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HomeMy WebLinkAbout12 - Amendment No. 2 to the PSA for Parking Permit Management and Citation Processing ServicesQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 24, 2020 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Carol Jacobs, Assistant City Manager - 949-644-3313, cjacobs@newportbeachca.gov PREPARED BY: Caryl Bryant, Fiscal Specialist, cbryant@newportbeachca.gov PHONE: 949-644-3149 TITLE: Amendment No. Two to the Professional Services Agreement with Turbo Data Systems, Inc. for Parking Permit Management and Citation Processing Services ABSTRACT: Approve Amendment No. Two ("Amendment") to the Professional Services Agreement with Turbo Data Systems, Inc. ("TDS") for Parking Permit Management and Citation Processing Services, dated May 10, 2016, as amended by Amendment No. One, dated May 31, 2019 (collectively, "PSA"), to increase the not -to -exceed ("NTE") amount by $384,534. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve and authorize the Mayor and City Clerk to execute the Amendment that increases the not -to -exceed amount to $1,621,724. FUNDING REQUIREMENTS: The adopted budget includes sufficient funding for this amendment. It will be expensed to the Parking Professional Services account in the Finance Department, 0103032- 811008. 12-1 Amendment No. Two to the Professional Services Agreement with Turbo Data Systems, Inc. for Parking Permit Management and Citation Processing Services November 24, 2020 Page 2 DISCUSSION: Background In May 2016, after a lengthy procurement process, the City Council authorized an award to TDS to provide a parking permit management system; online and offline processing of automated and handwritten parking citations, administrative citations, delinquent notices, Department of Motor Vehicle (DMV) registration holds and releases, and citation appeals; and parking citation issuance hardware. TDS integrated data, eliminating the need to create batch file imports and manipulate or correct data; provided updated software for online payments and citation appeals; allowed for online permit purchases; and provided new hardware for citation issuance all in real time. The PSA expires on March 31, 2022. Not -to -Exceed (NTE) Amount The NTE amount for the PSA was $1,237,190. The cost for the first four years was anticipated to be approximately $835,000. Actual cost for the first four years was $1,117,000. The main reason for the difference is due to how collection fees are managed in the City's accounting system. Historically, collection fees were considered a pass-through expense (the collection fee payment would simply be deducted from the revenue received), and not included in an agreement's NTE amount. However, implementation of new software has led to a corresponding improvement in best practices. To allow for greater transparency, pass-through fees are now required to be included in an agreement's NTE amount. Therefore, the costs are higher, but the revenues are also higher and more accurate. In order to implement this change, staff is requesting an additional $349,534 to cover collection fees and $35,000 of added contingency to cover unforeseen expenses, for a total NTE amount of $1,621,724 through the end of the contract term. TDS has provided the City with many improved efficiencies and benefits since the City contracted with them in 2016. For example, DMV registration holds for registered owner look ups and citation payment collections are both key to parking citation management and collection. Prior to this PSA, DMV raised the minimum standards for IT security, which would have required the City to dedicate more staff and resources to comply. TDS already meets the required DMV security compliance standards for other agencies and is able to provide the registered owner and citation payment collections functions for the City. TDS allows for fast real-time parking citation and permit inquiries by City staff. The public also benefits by being able to pay or appeal citations online. TDS custom-built the online parking permit portal to City specifications, allowing customers to purchase parking permits online, as well as upload any required documents. TDS is able to change the parking permit system as new permit programs may be developed without any additional cost to the City. 12-2 Amendment No. Two to the Professional Services Agreement with Turbo Data Systems, Inc. for Parking Permit Management and Citation Processing Services November 24, 2020 Page 3 The TDS system also provides for efficient enforcement: when an enforcement officer keys a license plate number into the handheld parking citation issuance device, TDS automatically searches for payments from pay stations and the pay -by -phone application, as well as confirms whether that vehicle holds a City of Newport Beach issued parking permit. TDS has provided other efficiencies: they print and mail parking and other administrative citations; process online and mailed payments; perform data entry for handwritten citations; provide telephone and online customer service; process appeals; schedule hearings; prepare state mandated reports; and provide customized reports upon request. TDS also reviews required documents for parking permits, and approves, assigns and mails the permits. