16,074 tickets
issued electronically. Tickets are also issued via manual ticket books and the information
is manually entered into the system. In 2009, there were 9,745 handwritten citations
issued.
General Information
The City of Costa Mesa is requesting that offerors coordinate efforts with the City of
Costa Mesa Police Department, Costa Mesa Finance Department, Orange County Court
System and other governmental agencies, such as the DMV. The offeror will be
expected to work closely with the Traffic Division of the Police Department and the
Finance Department to ensure compatibility and uniformity.
Services shall include, but may not be limited to:
• Inputting hard copy citations, and maintaining citation information.
• Obtaining registered owner information — Online, daily.
• Sending notices of delinquent parking violation to registered owners.
• Placing registration holds through the Department of Motor Vehicles (DMV).
• Acceptance of credit card or check payments. The system should allow web -
based and telephone payments in addition to mail -in payments. Payment
made by credit card should update the database in real time.
• Providing an installment/partial payment plan for parking citation payment.
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RFP 1 136 — Parking Citation Processing Services
• Providing citation information to complainants.
• Edit capability within the City to correct dates, violation codes, and fine
amounts and duplicate citations.
• Maintaining phone notes accessible to the City for problem callers.
• Providing notes that can be maintained for both the City and contractor to view
and edit.
• Updating citation information to reflect changes in disposition, and keeping
notes as needed.
• Providing daily courier service from the Contractor's office to and from the City.
• Providing Web access - Remote Data Entry — for the City.
• Providing daily reports for automated citations.
• Providing monthly and annual reports with access to the reports over the Web.
• Supplying equipment and supplies for automated citations.
• Supplying training and providing reference materials for equipment/systems to
the City as required.
• Contractor shall be capable of allowing the public to search for information via
the Internet. City shall provide specifications regarding information for the
public.
• Contractor shall be cable of accepting hotlink from the City's home page
allowing public access.
• Providing adequate system security and back-up provisions.
• Call recording on all inbound and outbound customer service calls that can be
accessed by city staff via the internet.
Proposals should be based upon an average of approximately 26,000 citations per year.
GENERAL SPECIFICATIONS
A. REQUIREMENTS
Contractor shall meet all requirements of the specifications contained herein, as well as
all legislated mandates by the State of California, California Vehicle Code (CVC) and the
City.
Contractor shall have on-line computer interface with the California DMV that is able to
obtain registered owner information and place registration holds within 24 hours.
Contractor shall interface with the motor vehicle departments of all other states that shall
provide registered owner information to parking citation management contractors.
Contractor shall regularly communicate with the Transportation Ministries in Canada and
Mexico that permit registration and name acquisition.
Contractor shall be responsible for any and all fees associated with obtaining registered
owner information from the California DMV, and the motor vehicle departments of other
states.
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RFP 1 136 — Parking Citation Processing Services
Contractor's system shall be able to accommodate a minimum of two increases in fees
for delinquent citations to allow for administrative fees and costs.
City shall reserve the right to approve or disapprove all aspects of service, forms, reports,
and other documents associated with the parking citation management system.
Contractor shall provide Remote Access to multiple City workstations via the Internet
using a web browser.
Contractor shall provide monthly reports in a PDF Format and have the reports available
for access over the Internet using a web browser.
Contractor shall provide training for City representatives at no cost in the operation of all
equipment provided, including but not limited to the operation of the software and all
remote features.
Contractor shall immediately notify the City's designated representative(s) by telephone,
email, in person, or by fax of any processing or procedural problems that may occur.
B. NOTICE TO BEGIN
Contractor shall be able to assume complete responsibility for the parking citation
management system no later than thirty -days (30) after the effective date of the
agreement.
C. SYSTEM CONVERSION
The System Conversion shall consist of all data currently in process for the citation
processing, including but not limited to:
• Open Citations
• Closed Citations — Minimum of 24 months history
The data will be provided in an ASCII format and will include a record format.
Offeror shall identify the system that will be utilized for the parking citation management
system, including hardware and software specifications.
Offeror shall provide detailed conversion time -lines, including the minimum, maximum
and most likely conversion scenarios.
Contractor shall successfully implement the parking citation management system within
thirty -days (30) of "Notice to Begin" or receipt of existing database, or forfeit one-time
conversion charge if applicable.
D. CITATIONS
PROCESSING TIMELINES
City shall automatically transmit automated citations on a daily basis. Contractor's
computer system shall accept and update citation database on a daily basis, as
information is transmitted. Contractor will be responsible for any or all formatting required
for transmitting data from automated ticket writers.
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RFP 1 136 —Parking Citation Proccssing Services
The transfer of information process shall down -load citation information from personal
computer and/or handheld units, and up -load personal computers and handheld units
with an updated list of habitual offenders.
Written procedures for the upload and download of files to and from the Contractor's
computer system shall be supplied to designated departmental representatives.
Procedures should incorporate the simplest methods possible and should utilize a menu
driven format for ease of use.
Contractor shall process all manually written citations within forty-eight (48) business
hours of transmittal from the date of receipt.
Contractor shall mail in -state notices of delinquent parking violation within twenty-one (21)
calendar days, and no later than thirty-two (32) calendar days after the date of citation
issuance, for all citations the Contractor has been able to obtain registered owner
information. Contractor shall provide a monthly report of the notices that have been
mailed to registered owner. The number of days from issued to notice may change as
determined by the City. Notices of delinquent parking violation shall include four (4) to six
(6) lines of custom text for a special message if needed.
Contractor shall provide monthly reports of all registered owner inquiries that have been
rejected by the DMV.
Contractor shall mail out-of-state notices of delinquent parking violation within seven (7)
working days of receipt of registered owner information from other states.
Contractor shall attempt to place an on-line registration hold through the California DMV
for each citation that has not been paid after fourteen (14) days. Grace periods may be
added by the City as needed to automatically allow for payments processed by the City.
Registration holds shall be placed through the DMV on a daily basis. These time
schedules may change as determined by the City.
The City reserves the right to change the timeframe for mailing notices of delinquent
parking violation and for placing registration holds at anytime during the term of the
agreement. The City shall give the Contractor a minimum of one (1) day prior verbal
notice.
PAYMENT PROCESSING
Contractor will provide a separate Post Office Box for the City where payments,
administrative review correspondence, and other documents are to be mailed.
Contractor is to pick up the mail from the post office at least once per day, and sort and
batch all incoming mail by postmark date for payment posting.
Contractor will enter and process all payments received within one (1) business day. This
includes opening all mail received, verifying payment amounts, updating computer
system and making daily bank deposits into the City's bank account. The Contractor will
conduct daily reconciliation of all payments entered with bank deposits and provide daily
reporting of bank deposits made for the City to the Treasury Division. Filing and storing
of all source documents in an easy retrievable system is also a requirement.
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Contractor is to track rebilling on partial payments, checks returned for insufficient funds
upon notification from the City, vehicle change of ownership, and leased vehicle
information.
Contractor will provide for payment by credit card (Visa and MasterCard) and be capable
of securing authorization from the banking institution. Payments made by credit card are
to be immediately updated in the database in real time. In addition, the Contract should
have the capability of receiving payments via an automated telephone system and online
via the internet.
Reporting must be available to the City as needed or requested to balance the daily
totals. Monthly management reports and statistical summaries of activity for the period,
together with supporting detail, must be delivered by the 7th day of the month or as
specified by the requirements of the City.
The parking citation management system shall allow access to the City at multiple City
workstations via remote access to the Internet using a web browser. The security
clearance to update citation data shall be limited by password, as authorized by
designated departmental representatives. Each transaction should be able to be traced
back to the designated person. All transactions should have a real-time on-line payment
processing capability.
Payments must be able to be processed in advance of the citation. In these cases, the
data from the citation should be updated when it is available.
Contractor shall provide a method for handling administrative fines for handicap violations
as detailed in CVC 40226.
CITATION EXTENSIONS
The City shall have the ability to remotely enter a new payment due date. The City may
request for the Contractor to extend the citation with a new due date. No further
processing will take place until this due date has expired. The process should be an
automatic function that does not require user interface.
VOIDING AND DISMISSING CITATIONS
The City reserves the sole authority and responsibility for voiding/dismissing citations.
Contractor shall be responsible for inputting all voided/dismissed citation dispositions not
entered by the City.
Authorized City representatives may submit a form listing citations that have been voided
or dismissed. Contractor shall change the disposition code for automated citations within
twenty-four (24) hours from data transmittal and manual citations within forty-eight (48)
hours of receipt from the City.
The parking citation management system shall allow voided/dismissed citations to be
entered by the City via remote access using the Internet. The security clearance to
void/dismiss a citation shall be limited by password, as authorized by designated
departmental representatives. Each transaction should be able to be traced back to the
designated person. All voids should have the ability to have a reason code and
comments that will provide City with later research.
RFP 1 136 — Parking Citation Processing Services
Contractor shall provide a monthly report of citations voided/dismissed in the system, by
Officer or User Name.
CORRECTIONS TO CITATIONS
Contractor must be willing to make corrections to citations and continue processing the
citation. This would include getting the new registered owner information and generating
another delinquent notice.
PROCESSING INFORMATION
Contractor shall be willing and able to provide details on methods used to process
citations, which include, but may not be limited to, citation collection, data entry, data
validation, registered owner inquiry, notice of delinquent parking violation generation,
DMV notification, citation disposition and customer support.
MANUALLY WRITTEN CITATIONS
Contractor shall be willing and able to provide processing for approximately 10,000
handwritten citations per year. City shall provide manual citations.
Manually written citation information shall be keypunched by the Contractor into the
parking citation management system within forty-eight (48) hours, after which processing
shall be identical to that of automated citations.
The City shall have the ability to produce a citation simulation of manually written citations
from a local computer.
MANUAL CITATION PICK-UP
Contractor shall pick-up copies of manual citations and payment receipt information every
working day between the hours of 8:00 a.m. and 5:00 p.m. from the following address:
City of Costa Mesa Police Department, 99 Fair Drive, Costa Mesa, CA 92626.
CITATION COPIES
Handwritten citation copies shall be stored by the Contractor for one (1) year after date of
issuance, after which all copies shall be returned to the City.
Copies of the citation data should be available on-line and capable of being produced at
each department location.
E. ADMINISTRATIVE REVIEWS AND HEARINGS
Contractor shall process requests for initial/administrative review hearings immediately
upon receipt from the City. Upon receipt from the City, Contractor shall immediately
update the citation disposition from the review to the parking management system.
Contractor shall track each step of the initial/administrative review and hearing process
including dates, disposition code, reason code, and hearing officer determination.
System must be integrated with parking citation issuance and processing system. The
Contractor must provide service that will result in the following for each correspondence:
a) Schedule Administrative hearings and forward said schedule to the City
b) Print and mail (by first class mail) customized hearing notification letters for the
City
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RFP 1 136 — Parking Citation Processing Services
c) Respond to inquiries for the City and the public regarding date of hearing,
mailing date, location of hearing and directions to hearing location
d) Re -send letters should location/room or date changes be necessary
e) Contractor will provide the Hearing Officer. The Hearing Officer will forward
results of Administrative Hearing to the City and the Vendor
f) Letters regarding the results of the Administrative Hearings will be mailed by the
Contractor
g) When a refund is appropriate, the Contractor shall provide information to the
City. The City will issue the refund
h) Provide monthly report of review results by citation number
Contractor shall enter payments, voids, disposition from hearings (including reason for
the disposition), review/hearing officer reduction of penalties, and any comments
necessary to review the disposition on-line within forty-eight (48) hours.
PROCESSING TIMELINES
Contractor shall immediately, upon receipt from the City, process and update requests for
Administrative Review (Step I — III) to the parking citation management system.
Contractor shall update within twenty-four (24) hours of transmittal, voided/dismissed
citations for automated citations to the parking citation management system. Manual
voided/dismissed citations shall be updated to the parking citation management system
within twenty-four (24) hours of receipt from the City's authorized representative(s).
Contractor shall provide reports and/or procedures that may be used by the City to audit
the processing of citations to ensure that the work is being performed within the
guidelines and timelines of these specifications. Contractor shall provide an outline of
procedures for actual citation processing timelines that may be audited in the bid
proposal.
Contractor shall deliver all monthly reports in a PDF format to be accessed on the Internet
through a web browser. This data should be available by the 7th day of the following
month — but should not be later than the tenth (10th) day.
Contractor shall respond by telephone, fax or in writing to any inquires and/or requests for
special reports within forty-eight (48) hours.
Contractor shall contact designated department representative immediately of any
change or implementation of any software changes or modifications that shall impact the
administration of, or the availability of access to, the City's database of parking citation
information.
F. DMV COMMUNICATIONS
Contractor shall have the ability to inquiry through on-line access to DMV. Contractor
should have the ability to place registration holds and releases on-line with DMV on a
daily basis. The timetable to establish a registration hold at DMV should be at the
discretion of the City.
Contractor shall notify and correct DMV files if amount of penalty on hold at DMV has
changed without additional charges to the City.
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RFP 1 136 — Parking Citation Processing Services
G. CUSTOM NOTICES AND LETTERS
Notices of Delinquent Parking Violation shall be printed on a laser printer. Notices shall
not be generated on snap -out forms without carbon insert, or carbonless multiple -part
paper stock.
Notices shall include all citation information with the exception of any comments.
Notices of delinquent parking violation shall include four (4) to six (6) lines of custom text
for a special message if needed. Notices shall give a toll free telephone number for
violation inquires and shall give web address for violation inquiries.
The Contractor shall provide the necessary postage, correspondence, and ability to track
forms to meet all applicable State and local laws regarding citation processing and
adjudication. The City will provide all manual citation forms, unless otherwise agreed.
All notices and letters must be formatted using Custom #10 window envelopes with the
City's return address. The interior #9 also customized with the City's address that is post
net bar-coded with FIM per the U.S. Postal Service requirements.
Contractor shall generate Delinquent Notices for unpaid accounts in a timeframe
acceptable to the City.
The notices sent out due to bank returned/unpaid checks, shall state the amount of
original penalty, delinquent amount, and the appropriate returned check fee per the City's
adopted resolution. Samples of all forms, notices, letters, etc. must accompany the
proposal.
H. SYSTEM CAPABILITIES
ONLINE REMOTE ACCESS
Remote access for multiple City workstations must be available using a standard PC.
Operating and or software costs must be included. Access to the database must be
available over the Internet using a web -based system, using Internet Explorer.
Contractor should detail the Internet connection in their proposal.
Access to the data must be accessible by citation number, vehicle license number, name,
or VIN (Vehicle Identification Number) and provide:
1. All citation information, including the VIN,
2. Current status of the citation,
3. DMV inquiry date, hold, and release information and dates,
4. Delinquent notice information, registered owner, due date, mailing
date, and make of vehicle as provided by DMV.
5. Administrative review, hearing court appeals and disposition
information,
6. Payment information includes all dates and amounts,
7. Registered owner information, including the VIN number and any
additional names if previously owned and cited,
8. Phone notes, including operator identification.
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RFP 1 136 — Parking Citation Processing Services
The City will have the ability to enter remotely:
1. Voids with Reason Codes,
2. Dismissals with Reason Codes,
3. Letter data and ability to add custom notes or edit,
4. Extensions with Extension Date,
5. Promissory Notes with Extensions Dates,
6. Review and Hearing updates, including notes or comments,
7. Review and Hearing Dispositions, including notes or comments,
8. Citation Data Corrections,
9. Phone notes (to be shared with the City and Contractor),
10. License Plate Corrections and, Violation changes.
PHONE NOTES
Contractor shall keep phone notes on all troubled calls for later reference and follow-up
for the City.
Contractor must allow the City access to the phone notes via remote Internet access
using a web browser. City should have the ability to add phone notes remotely via
Internet access using a web browser.
Phone notes should include the date, operator, reason for notes and any comments
made by the operator. The system should have the ability to add multiple phone notes
per citation.
Contractor must have call recording on all inbound and outbound customer service calls
and must be accessible by city staff within 24 hours of the call via internet.
TRANSFER OF INFORMATION
The Contractor shall initiate transfer of information on a daily basis using an HTTP and
with minimal assistance of City Staff.
The transfer of information process shall down -load citation information from personal
computers and/or handheld units, and up -load personal computers and hand-held units
with an updated list of habitual offenders and new tables lists.
HOST COMMUNICATIONS SOFTWARE
a. Upload/download will occur, over the Internet using HTTP, unattended,
b. Upload/download will occur to host system from multiple locations,
c. Management reports will track integrity of upload and download, and
d. Management reports will provide listings and counts of citations, voids.
SYSTEM ADMINISTRATION
At least two (2) levels of security shall be available for system administration vs. field
personnel.
Uploaded citation files shall be backed up daily on host communication software.
REPORTING
The City reserves the right to approve or disapprove any and all report format(s).
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RFP 1 136 — Parking Citation Processing Services
Contractor shall provide reports with any and all information as requested by the City.
Monthly reports shall be in a PDF format assessable via the Internet using a web -based
system. The reports are due by the 7th of the month, and delivery or availability should
be no later than the tenth (10th) calendar day of each month.
Contractor shall keep the monthly reports on the web site for a period not less than two
years. All reports must be available to the City at any time.
Contractor shall demonstrate the existence of, or the ability to create the required reports
by providing two (2) consecutive months of sample reports from existing accounts with
the bid proposal and provide them via e-mail or to a ftp site for viewing.
Citation revenues reported shall represent actual fines collected, not the face value of
citations.
Contractor shall provide daily batch totals, and a daily grand total of the previous day's
receipts to the City's Collection office on a daily basis.
The City reserves the right to request additional reports on an as needed basis within
forty-eight (48) hours.
Contractor shall be responsible for correcting all system malfunctions and errors
attributable to the contractor at no cost to the City.
SYSTEM SECURITY AND BACK-UP PROVISION
Contractor shall maintain parking citation management system database and physical
system security in such a way as to provide complete confidentiality and protection from
unwanted access. Contractor should define the web security used for access, reports
and Credit Card processing.
Contractor shall make multiple back up files throughout the day. Contractor shall state
the efforts taken to protect the data in the event a recovery process is required. At least
one (1) of the back-up tapes shall be stored in an "off -site" location to insure protection of
the City's vested interest.
I. CUSTOMER SERVICE
Contractor is responsible for responding to all inquires and initial complaints regarding the
status or disposition of citations, vehicle registration, etc.
Contractor shall provide a toll -free telephone number accessible in and out of state for
citation inquires.
The Contractor must provide Interactive Real-time Voice Response for all inquiries.
Contractor must provide the details of how the system functions and provide details on
instructions provided to the caller, such as: payment instructions, contesting and other
information that is unique to the City.
Operator assistance must be provided by Contractor shall be from 8:00 a.m. to 5:00 p.m.
Monday through Friday PST, except City holidays.
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Contractor shall be able to provide current information regarding the status of citations
within one (1) working day of issuance for automated citations, two (2) working days of
issuance for manually written citations; three (3) working days of payment for all citations;
and three (3) working days of DMV holds for all citations.
Contractor shall immediately refer unresolved complaints by documenting the problem in
phone notes and providing the name and telephone number of the designated
departmental representative.
