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Home My WebLink AboutMS Citation Processing RFPAgenda Item No: Meeting Date: April 19, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services, Parking Services Prepared by: Vince Guarino, Parking Servis City Manager Approval: MnnnaPr SUBJECT: Resolution of the City Council of the City of San Rafael authorizing the city manager to publish a request for proposal for parking services citation processing and select the most responsive and qualified proposal by use of competitive negotiation. RECOMMENDATION: That City Council adopt a resolution authorizing the City Manager to publish a Request for Proposal (RFP) and use the competitive negotiation process. BACKGROUND: Parking Services outsources its citation processing. Citation processing includes, but is not limited to, inputting citation data, mailing various notices, managing payments, providing reports, tracking appeals, and interfacing with the California Department of Motor Vehicles and the Franchise Tax Board. In 2001, the contract was awarded to DataTicket of Newport Beach, CA. Since then, it has not gone out to bid. In order to insure the City gets value for its money and maintains a high level of customer service, staff feels it prudent to put the contract out to bid. The current contract is renewed automatically every December. ANALYSIS: Staff proposes to publish the RFP. Because of the variations expected between submitted proposals as well as the complexity involved with customer service and the processing of citations, the use of competitive sealed bids is not deemed practical. Staff instead recommends the use of an RFP and competitive negotiation as permitted in Municipal Code section 2.55.190. This process allows the City to select the most responsive and qualified vendor after considering proposals' merits, costs, contract terms, and other evaluation criteria. At the conclusion of the RFP process, staff will return to the Council for authorization to award to the bidder whose proposal is determined as most advantageous to the City. FISCAL IMPACT: No financial impact occurs as a direct result of Council authorizing the start of the RFP process. Staff will cover citation processing costs when returning for approval to award a contract. FOR CITY CLERK ONLY File No.: - - O; -.3 ClI Council Meeting:f q -10/0 Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2 OPTIONS: 1. Authorize City Manager to use RFP and competitive negotiation process. 2. Direct staff to follow competitive sealed bid process for this procurement. 3. Not proceed with this project at this time. ACTION REQUIRED: City Council adopt resolution authorizing the City Manager to publish RFP and use competitive negotiation process. Encls: Resolution RESOLUTION NO. 12943 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO PUBLISH A REQUEST FOR PROPOSAL FOR PARKING SERVICES CITATION PROCESSING AND SELECT THE MOST RESPONSIVE AND QUALIFIED PROPOSAL BY USE OF COMPETITIVE NEGOTIATION WHEREAS, the City wishes to solicit proposals to process citations for the City's Parking Services; and WHEREAS, the processing of these citations requires a competitive purchasing process, and the evaluation of sealed bids is not practical for adequately evaluating varied proposals; and WHEREAS, the San Rafael Municipal Code, section 2.55.190, allows the City Council to authorize the City Manager to purchase equipment or services by use of competitive negotiation. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council does hereby authorize the City Manager to publish a Request for Proposal for Parking Services citation processing and select the most responsive and qualified proposal by use of competitive negotiation pursuant to San Rafael Municipal Code Sections 2.55.190 and 2.55.200. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19`h day of April, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J�r�� G •�Q.�Poc.� . ESTHER C. BEIRNE, City Clerk CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 City of San Rafael Request for Proposal Parking Services Citation Processing RFP No. 2010 -PS -100 Due 4:00 P.M. May 11, 2010 Submittals must include a company name and address on the outside of the sealed proposal. PARKING SERVICES CITATION PROCESSING RFP PAGE 1 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Table of Contents 1.0 INSTRUCTION TO VENDORS........................................................................................................3 1.1 NOTICE FOR INVITING PROPOSALS.....................................................................................................3 1.2 PURPOSE.................................................................................................................................................3 1.3 REJECTION OF PROPOSALS..................................................................................................................4 1.4 PARTIAUJOINT PROPOSALS..................................................................................................................4 1.5 REQUIRED FORMS AND CERTIFICATES...............................................................................................4 1.5.1 Vendor's Certificate Regarding Workers' Compensation...................................................................................4 1.5.2 Certificates of Insurance..................................................................................................................................... 4 1.6 CONFIDENTIALITY...................................................................................................................................5 1.7 PROPOSAL FORMAT............................................................................................................................... 5 1.8 PRE PROPOSAL CONFERENCE.............................................................................................................5 1.9 VENDOR CONDUCT AND QUESTIONS REGARDING THIS RFP..........................................................5 1.10 CONTRACT DOCUMENTS.......................................................................................................................6 1.11 EVALUATION AND SCORING..................................................................................................................6 1.12 COST OF PROPOSAL DEVELOPMENT.................................................................................................. 7 1.13 RFP INTERPRETATION AND ADDENDA.................................................................................................7 1.14 ACCEPTANCE AND PAYMENT................................................................................................................ 8 1.15 PRICES......................................................................................................................................................8 1.16 CHANGE ORDERS................................................................................................................................... 8 1.17 NEGOTIATIONS........................................................................................................................................8 1.18 AWARD......................................................................................................................................................8 1.19 FINAL CONTRACT....................................................................................................................................9 1.20 TIMELINE..................................................................................................................................................9 2.0 CITY PROFILE...............................................................................................................................10 3.0 SYSTEM SPECIFICATIONS.........................................................................................................10 3.1 REQUIREMENTS....................................................................................................................................10 3.2 NOTICE TO BEGIN.................................................................................................................................11 3.3 PROCESSING TIMELINES - BILLABLE.................................................................................................11 3.4 PROCESSING TIMELINES - NON -BILLABLE SERVICES.....................................................................12 3.5 CITATION DATA......................................................................................................................................12 3.6 DMV COMMUNICATIONS.......................................................................................................................12 3.7 CALIFORNIA FRANCHISE TAX BOARD COLLECTIONS......................................................................13 3.8 NOTICE OF DELINQUENT PARKING VIOLATION................................................................................13 3.9 PAYMENT PROCESSING.......................................................................................................................13 3.10 PARTIAL PAYMENT PROCESSING.......................................................................................................14 3.11 CITATION EXTENSIONS........................................................................................................................15 3.12 PHONE NOTES.......................................................................................................................................15 3.13 REQUESTS FOR INITIAUADMINISTRATIVE REVIEWS & HEARINGS................................................15 3.14 2nd LEVEL APPEALS..............................................................................................................................15 3.15 VOIDING AND DISMISSING CITATIONS...............................................................................................16 3.16 SYSTEM REPORTING............................................................................................................................16 3.17 REMOTE ACCESS..................................................................................................................................17 3.18 VIOLATOR INQUIRY...............................................................................................................................17 3.19 CORRECTIONS TO CITATIONS.............................................................................................................18 3.20 SYSTEM SECURITY AND BACK-UP PROVISION.................................................................................18 3.21 NOTIFICATION........................................................................................................................................18 3.22 PROCESSING INFORMATION...............................................................................................................19 3.23 SYSTEM CONVERSION.........................................................................................................................19 3.24 COMPENSATION....................................................................................................................................19 4.0 PROPOSAL FORMAT...................................................................................................................19 Appendix A: City Standard Contract.......................................................................................................22 PARKING SERVICES CITATION PROCESSING RFP PAGE 2 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 1.0 INSTRUCTION TO VENDORS You are hereby invited to submit a Proposal for the products and services identified herein. This section will describe the submittal requirements and the evaluation process to be used in selecting the finalists. 