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. �[0��[�I1rev The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Amendment No. Two to the Professional Services Agreement 12-3 ATTACHMENT A 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: 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 001100 ($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 12-4 Three Hundred Eighty Four Thousand Five Hundred Thirty Four Dollars and 001100 ($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 12-5 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: I I ho lzo-oa Aaron C_ Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: TURBO DATA SYSTEMS, INC., a California corporation Date: By: Roberta J Rosen Chief Executive Officer/ Chief Financial Officer [END OF SIGNATURES] Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Turbo Data Systems, Inc. Page 3 12-6 EXHIBIT B SCHEDULE OF BILLING RATES Turbo Data Systems, Inc. Page B-1 12-7 Newport Beach 6 -Year Estimated Tota! Costs: = r. 1,850.00 1 5 i 31,250 5 i $ 4,687 5 I l Galaxy 56 Active at no additional charge} • I• Pw-33;-e Ctation Processing 5 258.83 5 131,428 5 165,327 S 176,071 5 153,573 S 155,17:5 3.140,807.32 AdrrinsnatrveCitation Processing S 2E,33E 5 23,335 5 21,5.31 5 24, $ 221,24C S 1-7152 5 143,223.75 PerrtitMarregerrrfrtProcessing _ 22,28C 5 Pa,15; 5 23,135 5 3,468 5 2D,79C 5 Se',63" 125,45'x.78 A4dorretedTicK- 5728• 5 25581 5 25.558:- - 25,:.47 - 3,585 5 18,785 S 177,27518 Total 5361 529. 5245 Q _C2 5 7,586,766M 10%CDitillg lof$349,576; 5 34,958.00 Total NY $ 1,621,724.00 ,r • •, -- Parking Citations issued by handhelds 1 5 0.40 ! 5 30,2fi7 l $ +---...........- 22,682 € S 26,822 l 5 29,3561 $ 33,118: $ 26,494 _._.._...-.........._...__.....-...._.._.._.............................._..-----..........._............_.............._. Is nottes mailed (includes postage) ....... ......__.._.._.........._..._.._....._......._......_..............._.._..............._.._.._.._................ ..... _....._........_..---...:.... 0,85/0.91 .-............;.._............._.......; i 5 --.._.... 28,442 5 .........._...._......_.....; 21,389 S .._...__.._......._.; 20,9021 5 .._..._._........._..., 22,638 5 24,780: $ 19,824 2nd notices mailed (includes postage)' 0.85/0.91 $ 14,443 1 5 13,206 5 1 12,547 $ 14,541 S _ 14,785 ? 5 11,828 Optional (Final Notice) --._........_._.._.._.._..........._.._.............._.._._..............._.._......_._._.._._......._......_._.........._._._._..._...........i.._.._..........._.._.._............._.....-......._...._;_._.._._....._._.......;._......_.._._._._..._. 3rd notices mailed $ $ $ € $ $ $ 5 1st ICScollection notice (nopernotice cost) = i ._._..._.._._.._.._..........__._.._..............._.._.._......__....._._...._.._.._._.._._..........._._---- _.._._.._.._..._..._....._.._._..........__.._...:_......_._.._..........._._._..._._._.._._......._........._.-._.._._.__{ Perle$Appeals(perappealj € $ «-- 180 ----....._. $ ..............__..-.,..._.._.._.._......_._.._._....._.._.._.._.._...._......_._._._.__._.. 8,76615 6,944' S 10,20215 10,6191 5 11,518€ 5 9,294; _._......._._.._.._.._.._... _._..__._._._._.._.._..- Adjudication Letters is level resutrs(includes postage)' _._.._................ -.............. ... .._........ ...... _._....._._.._._.._._........... __..........._._.._._._.._.....,.._..__. 0.85/0.91 5 5,242 1 5 ...... ----._.... 4,743 ; 5 _._........_.__._.._......_.._._.._....._..._._._.__._...__ 5,264 $ 7,090: 5 6,780 5 5,424 ! Adjudiration Letters 2nd level results (includes posagel` ....„0,85/4:91 . _.... .......... --... ........... ....... ........ .......... y-5_ --- -. _5 _.._.._....-._._ _5...__._._._.._......_?_._.._._.__.._.: $ $ YusWMastercadServiceFee1.5% 1.5096 S 36,420' S 31,200' S 32,8091 5 36,6601 S 41,149: 5 32,919: _..........._-........._........._._.._.._........_....._.._.._...-_..._.._.._.._. _. Formant Plat Cass ! $10/0.91 ......._....._._._.._1........._ i ................_.._}.._............. i $ 431 ` $ 136 ; S 378 ! 5 302 _._.......... »..»_.»...... ..................... _..._._.............._:........-... ICSCoflection5evic!S __._......_............_...._ .._._........_.............»_»....»......._...»......_._:......._ ............._..-..........._.............,......_._......__..........._................._.__......._...._.._......._....__.. 23% ........_......;..---..........._.._.._..........._._. 1 5 56,207:5 21,795; $ ....................-.._..............._..---.....,........._.._......._......_.., 15,194(5 18,055: $ 17,332' S 13,865 FTB Processnp - - » 23% 5_.» 17,923: 5 27,685 S 15,757 ? 5 8,7991 S 12,178 S 9,743 F€B Processing after FTB Notice ! 23% S 23,331 S 12,983 ! $ 8,139 i $ 5,843' S 6,104 5 4,883 ._..._........._.._...._..-........._........_.........---.--...........__.._..........._.._.._.._._..._....__._.. Out ofstate t........... ......... ....._;.._..........._._._ 3096 j $ _............_..........._._.__.................................{........._.._......._......_... 32,790 's 5 28,801 ? S 16,361 '_. $ 22,334 '_. $ 25,752 S 20,502 Total S 258 8310 5191,426 S 165,327 1 $ 176,070 S 193,973 S 155,179 Galaxy SSActr eJOC3 (TOS will upgrade to the Samsung ; 5 1,850.00 1 5 i 31,250 5 i $ 4,687 5 I l Galaxy 56 Active at no additional charge} .....................,..._.._.._..........._.._.._....... ,..........._............,.._.._.. ........ .... Month ly fee {Includes lost/stolen/damaged smartphone : 15....__19,1141 5._......�7,�.1. S ...17,920.1..5.........19,320 t ' S 9,320 1 S 4,490 1 1 replacement} NBPNSP+ 11630+7280 r _._........_._._._..._.........._.._..............._.._._......._......_.._.._..........I...._.._......_......_.._.._...:._.._..._.._._.._........