The City shall have the ability to log onto the Contractor's server and see/read the City's
data. This inquiry shall be real-time data and the log -on will be performed using the
Internet accessible through a web browser for inquiry and allow for multiple City users.
The inquiry capability shall include search by: license plate, citation number, registered
owner and VIN. Available data shall include: history of citation listing, date of occurrence
order, details of Administrative Reviews and hearings (including date and time of
occurrence), review of hearing officer, reason for disposition, fees paid or fee waiver
accepted and reactivation date (if applicable).
Citation simulation option shall be available. This function will allow the City to reproduce
and print a simulation of the citation.
Payment detail shall be available. This function will provide the following: payment date,
applied date (month data was applied for reporting), where payment was made (agency
or DMV), amount paid, partial payment amount and date, notes capability, returned check
date and amount and reason of returned check.
A notice function shall be provided. This function shall provide the City with the ability to
view the information created for the delinquent notice and reproduce the notice if
necessary.
A correspondence function shall be provided. This function will provide the City with the
ability to inquire as to any phone notes maintained to the citation.
Registered owner information function shall enable the City to view the registered owner
provided by the DMV and if there have been changes to the registered owner to
determine who or why the change was made. For example, the name changed from a
rental car agency or the City changed the address.
The extension date function will allow the City to inquire if any extensions were granted
for due dates.
Contractor customer service staff must be able to provide a violator caller the following
information: payment information, contesting instructions, location for walk-in payment,
returned check information, refund information and extension dates.
J. EQUIPMENT & FORM SPECIFICATIONS
Contractor must provide for the handheld ticket writers:
1. Hardware, including, handheld computers, spares and supplies.
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RFP 1 136 —Parking Citation Proccssing Services
2. Equipment to support the upload/download processing and battery
recharging.
3. Any additional hardware required for operation of the handheld system
and units.
4. Application software, including:
a. Parking citation software that operates on the handheld ticket
devices.
b. Any application software needed for the upload and download
process.
5. Supplies for the handhelds, supplied by the vendor:
a. Paper — The paper shall be a minimum of twenty pound (20#) weight.
All automated citations must be the standard size and meet the
requirements for the type of printer proposed.
b. Envelopes — Contractor shall be required to provide payment
envelopes to be provided to the violator with the citation. One
envelope for each citation written. The envelopes shall be pre-printed
with the payment location address. Envelopes should be a bright
color in order for the citation to stand out on the violator's windshield.
C. Weather Resistant Bags — Contractor shall be required to provide
weather resistant bags to be utilized with the citation in inclement
weather. The bags should be big enough to hold an unfolded citation
and envelope. Contractor may quote an alternate method for
generating weather resistant citations and envelopes.
6. Software for handhelds should include a "Site License" to allow for future
expansions within the City at no additional cost for the software.
7. Technical and user documentation or instructions.
8. Installation of the software and application -specific hardware at the City.
9. Systems integration support, specifically with the citation processing
software or service provider.
10. Technical and end -user training, Contractor shall provide adequate
training for all hardware and software and reference manuals for all
hardware and software.
11. Support for system, syncing process, transfer process integration and
acceptance testing.
12. Technical Support and trouble -shooting.
13. Follow-up maintenance and user support for the handhelds and associated
hardware and software.
14. Contractor shall be responsible for supplying any hardware, software
and/or technical expertise or requirements necessary.
Contractor's equipment shall be able to accept an ASCII flat file to electronically
update the database. Contractor shall be responsible for supplying any hardware,
software and/or technical expertise or requirements necessary to make this update
process work.
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RFP 1 136 — Parking Citation Processing Services
Access to Contractor's computer system should be limited by passwords and
secured against unwanted access. Passwords shall be able to grant varying levels
of access to the Contractor's computer system, and shall be able to limit the ability
to inquire and change citation information.
Contractor shall be responsible for the maintenance and repair of all leased
equipment. Contractor agrees to repair or replace equipment that is not
functioning properly within two (2) business days of notification.
Handheld ticket writing units, and personal computers, printers and modems (if
applicable) shall be installed and ready for operation within thirty (30) days of the
contract award date. The system conversion process should not hold up
equipment and installation.
Contractor shall provide an outline of provisions for system failure in the proposal.
Contractor shall provide equipment that shall meet or exceed the following
specifications:
HAND HELD CITATION WRITING UNITS
Contractor shall provide the City with four (4) hand-held citation -writing units, small
and easy to use. The handheld computers shall meet the following minimum
technical requirements:
• Each unit to be a one-piece, self contained unit with a built -in -thermal printer
• Weigh less than 12 ounces
• Readable and usable in all weather conditions
• Drop durability of 1.2 meters
• Operating temperature of -4°F to 122°F.
• Complies with the IP54 rating for dust and water -splash protection
• No loss of data while transferring data from handheld to server
• Photo taking capability to record violations and associate the photo with the
citation issued
• Customizable programming
Handheld ticket -writing units shall be programmable and shall be able to
produce citations that meet the format requested by the City and must meet at
least the following:
a) Support industry standard data fields such as license number, VIN, etc.,
b) Include a Four Digit VIN Field,
c) License number is the first information entered in issuing a citation
d) Drop down lists when possible, including a full bail table with codes and
descriptions,
e) Support pre -defined comment codes and free -form comments,
f) Supports standard location codes, descriptions,
g) Meter number,
h) Up to three violations per citation,
i) Laptop version of the citation writing software, printable to an O'Neal 4"
Microline Printer,
j) Citations can be reprinted.
• Operating system should be Windows Pocket PC or equal
RFP 1 136 — Parking Citation Processing Services
• Display should be at least 3.5 inch color touch screen
• The ticket writer must include a real time clock that displays time in hours,
minutes, seconds, date should be displayed in day, month and year
• Each unit must be capable of sound recordings as part of the software package
• The ticket writer must have an alarm that warns user of "battery low"
withsufficient time to remedy the problem.
• Communication should be (via USB) RS232 serial for connection to PC
CITATION PRINTER UNITS
• Weigh less than 12 ounces
• Thermal printer
• Communication and interface capabilities should be RS-232 8PIN DIN
connector Serial port, selectable baud rate 9600 to 115.2 kbps, Xon/Xoff, and
Bluetooth capability
• All automated citations must be standard size and meet the requirements for
the type of printer proposed
• Citations shall fit unfolded into an envelope accepted by the U.S. Postal
Service for first class delivery requirements
• Printer should have capacity to hold up to 100 tickets
• Printer should attach to the ticket writer without the use of cables
• Both printer & ticket writer should charge together as a single unit using only
one electrical plug
• The unit must have power sufficient for a nine (9) hour shift
• Citations should print instantaneously
Each unit shall be capable of daily downloading to the Parking Citation
Management System and ultimately to the contractor's computer system via the
Internet without or little assistance from the City.
Units shall be capable of storing and displaying information, including a listing of
habitual offenders and additional license plates with information pertaining to them.
The units shall have drop down lists wherever applicable, with complete City
control of these lists.
All lists shall be up -loaded from Contractor's database; other tables may include
violation codes and fines; street names; vehicle makes, models and colors; officer,
route information and remarks.
Contractor shall program handheld units in a manner acceptable to the City.
Programming shall include, but may not be limited to violation codes and fines,
street names, vehicle makes, models and colors, officer information, route
information and remarks.
All personal computers shall be able to interface with Contractor's computer
system via the Internet. All computers shall be able to interface with handheld
ticket writing units by connection as well.
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RFP 1 136 —Parking Citation Proccssing Services
In lieu of maintaining the entire database on each user department hard drive,
each personal computer shall be equipped with all hardware and software needed
to access the Contractor's computer system for inquiry purposes.
The Contractor's computer system shall allow the City to search the system for
citation records by citation number, license plate number or registered owner's
name.
The printers supplied by the contractor shall be laser quality, high-speed, state-of-
the-art models compatible with the personal computers. Printers will be able to
perform screen prints of the information provided by the contractor via the Internet.
Contractor is responsible for providing software that enables those Personal
Computers supplied by Contractor to produce screen prints of specific information
such as citation number, amount due, amount paid, license/VIN, violation, location
of violation, date of citation, registered owner, due date including a history of
vehicle license. This does not include other information such as graphics or
screen user layout as specified by the City.
Computers will be equipped with software capable of producing officer productivity
reports and updating and modifying information contained in handheld units (i.e.,
fines, officer data, violation codes and street names).
The Contractor will be responsible for all personal computer training for each user
department. The costs to provide software that communicates to the host system
for inquiries shall be provided by the Contractor.
Equipment shall be capable of calculating a check digit routine and printing citation
number and OCR scan line on the citation or a bar code as specified by City.
AUTOMATED CITATIONS
Contractor shall provide handheld citation writing units for lease or purchase,
charging racks lease or purchase, and automated citation forms, envelopes, and
weather resistant bags. Handheld ticket writing units will be programmable and
will be able to produce citations that meet the format and layout requirements
provided.
Handheld units shall generate citations on partially pre -preprinted, forms that can
easily be fed through.
All automated citations must be the standard size and meet the requirements for
the type of printer proposed. The paper shall be a minimum of twenty pound (20#)
weight.
All automated citations issued shall contain a scan line on the left edge (7" length)
that contains a citation number, amount of citation (total amount to be paid if more
than one violation is indicated on citation), and a check digit for the entire scan
line.
The scan line shall be printed in "OCR B" font type. The check digit routine shall
be "Module 10" or some other industry standard. If some other industry standard
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is used, the City shall make the final determination as to acceptability. The City
may, at its option substitute a bar code in lieu of an "OCR B" font.
The City reserves the right to designate and approve the content and format of the
information that shall be pre-printed on all citations. City reserves the right to
designate and approve content and format of information that shall be imprinted by
automated citation issuing units.
The City remittance address shall be pre-printed on the back of each citation, and
shall include post net bar coding that includes the city, state and ZIP plus four (4)
code, in a format that can be recognized by the U.S. Post Office.
Contractor shall provide remittance envelopes with each automated citation that
shall accommodate an unfolded citation and personal check. In case of inclement
weather, the Contractor shall also provide weather resistant bags that shall
accommodate an unfolded citation and envelope. The envelopes shall either
contain a window through which the City's remittance address shall be clearly
visible, or shall be pre-printed with the City's remittance address.
All envelopes shall include post net bar coding that includes city, state and ZIP
plus four (4) code, in a format that can be recognized by the U.S. Post Office.
AUTOMATED CITATIONS - SOFTWARE
The Equipment should run Microsoft's Windows CE for Pocket PC's operating
system or equal and come standard with at least 96MB of memory. The memory
should be sufficient for programs, files, and hot car list citations as well as all
contact information, emails (if configured for email), documents sound recordings
and photographs.
Contractor shall provide handheld citation writing equipment, software necessary
to produce the citations, sync the tickets to a local host computer, transfer the
tickets to the citation database, syncing hardware units and citation forms.
The City shall be able to change the order in which the data is entered. Software
should allow for import to the Ticket Writers of a habitual offenders file. Software
should allow for export of citation data in any format requested by the City.
WARRANTY AND MAINTENANCE
(Leased Handhelds/Hardware/except purchased handhelds) Contractor shall be
responsible for any failure of the hardware during the term of the contract. Contractor
shall be responsible for the maintenance and repair of all equipment. Physical
damage to the device due to misuse will be the responsibility of the City to replace at
the actual cost of replacing the hardware from the manufacturer.
(Purchased Handhelds) Any failure of the purchased handhelds occurring through
normal use of the device must be covered for one year. Physical damage to the
device due to misuse or accidental breakage will be the responsibility of the City to
replace at the actual cost of replacing the hardware from the manufacturer. Any
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RFP 1 136 — Parking Citation Processing Services
stolen or lost hardware will also be the responsibility of the City to replace at the actual
cost of the hardware from the manufacturer.
All software must be upgraded for the term of the contract at no charge to the City as
the software is enhanced. Custom software will not be included as part of this no -
charge upgrade.
K. COMPENSATION
CITATION PROCESSING
Contractor shall be compensated for each citation processed, based upon services
provided and proposals submitted for each of the services provided. This fee structure
should be based on the total parking citation volume.
ADMINISTRATIVE HEARING FEES
Services provided include accepting, scheduling, review and hearing first and second
level administrative appeals. At times the Contractor will provide backup for Court
appearances and notifying violators by phone and in writing of the decisions. The City
will pay the court filing fee if the review and administrative hearing decisions are
overturned by the Court. Contractor is to include fees for this service, if any, in the pricing
proposal.
OUT-OF-STATE CITATIONS
Contractor shall be responsible for all fees payable to other states that shall enable the
processing of out-of-state citations.
Contractor shall be compensated for the collection of out-of-state citations collected thirty
(30) days or more after date of issuance.
OTHER COSTS
Contractor is responsible to list all costs for this project within the services listed on the
price sheet. If there are other costs, they must be listed as a separate item.
BILLING
The Police department shall be billed for the processing of parking citations on a monthly
basis. Payment terms are net 30.
PAYMENT REDUCTION
1. The City reserves the right to withhold up to one -hundred percent (100%) of the
processing fee for each citation that is not processed within the timelines outlined
above.
2. The City reserves the right to reduce the payment made to the Contractor, based
upon the number of complaints per calendar month based on service received by
City, which are determined to be legitimate by City's departmental representatives.
Complaints may be tracked at the discretion of the City at any time. Complaints
may be tracked by the Police Department, and penalties may be levied for
complaints received in excess of 15 per calendar month. If more than the
maximum number of complaints are received for non -billable services, the
department shall deduct five percent (5%) from the month's invoice.
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RFP 1 136 — Parking Citation Processing Services
3. Failure to provide handheld ticket writers or the loss of citations due to handheld
malfunctions is likely to result in damages to the City which is difficult to quantify.
Therefore, the contractor shall be assessed penalties per the following:
a) The City reserves the right to reduce up to one hundred percent (100%)
of the citation value from the payment to the Contractor for each citation
that is lost due to unit malfunctioning.
b) The City reserves the right to reduce payment to the Contractor if more
than two (2) units are out of service at one time due to unit failure not
caused by mishandling by the City. The month's invoice will be reduced
by five percent (5%), based on potential lost revenue and inconvenience.
SECTION III: GENERAL INSTRUCTIONS TO OFFERORS
1. ACCEPTANCE PERIOD. Unless otherwise specified herein, proposals are firm for
a period of ninety- (90) days.
2. PRE -PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre -
Proposal conference is indicated on the cover page of this document. Written
minutes and/or notes will not be available, therefore attendance is encouraged. If an
Offeror is unable to attend the Pre -Proposal Conference, questions may be
submitted in writing. Offerors are encouraged to submit written questions, via
electronic mail or facsimile, at least five days prior to the Request for Proposal due
date to the Purchasing Supervisor. The purpose of this conference will be to clarify
the contents of this Request for Proposal in order to prevent any misunderstanding.
Any doubt as to the requirements of this Request for Proposal or any apparent
omission or discrepancy should be presented to the City at this meeting. The City
will then determine the appropriate action necessary, if any, and may issue a written
amendment to the Request for Proposal. Oral statements or instructions will not
constitute an amendment to this Request for Proposal.
3. INQUIRIES: Any question related to the Request for Proposal shall be directed to
the Purchasing Supervisor. Questions and comments regarding this solicitation
must be submitted in writing, either by mail, facsimile or e-mail to the Purchasing
Supervisor, City of Costa Mesa, 77 Fair Drive, Costa Mesa, California, 92626, faxed
to (714) 754-5040 or e-mailed to: dcasper(aD-ci.costa-mesa.ca.us, no later than ten
(10) days before the Submittal Deadline. The questioner's company name, address,
phone and fax number, and contact person must be included with the questions or
comments. Any correspondence related to a solicitation should refer to the
appropriate Request for Proposal number, page and paragraph number. An
envelope containing questions should be identified as such; otherwise it may not be
opened until after the official proposal due date and time. Oral interpretations or
clarifications will be without legal effect. Only questions answered by a formal
written amendment to the Request for Proposal will be binding. Answers will be sent
to all known proposal holders.
4. AMENDMENT OF REQUEST FOR PROPOSAL: The Offeror shall acknowledge
receipt of a Request for Proposal Amendment by signing and returning the
document by the specified due date and time. Amendments (addendums) may be
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RFP 1 136 — Parking Citation Processing Services
obtained from the City of Costa Mesa website at: www.ci.costa-mesa.ca.us. It is the
offeror's responsibility to obtain a copy of any amendment relevant to this
solicitation. Any interested offerors without internet access may obtain a copy of this
solicitation by calling (714) 754-5212, or a copy may be picked up during regular
business hours in the Purchasing Division, 77 Fair Drive, Costa Mesa, California
92626. The City of Costa Mesa takes no responsibility for informing recipients of
changes to the original solicitation document. Failure to submit signed amendments
with the proposal response may be grounds for deeming submittal non -responsive.
5. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each
offeror shall familiarize themselves with the Scope of Work, laws, regulations and
other factors affecting contract performance. The Offeror shall be responsible for
fully understanding the requirements of the subsequent Contract and otherwise
satisfy themselves as to the expense and difficulties accompanying the fulfillment of
contract requirements. The submission of a proposal will constitute a representation
of compliance by the Offeror. There will be no subsequent financial adjustment,
other than that provided by the subsequent Contract, for lack of such familiarization.
6. PREPARATION OF PROPOSAL:
A. All proposals shall incorporate the forms provided in this Request for Proposal
package. It is permissible to copy these forms as required. Facsimiles or
electronic mail proposals shall not be considered.
B. The Proposal form and any solicitation amendments must be signed and
returned with the proposal. The forms submitted shall be signed by a person
authorized to submit an offer. An authorized signature on the Proposal form,
Proposal Amendment(s), or cover letter accompanying the proposal documents
shall constitute an irrevocable offer to provide services specified herein.
Offeror shall submit any additional requested documentation, signifying intent
to be bound by the terms of the agreement.
C. The authorized person signing the proposal shall initial erasure, interlineations
or other modifications on the proposal.
E. Periods of time, stated as a number of days, shall be in calendar days.
G. It is the responsibility of all offerors to examine the entire Request for Proposal
package and seek clarification of any requirement that may not be clear and to
check all responses for accuracy before submitting a proposal. Negligence in
preparing a proposal confers no right of withdrawal after due date and time.
H. The City shall not reimburse the cost of developing, presenting, submitting or
providing any response to this solicitation.
I. Offeror must list any subcontractors to be utilized in the performance of the
services specified herein. For each subcontractor, details on respective
qualifications must be included.
7. PROPOSAL/SUBMITTAL FORMAT: An original and 3 copies (4 total) of each
proposal should be submitted on the forms and in the format specified in the RFP.
The original copy of the proposal should be clearly labeled "Original". The material
should be in sequence according to the RFP. The sections of the submittal should
be clearly identifiable, including all the items listed in the RFP Check list, the
completed Offer Form, all signed Amendments, Costa Mesa business license if
offeror currently has one, and proof of insurance. Failure to include the requested
information may have a negative impact on the evaluation of the offeror's proposal.
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RFP 1 136 —Parking Citation Proccssing Services
8. PUBLIC RECORD: All proposals submitted in response to this Request for
Proposal shall become the property of the City and shall become a matter of public
record available for review subsequent to the award notification.
