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Home My WebLink AboutC-8027-1 - PSA for Parking Permit Management and Citation Processing1 tom' N 00 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR PARKING PERMIT MANAGEMENT AND CITATION PROCESSING SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 24th day of November, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TURBO DATA SYSTEMS, INC., a California corporation ("Consultant"), whose address is 18302 Irvine Blvd., Suite 200, Tustin, CA 92780, and is made with reference to the following: RECITALS A. On May 10, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant for Parking Permit Management and Citation Processing ("Project"). B. On May 31, 2019, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation, update the Schedule of Billing Rates, and amend the Hold Harmless section. C. The parties desire to enter into this Amendment No. Two to amend the Schedule of Billing Rates, to increase compensation, and to update Insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be deleted in its entirety and replaced to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Six Hundred Twenty One Thousand Seven Hundred Twenty Four Dollars and 00/100 ($1,621,724.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Hundred Eighty Four Thousand Five Hundred Thirty Four Dollars and 00/100 ($384,534.00). 2. INSURANCE Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C attached hereto. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Turbo Data Systems, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:tl By: Aaron C. Harp City Attorney ATTEST: Date: rt.12512MRAIAM /:ormli�/i Leilani 1. Brown' City "�..}� CITY OF NEWPORT BEACH, a California municipal corporation Date: ,'13i t o 20 By:� Will O'Neill Mayor CONSULTANT: TURBO DATA SYSTEMS, INC., a California corporation Dater zC' zv By: Roberta J Rosen Chief ExecutiveOfficer/ Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Turbo Data Systems, Inc. Page 3 EXHIBIT B SCHEDULE OF BILLING RATES Turbo Data Systems, Inc. Page B-1 Admin Citations issued Electronically (Citations exported to TDS from Permits P Adm6........... *-*-i�,* ........... ......................................... ........... ...................... 1S nottes mailed (includes p=age)* ..................... ......... ** .................. * ........... . 2nd notices mailed (Includes postage)* final Notice) 3r.dn,oiies rn,a,iied ....................... * ................ , ............... 1st ICS ion. ri.ot.i.c.e (.no p..e.r..n.otice co.s Adjudication Letters Hearing results (inckic .... ......... . ..... , Collection .............................................................................................. FrO Processing ....................................... 6Processing---*��F "Gice 4.00 4,020 9,5521 $ 7,1921 $ 7,6121 6,973 5,578 ........................... ............................. ......................................... ................................. ............................ . ......................... . ...... 496 4-94 387 $•5 ...................... ........... .............. 1751 1 $ ............. ................................ ....... ............... 3,1281 $ ....................... . .. .............................. 2,479 $ . ......... 2,8781 2,568 $ 2,055 $ 0.85;$ ................................... 2,2301 $ 1,794 23% $ ................................... ............... 3,725 1 $ .. .......................................... 3,�ii"! .................................. ................................................................ $ .................................. ........... $ 9281 $ $ 0.85 ................................... 16 1,850.0015 31,250 $ ........... 4,587 S 23% ........... ................ ............ $ .................................. ............. ... 8,M1 ............................. .................. 5,457 $ ................. ................. 7,394 6,978 5-5,82 23% ............ ................................... 2,039 2,354 $ 2,189 $ 2,94 3 2,2301 $ 1,794 23% $ ................................... ............... 3,725 1 $ .. .......................................... 3,�ii"! . 1,71 7 1 $ 1,288:: $ 1,030 ........... $ 9281 $ 1,895 ........ ........... $ 1,416, .......... 1,7641 S 1,719 5 1,376 IS 26,936 $ 29,909 S 21,541 S 24,804 $ 22,240 S 17,797 uau:KV,'OAarve/mj (im wm upgracleto me Samsung 1,850.0015 31,250 $ 4,587 S Ga"S6Acthoe at no additional cpnq i i�Gn-t, h ly, ie, e, iin, ciu, desl'o-s-ii s,io, ie, n idamaged smartphone NBPDtSP+ 1 f. -I ............ 70.001 $ I ................. ................................. 19,1101 5 .......................... 17,6401 5 ..................... 17,920 $ I ........... 19,320 19,320: $ 14,490 replacement) 11830+7280 ............................................... ........................................ ... I .....................•. .................................. Citations- 3" citations for OCS printer ,,B, * ........ ... ...................... . ... ........ S ......... ...0.08 3,5201 $ ........... .. .. . ................................................................... 7,947 i $ ................................. 3,382 $ . ...... .... 5,727 ....................... 4,6691 4,F95 Envelo" p e"s"c' u's to' m Newport each e n,v, e"lopes i $ 4,001 $ $ Total IS 57AM 5 25,587 S 25,989 S 25,047 S 23,989 19,785 *Postage Increases - USPS postage increaseswillbepassed through directly on all postage -included items Cost NEWPORT BEACH MODULE —A Software Costs: Processing Fees — Parking Citations This offer is contingent on having an active contract for Parking Collection Services with Turbo Data Systems. Annual issuance of 50,000 to 100,000 Fee per Parking Citation Issued (Electronic and Manual) $0.40 per citation Fee per Manua/ Parking Citation Data Entry Included Included The price includes the following services: ✓ Entry/import of all citations ✓ Citation dispositions (bounced checks, payments, extensions, etc.) ✓ DMV interface (r/o retrieval and placing and releasing registration holds) ✓ Weekly/monthly reporting readily available and accessible over the Internet ✓ Toll-free telephone number (for public access) ✓ Interactive Voice Response System (IVR) ✓ Customer Service Representatives (8:00 am — 5:00 pm, Mon - Fri, excluding holidays) ✓ Daily pick up of payments and other documents from a TDS provided P. 0. Box ✓ www.pticket.com/newportbeach Web pages customized for the City ✓ Database maintenance / Daily system backups ✓ Secure, online access for City Staff to citation database; City provides PC with internet access ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client support and Training Reminder Notices (Notice of Violation) $0.85 per notice mai/ed (Inc/odes Postage) Includes: all forms, envelopes, return envelopes, printing and postage. Reminder notices are mailed 21 days after issuance or per agency timeline. Other Correspondence $0.85 per notice mai/ed (Inc/odes Postage) Includes: all forms, envelopes, printing andosp tage. NSF letters, Partial payments, Name and address changes, etc. Out -of -State Processing 30010 of amt, collected No charge for payments off the windshield. Nlets electronic access for all 50 states. Review & Hearing Notices/ Letters $0.85 per letter mai/ed (Includes Postage) TDS mails all initial review result letters, hearing notification letters and hearing result letters as required. All forms, envelopes, and printing are included with the mailings. Paperless Appeals with eAppealsPRO $1.50 per Appeal This service allows for online submitted appeals and a 100% PAPERLESS appeal system. All mailed -in appeals are scanned in to the system and are reviewable by City staff using the eAppea/sPRO online review system. All appeals are in the same place, and the documentation is saved electronically. A complete history of all appeals and their results who made the decisions etc., is available online at all times for the City. Payment Plans $10 per p/an TDS will provide for the entry and tracking of Payment Plans within the existing TPW system. Reporting will be provided. Cost NEWPORT BEACH Credit Card Payments 1.5010 of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database Processing Fees —AdministratiCitations Annual issuance ofve 2,000 to 5,000 Fee per Citation Issued $8 per citation entered Fee per Manual Administrative Citation Data Entry $4 per citation Included The pricing above includes the following services: ✓ Citation Ent - including name and address of responsible party ✓ Citation payments/dispositions bounced checks payments, extensions etc. ✓ Call Center live assistance 8am-5 m Monday -Friday (excluding Holidays) ✓ Weekly/monthly reporting readily available and accessible over the Internet 24/7 ✓ Dail ick up of payments and other documents from a TDS provided P. 0. Box ✓ Payment processing ✓ Bank deposits ✓ Database maintenance ✓ Daily system backups ✓ Documentation and training for use of TDS provided online system ✓ On oin Client support ✓ www.pticket.com/newportbeach Web pages customized for the Ci • available 24/7 Notice Mailing $0.85 each ✓ 11t class postage included. Certified/Other mailing costs will be billed to the City. ✓ Notices, Correspondence, Partial Payment Notices, Hearing Letters, etc. Credit Card Payments 1.5% of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database �rhnr�, A-rn w• w/vv� r S Y 4 7 F Al S•�- -CostNEWPORT BEACH PROCESSING FEES — PERMIT MANAGEMENT Annual issuance of 2,000 to 5,000 ONE TIME STARTUP COST $2,000 Includes: Database Creation, System Setup of Tables, Project Management, Client Approval, Client training, Web Site Customization MON THL Y SERVICE/CL OUD-HOSTING FEE $500 This fee will cover the basic maintenance and availability of the system for the public and the City. PERMIT PROCESSSING FEES - Mailed Requests, Review/Validation by TDS $4/permit PERMIT PROCESSSING FEES - Online Requests, Review/Validation by TDS $2/permit The FULL SERVICE price includes the following services performed by TDS: ✓ Accounts Established/Accounts Renewed ✓ Document Scanning/Storage ✓ Permit Entry by Resident & Uploading of Documents ✓ Mailed -in or OTC Permit Applications ✓ TDS Scanning, Data Entry, Payment Processing ✓ Account/Permit Validation (Decision Making) ✓ Detail and Summary reporting each month ✓ Bank deposits/Reconciliation as required into City's account ✓ Daily pick up of mail at a PO Box established by TDS ✓ All other correspondence will be mailed or scanned to and from TDS and the City ✓ "Self -Service" Internet access 24/7 for the public to view their permit information ✓ Call Center live assistance 8am-5pm Monday -Friday (excluding Holidays) ✓ TDS will review/validate permit applications/documents, and approve/deny the request Online (Digital) Permit — No Review — No fulRllment $1 per Permit MAILING SERVICES $1 per letter + first class postage This fee will cover the mailing of a single page of information, such as a simple renewal letter or a rejection letter, etc. Other mailings outside of the fulfilment process can be negotiated. FUL FIL L MEN T SER VICES $2 per permit + first class postage TDS will assign approved permits and deliver via mail with letter. SUPPLIES/PERMITS Provided by City Credit Card Payments 1.5010 of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database 7, CUSTOMIZA TION CHARGES (OPTIONAL) $120 PER HOUR y T Hd Cost NEWPORT BEACH Cost Increases for Module -A: Postal Rate Increase Offset: If postal rates increase during the term of this agreement, fees to TDS shall be raised immediately to offset the effect of the postal rate increase. CPI Increases: Pricing may be adjusted by the CPI increase annually. ti �rh�r, A rA •,.f 1 I -Cost File NEWPORT BEACH Module -13 Hardware Costs: This offer is contingent on having an active contract with Turbo Data Systems for Citation Processing and Collection Services. Purchase ' • Galaxy S5Active/MF2Te Printer ticketPRO Magic Price per Unit with strap (most common configuration) I $1450 1 $29,000 ticketPRO Magic Monthly Fee I $60/mo. I $1,200/mo. *does not include optional items below Details for Purchase - Smartphones with Data Plan Item & Description Smartphones: Samsung Galaxy S5 Active // 5.1" Color touch -screen // Military spec. MIL -810G// Car Charger //Includes case purchased ticketPRO Magic Software and License Purchased ticketPRO Magic Software Setup/ Configuration Initial setup and installation of software with Agency specific information // Includes 1 Day Training with initial purchase purchased ticketPRO Magic Software Maintenance and Support: Remote servicing and updates // Fast phone RemoteConnect support // email support for Agency requests Monthly Managed 4G Data Plan Monthly Enhanced Push -to -Talk Radio (ePTT): Phone -to -Phone or Group communication. A Desktop Dispatch Optional Monthly interface is included with every 10 phones activated with ePPT. City may choose how many phones to activate with ePTT. $10/mo./unit Lost/Stolen/Damaged Replacement - Optional: A fully configured smartphone with ticketPRO Magic Monthly software will be replaced within 3 full business days of reported incident with a deductible fee. Each covered phone can have two replacements in a 12 month period ($250 per replacement; $950 for 3 , time). Printer Items ($250 deductible) Item & Description Rate Bluetooth Printer: Datamax MF2Te printer // 2" printer H Includes Lithium -Ion Battery // AC Charger Configured to Agency's ticketPRO Magic system purchased Optional Bluetooth Printer: Datamax OC3 printer // 3" printer // Includes Lithium -Ion Battery // AC Charger // $400 additional Configured to Agency's ticketPRO Magic system per unit Extended and Comprehensive Warranty (Optional): Parts & Labor, including physical damage or abuse // TDS will provide a loaner unit while unit is in repair //excludes batteries and accessories purchased Belt Clip: Heavy Duty // Fits all utility belts // Wraps around belt with Velcro release Choose One -OR - Shoulder Strap: Heavy Duty Nylon // Adjustable comfort -wide w/purchase *Sales tax not included. *Citations and Envelopes are additional All quoted prices are valid 90 days from the date submitted i -s r-) A h—n N■wry i ar.,. Cost NEWPORT BEACH Module -C Parking Citation Collections Costs: (Note: Administrative Citations Collections are available at the same rates listed) Innovative Collection Services (ICS) 2301b of amount collected ✓ Delinquent Follow-up Collections for unpaid accounts ✓ All ICS notices are mailed at no cost to the City, including postage ✓ Unpaid amounts will be reported to a credit bureau, if legally permitted ✓ Toll free ICS number and P.O. Box provided to public to handle inquiries and disputes ✓ Payments can be made via mail or www.pticket.com ✓ 30% cost recovery amount added to initial collection amount outstanding Franchise Tax Board Collection Services 23016 of amount collected ✓ Social Security lookup (citations for one violator combined to one lookup) ✓ Notice mailed combining same violator's citations to one account ✓ Notices and postage are included. No Notice Fee ✓ Accounts sent to FTB Interagency Offset Program ✓ Toll free call center assistance ✓ Payments can be made via mail or www.pticket.com ✓ Monthly reconciliation and reporting of offset payments ✓ 30% cost recovery amount added to initial collection amount outstanding NEWPORT BEACH Turbo Data Systems (TDS) will provide the necessary training to ensure proper knowledge of all systems offered. We realize that there are several City departments/groups involved in each specific system. TDS will coordinate with City staff to ensure that everyone has the proper training for their specific area of operation. TDS will provide as many on-site training .sessions as needed for the systems listed below. Training will also be available on -demand via online sessions as needed: ticketPROWeb— Parking Citations/eAppeals • tidetPRO Web—Administrative Citations tirketPRD magic—Mobile Enforcement • Permit Manager TRAVEL There will be no travel coast for any of the training above. TDS's office is located within minutes ofthe City. Training, support and other meetings/visits with City staff will not involve any travel costs. HARDWARE SUPPORT/1140T-SWAP TDS takes support very seriously and understands that continuous operation is Important for our customers. Although the proposed hardware is considered "Best -in -class", and based on experience, has been extremely reliable, a comprehensive warranty program is also included as part of this proposal. This extends the basic manufacturer warranty and improves on the turnaround time required for repairs. Furthermore, TDS will provide a hot -swags program to ensure that defective/non-operational hardware is dealt with quickly by providing a loaner hardware while the repair is being worked on. Loaner hardware will bi pre-�;Qnfigured with all necessary settings, security and software and ready to be used upon receipt. If loaned hardware is a printer, a simple pairing will be required after receipt of printer_ Smartphone hardware is insured and provides lost/stolen/damaged replacement"". Printer coverage includes parts & Labor (even for physical damage or abuse). Batteries and accessories are excluded. Printers are not covered if lost/stolen'. ***Thins information was provided underthe "Cost File", Module B, Hardware Cost, }nage S. PI -HITT 119,' NACEN-11eN-T S'Y;T�-M IMPLEMENTAT ON, TDS tvill have the Permit system available within 60 days of the start of the contract. Rerwttance Processi:n.?, Turbo Data Systems (TDS1 will provide check scanning deposits for the City at no charge. The City to provide scanner, remote deposit software and logon access for TDS users to perform remote deposit into the City's desired bank account. Data Integration Servicer: No Casts for Data Integration Services for uploading payments and/or administrative citations. TDS will work with the City on uploading payment data electronically from the City's payment system. TDS will provide art interface for uploading admin citation data from the current system Into ticketPROweb. t. ■rh�n A-rA MI wJVL/ 1 1 / 1 � • � . S Y S T F IVI EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Turbo Data Systems, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following.