1.1 NOTICE FOR INVITING PROPOSALS Notice is hereby given that the City of San Rafael of Marin County (City) invites you (the vendor) to submit a Proposal according to the terms and procedures defined herein no later than 4:00 P.M., May 11, 2010, at the Office of the City Clerk, City of San Rafael, City Hall, Room 209, 1400 Fifth Avenue, San Rafael, CA 94901 as per the specifications included in this Request for Proposal. 1.2 PURPOSE The City of San Rafael is soliciting proposals to process its Parking Services citations. This procedure includes citation tracking, payment acceptance, appeal processing, and collections. Parking Services has funds to procure these services. The intent is to quickly, efficiently, and proactively manage all parking citations with a high level of customer service. Required services shall include, but may not be limited to: 1. Inputting hard copy citations, and maintaining citation information. 2. Obtaining registered owner information — On line, daily. 3. Sending notices of delinquent parking violation to registered owners, daily. 4. Placing registration holds through the Department of Motor Vehicles (DMV), daily. 5. Applying payment information to citations, within 24-48 hours. 6. Providing an installment/partial payment plan and accepting partial payments for parking citation(s) as well as accepting partial payments on website. 7. Providing citation information to complainants using an IVR system and also human interface when and as needed. 8. Editing capability to correct dates, violation codes, and fine amounts and duplicate citations. 9. Maintaining phone notes within the citation record accessible to the City of San Rafael for problem callers. 10. Providing notes that can be maintained for both the City of San Rafael and vendor to view and edit for various fields, such as reviews, hearings, voids, dismissals, changes, etc. 11. Updating citation information to reflect changes in disposition, and keeping notes as needed. PARKING SERVICES CITATION PROCESSING RFP PAGE 3 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 12. Providing web browser based access — no additional software should be required by the City to access the vendor's system. 13. Providing Remote Data Entry. 14. Providing monthly reports with access to the reports over the Web. 15. Providing monthly reports to also export to Excel. 16. Providing adequate system security and back-up provisions. 17. Supporting City's Automated Hand Held Citation Writers and Software interface. 18. Putting appeals on hold and paraphrasing appellant's comments prior to sending to City, daily. 19. Tracking each step of 1St, 2"d, and 3rd level reviews of hearing process. 20. Scheduling 2nd level hearings and providing adjudicator for in-person phone and written appeal requests. San Rafael Parking Services issues approximately 45,000 citations per year. 1.3 REJECTION OF PROPOSALS The City reserves the right to reject any or all proposals or any part of each proposal; to waive any irregularity in any proposal and to determine which, in its sole judgment, best meets the City's needs. For any products or services not included in the initial contract award, vendor agrees to hold prices as proposed for one (1) year following the initial award unless mutually agreed otherwise in the negotiated final contract. 1.4 PARTIAL/JOINT PROPOSALS The City is interested in a complete and integrated solution. It is preferred that all services be channeled through a single vendor and all aspects of the project coordinated and managed by that vendor. When third party products or services are used, they should be subcontracted or coordinated through the selected vendor. When subcontracting or coordinating, there must be an established contractual relationship between the vendors. 1.5 REQUIRED FORMS AND CERTIFICATES The City will require certain legal forms and affidavits to be included in the final negotiated agreement. 1.5.1 Vendor's Certificate Regarding Workers' Compensation The vendor shall maintain Workers' Compensation Insurance as required by statute and shall submit a certificate of such insurance at final contract signing. 1.5.2 Certificates of Insurance City requires the following levels of coverage: a) General Liability including personal injury and property damage in the amount of $1,000,000. b) Errors and Omissions in the amount of $1,000,000. PARKING SERVICES CITATION PROCESSING RFP PAGE 4 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 c) Automobile Liability, all automobiles, in the amount of $1,000,000 for combined single limit. d) Transit insurance covering loss or damage to goods in shipment in the amount of the value of goods. The City shall be named as additional insured on all notified by the insurance carrier of any change in or addition, the insurance shall be primary with respect maintained by the City and shall not call upon the City's contribution. 1.6 CONFIDENTIALITY relevant policies and shall be cancellation of coverage. In to any insurance or coverage insurance or coverage for any Once a contract is awarded as provided in Section 1.18, all submitted proposals shall be public records subject to public disclosure pursuant to the provisions of the Public Records Act (Government Code Section 6250 et seq.). 1.7 PROPOSAL FORMAT In making a proposal, vendors shall follow the format described in Section 4 herein. One (1) electronic copy (Adobe Acrobat format on CD or other magnetic media) and two (2) hard copies of the proposal are required. All hard copies should be labeled as follows: Copy 1: ORIGINAL Copy 2: EVALUATION All data shall be clearly and legibly written, preferably typewritten. The original hard copy submittal must be signed by an individual legally able to bind the company. Changes or erasures must be initialed by the individual signing the proposal. Proposals must be received in sealed envelopes or containers clearly showing the vendor's company name, address and City's RFP Description and Number. No proposals may be withdrawn after submission. 1.8 PRE -PROPOSAL CONFERENCE A pre -proposal meeting will be conducted on April 30, 2010 at 1:30 P.M. in the Parking Services Conference Room at 1060 D Street, San Rafael, CA 94901. It is strongly recommended that all bidding vendors attend this meeting to clarify any points or ask any questions. Please confirm your attendance at this session with Stacey Susuico, Parking Services Administrative Assistant, at stacey.susuico@cityofsanrafael.org. 1.9 VENDOR CONDUCT AND QUESTIONS REGARDING THIS RFP During the RFP window (from release of this RFP to final award), vendors shall not contact any City employees or members of the City Council regarding this RFP or the RFP process. The only opportunity for questions or discussion will be the pre -proposal meeting on April 30, 2010. PARKING SERVICES CITATION PROCESSING RFP PAGE 5 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 No gratuities of any kind will be accepted, including meals, gifts, or trips. Violation of these conditions may constitute immediate disqualification. 1.10 CONTRACT DOCUMENTS The City's standard contract for goods/services will be used for this procurement. It is attached as Appendix A. Any exceptions to the contract must be noted in the vendor's proposal. Vendors are required to submit sample contracts for maintenance or support of all proposed items as required herein for City review. City desires a single source for all on-going support. If there are multiple vendors involved, either through joint proposals or sub -contractor provisions, there must be a provision for one vendor to be the primary source for all support such that cooperating vendors can be dispatched by the primary maintenance/support provider. Costs for this provision must be included in the proposed price for maintenance/support specified herein. 1.11 EVALUATION AND SCORING An evaluation team composed of representatives of the City will evaluate proposals on a variety of quantitative and qualitative criteria. The selected proposal shall provide the most cost effective approach that meets the City's requirements. The lowest price proposal will not necessarily be selected. The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications to initial proposals or make partial awards to multiple vendors, and to subsequently follow-up with requests for additional information, including, but not limited to, follow-up interviews. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following: Proposal (25 points) • Completeness and thoroughness of the proposal. All required information must be provided in the format specified. • The vendor's understanding of the City's purpose, scope and objectives, including the applicability and quality of the vendor's approach. • Design, capability, and functionality of the proposed system. • The process by which the vendor will transfer existing information and data to the new system. Contract (10 points) • The vendor's willingness to negotiate a contract, including payment terms, acceptable to the City. The number of exceptions taken to the City's terms and conditions will be noted. PARKING SERVICES CITATION PROCESSING RFP PAGE 6 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Costs (25 points) • One time costs. Although the lowest cost proposal may not necessarily be awarded the contract, costs are important evaluation criteria. • Ongoing costs for processing and support. • Total yearly cost of the program. Vendor Experience and Resources (20 points) For the references submitted by the vendor and interviewed by the City, the quality, relevance and number of references. The vendor's ability to successfully configure and implement a system, as demonstrated by similar projects within the past two years. Emphasis will be given to the specific capabilities required by the City. • The financial stability and resources of the vendor. Implementation/Project Management (10 points) • Level of assistance to be provided to the City by the vendor during the implementation process. • Feasibility, timeliness and quality of the implementation schedule. • Ability to meet the City's implementation deadlines. Training and Documentation (10 points) • The amount and extent of user training. • Quality and extent of the documentation to be provided. 