9. CONFIDENTIAL INFORMATION: The City of Costa Mesa is obligated to abide by
all public information laws. If an Offeror believes that any portion of a proposal,
offer, specification, protest or correspondence contains information that should be
withheld, a statement advising the Purchasing Supervisor of this fact should
accompany the submission and the information shall be so identified wherever it
appears. The City shall review all requests for confidentiality and may provide a
written determination to designate specified documents confidential or the request
may be denied. Price is not confidential and will not be withheld. If the confidential
request is denied, such information shall be disclosed as public information.
10. CERTIFICATION: By signature on the Offer/Price Page section, solicitation
Amendment(s), or cover letter accompanying the submittal documents, Offeror
certifies:
A. The submission of the offer did not involve collusion or other anti -competitive
practices.
B. The Offeror shall not discriminate against any employee or applicant for
employment in violation of Federal or State law.
C. The Offeror has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, meal or service to a public servant in connection
with the submitted offer.
D. The Offeror hereby certifies that the individual signing the submittal is an
authorized agent for the Offeror and has the authority to legally bind the Offeror
to the Contract.
E. The Offeror acknowledges that he/she has read and understands the City of
Costa Mesa's Council Policy #100-5 for a "Drug -Free Workplace" (Attachment
A) and hereby agrees to comply with required policy.
11. WHERE TO SUBMIT PROPOSALS: In order to be considered, the Offeror must
complete and submit its proposal to the City of Costa Mesa City Clerk's Office at the
location indicated, prior to or at the exact date and time indicated on the Notice of
Request for Proposal page. The Offeror's proposal shall be submitted in a sealed
envelope. The words "SEALED PROPOSAL" with the REQUEST FOR PROPOSAL
TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME
and OFFEROR'S NAME AND ADDRESS shall be written on the envelope.
12. LATE PROPOSALS: Late proposals will be rejected.
13. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate
evaluation, the City requires a proposal in response to this solicitation to be valid and
irrevocable for ninety (90) days after the proposal due date and time.
14. PROPOSAL OPENING AND RESULTS. Please note that there will be no public
opening of proposals. A list of the names of Contractors' who submitted proposals
may be obtained within a reasonable time after the opening.
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RFP 1 136 — Parking Citation Processing Services
15. WITHDRAWAL OF PROPOSAL: At any time prior to the specified solicitation due
date and time, an offeror may formally withdraw the proposal by a written letter,
facsimile or electronic mail from the Offeror or a designated representative.
Telephonic or oral withdrawals shall not be considered.
16. CANCELLATION OF SOLICITATION: The City may cancel this solicitation at any
time.
17. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for
the purpose of eliminating minor irregularities, informalities, or apparent clerical
mistakes in the proposal in order to clarify an offer and assure full understanding of,
and responsiveness to, solicitation requirements.
18. NEGOTIATIONS: Exclusive or concurrent negotiations may be conducted with
responsible offeror(s) for the purpose of altering or otherwise changing the
conditions, terms and price of the proposed contract unless prohibited. Offerors
shall be accorded fair and equal treatment in conducting negotiations and there shall
be no disclosure of any information derived from proposals submitted by competing
offerors. Exclusive or concurrent negotiations shall not constitute a contract award
nor shall it confer any property rights to the successful offeror. In the event the City
deems that negotiations are not progressing, the city may formally terminate these
negotiations and may enter into subsequent concurrent or exclusive negotiations
with the next most qualified firm(s).
19. AWARD SELECTION PROCESS: Selection of qualified Offerors will be based on
the following: quality and completeness of submitted proposal; understanding of
project objectives; project approach; price proposal; support and services;
qualifications and experience with similar types of efforts; and references. Additional
questions may be asked of Offerors and demonstrations may be conducted.
Offerors will be notified of any additional required information or demonstrations after
the written proposals have been evaluated. The Offeror(s) selected will enter into a
contract with the City.
20. AWARD OF CONTRACT: Notwithstanding any other provision of the Request for
Proposal, the City reserves the right to:
(1) waive any immaterial defect or informality; or
(2) reject any or all proposals, or portions thereof; or
(3) reissue the Request for Proposal.
A response to this Request for Proposal is an offer to contract with the City based
upon the terms, conditions and scope of work contained in the City's Request for
Proposal. Proposals do not become contracts unless and until they are executed by
the City. A contract has its inception in the award, eliminating a formal signing of a
separate contract. All of the terms and conditions of the contract are contained in
the Request for Proposal, unless any of the terms and conditions are modified by a
Request for Proposal amendment, a Contract Amendment, or by mutually agreed
upon terms and conditions in the Contract documents. Award will be made to the
Offerors submitting the most advantageous proposals after consideration of all
Evaluation Criteria set forth in this solicitation. An Evaluation Committee will be
established by the City of Costa Mesa. The Committee will evaluate all proposals
received in accordance with the Evaluation Criteria. The City reserves the right to
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RFP 1 136 —Parking Citation Proccssing Services
establish weight factors that will be applied to the criteria depending upon order of
importance. The award will be made in the best interests of the City after all factors
have been evaluated.
21. NOTICE OF INTENT TO AWARD: A Notification of Intent to Award will be sent to
the Offerors selected.
22. EXECUTION OF CONTRACT: The RFP, the Offeror's proposal, and the resulting
purchase order will become incorporated as the complete contract. The Successful
Offeror(s) shall execute the contract, including but not limited to signing all
necessary documents and submitting all required evidences of insurance, within ten
(10) days after personal delivery of the notice or within fifteen (15) days after such
notice has been deposited in the United States mail. One copy of the contract will
be returned to the offeror(s) after the City of Costa Mesa executes the contract(s).
In case of failure of the Offeror(s) to execute and return the contract and all required
documents within the time allowed, the City of Costa Mesa may, at its option,
consider that the Offeror(s) has/have abandoned the contract.
23. COMPLIANCE WITH LAWS: All proposals shall comply with current federal, state,
and other laws relative thereto.
24. DISQUALIFICATION OF OFFEROR(S): If there is reason to believe that collusion
exists among the Offerors, the City may refuse to consider proposals from
participants in such collusion. No person, firm, or corporation under the same or
different name, shall make, file, or be interested in more than one proposal for the
same work unless alternate proposals are called for. A person, firm, or corporation
who has submitted a sub -proposal to an Offeror, or who has quoted prices on
materials to an Offeror, is not thereby disqualified from submitting a sub -proposal or
quoting prices to other Offerors. Reasonable grounds for believing that any Offeror
is interested in more than one Proposal for the same work will cause the rejection of
all Proposals for the work in which a Contractor is interested. Contractors shall
submit as part of their Proposal documents the completed Non -Collusion Affidavit
provided herein.
25. EXPERIENCE AND COMPETENCY: The successful offeror(s) shall be skilled and
regularly engaged in the general class or type of work called for under the contract.
The successful offeror(s) shall also have no less than three (3) years experience in
the magnitude and character of the work proposal within the County of Orange.
Each Offeror shall provide information about experience with the proposal. To
determine the degree of responsibility to be credited to the Offeror, the City of Costa
Mesa will weigh any evidence that the Offeror has performed satisfactorily other
contracts of like nature, magnitude, and comparable difficulty and comparable rates
of progress. In selecting the most responsive and responsible Offeror(s),
consideration will be given not only to the financial standing, but also to the general
competency of the Offeror for the performance of the work specified in the contract
documents.
26. INDEMNIFICATION: Offeror(s) shall protect and indemnify the City, the City
Council, and all of its or their officers, agents and servants against any claim or
liability arising from or based on bidder's violation of any existing or future State,
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RFP 1 136 — Parking Citation Processing Services
Federal, and local laws, ordinances, regulations, orders or decrees pertaining to
bidder's submittal.
Offeror(s) agree(s) to protect, defend, indemnify, save and hold harmless the City
and its elected and appointed boards, officers, agents, and employees from any and
all claims, liabilities, expenses, or damages of any nature, including attorney fees,
for injury to or death of any person (offeror's employees included), and for injury to
any property, including consequential damages of any nature resulting there from,
arising out of or in any way connected with the performance of this contract, except
that the indemnity obligation of offeror shall be reduced by an amount proportional to
the active negligence of City, if any.
Offeror shall comply with all of the provisions of the Workers' Compensation
insurance laws and Safety in Employment laws of the State of California, including
the applicable provisions of Divisions 4 and 56 of the California Labor Code and all
amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal, or local laws applicable; and contractor shall indemnify and hold
harmless City from and against all claims, liabilities, expenses, damages, suits,
actions, proceedings and judgments, or every nature and description, including
attorney fees, that may be presented, brought or recovered against the City for or on
account of any liability under or failure to comply with any of said laws which may be
incurred by reason of any work performed under this contract by offeror or any
subcontractor or others performing on behalf of offeror.
The City does not, and shall not, waive any rights against offeror(s) which it may
have by reason of the above hold harmless agreements, because of the acceptance
by the City or the deposit with the City by contractor of any or all of the required
insurance policies.
The hold harmless agreements by offeror(s) shall apply to all liabilities, expenses,
claims, and damages of every kind (including but not limited to attorney fees)
incurred or alleged to have been incurred, by reason of the operations of offeror or
any subcontractor or others performing on behalf of offeror, whether or not such
insurance policies are applicable.
Offeror(s) shall require any and all subcontractors to afford the same degree of
indemnification to the City of Costa Mesa and its elected and appointed boards,
officers, agents, and employees that is required of offeror(s) and shall incorporate
identical indemnity provisions in all contracts between offeror(s) and his/her
subcontractors.
In the event that offeror(s) and City are sued by a third party for damages caused or
allegedly caused by negligent or other wrongful conduct of offeror(s), or by a
dangerous condition of City's property created by offeror(s) or existing while the
property was under the control of offeror(s), offeror(s) shall not be relieved of its
indemnity obligation to City by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party
against the City.
INSURANCE: Offeror(s) shall not commence work under this contract until he/she
has obtained all insurance required under this section and the insurance has been
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RFP 1 136 —Parking Citation Proccssing Services
approved by City as to form, amount, and carrier, nor shall offeror(s) allow any
subcontractor to commence any work until all similar insurance required of the
subcontractor has been obtained and approved.
Neither the failure of offeror(s) to supply specified insurance policies and coverage,
nor the failure of City to approve same shall alter or invalidate the provisions of this
contract.
The Contractor agrees to:
A. Obtain insurance coverage of the types and amount required in this section and
keep such insurance coverage in force throughout the life of this contract. All
policies will contain an endorsement providing that written notice be given to the
City at least ten (10) calendar days prior to termination, cancellation, or reduction
in coverage in any policy.
B. The Comprehensive General Liability Insurance and Comprehensive Automobile
Liability Insurance policies will include the City as an additional insured with
respect to liability arising out of the performance of this contract. The Contractor
agrees that the insurance hereunder will be primary and that any insurance
carried by the City will be excess and not contributing.
C. Provide and maintain minimum insurance limits as applicable.
Contractor will present to the City written
compliance with Items A., B and C. above.
Mesa's Risk Management satisfaction.
evidence (Certifications of Insurance) of
Said evidence shall be to the City of Costa
WORKERS' COMPENSATION INSURANCE: Offeror(s) shall obtain and maintain
during the life of this contract workers' compensation insurance and, if any work is
sublet, offeror(s) shall require all subcontractors to obtain workers' compensation
insurance.
All workers' compensation insurance policies shall provide that the insurance may
not be canceled without thirty (30) days advance written notice of such cancellation
to City.
Offeror(s) is aware of the provision of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for Workman's Compensation
or undertake self-insurance in accordance with the provisions of that Code, and will
comply, with such provisions before commencing the performance of the work of this
contract.
LIABILITY INSURANCE COVERAGE: Offeror(s) shall obtain and maintain during
the life of this contract the following insurance coverage:
Commercial General Liability, including coverage for premises -operations,
products/completed operations hazard, blanket contractual, broad form property
damage, and independent contractors, personal injury.
Automobile liability, including owned, hired, and non -owned vehicles.
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RFP 1 136 — Parking Citation Processing Services
The above insurance coverages shall have limits of not less than one million dollars
($1,000,000.00) combined single limit, per occurrence and aggregate.
Endorsements to the policies providing the above insurance shall be obtained
by offeror(s), adding the following three provisions:
Additional insureds: (For Commercial General Liability only)
"The City of Costa Mesa and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to the subject
project and agreement:"
Notice:
"Said policy shall not terminate, nor shall it be cancelled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
Other Insurance:
"Any other insurance maintained by the City of Costa Mesa shall
be excess and not contributing with the insurance provided by this policy."
All insurance carriers utilized by the offeror(s) or any subcontractor under this
contract shall be approved by the California Department of Insurance to transact
business in the State of California. The types of services provided under this
contract may further require offeror's insurance carrier(s) to be admitted insurers in
the State of California.
27. INDEPENDENT CONTRACTOR: Contractor covenants that it presently has no
interest, and shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the services
hereunder. Contractor further covenants that, in the performance of this contract, no
subcontractor or person having such an interest shall be employed. Contractor
certifies that to the best of his knowledge, no one who has or will have any financial
interest under this contract is an officer or employee of City of Costa Mesa. It is
expressly agreed by Contractor that in the performance of the services required
under this contract, Contractor, and any of its subcontractors or employees, shall at
times be considered independent Contractors and not agents of City of Costa Mesa.
28. INTERPRETATION OF CONTRACT DOCUMENTS: If any person is in doubt as to
the true meaning of any part of the specifications or other contract documents, or
finds discrepancies or omissions in the specifications, he/she may submit to the City
of Costa Mesa a written request for an interpretation or correction. Requests for
interpretations shall be made in writing and delivered to the City of Costa Mesa
Purchasing Division Attn: Debbie Casper, C.P.M., CPPB, Purchasing Supervisor, by
mail at PO Box 1200, Costa Mesa, California, 92626, by e-mail dcasper(a)-ci.costa-
mesa.ca.us or by facsimile to (714) 754-5040 at least ten (10) days before the
Submittal Deadline. The requesting party is responsible for prompt delivery of any
requests. When the City of Costa Mesa considers interpretations necessary,
interpretations will be in the form of an addendum to the contract documents, and
when issued, will be sent as promptly as is practical to all parties recorded by the
City of Costa Mesa as having received contract documents. All such addenda shall
become a part of the contract. Oral and other interpretations or clarifications shall
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RFP 1 136 — Parking Citation Processing Services
be without legal or contractual effect. It is the responsibility of each Contractor to
ensure the City of Costa Mesa has their correct business name and address on file.
Any prospective Contractor who obtained a set of contract documents from anyone
other than the City of Costa Mesa is responsible for advising the City of Costa Mesa
that they have a set of contract documents and wish to receive subsequent
Addenda.
29. BUSINESS LICENSE: The Offeror(s) shall have a valid City of Costa Mesa
business license prior to providing service for the City of Costa Mesa.
30. KEY PERSONNEL: It is essential that the contractor provide adequate experienced
personnel, capable of and devoted to the successful accomplishment of work to be
performed under this contract. The Contractor must agree to assign specific
individuals to the key positions.
A. The Contractor agrees that, once assigned to work under this contract, key
personnel shall not be removed or replaced without written notice to the City.
B. If key personnel are not available for work under this contract for a continuous
period exceeding thirty calendar days, or are expected to devote substantially
less effort to the work than initially anticipated, the Contractor shall immediately
notify the City, and shall, subject to the concurrence of the City, replace such
personnel with personnel of substantially equal ability and qualifications.
SECTION IV. GENERAL TERMS AND CONDITIONS
ASSIGNMENT OF RIGHTS OR OBLIGATIONS: Except as noted hereunder, Successful
Contractor(s) may not assign, transfer or sell any rights or obligations resulting from this
solicitation without first obtaining the specific written consent of the City.
ATTORNEY FEES: In the event a lawsuit or action is instituted in connection with any
controversy arising out of this contract, the prevailing party shall be entitled to receive, in
addition to its costs, such sum as the court may adjudge reasonable as to attorney's fees
and costs.
AUTHORITY OF THE CITY: Subject to the power and authority of the City as provided
by law in this contract, the City shall in all cases determine the quantity, quality, and
acceptability of the work, provided under this contract. The City shall decide the
questions that may arise relative to the fulfillment of the contract or the obligations of the
contractor hereunder.
CANCELLATION OF THE CONTRACT: Without CAUSE, the City may cancel this
contract at any time with thirty- (30) days written notice to the supplier/contractor. With
cause, the City may cancel this contract at any time with ten (10) days written notice to
the Contractor. Cancellation for cause shall be at the discretion of the City and shall be,
but is not limited to, failure to supply the materials, equipment or service specified within
the time allowed or within the terms, conditions or provisions of this contract. The
successful Contractor may not cancel this contract without prior written consent of the
Purchasing Supervisor.
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RFP 1 136 — Parking Citation Processing Services
CHANGES IN WORK: The City may, at any time work is in progress, by written order
and without notice to the sureties, make alterations in the terms of work as shown in the
specifications, require the performance of extra work, decrease the quantity of work, or
make such other changes as the City may find necessary or desirable. The Offeror shall
not claim forfeiture of contract by reasons of such changes by the City. Changes in work
and the amount of compensation to be paid to the Contractor for any extra work as so
ordered shall be determined in accordance with the unit prices of contractor's proposal.
COMPLIANCE OR DEVIATION TO SCOPE OF WORK/SPECIFICATIONS: Offeror
hereby agrees that the material, equipment or service offered will meet all the
requirements of the specifications in this solicitation unless deviations from them are
clearly indicated in the Offeror's response. Contractor may submit an attachment entitled
"Exceptions to Specifications", which must be signed by Offeror's authorized
representative. An explanation must be made for each item in which an exception is
taken, giving in detail the extent of the exception and the reason for which it is taken.
Proposals failing to comply with this requirement will be considered non -responsive.
CONTRACT INCORPORATION: This contract embodies the entire contract between the
City and the Contractor. The parties shall not be bound by or be liable for any statement,
representation, promise, inducement or understanding of any kind or nature not set forth
herein. No changes, amendments, or modifications of any of the terms or conditions of
the contract shall be valid unless reduced to writing and signed by both parties. The
complete contract shall include the entire contents of the RFP solicitation, all addenda, all
of Contractor's successful submittal, supplemental agreements, change orders, and any
and all written agreements which alter, amend or extend the contract. Contractor's signed
Proposal and City's written acceptance shall constitute a binding contract.
FORCE MAJEURE: If execution of this contract shall be delayed or suspended and if
such failure arises out of causes beyond the control of and without fault or negligence of
the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24)
hours, after the delay. Such causes may include but are not limited to acts of God, war,
acts of a public enemy, and acts of any governmental entity in its sovereign or contractual
capacity, fires, floods, epidemics, strikes and unusually severe weather. Neither party to
the Agreement shall be held responsible for delay or default for causes shown above
which is beyond that party's reasonable control. City may terminate the Agreement upon
written notice after determining such delay or default will reasonably prevent successful
performance of the Agreement.
LACK OF FUNDING: The City may delete a copier or the copiers during the term of this
contract without further obligation in the event that budgetary funding has been
discontinued or the machine user unit has been discontinued. The Contractor shall
receive written notification or either condition as soon as practically possible, but no later
than thirty (30) days prior to termination.