- A. ollowing: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Turbo Data Systems, Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Turbo Data Systems, Inc. Page C-3 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Turbo Data Systems, Inc. Page C-4 1 r (�I AMENDMENT NO. ONE TO Q PROFESSIONAL SERVICES AGREEMENT ( WITH TURBO DATA SYSTEMS, INC. FOR i PARKING PERMIT MANAGEMENT AND CITATION PROCESSING SERVICES V THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 31st day of May 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TURBO DATA SYSTEMS, INC., a California corporation ("Consultant"), whose address is 18302 Irvine Blvd., Suite 200, Tustin, CA 92780, and is made with reference to the following: RECITALS A. On May 10, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant for Parking Permit Management and Citation Processing ("Project"). B. The parties desire to enter into this Amendment No. One to increase the total compensation, update the Schedule of Billing Rates, and amend the Hold Harmless section. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be amended in its entirety and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Thirty Seven Thousand One Hundred Ninety Dollars and 00/100 ($1,237,190.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Four Hundred Twenty Five Thousand One Hundred Fifty Dollars and 00/100 ($425,150.00). Turbo Data Systems, Inc. Page 1 2. HOLD HARMLESS Section 9.1 of the Agreement shall be amended in its entirety and replaced with the following: "To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, any Claims relating to the percentage of collection for parking citation collection costs, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them)." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Turbo Data Systems, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: L 2,01 q CITY OF NEWPORT BEACH, a California municipal corporation By: (&%",.By: Fo,(-. Aaron C. Harp �4 Diane B. Dixon City Attorney o5 Mayor ATTEST: Date: M Leilani I. Brown City Clerk CONSULTANT: Turbo Data Systems, Inc., a California corporation Date: Signed in Counterpart BV: Roberta J. Rosen President/CEO Date: Signed in Counterpart BY: Elie M. Sleiman Vice President/Secretary [END OF SIGNATURES] Attachments: Exhibit B — Schedule of Billing Rates Turbo Data Systems, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: Z$7,01 a By: I& % Fo{•. Aaron C. Harp �\ `y City Attorney oS TAI ATTEST: Date: �6` .,''T ,r' j Leilani I. -Brow City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal cororation `q Date: 4o, / By: K/ __ Diane B. Dixon Mayor CONSULTANT: Turbo Data Systems, Inc., a California corporation Date: (a -%A -zolq By: Roberta J. Rose President/CEO -`-E-20\q By:_ Elie [END OF SIGNA Exhibit B - Schedule of Billing Rates Turbo Data Systems, Inc. Page 3 EXHIBIT B SCHEDULE OF BILLING RATES Turbo Data Systems, Inc. Page B-1 Cost NEWPORTBEACH RFPOIS-22 Newport Beach 6 -Year Estimated Total Costs: List each Installed or Supported application Parking Citation Processing Year 1 $57,253 i Year 2 $57,253 Year 3 $57,253 Year 4 $57,253 Year 5 $57,253 Year 6 $57,253 TOTAL $343,518 Administrative Citation Processing $26,520 $26,520 $26,520 $26,520 $26520 $26,520 $159,122 Permit Management Processing $27,000 $25,000 $25,000 $25,000 $25,000 $25,000 $152,000 Automated Ticketwrlters $50,400 $21,400 $21,400 $21,400 $21,400 $21,400 $157,400 Total $161,173 $130,173 $130,173 $130,173 $130,173 $130,173 $812,040 Contingency -Based Services: ICS Delinquent Collection fees not included; Numbers unknown FTB Collection fees not included here; Numbers unknown Out -of -State Collections fees not included; Numbers unknown PARKING CITATIONS TDSFee NBVolume YR1 YR2 YR3 YR4 YRS YR6 Parking Citations Issued by handhelds $ 0.40 50,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Manually written parking citations $ 0.40 5,000 $ 2,000 $ 2000 $ 2000 $ 21000 $ 2,000 $ 2,000 lst notices mailed includes postage)- $ 0.85 27,500 $ 23,375 $ 23,375 $ 23,375 $ 23,375 $ 23,375 $ 23,375 2nd notices mailed (includes postage)- Optional (Final Notice 5 0.85 13,750 $ - 5 - $ - 5 - $ $ 149 3rd notices mailed 1stICS collection notice (no per notice cast) 5 - 6,875 $ - S - $ - $- 5 - $ - Paperless Aeals era peal) $ L50 5,000 $ 7,500 $ 7,500 5 7,500 $ 7,500 $ 7,500 $ 7,500 Adjudication Letters lst l evel results includes postage) - $ 0.85 5,000 $ 4,250 5 4,250 $ 4,250 5 4,250 5 4,250 $ 4,250 Adjudication Letters 2nd level results indudes postage) $ 0.85 150 5 128 S 128 $ 128 5 128 S 128 $ 128 Paymehits(0nline) inclutla 70% $ 26,520 $ 5 $ $ $ Payments(mail) Included 30% $ $ $ $ $ $ Total 1 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 ADMINISTRATIVE CITATIONS TOS Fee NB Volume YR1 YR2 YR3 YR4 YRS YR6 Admin Citations issued Electronically (Citations exported to TOS from Permits Plus) $ 4.00 5,000 5 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Admin Citations Manually written $ &00 500 $ 4,000 $ 4,000 $ 4,000 5 4,000 5 4,000 $ 4,000 Lst notices mailed)includes pasta e)' $ 0.85 2,750 $ 2,338 $ 2,338 5 2,338 $ 2,338 $ 2,338 $ 2,338 2nd notices mailed(includes postage)' (Final Notice) S 0.85 175 $ 149 $ 149 S 149 $ 149 $ 149 $ 149 3rd notices mailed 1st ICS c01lectlonnotice (no per notice cast) $ - 688 $ - $ - $ - $ - 5 - $ - Adldiwtion Letters Hearing results (includes postage)' $ 0.85 40 5 34 $ 34 $ 34 $ 34 $ 34 $ 34 Payments ion( ine) included 70% $ 5 $ $ $ $ $ Payments(mail) included 30% $ 5 1 $ $ $ $ Total 1 $ 26,520 $ 26,520 $ 26,520 $ 26,520 $ 26,520 $ 26,520 PERMIT MANAGEMENT TDSFee Ins Volume YR1 YR2 YR3 YR4 YRS YR6 One Time Setup 5 2,000.00 n/a $ 2,000 $ $ $ $ $ Monthly Fee $ 500.00 12 $ 6,000 $ 6,000 $ 6.000 $ 6, OW $ 6,ODD $ 6,000 Per Permit validation required bTOS $ 4.00 2,50 $ 10,000 $ 10,000 5 10,000 5 10,000 $ 10,000 $ 10,000 Per Letter - plus postage I f needed, correspondence) $ LW 50,000 $ $ 5 $ $ $ Permit fulfilment - ofus postage $ 2.00 4,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 1,000 $ 8,000 Digital Permits $ 1.00 1,000 $ 1,000 S 1,000 $ 1,000 5 1,000 $ 1.000 $ 1,000 Renewal notices emalled JNo charge/included) $ 5.000 5 S $ $ $ $ Customisation - per hour $ 120.00 5 Total $ 27,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 5 25,000 TICKETWRITERS Price Quantity YR1 YR2 YR3 YR4 YRS YR6 Galaxy S6Active/MF2Te 51,450.00 20 5 29,000 $ $ 5 $ $ Monthly fee (includes lost/stolen/damaged smarphone replacement) $ 70.00 20 $ 16,800 $ 16,80 $ 16,600 $ 16,800 S 16,800 5 16,800 Citations- 2.2S' citations for MF2Te printer 1 $ 0.06 SO,OW $ 2,800 $ 2,800 $ 2,800 1 5 2,800 $ 2,800 $ 2,800 Envelopes -custom Newportleach envelopes 1 $ 0.09 50,000 $ 1,800 $ 1,800 $ 1,800 $ 1,800 S 1,8001 $ 1,800 Total $ 50,40 $ 21,40 $ 21,400 $ 21,400 $ 21,400 $ 21,400 Postage Increases - USPS postage increases will be passed through directly on all postage -included items tv ar r ua Cost File 0 NEWPORT BEACH RFP#15 22 MODULE —A Software Costs: Processing Fees — Parking Citations This offer is contingent on having an active contract for Parking Collection Services with Turbo Data Systems. Issuance of Annual Annualto 100,000 50,000 Fee per Park/ng C/tatlon Issued (Electronic and Manual) $0.40 per c/tatlon Fee per Manua/ Parking C/tat/on Data Entry Included Included The price includes the following services: ✓ Entry/import of all citations ✓ Citation dispositions (bounced checks, payments, extensions, etc.) ✓ DMV interface (r/o retrieval and placing and releasing registration holds) ✓ Weekly/monthly reporting readily available and accessible over the Internet ✓ Toll-free telephone number (for public access) ✓ Interactive Voice Response System (IVR) ✓ Customer Service Representatives (8:00 am — 5:00 pm, Mon - Fri, excluding holidays) ✓ Daily pick up of payments and other documents from a TDS provided P. 0. Box ✓ www.pticket.com/nMMRg[Lbqagh Web pages customized for the City ✓ Database maintenance / Daily system backups ✓ Secure, online access for City Staff to citation database; City provides PC with internet access ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client support and Training Reminder Notices (Notice of V/o/at/on) $0.85 per not(ce malled Includes Postage) Includes: all forms, envelopes, return envelopes, printing and DOstaQe. Reminder notices are mailed 21 days after issuance or per agency timeline. Other Correspondence $0.85 per notice ma/led (Includes Postage) Includes: all forms, envelopes, printing andspo tage. NSF letters, Partial payments, Name and address changes, etc. Out -of -State Process/ng 30% of amt. collected No charge for payments off the windshield. Nlets electronic access for all 50 states. Rev/ew & Hear/ng Notices/ Letters $0.85 per letter mal/ed (Includes Postage) TDS mails all initial review result letters, hearing notification letters and hearing result letters as required. All forms, envelopes, and printing are included with the mailings. Paperless Appeals w/th eAppea/sPRO $1.50 per Appeal This service allows for online submitted appeals and a 100% PAPERLESS appeal system. All mailed -in appeals are scanned in to the system and are reviewable by City staff using the eAgoeal5PR0 online review system. All appeals are in the same place, and the documentation is saved electronically. A complete history of all appeals and their results who made the decisions etc. is available online at all times for the City. Payment Plans $10 per plan TDS will provide for the entry and tracking of Payment Plans within the existing TPW system. Reporting will be provided. �I I rhn rn n -r n W■ NV✓/ \\/ \ 1 1� T F p; re M.NEWPORT BEACH RFP#15-22 Credit Card Payments 1.596 of amountprocessed 1 • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database Processing Fees —Administrative Citations $0.85 each Annual issuance of 2 000 to 5 000 Fee per Admin Citation Manually Entered Notices, Correspondence, Partial Payment Notices, Hearing Letters, etc. $8 per citation Fee per Admin Citation Electronically Entered I $4 per citation Included The pricing above includes the following services: ✓ Citation Entry - ihcluding name and address of responsible party ✓ Citation payments/dispositions bounced checks menu extensions etc. ✓ Call Center live assistance Sam -Spm Monday -Friday (excluding Holidays) ✓ Weekly/monthly reporting readily available and accessible over the Internet 24/7 ✓ Daily pick up of payments and other documents from a TDS provided P. 0. Box ✓ Payment processing ✓ Bank deposits ✓ Database maintenance ✓ Daily system backups ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client Support ✓ www.igticket.cornlnewportbeach Web Dages customized for the City; available 24/7 Notice Mailing $0.85 each ✓ 11 class postage included. Certified/Other mailing costs will be billed to the City. ✓ Notices, Correspondence, Partial Payment Notices, Hearing Letters, etc. Credit Card Payments 1.5% of amountprocessed Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database Cost File NEWPORT BEACH RFP#15-22 PROCESSING FEES — PERMITMANAGEMENT Annual Issuance of 2,000 to 5,000 ONE TIME STARTUP COST $2,000 Includes: Database Creation, System Setup of Tables, Project Management, Client Approval, Client training, Web Site Customization MON7HL Y SER VICE/CLOUD-HOS77NG FEE $500 This fee will cover the basic maintenance and availability of the system for the public and the City. PERMITPROCESSSING FEES - Malled Requests, Review/Valldatlon by TDS $4/permit PERMITPROCESSSING FEES - Online Requests, Review/Valldatlon by 7DS $2/perm1t The FULL SERVICE price includes the following services performed by TDS: ✓ Accounts Established/Accounts Renewed ✓ Document Scanning/Storage ✓ Permit Entry by Resident & Uploading of Documents ✓ Mailed -in or OTC Permit Applications ✓ TDS Scanning, Data Entry, Payment Processing ✓ Account/Permit Validation (Decision Making) ✓ Detail and Summary reporting each month ✓ Bank deposits/Reconciliation as required into City's account ✓ Daily pick up of mail at a PO Box established by TDS ✓ All other correspondence will be mailed or scanned to and from TDS and the City ✓ "Self -Service" Internet access 24/7 for the public to view their permit information ✓ Call Center live assistance Bam-5pm Monday -Friday (excluding Holidays) ✓ TDS will review/validate permit applications/documents, and approve/deny the request Online (Digital) Permit — No Review — No fulfillment $1 per Permit MAILING SERVICES $1 per letter + first class postage This fee will cover the mailing of a single page of information, such as a simple renewal letter or a rejection letter, etc. Other mailings outside of the fulfilment process can be negotiated. FULFILLMENTSERVICES $2 perpermit + first class postage TDS will assign approved permits and deliver via mail with letter. SUPPLIES/PERMITS Provided by City Credit Card Payments 1.5% of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database 7. CUSTOMIZA77ON CHARGES (OP 77ONAL) $120 PER HOUR Cost File NEENEENEL NEWPORTBEACH RFP#15-22 Cost Increases for Module -A: Postal Rate increase Offset: If postal rates increase during the term of this agreement, fees to TDS shall be raised immediately to offset the effect of the postal rate increase. CPI Increases: Pricing may be adjusted by the CPI increase annually. Cost NEWPORT BEACH RFP#15-22 Module -B Hardware Costs: This offer is contingent on having an active contract with Turbo Data Systems for Citation Processing and Collection Services. Purchase ticketPRO Magic System 0 Galaxy 55A&Ive/MF2Te Printer Details for Purchase - Smartphones with Data Item & Description Smartphones: Samsung Galaxy S5 Active // 5.1" Color touch -screen // Military spec. MIL-81OG// Car Charger //Includes case purchased ticketPRO Magic Software and License Purchased ticketPRO Magic Software Setup/Configuration Initial setup and installation of software with Agency specific information // Includes 1 Day Training with initial purchase purchased ticketPRO Magic Software Maintenance and Support: Remote servicing and updates // Fast phone RemoteConnect support // email support for Agency requests Monthly Managed 4G Data Plan Monthly Enhanced Push -to -Talk Radio (ePTT): Phone -to -Phone or Group communication. A Desktop Dispatch Optional Monthly interface is included with every 10 phones activated with ePPT. City may choose how many phones to activate with ePTT. $10/mo./unit Lost/Stolen/Damaged Replacement - Optional: A fully configured smartphone with ticketPRO Magic Monthly software will be replaced within 3 full business days of reported incident with a deductible fee. Each covered phone can have two replacements in a 12 month period ($250 per replacement; $950 for V time). Printer Items ($250 deductible) Rate Item & Description Bluetooth Printer: Datamax MF2Te printer // 2" printer // Includes Lithium -Ion Battery // AC Charger Configured to Agency's