1.12 COST OF PROPOSAL DEVELOPMENT City shall not bear any financial responsibility for costs incurred by the vendor in responding to this RFP, whether or not the vendor's proposal is successful, including the costs for bonding, legal costs for any reason, visitation costs, reproduction, postage/mailing and the like. 1.13 RFP INTERPRETATION AND ADDENDA Any changes, clarifications, or other interpretations regarding this RFP will be made available at the City's Parking Services Office at 1060 D Street, San Rafael, CA 94901. Registered vendors will be notified whenever updates are published. It is the responsibility of the vendor to obtain and include any Addenda. These Addenda will become part of the RFP and will be included by reference in the final contracts between the vendor(s) and City. PARKING SERVICES CITATION PROCESSING RFP PAGE 7 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 1.14 ACCEPTANCE AND PAYMENT As stated in Section 1. 11, the City reserves the right to choose the proposed system based upon an evaluation of vendor's proposals. The payment schedule will be based on the following principles: ✓ No payment will be made until value accrues to City. ✓ No payment will be made by the City for services until the system is in full productive use as proposed. The purpose for the schedule of payments is to ensure the services are properly configured and in full productive use. 1.15 PRICES Prices quoted herein shall be based on the cost of the services provided. Prerequisite requirements must be clearly indicated. Any package discounts for purchasing combinations of services must be specified. The cost evaluations will be based on the service prices, but the City reserves the right to take the appropriate discounts where offered if the terms of the discount are met in the final contracted agreement. Any published price change after the submission date in this RFP will not be considered in the evaluation and determination of lowest cost. However, once a vendor has been selected as the successful vendor, the City reserves the right to apply the lower of the published prices with the proposed discounts applied or the proposal prices, whichever are lower. 1.16 CHANGE ORDERS Once the contract has been awarded, the City may authorize changes in plans or specifications, or allow substitutions provided that such changes do not exceed 10% of the total cost of the original. Supplemental software or services may be requested by City from the successful vendor outside the scope of the RFP provided the cost of these items does not exceed the limit specified by law or City policy requiring competitive bidding. 1.17 NEGOTIATIONS Following the initial submittal of vendors' proposals, the City will determine which proposals represent the best and most complete system value to meet its needs based on the scoring of the evaluation criteria set forth in Section 1.11. Per San Rafael Municipal Code 2.55.210, the three vendors with the highest scores will be selected for negotiation. Negotiations will be conducted individually with each qualified vendor, and each vendor will be invited to submit revised proposals, as their best final offers, on forms that will be provided by the City. No vendor may withdraw a revised proposal after submission. 1.18 AWARD After negotiations with the three selected vendors, each revised proposal (or original proposal if no revised proposal is submitted) will be ranked based on the scoring of the evaluation criteria set forth in Section 1.11. The highest ranking vendor will be deemed PARKING SERVICES CITATION PROCESSING RFP PAGE 8 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 the Preferred Vendor. Any award is subject to successful contract negotiations between the City and the Preferred Vendor. Selection as the Preferred Vendor is not an award and the process will be concluded with the execution of the final agreement. Failure to successfully reach a final agreement with the initial Preferred Vendor will result in the selection of the next ranking vendor as a new Preferred Vendor. 1.19 FINAL CONTRACT The following documents are considered part of the final agreement, in order of precedence: 1. The final negotiated scope of services and prices between City and the vendor; 2. All schedules, project descriptions, implementation plans, supplemental product descriptions, price lists, discount structures, etc. developed during the proposal evaluation phase for inclusion in the final agreement; 3. The awarded vendor's proposal in total, including all attachments; 4. This RFP with Appendices and any addenda as issued by the City prior to the opening of proposals. 1.20 TIMELINE The anticipated timeline, subject to change, for the complete RFP process is as follows: RFP Release - Response Window Opens Onsite Vendor Conference (1:30 P.M.) Proposals Due - Response Window Closes (4:00 P.M.) Negotiations with Vendors Best, Final Offers Due Preferred vendor selected, contract negotiations Final contracts/award Information Transfer/System Implementation Begins End User System Training System Live Date PARKING SERVICES CITATION PROCESSING RFP PAGE 9 4/20/2010 4/30/2010 5/11/2010 5/17/2010-5/21/2010 5/28/2010 6/4/2010 6/22/2010 6/30/2010 6/30/2010 7/19/2010 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 2.0 CITY PROFILE San Rafael was incorporated in 1874 and became a charter city in 1913. The City has a council/city manager form of government with Marin's only elected mayor and four elected city council members who serve four-year terms. San Rafael City Hall is located at 1400 Fifth Avenue. The City of San Rafael occupies 22 square miles, 17 of which are land and 5 are water and tidelands. Low coastal mountains typify the terrain with water frontage on San Pablo Bay, the northern extension of San Francisco Bay. More than 45% of the City's land is vacant, open space, parks, or public lands. It is the urban center and County seat for the County of Marin whose population is 242,188. It is the largest incorporated city in Marin. There are 12 colleges & universities within commuting distance including Dominican College in San Rafael and the Marin Junior College campuses in Kentfield and Ignacio. San Rafael is located one-half hour north of the Golden Gate Bridge on Highway 101. The Association of Bay Area Governments projects that between the years 1990-2010 San Rafael will experience a job growth rate of 15%. This growth is segmented into mainly manufacturing and wholesale (34%) and services (34%). In addition to High-tech businesses, other major San Rafael employers include banks, hospitals, insurance companies and retailers. The population estimate for San Rafael in 2000 is 55,000. It is projected to grow to over 67,000 at build out. Additional information about the City of San Rafael can be found on the official City of San Rafael website (www.cityofsanrafael.org). All parking services, including parking enforcement, are handled by the City's Parking Services division, which is part of the Management Services Department headed by the Assistant City Manager. Parking Services staff includes a manager, 8 enforcement officers, 3 administrative staff, and 8 operations staff. The division places considerable emphasis on customer satisfaction. 3.0 SYSTEM SPECIFICATIONS This section of the RFP defines in general terms the intended use or function of the system needed by City's Parking Services. Regardless of the package names used by the vendor, it is the general description of the functions contained herein that specify the intent of the system. 3.1 REQUIREMENTS Vendor shall meet all requirements of the specifications contained herein, as well as all legislated mandates by the State of California, California Vehicle Code, and the City of San Rafael Municipal Code. Vendor shall have on-line computer interface with the California Department of Motor Vehicles ("DMV") that is able to obtain registered owner information and place and remove registration holds. PARKING SERVICES CITATION PROCESSING RFP PAGE 10 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Vendor shall interface with the motor vehicle departments of all other states that shall provide registered owner information to parking citation management contractors. Vendor shall be responsible for any and all fees associated with obtaining registered owner information from the DMV, and the motor vehicle departments of other states. Vendor's system shall be able to accommodate a minimum of three (3) increases in fees for delinquent citations to allow for administrative fees and costs. Vendor shall be able to identify and process partial payments. Vendor shall provide access to citation processing information by multiple client workstations via the Internet using a web browser; no additional software required. Vendor shall provide monthly reports in a PDF format and have them available for access over the Internet using a web browser. Vendor should provide the option to export these reports to Excel. Vendor should also provide for Ad Hoc reporting and exporting options. Vendor shall provide training for City of San Rafael representatives in the operation of all software elements and equipment provided, including, but not limited to, the operation of the software and all remote features. Vendor shall provide on-going training using real-time remote support capability utilizing existing internet browser applications, such as Internet Explorer. 3.2 NOTICE TO BEGIN Vendor 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. 