_1-._..............._.._._..1._.... : - .......... ......._..1-- ........... ----....... : Citations 3" cRations for OC3 printer 5 0.07 ; S 3,520 ; S 7,947 1 5 3,382 i 5 -...._................---..........._.._.._....... 5,727 ; 5 4,6691 5 4,295 _._..........._.._.._..._.........._.._..................._.._..._.......__.._............_..... ......... Envelope�custam Newport Beach erwelopes 5 __.._.._._.............._.._._._......._.-._...............__ 0.081 5 4,001 1 S _..i..... : 5 5 ; 5 5 - • Postage Increases - VSPSpostage increases will bepa-ssed through directly on all postage- included items 12-8 NEWPORT BEACH MODULE —A Software Costs: Processing Fees — Parking Citations Annual issuance of This offer is contingent on having an active contract for Parking Collection 50,000 to 100,000 Services with Turbo Data Systems. Fee per Parking Citation Issued (Electronic and Manual) $0.40 per citation Fee per Manual 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. O. 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 mailed (Includes Postage) Includes: all forms, envelopes, return envelopes, printing andosp tage. Reminder notices are mailed 21 days after issuance or per agency timeline. Other Correspondence $0,85 per notice mailed (Includes Postage) Includes: all forms, envelopes, printing andosp tage. 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 & Hearing 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 $1.50 perAppeal 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 a ppea& RO 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. 6 N'YAr1 T-1 /5 T �l i 12-9 S Y S T F n;; • 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 — Administrative Citations Annual issuance of . 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 Sam -5 m 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 processin ✓ Bank deposits ✓ Database maintenance ✓ Daily system backups ✓ Documentation and training for use of TDS provided online system ✓ Ongoing Client support ✓ www. ticket.cornnew ortbeach Web pages customized for the Ci • available 24/7 Notice Mailing $0.85 each ✓ 15t 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 12-10 t,r irllr�r-� n rn Ma w.rV r1! ti i! i •. E YT A.7 NEWPORT 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 MONTHL YSERVICE/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, Revieur/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 fulfillment $1 per Permit MAILING SERVICES $1 per letter t 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 f first class postage TDS will assign approved permits and deliver via mail with letter. SUPPLIES/PERMITS Provided by City Credit Card Payments 5% of amount I.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 14 rs�h�r� n Tn 5 1 5; 7 F �', • NEWPORT BEACH Cast 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. 12-12 a t!r� /rr ^snn n TA S Y q T P 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 ticketPRO Magic System Galaxy 55Active/MF2Te Printer Details for Purchase - Smartphones with Data Plan Item & Description Smartphones: Samsung Galaxy SS Active // S.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 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 $10/mo./unit w[th ePTT. 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 3r1 time). ($250 deductible) Item & Description Rate 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 (Optional): Parts & Labor, including physical damage or abuse // purchased TDS will 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 — 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 dY'!"f X11-1 A =IN �.%.�. 1, , 12-131I zz RM11M, KT NEWPORT BEACH Module -C Parking Citation Collections Costs: (Note: Administrative Citations Collections are available at the same rates listed) Innovative Collection Services (ICS) 23010 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 TCS 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 2301b 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 12-14 tvrrhr�r� A=A a.rr ua.ivi % Y .ti r n,r ,� NEWPORT BEACH fRAI`JNtt 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 • ticketPROWeb—Administrative Citations ticketPRO magic— Mobile Enforcement • Permit Manager Ta _-t There will be no travel costfor any of the training above. TD5'5 office is located within minutes of the City_ Training, support and other meetings/visits with City staff will not involve any travel casts, 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 an 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, Iriardware Cost, page 5. Pr.UN11r MANAGEPA ENT SY<T'=rA IMPLEPAU-JTAT C', TDS will have the Permit system available .-Athin 60 days of the start of the contract. RL,njitia¢jee Processin„ Turbo Data Systems (TDS) will provide check scanning deposits for the City at no charge. The City to provide scanner; rernote deposit software and logon access for TD5 users to perform remote deposit into the City's desired bank account. Data Integration Service= No Costs for Data Integration 5ervices for uploading payments and/or administrative citations. TDS will work with the City on uploading payment data electronically from the City's payment system, TD5 will provide art interface for uploading admin citation data from the current system into ticketPROvieb, it rr%�r�r� A-rA Y S T S 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 12-16 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. 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 12-17 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 12-18 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 12-19