ticketPRO Magic system purchased Optional Bluetooth Printer: Datamax OC3 printer // 3" printer // Includes Lithium -Ion Battery // AC Charger // $400 additional Configured to Agency's ticketPRO Magic system per unit Extended and Comprehensive Warranty (Optional): Parts & Labor, including physical damage or abuse TDS will provide a loaner unit while unit is in repair //excludes batteries and accessories purchased Belt Clip: Heavy Duty // Fits all utility belts // Wraps around belt with Velcro release Choose One -OR - Shoulder Strap: Heavy Duty Nylon // Adjustable comfort -wide w/purchase *saies tax not inciucieo. *Citations and Envelopes are additional All quoted prices are valid 90 days from the date submitted t•ffht � NEWPORT BEACH RFP#15-22 Module -C Parking Citation Collections Costs: (Note: Administrative Citations Collections are available at the same rates listed) Innovative Collection Services (ICS) 2395 of amount collected ✓ Delinquent Follow-up Collections for unpaid accounts ✓ All ICS notices are mailed at no cost to the City, including postage ✓ Unpaid amounts will be reported to a credit bureau, if legally permitted ✓ Toll free ICS number and P.O. Box provided to public to handle inquiries and disputes ✓ Payments can be made via mail or ww . ticket.com ✓ 30% cost recovery amount added to initial collection amount outstanding Franchise Tax Board Collection Services 23% of amount collected ✓ Social Security lookup (citations for one violator combined to one lookup) ✓ Notice mailed combining same violator's citations to one account ✓ Notices and postage are included. No Notice Fee ✓ Accounts sent to FfB Interagency Offset Program ✓ Toll free call center assistance ✓ Payments can be made via mail or www.pticket.com ✓ Monthly reconciliation and reporting of offset payments ✓ 30% cost recovery amount added to initial collection amount outstanding •rH�fn n -l -n Y3. L\: S TRAINING Turbo Data Systems (TDS) will provide the necessary training to ensure proper knowledge of all systems offered. We realize that there are several City departments/groups involved in each specific system. TDS will coordinate with City staff to ensure that everyone has the proper training for their specific area of operation. TDS will provide as many on-site training sessions as needed for the systems listed below. Training will also be available on -demand via online sessions as needed: • ticketPROWeb— ParkingCitations/eAppeals • ticketPROWeb —Administrative Citations • ticketPRO magic—Mobile Enforcement • Permit Manager TRAVEL There will be no travel cost for any of the training above. TDS's office is located within minutes of the City. Training, support and other meetings/visits with City staff will not involve any travel costs. HARDWARE SUPPORT/HOT-SWAP TDS takes support very seriously and understands that continuous operation is important for our customers. Although the proposed hardware is considered "Best -in -class', and based on experience, has been extremely reliable, a comprehensive warranty program is also included as part of this proposal. This extends the basic manufacturer warranty and improves on the turnaround time required for repairs. Furthermore, TDS will provide a hot -swap program to ensure that defective/non-operational hardware is dealt with quickly by providing a loaner hardware while the repair is being worked on. Loaner hardware will be pre -configured with all necessary settings, security and software and ready to be used upon receipt. If loaned hardware is a printer, a simple pairing will be required after receipt of printer. Smartphone hardware is insured and provides lost/stolen/damaged replacement***. Printer coverage includes parts & labor (even for physical damage or abuse). Batteries and accessories are excluded. Printers are not covered if lost/stolen***. ***This information was provided under the "Cost File", Module B, Hardware Cost, page 5 PERMIT MANAGEMENT SYSTEM IMPLEMENTATION TDS will have the Permit system available within 60 days of the start of the contract. Remittance Processing Turbo Data Systems (TDS) will provide check scanning deposits for the City at no charge. The Cityto provide scanner, remote deposit software and logon access for TDS users to perform remote deposit into the City's desired bank account. Data Integration Services No Costs for Data Integration Services for uploading payments and/or administrative citations. TDS will work with the City on uploading payment data electronically from the City's payment system. TDS will provide an interface for uploading admin citation data from the current system into ticketPROweb. PROFESSIONAL SERVICES AGREEMENT �\ WITH TURBO DATA SYSTEMS, INC. FOR (� PARKING PERMIT MANAGEMENT AND CITATION PROCESSING C� THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and 1 entered into as of this 10th day of May, 2016 ("Effective Date"), by and between the C CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TURBO DATA SYSTEMS, INC., a California corporation ("Consultant'), whose address is 18302 Irvine Boulevard, Suite 200, Tustin, California 92780, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant for Parking Permit Management and Citation Processing ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2022, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Twelve Thousand Forty Dollars and 001100 ($812,040.00), without prior written authorization from City. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Turbo Data Systems, Inc. Page 2 Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.5 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Roberta J. Rosen to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. Turbo Data Systems, Inc. Page 3 6. ADMINISTRATION This Agreement will be administered by the Finance Department. City's Revenue Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever Turbo Data Systems, Inc. Page 4 (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. Turbo Data Systems, Inc. Page 5 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership orioint-venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further Turbo Data Systems, Inc. Page 6 compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Turbo Data Systems, Inc. Page 7 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. Turbo Data Systems, Inc. Page 8 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Evelyn Tseng, Revenue Manager Finance Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Roberta J. Rosen Turbo Data Systems, Inc. 18302 Irvine Blvd., Suite 200 Tustin. CA 92780 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services Turbo Data Systems, Inc. Page 9 satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Turbo Data Systems, Inc. Page 10 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Turbo Data Systems, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 /(Olt By: 1 ��-•r) Aaron C. r P City Attorney ATTEST: Date: ! ,A71 CITY OF NEWPORT BEACH, a California municipal r.wporat Mayor CONSULTANT: Turbo Data Systems, Inc., a California corporation Date: S t %,1. tot C� `By Roberta J. Rose President / CEO Date: J Elie M. Sleimai Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Turbo Data Systems, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Turbo Data Systems, Inc. Page A-1 .. NEWPORT BEACH RFP#15-22 Module -A Software Turbo Data Systems (TDS) has software solutions for parking citations, administrative citations and an online permit management system. Our applications are cloud -based and accessible via a web -browser. They do not require any software installed locally. Entered citations, payments, adjustments, notes, etc. occur real-time and are available to all users immediately. Adding ticketPRO Magic mobile for enforcement will result in an always connected, real-time enforcement system for your agency. Al Parking Citation Processing System Our ticketPROWeb parking system is cloud -based, secured, and fully supported and maintained by TDS. The following sections provide details of the ticketPROWeb system, plus our public accessed application, pticket.com, and our customer service call center. A1.1 Data Entry from Manual Citations: Manual citations are forwarded to TDS with via mail or scan. All manual citations are processed within two working days of receipt. All citation transactions are completed with tight controls to prevent errors. Edit capability allows corrections for all citation information fields. Each batch of citations is logged for tracking through the process. The date of receipt and who received it, the data entry operators' ID and the date it was keyed, the count of citations in the batch, the fling person's ID and the date it was filed are all tracked on the log. This citation batch log is updated as the batch goes through the process. The log is a tool for supervisors to verify that all work is completed in a timely manner. Citations not processed due to incorrect or missing information are returned to the City for clarification. Entry of disposition and other non -citation information is also a critical step in the processing cycle. Citations that have been dismissed by City staff are updated to reflect the reduction or cancellation action that has been taken. Also, suspensions and extensions are recorded when requested in writing by the City. Dismissals, suspensions and extensions are processes that can be performed either by City staff or by TDS. TDS scans all Manual citations and they are viewable by the City online from our Citation Inouiry and Online ADoeals systems at the touch of a button. TDS files all hard copy citations and can provide these documents upon request by the Agency. .. NEWPORT BEACH RFP#I5-22 The citation database includes the following information: CITATION INFORMATION Citation Number Date Citation Entered System Issue Date &Time Operator Initials Issue Day Citation Batch Number Meter Number Citation Comment Lines (64 characters) Permit Number Vehicle License State & Type Issuing Officer Badge Number Registration Expiration Date on citation Violation Code Citation Vehicle Make Vehicle License Number DMV Vehicle Make Reminder Notice Date Vehicle Color Additional Notice Dates Vehicle Identification Number DMV Hold Date Violation Location DMV Hold Status (Placed, Released, Etc.) Citation Fine Amount Associated Penalties Delinquent Date REGISTERED OWNER INFORMATION Registered Owner Name and Address Registration Expiration Date from DMV Date RO Name was Retrieved Operator Initials Old Name Retention from Changes due to Sold/Rented/Leased Vehicles PAYMENT POSTING INFORMATION Citation Number Date Entered Disposition Code Amount Received Payment or Dismissal Date Operator Initials A1.2 Electronic Citation Input (ticketPRO Magic): As electronic tickets are issued, they are transferred to our server for immediate access to citation information for Newport Beach, the public and TDS. A habitual offender (scofflaw) list is generated daily and is available for lookup from the ticketPRO device. The criteria making a vehicle eligible can be changed as some agencies are more lenient, allowing vehicles to obtain more than five delinquent citations before booting/towing as stated in the California Vehicle Code. A1.3 Client Online Access — ticketPROWeb Database: Cloud -based access is available to the City using a web -browser and a secure Internet Connection 24/7. Real-time access offers our clients the most current database information. All transactions such as citation records, payments, dismissals, administrative adjudication information, notes, registered owner information and all other citation data are immediately displayed and can be printed if desired. ticketPROWeb allows retrieval of information by citation, license plate with wild -card search, name and VIN. The search results can be sorted or used to select individual citation details, plates or registered owner names. Results can be filtered by citation status types of All, Open, Delinquent and Closed. Searches can also be done by predefined or custom date periods. Module-A SoftwareNEWPORT BEACH RFP#15-22 Our citation details screen contain all pertinent information on each citation: Citation Date/Time DMV Registration Expiration Violations and Fines DMV Registered Owner Name/Address Location of Violation Responsible Party Name/Address Current Status Payment Status and Due Dates Vehicle Information Contesting Dates and Results DMV Vehicle Make Notices Mailed and Dates DMV Vehicle VIN Payment and Collections History Additional information is easily available through toolbar buttons: Scan of Original Manual Citation Listing and Amount Due for Habitual Offender (Bootable/Towable) Vehicles View PDFs of Notices Mailed View Photos/Map taken by ticketPRO Mobile View Submitted Contesting Documents for appealed citations View all Prior Names/Addresses associated with citation Review or Add Notes added to the Citation by City Staff or TDS Call Center City personnel can easily inquire on and update citation information using a single interface. Dismissals, administrative holds, payments, extensions and fine reductions can be completed by authorized staff. All access is granted by using role-based security. For audit tracking, each transaction is stored with the ID of the person entering the transaction. Dismissals, administrative holds and payments can be entered with a prior received date. Partial payments and write-offs can be entered through this system as well. A1.4 Registered Owner Name Retrieval: TDS has a direct online interface with the California Department of Motor Vehicles (DMV) for the retrieval of registered owners' names and addresses for California vehicles. DMV requests for registered owners are submitted each business day. Multiple citations issued under one plate or VIN may have different registered owners depending on the issue date of the citation. Most registered owner information is retrieved within 48 hours of a citation being entered. During the name retrieval process, the vehicle make on file with DMV is obtained and compared with the make from the original citation. Discrepancies are reported and investigated to ensure the license has been entered correctly. Upon correction the citation is once again eligible for DMV name retrieval through our automated system. During the name retrieval process, the full vehicle identification number (VIN) and the registration expiration date is retrieved and placed on the system. This allows a comparison of the last 4 of the VIN on the citation with the VIN from the DMV and also the registration expiration date on the citation with the registration expiration date at the DMV. These are important tools to verify that the license plate on the citation was recorded properly and that the correct violator is pursued. fi., -b •.. .. NEWPORT BEACH RFP#IS-22 When a name and address is not available from the DMV on the first inquiry, multiple attempts are made until we successfully obtain an R/0 or at a minimum nine (9) attempts. Corrections are made when necessary and the DMV name retrieval process continues. This process has been successful in ensuring accuracy and increasing both our DMV Hit Rate and collection rate. Updates are conducted on citations when a change of ownership or notification of a rental with bona fide proof is received. All prior name information is kept on the system for historical reference. Once these updates are made, another notice is mailed to the responsible party. A1.5 Out -of -State Registered Owner Name Retrieval: A Registered Owner inquiry is generated for citations issued to vehicles registered outside California. TDS currently has agreements to retrieve registered owner information from all DMVs in the United States, Washington DC, and Canadian Provinces that allow retrieval of registered owner information. TDS is a member of Nlets (National Law Enforcement Telecommunications System), Nletswhich is similar to Clets, only on a national basis. Nlets allows electronic access for all 50 states for vehicle registered owner information. Non -California registered owner names are retrieved daily and on -demand. Partnering with Nlets bring many benefits to our customers including access to Privacy States such as Arizona and Nevada. These states are not available through other commercial out-of-state service providers. All specific out-of-state activities (generation of inquiries, sending inquiries, update of citation records with name and address information), are functions of the out-of-state process and happen automatically. A1.6 DMV Registration Holds/Releases: DMV registration holds are placed each business day for delinquent citations in accordance with standards set by the City, the California Vehicle Code and any other applicable laws. Releases of registration holds are sent to the DMV each business day for every paid or dismissed citation that was on DMV hold. TDS has the ability to inquire/update DMV records and Disabled Placards on demand based on a request by the City. This eliminates the need for issuing abstracts on closed citations. The DMV is notified each business day to modify the amount due on citations already on DMV hold that receive a partial payment. DMV Status Reports are published monthly for citations placed/released from DMV hold. A report of payments made at the DMV is provided to the City for reconciliation. Turbo . • . 