3.3 PROCESSING TIMELINES — BILLABLE SERVICES The City of San Rafael shall automatically transmit automated citations on a daily basis. Vendor's computer system shall accept and update the citation database on a daily basis, as information is transmitted. Vendor will be responsible for any and all formatting required to transmit data from any automated citation writer equipment, at no charge to the City. Vendor shall process (enter) all manually written citations within twenty-four (24) to forty-eight (48) business hours of receipt. Vendor shall mail delinquent parking violation notices within twenty-one (21) calendar days, and no later than twenty-eight (28) calendar days after the date of citation issuance, for all citations which the vendor has been able to obtain registered owner information. Delinquent notices should be mailed on a daily basis, excluding weekend mailing dates. Notices of delinquent parking violation shall include four (4) to six (6) lines of custom text for a special message if needed. Vendor shall mail out-of-state notices of delinquent parking violations within seven (7) working days of receipt of registered owner information from other states. PARKING SERVICES CITATION PROCESSING RFP PAGE 11 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Vendor shall attempt to place registration holds through the DMV, using an on-line service for each citation as determined by the City. The City may authorize additional grace periods, if needed, which will automatically allow for additional payment processing time. Registration holds shall be placed through the DMV on a daily basis. This time schedule may change at the discretion of the City. The City reserves the right to change the time frame for mailing notices of delinquent parking violation and for placing registration holds at anytime during the term of the agreement. The City of San Rafael shall give the vendor a minimum of one (1) day prior notice. Vendor shall provide to the City monthly notification of all reported make mismatches and bad address mail returns. Notice shall include citation number, license plate number with state, and error explanation. Vendor shall provide the City monthly notification of all monies collected but not associated with a citation. These monies shall be deposited in the account designated by the City. 3.4 PROCESSING TIMELINES — NON -BILLABLE SERVICES Vendor shall deliver all monthly reports in PDF and Excel formats to be accessed over the Internet through a web browser. This data should be available by the seventh (7th) day of the following month — but should not be later than the tenth (10th) day. Vendor shall respond by telephone, fax, email, or letter to any inquiries and/or requests for special reports within forty-eight (48) hours. Vendor shall contact the designated City 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 of San Rafael's database of parking citation information. 3.5 CITATION DATA The vendor shall update citations daily. 3.6 DMV COMMUNICATIONS Vendor shall have the ability to make inquiry through on-line access to DMV. Vendor should have the ability to place registration holds and release on-line with DMV on a daily basis. The timetable to establish a registration hold at DMV shall be at the discretion of the City of San Rafael. Vendor shall notify and correct DMV files if the amount of penalty on Hold at DMV has changed, without additional charges to the City of San Rafael. City of San Rafael has access to DMV for Registered Owner inquiry and verification and DP Permit ownership. PARKING SERVICES CITATION PROCESSING RFP PAGE 12 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 3.7 CALIFORNIA FRANCHISE TAX BOARD COLLECTIONS Vendor shall have the knowledge, experience, and ability to interface with the Franchise Tax Board (FTB) regarding all delinquent citations sent for processing. 3.8 NOTICE OF DELINQUENT PARKING VIOLATION 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 be printed and mailed out daily. Notices shall include all citation information with the exception of any private officer "comments" and shall have the citation number in a prominent, easy -to -see area. Notices of delinquent parking violation shall include four (4) to six (6) lines of custom text for a special message if needed. Notices should give a telephone number for violation inquiries and for credit card payments. Notices should give a web address for violation inquiries and credit card payments. The Notices shall have a mailing address appearing through a #10 window envelope. All notices and letters must be formatted using Custom #10 window envelopes with a printed return address. The vendor 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 of San Rafael will provide all manual and handheld computer citation forms, unless otherwise agreed. Vendor shall generate Delinquent Notice for unpaid citations twenty-one (21) days after the issued date of the violation; this date may change as needed or directed by the City. Non -sufficient fund (NSF) letters will be mailed to individuals immediately upon notification from the City of San Rafael that a check has not cleared. The notices shall state the amount of the original penalty, delinquent amount, and the appropriate NSF check fee. Partial Payment Notices will be mailed to those who do not pay the full fine and applicable penalty. The notice shall indicate the amount that was paid and the remainder that is due. Samples of all forms, notices, letters, etc., must accompany the proposal. 3.9 PAYMENT PROCESSING Vendor will make provisions for all payments received by mail. These payments will be processed by the vendor and deposited into an account established with the City of San Rafael's banking institution. A full accounting must be made to the City of San Rafael by the 7th of each month, no later than the 10th. Records of daily deposits or activity must be available daily for research. Verification should be sent by email and also available on the Internet in a report format for later reference. The City of San Rafael shall provide any customized deposit slips and endorsement stamp if required by the vendor. Deposits will need to be delivered to the bank, by courier, on a daily basis. PARKING SERVICES CITATION PROCESSING RFP PAGE 13 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Payments should be processed within twenty-four (24) hours of receipt. Payments must be processed in-house using a real-time on-line payment processing capability. Payment data shall be verified against the citation record at the time of payment to insure that the payment is due and correct. If the citation is already paid, the duplicate payment should be returned to the payer by the vendor and noted in the system phone notes and should not be processed or deposited. Instead, these payments should be returned to the violator (checks shall be returned "un -cashed"). The exception would only be if no return address is available. Vendor must be able to distinguish problem citations that will allow for stop payment entry if directed by the City of San Rafael. For example, the City of San Rafael could enter a phone note that would direct the vendor to return the un -cashed check (if received) to the violator. This should be available within the payment process. Vendor and the Parking Services staff must post phone notes regarding NSF payments to alert all parties involved to accept only cash, money order, or cashier checks from the violator. Payments must be able to be processed in advance of the citation. In these cases, the data from the citation shall be updated when it is available. Credit card payments must be available by phone and by Internet. Internet access must be available twenty-four (24) hours a day, seven (7) days a week, year-round. Payments by credit card shall be immediately updated to the City of San Rafael's database in real time. Down time must be kept to a maximum of 10 hours per year. Payments must be reconciled to moneys deposited to the bank. Moneys must not be commingled with any other City funds. Payments shall be reconciled daily with bank deposits. Bank deposit information shall be automatically forwarded daily to the City of San Rafael. Monthly reports shall provide reporting for all bank deposits made by date. Vendor should provide a method for the City to handle administrative fines for disabled parking violations as detailed in CVC 40226. 3.10 PARTIAL PAYMENT PROCESSING Vendor shall have a means by which partial payments can be identified and processed. Vendor shall provide the City of San Rafael with a report of partial payments on a monthly basis. In the event of a partial payment, the vendor shall send a notice of delinquent parking violation to the registered owner reflecting the balance due on the citation. The City of San Rafael shall compensate the vendor for each notice for partial payment that is mailed, at the notice of delinquent parking violation rate specified. Vendor shall be able to place registration holds on the unpaid balance, for citations that have not been paid in full. Vendor shall notify DMV of any change in the bail amount of citations on hold. PARKING SERVICES CITATION PROCESSING RFP PAGE 14 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 3.11 CITATION EXTENSIONS The City of San Rafael shall have the ability to enter remotely a new payment due date. If necessary, the City of San Rafael may also notify the vendor to extend the citation to 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 to reactivate. 3.12 PHONE NOTES Vendor shall keep phone notes, visible on the citation history screen, on all troubled calls for later reference and follow up by the City of San Rafael. Phone notes should capture the date, operator, reason for call, and comments. The system must accommodate multiple notes for one citation. Comments regarding compliments to or issues with the citation processing center must also be captured. Phone notes must be viewable by City of San Rafael staff. 3.13 REQUESTS FOR INITIAL/ADMINISTRATIVE REVIEWS & HEARINGS Vendor shall place all requests for initial/administrative review on "administrative hold" prior to forwarding these requests for initial/administrative review to the City of San Rafael. Information in the appeal, including any detail provided by the customer, must be included at the time the hold is placed. The vendor shall track each step of the initial/administrative review and hearing process. The City of San Rafael shall forward any dispositions to the vendor for processing. The City of San Rafael shall have the ability to enter Review/Hearing information/dispositions on line via the Internet using a web -based system. Vendor must provide reason (codes) to select why a citation is upheld or dismissed. If these codes do not provide the level of detail required for the disposition letter, the vendor must provide the ability to establish (preset) custom language that would be inserted into the disposition letter if needed. Vendor should have the ability to generate disposition letters to provide the reason for the outcome of the review or hearing. The letter would include the reason and custom text that will provide the violator with specific information detailing the outcome. This is a requirement based on AB 602, January 1, 2009. 