LABOR STRIKE: Contractor shall be responsible for its own labor relationships and shall
negotiate and be responsible for resolving any and all disputes between itself and its
employees or any union representing its employees. Whenever Contractor has
knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to
delay, the timely performance of services under this contract, Contractor shall
immediately give written notice thereof to the City's Facilities & Maintenance Supervisor,
or his designee. It shall be the Contractor's responsibility to provide continuous services,
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RFP 1 136 — Parking Citation Processing Services
without interruption, to all buildings and facilities specified herein throughout the term of
the contract. In the event of a labor strike, Contractor shall provide the means, at
Contractor's expense, to provide continuous services in full compliance with contract
requirements. Failure to do so will cause the City to take whatever action is necessary to
provide the services. If, in doing so, City incurs costs in excess of those that would have
been paid to the Contractor for the same services, these excessive costs shall be paid by
the Contractor.
LAWS - ADHERENCE TO ALL LOCAL, STATE, AND FEDERAL LAWS AND
REQUIREMENTS: The Contractor shall adhere to all current applicable federal, state,
and local laws, codes and ordinances, including, but not limited to, those promulgated by
CAL -OSHA, FED -OSHA, EPA, and the California State Department of Health Services.
LAWS GOVERNING CONTRACT: This contract shall be in accordance with the laws of
the State of California. The parties stipulate that this contract was entered into in the
County of Orange, in State of California. The parties further stipulate that the County of
Orange, California, is the only appropriate forum for any litigation resulting from a breach
hereof or any questions risen here from.
PROOF OF INSURANCE: The Successful Contractor must furnish the City with the
Certificates of Insurance proving coverage of General Liability, Workers' Compensation
and Automobile insurance. (See Indemnification and Insurance Requirement pages 28-
31, and Terms & Conditions page 36 item #15). If you have any questions regarding the
insurance requirements for the City of Costa Mesa, please contact Jennifer Sommers in
the Risk Management Office at (714) 754-5228.
SEVERABILITY: If any provisions or portion of any provision, of this contract are held
invalid, illegal or unenforceable, they shall be severed from the contract and the
remaining provisions shall be valid and enforceable.
SPECIFICATIONS, CHANGES TO: The parties shall not be bound by or be liable for
any statement, representation, promise, inducement or understanding of any kind or
nature not set forth herein or by written amendment. No changes, amendments, or
modifications of any of the terms or conditions of the specification shall be valid unless
reduced to writing and signed by both parties.
STANDARD TERMS AND CONDITIONS: In addition to the terms and conditions of the
RFP, the standard terms and conditions shall also apply to this contract (page 36).
TERMINATION: If, in the City's determination the Contractor violates any of the
conditions or covenants of the Contract Documents, including refusal or failure to perform
the work or any separable part thereof with diligence and in accordance with the schedule
specified by the Contract Documents, or if the Contractor should be adjudged bankrupt,
or if Contractor should make a general assignment for the benefit of Contractor's
creditors, or if a receiver should be appointed on account of Contractor's insolvency, or
the Contractor or any of Contractor's subcontractors should violate any of the provisions
of this Contract, the City may serve written notice upon the Contractor of the City's
intention to terminate this Contract. This notice of intent to terminate shall contain the
reasons for such intention to terminate this Contract, and a statement to the effect that
the Contractor's right to perform this Contract shall cease and terminate upon the
expiration of ten (10) days unless such violations have ceased and arrangements
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RFP 1 136 — Parking Citation Processing Services
satisfactory to the City have been made for correction of said violations. The City may
terminate performance of the Work called for by the Contract Documents in whole or,
from time to time, in part, if the City determines that a termination is in the City's best
interest. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a notice of termination specifying that the termination is for the convenience
of the City, the extent of termination, and the effective date of such termination. After
receipt of notice of termination, and except as directed by the Facilities & Maintenance
Supervisor or his/her designee, the Contractor shall, regardless of any delay in
determining or adjusting any amounts due under this clause, immediately proceed with
the following obligations:
a) Stop Work as specified in the notice.
b) Complete any Work specified in the notice of termination in a least cost/shortest time
manner while still maintaining the quality called for under the Contract Documents.
c) Leave the property upon which the Contractor was working and upon which the facility
(or facilities) forming the basis of the Contract Documents is situated in a safe and
sanitary manner such that it does not pose any threat to the public health or safety.
d) Terminate all subcontracts or vendor agreements to the extent that they relate to the
portions of the Work terminated.
e) Place no further subcontracts or orders, except as necessary to complete the
continued portion, if any, of the Contract.
f) Submit to the Facilities & Open Space Manager within ten (10) days from the effective
date of the notice of termination, all of the usual documentation called for by the
Contract Documents to substantiate all costs incurred by the Contractor for labor,
materials, machinery, equipment, tools and supplies through the effective date of the
notice of termination. Any documentation substantiating costs incurred by the
Contractor solely as a result of the City's exercise of its right to terminate this Contract
pursuant to this clause, which costs the Contractor is authorized under the Contract
documents to incur, shall: (i) be submitted to and received by the Director no later than
thirty (30) days after the effective date of the notice of termination; (ii) describe the
costs incurred with particularity; and (iii) be conspicuously identified as "Termination
Costs occasioned by the City's Termination." In the event that the City exercises its
right to terminate this Contract pursuant to this clause, the City shall pay the
Contractor, upon the Contractor's submission of the documentation required by this
clause and other applicable provisions of the Contract Documents, all actual
reimbursable costs incurred according to the provisions of this Contract. The
Contractor may terminate the Contract upon ten (30) days written notice to the City,
whenever: (1) the entire Work has been suspended for ninety (90) consecutive days
through no fault or negligence of the Contractor, and notice to resume the Work or to
terminate the Contract has not been received from the City within this time period; or
(2) the City should fail to pay the Contractor any undisputed billings in accordance with
the terms of the Contract and within the time limits prescribed. In the event of such
termination, the Contractor shall have no claims against the City except for Work
performed as of the date of termination.
UNFORESEEN DIFFICULTIES: All loss or damage arising out of the nature of the Work
to be done under the Contract, or from any unforeseen obstructions or difficulties which
may be encountered during the progress of the Work and in the prosecution of the same,
or from encumbrances on the line of work, shall be sustained by the Contractor, except
as may be otherwise specifically provided by the Contract Documents.
35
CONDITIONS. The following standard conditions are always applicable, and the following work order conditions are also applicable when this order provides for performance of any work.
STANDARD CONDITIONS
1. Law: This contract is governed by the laws of the State of California. The
provisions of the Uniform Commercial Code shall apply except as otherwise set
forth in this contract.
2. Contract: This order, when accepted by SELLER either in writing or by the
shipment of any article or other commencement of performance hereunder,
constitutes the entire contract between SELLER and the CITY, no exceptions,
alternates, substitutes or revisions are valid or binding on the CITY unless
authorized by the CITY in writing. The SELLER acknowledges that he has read
and agrees to all terms and conditions of this contract/purchase order. The only
terms and conditions that will be applicable to the interpretation of this contract
are those issued by the City of Costa Mesa.
3. Taxes: Unless otherwise provided herein or by law, price quoted does not include
California State sales or use tax. The City is exempt from Federal excise tax.
4. Delivery: Time of delivery is the essence of this contract. The CITY reserves the
right to refuse any goods and to cancel all or any part of the goods not delivered
by the due date and/or not conforming to applicable specifications, drawings,
samples or descriptions. Acceptance of any part of the order shall not bind CITY
to accept future shipments, nor deprive it the right to return goods already
accepted, at SELLER'S expense. Overshipments and undershipments shall be
only as agreed to by CITY.
5. Risk of Loss: Delivery shall not be deemed to be complete until goods have
been actually received and accepted by CITY. Payment shall be made after
satisfactory acceptance of shipments by the CITY.
6. Warranty: SELLER expressly warrants that the goods covered by this order are
of merchantable quality, satisfactory and safe for consumer use, and are fit for the
particular purpose as set forth in the CITY'S specification. Acceptance of this
order shall constitute an agreement upon SELLER'S part to indemnify and hold
harmless from liability, loss, damage and expense, including reasonable attorney
fees, incurred or sustained by CITY, its officers, employees and agents, by reason
of the failure of the goods to conform to such warranties, faulty work performance,
negligent or unlawful acts, and noncompliance with any applicable local, State or
Federal codes, ordinances, orders, or statutes, including the Occupational Safety
and Health Act (OSHA) and the California Industrial Safety Act. Such remedies
shall be in addition to any other remedies provided by law. Inspection by the City
of Costa Mesa or its agents or employees and acceptance of the articles,
materials and work covered by this contract shall not constitute release or waiver
of the City of Costa Mesa's rights by reason of failure of Contractor to comply with
any of the warranties contained herein. Warranties herein expressed or implied
shall be construed as consistent with each other and as cumulative and, where in
conflict, the specifications of the City of Costa Mesa shall be paramount.
Infringement: SELLER shall indemnify and defend CITY, at SELLER'S expense,
against all claims, demands, suits, liability and expense on account of alleged
infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of
any article or material furnished hereunder.
8. Assignment: Neither this order nor any claim against CITY arising directly or
indirectly out of or in connection with this order shall be assignable by SELLER or
by operation or law, nor shall SELLER subcontract any obligations hereunder,
without CITY'S prior written consent.
Default: If SELLER or any subcontractor breaches any provision hereof, or
becomes insolvent, enters bankruptcy, receivership or other like proceeding
(voluntarily or involuntarily) or makes assignment for the benefit or creditors, CITY
shall have the right, in addition to any other rights it may have hereunder or by law,
to terminate this order by giving SELLER written notice whereupon (a) CITY shall
be relieved of all further obligation hereunder, except to pay the reasonable value
of SELLER'S prior performance, but not more than the contracted price, and
(b) CITY may procure the articles or services from other sources and may deduct
from unpaid balance due the vendor or may collect against the bond or surety, or
may invoice the vendor for excess cost so paid. The price paid by CITY shall be
considered prevailing market price at the time such purchase is made.
10. Labor Disputes: Whenever any actual or potential labor dispute delays or
threatens to delay the timely performance of this order, SELLER shall immediately
give written notice thereof to CITY.
11. Nondiscrimination: In the performance of the terms of any contract resulting from
this order, SELLER agrees that they will not engage nor permit such
subcontractors, where applicable as he may employ, from engaging in
discrimination in employment of persons because of the race, color, sex, national
origin or ancestry, disability or religion of such person.
12. Termination: The CITY reserves the right to terminate this contract without
penalty and without cause after 30 days' written notice unless otherwise specified.
WORK ORDER CONDITIONS
13. Performance: SELLER shall perform all work diligently, carefully, and in a good 15. Insurance: SELLER shall maintain in full force during the term of this contract the
and workmanlike manner; shall furnish all labor, supervision, machinery, following insurances, in a form and with companies as approved by the CITY, with
equipment, materials and supplies necessary therefor; shall obtain and maintain limits not less than those specified: (a) Worker's Compensation and Employer's
all building and other permits and licenses required by public authorities in Liability complying with any statutory requirements; (b) Commercial General
connection with performance of the work; and, if permitted to subcontract, shall be Liability insurance including broad form property damage, products/completed
fully responsible for all work performed by subcontractors. SELLER shall conduct operations and contractual liability coverage, with a $1,000,000 combined single
all operations in SELLER'S own name and as independent contractor, and not in limit each occurrence; Endorsements to the Commercial General Liability
the name of, or as an agent for CITY. insurance shall be obtained by contractor, adding the following three provisions;
(1) Additional insureds: "The City of Costa Mesa and its elected and appointed
14. Indemnification: The Contractor hereby agrees to defend at his own cost and to boards, officers, agents, and employees are additional insureds with respect to the
indemnify and hold harmless the City of Costa Mesa, its officers, agents and subject project and agreement." (2) Notice: "Said policy shall not terminate, nor
employees, from and against any and all liability, damages, costs, losses, claims shall it be cancelled nor the coverage reduced, until thirty (30) days after written
and expenses, howsoever caused, resulting directly or indirectly from or notice is given to City." (3) Other insurance: "Any other insurance maintained by
connected with the performance of the contract (including but not limited to such the City of Costa Mesa shall be excess and not contributing with the insurance
liability, costs, damage, loss, claim, or expense arising from the death or injury to provided by this policy." (c) Comprehensive Auto Liability (including the owned,
an agent or employee of the Contractor, subcontractor, or the City of Costa Mesa nonowned and hired automobile hazards) with $1,000,000 combined single limit
or loss of, damage to, or destruction of the property of Contractor, subcontractor, each occurrence. If the CITY so desires, these limits may be increased or
or of the City of Costa Mesa, or of any agent or employee of the Contractor, decreased.
subcontractor, or of the City of Costa Mesa), except where such liability,
damages, costs, losses, claims or expenses are caused solely by the negligent or
wrongful acts of the City of Costa Mesa or any of its agents or employees other
than negligent omission or commissions of the City of Costa Mesa, its agents or
employees, in connection with the general supervision or direction of the work to
be performed hereunder. The Contractor, in addition to the foregoing, specifically
shall indemnify and save harmless the City of Costa Mesa, any and all of the City
of Costa Mesa's officers, agents, and employees, from any liability by reason of
California safe place statutes or similar provisions pertaining to the workplace or
safety of materials or equipment supplied by the City of Costa Mesa or others at
16. Bills and Liens: SELLER shall pay promptly all indebtedness for labor, materials
and equipment used in performance of the work. SELLER shall not permit any lien
or charge to attach to the work or the premises, but if any does so attach, SELLER
shall promptly procure its release and indemnify CITY against all damages and
expense incident thereto.
17. Bonds: If the CITY so desires, SELLER shall provide payment and performance
bonds as required.
the direction of the City of Costa Mesa and used in the performance of the work 18. Changes: SELLER shall make no change in the work or perform any additional
hereunder. work without the CITY'S specific written approval.
MISCELLANEOUS CONDITIONS
19. All plants and materials must be free of pests and disease. If any are found, the 20. Vendor is required to provide a completed MSDS (Material Safety Data Sheet) for
material will be rejected and refused. Vendor will pick up at no cost to the CITY. hazardous substances as required by Labor Code Sections 6390; General
Industrial Safety Order, Section 5194; and Title 8, California Admins. Code. MSDS
sheet for each specified item shall be sent to place of shipment, and a copy sent to
the Purchasing Division.
DEFINITION
Whenever used herein, "CITY" shall mean, City of Costa Mesa, a political subdivision of the State of California.
(5146-22)
RFP 1 136 — Parking Citation Processing Services
SECTION V. EVALUATION OF PROPOSALS AND NEGOTIATIONS
Proposals must fully address the evaluation factors; contain complete technical submittals,
references and data to verify qualifications and experience that address the Contractor's ability
to provide parking citation processing services and the equipment as outlined in the
specifications. All proposals will be reviewed for compliance with specifications including
documented capability to perform the prescribed work in a satisfactory manner. Offerors shall
respond to all requirements in the order in which they are presented.
Proposals, which appear to be compliant, shall be evaluated in accordance with the following:
Method of Approach - This set of criteria assesses how well the offeror responds to and
demonstrates understanding of the RFP. It assesses how well the service meets the required
specifications and objectives of the department including the quality and completeness of the
proposal. The following factors will be taken into consideration:
1) Overall responsiveness of the proposal.
2) Thoroughness of responses and demonstrated understanding of the requirements.
3) Ability of the proposal to meet all aspects of parking citation requirements; including:
electronic citation issuance, processing, collection, reporting, software, hardware, and
annual maintenance for software, equipment, and providing consumable supplies.
4) Customer service & quality assurance — The proposal should provide details on how
your company provides customer service to both the City and those receiving tickets
and how your system addresses accuracy in the data provided online.
5) Communication — The proposal should address how you will communicate with both the
Traffic Division of the Police Department and the Treasury Division of the Finance
Department to ensure compatibility and uniformity.
Technical Requirements - This set of criteria assesses the technical capabilities of the offeror
and how well they meet the required specifications. The following factors will be taken into
consideration:
1) Technical competence — business operations and equipment solutions offered.
2) Ability of the Contractor to interface on-line with DMV, to receive registered owner
information from other states, to enter manual citations, to enter payments, and voids.
Ability to track each step of the administrative review process, ability to include the
reason for the disposition, review/hearing officer, reduction of penalties, and any
comments necessary to review disposition on-line. Ability to suspend dispositions of all
steps of reviews and hearings, ability to track each step of the administrative review
process, include reason for disposition, provide review/hearing officer name and any
comments necessary to review disposition on-line.
3) Ability to suspend citations, reactivate citations, enter bank returned checks and to
extend citations automatically (due date and reactivation). The Contractor should have
the ability to produce a citation simulation from a local computer for both automated and
manual citations.
4) On-line reporting capability.
5) Data back up system provisions.
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RFP 1 136 — Parking Citation Processing Services
ALL Proposals submitted will be required to address the following functionality in their
submittal.
— Processing Software Fully Operational
— Web based Internet System
— Secured Web Site for Remote access and Report access
— Internet accessibility for inquiries, remote access and remote data entry using a web
browser
— Monthly reports available using the Internet and a web browser
— Reports should be able to print from the internet without special software
— Payment processing services, including partial payments and payment plans
— Credit Card Processing processed over the web, IVR 24/7, or through an operator during
normal working hours
— Three days or less handling time for citation payment and processing
— 24/7 Toll Free Custom Customer service phones using Interactive Voice Response (IVR)
— IVR should be available in English and Spanish
— IVR should include custom greeting, citation status, payment due, contesting instructions
with final date for contesting, payment mailing instructions, and credit card option
— Remote Access with Data Input Capability
— Daily Automated notification to the DMV of registration -hold & releases
Qualifications & Experience - The Offeror's history of performance and demonstrated ability in
providing the service will be assessed. These criteria will focus on offeror's prior record of
performance with other cities or governmental agencies.
1) Provide a general overview of your company, including the number of years in business,
corporate headquarter location, type of business, principal place of business, number of
employees and background and experience in the collection of parking citations.
2) Detail the firm's experience in handling major contracts to provide parking citation
management for similar agencies of similar size, with dates of completion, agency
name, contact person, and telephone numbers.
3) Offeror shall identify proposed staff members who would be involved in implementing
and operating the services contained herein. Proposal should include information for
each staff member of their involvement with projects of similar or identical scopes.
4) Nature and size of current and past accounts.
5) References and results of reference checks.
6) Has your organization ever failed to complete any work awarded to it?
Proposed Costs - The lowest price proposal will not necessarily be selected, and technical
proposals will be weighed more heavily than costs to insure that the City is procuring best value
versus lowest price.
Because this proposal is negotiable, all pricing data will remain confidential until after award is
made, and there will be no public opening and reading of proposals. The City may request a
best and final offer from the top ranking firms for further evaluation and consideration. Overall
responsiveness to the Request for Proposals is an important factor in the evaluation process.
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RFP 1 136 — Parking Citation Processing Services
ADDITIONAL INFORMATION ABOUT THE EVALUATION PROCESS
A. Shortlist.
The City reserves the right to shortlist the Offerors on all of the stated criteria. However,
the City may determine that short listing is not necessary.
