HomeMy WebLinkAboutMS 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)