3.14 2nd LEVEL APPEALS Vendor shall accept, with payment, requests for 2nd level appeals. Vendor shall schedule each hearing, providing to adjudicator back up information for the given citation (from the appellant and the City). Vendor shall send notification of date and time to each person requesting a hearing. Procedure for In-person Hearings: The City schedules a room in advance for every 3`d Friday of the month from 12-5pm. Once the room is scheduled, the vendor contacts PARKING SERVICES CITATION PROCESSING RFP PAGE 15 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 and schedules the hearing officer. The hearing officer conducts the hearings, does any background investigation he may need, makes his determinations and then enters his judgments into the vendor's website. Procedure for Written Hearings: Vendor collects any information provided by the appellant and the City. The vendor provides this material to the hearing officer. The officer reviews the material, makes judgments, and enters a decision on the vendor's web site on the same day as the in-person hearings. Procedure for Phone Hearings: Vendor shall collect any information provided by the appellant and the City. On the date and time of the scheduled phone hearing, the appellant calls a designated number that goes to vendor's Hearing Department. The Hearing Department then links the call to a hearing officer. The hearing officer conducts the hearings, including any background investigation needed, makes a determination, and then enters the judgment into the vendor's website. 3.15 VOIDING AND DISMISSING CITATIONS The City of San Rafael reserves the sole authority and responsibility for voiding/dismissing citations. The parking citation management system shall allow voided/dismissed citations to be entered by the City of San Rafael via remote access using the Internet. The security clearance to void/dismiss a citation shall be limited by password, as authorized by designated City 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 assist the City of San Rafael with later research. Vendor shall provide a monthly report of citations voided/dismissed in the system, by Officer or user name and reason for the voided/dismissed citation. 3.16 SYSTEM REPORTING Vendor shall provide reports with any and all information as requested by the City of San Rafael. Reports shall be in PDF and Excel formats accessible via the Internet using a web -based system to access the monthly report. The reports are due by the 7th of the month, but no later than the 10th calendar day of each month. Vendor shall keep the monthly reports available for a period not less than 24 months. Citation revenue reported shall represent actual fines collected rather than the face value of citations. Vendor should provide ad hoc reporting to the City of San Rafael for customized reporting. Vendor should also provide exporting options for such reports. Vendor shall be responsible for correcting all system malfunctions and errors attributable to the vendor at no cost to the City of San Rafael. PARKING SERVICES CITATION PROCESSING RFP PAGE 16 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 3.17 REMOTE ACCESS Remote access for multiple City of San Rafael workstations must be available using a standard PC. No additional or special software shall need to be installed to the local workstations with the exception of a web browser and Adobe Reader. Access to the database must be available over the Internet. Access to the data must be accessible by citation number, vehicle license number, name, or VIN and provide: • All citation information including the VIN, • Current status of the citation, • DMV inquiry date, hold, and release information and dates, • Delinquent notice information, registered owner, due date, mailing date, and make of vehicle as provided by DMV, • Administrative review, hearing court appeals and dispositions information, • Payment information includes all dates and amounts, • Registered owner information, including the VIN and any additional names if previously owned and cited, • Phone notes and any other notes included in the database, • The number of citations for each registered owner, • Vehicle registration history. The City of San Rafael will have the ability to enter remotely: • Voids with reason codes, and notes capability, • Dismissals with reason codes and note capability, • Letter data and ability to add custom notes or edit reason contents, • Extensions with extension date and notes capability, • Promissory notes with extension dates and notes capability, • Review and Hearing updates, including notes or comments, • Review and Hearing dispositions, including notes or comments, • Citation data corrections, • Phone notes (to be shared with the City of San Rafael and vendor), • Citation data correction — all fields, including but not limited to the date, time, violations, location. • Payments, including partial payments, NSF, and refunds, • Violation changes. 3.18 VIOLATOR INQUIRY The vendor shall be responsible for responding to all inquiries and initial complaints regarding the status or disposition of citations, vehicle registration, etc. Vendor shall provide a telephone number accessible in California, out of state, and out of country for citation inquiries. The service should include customer service in both English and Spanish. The telephone number should be unique to the City of San Rafael and not shared by other clients. The greeting of the telephone number should specially answer on behalf of the City of San Rafael, such as "Welcome to the citation information line for the City of San Rafael." PARKING SERVICES CITATION PROCESSING RFP PAGE 17 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 The vendor must provide interactive real time voice response for all inquiries. Vendor 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 of San Rafael. This feature should be available in both English and Spanish and available 24/7. Operator assistance must be provided during regular business hours, Monday through Friday, 8:00 A.M. to 5:00 P.M., excluding holidays. Bi -lingual (Spanish and English) operator assistance must be available. Vendor shall immediately refer unresolved complaints by documenting the problem in phone notes and asking the caller to call the City of San Rafael's Parking Services staff. Vendor must provide a website for accepting payments. Payment options by credit card should include; Visa, Master Card, American Express, and Discover Card. Vendor must be a certified credit card processor, meeting the requirements of the Cardholder Information Security Program (CISP) Compliance. A letter of PCI compliance shall be provided to the City's Finance Department for auditing purposes. All credit card payments must be posted to the system immediately, real time. Vendor must provide how a "charge back" would be processed and charged. Vendor must provide the option for the City of San Rafael to link from the City's website to the vendor's website for citizen payment options or appeal. Vendor must also be willing to create a custom header on vendor's website to have the same look -feel as the City of San Rafael's. 3.19 CORRECTIONS TO CITATIONS Vendor must be willing to make corrections to citations and continue processing the citation. This would include information like new registered owner information and processing like generating another delinquent notice. 3.20 SYSTEM SECURITY AND BACK-UP PROVISION Vendor 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. Vendor shall make multiple back up files throughout the day. Vendor shall state the efforts taken to protect the data in the event a recovery process is required. Please define the vendor's disaster recovery plan. Data recovery plan should also include off site data storage. Please include and define this backup and recovery process. Vendor should define the web security used for access, reports, and credit card processing. 3.21 NOTIFICATION Vendor shall immediately notify the City of San Rafael's designated representative(s) by telephone, email, in person, or by FAX of any procedural problems that may occur. PARKING SERVICES CITATION PROCESSING RFP PAGE 18 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 3.22 PROCESSING INFORMATION Vendor 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. 3.23 SYSTEM CONVERSION In the event that the City's current citation data requires conversion, the system conversion shall include all data currently in process for the citation processing including but not limited to: Open Citations — Minimum six years Closed Citations — Minimum of 24 months history Vendor shall be responsible for conversion of any existing data and shall coordinate conversion with City's prior vendor. Vendor shall identify the system that will be utilized for the parking citation management system, including hardware and software specifications. Vendor shall provide detailed conversion time -lines, including the minimum, maximum, and most likely conversion scenarios. Vendor shall 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. 3.24 COMPENSATION A. Payment Structure Vendor shall be compensated for each citation processed, based upon services provided and proposals submitted for each of the services provided. B. Out -of -State Citations Vendor shall be responsible for all fees payable to other states that shall enable the processing of out-of-state citations. 