B. Interviews/Demonstrations:
The City reserves the right to conduct interviews and/or demonstrations with some or all
of the offerors at any point during the evaluation process. However, the City may
determine that interviews/demonstrations are not necessary. In the event
interviews/demonstrations are conducted, information provided during the
interview/demonstration process shall be taken into consideration when evaluating the
stated criteria. The City shall not reimburse the offeror for the costs associated with the
interview process.
Demonstrations will be held at a time and place specified by the City. The Contractor's
key project team members will be invited to attend the interview/demonstration.
C. Additional Investigations:
The City reserves the right to make such additional investigations as it deems necessary
to establish the competence and financial stability of any offeror submitting a proposal.
D. Prior Experience:
Experiences with the City may be taken into consideration when evaluating qualifications
and experience.
E. Overall Evaluation of the Proposal Response:
The overall completeness, accuracy and quality of the proposal may be taken into
consideration when evaluating the qualifications and experience.
F. Post -Proposal Discussions with Offerors:
It is the City's intent to commence final negotiation with the Offeror(s) deemed most
advantageous to the City. The City reserves the right to conduct post -proposal
discussions with any Offeror(s).
Assuming applicable insurance requirements are met, the offeror with the highest overall
number of points will be recommended for award of the contract.
The City reserves the unilateral right to amend this RFP in writing at any time. The City also
reserves the right to cancel or reissue the RFP at its sole discretion. Offerors shall respond to
the final written RFP and any exhibits, attachments and amendments. All offerors shall verify if
any addendum for this project has been issued by the City. It is the offeror's responsibility to
ensure that all requirements of contract addendum are included in the offeror's submittal.
The City reserves the right to reject any or all proposals and the right to waive minor
irregularities in any proposal. Waiver of one irregularity does not constitute waiver of any other
irregularities.
Evaluation of the proposals is expected to be completed within 45 days after their receipt. When
the evaluation team has completed its review of the proposals and determined which proposal
will be accepted, the Purchasing Department will send a written Notice of Intent to Award to the
successful Contractor. The award is subject to City Council approval.
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RFP 1 136 — Parking Citation Processing Services
SECTION VI: OFFEROR'S PROPOSAL RESPONSE REQUIREMENTS
To achieve a uniform review process and obtain the maximum degree of comparability, it is
required that the proposals be organized in the manner specified. All offerors are expected to
provide detailed answers to the following points. The answers provided will be relevant in the
evaluation process of the proposal. Additional information, if provided, should be separately
identified in the proposal.
1) Title page shows the RFP subject, the name of the offeror's firm, local address, telephone
number, contact person and date of the proposal.
2) Table of Contents should clearly identify the material by section and page number.
3) A cover letter on the firm's letterhead should summarize the proposal and is to be signed by
an individual authorized to execute legal documents on behalf of the proposing firm. The
cover letter should include a summary of the qualifications of the firm to perform the services
described herein, including, but not necessarily limited to the firm's previous experience in
performing similar services for other municipalities.
4) Company's detailed information. Please complete the Offeror's Information (page 42).
5) A list of references from other municipalities for similar projects including the name of the
organization and the primary contact person(s). Offeror should provide a minimum of three
(3) business references, specifically local government agencies, in Southern California for
whom services similar to those outlined herein have been provided or are currently being
provided. The reference information should include: the clients name, project description,
project dates (starting and ending), client project manager name, telephone number and e-
mail. (page 43).
6) Include your qualifications and experience with parking citation processing. Does your
company have any unique qualifications or expertise? If so, please describe these
qualifications and comment on how they would benefit the City.
7) Describe, in detail, the firm's method of approach to the scope of work as defined in the
specifications in Section II.
8) Outline of the proposed work plan. Clearly describe the scope of work for this project and
provide time line for the activities and deliverables with the outline of the proposed work plan.
9) The description of the contract team should include the names, title and qualifications of
the proposed contract manager and support staff who will be conducting the work on this
assignment, including their experience and projects in which they had "hands on"
responsibility and length of time with the firm. The contract manager will be expected to be
fully involved and conversant in the details of day-to-day processes.
10) Describe details of the proposed implementation plan and training that will be provided for
utilization of your parking citation processing program.
11) Provide details of equipment offered in the proposal - handheld ticket writers and printers
including warranty information. (The City currently leases 4 handheld units).
12) Describe your company's capabilities for customer technical assistance (e.g. — on -call,
hotline, technical assistance, online support). Describe a typical phone call for telephone
technical support. Who do we call? Will our contact be immediately available? What is your
usual response time?
13) Response to Proposal Questions (page 41).
14) Submit response to Section Vll- Offer/Cost Proposal (page 45-48).
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RFP 1 136 — Parking Citation Processing Services
OFFEROR'S INFORMATION
Please complete and/or provide all requested information. Incomplete offers may be rejected.
If the proposal is by corporation, state the names of the officers who can sign an agreement on
behalf of the corporation and whether more than one officer must sign. If the proposal is by a
partnership or a joint venture, state the names and addresses of all general partners and joint
venture parties. If the respondent is a sole proprietorship or another entity that does business
under a fictitious name, the proposal shall be in the real name of the respondent with a designation
following showing "DBA (the fictitious name)," provided however, that no fictitious name shall be
used unless there is a current registration with the Orange County Recorder.
The undersigned, as respondent, declares that all documents regarding this proposal have been
examined and accepted and that, if awarded, will enter into a contract with the City of Costa Mesa.
Legal Name:
Address:
Telephone
Area Code
Federal Tax I.D. Number:
Fax: ( )
Area Code
Incorporated: Yes No
Legal form of company: (partnership, corporation, joint venture)
If company is wholly owned subsidiary of a "parent company", identify the "parent company".
Vendor Contact Person:
E-mail address:
Contractor must possess a Costa Mesa business license prior to contract award.
1. Length of time your firm has been in business:
2. Length of time at current location:
3. Type, number and city of business license(s):
4. Normal business hours: a.m. to
p.m.
41
RFP 1 136 — Parking Citation Processing Services
REFERENCES
Describe fully the last three contracts performed by your firm that demonstrate your ability to
provide the services included with the scope of the specifications. Attach additional pages if
required. The City reserves the right to contact each of the references listed for additional
information regarding their experience with your company.
Customer Name
Contact Individual
Telephone & FAX number
E-mail
Address
Description of services
provided including contract
amount, when provided and
project outcome
Customer Name
Contact Individual
Telephone & FAX number
E-Mail
Address
Description of services
provided including contract
amount, when provided and
project outcome
Customer Name
Contact Individual
Telephone & FAX number
E-Mail
Address
Description of services
provided including contract
amount, when provided and
project outcome
42
RFP 1 136 — Parking Citation Processing Services
PROPOSAL QUESTIONS
Please submit your answers to the following questions as part of your proposal.
Daily Collections
1. Do you send a Courtesy Notice? Yes No
Delinquent Collections
2. Number of notices sent?
3. Define when your company sends delinquent notices and the criteria used to determine
delinquency?
California DMV
4. Provide the number of attempts per citation your company makes to obtain registered
owner information.
5. Are you online with the CA DMV?
6. How many times a week does your company obtain registered owner information?
7. How many times a week does your company place holds?
8. How many times a week does your company place releases?
9. Does your company have the ability to perform individual lookups?
Out of State DMV
10. Provide the number of attempts per citation your company makes to obtain registered
owner information.
11. List the states your company is currently online with.
12. List the states your company currently obtains in a manner other than online.
13. Do you use a third party company to obtain registered owner information?
Office Information
14. Provide the address of the office where the City's contract will be serviced from.
15. Number of full time employees in the office that will service this contract.
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RFP 1 136 — Parking Citation Processing Services
SECTION VII. OFFER/COST PROPOSAL
Responding to RFP No. 1136 for Parking Citation Processing Services, the undersigned
Offeror agrees to provide parking citation processing for the Police Department per the
specifications.
Offeror further agrees, in addition to the terms and conditions specified herein the following
terms and conditions that are a part of this bid and any resulting contract.
F.O.B. Point. All shipments shall be made F.O.B. destination, Costa Mesa, California. F.O.B.
destination indicates that the seller is responsible for shipment until it is tendered to the City of
Costa Mesa, even if the City of Costa Mesa agrees to pay for shipping and handling. The City of
Costa Mesa will allow freight charges, but only if they are indicated on this form. Freight shall be
shown separately on the line provided.
Signatures. All information submitted by Offeror, including signatures, must be original. Copies
will not be accepted.
Taxes. The City of Costa Mesa will calculate the California Sales Tax at 8.75% (Orange County
rate) on any consumables or taxable items and pay it to Successful Bidder(s) who are California
suppliers or out-of-state suppliers who are registered with State of California and who have the
appropriate California Seller's Permit. The City of Costa Mesa will pay the State Sales Tax
directly to the State of California when the Successful offeror is not registered with the state to
collect it. The City of Costa Mesa is exempt from Federal Excise Tax.
Please quote your most competitive pricing, INCLUDING ANY GOVERNMENT OR CO-
OPERATIVE AGREEMENT PRICING. Offers that are not filled out completely will be ruled
nonresponsive and will not be evaluated. Offeror is to complete and include all
requested information, including signatures, and return all pages of the bid as the bid
submittal.
"PIGGYBACK" CLAUSE Contractor shall indicate below if he will extend the same prices,
terms, and conditions of his offer to other public agencies: Yes No. Contractor's
response to this question will not be considered in award of offer. When the Contractor extends
the prices, terms, and conditions of this offer to other public agencies, the contract shall be
between Contractor and the other agencies, and the City of Costa Mesa shall bear no
responsibility or liability for the contracts.
Credit Card Payment: Will payment be accepted via commercial credit card for the City's
monthly charges? Yes No
Discounts: The following discounts will be considered in award of this solicitation.
Payment Discount: Discount for payment of invoice within 20 days of receipt is: %.
Payment discounts of 20 or more days will be considered in award of bid. The City of Costa
Mesa will not take discounts that are not earned.
Term of Offer: It is understood and agreed that this bid may not be withdrawn for a period of
ninety- (90) days from the Bid Submittal Deadline, and at no time in case of successful Bidder.
Bidder's Acknowledgement Of His/Her Understanding Of The Terms and Conditions:
Signature below verifies that Bidder has read, understands, and agrees to the conditions
contained herein and on all of the attachments and agenda.
RFP 1 136 — Parking Citation Processing Services
Independent Price Determination: I certify that this offer is made without prior understanding,
arrangement, agreement, or connection with any corporation, firm or person submitting a bid for
the same materials, supplies, or equipment, and is in all respects fair and without collusion or
fraud. I certify that I have not entered into any arrangement or agreement with any City of Costa
Mesa public officer. I understand collusive bidding is a violation of State and Federal law and
can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions
of this bid and certify that I am authorized to sign this be for the bidder.
Representations Made Under Penalty Of Perjury: The representations herein are made
under penalty of perjury. We hereby offer to sell the City of Costa Mesa the above item(s) at the
prices shown and under the terms and conditions herein, attached, or incorporated by
referenced.
OFFER
Offeror acknowledges by signing below that Offeror has read, understands, and agrees to the
conditions contained herein and on all of the attachments and addenda.
TO THE CITY OF COSTA MESA:
The Undersigned hereby offers and shall furnish the material or service in compliance with all
terms, scope of work, conditions, specifications, and amendments in the Request for Proposal
which is incorporated by reference as if fully set forth herein.
For clarification of this offer, contact:
Company Name Name
Address E-mail
City State Zip Phone
Fax
Signature of Person Authorized to Sign
Printed Name Title
ELI
RFP 1 136 — Parking Citation Processing Services
COST PROPOSAL
All fees for service must be clearly identified in response to this RFP. For each item listed that is
not included in the base price, provide the annual charge (if applicable) and the basis for the fee.
Pricing should be based on approximately 26,000 citations per year.
COST CATEGORY
DOLLAR AMOUNT OR EXPLANATION
Parking Citation Processing of Manual Citations
(cost per citation)
Parking Citation Processing of Electronic Citations
(cost per citation)
Confirm the following services are provided at no cost; If a cost is associated, please check the 'No' column
and provide a cost. If a service is not available, please check the 'No' column and enter "Not Available" in the
Explanation column.
COST CATEGORY
YES
NO
DOLLAR AMOUNT OR EXPLANATION
Acquisition of Registered Owner Information
Courtesy Notice sent
Follow up courtesy notice if responsible party is
changed
Processing of bad addresses or undeliverable
mail
Manual Payments keyed
Refunds processed
Payment plans processed
Payment plan letters sent
Postage for all mailings
Live customer service department available from
8 a.m.-5 p.m. Pacific Standard Time
IVR available to take payments, 24/7
Call recording on all inbound and outbound
customer service calls
Website available for information and payments,
24/7
ESCROW ACCOUNT BANKING
DOLLAR AMOUNT OR EXPLANATION
Please provide a detailed cost for each of the below listed items:
Monthly cost
Issue refund checks
Pay county and state taxes
Process NSFs and send NSF letters
Process Credit Card chargebacks
Postage for all mailings
Confirm the following services are provided at no cost; if a cost is associated, please check the
"No" column and provide the cost. If a service is not available, please check the "No" column and enter
"Not Available" in the Explanation column.
OUT OF STATE COLLECTIONS
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Acquisition of registered owner information
Provide the number of attempts per citation your
company makes to obtain registered owner
information
46
RFP 1136 — Parking Citation Processing Services
DELINQUENT COLLECTION
%
Provide the number of notices sent as part of the of the delinquent
process
Are the following items included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Postage and notices for all mailings
Processing of bad addresses or undeliverable
mail
Define any additional charges related to
Delinquent Collections
PARKING CITATION ADJUDICATION PROCESSING
Please provide a cost for each of the below listed items:
Process and Perform Administrative Reviews for City
Schedule and Process Hearings
Send all adjudication correspondence to the Citizen
Send all adjudication packets to the Hearing Officer
Please provide any additional costs associated with the Adjudication Process
FRANCHISE TAX BOARD PROCESSING
Cost to obtain Social Security Number:
Does the Company charge per Cite or per Responsible Party?
% of Collections:
%
Are the following items included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
FTB Notice sent
Payments keyed
Individual SSN look ups to confirm responsible
party
Live customer service department available from
8am-5pm pst
IVR available to take payments, 24/7
Call recording on all inbound and outbound
customer service calls
Website available for information and payments,
24/7
HEARING OFFICERS
Hourly Cost for Hearing Officer
$ /per hour
Are the following items included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Does Company supply Hearing Officers?
Is a minimum charged? if yes please explain.
Are in -person Hearings offered?
Are written Hearings offered?
Are toll -free phone Hearings offered?
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RFP 1136 — Parking Citation Processing Services
HANDHELD UNITS
DOLLAR AMOUNT OR EXPLANATION
Provide Cost to purchase handheld unit enter price per each unit
Provide Monthly Lease rate per handheld unit (based on a 3-year
lease period)
$ / 3 years
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
At end of lease period, please indicate whether
the City owns the units
Provide Monthly Maintenance fee for each
handheld unit
$ /per month per unit
Are the following items included in the cost
identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Replacement of unit within 48 hours or new or like
unit
Automatic updates of bail schedules, officers,
locations, etc.
SUPPLIES
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Description and cost of supplies for handheld units
TRAINING AND INSTALLATION
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Provide cost for on -site training and installation
Please provide hours and duration of initial on -site
training
Hours / Days
Please provide hourly cost if additional training is
required
$ / per hour
ONE-TIME FEES IF APPLICABLE
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Cost of data conversion
Provide details
OTHER COSTS IF ANY
ESTIMATED TOTAL ANNUAL PROPOSAL
PRICE (BASED ON 26,000 CITATIONS)
$
48
RFP 1 136 — Parking Citation Processing Services
ATTACHMENT A
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT POLICY EFFECTIVE
NUMBER DATE PAGE
DRUG -FREE WORKPLACE 100-5 8/08/89 1 OF 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug -free workplaces. At the present time, the City of Costa Mesa, as a subgrantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug -free community. This Policy is intended to extend that effort to
contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the
workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug -free society.
2.Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug -free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or subgrantee hereby certifies that it will provide a drug -free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacturer,
distribution,
dispensing, possessing, or use of a controlled substance is prohibited in Contractor's
and/or
subgrantee's workplace, specifically the job site or location included in this
contract, and
specifying the actions that will taken against the employees for violation of such
prohibition;
B. Establishing a Drug -Free Awareness Program to inform employees about:
1.The dangers of drug abuse in the workplace;
49
RFP 1 136 —Parking Citation Processing Services
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT POLICY EFFECTIVE
NUMBER DATE PAGE
DRUG -FREE WORKPLACE 100-5 8/08/89 2 OF 3
2. Contractor's and/or subgrantee's policy of maintaining a drug -free workplace;
3.Any available drug counseling, rehabilitation and employee assistance programs;
and
4.The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of
the contract be given a copy of the statement required by Subparagraph A.
D. Notifying the employee in the statement required by Subparagraph 1.A that, as a
condition of employment under the contract, the employee will:
1.Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five (5) days after such violation.
E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
Subparagraph 1.D.2 from an employee or otherwise receiving the actual notice of
such conviction.
F. Taking one of the following actions within thirty (30) days of receiving notice
under Subparagraph 1.D.2 with respect to an employee who is so convicted:
1.Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health agency, law enforcement, or other appropriate agency.
G. Making a good faith effort to maintain a drug -free workplace through
implementation of Subparagraph 1.A through 11, inclusive.
2. Contractor and/or subgrantee shall be deemed to be in violation of this Policy if the
City of Costa Mesa determines that:
A. Contractor and/or subgrantee has made a false certification under Paragraph 1 above.
50
RFP 1 136 — Parking Citation Processing Services
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
POLICY EFFECTIVE
SUBJECT NUMBER DATE PAGE
DRUG -FREE WORKPLACE 100-5 8/08/89 3 OF 3
B. Contractor and/or subgrantee has violated the certification by failing to carry out the
requirements of Subparagraphs 1.A through 1.G above.
C. Such number of employees of Contractor and/or subgrantee have been convicted of
violations of criminal drug statutes for violations occurring in the workplace as to
indicate that the Contractor and/or subgrantee has failed to make a good faith effort
to provide a drug -free workplace.
3. Should any Contractor and/or subgrantee be deemed to be in violation of this Policy
pursuant to the provisions of 2.A, B and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, or local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a Contractor
and/or subgrantee, the Contractor and/or subgrantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the Contractor and/or subgrantee, the Contractor
and/or subgrantee shall be eligible for compensation as provided by law.
51
RFP 1136 — Parking Citation Processing Services
ATTACHMENT B — SAMPLE PSA
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2010 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
a ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform the services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated
within California Government Code, Section 37103, and holds all necessary licenses to practice and
perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection with the
project described below (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of
California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,
the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
I.I. Scope of Services. Consultant shall provide the professional services described in the
City's Invitation for Bids ("IFB") attached hereto as Exhibit "A" and incorporated herein by reference and
Bidder's Response to City's IFB (the "Response"). A copy of said Response is attached hereto as Exhibit
"B" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to
this Agreement shall be provided by personnel experienced in their respective fields and in a manner
consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants
in similar fields and circumstances in accordance with sound professional practices. Consultant also
warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including, but not
limited to, those laws related to minimum hours and wages; occupational health and safety; fair
employment and employment practices; workers' compensation insurance and safety in employment; and
all other Federal, State and local laws and ordinances applicable to the services required under this
Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description including attorneys'
fees and costs, presented, brought, or recovered against City for, or on account of any liability under any
of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this
Agreement.
