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16 - PSA for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware
P_ CITY OF NEWPORT BEACH FoP City Council Staff Report May 10, 2016 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Finance Department Dan Matusiewicz, Finance Director 949-644-3123, dmatusiewicz@newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager, 949-644-3153, etseng@newportbeachca.gov TITLE: Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware ABSTRACT: Approve a professional services agreement ("PSA") with Turbo Data Systems, Inc. ("TDS") for a comprehensive parking permit and citation processing system, which would include software, online and offline services to process parking citations, administrative citations, a parking permit management system, adjudication support services and parking citation issuance hardware. The total contract amount over the six (6) year term for citation processing, permit software and processing and enforcement hardware is anticipated to be approximately $1,237,190. Most of this amount is contingency based and will fluctuate depending on the number of citations and appeals submitted. Staff projects that the TDS solution will increase out-of-pocket permit and citation processing costs by approximately $130,000. We estimate that a portion of this increase will be offset by a revenue uplift resulting from improved citation collectivity. We anticipate an increase in customer convenience and a decrease in staff processing time for both Police and Finance administration. RECOMMENDATIONS: a) Approve and authorize the Mayor and City Clerk to execute the PSA in an amount not to exceed $1,237,190; b) Approve Budget Amendment No. 16BA-038, increasing appropriations from the General Fund and Parking Fund Unappropriated Fund Balances for a total of $161,000 to provide funding for the PSA. 16-1 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 2 FUNDING REQUIREMENTS: A Budget Amendment to FY2016 will be required to provide funding for the award of this Agreement. The incremental cost of the integrated program is anticipated to be approximately $161,000 for the first year, then approximately $130,000 for each year thereafter. This amount includes costs for customer online access to pay parking and administrative citations, cost for processing, printing, mailing (includes postage), maintaining an online customer service portal and providing enforcement software. DISCUSSION Background Lack of accessible parking can hurt local businesses and decrease the quality of life for residents. It is the City's goal to facilitate parking in such a way to minimize the impact on residents, preserve the character of our neighborhoods and maintain the economic vitality of our local business. Parking enforcement is a key component of encouraging compliance, which then helps foster coordination and cooperation among businesses, residents and tourists. Staff anticipates the following improved efficiencies and community benefits if City contracts with TDS: Customizable parking permit programs Real time parking permit and citation information Improved online interface to purchase permits and pay citations Single integrated database Significant processing efficiencies Reduced staff processing time The City's current parking enforcement program consists of five components: 1. Pay parking zones — nine (9) on -street and twenty-one (21) off-street paid parking zones. Customers pay for parking at individual meters, pay stations or by pay -by - cell. 2. Parking permits. The City offers four parking permits: a. Master parking permits — holder may park at any paid space in the city, including parking lots. The permits are decals affixed to the windshield. 16-2 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 3 b. Annual (blue pole) parking permits — holder may park at any "annual" or "blue pole" indicated paid space in the city, including parking lots. The permits are decals affixed to the windshield. c. Residential zone parking permits — holders must prove residency in the applicable neighborhood and may park at any parking space within a particular boundary without adhering to posted time limits. These permits can be decals affixed to window or transferrable hang tags. d. Employee permits — these are permits for: City employees (for employees who must drive to various parts of the city throughout the workday, such as Lifeguards, Fire and Recreation staff who must travel between towers, fire stations and recreation facilities), contract City employees, Balboa Village Area Benefit Area District employees and Newport Elementary School faculty. Some permits are decals (City employees), others are hang tags (Newport Elementary) or virtual permits (Marina Park City employees and Balboa Village). 3. Handheld citation issuance devices (ticket writers). The Police Department and parking management consultant, SP+, use handheld devices to write citations for illegally parked vehicles. Illegally parked vehicles may include, but are not limited to, those vehicles that are parked without payment or without permit; or parked for too long in a timed zone. Parking citations are issued to a vehicle for violations to municipal code and California Vehicle Code. 4. License plate recognition ("LPR") hardware. The PD and SP+ also use vehicles equipped with LPR hardware to issue parking citations. 