4.0 PROPOSAL FORMAT It is the intent of this RFP to ascertain full and complete disclosure of all costs and processes related to the successful implementation of the products and system(s) requested. If there are additional costs or requirements which are not addressed by the information provided, it is the vendor's responsibility to present that information during the proposal window (the time following RFP release and the date the RFP responses are due). Failure to disclose any of these costs in the RFP response may constitute disqualification. PARKING SERVICES CITATION PROCESSING RFP PAGE 19 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 All proposals should be submitted in the following format to enable City to fairly evaluate and compare all proposals. Failure to follow this format may constitute disqualification from consideration. EXECUTIVE SUMMARY Narrative: Vendors are asked to outline briefly the entire scope of the proposal and key elements to which readers should pay particular attention. Section 1.0 VENDOR PROFILE Narrative: Vendors may describe in narrative form the nature and history of their company, relationships with other vendors if proposing jointly, etc. Section 2.0 SYSTEM SPECIFICATIONS Narrative: Vendors are free to outline and summarize their proposals in narrative form. Specific exceptions to City specifications should be described and justified here as well as any additional information the vendor feels relevant to its proposal. Section 3.0 COSTS Narrative: Vendors must outline all costs associated with the implementation, processing, and support/maintenance of the system addressed in this RFP and are free to summarize their costs in narrative form. However, please be sure to also provide a table that includes the categories and costs outlined below. Provide cost information in the following categories: a) Processing cost per citation, both electronic and hand-written. b) Delinquent notices, per notice. c) Other correspondence letters, partial payment letters, etc., per instance. d) Payment processing, per payment. e) 1St level hearing hold placements, per instance. f) 2nd level hearing scheduling, per instance. g) 2nd level hearing correspondence, per instance. h) Payment plan administrative fee, per instance. i) DMV hold placements, per instance. j) Out-of-state collections, per instance. k) FTB collections, per individual. 1) Social Security number search for FTB processing, per individual. PARKING SERVICES CITATION PROCESSING RFP PAGE 20 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 m) 3d party collections, per instance. n) Conversion costs, if applicable. o) Any additional costs, per unit or monthly. Section 4.0 APPENDICES Additional vendor system brochures Sample vendor contracts PARKING SERVICES CITATION PROCESSING RFP PAGE 21 CITY OF SAN RAFAEL PARKING SERVICES CITATION PROCESSING RELEASED: APRIL 20, 2010 DUE: MAY 11, 2010 Appendix A: City Standard Contract for Goods/Services PARKING SERVICES CITATION PROCESSING RFP PAGE 22 AGREEMENT FOR PARKING SERVICES CITATION PROCESSING This Agreement is made and entered into this day of _ by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and (hereinafter "CONTRACTOR"). RECITALS 2010, WHEREAS, The CITY requires citation processing, along with appropriate support to insure proper treatment of all citations issued for parking violations issued within city limits; WHEREAS, the CONTRACTOR provides support for said citation processing; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. 1.1 CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Parking Services Manager, Vince Guarino, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 1.2 CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: 2.1 REQUIREMENTS CONTRACTOR shall meet all requirements of the specifications set forth in the Request for Proposal and incorporated herein by reference, as well as all legislated mandates by the State of California, California Vehicle Code, and the City of San Rafael Municipal Code. CONTRACTOR shall have on-line computer interface with the California Department of Motor Vehicles that is able to obtain registered owner information and place and remove registration holds. 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 be responsible for any and all fees associated with obtaining registered owner information from the California Department of Motor Vehicles, and the motor vehicle departments of other states. CONTRACTOR'S system shall be able to accommodate a minimum of three (3) increases in fees for delinquent citations to allow for administrative fees and costs. CONTRACTOR shall be able to identify and process partial payments. CONTRACTOR shall provide access to citation processing information by multiple CITY workstations via the Internet using a web browser; no additional software required. CONTRACTOR shall provide monthly reports in a PDF or Microsoft Excel format and have available for access over the Internet using a web browser. CONTRACTOR shall provide the option to export these reports to Excel. CONTRACTOR shall also provide for Ad Hoc Reporting and exporting options. CONTRACTOR shall provide training for the CITY'S representatives in the operation for all software elements and equipment provided, including, but not limited to, the operation of the software and all remote features. CONTRACTOR shall provide on-going training using Real-time remote support capability utilizing existing internet browser applications, such as Internet Explorer. 2.2 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 this agreement. 2.3 PROCESSING TIMELINES — BILLABLE SERVICES 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 shall be responsible for any and all formatting required to transmit data from any automated citation writer equipment, at no charge. CONTRACTOR shall process (enter) all manually written citations within twenty-four (24) to forty-eight (48) business hours of receipt. CONTRACTOR shall mail delinquent parking violation notices within twenty-one (2 1) calendar days, and no later than twenty-eight (28) calendar days after the date of citation issuance, for all citations for which the CONTRACTOR has been able to obtain registered owner information. Delinquent notices shall be mailed on a daily basis, excluding weekend mailing dates. 4 Notices of delinquent parking violation shall include four (4) to six (6) lines of custom text for a special message if needed. CONTRACTOR shall mail out-of-state notices of delinquent parking violations within seven (7) working days of receipt of registered owner information from other states. CONTRACTOR shall attempt to place registration holds through the California Department of Motor Vehicles (DMV), using an on-line service for each citation as determined by the CITY. The CITY may authorize additional grace periods, if needed, which will automatically allow for additional payment processing time. Registration holds shall be placed through the DMV on a daily basis. These time schedules may change at the discretion of the CITY. The CITY reserves the right to change the time frame for mailing notices of delinquent parking violation and for placing registration holds at anytime during the term of the agreement. CITY shall give the CONTRACTOR a minimum of one (1) day prior notice. CONTRACTOR shall provide to the CITY monthly notification of all reported make mismatches and bad address mail returns. Notice shall include citation number, license plate number with state, and error explanation. CONTRACTOR shall provide the CITY monthly notification of all monies collected but not associated with a citation. These monies shall be deposited in the account designated by the CITY. 2.4 PROCESSING TIMELINES — NON -BILLABLE SERVICES CONTRACTOR shall deliver all monthly reports in a PDF and Excel formats to be assessed over the Internet accessible through a web browser. This data should be available by the seventh (7th) day of the following month — but shall not be later than the tenth (10th) day. CONTRACTOR shall respond by telephone, fax, email, or letter to any inquiries and/or requests for special reports within forty-eight (48) hours. CONTRACTOR shall notify the PROJECT MANAGER 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. 2.5 CITATION DATA CONTRACTOR shall update citations daily. 2.6 DMV COMMUNICATIONS CONTRACTOR shall have the ability to make inquiry through on-line access to DMV. CONTRACTOR shall have the ability to place registration holds and releases on-line 19 with DMV on a daily basis. The timetable to establish a registration hold at DMV shall 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. CITY shall have access to DMV for Registered Owner inquiry and verification and DP Permit ownership. 2.7 CALIFORNIA FRANCHISE TAX BOARD COLLECTIONS CONTRACTOR shall have the knowledge, experience, and ability to interface with the Franchise Tax Board (FTB) regarding all delinquent citations sent for processing. 2.8 NOTICE OF DELINQUENT PARKING VIOLATION Notices of Delinquent Parking Violation shall be printed on a laser printer. Notices shall not be generated on snap -out forms or carbonless multiple -part paper stock. Notices shall be printed and mailed out daily. Notices shall include all citation information with the exception of any private officer "comments" and shall have the citation number in a prominent, easy -to -see area. 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 telephone number for violation inquiries and for credit card payments. Notices shall give a web address for violation inquiries and credit card payments. The Notices shall have a mailing address appearing through a #10 window envelope. All notices and letters shall be formatted using Custom # 10 window envelopes with a printed return address. 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. CITY shall provide all manual and handheld computer citation forms, unless otherwise agreed. CONTRACTOR shall generate Delinquent Notice for unpaid citations twenty-one (2 1) days after the issued date of the violation; this date may change as needed or directed by the CITY. CONTRACTOR shall mail non -sufficient fund (NSF) letters to individuals immediately upon notification from the CITY that a check has not cleared. The notices shall state the amount of the original penalty, delinquent amount, and the appropriate NSF check fee. CONTRACTOR shall mail Partial Payment Notices to those who do not pay the full fine and applicable penalty. The notice shall indicate the amount that was paid and the remainder that is due. 2.9 PAYMENT PROCESSING All payments received by mail shall be processed by the CONTRACTOR and deposited into an account established with the CITY'S banking institution. A full accounting of such payments shall be made to the CITY by the 7`n of each month, no later than the 10'h Records of daily deposits or activity shall be available daily for research. Verification shall be sent to CITY by email and shall also available on the Internet in a report format for later reference. The CITY shall provide any customized deposit slips and endorsement stamp if required by the CONTRACTOR. Deposits shall be delivered to the bank, by courier, on a daily basis. Payments shall be processed within twenty-four (24) hours of receipt. Payments shall be processed in-house using a real-time on-line payment processing capability. Payment data shall be verified against the citation record at the time of payment to insure that the payment is due and correct. If the citation is already paid, CONTRACTOR shall note the duplicate payment in the system phone notes and such payment shall not be processed or deposited. Instead, these payments shall be returned to the violator (checks shall be returned "un -cashed"), unless no return address is available. CONTRACTOR shall be able to distinguish problem citations that will allow for stop payment entry if directed by the CITY. For example, the CITY could enter a phone note that would direct the CONTRACTOR to return the un -cashed check (if received) to the violator. This capacity shall be available within the payment process. CONTRACTOR and the CITY'S Parking Services staff shall post phone notes regarding NSF payments to alert all parties involved to accept only cash, money order, or cashier checks from the violator. Payments shall be able to be processed in advance of the citation. In these cases, the data from the citation shall be updated when it is available. Credit card payments shall be available by phone and by Internet. Internet access shall be available twenty-four (24) hours a day, seven (7) days a week, year-round. Payments by credit card shall be immediately updated to the CITY'S database in real time. Down time shall be kept to a maximum of 10 hours per year. Payments shall be reconciled to moneys deposited to the bank. Moneys shall not be commingled with any other City funds. Payments shall be reconciled daily with bank deposits. Bank deposit information shall be automatically forwarded daily to the CITY. Monthly reports shall provide reporting for all bank deposits made by date. CONTRACTOR shall provide a method for the CITY to handle administrative fines for disabled parking violations as detailed in CVC 40226. 