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RFP 1136 — Parking Citation Processing Services
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor
permit its agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or
sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of
this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements
with other consultants for services similar to the services that are subject to this Agreement or may have
its own employees perform services similar to those services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth
herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to
perform services contemplated by this Agreement at Consultant's sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in
Exhibit " ," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's
compensation shall in no case exceed Dollars ($.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided
outside the scope of services specified in the Response unless the City or the Project Manager for this
Project, prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional services or
additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval
on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all the
Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's
invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in
detail, the services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify
the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made available to
City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three
(3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed
pursuant to this Agreement will commence upon notification/request by the City representative as
described in the Scope of Work and Standards section on page 3 of this Agreement. Said services shall be
performed in strict compliance with the Scope of Work and Standards as stated herein. The Project
Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely
manner and/or diligently pursue work to completion may be grounds for termination of this agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance
resulting from acts beyond the reasonable control of the parry or parties. Such acts shall include, but not
be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts
of war, or any other conditions beyond the reasonable control of a party.
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RFP 1136 — Parking Citation Processing Services
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of
two (2) years, ending on February 28, 2011 and can be renewed on an annual basis for three additional
one year periods, unless previously terminated as provided herein or as otherwise agreed to in writing by
the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling,
suspending or abandoning the execution of all or any part of the work contemplated by this Agreement,
with or without cause, at any time, by providing written notice to Consultant. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such
termination, Consultant shall immediately stop rendering services under this Agreement unless directed
otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs
incurred and professional services satisfactorily performed up to and including the date of City's written
notice of termination. Compensation for work in progress shall be prorated as to the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein. In
ascertaining the professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in progress, to complete
and incomplete drawings, and to other documents pertaining to the services contemplated herein whether
delivered to the City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents prepared by
Consultant in its performance of this Agreement including, but not limited to, finished or unfinished
design, development and construction documents, data studies, drawings, maps and reports, shall be
delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to
City. Any use of uncompleted documents without specific written authorization from Consultant shall be
at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the
life of this Agreement all of the following insurance coverage:
a) Comprehensive general liability, including premises -operations, products/completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit
of not less than One Million Dollars ($1,000,000.00), combined single limits, per
occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California.
d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less
than One Million Dollars ($1,000,000.00) combined single limits, per occurrence and
aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be
endorsed to contain the following provisions:
54
RFP 1136 — Parking Citation Processing Services
a) Additional insured: "The City of Costa Mesa and its elected and appointed boards,
officers, agents, and employees are additional insured with respect to this subject
project and contract with City."
b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage
reduced, until thirty (30) days after written notice is given to City."
c) Other insurance: "Any other insurance maintained by the City of Costa Mesa shall be
excess and not contributing with the insurance provided by this policy."
5.3. Certificates of Insurance: Consultant shall provide to City certificates of insurance
showing the insurance coverage and required endorsements described above, in a form and content
approved by City, prior to performing any services under this Agreement.
5.4. Non -limiting: Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Consultant may be held
responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties
with respect to any matter referenced herein and supersedes any and all other prior writings and oral
negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the
time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in
any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of City for
purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of
the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to
issue all consents, approvals, directives and agreements on behalf of Consultant called for by this
Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant
in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it
and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning
this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall
be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time
of delivery if such communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
6.5. Drug -free Workplace Policy. Consultant shall provide a drug -free workplace by
55
RFP 1136 — Parking Citation Processing Services
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit " A "
and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in
Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for
immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this
Agreement, the prevailing parry shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the
State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of
any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive
venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet
or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach
of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no
subletting or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold
harmless City and its elected and appointed officials, officers, and employees from any and all claims,
liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or
persons or damages of any nature including, but not by way of limitation, all civil claims or workers'
compensation claims arising out of or in any way connected with the intentional or negligent acts, error or
omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent
contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for
any and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be performed
hereunder.
6.11. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant
or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole
property of City. Consultant agrees that any such documents or information shall not be made available to
any individual or organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole
risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless
Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or
resulting from City's use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio
tapes or any other Project related items as requested by City or its authorized representative, at no
additional cost to the City.
6.12. Public Records Act Disclosure. Consultant has been advised and is aware that all reports,
documents, information and data including, but not limited to, computer tapes, discs or files furnished or
prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public
disclosure as required by the California Public Records Act (California Government Code Section 6250
56
RFP 1136 — Parking Citation Processing Services
et. seq.). Exceptions to public disclosure may be those documents or information that qualifies as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or
responsible for the disclosure of any trade secret including, without limitation, those records so marked if
disclosure is deemed to be required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results under
this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be
required by the City's representative, regarding any services rendered under this Agreement at no
additional cost to City. In the event that an error or omission attributable to Consultant occurs, then
Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant
professional services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.14. Prohibited Employment. Consultant will not employ any regular employee of City while
this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the
attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement
incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part
of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this
Agreement and those of any such provision or provisions so incorporated by reference, this Agreement
shall govern over both the Response and the RFP and the Response shall govern over the RFP.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as expressly
provided herein.
6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of
City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this
Agreement and no third parry shall have any right in, under or to this Agreement.
6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are
included solely for convenience and are not intended to modify, explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of this
Agreement.
6.19. Construction. The parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this
Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any parry by
virtue of the authorship of any of the provisions of this Agreement.
6.20. Amendments. Only a writing executed by the parties hereto or their respective successors
and assigns may amend this Agreement.
6.21. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of
those rights to require such performance or compliance. No waiver of any provision of this Agreement
shall be effective unless in writing and signed by a duly authorized representative of the party against
57
RFP 1136 — Parking Citation Processing Services
whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence
or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event,
nor shall any waiver constitute a continuing waiver.
6.22. Prevailing Wage. Consultant shall comply in all respects with Title 40 U.S.C. Section
276a, also known as "The Davis -Bacon Act," where Federal government funds are involved and
Consultant shall also comply in all respects with California Labor Code, Sections 1770 et seq., including
the keeping of all records required by the provisions of Labor Code Section 1776.
Contractor who is engaged in the construction, prosecution, completion or repair of any public building or
public work, or building or work financed in whole or in part by loans or grants from the Federal
government, shall furnish each week to City a statement with respect to the wages of each of its
employees during the preceding weekly payroll period.
6.23. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any other
circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial
benefit of the bargain for any party is materially impaired, which determination as made by the presiding
court or arbitrator of competent jurisdiction shall be binding, and then both parties agree to substitute such
provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original. All counterparts shall be construed together and shall constitute one
agreement.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing
so; the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Mayor of the City of Costa Mesa
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk
Date
Date
March 23, 2010
CITY OF COSTA MESA
77 FAIR DRIVE, P.O. BOX 1200, COSTA MESA, CA 92628-1200
FINANCE DEPARTMENT
PURCHASING
Addendum #1 — RFP 1136
Request for Proposals for Parking Citation Processing Services
The following changes and updates are to be included into the request for proposals
for RFP 1136 as a result of the pre -proposal meeting of March 18, 2010. As a
reminder, proposals are due on Thursday, April 8, 2010 at 3:00 p.m. in the City
Clerk's Office.
Offerors are encouraged to submit written questions, via e-mail, at least ten days
prior to the Request for Proposal due date to the Purchasing Supervisor.
Page 10 - PAYMENT PROCESSING; Second Paragraph Clarification —
"Contractor is to pick up the mail from the post office at least once per day, and sort
and batch all incoming mail by postmark date for payment posting."
Change to "Contractor is to pick up the mail from the post office at least once
per day, Monday — Friday, excluding City holidays, and sort and batch all
incoming mail by postmark date for payment posting.
Page 19 - 22 J. EQUIPMENT & FORM SPECIFICATIONS - HAND HELD
CITATION WRITING UNITS (be -ginning on page 19) The following replaces the
pages in the RFP.
HAND HELD CITATION WRITING & PRINTER UNITS
Contractor shall provide the City with four (4) hand-held citation -writing & printing
units, small and easy to use. The handheld computers shall meet the following
minimum technical requirements:
• Each citation writing unit and printer unit should function as a single unit
• The complete unit should be light weight and ergonomic
• Readable and usable in all weather conditions
• Drop durability of 1.2 meters
• Operating temperature of -4°F to 122°F.
• Complies with the IP54 rating for dust and water -splash protection
• Display should be at least 3.5 inch color touch screen
• The ticket writer must include a real time clock that displays time in
hours,minutes, seconds, date should be displayed in day, month and year
• The ticket writer must have an alarm that warns user of "battery low" with
sufficient time to remedy the problem.
• Optional ability - Photo taking capability to record violations and associate the
photo with the citation issued (desirable functionality)
• Communication should be possible through City computers
• No loss of data while transferring data from handheld to server
• Thermal printer
• Bluetooth capability
• All automated citations must be standard size and meet the requirements for
the type of printer proposed
• Citations shall fit unfolded into an envelope accepted by the U.S. Postal
Service for first class delivery requirements
• Memory in units should have capacity to hold up to 100 tickets, the memory
should be sufficient for programs, files, and hot car list citations as well as all
contact information, emails (if configured for email), documents and
photographs
• Both printer & ticket writer should charge together as a single unit using only
one electrical plug
• The unit must have power sufficient for a nine (9) hour shift
• Citations should print instantaneously
• Customizable programming
Handheld ticket -writing units shall be programmable and shall be able to
produce citations that meet the format requested by the City and must meet
at least the following:
a) Support industry standard data fields such as license number, VIN, etc.,
b) Include a Four Digit VIN Field,
c) License number is the first information entered in issuing a citation,
d) Drop down lists when possible, including a full bail table with codes and
descriptions,
e) Support pre -defined comment codes and free -form comments,
0 Supports standard location codes, descriptions,
g) Meter number,
h) Up to three violations per citation,
i) Citations can be reprinted.
Each unit shall be capable of daily downloading to the Parking Citation Management
System and ultimately to the contractor's computer system via the Internet without or
with little assistance from the City.
Units shall be capable of storing and displaying information, including a listing of
habitual offenders and additional license plates with information pertaining to them.
The units shall have drop down lists wherever applicable, with complete City control
of these lists.
All lists shall be up -loaded from Contractor's database; other tables may include
violation codes and fines; street names; vehicle makes, models and colors; officer,
route information and remarks.
Contractor shall program handheld units in a manner acceptable to the City.
Programming shall include, but may not be limited to violation codes and fines,
street names, vehicle makes, models and colors, officer information, route
information and remarks.
2
All City computers shall be able to interface with Contractor's computer system via
the Internet.
The Contractor's computer system shall allow the City to search the system for
citation records by citation number, license plate number or registered owner's
name.
AUTOMATED CITATIONS
Contractor shall provide handheld citation writing units for lease or purchase,
charging racks lease or purchase, and automated citation forms, envelopes, and
weather resistant bags. Handheld ticket writing units will be programmable and will
be able to produce citations that meet the format and layout requirements provided.
Handheld units shall generate citations on partially pre -preprinted, forms that can
easily be fed through.
All automated citations must be the standard size and meet the requirements for the
type of printer proposed. The paper shall be a minimum of twenty pound (20#)
weight.
All automated citations issued shall contain a scan line that contains a citation
number, amount of citation (total amount to be paid if more than one violation is
indicated on citation).
The City reserves the right to designate and approve the content and format of the
information that shall be pre-printed on all citations. City reserves the right to
designate and approve content and format of information that shall be imprinted by
automated citation issuing units.
The City remittance address shall be pre-printed on the back of each citation, and
shall include post net bar coding that includes the city, state and ZIP plus four (4)
code, in a format that can be recognized by the U.S. Post Office.
Contractor shall provide remittance envelopes with each automated citation that
shall accommodate an unfolded citation and personal check. In case of inclement
weather, the Contractor shall also provide weather resistant bags that shall
accommodate an unfolded citation and envelope. The envelopes shall either
contain a window through which the City's remittance address shall be clearly
visible, or shall be pre-printed with the City's remittance address.
All envelopes shall include post net bar coding that includes city, state and ZIP plus
four (4) code, in a format that can be recognized by the U.S. Post Office.
AUTOMATED CITATIONS - SOFTWARE
Contractor shall provide handheld citation writing equipment, software necessary to
produce the citations, sync the tickets to a local host computer, transfer the tickets to
the citation database, syncing hardware units and citation forms.
The City shall be able to change the order in which the data is entered. Software
should allow for import to the Ticket Writers of a habitual offenders file. Software
should allow for export of citation data in any format requested by the City.
3
WARRANTYAND MAINTENANCE
�j
Leased Hand heldslHardwarelexce t purchased handholds Contractor shall be
responsible for any failure of the hardware during the term of the contract.
Contractor shall be responsible for the maintenance and repair of all equipment.
Physical damage to the device due to misuse will be the responsibility of the City to
replace at the actual cost of replacing the hardware from the manufacturer.
(Purchased Handhelds) Any failure of the purchased handhelds occurring through
normal use of the device must be covered for one year. Physical damage to the
device due to misuse or accidental breakage will be the responsibility of the City to
replace at the actual cost of replacing the hardware from the manufacturer. Any
stolen or lost hardware will also be the responsibility of the City to replace at the
actual cost of the hardware from the manufacturer.
Page 24 PAYMENT REDUCTION Number 3. The requirements for payment
reduction will remain the same. This provides the City with the- option of requesting
liquidated damages if the handheld ticket writer should malfunction and provides
direction on how that can be applied. By leaving this in the solicitation, the City feels
the equipment offered will be the most efficient and effective equipment and that this
will be a non issue.
Pa - a 46 COST PROPOSAL. w Clarification an instructions for the Cost Proposal,
"Confirm the following services are provided at no cost, if a cost is associated,
please check the 'No' column and provide a cost. If a service is not available, please
check the 'No' column and enter "Not Available" in the Explanation column.
Change to "Confirm the following services are included in the price or are
provided at not cost by placing a check in the 'YES' column. If a cost Is
associated, please check the 'NO' column and provide a cost. if a service is
not available, please check the `NO' column and enter "Not Available" in the
explanation column."
Page 46 -- ESCROW ACCOUNT BANKING — Currently the City is not using an
escrow account for refunds, however if your company is able to provide this, please
provide the information for future consideration if the City chooses to utilize this
service.
Please sicin this addendum sheet and return as part of your bid submittal.
Company name:
Data Ticket, Inc.
Representative name (print): marjorie A. >~
Representative signature: _ A
Date: 4 / 5 /1 o
Debbie S. Casper, C.P.M., CPPB
Purchasing Supervisor
4
EXHIBIT B
RESPONSE AND SCOPE OF SERVICES
12 Data Ticket, Inc. Rev. 06/2010
DATA N
TICKET ``c.
REVEIIUEN
EXPERTS
U�
Campus Drive, 5uh 200
�v�par Beach, CA 0666
H 888.752.051 � .. •. ' :.<
fax 949.75i.&33
www,dataticket coin
April 7, 2010
City of Costa Mesa
Ms. Debbie Casper, C.P.M., CPPB
Purchasing Supervisor
Attn: City Cleric's Office
77 Fair Drive, 1st Floor -- Room 100
Costa Mesa, California 92626
Dear Ms. Casper,
Data Ticket, Inc. appreciates the opportunity to respond to the
Request for Proposals for Parking Ticket Citation Processing
Services for the City of Costa Mesa, (Proposal No. 1136) and
responds positively to all requirements therein. Data Ticket
concentrates all its resources on providing superior parking and
administrative citation processing and service to public agencies
like the City of Costa Mesa. For over 21 years we have been
providing on-line California DMV access and nationwide access for
out of state DMV information, holds and releases, daily and
delinquent collections, adjudication scheduling and services,
handheld ticket writers and Franchise Tax Board interface for
collections through the Interagency intercept Program, as well as
third party collections. In summary, Data Ticket, Inc. provides a
complete scope of services from which to choose and outstanding
management services that we have spent years enhancing and
upgrading.
We are committed to producing maximum revenue recovery,
professionally and respectfully. Data Ticket provides a one
hundred percent web based citation management solution that
allows the City and the City's citizens access 2417. This is optimal
for the City of Costa Mesa because there is no application to install
or maintain and it enables the City's patrons to view, pay for and
appeal their citations online, 2417. The website also provides the
Cities patrons with standard FAQ'S that provide information on
"how to and why". We find that better educated citizens equate to
better compliance and cooperation for the City.
Data Ticket will provide the City of Costa Mesa the ability to view
and interact with the City's data real-time via any web browser. If
the City's personnel wish to interface with the data, they have the
option to enter citations, enter payments, place voids, holds,
dismissals and reductions, or simply enter a note regarding the
citation or registered owner. Our system offers the flexibility to
define what each user on the system has the ability to do.
Data Ticket allows for payments made online via the web, via our
customer service representatives, and via our IVR system. These
payments are updated to the system real-time. The City of Costa
Mesa's citizens will have confidence when making payments
online that our website provides the highest degree of security
because it is certified as PCI (Payment Card Industry) compliant.
Our goal is to allow the City to choose the level of interaction that
works best for the available City staff?
In addition, Data Ticket offers a comprehensive adjudication
solution that is online for the City. This allows the City personnel to
place cites on hold, schedule reviews and hearings, enter
judgments, print and reprint decision letters and view appeal
history that is conveniently attached to each citation. Our
adjudication services have been in place since California law
changed the appeal process for parking citations in 1993 and are
widely used and highly respected. In addition, online requests for
1st level reviews and 2nd level hearings are processed real-time,
i� allowing the City of Costa Mesa's citizens to by-pass a traditional
mail system and save time and money using the online option.
In addition to being online with California DMV, we are also online
with the Ohio, Florida, Oregon, Washington, Maryland, New York,
Pennsylvania, New Jersey and Texas Departments of Motor
Vehicles and we provide access directly to all other DMV's
nationwide that allow access, as well as providing 48-hour
turnaround service by using a service provider's database
procured directly from the DMV's. These options enhance -the
DMV information we provide for our clients and significantly speed
up the noticing capability, thereby increasing the flow of paid
citations for our Clients.
Our well- trained customer service department offers a 100%
dedicated bi-lingual staff that politely and professionally
encourages citizens to make prompt payment, using exceptional
interpersonal skills received in ongoing customer service training
classes. Additionally, they receive ongoing CVC and specific City
education.
Data Ticket provides a bi-lingual interactive Voice Response (IVR)
phone service that allows the City's citizens who prefer to call, the
opportunity to pay or determine the status of their citation 24/7.
This approach produces revenue from those citizens who, upon
receipt of citations or delinquent notices, have questions or
concerns, but prefer to use the phone rather than going to the
internet or using the mail. Finally, to ensure the finest customer
service available, all customer service phone calls are recorded by
a state of the art call -recording system for quality assurance. Each
recorded call is stored on the server with the client's name, citation
number and an internal reference code. This provides us with the
ability to send recorded calls via email to our Clients should the
need arise.