5. Citation Processing. Citation payments must be processed, which may involve opening mail and depositing payments, or reconciling online payments. If the citation remains unpaid, among other things, the citation must be billed and eventually sent to collections. Adjudication processing is also a function of citation processing. In addition to the parking enforcement program, the City's administrative citation program provides an alternative method of enforcement for various violations of the Municipal Code. The goal of administrative citations is to improve the quality of life by promoting and protecting the public health, safety, and welfare for Newport Beach residents and business owners, achieved by encouraging expedient compliance of the Municipal Code and State Codes, ordinances, and regulations in a timely and efficient manner. As an alternative to criminal prosecution in specified circumstances, administrative citations may be issued for such things as: failure to maintain front yard 16-3 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 4 landscaping, public nuisance or illegal dumping. Any person violating any provision of the Municipal Code or applicable State Code may be issued an administrative citation. Each violation constitutes a separate and distinct offense. The City issues approximately 56,000 parking citations and 2,800 administrative citations each year. Parking citations are issued by the PD and by SP+. Administrative citations are issued by several City departments including Police, Fire, Community Development and Code Enforcement. Most administrative citations are written manually. Components of the City's current parking enforcement and administrative citation programs are out-of-date and inefficient, requiring significant manual oversight. Due to technological constraints, staff is challenged to keep up with managing and processing permits and citations. Staff also finds it difficult to develop new programs, such as more flexible online parking permits, that could take advantage of new technologies that would streamline the process for both customers and staff. (More detail comparing the current processes and new TDS processes are in Exhibit "A".) In the past, a software vendor or consultant was selected to process each component listed above based on what was the best available at the time of the selection. These separate systems required manual reconciliation and the continual involvement of IT staff to make them integrate. VENDOR NAME YEAR SELECTED DESCRIPTION 2005 selected, AIMS implemented in 2006 Citation and permit processing DUNCAN AUTOCITE 2005 Ticket writers (formally E -Tech) LES 2007 Parking citation collection agency 2013 LPR — License Plate Recognition hardware & TANNERY CREEK software City staff proposes to take advantage of new technologies, and automate and integrate all the components of the parking management and enforcement program as well as the administrative citation program. This integration would provide efficient enforcement and citation processing and facilitate the implementation of the City's parking regulations and policies. More importantly, the integrated parking management system will allow for highly customizable solutions for resident, business and public parking permit programs. 16-4 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 5 After a lengthy Request for Proposals (RFP) process (detailed below), the City recommends contracting with TDS. TDS would integrate data, eliminating the need to create batch file imports and manipulate or correct data, provide updated software for online payments and citation appeals, allow for online permit purchases and provide new hardware for citation issuance all in real time. TDS will also manage whatever manual processes may remain. Comparison of Revenue and Expenditures (Current vs. TDS Proposed Solution) The cost of the new integrated system would require a one-time investment of $29,000 for new Parking Enforcement hardware and $2,000 for set up of the online parking permit system. It would also increase out-of-pocket permit and citation processing costs by approximately $130,000 per year for a total budget amendment increase of $161,000. We estimate that a portion of this increase will be offset by a revenue uplift resulting from improved citation collection. We anticipate an increase in customer convenience and a decrease in staff processing time for both Police and Finance administration. Cost Variance, Current vs. TDS Proposed Solution Citation Processing Permit Processing Parking Enforcement Hardware Total Expenditures City's Current Solution Expenditure 70,567 $70y567 TDS Proposed Solution Expenditure 154,632 25,000* 21,400* $201,037 Expenditures referenced above represent recurring operational costs. Year 1 requires onetime expenditures of $2,000 for permit setup and $29,000 for parking enforcement hardware. VARIANCE Expenditure 84,065 25,000 21,400 $130,465 Staff productivity savings are expected to exceed $50,000 per year. The fractional efficiency savings are spread across several individuals in Finance, IT and Police. The City has one staff person who manages the City's parking program full time, one first -level hearing review officer (an hourly position) and two staff members who, among other duties, schedule hearings, scan documents and provide other administrative 16-5 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 6 support to the parking program. Staff also provides time -intensive customer service for parking permit and citation inquiries. If TDS is implemented, TDS will manage many of the ancillary administrative support functions, such as opening