1 . NEWPORT BEACH RFP#15-22 A1.7 Payment Processing: Mail is picked up each weekday from a Post Office Box provided by TDS. Payments are processed immediately. All information entered into our systems is updated real-time. Payments are sorted by postmark date and processed each day. Audit controls are in place to ensure accountability of all transactions and monies for payment processing, from initial receipt through final resolution and filing. TDS staff does all payment processing in-house. Payment batches are balanced and reconciled at three separate steps of our process. Payments are processed into the system within two (2) business days of receipt. TDS currently scans and deposits checks to several of our customer's bank accounts on a daily basis. This electronic check deposit option is fast, safe and secure. To reduce the number of refunds required to be processed by the City's finance department, TDS does not accept duplicate payments or payments attempting to be made toward citations which are already closed. Deposit slips are matched to the payment batches prior to the daily bank deposits. Bank deposits are made by courier each day. Deposits are made within two (2) business days of receipt (one day for scanned check deposits). Online reporting to the City is available to review daily processed payments. All payment documents are stored in an easily retrievable format. Payment documents are stored for two years and then periodically shredded. Unmatched Payments: Our system has the ability to accept payments for citations that are not yet in the system. Basic information about the citation is entered into the database with the payment. Upon receipt of the original citation, the basic information entered with the payment is compared for accuracy and all other data fields are updated. Partial Payments and Returned Checks: A second notice is mailed for bounced checks (adding a returned check charge to the system that is established by the City), and for the balance due on partial payments or payment plans. If no payment is received on these second notices, the system continues processing the citation through the penalty phase and additional notification. Due Date Extensions: The system has the capability to accept suspensions or due date extensions when requested by the City. These entries can be entered by the City or by TDS upon request. Payment Plans: TDS can set a payment plan expiration date with or without late penalties. After each payment, a notice will mail showing the total amount paid and amount due. If full payment is not received, the system automatically resumes the citation process (DMV, Collections, etc.). �awi�✓v �.�' .. NEWPORT BEACH RFP#IS-22 Refunds: TDS will record and report refunds to the City. The City issues the refund check. A1.8 Online Credit Card Payments: Payments by Credit Card are accepted 24/7. The system secures immediate authorization from the processor, with immediate updates to the citation status in real time. Pticket.com website is PCI compliant. For online payments, an email is generated to the payee on the web with their unique confirmation number/payment information. Funds collected are deposited daily into a TDS bank account. Daily reconciliations are performed by TDS. Each month, after a final reconciliation, TDS will transfer funds to the City's parking citation bank account. TDS will then provide summary and detail reconciliation reports. Credit Card Chargebacks: When a chargeback is received, the monies are deducted from a TDS bank account and TDS staff performs any required adjustment to the parking citation database. We reopen the citation, and send a delinquent notice to the violator. The city is not involved in the chargeback process. All credit card reconciliations and chargeback issues are dealt with entirely by TDS staff. A1.9 Internet Capability for the Public (aticket.com): is a fully interactive web -based system which provides the public with online inquiry, payment capability, and online appeal access for their parking citations. Information provided to the public includes: Detailed citation information Adjudication information Contesting information Pay single or multiple citations Citizens accessing the www.l)ticket.com/newportbeach or www.pticket.com/nb website will find only specific information related to Newport Beach parking citations. No other agency data will be displayed. Newport Beach city graphics (logos, banners, etc.) can be used, to complement the look and feel of the Newport Beach web site. Also included are several web pages with content unique to the City. These pages can be customized to reflect the desired information about your parking program; contesting, payment options, parking forms, etc. Data security is provided using the highest industry SSL encryption, pticketcom is fully PCI compliant. The website address link can be placed on the City's website to provide a convenient link. Online Appeals: Through the pticket.com website, we provide an integrated online appeals process that is completely paperless. The system is dynamic in that it will prevent late appeals from being submitted, saving the City time, money and resources. Once they have submitted their Lus uv �.�' .. NEWPORT BEACH RFP#15-22 electronic appeal, and uploaded any desired documents, the appeals are then reviewed online. A confirmation of each submitted appeal is emailed to the citizen. The citation process is suspended pending review of the appeal, saving considerable processing effort and time. All processed appeals and decisions can be reviewed at any time by City personnel. All results and key dates for initial reviews and hearings are viewable on pticketcom, including the written reasons if the citation is upheld. Result and notification letters are automatically mailed as per requirement of CVC 40215. A1.10 Toll -Free Telephone Service for the Public: TDS will provide a toll-free telephone number for the public to inquire on parking citations 24/7. The phone switch in our Tustin office currently receives over 12,000 calls per week. Interactive Voice Response System: TDS' Interactive Voice Response system (IVR) provides real-time, detailed citation information directly linked to the City's database. Each caller has the option of hearing the information in English or Spanish. The IVR allows parking citation recipients 24/7 access (with maintenance occurring between 12:00 midnight and 1:00 a.m.). The public can inquire by citation number or license plate number and obtain the issue date, citation number, delinquent date and amount due on all open citations. The system has the unique ability to relay contestino status on citations in the adiudication process. Pre-recorded, Newport Beach specific information includes a greeting, the address for mailing a payment, making a payment over the Internet, instructions for contesting a citation and instructions for correcting equipment violations. Options for reaching a Customer Service Representative are also available through this system. All calls can be recorded and provided to the agency. Customer Service Representatives: TDS Customer Service Representatives are available during our normal business hours (8:00 am — 5:00 pm). TDS employs and trains staff with the ability to respond to calls received in English and Spanish. We provide in-house training to all of our Customer Service staff allowing them to provide general information on each City's policies and procedures with the ability to research information and respond accordingly. In addition the staff is also trained to handle complaints professionally and provide information on all levels of the administrative adjudication process. TDS has the ability to enter "Notes" on a particular citation or license plate as calls are taken in instances where specific information will be helpful for future reference. All "Notes" entered can be viewed and/or printed by the City and TDS staff. A1.11 Custom Notices: Our professionally printed notices are printed in color and were designed for ease of reading and providing important information to the public, as well as containing all information required by the California Vehicle Code. Our notices meet all current requirements for size, proportion and weight NEWPORT BEACH RFP#15-22 as defined by the USPS. All notices, letters, andosp tage are provided by TDS and mailed using first-class mail. Parking violation notices are mailed based on a City -determined schedule. All mailings are imprinted with the post net barcode and FIM markings as requested by the USPS. NOTICE FORM INFORMATION Issuing Agency & Description Amount Due Before Due Date Phone Number for Inquiries/Questions Amount Due After Due Date Registered Owner Name & Address Consequences of Late Payment Vehicle State & License Plate Number Consequences of No Payment (DMV Hold) Vehicle Registration Expiration Date Scofflaw/Repeat Offender Repercussions Vehicle Make/Calor/Full VIN Payment Mailing Address Citation Number, Issue Date & Time Return Envelope Violation Location Payee Name Notice Mailing Date Inquiry/Payment Website Address Violation Description Instructions to Clear/Contest Citation Due Date Using the Postal Service National Change of Address (NCOA) database allows TDS to ensure the most rapid and accurate delivery of notices. This feature allows the new address of respondents that have moved (and filed a notice with the USPS) to be directly printed on the notice form as it is mailed, to eliminate the time delay normally encountered by the mail piece going to the old address, getting a forwarding sticker, and then going to the new address. Mail returned as undeliverable is tracked and identified as returned mail on the inquiry screen. Notices contain all information required by the California Vehicle Code. A unique feature of our system is the ability to modify the agency -specific text that is printed on the notice. This allows the City the Flexibility of changing the text should policies or procedures change (i.e. hours of operation, etc.). A1.12 Correspondence Processino: All correspondence mailed to citizens on behalf of the City is automatically laser printed by the system and documented in the system for future reference. All correspondence to the public provides complete citation information, amount due and instructions regarding how to make a payment. A bar-coded, pre -addressed stub is included for payment and documentation return. Vehicle Change of Ownership/Rented Vehicles: Daily updates are performed on citations when a change of ownership or notification of a rental with bona fide proof is received. All prior name information is kept on the system for historical reference. Once these updates are made, another notice is mailed to the new responsible party. A1.13 Reporting -Client Parking Information Portal: luaruv �.�' .. NEWPORT BEACH RFP#15-22 TDS provides its customers with a dedicated web site accessible to authorized personnel. This site provides access to parking related information and resources available 24/7. Some of the information includes: Online reporting through REPORTNet Statistical information Dashboard Turbo Data contact information Agency bail schedule and officer roster Links to California Vehicle Code, DMV and Industry related news and updates TDS will provide the City with a wide variety of electronic reports. Over 40 standard reports are generated. Custom reports can be created on an as needed basis upon request at no additional cost to the City. Frequency of reports generated can be on a one time only basis, monthly, weekly or as the City desires. Report categories currently provided include: Officer Activity Reports Administrative Adjudication Reports Billing Reports Citation Reports DMV Transactions Financials Scofflaw (5 or more) Detail Reports FTB and Collection Services Management Reports State/County Allocation of Parking Penalties Using the Internet, authorized City staff is provided with a unique logon and password. These reports are provided in PDF format and can be viewed and printed. Reports can be viewed online 24/7 and will remain online for a minimum of three (3) years. A1.14 Systems Interfacing and Inteoration: TDS Systems are designed to perform flexible data interfacing to send and/or retrieve required information with City systems and third -party vendor applications. We have successfully integrated with: • Specialty hot lists, LPR systems such Vigilant Solutions, Genetec • Parking Permit systems such as Credential Solutions • Pay-by-space/Pay-by-Phone systems such as MobileNow! Additional vendor system integrations are in the works such as PassportParking, Digital Pay Technologies, and ParkMobile. Data Exchange: TDS exports citation data to for several of our agencies as requested. For example, TDS currently exports citation data to the Coplink system for the San Mateo County Cities (30 Cities). TDS also provides data export to many of our customers using RIMS records management system. TDS has also partnered with License Plate Recognition systems to provide scofflaw information to flag 5 or more delinquent citation vehicles to send an alert to the agency's tow service. Parking Permits/Data Import: TDS' ticketPRO Magic can import parking permit data from the City for residential/lot permit status (expired, stolen, invalid, etc.). turbo M .. NEWPORT BEACH RFP#15-22 A.15 Processing of Administrative Review Requests: TDS has provided Administrative Appeal/Review & Hearing Tracking Services to our clients since 1993 and the inception of California Vehicle Code 40215, which governs the processes for appealing parking citations. Our Administrative Appeals process was designed to save our clients a significant amount of time, relieving the staff of the day-to-day clerical tasks associated with the process, and to provide an organized, efficient and professional way to process their appeals. We provide the scheduling of hearings and mail all required hearing notifications. Benefits of Using TDS' Adjudication Service Automatically tracks each citation through the adjudication process Dispositions (liable, not liable, liable for a reduced amount, etc.) are entered and updated R Dispositions can be entered by the City or TDS ■ Automatically posts and requests refunds on dismissed citations that are aleady paid ■ Automatically tracks due dates for contesting as described in CVC 40215 ■ Interacts with other automated systems - IVR and citizen Website - pticket.com ■ Public can appeal online, with the ability to upload photos and files ■ City can perform paperless online reviews and decisions through eAppealsPRO ■ Provides specific status on IVR and pticket.com on contested citations ■ Automated hearing scheduling ■ TDS staff works directly with the City and the hearing officer when scheduling in-person hearings ■ Automated letter mailings which include decision codes at Sn and 2nd level and also hearing notification letters which provide specific date, time, location and directions to the hearing Using this service has proven successful by having appeal information easily accessible in the parking citation database. All adjudication activities are tracked real-time by the system and therefore are available to the public 24/7 online and by telephone. The process starts with TDS entering all Initial Review requests into the system. Citations are stopped from progressing further in the citation process (no notices, etc.). The City determines the disposition of each contested citation. A decision code corresponding to a brief description of the reason that will appear on the result letter is selected. The system automatically activates the citation and sends a result letter with information relating to