Data Ticket is committed to being environmentally friendly. Over
two years ago we implemented an initiative to provide all reports to
our clients electronically. As a result, all reports are available
online and can be exported to a third party application, such as
Excel, for additional manipulation. In addition, the City has the .
option to download the reports to your network for storage and
future reference or you can choose to leave the reports on the web
interface where they will remain as long as the City remains a
Client.
We have reviewed the services required to provide the City of
Costa Mesa with exceptional service and certify that we
understand and are fully capable of providing all of these services
at the highest level. Data Ticket is a vertically integrated
corporation. No subcontractors will be used. Data Ticket, Inc. has
had the privilege of serving many California Agencies and many
Agencies nationwide over the past twenty-one years and has
received excellent recommendations from them all for
communication, responsiveness and quality service. We have also
had the privilege of providing these services for the City of Costa
Mesa and respectfully request the opportunity to continue this
partnership.
The individual authorized to negotiate and bind the firm
contractually to all statements in this proposal, is Marjorie A.
Fleming, President. Data Ticket, Inc. is a California Corporation, a
California Certified Small Business Enterprise and a California
Certified Woman -Owned Business. Certificates have been
included in Section 15 for your review. This proposal is valid for
ninety, (90) days, unless mutually extended.
It is important to mention that in an economy that has been weak
at best, Data Ticket owns all of its equipment and software and is
fiscally conservative and strong. We have no loans or lines of
credit and provide our own working capital. This translates into a
stable, financially responsible corporation that is able to provide
longterm solutions for its Clients and provide consistent growth in
the industry.
Questions regarding this proposal should be directed to Marjorie A.
Fleming, President, at Data Ticket's legal headquarters, which is at
the following address:
Data Ticket, Inc.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
949-752-6937 ext. 310
949-752-6972 -- fax
MFleming aODataTicket.com
We believe after review of the enclosed proposal, you will agree
that Data Ticket, Inc. is the most qualified partner to provide the
professional, focused service necessary for superior citation
processing, collections, customer service, DMV interface and to
provide state of the art electronic handheld ticket writers that will
be completely supported, upgraded, maintained, repaired and/or
replaced by Data Ticket.
U
If there are additional questions that arise after reviewing this
proposal, please do not hesitate to request clarification. We look
forward to the opportunity to continue providing excellent service
and maximizing the parking revenue for the City of Costa Mesa.
Best regards,
MarjcrieA\yfleming
MAF/rl
RFP [ 136 — Parking Citntion Pimessing Servicca
OFFEROWS INFORMATION
U Please complete andlor provide all requested information. Incomplete offers may be rejected.
If the proposal is by corporation, state the names of the officers who can sign an agreement on
behalf of the corporation and whether more than one officer must sign. If the proposal is by a
partnership or a joint venture, state the names and addresses of all general partners and joint
venture parties. If the respondent is a sole proprietorship or another entity that does business
under a fictitious name, the proposal shall be in the real name of the respondent with a designation
following showing "DBA (the fictitious name)," provided however, that no fictitious name shall be
used unless there is a current registration with the Orange County Recorder.
The undersigned, as respondent, declares that all documents regarding this proposal have been
examined and accepted and that, if awarded, will enter into a contract with the City of Costa Mesa.
Legal Name; Data Ticket, Inc.
Address: 4600 Campus Dr., Suite 200, Newport Beach, CA 92660
Telephone: (949 ) 752-6937, ext. 310
Area Code
Federal Tax I.D. Number: 93 -1010 811
Fax: (949 ) 752-6033
Area Code
Incorporated: Yes x No
Legal form of company: (partnership, corporation, joint venture) Corporation
If company is wholly owned subsidiary of a "parent company', identify the "parent company".
Vendor Contact Person:
Marjorie A. Fleming
E-mail address: mfleminggdataticket . com
Contractor must possess a Costa Mesa business license prior to contract award.
1. length of time your firm has been in business;
2. length of time at current location: 17 Years
21 Years
3_ Type, number and city of business license(s): Newport Beach
4. Normal business hours: S : 0 Q a.m. to 5 = 00 p.m.
41
Rf P 1136 — Furking Cilntion Processing Services
REFERENCES
Describe fully the last three contracts performed by your firm that demonstrate your ability to
J provide the services included with the scope of the specifications. Attach additional pages if
required. The City reserves the right to contact each of the references listed for additional
information regarding their experience with your company.
..J
Customer Name
City of Claremont, CA
Contact Individual
Gary Jenkins, Captain
Telephone & FAX number
909-399-5418/909-399-5439
E-mail
gjenkin9@ci.c1aremont.ca.us
Address
570 W. Bonita Ave., Claremont, CA 91711
Description
Daily & Delinquent in -state & out-o£-state chat on pro -
of services
ceaaing, PTH collections, DMV interface for registered
provided including contract
owner information, holds & releases, electronic Ticket
amount, when provided and
Writers, cuatcmer service, banking servioes, including
project outcome
daily deposits, NSP processing, credit card disbursement, refun
uancraec Hmounu - �-3 r, u5a.UU, rro]eec ccome - r1— - —cJ.—H
Customer Name
Redondo Teach, CA
Contact Individual
Diana Moreno, Financial Services Director
Telephone & FAX number
310-372-1171/310-937--6616
E-mail
diana . moreno@redondo _ org
Address
415 Diamond St., Redondo Beach, CA 90277
Description of services
Daily & Delinquent in -state & out-of-state c tation pro -
cessing, FT0 collections, 3rd party collections, DMV interface
provided including contract
for registered owner information,` holds & releases, customer
amount, when provided and
service, banking services, including daily deposits, N9P pro -
project outcome
ceasing, credit card disbursement, refund processing and credit
contract Amount - $175,250.00, Project outcome - 4/93 - ongoing
Customer Name
City of Cypress, CA
Contact Individual
Robert Cote, Sergeant
Telephone & FAX number
714-229-6624/714-229-6720
E-Mail
rcoteaci.cypress.ca.us
Address
5275 Orange Ave., Cypress, CA, 90630
IFITy& lellnglIQU ..n-a a e& ou -o -s s e clEatian pro-
D escd ptio n of services
ceasing, FTH collections, Appeals - both reviews & bear -
provided including contract
ings, electronic Ticket Writers, DMV interface for r-egie-
amount, when provided and
tered owner information, holds & releases, customer ser-
et outcome
vice, banking services including daily depoulL'e, N9F processing
proje
credit card disbursement., refund roceesiu & credit card char
back processing
Contract Amount - $18,876.00, Project Outcome - 9/99 - Ongoing
42
Data Ticket, inc. City of Costa Mesa
4600 c;"ar"P s Drive, Suito 200 processing SoFvic(w.Z
Ne)mport Beach, CA 92660 Proposal No— 1136
�-� DATA TICKET'S QUALIFICATIONS & EXPERIENCE
(14FP page 40, item 6)
Data Ticket, Inc. is a California Corporation that provides parking citation
management services for Cities, Counties, Universities, Districts and other Public
entities nationwide. Data Ticket was incorporated in California in 1989. We
provide expertise to ensure that citations get processed and collected in a timely
manner for over 200 Agencies, nationwide, including the City of Costa Mesa.
Data Ticket is located in Newport Beach, California and employs 40 full time
individuals. Our offices are always open to our clients and we encourage in -
person communication on a regular basis, Data Ticket, Inc. is a California
certified Small -Business Enterprise and a California certified Woman -Owned
Business Enterprise.
Data Ticket, Inc.'s collection techniques reach out assertively, yet respectfully, to
ensure maximum parking revenue recovery. Citizens are treated politely and
professionally, thus producing a win -win situation. For over 21 years our clients
have found parking revenue has dramatically increased and issues have
decreased using our secure, proprietary, 100 % web -based citation management
solution.
Providing access to our clients and their citizens is of primary importance
because it encourages communication between all interested parties,
transparency in the data processing to our clients, and prompt payment by
citizens. Data Ticket offers the City and the City's citizen's access to their
citations via the web, IVR, and via a bi-lingua[ customer service department.
Citizens have access to lookup their citation(s), pay for their citation(s), get
specific information about their citation(s), appeal their citations and attach
supporting documentation and print a receipt; all online and all via real-time data.
in addition, the City's citizens will have access to a toll -free, bilingual customer
service department who will answer general and specific questions about each
citation and will accept payment over the phone via a real-time interface. Finally,
the City's citizens will also be able to submit payment and appeals to the City or
to Data Ticket via mail or in person at the City. All of the types of access we allow
are intended to make the process simple for the City's citizens so they pay their
citations in a timely manner.
Access to the data for the City's personnel is equally as important as is access
for the City's citizens. We provide online access to our clients to lookup citations,
enter notes on citations, process voids, dismissals, reductions, refunds, refund
requests, view online reports, print receipts and process and review the
adjudication process. Each capability is provided based on the level of access
each person is given. For example, if you want only specific individuals to
perform specific functions, our system can accommodate that.
Data Ticket allows for real-time processing of payments via VISA, MasterCard,
t and Discover. Credit card payments are accepted online, via phone with a
Data Ticket, Inc. ' City of Costa Mesa
4600 Carni'mc; DrIve, 'Suite 2400 Ptip"mng .,rid::ket (itati(-m Processing 11'cr'vic s
customer service representative or using our state of the art IVR system or via
paper. Website payments are updated in the system real-time, as soon as they
are authorized and accepted by the bank. Payments are immediately updated to
the citation records and receipts can be printed verifying payment for the payer.
We are Payment Card Industry (PCI) certified and submit to both quarterly,
scheduled scans of our database as well as unscheduled, scans, thus providing
the ultimate security for our Clients as well as their patrons. Our website offers
each client the ability to view and/or interact with each citation as desired. There
is no fee to the client for expenses associated with this service.
We also offer all adjudication services via our online appeals website. This sets
us apart from other vendors as we actually allow the City's citizens to place their
citation on. hold and submit their full explanation and attach backup
documentation via the web. This allows patrons to appeal their citation(s) online
only if they are eligible to appeal based on the rules set forth by the City and the
state of California. Once the appeal is submitted, either online or via U.S. Mail, it
is scheduled for either a, review or a hearing with a certified, independent hearing
officer. These individuals review or hear the cases and enter judgments that
automatically mark the citation and generate written notification of the results.
This notification informs the appellant of the decision and provides'additional
information if the individual wishes to continue his/her appeal and/or refund
information and/or court filing instructions, depending on the appeal decision.
Our online reporting provides daily, weekly and monthly reports via the web.
These reports can be saved to the City's network, copied into Excel for additional
manipulation as the client. wishes or they can simply be viewed. These reports
are available to the City as long as the City is a client_ In addition, when the City
needs ad hoc reports or additional data, Data Ticket will provide that at no cost.
Data Ticket is experienced at working backlog and delinquent citations, which all
agencies seem to have. We have years of experience collecting from "old
databases and citations", and we do it carefully and professionally, with the
utmost care given to the agency image and collection attitude. Since 2002 Data
Ticket, Inc. has been offering additional collections through the Franchise Tax
Board's the Interagency Intercept Program on behalf of its clients in order to
provide an additional opportunity for collection of delinquent California debts.
Debts such as parking fines, municipal code and administrative fines, etc. are
eligible to be collected through the program. Many of our agencies have been
participating in this program since we began offering this interface and they have
all been impressed with the return rate on collections from this submission.
As a final collections option, Data Ticket works with a third party collections
agency for those clients interested in this method of collections.
Data Ticket offers a selection of electronic handheld ticket writers for its clients
' on both a purchase or lease option. Some of these units include the capability of
Data Ticket, Inc, City of Costa Mesa
4600 cam(',kl@.`. i.e9s.M-, ,: uitG .r:t7S. �i�;iRi9Cj R :�' `: 4,rf'�cd if?Cl R"z}hi: S�t44C� xt:y'1iSi:: S
taking images that are then included with the citation file. These images are a
great help when an appeal is entered. They are attached to the citation online
and available for both the City and Data Ticket to review.
Benefits of Doing Business with Data -Ticket
Data Ticket offers a unique set of processing capabilities that set us apart from
our competitors to give each of our clients a head start on collecting as much
parking revenue as possible, while maintaining a professional working
relationship that delivers for our clients.
Some processing capabilities that set us apart from our competitors are:
• While most of our competitors have an iVR (integrated Voice Response
System) that allows citizens to pay 24/7, none have a call recording
application that will allow recorded calls to be sent to the City. Our system
records all inbound and outbound customer service calls as a digital recording
that can then either be emailed or placed on any form of media to be sent to
our clients.
• We make a minimum of 5 attempts to obtain a registered owner from all
DMVs; this sets us apart from our competitors, as they will make a single
attempt to obtain a registered owner. We make multiple attempts because if a
registered owner is not obtained, the City is left to hope the registered owner
pays since no notices can be sent without the registered owner.
• Data Ticket also makes a minimum of 5 attempts to place a DMV Hold on a
CA Registration (most vendors attempt to place a hold once, rather than
continue to attempt; since the City is not charged by DMV for attempts, there
is no point not to try to place holds continually); which increased collection
rates for those individuals who will pay for their citation when registering their
vehicles
• Data Ticket sends a minimum of 1 Daily (Courtesy) notice and 3 Delinquent
Notices; often times other vendors will state they do "Special Collections';
However, that does not involve sending out 3 notices at no cost to the City,
nor does it involve customer service so you will often see a "Hand -
Processing" charge
• Data Ticket performs all data entry tasks onsite. As we are a vertically
integrated company, we do not send out citations or payments to be keyed by
a third party. This sets us apart from some of our competitors and is a benefit
to the City as it expedites the data entry process and it eliminates any
potential for lost data
• Data Ticket does not share employees across Departments; for example our
Customer Service Department staff only answer the phones, they do not
perform data entry tasks; this is a huge benefit to the City of Costa Mesa as it
means each staff member has been well trained and is an expert in their
individual field. It also means that we have adequate resources in each
department who are focused on exactly the type of work for which they were
/� hired.
l�
Data Ticket, Inc. City of Costa Mesa
€ 0G Campus a y.7 "E�t , p4$d� [!/? .?17 .k � ]P� [EEC Tit-:kP� Citati n f4i'i`: r.+—Fi sing �1uSf?B'ilnSg F.,+
Newport LR9.'4�{ ,,h, C�� 9 2i� (ifl; .' $%'f�i�L"3�tiir�� �� o, 1 7 iG
a
Data Ticket does not include a CPI charge that increases your prices
annually. This is beneficial to our clients who will not have to budget such
increases annually.
Data Ticket actually performs 1 st Level Reviews for the City, rather than just
accepting each review request, and sending them to the City for the City's
personnel to read them and enter judgments. This benefits the City by
eliminating the majority of the work required of the City.
Data Ticket allows the City's citizens to request a review and a hearing online
and attach up to three pieces of supporting documentation. This sets us apart
from our competitors who allow citizens to request a review or hearing online
by completing a form that must then be sent in via mail. Our system allows
citizens to complete the necessary forms online and send their supporting
documentation real-time, thus expediting the process and ensuring the
citation has been placed on hold in a timely manner.
Data Ticket offers independent Hearing Officers who conduct 2nd Level
Hearings on -site, over the phone, and via writing, This means the City will be
in compliance with state Law and it will eliminate this portion of the work for
the City, including customer service that often accompanies the adjudication
process.
Data Ticket is a multi -state vendor, meaning we acquire. DMV information
from all states that allow access and we provide service for clients in the state
of California as well as out of the state. This is beneficial to the City because
we have a broader understanding of parking across the United States which
provides a broader perspective from our combined experience to bring the
most efficient processing and collection services to each client.
Data Ticket is the only woman -owned and small business certified, California
Corporation that offers parking citation processing and collections services.
It1711 1136 Parking Uilll,ion Prnucssm; Sendevs
I
PROPOSAL QUESTIONS
Please submit your answers to the following questions as part of your proposal.
Daily Collections
1. Do you send a Courtesy Notice? x Yes No
Thie notice will be Eaent on the 27,.nd day aft-er issualice date per CVC or as anon as the cite z-s entered in the
aystem and a registered owner in retrieved.. Afl.er that date, each citation is handled individually, there it
no bziCch proceRsi.ng to nand notices.
Delinquent Collections
At leant k de:l.i.ngi,ettL nati.anN iir. amnL m- no .'harSc. lit the evnut a llegistered Owner is
2. Number of notices sent?'banged, Data Ticket. will. re-ts l:zrC Lhe noticing .and r4dild an iidd tonal A notices r..o the
updated registered owner at no en;1L. It I:hn City parLtcipaten in FTB.promssing we will send a 5t1i nnti-ce.
3. Define when your company sends delinquent notices and the criteria used to determine
delinquency? Each ,.tic. i. a.nt eased on the Lillie-fralne dei:ined by the City. . There is no hatch
procesning h:A each not'ire .1.d vent individually.
California DMV
4. Provide the number of attempts per citation your company makes to obtain registered
owner information. Data Ticket iluakes a minimum of 5 attompt5 to obtain tegist.ered owner
information„ more than anyone in tine industry.
5. Are you online with the CA DMV? Yes
6. How many times a week does your company obtain registered owner information? Daily
7. How many times a week does your company place holds? Daily
8. How many times a week does your company place releases? Dail
9. Does your company have the ability to perform individual lookups? Yes
Out of State DMV
10. Provide the number of attempts per citation your company makes to obtain registered
owner information. same as ''California DMV11, see above, a. minimum cf 5 attempt..s.
11. List the states your company is currently Online with. CA, A2, FL, IL, MD, W, OH, OR, PA, TX, WA
12. List the states your company currently obtains in a manner other than online. Al I othe,:S except NH
13. Do you use a third party company to obtain registered owner information? Yea
Office Information
14. Provide the address of the office where the City's contract will be serviced from.46oa camnt, V� . ,
Suica 200, Newport Beach, CA 926CO
15. Number of full time employees in the office that will service this contract. 40
RFP 1136 —Perking Chatinn Processing Services
SECTION VII. OFFEWCOST PROPOSAL
J' Responding to RFP No. 1136 for Parking Citation Processing Services, the undersigned
Offeror agrees to provide parking citation processing for the Police Department per the
specifications.
Offeror further agrees, in addition to the terms and conditions specified herein the following
terms and conditions that are a part of this bid and any resulting contract.
F.O.B. Point. All shipments shall be made F.O,B. destination, Costa Mesa, California. F.O.B.
destination indicates that the seller is responsible for shipment until it is tendered to the City of
Costa Mesa, even if the City of Costa Mesa agrees to pay for shipping and handling. The City of
Costa Mesa will allow freight charges, but only if they are indicated on this form. Freight shall be
shown separately on the line provided.
Signatures. All information submitted by Offeror, including signatures, must be original. Copies
will not be accepted.
Taxes. The City of Costa Mesa will calculate the California Sales Tax at 8.75% (Orange County
rate) on any consumables or taxable items and pay it to Successful Bidder(s) who are California
suppliers or out-of-state suppliers who are registered with State of California and who have the
appropriate California Seller's Permit_ The City of Costa Mesa will pay the State Sales Tax
directly to the State of California when the Successful offeror is not registered with the state to
collect it. The City of Costa Mesa is exempt from Federal Excise Tax.