mail, processing payments and answering customer questions about citations. City staff will continue to adjudicate first level parking citation appeals, as well as provide hearing officers for the second level of appeals. In addition, staff will also continue to liaise with SP+ and PD on citation issues (as well as TDS), disseminate parking information to the public, schedule hearings, develop parking policies and recommendations for new parking programs and permit types, and provide community outreach as needed. Staff reductions since 2009-10 had impacted customer service and adjudication response times. Staff should now be able to focus on providing higher levels of service and faster response times for other functions including, but not limited to: customer service inquiries for drought, business licensing, utility bills, etc., film permitting support, utility payment processing and ERP implementation, at pre -staff reduction target levels. The citation and permit system would be maintained and updated by TDS, creating additional staff efficiencies. The current system server is maintained by IT staff and has become increasingly unstable. Handheld citation devices need to be batch updated each day. Police and IT staff would no longer be required to maintain the system nor dock and update the handhelds. The new devices will be updated wirelessly in near real time. Selection Process In November 2014 the City issued an RFP solicitation seeking proposals for hardware, software and collections components to a parking permit and citation processing solution. We received nine (9) proposals from companies with offerings ranging from individual components to complete turnkey system solutions. As hardware, software and collections entail a wide breadth of knowledge and expertise, an evaluation panel was assembled consisting of Information Technology (IT), Finance and Police Department staff. The evaluation panel rated the proposals based on the following criteria, which were also published in the RFP: Qualifications and experience of the proposer; Qualifications and project history of the assigned project team members; Ability to deliver solutions and services requested in the Scope of Services and RFP; Service and technical support capabilities; and Compatibility of the proposed system/solution to the City's current parking technology infrastructure. 16-6 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 7 This initial evaluation process resulted in one (1) proposer being removed from further award consideration. The remaining eight (8) proposers advanced to be interviewed by the evaluation panel. Prior to the interviews, the proposers were given a script of general system functionality to demonstrate to the panel. The proposers were rated on their success in demonstrating these functions and answering questions from the panel. Following the interview evaluation process, the panel recognized two proposers as the highest - qualified for award: TDS and T2 Systems, Inc. Both proposers offered turnkey and integrated system solutions and had extensive project history dealing with local government agencies. TDS and T2 Systems, Inc. were invited to provide a more in-depth live demonstration (as opposed to general system functionality) of their systems to the evaluation panel, including showing how their proposed solutions incorporated with the City's parking technology infrastructure and their proposed hardware offerings such as ticket printers and handheld ticket issuance devices. Both proposers were also provided with a Best and Final Offer (BAFO) solicitation that allowed them to submit their best pricing, given what they had learned about the City's parking permit and citation needs from the multiple interviews and demonstrations with the evaluation panel. An assessment of all the components from the evaluation process (proposal, first interview, final demonstration, BAFO pricing) determined that TDS was the highest - qualified proposer for project award. TDS' proposal cost less than T2's proposal, especially when comparing the cost of implementation fees. TDS' corporate headquarters and main production facility is located in Tustin, California. The company has been in Orange County for over 30 years processing citations for many California municipalities, including Huntington Beach, Anaheim and Fountain Valley. TDS also has a full functioning office in San Jose to ensure back up of data and operations. 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. 16-7 Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services and Parking Citation Issuance Hardware May 10, 2016 Page 8 NOTICING: 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). ATTACHMENTS: Attachment A - Comparison of Current and Proposed Service Areas Attachment B - Professional Services Agreement Attachment C - Budget Amendment Attachment A Comparison of Current and Proposed Service Areas Parking Citation Processing Current Solution Currently, a parking citation is issued by a PCO or SP+ employee, using a Duncan Autocite handheld unit (discussed below). At the end of each shift, the data is downloaded into the Duncan database, and every day, after working hours, the data file is sent to the City's parking citation software system, Automated Issuance Management System ("AIMS") within the Finance Department. AIMS automatically sends California license plate information to the Department of Motor Vehicles for registered owner information, and a third party provider for out-of-state