the decision and amount due. Administrative fines for disabled parking violations (CVC 40226): These reductions are handled through the adjudication system. Fines reduced to an administrative fee are not included in the monthly surcharge calculations. Reporting: Reporting for the Adjudication system includes a monthly report of Outstanding Administrative Reviews and the Administrative Adjudication Services report which provides a summary of the adjudication activities for the month. A.16 eApoealsPRO — Paperless Appeals: Through our online review system, the City can review the submitted online appeals, including uploaded files and photos. Mailed in appeals are scanned and added for a fully paperless appeal review process. Prior citations, phone notes and City notes for all citations issued for the same .. NEWPORT BEACH RFP#I5-22 license can also be viewed. For our clients that use ticketPRO Mobile ticketwriters, citation photos taken are added to each online appeal. Notices are automatically stopped at appeal submission and activated when the online decision is made. All appeal and decision documents are stored electronically on eAppea/sPRO for immediate access and viewing by the City. Results can be filtered by violation, decision reason, etc. Additional documents may be added for appeals continuing to the hearing level. A1.17 Administrative Hearing Scheduling Services: Payment of the citation fine is required at the time of hearing entry. In the case of indigence, the system allows an override to accept the hearing request without payment of the fine. TDS schedules in-person hearings based on City specific dates and times within the 90 day CVC requirement. In-person hearing requests receive a hearing date notification letter with detailed instructions for the scheduled hearing. If requested, one reschedule is allowed for the appellant. The hearing examiner records the decision for each hearing. TDS then sends the hearing result letter out to the appellant. The TDS Hearing Result letter includes the reason that the violator was found liable, the requirement based on AB 602 from January 2009. Hearing schedules are available online for City viewing. Reporting for the Administrative Hearing portion of the system includes a monthly report of Hearing Results by Violation and a report of Outstanding Hearing Requests. A1.18 Hearing Officer Coordination: TDS staff will coordinate with Newport Beach regarding the dates and times for hearings to be scheduled. TDS staff ensures that both the Hearing Officer and a room are available three (3) weeks in advance of scheduling hearings and prior to mailing Hearing Notification Letters to the citizens. TDS will notify the agency and Hearing Officer of any hearing reschedules. Hearing information and documentation is prepared in advance of the hearings. The Hearing Officer will select from a custom hearing disposition code list and enter the results electronically. TDS will mail result letters and file any required documentation. When a liable decision is appealed further through the court system, TDS will provide the City with all related documents for the City to appear at court. Information regarding court appeals is also tracked in the system for each citation. .. NEWPORT BEACH RFP#IS-22 A2 Administrative Citation Processing TDS will provide Administrative Citation Processing for the City of Newport Beach as requested in the RFP. This service is designed to provide the core services to support Administrative Citation issuance. The system operates in a similar fashion to the parking citation processing system. The process includes: Data Entry, Mail Processing, Revenue Collection, Notice Mailing, and Online Payment and Inquiry. Administrative citations will be separate from parking processing, so they may have their own unique timeline for noticing, penalties, adjudication and reporting. A2.1 Data Entry from Handwritten Citations: • Administrative citations issued by officers will be batched or scanned, and forwarded to TDS. • When received, the citations will be entered into the administrative citation database. • All handwritten citations are entered into the database within two working days of receipt. • Citations not processed due to incorrect or missing information are returned to the City for clarification. • Citations that have been dismissed by City staff are updated to reflect the reduction or cancellation action that has been taken. • Suspensions and extensions are recorded when requested in writing by the City. • Original administrative citations are viewable in the TDS inquiry system at the push of a button. • Hard copy citations will be stored and then shredded periodically. A2.2 Mail Processing: • Correspondence and payments sent by violators will mailed to a P.O. Box • A TDS courier will pick up the mail on a daily basis • Payments are processed immediately • Any correspondence will be reviewed and, where appropriate, forwarded to the City A2.3 Payment Processing: • Payments will be sorted by postmark date and processed • TDS collection staff audits and prepares payments for data entry • All payments are posted and revenue is balanced • Deposits are made by courier each day • TDS does not accept duplicate payments or payments attempting to be made toward accounts which are already closed • TDS staff does all payment processing in-house • A daily report of all citations paid is available online to be viewed by authorized City personnel • All payment documents are stored in an easily retrievable format • Payment documents are stored and then periodically shredded • Returned checks generate an additional notice with a returned check charge determined by the City • Partial payments generate an additional notice showing the total paid and balance due • Due dates can be extended or processing suspended on citations when requested by the City . • NEWPORT BEACH RFP#25-22 A2.4 Custom Notices: • TDS mails up to five notices for each administrative citation • The notice will demand payment for the uncollected amount and provide information on payment options including addresses and methods of payments • Delinquent dates and amounts will be provided on the notices • Administrative violation notices are mailed based on a City -determined schedule • All standard billing notices are sent first class mail with a return payment envelope • The Postal Service National Change of Address (NCOA) database is used to reduce returned mail and ensure the most rapid and accurate delivery of notices • Mail returned as undeliverable is tracked and identified as returned mail on the inquiry screen A2.5 Correspondence Processing: • All mail received at TDS is sorted by category (payments, correspondence, etc.) • Correspondence related to citations will be forwarded to the City of Newport Beach to the appropriate department. • All correspondence is processed within two business days of receipt • Envelopes for all correspondence are stamped with the date received and kept with the source documents to validate the posting dates used for processing A2.6 Client Online Access — Citation Database: • Real-time online access is available to the City using a PC and a secure Internet Connection 24/7 • All transactions such as citation records, payments, dismissals, administrative adjudication information, notes information and all other citation data are immediately displayed and can be printed if desired • System allows retrieval of information by citation number, case/ID number, location or full or name • City and TDS can add notes or phone notes, all viewable by the City. • Original administrative citations are viewable in the TDS inquiry system at the push of a button • All transactions and notes are identified by date and ID of the person who performed the entry. • Access is granted by a secure logon password. Specific profiles are assigned to each user. A2.7 Reporting (ReportNet): TDS will provide the City with a wide variety of electronic reports. Reports can be created on an as - needed basis upon request at no additional cost to the City. Frequency of reports generated can be on a one time only basis, monthly, weekly or as the City desires. Using the Internet, authorized City staff is provided with a unique logon and password. Reports are provided in PDF format and can be viewed and printed. Reports can be viewed online 24/7. fi' #'. �.. .. NEWPORT BEACH RFP#SS-22 A2.8 Client Citation Information Portal: TDS provides its customers with a dedicated web site accessible to authorized personnel. This site provides access to citation related information and resources available 24/7. Some of the information includes: • Access to REPORTNet for online reporting • Statistical information for various citation metrics, measures and comparisons • Turbo Data contact information • Agency -specific information such as violation schedule and officer roster • Link to Agency's online Municipal Code, if available A2.9 Internet Capability for the Public (pticket.com): TDS has a fully interactive web -based system which provides the public with online inquiry and payment capability for their administrative citations. Citizens accessing the website will find only specific information related to Newport Beach administrative citations. They will not pull up data from other agencies, or see other agency names when they enter information for a Newport Beach citation. • Data security is provided using industry standard 128 -bit SSL encryption • pticket.com is fully PCI compliant • This website address link can be placed on the City's website to provide a convenient link for the public to view any or all citation information for the City of Newport Beach • Administrative hearing information is displayed on contested citations, including the reasons that citizens were found liable are also displayed online A2.10 Credit Card Payments: • Our pticket com website accepts citation payments 24/7 over the Internet • pticket.com interacts directly with the Newport Beach database for real-time update • Payments are accepted via Visa, MasterCard, and Discover. • Upon approval of payment, a confirmation email is sent to the customer with their unique confirmation number/payment information A2.11 Telephone Service for the Public: • TDS will provide a toll-free telephone number for the public for citation inquiries and payment assistance • Automated information will be available 24/7. TDS Customer Service Representatives are available during our normal business hours (8:00 am — 5:00 pm) • TDS employs and trains staff with the ability to respond to calls received in English and Spanish A2.12 Processing of Administrative Hearing Reauests: TDS' administrative hearing processing tracks relevant dates, automatically interfaces with and updates the citation system, provides adjudication status on pticket.com (public website) and mails all notifications. TDS handles all hearing scheduling, mail and notifications. .. ,NEWPORT BEACH RPP#15-22 All hearing activities are tracked by the system and are available for review by the public 24/7 online (pticket.com). The Administrative Hearing Tracking System is fully integrated with the citation database and has complete inquiry capabilities for the City. If a citation is dismissed and an amount has been paid, a refund request is generated. A2.13 Administrative Hearing Scheduling: Payment of the citation fine is required at the time of hearing entry. TDS schedules in-person hearings based on City -specific dates and timeframes per City Municipal Code requirements. In-person hearing requests receive a hearing date notification letter with detailed instructions for the scheduled hearing. TDS sends a hearing packet to the City with a schedule list and cover page prior to the hearing date. The hearing examiner records the decision of each hearing which are then returned to TDS to update the database. Hearing schedules are available online for City viewing. Reporting for the administrative hearing portion of the system includes a monthly report of Outstanding Hearing Requests. A2.14 Hearing Officer Coordination: TDS staff will coordinate with the City regarding the dates and times for hearings to be scheduled. TDS staff ensures that both the Hearing Officer and a room are available three (3) weeks in advance of scheduling hearings and prior to mailing Hearing Notification Letters to the citizens. TDS will notify the agency and Hearing Officer of any hearing reschedules. Hearing information and documentation is prepared in advance of the hearings, including a form for the hearing examiner to use to indicate their findings. The Hearing Officer will select from a custom hearing disposition code list. TDS will mail result letters and file any required documentation. • • NEWPORT BEACH RFP#IS-22 A3 Permit Management Software The Permit solution offered by Turbo Data Systems, Inc. (TDS) is designed to facilitate the handling and management of permits issued by our customers. The public/residents can use the solution to register, apply for/purchase permits and manage their profile, City staff can track and review this information online using Permit Manager. The solution is comprehensive with many options/features that can be setup to meet the requirements or preferences of our customers. The solution is cloud -based with a "self-service" approach allowing the public to purchase their permits, review and edit account and vehicle information. There are various options to handle the registration process and there can be multiple type of registrations such as Residential, Business and General. Each option offers specific business rules to suit our customer's requirements. Applicant(s) can register for an account, apply for a permit and upload required documents all at once. These documents can be verified by both the City and TDS. Once approved, account/permit can be fulfilled electronically or via mail depending on the type of permit. The permit management system is scalable and designed to handle multiple permit types: • Multiple physical permits and multiple combinations (stick -on, hangtag) • Virtual Permits — Uses vehicle plate • Guest Permits • Temporary Permits • Multiple Residential Zones/Districts • Annual residential permits • Business parking permits • RV permits • Daily Permits • Discount Permits for qualified applicants yf NEWPORT BEACH +x00 .. NEWPORT BEACH RFP#15-22 To provide the flexibility to support various types of permits, each permit may be configured with specific features/options to comply with customer requirements. Here are some of the parameters that control each permit type: Feature/ Parameter leakription Active Date/Inactive Date Controls the date a permit becomes active/inactive Validity Controls the term of the permit. Daily, monthly, yearly, etc. Renew Term Control renewable period Permit Stock Controls permit inventory allowing quantity limits and date duration Permit type Defines type such as Decal, sticker, hang -tag, etc. Require document for new permit Indicates if documents/proofs are required for new permit Require document for renewed permit Same as previous but controls the renewal process User Date Selection Indicates if the user can select a date for the desired permit Advance Order Days Controls if a permit can be ordered before effectivedate Renew Reminder Days Controls the number of day reminders should be sent Automatic Approval Auto -approves a permit that does not have special requirements. Email Permit Indicates that the permit should be email (pdf) Print Permit Indicates that a permit should be generate immediately and The solution also provides a flexible way to control the content of email messages sent to the shown/downloaded as pdf. Delivery Option Controls delivery by mail or in-person pickup; options maybe selectable Prorate Permit Fees Controls to allow for proration and tiered fee structure Required Document Category Controls the category of document are required such as Proof of Residency, Proof of Person, Proof of Vehicle, etc. Required Document Sub -Category Controls the sub -category such as Tax Bill, Rental Agreement, Utility Bill, Driver's License, Vehicle Registration, etc. Vehicle Required Fields Controls what vehicle information is required such as make, color, etc. Associated City Street (zone/districts) Controls if a permit is available for a specific zone/district. Qualified Addresses are specified by street number, street name, and apartment/unit number. Associated Account Type Controls if a permit is available for a specific account type