Please quote your most competitive pricing, INCLUDING ANY GOVERNMENT OR CO-
OPERATIVE AGREEMENT PRICING. Offers that are not filled out completely will be ruled
nonresponsive and will not be evaluated. Offeror is to complete and include all
re uested information including signatures, and return all pages of the bid as the bid
submittal.
"PIGGYBACK" CLAUSE Contractor shall inc
terms, and conditions of his offer to other pul
response to this question will not be considered
the prices, terms, and conditions of.this offer
between Contractor and the other agencies,
responsibility or liability for the contracts.
licate below if he will extend the same prices,
Ac agencies: X Yes No. Contractor's
in award of offer. When the Contractor extends
to other public agencies, the contract shall be
and the City of Costa Mesa shall bear no
Credit Card Payment: Will payment be.accepted via commercial credit card for the City's
monthly charges? X Yes _No
Discounts: The following discounts will be considered in award of this solicitation.
Payment Discount: Discount for payment of invoice within 20 days of receipt is: c %,
Payment discounts of 20 or more days will be considered in award of bid. The City of Costa
Mesa will not take discounts that are not earned.
Term of Offer: It is understood and agreed that this bid may not be withdrawn for a period of
ninety- (90) days from the Bid Submittal Deadline, and at no time in case of successful Bidder. .
-�,__,, Bidder's Acknowledgement Of HisiHer Understanding Of The Terms and Conditions:
Signature below verifies that Bidder has read, understands, and agrees to the conditions
contained herein and on all of the attachments and agenda.
44
IZFT 1 136 .- Parking Outtion l'r(wessing Services
Independent Price Determination: I certify that this offer is made without prior understanding,
arrangement, agreement, or connection with any corporation, firm or person submitting a bid for
the same materials, supplies, or equipment, and is in all respects fair and without collusion or
fraud. I certify that I have not entered into any arrangement or agreement with any City of Costa
Mesa public officer. I understand collusive bidding is a violation of State and Federal law and
can result in fines, prison sentences, and civil damage awards. 1 agree to abide by all conditions
of this bid and certify that I am authorized to sign this be for the bidder.
Representations Made Under Penalty Of Perjury: The representations herein are made
under penalty of perjury. We hereby offer to sell the City of Costa Mesa the above item(s) at the
prices shown and under the terms and conditions herein, attached, or incorporated by
referenced.
OFFER
Offeror acknowledges by signing below that Offeror has read, understands, and agrees to the
conditions contained herein and on all of the attachments and addenda.
TO THE CITY OF COSTA MESA:
The Undersigned hereby offers and shall furnish the material or service in compliance with all
terms, scope of work, conditions, specifications, and amendments in the Request for Proposal
which is incorporated by reference as if fully set forth herein.
For clarification of this offer, contact:
U Da'ta Ticket, Inc.
Company Name
46Q0 Campus Drive, Suite 200
Address
Newport Beach, CA 92660
City e Zip
Signature of erso Aut on d to Sign
Marjorie A. leming
Printed Name
Marjorie A. Fleming
Name
MFIamingoDataTicket _ com
E-mail
949-752-9937 ext: 310
Phone
949-752-6033
Fax
President
Title
45
EXHIBIT C
FEE SCHEDULE
13 Data Ticket, Inc. Rev. 06/2010
COST PROPOSAL
All fees for service must be clearly identified in response to this RFP. For each item listed that is
riot included in the base price, provide the annual charge (if applicable) and the basis for the fee.
Pricing should be based on approximately 26,000 citations per year.
COST CATEGORY
DOLLAR AMOUNT OR EXPLANATION
Parking Citation Processing of Manual Citations
$0.88
(cost per citation
Parking Citation Processing of Electronic Citations
$0.70
(cost per citation
Confirm the following services are provided at no cost; If a cost is associated, please check the 'No' column
and provide a cost. If a service is not available, please check the 'No' column and enter "Not Available" in the
Explanation column.
COST CATEGORY
YES
NO
DOLLAR AMOUNT OR EXPLANATION
of Registered Owner Information
✓
-Acquisition
Notice sent
✓
-Courtesy
Follow up courtesy notice if responsible party is
changed
J
Processing of bad addresses or undeliverable
mail
✓
Manual Payments keyed
V
Refunds processed
Vol
21ans processed
V
-Payment
plan letters sent
✓
-Payment
for all mailings
✓
-Postage
Live customer service department available from
& a.m.-5 p.m. Pacific Standard Time)
✓
IVR available to take payments, 24I7
✓
Call recording on all inbound and outbound
customer service calls
✓
Website available for information and payments,
24/7
✓
_FJ:
ESCROW ACCOUNT BANKING
DOLLAR AMOUNT OR EXPLANATION
Please provide a detailed cost for each of the below listed items:
Monthly cost
$0.00
Issue refund checks
$5.00
Pay county and state taxes
$0.00
Process NSFs and send NSF letters
$5.00
Process Credit Card char ebacks
$0.00
Postage for all mailings
$0.00
Confirm the following services are provided at no cost, if a cost Is associated, please check the
"No" column and provide the cost If a service Is not available, please check the "No" column and enter
"Not Available" In the Explanation column.
OUT OF STATE COLLECTIONS
YES I
NO*
DOLLAR AMOUNT OR EXPLANATION
Out of State Collections
25% of collections from Out of State
citations wilt be charged
Ac uisition of registered owner information
✓
Provide the number of attempts per citation your
Data Ticket attempts to retrieve a registered
company makes to obtain registered owner
owner a minimum of 5 times from each DMV
information
✓
46 RI 11 1 13G Perking ('italion Prnccwing Scrviccs
DELINQUENT COLLECTIONS
28% Of collections only
OR
City may add an administrative fee of $15.00
to each delinquent citation, effectively
making the citizen pay for the additional
collections. Data Ticket will accept this as
its fee for delinquent collections and the City
will receive the entire amount of the original
bail and all penalties
Provide the number of notices sent as part of the of the delinquent
1 courtesy delinquent notice and 3
I additional delinquent notices
-process
Are the following items included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
and notices for all mailings
J
-Postage
Processing of bad addresses or undeliverable
mail
Define any additional charges related to
Delin cent Collections
J
NONE
PARKING CITATION ADJUDICATION PROCESSING
Please provide a cost for each of.the below listed items:
Process and Perform Administrative Reviews for Cit
$D.36 per cite
Schedule and Process Hearings �
$D.DD per cite
Send all adjudication correspondence to the Citizen
$D.55 per piece ofcorrespandence
Send all adjudication packets to the Hearin Officer
NONE
Please provide any additional costs associated with the Adjudication Process
NONE
FRANCHISE TAX BOARD PROCESSING
Cost to obtain Social SecurityNumber:
$5.gQ per responsible party
Does the Company charge per Cite or per Res orrsible Party?
Per responsible party
of Collections:
1 5%
Are the following Items Included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
FTB Notice sent
keyed
'f
-Payments
Individual SSN look ups to confirm responsible
art
J
Live customer service department available from
Sam -5 m Pst
J
IVR available to take payments, 24/7
Call recording on all inbound and outbound
customer service calls
✓
Website available for information and payments,
2417
✓
HEARING OFFICERS
Hourly Cost for Hearing Officer.
$ 65.00 /per hour
Are the fallowing items included in the cost identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Company supply Hearing Officers?
►�
_Does
Is a minimum charged? If yes please explain.
Are in -person Hearings offered?
*�
Are written Hearings offered?
*�
Are toll -free hone Hearings offered?
✓
47 R I T 1 136 • Parking Citation Processing ScivicLs
HANDHELD UNITS
DOLLAR AMOUNT OR EXPLANATION
Provide Cost to purchase handheld unit (enter price er each unit
$2,670.00 per unit
Provide Monthly Lease rate per handheld unit (based on a 3-year
leaseperiod)
$ 100.00 13 years
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
At end of lease period, please indicate whether
the City owns the units
Provide Monthly Maintenance fee for each
handheld unit
✓
$ 50.001 per month per unit
Are the following items included in the cost
identified above:
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Replacement of unit within 48 hours or new or like
unit
✓
Automatic updates of bail schedules, officers,
locations, etc.
+�
NO*
_
SUPPLIES
YES
DOLLAR AMOUNT OR EXPLANATION
and cost of supplies for handheld units
-Description
Ticket Stock
TBD based on number ordered
TBD based on number ordered
-Envelopes
TRAINING AND INSTALLATION
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Provide cost for on -site training and installation
V/
$600.00
Please provide hours and duration of initial on -site
training
✓
18 Hours 12 Full Days
Please provide hourly cost if additional training is
✓
$ 0.001 per hour
-required
ONE-TIME FEES (IF APPLICABLE)
YES
NO*
DOLLAR AMOUNT OR EXPLANATION
Cost of data conversion
NONE
Provide details
COSTS IF ANY
NONE
-OTHER
ESTIMATED TOTAL ANNUAL PROPOSAL
PRICE (BASED ON 26,000 CITATIONS)
$84,721.88**
**In order to come up with this number, we have created an estimating model using the City's
2009 numbers. To compare this cost against others, one must use the same estimating factors for
each proposal. Please see the estimating model on the next page.
48 RIT 1136 -- Parking; Citation Processing Services
EXHIBIT D
CITY COUNCIL POLICY 100-5
14 Data Ticket, Inc. Rev. 06/2010
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG -FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug -free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through. the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug -free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug -free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug -free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
75 Data Ticket, Inc. Rev. 06/2010
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG -FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
£ Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
16 Dala Ticket, Inc, Rev, 06/2010
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG -FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug -free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug -free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
17 Data Ticket, Inc. Rev. 06/2010
EXHIBIT E
CERTIFICATES OF INSURANCE
18 Data Ticket, Inc. Rev. 06/2010
ACORD,W CERTIFICATE OF LIABILITY INSURANCE RATE( 061141241/201 /YYYY]
4
PRODUCER THIS CERTIFICATE 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
License #018878$. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana .CA 92704 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Hartford Casualty Insurance Co
Data Ticket, Inc. dba: Revenue Experts INSURERS: Granite State Insurance Co
New Campus brave #244 INSURER 0: CNA Insurance Company
Newport Beach, CA 9266q INSURER D.
WSURCA E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REOUIREdENT, TERM OR CONDITION OF ANY CONTRACTOR O"rHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN; THE INSURANCE AFFORDED BY THE; POLICIES OESCRISED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSINS,
Z
gPOLICY
H
TYPEOFINSURANC»
NUMBER
OEC
POLICY XPIRATIONL
DA
--��—
LIMITS
A
GFNaRALLIABILITY
72SBAIA9147
11101/09
11/01/10
EACH OCCURRENCE
$1 000000
X COMM01CIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
DAMAGE TO RENTED
( ".)
s304 006
,���i
MEO EXP (Any one parson)
S10 0.40
PERSONAL &ADV INJURY
$1 000 000
GENERAL AGGRO-GATE52
QOO OOQ
0:N'L.AGOREGATE LIMIT APPLILS PER:
POLICY. 0 LOC
PRODUCTS • COMPIOP AGO
52,000,000
A
AUT0
0 AIurG ABILITY
72SBAIA9147
11101/09
11/01/10
G o DI NEBCISINGLE LIMITANY
-
$1,044,40U
_
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY fWURY
(Pnrperenn]
$
X
X
HiREDAUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident]
5
PROPERTY DAMAGE
(Por accidanl]
$
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
5
.OTHER THAN EA ACC
ONLY: AGO
,....
S
--EAUTO
AUTO ANY
$
EXCESSIUM13RELLA LIABILITY
OCCUR CLAWS MADC
FACH OCCURRENCE
$
AGGREGATE.
S
5
S
DEDUCTIBLE
$
RETENTION S _
B
WORKERS COMPEMSATtOFIAND
EMPLOYBRS' LIABILITY
ANY PROP RIFTORIPARTNFWFXF.CVTtVE
OFFICER/MEMBER EXCLUDED?.
I(yyae, dascrihe under
SAE A,: PROVISIONS O.W,,
WCO09660474
07112109
07112/10
X WCSTATU• OTH-
PR
E.L. EACH ACCIDENT
$1,400,400
E,L. DISEASE -BA EMPLOYEE
51 000,000
E,L. DISEASE- POLICY LIMIT
$1 000 000
C
OTHER professional
287188360
11119/08
11/19110
$2,000,000 Limit
Liability (E&O)
$10,000 Retention
A
Crime FIdelty
72SBAIA9147
11101109
11/01/10
$25 000 Limit
P E=RIPTION OF OPERATIONS -I LOCATIONS I VHtifCLES I k%CLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
The City of Costa Mesa and Its elected and appointed boards, officers, a9ents and employees are additional
Insured as their interest may appear, as perthe attached blanket additional insured portion of the policy.
City of Costa Mesa
City Clerk's Office
77 Fair Drive, Roam 101
Costa Musa, CA 92626
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
THEREOF, THE ISSU€NG INSURER WILL ENOGAVOR TO MAIL *'Sn DAYS WRI'I'TfiN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUT FAILURE TO DO 5O SHALL
>E NO OBUOATION OR LIABILITY OF ANY 9IND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 #S170021M17001
4XI 0 ACORD CORPC+RATION 119RA
IMPORTANT
If the certificate .holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. Astatement
on this certificate does not confer rights to the certificate holder in lieu or 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 cer0cete 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 certlricate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
A0014D 25•S M011081 ') nF 7 fegi7nngtmI7nni
Hartford Casualty Insurance Co,
Policy#z 72 SBA IA9147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYEE DISHONESTY COVERAGE
This endorsement modifies insurance provided under the following:
STANDARD PROPERTY COVERAGE FORM
SPECIAL PROPERTY COVERAGE FORM
Except as otherwise stated In this endorsement, the 3. Additional Coverages
terms and conditions of the policy apply to the Insurance
.stated below. a. Employees Temporarily Outside
Coverage Territory
The following Is added to Additional Coverages:
A. COVERAGE
We will pay for loss of, and loss from damage to,
Covered Property resulting directly from the
Covered Causes of Loss,
1. Covered Property
Covered Property means "money", "securities",
and other tangible property of intrinsic value and
not otherwise excluded..
2. Covered Causes of Loss
Covered Causes of Loss means dishonest acts
committed by an "employee", except you,
whether identified or not, acting alone or in
collusion with other persons,with the manifest
intent to:
a. Cause you to sustain loss;.and also
b.. Obtain financial benefit (other than salaries,
commissions, fees, bonuses, promotions,
awards, profit sharing or pensions or other
employee benefits earned in the normal
course of employment) for:
(1) That "employee", or
(2) Any person or organization intended by
the "employee" to receive that benefit.
We will pay for loss caused by any
"employee" while temporarily outside the
Coverage Territory for a period of not more
than 90 days.
b. Employees at Client or Customer
Premises
We will pay for any loss caused by your
"employee" while at the premises of your
client or customer.
Any claim for loss sustained by any client or
customer and covered by this policy may
only be made by you In your Proof of Loss.
No third party has a direct right against this
insurance and no third party may make a
direct claim against us as the writer of your
Insurance.
c. Welfare and Pension Plan ERiSA
Compliance
In compliance with certain provisions of the
Employee Retirement Income Security Act
(ERISA):
(1) For the purposes of this insurance, the
following are added as Named Insureds
under this Employee Dishonesty
Coverage:
(a) Any Employee Welfare Benefit
Plan, or
(b) Any Employee Benefit Pension Plan
(hereafter called Plan)
Form SS 04 42 07 05
0 2005, The `iartford
Page 1 of 3
We will pay up to $2,500 In any one
occurrence as an additional Limit of Insurance
to cover contract penalties you are assessed
due to your failure to provide your product or
service which is the direct result of a Covered
Cause of Loss to covered property.
This Limit of Insurance is in addition to any
other Limit of Insurance that may be provided
by this policy for this coverage.
8. Contractors Equipment
The following Additional Coverage is added;
We will pay up to $10,000 in any one
occurrence as a Limit of Insurance to cover
direct physical loss of or physical damage to
equipment used in your construction or
installation business, but only for equipment
valued at more than $500 per item. This Limit
of Insurance is in addition to any other Limit of
Insurance that may be provided by this policy
for this coverage.
This additional coverage is subject to the
provisions of Contractors Equipment
Coverage, Form SS 04 24, with the exception
of the following:
(a) The requirement contained in the Covered
Property provision to list and describe the
Contractors Equipment is deleted.
(b) The Limit of Insurance provision does not
apply.
Contractors Equipment Coverage, Form
5S 04 24 is made a part of this policy whether
or not Contractors. Equipment. coverage is
indicated in the Declarations.
This Limit of Insurance is in addition to any
other Limit shown in the Declarations for this
coverage..
9. Contractors Tools
The following Additional Coverage is added:
We will pay up to $1,000 in any .one
occurrence as a Limit of Insurance to cover
direct physical loss of or physical damage to
tools used in your construction or installation
business, but only for tools valued at $500 or
less per item. This Limit of insurance is in
addition to any other Limit of Insurance that
may be provided by this policy.
This additional coverage is. subject to the
provisions of Contractor Tools Coverage,
Form SS 04 27, with the exception of the Limit
of Insurance provision contained in that form.
Contractors Tools Coverage, Form SS 04 27
is made a part of this policy whether or not
Contractors Tools Coverage is indicated in the
Declarations.
� 0. Employee Dishonesty (including ERISA)
The following Additional Coverage is. added:
We will pay up t2.QaQQJn any one occurrence
as a Limit of Insurance to cover loss from
employee dishonesty, This includes ER2A
coverage. This Limit of insurance is in addition to
any other Limit of insurance that may be
provided by.this policy for this coverage.
This Additional Coverage is subject to the
provisions of the Employee Dishonesty
Coverage, Form SS 04 42, with the exception
of the Limit of Insurance provision contained
in that form. Employee Dishonesty Coverage,
Form SS 04 42 is made a part of this policy
whether or not Employes Dishonesty
Coverage Is Indicated In the Declarations,
11. Fine Arts
The following Additional Coverage is added:
We will pay up to $25,000 in any one
occurrence as an additional Limit of insurance
at each "scheduled premises" to extend the
insurance that applies to Business Personal
Property to apply to Fine Arts that are:
a. Your property; or
b. The property of others that is in your care,
custody or control.
This Limit or Insurance is in addition to any
other Limit of Insurance that may be provided
by this policy for this coverage.
As used in this Extension, Fine Arts. means
paintings, etchings, pictures, tapestries, art
glass windows, valuable rugs, statuary,
marbles, bronzes, antique silver,. manuscripts,
porcelains, rare glass, bric-a-brac, and simllar
property, of rarity, historical value or artistic
merit..
The value of Fine Arts will .be the market vafue
at the time of physical loss or physical
damage.
12, Forgery
The following Additional Coverage is added:
We will pay up to $25,000 in any one
occurrence as a Limit of Insurance to cover
loss from forgery or alteration. This Limit of
Insurance is in addition to any other Limit of
Insurance that may be provided by this policy
for this coverage.
This Additional Coverage is subject to the
provisions of Forgery Coverage, Form
SS 04 86, with the exception of the Limit of
Insurance provision contained in that form.
Forgery Coverage, Form SS 04 86 Is made a
Form SS'40 51 04 06 Page 3 of 8