registered owner information. The person receiving the citation has 21 days from citation issuance to pay fine without penalty. Upon payment, City staff posts the receipt in AIMS. That payment must then be manually reconciled to the City's general ledger, sorted by type of citation — i.e., administrative citation, parking citation issued by PCO, parking citation issued by SP+. For unpaid citations, after 21 days, AIMS generates a billing file, which is exported to Infosend. Infosend then mails the citation delinquent notices. If the citation remains unpaid after 14 days, AIMS automatically generates another file, which is again exported to Infosend. The second citation notice is mailed, this time with a $10 late fee. The current structure is inefficient and unwieldy. It relies on two databases and several file imports. In the past year, issues with file exports have resulted in difficulty updating the AIMS database, which in turn, delays the mailing of citation notices. Because the Autocite data is not live and must be imported into AIMS, the City cannot recognize a citation payment for at least 12 hours after the citation is written. Although AIMS automates many processes, City staff must still open mail, process payments, correct data, change registered owner information, scan documents, process citation appeals and answer customer questions regarding their citations at the counter and on the phone. Due to staff reductions in 2011 and again in 2013, staff has had difficulty in keeping up with the manual work required to process citations and permits. Parking technology has changed dramatically in recent years. Many of the City's coin only parking meters have been replaced with smart meters that can accept credit cards. These and other changes in WIFI and cellular technology have made the Duncan Autocite ticket writers and AIMS data processing system inefficient and unreliable. Overburdened software servers slow down staff access for customer account lookup, and can cause the customer service website to frequently time out, creating frustration 16-9 for customers. Staff has also had difficulty tracking scofflaw vehicles registered in other states. Proposed Solution TDS integrates enforcement hardware and citation processing so the two processes integrate seamlessly without requiring frequent data migration. This system integration results in a "live" data system that allows one to view or pay a citation immediately after issuance. The integrated system can track citations from issuance to adjudication, payment and collections in real time; provide online real-time citation information for customers; and allow for automation of invoicing, late fees, appeals, collections with a scheduler function. The software will be on a TDS server and accessed via the internet, eliminating the need for City servers. TDS will process all payments daily and all information will be entered into the system in real-time. TDS' Interactive Voice Response system (IVR) provides real-time 24/7 access to detailed citation information directly linked to the City's database. TDS customer service representatives are available during business hours to take payments and respond to customer inquiries. Administrative Citation Processing Current Solution Currently, an administrative citation is issued by an enforcement officer from various city departments. Most administrative citations are hand written from a pre-printed ticket book, some are issued as automated letters. Some handwritten citations are keyed directly into AIMS by city staff and others are imported from software used by the particular department. Timelines for invoicing and appeals vary on citation types and are managed in much the same way as parking citations in AIMS. Invoicing is automated and sent to Infosend for print and mail. Proposed Solution TDS will process citation data entry for all citations previously hand keyed by staff directly into AIMS. Departments that prefer to key into their own software will still be able to export to TDS. TDS will also scan citations for viewing by staff. TDS will process all payments daily and all information will be entered into the system in real-time. TDS' Interactive Voice Response system (IVR) provides real-time 24/7 access to detailed citation information directly linked to the City's database. TDS customer service representatives are available during business hours to take payments and respond to customer inquiries. 16-10 Permit Manaaement Processin Current Solution The City's current physical decal -based permitting system requires purchaser to either wait for mail delivery or come in person to City Hall to pick up the permit. For example, residential zone permits require residents to provide physical proof of residency and is limited to three permits per household. The current system requires residents to purchase and provide proof in person. Once permit is issued and affixed to vehicle, it requires manual validation by Parking Control Officers ("PCO"). The permit issuance process is therefore heavily time consuming for those seeking permits and staff who issue and enforce permits Proposed Solution TDS will convert the City's current parking decal permit system to a web -based on-line permitting system to improve customer service, convenience and efficiency. TDS' software system will allow for online permit application and renewals and integrate with the existing vehicle -based LPR automated enforcement technology and provide real- time payment data for hand held