such as Business, Residential, and General Permits. Permit Cost Cost for permit Permits Allowed Number of permit allowed per address, resident, etc. Replacement Fee Specifies any fees associated with replacement of a permit Change Fee Specifies any fees associated with changing a permit (re -assign vehicle) The solution also provides a flexible way to control the content of email messages sent to the applicant. This is handled by using email templates which allows for rich content and can be customized for the following: Account Registration • Submittal email • Approval email • Denial email Permit Application • Submittal email • Approval email • Denial email .. NEWPORT BEACH RFP#15-22 A3.1 Description of Basic Service The process includes services for both online and manual permit processing. Online processing includes: • New account registration • Review of account application and required documents • Electronic notification of approval or rejection to resident • Permit application • Review of permit application and required documents • Electronic notification of approval or rejection to resident • Online payment processing — via secure website • Fulfillment Manual processing of mailed in and over the counter applications includes • Mail retrieval • Opening and sorting of incoming documents • Data entry • Scanning • Revenue collection • Review of documents • Notification by mail of approval or rejection • Permit validation • Fulfillment TDS will perform the verification of required documents (proof of residence verification, vehicle license information, etc.), data entry, maintenance functions, permit fulfillment and all required mailings. A3.2 Data Entry Permit applications accepted from public/residents will be scanned and processed. Applicant will be notified if there is a discrepancy or errors on their application. A3.3 Mail Processing Correspondence and payments mailed by public/residents will be directed to a designated PO Box. All mail will be separated between correspondence and payments. A3.4 Payments and Revenue Collection TDS will process all payments received into the Agency's bank account. Payments will be sorted by post mark date and batched. Once the payments are posted and the revenue is balanced, a deposit will be prepared and sent to the bank. Online payments will interface with Agency's account merchant services. Accepted credit card payment types will be controlled by Agency's account merchant services. .. NEWPORT BEACH RFP#15-22 A3.5 Corresoondence Processina TDS will scan permit applications and other received documents for electronic archival. Data will be entered from the documents to initiate a new permit request. TDS will verify the required documents and will not fulfill permits until the verification process is complete. A3.6 Application Review and Permit Issuance TDS will review and verify permit applications and associated documents against City policies and guidelines and a decision to grant a permit will be made. Approved permits will be recorded and permits will be issued. A copy of each document used for verification will also be kept on file. Incomplete permit applications will be returned to the applicant with a letter and/or electronically via email requesting additional information. A3.7 Notice Mailing Annual renewals will be mailed and/or emailed to each account as specified by the City. The notice will provide permit account information and payment options, with instructions for payment online and by mail. Other correspondence will be mailed and/or emailed as necessary (denial letters, requests for more information, etc.). A3.8 Aaencv Online Access TDS will provide the City with cloud -based access to the Permit Manager. This access will allow City staff to search for specific information, view documents that have been uploaded. The City will be able to lookup and sort permits based on Permit and Account Status. Examples are: Accounts/ Reaistration Pending Accounts Perm its Ready for Fulfillment Submitted for Approval Active Permits Approved Accounts All Permits Rejected Accounts Inactive Permits Lost/Stolen Permits Expired Permits Our permit system will archive the history of each permit account so that the City staff can viewthis information when needed. All history changes will be identified by staff or customer and will include date, time and user ID. The City will designate individuals who can access the system. Security roles will be used when creating access accounts for City staff. A3.9 Public Online "Self -Service" Access TDS will provide a cloud -based "self-service" website that residents can use to complete a permit application, upload required documents, and pay for their permits. The website will accept payments made with Visa, MasterCard or Discover. !. ,., -✓ 0 . " .. NEWPORT BEACH RFP#15-22 The website can display description/FAQ related to the permit program, as well as provide forms and instructions for a manual permit application. A Link to the City website can also be provided. A3.10 Real -Time Enforcement The TDS permit solution was designed to interface directly with our ticketPRO magic mobile enforcement to provide real-time on parking permits. Officers in the field will be able to check on permit status and receive pertinent information regarding the type and status of each permit. ticketPRO magic can search by Permit number as well as by Plate for virtual permits. The solution can integrate with LPR systems by providing real-time permit information such as type, status, lost, stolen, temporary, etc. TDS would work with the City's LPR vendor to ensure smooth integration. A3.11 Unpaid Citation Notification The solution will interface and report on outstanding parking citations owed. This can be used to prevent/disallow purchase/renewal of a permit until the outstanding citations are paid. A link will be provided to allow the citation(s) to be paid immediately. Citizens will then be able to return to the permit program to continue their permit purchase. A3.12 Reoortina TDS will provide reporting showing the dollar amounts collected and deposited. Detail and management summary reporting will be provided online. Monthly reporting will be provided showing the number of permits applied for, the number of permits pending and the number of permits issued. Financial, statistical and other reports will be customized/created as needed. .. Software NEWPORT BEACH RFP#15-22 tatto Data Systems, Im w eats. 40p, e l fMn(Mra trctae�t%.„1 >� TRNNER9CREEK .a. auloChalk P&We t ••r -v Module-A: - Notices : Forms NEWPORT BEACH RFP#15-22 A4 Security, Backup and Support A4.1 Internet Security and Data Backup: Network Infrastructure: TDS' network and security infrastructure provides secure access to all systems including City access to the TDS hosted applications and public access to pticket.com. Redundant Internet availability is based on a two-way scheme which includes Fiber connection to an MPLS network and dedicated wireless links. Dual firewalls provide redundancy and automatic failover in case of hardware failure and Internet link failover in case of circuit failure. Primary access is provided via local Data Center that offers a reliable and highly -secure Managed Internet service. Critical servers are hosted in the Data Center which provides the following benefits: • Advanced MPLS WAN via DSL, Fiber, Ethernet & Wireless • Cutting Edge Infrastructure • Fully Redundant, Data Grade Power • Finest Internet Backbone • Hi -Tech Physical and Network Security • PCI Compliant, HIPPA, SSAE16 • IDS/IPS/Cloud Firewall/Content Filtering Our Tustin corporate office also host redundant server and network to enhance availability. TDS takes every measure and every precaution to ensure that the data is managed and properly protected. We incorporate high -industry standard security with SHA256withRSA data encryption for all our web server and online systems. Our managed firewalls employ Intrusion Detection Service (IDS) and Intrusion Prevention Service (IPS) with hourly updates of new signatures and threats. TDS staff are required to connect via an SSL -Virtual Private Network (VPN) with multi -factor authentication for remote access control and support. TDS has taken the leap into virtualization. We have reduced our physical server footprint and implemented the latest in the area of optimization. Virtualization provides us with benefits including high -availability and replication. We have also invested into a cutting-edge multi -site SAN technology that provides us with scalable storage; high-performance and site -to -site replication to protect our critical servers and data and ensure a backup that can be as real-time as possible. PCI Compliance: Our pticketcom eCommerce web site goes through a monthly Joss intrusion detection to make sure that our firewall and web servers adhere to the Payment Card Industry Data Security Standard (PCI DSS). The site is recertified at - least quarterly to guarantee continued PCI compliance. Certification and encryption seals are visible to visitors to ensure their trust and confidence when conducting a payment transaction. As part of the PCI compliance, we also complete an annual questionnaire in order to maintain a valid certification. An active certificate can be made available if requested. Security Policy: TDS has a strict internal policy regarding the security of information. Access to information is confined to a select few individuals strictly on a need -to -know basis. Our technology department staff is provided access to systems on an as needed basis to service the hardware and software and to support our on-going operations. Module -A: sample Notices & Forms All access to our systems requires, at a minimum, a unique username and password combination. This access is governed by rules associated with each user's access level within the applications. By policy, usernames and passwords cannot be written down, nor stored in a computer anywhere, and as an added measure all passwords are regularly updated. Access to external media devices such as CD ROM, SD Card and USB storage device is also prohibited and managed by our Symantec Endpoint Server. Email Security & Virus Protection: Since email has become one of the primary methods of communication and collaboration with our clients, TDS feels that email security and protection is as important and as critical as any web or online system. TDS employs a third party solution/service that not only filters out SPAM, Spyware and viruses, but also stores and forwards email in case of failure or network outages. This ensures that emails sent to our clients are SPAM and Virus free. All systems including PCs, Laptops and servers within our network have managed anti-virus software (Symantec Endpoint Protection) to protect against file, system and email viruses and Spyware. Virus signature and protection policies are managed and updated by a QP centralized management console with reporting and alerting capabilities. Data Backup: System backups occur daily. Backups are directed to disk as well as tape media. Our backup media are sent from our corporate headquarters to an off-site facility in southern California and a duplicate is sent to our northern California facility. Backups are scheduled to run automatically. Backup logs are created and reviewed by our operations staff for exceptions and errors. Real-time backup is also handled via our SAN -to -SAN replication which occurs over various frequencies depending on the criticality of the data replicated. Disaster Recovery: Our goals is to have highest attainable uptime possible and we have taken many measures under our control to establish that. We understand that outages cause inconveniences to our direct customers and violators and our goal is to do everything possible to avoid them. The Data Center (Colocation) facility is fail-safe environment with redundant power and Internet and can withstand disasters including earthquakes. We have also contracted with a disaster -site service center with two possible locations in Southern and Northern CA. This service provides a replica (standby) of our primary system/data. We have direct VPN connections to the dual -sites from our Tustin and Colocation facilities so that we are always connected and have access the replica system. In the case of disaster that necessitates a recovery of our primary system, plans are in place to redirect traffic to the disaster site. Backup tapes are sent weekly to the disaster site to minimize the time required to restore data. Systems and Network Services: Our core network services are located in an SSAE16 sF datacenter facility. This is ahighly-secure off-site facility designed to withstand major ;' c disasters. Our equipment is housed in a controlled environment providing a complete V access lock -down. Furthermore, having redundant power generators, Air Conditioning and Internet backup, guarantees a continuous systems operation, data safety and integrity. lug ua~., Module -A: Sample Notices & Forms A4.2 File Storage: Hard copy citations and documents will be stored for a minimum two (2) years and then shredded. Closed citation records will be stored electronically for a minimum three (3) years. Open citation records will be stored electronically for a minimum five (5) years. A4.3 Support: Staff Support: TDS provides in-house staff for all aspects of our services during normal business hours. All key contacts direct phone numbers and emails will be provided to the City's contract administrator and all designated City staff. User manuals are provided during training sessions and clearly identify all steps required to access and use system information. Initial onsite training at the City is provided for all systems to be used. Additional training is provided to the City as requested throughout the term of the contract. Technical Support: TDS provides City staff with telephone support between 8:00 a.m. and 5:00 p.m. Pacific Standard Time (PST), Monday through Friday, except TDS' holidays. Our staff follows up on client requests to ensure an effective solution is provided in a timely manner. With permission, we can conduct remote support sessions to assist or train users when necessary. Support via email is also available during normal hours and monitored before and after hours and weekends. TDS provides special customer service and technical support emails which are viewed by primary staff and operations to insure requests are responded to quickly, usually in minutes. A4.4 Implementation Plan: We have installed/converted many new customers and all of the steps are documented to ensure that each one is completed in a timely manner. Upon acceptance of a signed agreement, TDS will: Conduct site surveys and prepare site as necessary for system installation and operation Provide all on-site user training, manuals for implementation Additional training will be available in person and online as needed at no cost to the City Prepare and maintain system documentation Implement a fully tested, functional system TDS will attend all meetings requested by the City of Newport Beach, at its own expense. Page 24 .. NEWPORT BEACH RFP#I5-22 Module B - Hardware ticketPRO is a custom software solution that was designed and developed by TDS in 2005 as a major initiative to provide a more comprehensive parking service solution to our customers. We've enhanced our current service offering which complements our philosophy of providing the best service to our customers. With that in mind, we have planned and designed a system that will provide a one -of -a -kind ticket issuance solution, with provisions to support unique requirements for each customer. Our mobile solution supports multiple hardware manufacturers and the latest technologies such as wireless, Bluetooth, GPS, scanning, color photos and License Plate Recognition (LPR). ticketPRO Maoic Mobile Solution: We are pleased to offer Newport Beach our latest advancement in ticket issuance technology, ticketPRO Magic Mobile. This is an Android app that that runs on rugged, water -submersible (MIL -STD -810G rated models) smartphones with 4G technology. Citations are printed on a rugged, wireless Bluetooth printer. ticketPRO Magic Mobile has capabilities never offered before in citation issuance products. The concept is revolutionary and incomparable to other solutions in the parking industry. The new ticket Magic Mobile solution offers many features. Below is a short list Live, Always Connected Device - Citation data is transferred to and from all