2.10 PARTIAL PAYMENT PROCESSING CONTRACTOR shall have a means by which partial payments can be identified and processed. CONTRACTOR shall provide the CITY with a report of partial payments on a monthly basis. In the event of a partial payment, the CONTRACTOR shall send a notice of delinquent parking violation to the registered owner reflecting the balance due on the citation. IN CITY shall compensate the CONTRACTOR for each notice for partial payment that is mailed, at the notice of delinquent parking violation rate specified. CONTRACTOR shall be able to place registration holds on the unpaid balance, for citations that have not been paid in full. CONTRACTOR shall notify DMV of any change in the bail amount of citations on hold. 2.11 CITATION EXTENSIONS CITY shall have the ability to enter remotely a new payment due date. If necessary, the CITY may also notify the CONTRACTOR to extend the citation to a new due date. No further processing shall take place until this due date has expired. The process shall be an automatic function that does not require user interface to reactivate. 2.12 PHONE NOTES CONTRACTOR shall keep phone notes, visible on the citation history screen, on all troubled calls for later reference and follow up by the CITY. Phone notes shall capture the date, operator, reason for call, and comments. The system shall accommodate multiple notes for one citation. Comments regarding compliments to or issues with the citation processing center shall also be captured. Phone notes shall be viewable by CITY staff. 2.13 REQUESTS FOR INITIAUADMINISTRATIVE REVIEWS & HEARINGS CONTRACTOR shall place all requests for initial/administrative review on "administrative hold" prior to forwarding these requests for initial/administrative review to the CITY. Information in the appeal, including any detail provided by the customer, shall be included at the time the hold is placed. CONTRACTOR shall track each step of the initial/administrative review and hearing process. The CITY shall forward any dispositions to the CONTRACTOR for processing. The CITY shall have the ability to enter Review/Hearing information/dispositions on line via the Internet using a web -based system. CONTRACTOR shall provide reason (codes) to select why a citation is upheld or dismissed. If these codes do not provide the level of detail required for the disposition letter, the CONTRACTOR shall provide the ability to establish (preset) custom language that would be inserted into the disposition letter if needed. CONTRACTOR shall have the ability to generate disposition letters to provide the reason for the outcome of the review or hearing. The letter would include the reason and custom text that will provide the violator with specific information detailing the outcome. This is a requirement based on AB 602, January 1, 2009. I 2.14 2nd LEVEL APPEALS CONTRACTOR shall accept, with payment, requests for 2"d level appeals. CONTRACTOR shall schedule each hearing, providing to the adjudicator back up information for the given citation (from the appellant and the CITY). CONTRACTOR shall send notification of date and time to each person requesting a hearing. Procedure for In-person Hearings: CITY schedules a room in advance for every 3rd Friday of the month from 12 Noon - 5 P.M. Once the room is scheduled, CONTRACTOR contacts and schedules the hearing officer. The hearing officer conducts the hearings, does any background investigation he may need, makes his determinations and then enters his judgments into the CONTRACTOR'S website. Procedure for Written Hearings: CONTRACTOR collects any information provided by the appellant and the City. CONTRACTOR provides this material to the hearing officer. The officer reviews the material, makes judgments, and enters a decision on the CONTRACTOR'S web site on the same day as the in-person hearings. Procedure for phone Hearings: CONTRACTOR shall collect any information provided by the appellant and the CITY. On the date and time of the scheduled phone hearing, the appellant calls a designated number that goes to CONTRACTOR'S Hearing Department. The Hearing Department then links the call to a hearing officer. The hearing officer conducts the hearings, including any background investigation needed, makes a determination, and then enters the judgment into the CONTRACTOR'S website. 2.15 VOIDING AND DISMISSING CITATIONS CITY reserves the sole authority and responsibility for voiding/dismissing citations. 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 CITY representatives. Each transaction shall be able to be traced back to the designated person. All voids shall have the ability to have a reason code and comments that will assist the CITY with later research. CONTRACTOR shall provide a monthly report of citations voided/dismissed in the system, by Officer or user name and reason for the voided/dismissed citation. 2.16 SYSTEM REPORTING CONTRACTOR shall provide reports with any and all information as requested by the CITY. Reports shall be in PDF and Excel formats accessible via the Internet using a web -based system to access the monthly report. The reports are due by the 7th of the month, but no later than the 10th calendar day of each month. CONTRACTOR shall keep the monthly reports available for a period not less than 24 months. N Citation revenue reported shall represent actual fines collected rather than the face value of citations. CONTRACTOR shall provide ad hoc reporting to the CITY for customized reporting. CONTRACTOR shall also provide exporting options for such reports. CONTRACTOR shall be responsible for correcting all system malfunctions and errors attributable to the CONTRACTOR at no cost to the CITY. 2.17 REMOTE ACCESS Remote access for multiple CITY workstations shall be available using a standard PC. No additional or special software shall need to be installed to the local workstations with the exception of a web browser and Adobe Reader. Access to the database shall be available over the Internet. Access to the data shall be accessible by citation number, vehicle license number, name, or VIN and provide: • All citation information including the VIN, • Current status of the citation, • DMV inquiry date, hold, and release information and dates, • Delinquent notice information, registered owner, due date, mailing date, and make of vehicle as provided by DMV, • Administrative review, hearing court appeals and dispositions information, • Payment information includes all dates and amounts, • Registered owner information, including the VIN and any additional names if previously owned and cited, • Phone notes and any other notes included in the database, • The number of citations for each registered owner, • Vehicle registration history. The CITY shall have the ability to enter remotely: • Voids with reason codes, and notes capability, • Dismissals with reason codes and note capability, • Letter data and ability to add custom notes or edit reason contents, • Extensions with extension date and notes capability, • Promissory notes with extension dates and notes capability, • Review and Hearing updates, including notes or comments, • Review and Hearing dispositions, including notes or comments, • Citation data corrections, • Phone notes (to be shared with the CITY and CONTRACTOR), • Citation data correction — all fields, including but not limited to the date, time, violations, location. • Payments, including partial payments, NSF, and refunds, • Violation changes. 2.18 VIOLATOR INQUIRY CONTRACTOR shall be responsible for responding to all inquiries and initial complaints regarding the status or disposition of citations, vehicle registration, etc. CONTRACTOR shall provide a telephone number accessible in California, out of state, and out of country for citation inquiries. The service shall include customer service in both English and Spanish. The telephone number shall be unique to the CITY and not shared by other clients. The greeting of the telephone number shall specially answer on behalf of the CITY, such as "Welcome to the citation information line for the City of San Rafael." CONTRACTOR shall provide interactive real time voice response for all inquiries. CONTRACTOR shall 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. This feature shall be available in both English and Spanish and available 24/7. Operator assistance shall be provided during regular business hours, Monday through Friday, 8:00 A.M. to 5:00 P.M., excluding holidays. Bi -lingual (Spanish and English) operator assistance shall be available. CONTRACTOR shall immediately refer unresolved complaints by documenting the problem in phone notes and asking the caller to call the CITY'S Parking Services staff. CONTRACTOR shall provide a website for accepting payments. Payment options by credit card shall include; Visa, Master Card, American Express, and Discover Card. CONTRACTOR shall be a certified credit card processor, meeting the requirements of the Cardholder Information Security Program (CISP) Compliance. A letter of PCI compliance shall be provided to the CITY'S Finance Department for auditing purposes. All credit card payments shall be posted to the system immediately, real time. CONTRACTOR shall provide how a "charge back" would be processed and charged. CONTRACTOR shall provide the option for the CITY to link from the CITY'S website to the CONTRACTOR'S website for citizen payment options or appeal. CONTRACTOR shall also create a custom header on CONTRACTOR'S website to have the same look -feel as the CITY'S. 2.19 CORRECTIONS TO CITATIONS CONTRACTOR shall be willing to make corrections to citations and continue processing the citation. This would include information like new registered owner information and processing like generating another delinquent notice. 