enforcement devices. The license plate will become the parking permit number for instant permit availability. This system will allow for the purchasing of permits on-line or by cell phone payment on a 24/7 days/week, 365 days/year basis without having to visit City Hall. Residents can scan documents to submit proof and will have all verifications done by software logic and TDS staff when needed. TDS will also provide automated expiration date and renewal noticing to the permit holder, and provide customers with e-mail or text messages regarding the approval or status of their permit. Applicants 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, the account/permit can be fulfilled electronically or via mail depending on the type of permit. In addition, TDS' database will be able to work with the City's LPR enforcement system to provide for virtual permitting with live updating and more accurate enforcement. TDS software will allow for more flexible resident, visitor and business parking permit solutions, as may be required by the community. With the time saved from using a more efficient system, the PCOs would be able to spend more time with proactive enforcement. This has the potential to reduce the number of radio calls which in turn would reduce the call volume of dispatchers and others who receive phone calls at the Police Department. This reduced call volume would improve customer service and responsiveness. 16-11 The parking control supervisor would benefit greatly from using the new system. Handwritten parking tickets would no longer need to be entered into the system. Once the tickets are reviewed, they would be scanned over to TDS where they would be entered into the system. The parking control supervisor could then spend more time in the field and spend more time training enforcement and SP+ staff. Enforcement Hardware Current Solution The aging Autocite enforcement hardware units used by the Police Department's PCOs are becoming increasingly unreliable. These handheld devices are used to enter parking citations and capture information such as date and time of violation, vehicle make, model, color, and license plate number. The hardware technology is no longer supported by the vendor, so the units are inoperable for much longer and are increasingly more expensive to repair. The hardware units do not have consistent workable WIFI, cellular or GPS capability so reliable information about the specific location of the violation cannot be tracked or shared with SP+. Proposed Solution TDS's offers a reliable smartphone device that is Internet and GPS enabled, allowing for the receipt of real-time information from a specific location and the sharing of data with SP+ to strengthen enforcement efforts. Live data alerts provide the number of previous citations issued and whether the vehicle is eligible for towing. The avoidance of duplicative citations by different enforcement personnel who are in the same location at proximate times can also be achieved. The units come equipped with an LPR system that allows enforcement personnel to photograph the license plate. The units will also have a warning ticket system that is live and shared with SP+. Once a license plate is entered, the unit will display if the vehicle has been previously warned. This avoids entry error and will auto -fill the vehicle information if the vehicle is already on file. The units weigh far less and are less bulky than the City's current units, which makes it easier to hold and causes less wrist strain on the PCO. Finally, TDS will be responsible for the maintenance and upgrading of the units thereby keeping enforcement operations up with the latest technology. The units will also have a better quality camera with a flash that will allow for higher resolution photos and for photos to be taken at night. Collections Current Solution It has been difficult to exchange data files with the City's collection agency without data errors, resulting in misinformation and accounting errors. In addition, reconciling payments and collection data is a manual and time-consuming staff process. 16-12 Proposed Solution TDS' collection system is fully integrated with the citation system allowing for easy retrieval of parking citation and collection agency data, all in one location. Through the integration of all the components above, City expected more citations to be paid to the citation going to collections. However, TDS can effectively collect for administrative citations as well as parking citations. Included in its collection efforts are 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. Additionally, the Franchise Tax Board Interagency Offset Service is provided by TDS to collect outstanding violations by attaching citizens California State Tax Refunds and/or California Lottery winnings. 