handheld units to our server in real-time. Agency and our call center will have immediate access to Photos, Maps and Citation information. No workstation computer is needed to sync or upload data. Public Access (Quick -Pay) — Citations are available to the public immediately to pay or contest. A QRCode printed on each ticket will link directly to the issued citation for fast, easy and convenient payment. Real -Time Scofflaw and VIP Alerts - Scofflaw and VIP alerts notify the issuing officer of 5 or more previous violations or other important information, even if updated same-day. Real -Time Meter and Permit Lookup - Meter and permit information from the City can be integrated and used during issuance for lookups and validation. Meter Mapping — By simply entering a meter number, Locations and Violations automatically are filled-in, saving time. Real -Time data sharing to all units - All units share citation data information, even if issued within minutes by another handheld. License Plate Recognition - LPR technology retrieves plate number from photo, ensuring speed, quality and accuracy. Ticket History, Retention and Lookup — ticketPRO allows for automatic notification if a ticket is about to be issued to a plate that has previously been cited or warned. The information from the previous ticket is used to populate the current ticket information. This feature is shared across all units. Lue ✓ami �. � - .. NEWPORT BEACH RFP#15-22 Marking/Chalking - ticketPRO allows tracking of vehicles by time, zone or location. Chalk alerts and Maps show expired vehicles and locations. Shared Chalks (Chalk Xchange) - Enforcement staff can retrieve chalk records from other ticketPRO units on the same day to allow for continual chalking enforcement, even after shift changes. Tow Agency Notifications - Email notifications with map, photos, issued citations and amounts due can be sent directly to a designated tow company or police department. Live Software Support to Each Device - Our infrastructure is set up to allow us to interact remotely with each individual device. This is used for training and troubleshooting, even while in the field. Software Upgrade with no User Intervention - Software upgrades are done remotely to each individual unit by our support staff. GPS -Citations are geo-tagged and mapped on ticketPRO Viewer for Agency access. Comments — two comments per violation are allowed, plus one private comment. Geo -Fencing - tracks devices as they travel outside a perimeter and receive email alerts and take appropriate actions on device. Improves safety, compliance and device theft alert: ticketPRO Magic Mobile Smartphone: Our ticketPRO software has been time tested and 100% reliable. All phones are equipped with a rugged/ protective case. Submitted option offers a military grade certification to guarantee you 100% uptime in the field: ticketPRO Magic issuance Device Samsung Galaxy S6 Active Comparison 4G Smartphone Item & Description Screen Size S.1" High Contrast Display Yes MIL-STD-BSOG Rating Military Standard Approved -1.5 meter drop; Heat Yes & Dust Resistant; Waterproof to 1.5 meters for 30 minutes Shock Resistant Yes Shock Reinforced inner -case design Added Protective Case Yes Clip Holster or Shoulder Strap Yes Battery 3200 mAh Use Time 16 Hours Enhance Push -to -Talk Radio Single or Group talk // Desktop Dispatch Optional communication software available .. NEWPORT BEACH RFP#15-22 Rugged bluetooth printer: Our printer option is manufactured by an industry leader in the mobile printing business. The MF2Te offers a seamless communication with the smartphone via Bluetooth and holds 100 citations per roll. It is tough, rugged and reliable: TicketPRO Magic Printer Comparison Item & Description 2.25" Printer Datamax MF21re Dimensions 5.5" x 4.3" x 2.5" Weight w/ Battery & Ticket Roll 19.2 oz. Drop Specification 6 R (1.8m) Shock Resistant Yes Clip Holster Yes Battery 1800 mAh Use Time 390 ft. or 780-6" receipts Moil Hardware NEWPORT BEACH RFP#ZS-22 Extended Printer Coverage Listed are available manufacturer warranties and protection for proposed Datamax printers. Optional submitted pricing includes Extended and Comprehensive coverage for each printer proposed. TDS will also provide hot -swap loaner printers while units are under repair at no charge: Free phone support I ■ Covered parts and labor �1[ Required repairs to restore to original performance specifications Required cleaning and adjustment I ■ Ground freight return shipping ( ■ 5 -day turnaround time for repairs 1 0 2 -day turnaround time for repairs Same-day shipment Preventive maintenance I ■ 2 -day freight return shipping Annual or monthly activity reports provided Coverage of all parts. including print heads (excludes batteries and i accessories) Physical damage of abuse ■ 6 NEWPORT BEACH RFP#15-22 Daily/Monthly Shift Summary Reports: Reports are automatically generated and published to selected staff. Data includes previous day/month summary of citation issuance, Chalking/Marking activities, Beat/Route stats. Detailed issuance reporting by violation and officer is also available: Daily Shift Summary VIM Oet4lWr< 7. 2014 - OGt O1M[ t , AQs2 N - llll- M[G rnac/u� Monthly Shift Summary iMontbly st>®ary for October 1, 2014 - October 31, 2014 Summary c"lk D Away Voids Warn Citations issued Off"r ia Ticket, i PPS • 55? 0 9 l0 3 536 $37,561 _ 036 0 0 22 1 BUB 130,37 ...... CA79 2 0 0 0 0 2 s" I 6.........,... CM 699 5 30 32 5 662 ¢5,787 _ PAIS ?65 0 U ID 3 >R 126,W.' _..1 PAIS 363 0 24 6 10 313 $17'"3 - PASA 61l 2 0 10 2 6n $25.355 A .9 3{3 0 6 11 3 329 $11212 _ PA7 693 16 32 31 5 656 ¢9805 - 'Al es? c 4 1i J 3M1= s:.'s4- I_ .. NEWPORT BEACH RFP#Z5-22 Shift Summary Analytics: Shown below are samples of performance charts. Custom reports can be created to meet your agency's specific needs for temporary statistics or ongoing: Monthly Shift Summary Monthly .�ry for October 1, 2014 - October 31, 2014 Monthly Issuance by Officer October 1, 2014 - October 31, 2014 toxo 800 Y 600 400 2 i 0 a F ORker fR4 Vab � T�k•{g Monthly Shift Summary Monthly a ary for October 1, 2014 - October 31, 2014 I� Days Worked and Avg Daily Tickets by Officer from October 1, 2014 - October 31, 2014 N 40 40 yg d$ 36 JE 20 i5 U S 10 18 17 4$ is ' 14 15 OMbn rs 4.4n&dl h.o.r � omwort•d Y:C!:Ct L r uv':. •.0' Module -C Collection services' Module -C Collection services TDS provides special collection programs for our customers to help them maximize their collection efforts. Customers who have joined TDS have found their revenues and total citation collection rates increase, while at the same time see their vendor costs for collections reduce. This is primarily due to our success in getting citations paid before reaching "Collections" status. Our noticing, DMV options and Nlets out-of-state services collect on a high percentage of parking citations. We will work with Newport Beach to identify special programs that will assist in increasing the overall parking citation collection rate. Innovative Collection Services: Innovative Collection Services (ICS) has been providing supplemental collection services since 1996. As part of TDS, ICS benefits from our experienced staff with many years of working with clients in the area of parking citation and collection processing. Over the years, to provide our clients with the quality they have come to appreciate, we have fine- tuned our software to accommodate the needs of each agency. The ICS system is fully integrated with our citation system allowing for easy retrieval of parking citation and collection agency data, all in one location. ICS provides a complete solution, with the ability to add penalties for administrative costs (cost recovery), generate two demand letters, provide reports, interface with credit reporting agencies, and provide a unique toll-free number and a call center with staff trained in handling collection matters. Accurate tracking of your funds is of primary concern to our staff. Incoming new accounts as well as payment and "stop" information transmitted from the citation system are monitored and validated to ensure accuracy. ICS collects many citations considered otherwise uncollectible. The citations submitted to ICS are the hardest to collect upon. The windshield citation did not cause the violator to pay, the initial mailed notice did not cause them to pay, DMV did not cause them to pay, but now that a collection agency becomes involved and their credit rating becomes an issue, this may spur them to action. Module-C Collection Services KIM 077 Franchise Tax Board Collections: The Franchise Tax Board Interagency Offset Service is provided by TDS to its customers to attempt to collect outstanding violations by attaching citizens California State Tax Refunds and/or California Lottery winnings. The service consists of the following: Citations that are issued to California license plates within the last 3 years that have completed the regular citation processing cycle will be qualified for this service. Citations in the ICS process will be qualified two weeks after the final ICS (delinquent collection) notice is mailed. This program intercepts Personal Income Tax only, no corporate or partnership funds. For all FTB-qualified citations, TDS: Combines all amounts together by registered owner into single accounts Retrieves Social Security numbers W Mails the pre -intercept notice to each registered owner. No multiple notices required. Process the mailed payments and enter FTB intercept payments Handle all calls from the public. ® The public may also make credit card payments online at pticket.com. Cost Recovery Fees/Collection Fees will be added to all accounts as required Handles all systems and operational procedures required for the FTB process. All FTB-qualified accounts that remain unpaid are sent to the FTB to be ready for the submission of State tax returns. The FB will send all intercepted funds and detailed reports directly to the City. The City must provide a copy of the check and a copy of the detailed reports to TDS immediately so that we can update the system to show the accounts/citations as dosed, and to perform an ongoing reconciliation for the City. A SWIFT account is required to be set up with the FTB to allow online access to the FTB for submitting files and record updates in your agency's name. TDS will assist in setting this account up. TDS notifies the FTB of any interim payments received on our end, so they will close the account on their system. Full reporting is available to the City an all FTB notices mailed and payments received. Cvi^wiv �.�' Module -C Collection Services " Delinquent Collection Letter (ICS): TDS will mail two letters and then, if not paid, report any unpaid fines to a credit bureau to attach to an individuals credit. This provides an ongoing incentive for citizens to pay. F _. <.- INNOVATIVE COLLECTION SERVICES HIM III A11111 111111111111111111 " PARKING GTATION 03252012 83010023 � Ii.enr. 081011.2012 $11000 $000 Su000 IMPORTANT: _. ICS n a 0p4C agtr.cY TNn't >n Ytemd b ccittt a oed A,, IIII'IIIIIIIIIPIIg111111inIIlll'll'II'lllpl.IL.II�I6I,RII n1Yrr*xor ootanea Ma lx sea b pul wrpax Pevtet am ooke *eel may hive bees aooep x /�". <tpt amo:mr x states n Cakbm.a V0460 Cope Seaan 4.'03 ` FOR MORE INFCRW7,ON GY Nom. ppuN pmu emer 0237 ienNr Pe "16 oho Cert of me aeeo.nl-,e.rexr. 1 not¢ past due account has been as%ined to IS for Collection We would appreciate a prompt response to tNS demand to e4imnate further Collection aUwn If you have sold the vehicle. See the reverse We. Due to it* delalltuency of INS Csatwn, you no longer have the right to clam the citation was rssued in error Prior notthcation regarding this debt has been, malted to you With no response Payment rtwst be made within 10 days to avod further collection eflOrtS Alien payment nus peen made in M this accou r, Will be closed Please Sefkt the amount due nvnedlately. making y'ottr Check or money o!oer payable dlreMj to our client we have pre -addressed the lower Portion of tros letter for yoLK Convenience See Consumer Rents sNe TODAY BY CREbrc CARO • Parorane w Pp etca cla • Fmw fr -rs: d cAracfen d fe accwm nu.^+ber TO PAY BY MAIL I Seng or eo or m &y aper NO CASH (US Maio aMy+ 7 Pmt a ro,#near on yam paP^e^1 3 rp �mwr proper crwl. rewm the bpttom Dennis Of p+n natd mfh tour 04Y"`e^1 a Make payable toa INIM Plax nrr ne porton .Mli Ye+Y payment -Use the eMbtN erivwape Ty yrs a^wee P'o^W xcurate.a"o'N spa^ recce: ICSat a 0 a tf You h..e Jre.dY p.d thn debt. t". copy of eM Nont end beck or 83010023 08r01f2012 your comelied ch.d or money order Porelq Yoa p.yment. We .edt close thn scant Doty wAh Y.Aeble prod of p.Ym AYOWT DUE MOW 1 / 111111111111111111111111! 111111 it 111 INNOVATIVE COLLEC TION SERVIC ES Module -C Collection Services ' a Franchise Tax Board Pre -Intercept: This notice is mailed a minimum 30 days prior to reporting the unpaid amounts to the FTB. All qualified citations for a single individual are grouped and mailed on a single notice. The individual citations and amounts are listed on the back. CITY OF — �Idl�ddl�Il��IIII�rdrlhP�IhnllhhllPllhrdllDdlu — C+c 491. c a. FRANCHISE TAX BOARD PRE -INTERCEPT NOTICE GOR MORE rSt1RMAT:ON www.pudieacme.'... as 11 A112010 06104999 $49400 Our records show that you nave a delinquent debt that is row due and payable You have 30 days to voluntarily pay this amount before we submit your account to the Franchise Tax Board fFTBI for interagency nlertept collections FTB operates an intercept program n conlunclan with the State Controller's Office. collecttrq delmquent liabilities ronduaK owe to state aro local agenueslcolleges FTS intercepts tax refunds. Unclaimed Property (UPM claims. aro lottery wnnngs owed to individuals FTS redirects these haws to pay the ndfilldl.Mrs debts to the agentlevcolleges ICaldania Government Code Sections 12419 2. 12419 7. 12419.9. 12419 10. 12419 11, and 12419 121 If you have questions Or do not believe you owe this debt. contact us wvMm 30 days from the date of this letter Please provide a copy of this leiter, your cuff ent address, the last 4 digits of your social security number. a copy of your dnver'5 license or ID two for dentihcation purposes and any other Information that mil assist us n understanding your concern We will review your situation and reply back to you by mail It you do not contact us within 30 days we mA proceed with intercept collections Details for this account are located on the back of this notice TO PAY BY CREDIT CARO TO PA s+ MAt pay want/ ww..PriraHpuws.Mercly I Tena ci+eG am'ney oxer NOCAf. illi Moa arYlt • pay W � 1688.168.:7" viler 2454 2 P,n aeeouv 1an Ype per''^ • TMere s a S3 OC Oraexveq 4e per ouoa l To a.s�ae Prior." ant ravenr'Eaean pdom lir Pss.rooe win yqe WY^�e'a A Mate payab4 b CftY OF "az't.:..