2.20 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 shall make multiple back up files throughout the day. CONTRACTOR shall provide for the protection of the data in the event a recovery process is required, including a data backup and recovery plan and off site data storage. CONTRACTOR shall provide web security for access, reports, and credit card processing. 2.21 NOTIFICATION CONTRACTOR shall immediately notify the CITY'S PROJECT MANAGER by telephone, email, in person, or by FAX of any procedural problems that may occur. 2.22 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. 2.23 SYSTEM CONVERSION In the event that the CITY"S current citation data requires conversion, the system conversion shall include all data currently in process for the citation processing including but not limited to: Open Citations — Minimum six years Closed Citations — Minimum of 24 months history Contractor shall be responsible for conversion of any existing data and shall coordinate conversion with CITY'S prior contractor. CONTRACTOR shall identify the system that will be utilized for the parking citation management system, including hardware and software specifications. CONTRACTOR shall provide detailed conversion time -lines, including the minimum, maximum, and most likely conversion scenarios. CONTRACTOR shall 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. 2.24 COMPENSATION A. Payment Structure CONTRACTOR shall be compensated as provided in Section 4 of this Agreement. B. 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. in 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Section 4. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: [INSERT PAYMENT PROVISIONS] Payment will be made monthly upon receipt by and approval by the PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall be for 5 years commencing on and ending on . Upon mutual agreement of the parties, and at the discretion of the CITY MANAGER, the term of this Agreement may be extended for an additional period of 3 years. 6. TERMINATION. 6.1 Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. 6.2 Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 6.3 Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 6.4 Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 11 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. 10.1 During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 10.1.1 A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 10.1.2 An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence. 10.1.3 If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. 10.2 The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 10.2.1 The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 10.2.2 Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 10.2.3 Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 10.2.4 CONTRACTOR shall provide to CITY'S Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements 2 naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 10.2.5 The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to CITY'S Risk Manager. 10.2.6 If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 10.2.7 The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 10.2.8 The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 10.3 If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONT.RACTOR's officers and employees. 10.4 Any deductibles or self-insured retentions in CONTRACTOR's insurance policies shall be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, 13 ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Vince Guarino Project Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: (Project Director) 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 14 17. ENTIRE AGREEMENT -- AMENDMENTS. 17.1 The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. 17.2 This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. 17.3 No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. 17.4 The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 17.5 If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. M9 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code (or CONTRACTOR is exempt for the business license requirement of the San Rafael Municipal Code because . CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. CONFIDENTIALITY To the extent permitted by the California Public Records Act and other applicable law, CITY agrees that information contained in the Materials and Systems marked by CONTRACTOR as "confidential" or "proprietary" shall be retained by CITY in confidence and shall not be disclosed to the public. 23. PERFORMANCE BOND CONTRACTOR shall provide the CITY with a Performance Bond in the amount of $100,000, on a form approved by the City Attorney, executed by a surety company authorized to transact a surety business in the State of California. 24. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. Venue for any lawsuit to enforce the terms of this Agreement shall be in Marin County, California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR KEN NORDHOFF, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk 16 Title: APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney 17' City of San Rafael Management Services Department Notice Inviting Sealed Proposals for the Parking Services Division Notice is hereby given that the City of San Rafael Parking Services Division will receive proposals for citation processing. The vendor will be selected through the use of competitive negotiation. Parking Services Citation Processing RFP No. 2010 -PS -100 The City of San Rafael is soliciting proposals to process citations for its Parking Services Division. This project includes citation processing, California DMV and FTB interfacing, payment processing, appeal management, and customer service. Prospective vendors are invited to attend a pre -proposal meeting on April 30, 2010 at 1:30 P.M. in the Parking Services Conference Room at 1060 D Street, San Rafael, CA 94901. Each proposal shall be in accordance with the specifications detailed in the Request for Proposal (RFP) No. 2010 -PS -100 now on file with the City Clerk, City Hall, San Rafael, California. Copies may be obtained in person at the Parking Services' office, 1060 D Street, San Rafael, CA 94901. Every supplier of materials and services and all contractors doing business with the City shall be an "Equal Opportunity Employer" as defined by Section 2000 (E) of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders #11375, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex, or physical or mental handicaps with respect to hiring, application for employment, tenure, terms or conditions of employment of any person. Each proposal shall be made out in accordance with the Request for Proposal No. 2010 -PS -100. Sealed proposals will be received only at the office of the City Clerk, Room 209, City Hall, 1400 Fifth Avenue, San Rafael, California, 94901 on or before 4:OOP.M., Tuesday, May 11, 2010. Submittals must include a company name and address on the outside of the sealed proposal. The City reserves the right to reject any or all proposals or waive any informality in a proposal. Dated: April 20, 2010 /s/ Esther C. Beirne ESTHER C. BEIRNE City Clerk (Please publish in the Marin Independent Journal on Wednesday, April 21, 2010.) City of San Rafael Management Services Department Notice Inviting Sealed Proposals for the Parking Services Division Notice is hereby given that the City of San Rafael Parking Services Division will receive proposals for citation processing. The vendor will be selected through the use of competitive negotiation. Parking Services Citation Processing RFP No. 2010 -PS -100 The City of San Rafael is soliciting proposals to process citations for its Parking Services Division. This project includes citation processing, California DMV and FTB interfacing, payment processing, appeal management, and customer service. Prospective vendors are invited to attend a pre -proposal meeting on April 30, 2010 at 1:30 P.M. in the Parking Services Conference Room at 1060 D Street, San Rafael, CA 94901. Each proposal shall be in accordance with the specifications detailed in the Request for Proposal (RFP) No. 2010 -PS -100 now on file with the City Clerk, City Hall, San Rafael, California. Copies may be obtained in person at the Parking Services' office, 1060 D Street, San Rafael, CA 94901. Every supplier of materials and services and all contractors doing business with the City shall be an "Equal Opportunity Employer" as defined by Section 2000 (E) of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders #11375, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex, or physical or mental handicaps with respect to hiring, application for employment, tenure, terms or conditions of employment of any person. Each proposal shall be made out in accordance with the Request for Proposal No. 2010 -PS -100. Sealed proposals will be received only at the office of the City Clerk, Room 209, City Hall, 1400 Fifth Avenue, San Rafael, California, 94901 on or before 4:OOP.M., Tuesday, May 11, 2010. Submittals must include a company name and address on the outside of the sealed proposal. The City reserves the right to reject any or all proposals or waive any informality in a proposal. Dated: April 20, 2010 /s/ Esther C. Beirne ESTHER C. BEIRNE City Clerk (Please publish in the Marin Independent Journal on Wednesday, April 21, 2010.) CITY OF SAN RAFAEL ROUTING SLIP/ APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO.*., -7 DATE OF MEETING: 4/19/2010 FROM: Vince Guarino 1�mv, DEPARTMENT: Parking Services�,� DATE: 4/7/2010 TITLE OF DOCUMENT: Resolution of the City Council of the City of San Rafael authorizing the city manager to publish a request for proposal for parking services citation processing and select the most responsive and qualified proposal by use of competitive negotiation. ignature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY A AIT M: �4' i anager (signature NOT APPROVED REMARKS: APPROVED AS TO FORM: Y � p City Attorney (signature)