+1. •.:... da_ -L-31 nI' PW v Mu 9eF 00r'JOri MA yxNp plryerwR - Uve rV anflofeC emTkOe T�f wO MSun V�,'pr a2'vM.U,Qro va` .KIO%. FtBN If v<u have already paid this debt, sada copy of the front and back of 06104999 10(0512012 va , carcew check lir nmpney ordc proving YM, paAwnmt we will cbx tlas ac<«xmt. ink vrh :..fgge , � o i o1 $494 00 _ � � ILLr,ilii.dl.d....ILL,IIL.J..hL.LLd.h.LL..II fixe -.1 0• . . EXHIBIT B SCHEDULE OF BILLING RATES Turbo Data Systems, Inc. Page B-1 Cost File I NEWPORTBEACH RFA015-22 Newport Beach 6 -Year Estimated Total Costs: List each Installed or Supported application Parking Citation Processing Year 1 $57,253 Year 2 $57,253 Year 3 $57,253 Year 4 $57,253 Year 5 $57,253 Year 6 $57,2531 TOTAL $343,518 Administrative Citation Processing $26,520 $26,520 $26,520 $26,520 $26,520 $26,520 $159,122 Permit Management Processing $27,000 $25,000 $25,000 $25,000 $25,000 $25,000 $152,000 Automated Ticketwriters $50,400 $21,400 $21,400 $21,400 $21,400 $21,400 $157,400 Total $161,173 $130,173 $130,173 $130,173 $130,173 $130,173 $812,040 Conti ngency-Based Services: ICS Delinquent Collection fees not included; Numbers unknown FTB Collection fees not included here; Numbers unknown Out -of -State Collections fees not included; Numbers unknown PARKING CITATIONS TDS Fee Ne Volume YR1 YR2 YR3 YR4 YR5 YR6 Parking Citations issued by handhelds $ 0.40r27,500 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20.000 $ 20,000 Manuall written arkin dtations $ 0.40 $ 2000 $ 2000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 1stnotices mailed includes postage)- $ 0.85 $ 23375 $ 23,375 $ 23,375 $ 23375 $ 23,375 $ 23,375 2nd notices mailed(includes postage)' O tioned(Final Notice3rd $ 0.85 $ - $ - $ - $ - $ - $ - notices mailed LstlCScollectionrwtice no er notice cost) $ - $ - $ - $ - $ - $ - $ - Pa ed essA ealt era eal $ L50 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 Adjudication letters lst level results includes posts el' $ 0.85 $ 4,250 $ 4,250 $ 4,250 $ 4,250 $ 4,250 $ 4250Adjudication letters 2nd level results includes osta el' $ 0.85 $ 128 $ 128 $ 128 $ 128 5 128 $ 128 Payments (online) included 70% $ 26,520 $ - $ - $ $ - $ - Payments (mail) included 1 3096 $ $ $ $ $ - $ - Total 1 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 ADMINISIRATIVECITATIONS 7DSFee NRVolume YRS YR2 YR3 YR4 YR5 YR6 Admin Citations issued Electronically Citatiorri ex rted to TDS from Permits PlusAd $ 4.00 5,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000K$20,000 $ $ 20,000 min Citations Manuall written $ 8.00 500 $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 6,000 $ 4,000 1st notices mailed includes osta e' $ 0.85 2,750 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 10,000 $ 2,338 2nd notices mailed(includes postagel- (Final Notice) $ 0.85 175 $ 149 $ 149 $ 149 $ 149 $ -$ $ 149 3rd notices mailed Ist ICS collection notice (no per notice cost) $ - 688 $ - $ - $ - $ - $ 8.000 $ - AdjudictionLetterstleann resuits(includes postage(' $ US 40 $ 34 $ 34 $ 34 $ 34 $ 1,000 $ 34 Pa ments(online) Included 70% $ $ $ $ - $ $ $ - Payments(mail) included 30% $ $ $ - $ $- Total $ 26,520 $ 26,520 $ 26,520 $ 26,520 $ 26.520 $ 26,520 PERMIT MANAGEMENT TDS Fee NBVolume YRS YR2 YR3 YR4 YRS YR6 One Time Setup $ 2,000.00 n/a $ 2,000 $ $ $ - $ $ Month( Fee $ 500.00 12 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Per Permit (validation required by TDS $ 4.00 2,500 $ 10,000 $ 10,000 $ 2,800 $ 2.800 $ 10,000 $ 10,000 Per Letter -plus postage (if needed, correspondence) $ 1.00 50,00011 $ $ _ $ 1,800 1 $ 1,800 $ -$ $ 1,800 Permit fulfilment -plus postage $ 2.00 4,000 $ 8,000 $ 8,000 $ 21,400 *8,S $ 8.000 $ 8,000 Digital Permits $ L00 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 Renewal notices emailed(No charge/included) $ 5,000 $ $ - $ $ - Customixation-per hour $ 120.00 $ Total $ 27,001 $ 5,000 $ 5,000 $ 5,000 $ 25,100 $ 5,001 TICKETWFUTERS Price Quantity YRI YR2 YR3 YR4 YRS YR6 Galaxy S6Active/MF2Te $ 1,450.00 20 $ 29,000 $ $ - 1 1 $ I S - Monthly fee (Includes lost/stolen/damaged smartphone replacement) $ 70.00 20 $ 16,800 $ 16,800 $ 16,800 $ 16,800 $ 16,800 $ 16,800 Citations -2.25" citations for MF2Te printer $ 0.06 50,0001 $ 2,800 $ 2.800 $ 2,800 $ 2.800 $ 1,8001 $ 2,800 Envelopes -custom Newport Beach envelopes $ 0.04 50,00011 $ 1,800 $ 1,800 _ $ 1,800 1 $ 1,800 1 $ 1,800 1 $ 1,800 Total 1 $ 50,400 $ 21,400 $ 21,400 $ 21,400 $ 21,400 $ 21,400 Postage Increases - USPS postage increases will be passed through directly on all postage -included items Cost File NEWPORT BEACH RFP#IS-22 MODULE —A Software Costs: Processing Fees — Parking Citations This offer is contingent on having an active contract for Parking Collection Services with Turbo Data Systems. Annual issuance of 50,000 to 100,000 Fee per Parking C/tation Issued (Electronic and Manual) $0.40 per citation Fee per Manua/ Parking Citation Data Entry Included Included The price includes the following services: ✓ Entry/import of all citations ✓ Citation dispositions (bounced checks, payments, extensions, etc.) ✓ DMV interface (r/o retrieval and placing and releasing registration holds) ✓ Weekly/monthly reporting readily available and accessible over the Internet ✓ Toll-free telephone number (for public access) ✓ Interactive Voice Response System (NR) ✓ Customer Service Representatives (8:00 am — 5:00 pm, Mon - Fri, excluding holidays) ✓ Daily pick up of payments and other documents from a TDS provided P. O. Box ✓ www.oticket.com/newoortbear Web pages customized for the City ✓ Database maintenance / Daily system backups ✓ Secure, online access for City Staff to citation database; City provides PC with internet access ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client support and Training Reminder Notices (Notice of Violation) $0.85 per notice mai/ed (Inc/udes Postage) Includes: all forms, envelopes, return envelopes, printing and postage. Reminder notices are mailed 21 days after issuance or per agency timeline. Other Correspondence $0.85 per notice mai/ed (Includes Postage) Includes: all forms, envelopes, printing andop stage. NSF letters, Partial payments, Name and address changes, etc. Out -of -State Processing 30016 of amt. collected No charge for payments off the windshield. Nlets electronic access for all 50 states. Review 8 Near/ng Notices/ Letters $0.85 per letter mailed (Includes Postage) TDS mails all initial review result letters, hearing notification letters and hearing result letters as required. All forms, envelopes, and printing are included with the mailings. Paperless Appeals with eAppealsPRO $1,50per-Appeal This service allows for online submitted appeals and a 1000/a PAPERLESS appeal system. All mailed - in appeals are scanned in to the system and are reviewable by City staff using the eAppea/sPRO online review system. All appeals are in the same place, and the documentation is saved electronically. A complete history of all appeals and their results who made the decisions etc., is available online at all times for the City. Credit Card Payments 1.5% of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the clients database Cost File7 NEWPORT BEACH RFP#SS-22 Processing Fees —Administrative Citations Annual issuance of 1000 to 5 000 Fee per Citation Issued $8 per citation entered Fee per Manual Administrative Citation Data Entry Included Included The pricing above includes the following services: ✓ Citation Ent - including name and address of responsible party ✓ Citation payments/dispositions bounced checks payments, extensions etc. ✓ Call Center live assistance 8am-5 m Monday -Friday (excluding Holida s ✓ Weekly/monthly reporting readily available and accessible over the Internet 24/7 ✓ Daily pick up of payments and other documents from a TDS provided P. O. Box ✓ Payment processing ✓ Bank deposits ✓ Database maintenance ✓ Daily system backups ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client support ✓ www.otIcket.cornLnewgortbeach Web pages customized for the City; available 24/7 Notice Mailing $0.85 each ✓ I V class postage included. Certified/Other mailing costs will be billed to the City. ✓ Notices, Correspondence, Partial Payment Notices, Hearing Letters, etc. Credit Card Payments 1.5010 of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database Page 3 ; Cost File 0 NEWPORT BEACH RFP#15-22 PROCESSING FEES — PERMIT MANAGEMENT Annual issuance of 2,000 to S,000 ONE TIME STARTUP COST $2,000 Includes: Database Creation, System Setup of Tables, Project Management, Client Approval, Client training, Web Site Customization MONTHLYSER VICE/CLOUD-HOSTING FEE $500 This fee will cover the basic maintenance and availability of the system for the public and the City. PERMIT PROCESSSING FEES - Mailed Requests, Review/ Validation by TDS $4/permit PERMIT PROCESSSING FEES - Online Requests, Review/Validation by TDS $2/permit The FULL SERVICE price includes the following services performed by TDS: ✓ Accounts Established/Accounts Renewed ✓ Document Scanning/Storage we Permit Entry by Resident & Uploading of Documents ✓ Mailed -in or OTC Permit Applications ✓ TDS Scanning, Data Entry, Payment Processing ✓ Account/Permit Validation (Decision Making) we Detail and Summary reporting each month ✓ Bank deposits/Reconciliation as required into City's account ✓ Daily pick up of mail at a PO Box established by TDS ✓ All other correspondence will be mailed or scanned to and from TDS and the City ✓ "Self -Service" Internet access 24/7 for the public to view their permit information ✓ Call Center live assistance 8am-5pm Monday -Friday (excluding Holidays) ✓ TDS will review/validate permit applications/documents, and approve/deny the request Online (Digital) Permit — No Review — No fulfillment $1 per Permit MAILING SERVICES $1 per letter + first class postage This fee will cover the mailing of a single page of information, such as a simple renewal letter or a rejection letter, etc. Other mailings outside of the fulfilment process can be negotiated. FULFILLMENT SERVICES $2 per permit + first class postage TDS will assign approved permits and deliver via mail with letter. SUPPLIES/PERMITS Provided by City Credit Card Payments 1.5% of amount processed • Credit card payments will be processed using merchant account provided by agency • Resident ability to pay via credit card 24 hours per day, 7 days a week • Immediate approval and updating of payment information to the client's database CUSTOMIZATION CHARGES (OPTIONAL) $120 PER HOUR L=ko •. •' Cost File NEWPORT BEACH RFP#I5-22 Cost Increases for Module -A: Postal Rate Increase Offset: If postal rates increase during the term of this agreement, fees to TDS shall be raised immediately to offset the effect of the postal rate increase. CPI Increases: Pricing may be adjusted by the CPI increase annually. NEWPORTHEA CH RFP#15-22 Module -13 Hardware Costs: This offer is contingent on having an active contract with Turbo Data Systems for Citation Processing and Collection Services. Purchase ticketPRO Magic System Galaxy S6Active/MF2Te Printer *Sales tax not included. *Citations and Envelopes are additional All quoted prices are valid 90 days from the date submitted turbo E• . . Details Data Item & Description Smartphones: Samsung Galaxy S6 Active // 5.1" Color touch -screen // Military spec. MIL-81OG// Car Purchased Charger //Includes case ticketPRO Magic Software and License Purchased ticketPRO Magic Software Setup/Configuration Initial setup and installation of software with Agency Purchased specific information // Includes 1 Day Training with initial purchase ticketPRO Magic Software Maintenance and Support: Remote servicing and updates // Fast phone Monthly RemoteConnect support // email support for Agency requests Managed 443 Data Plan Monthly Enhanced Push -to -Talk Radio (ePTT): Phone -to -Phone or Group communication. A Desktop Dispatch Optional Monthly interface is included with every 10 phones activated with ePPT. City may Choose how many phones to activate $10/m0./unit with ePTT. Lost/Stolen/Damaged Replacement: A fully configured smartphone with ticketPRO Magic software will Monthly be replaced within 3 full business days of reported incident with a deductible fee. Each covered phone can ($250 deductible) have two replacements in a 12 month period ($250 per replacement; $950 for V time). Rate Printer Items Item & Description Bluetooth Printer: Datamax MF2Te printer // 2" printer // Includes Lithium -Ion Battery // AC Charger // Purchased Configured to Agency's ticketPRO Magic system Optional Bluetooth Printer: Datamax OC3 printer // 3" printer// Includes Lithium -Ion Battery // AC Charger// $400 additional Configured to Agency's ticketPRO Magic system per unit Extended and Comprehensive warranty: Parts & Labor, including physical damage or abuse // TDS will Purchased provide a loaner unit while unit is in repair //excludes batteries and accessories Belt Clip: Heavy Duty // Fits all utility belts // Wraps around belt with Velcro release Choose One -OR — w/purchase Shoulder Strap: Heavy Duty Nylon // Adjustable comfort -wide *Sales tax not included. *Citations and Envelopes are additional All quoted prices are valid 90 days from the date submitted turbo E• . . NEWPORT BEACH RFP#I5-22 Module -C Parking Citation Collections Costs: (Note: Administrative Citations Collections are available at the same rates listed) Innovative collection Services (ICS) 30010 of amount collected ✓ Delinquent Follow-up Collections for unpaid accounts ✓ All ICS notices are mailed at no cost to the City, including postage ✓ Unpaid amounts will be reported to a credit bureau ✓ Toll free ICS number and P.O. Box provided to public to handle inquiries and disputes ✓ Payments can be made via mail or www.pticket.com Franchise Tax Board Collection Services 30010 of amount collected ✓ Social Security lookup (citations for one violator combined to one lookup) ✓ Notice mailed combining same violator's citations to one account ✓ Notices and postage are included. No Notice Fee ✓ Accounts sent to FTB Interagency Offset Program ✓ Toll free call center assistance ✓ Payments can be made via mail or www.pticket.com ✓ Monthly reconciliation and reporting of offset payments NEWPORT BEACH RPP#IS-22 TRAINING Turbo Data Systems (TDS) will provide the necessary training to ensure proper knowledge of all systems offered. We realize that there are several City departments/groups involved in each specific system. TDS will coordinate with City staff to ensure that everyone has the proper training for their specific area of operation. TDS will provide as many on-site training sessions as needed for the systems listed below. Training will also be available on -demand via online sessions as needed: • ticketPROWeb— ParkingCitations/eAppeals • ticketPROWeb— AdministrativeCitations • ticketPROmagic— MobileEnforcement • Permit Manager TRAVEL There will be no travel cost for any of the training above. TDS's office is located within minutes of the City. Training, supportand other meetings/visits with City staff will not involve any travel costs. HARDWARE SUPPORT/HOT-SWAP TDS takes support very seriously and understands that continuous operation is important for ourcustomers. Although the proposed hardware is considered "Best -in -class', and based on experience, has been extremely reliable, a comprehensive warranty program is also included as part of this proposal. This extends the basic manufacturer warranty and improves on the turnaround time required for repairs. Furthermore, TDS will provide a hot -swap program to ensure that defective/non-operational hardware is dealt with quickly by providing a loaner hardware while the repair is being worked on. Loaner hardware will be pre -configured with all necessary settings, security and software and ready to be used upon receipt. If loaned hardware is a printer, a simple pairing will be required after receipt of printer. Smartphone hardware is insured and provides lost/stolen/damaged replacement***. Printer coverage includes parts & labor (even for physical damage or abuse). Batteries and accessories are excluded. Printers are not covered if lost/stolen***. ***This information was provided underthe "Cost File", Module B, Hardware Cost, page 5. PERMIT MANAGEMENT SYSTEM IMPLEMENTATION TDS will have the Permit system available within 60 days of the start of the contract. Remittance Processing Turbo Data Systems (TDS) will provide check scanning deposits for the City at no charge. The City to provide scanner, remote deposit software and logon access for TDS users to perform remote deposit into the City's desired bank account. Data Integration Services No Costs for Data Integration Services for uploading payments and/or administrative citations. TDS will work with the City on uploading payment data electronically from the City's payment system. TDS will provide an interface for uploading admin citation data from the current system into ticketPROweb. to #uv �. •' EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Turbo Data Systems, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Turbo Data Systems, Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Turbo Data Systems, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Turbo Data Systems, Inc. Page C-4 M, CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/17/16 Dept./Contact Received From: Anthony Date Completed: 5/26/16 Sent to: Anthony By: Alicia Company/Person required to have certificate: Turbo Data Svstems Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/15-7/1/16 A. INSURANCE COMPANY: West American Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? INV2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/15-7/1/16 A. INSURANCE COMPANY: American Fire and Casualty Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A ® Yes 0 No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/15-7/1/16 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): N/A C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY EFF: 9/10/15-9/10/16 CARRIER: LANDMARK AMERICAN INS CO RATING: A+: XIII NON -ADMITTED LIMIT: 2M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/26/ 16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to PL carrier being non -admitted. 5-25-16 Sheri approved. Approved: Risk Management Date * Subject to the terms of the contract.