16-13 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR PARKING PERMIT MANAGEMENT AND CITATION PROCESSING THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 10th day of May, 2016 ("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 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 16-14 ATTACHMENT B 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. COMPENSATION TO CONSULTANT 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 16-15 ATTACHMENT B 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 16-16 ATTACHMENT B 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 16-17 ATTACHMENT B (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 16-18 ATTACHMENT B 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 or joint -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 16-19 ATTACHMENT B 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 16-20 ATTACHMENT B 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 16-21 ATTACHMENT B 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 26. CLAIMS 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 16-22 ATTACHMENT B 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 16-23 ATTACHMENT B 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 16-24 ATTACHMENT B 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 f (oh � Aaron C. Warp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor CONSULTANT: Turbo Data Systems, Inc., a California corporation Date: Bv: Roberta J. Rosen President 1 CEO Date: By: Elie M. Sleiman Vice President 1 Secretary [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 16-25 ATTACHMENT B EXHIBIT A SCOPE OF SERVICES Turbo Data Systems, Inc. Page A-1 16-26 NEWPORT SEAT *P)O .x-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 filing 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 Inquiry and Online Appeals systems at the touch of a button. TDS files all hard copy citations and can provide these documents upon request by the Agency. 16-27 NEWPORT BEACH I) IVE22 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 M Reminder Notice Date Vehicle Color Additional Notice Dates Vehicle Identification Number M DMV Hold Date Violation Location M 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. ty 16-28 NEWPORT SEA 6RP9 tPW1� 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 (BootablejTowable) 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. 11 A-0 %-1 16-29 • NEWPORT BEACH RIF1IW-20 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), I5which 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. A r, 16-30 NEWPORT SEAfiWWPFx-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. three separate steps of our process. Payments business days of receipt. Payment batches are balanced and reconciled at are processed into the system within two (2) 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.). u� ✓v • .s- 16-31 NEWPORT BEACH RWP4P1►i E2Z Refunds: TDS will record and report refunds to the City. The City issues the refund check. ALS 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 cam): 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.pticket.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. pticket.com 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 tT f Y h L 16-32 NEWPORT BEA Bg1 WFPWV -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 contesting status on citations in the adjudication 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 16-33 RMT-M. RMT. - NEWPORT BEACH 1YE_0I as defined by the USPS. All notices, letters, and postage 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/Color/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 Processing_ 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: 16-34 Module -A Software 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 REP©RTNet 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 Integration: 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.). =Irbc • � / i 16-35 Module -A Software 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 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 11t 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 eAppea/sPRO — 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 16-36 E• . NEWPORT BEA8W*FPl1_'P-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 eAppealsPRO 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. 16-37 .. Software NEWPORT BEACH R9WIME22 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 .r n 12 u. w1vPage 16-38 Modulle-A Software NEWPORT 3E.4M9+ MW_1P 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 Re ort Net : 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. 16-39 Fri• • • - NEWPORT BEACH A~1 5E 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 Capabillily 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 Reguests: 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. f.i �14./ V � e • - 16-40 • • • NEWPORT SEA CHWFW '9.22 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. 16-41 I Module -A Software : , 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. Applicants) 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 �1 N E W I +x00 (�r1n Mwnn� 16-42 • . NEWPORT SEA 67T9 X22 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: Active Date/Inactive Date Validity Renew Term Permit Stock Permit type Require document for new permit Require document for renewed permit User Date Selection Advance Order Days Renew Reminder Days Automatic Approval Email Permit Print Permit Delivery Option Prorate Permit Fees Required Document Category Required Document Sub -Category Vehicle Required Fields Associated City Street (zone/ districts) Associated Account Type Permit Cost Permits Allowed Replacement Fee Change Fee Controls the date a permit becomes active/inactive Controls the term of the permit. Daily, monthly, yearly, etc. Control renewable period Controls permit inventory allowing quantity limits and date duration Defines type such as Decal, sticker, hang -tag, etc. Indicates if documents/proofs are required for new permit Same as previous but controls the renewal process Indicates if the user can select a date for the desired permit Controls if a permit can be ordered before effectivedate Controls the number of day reminders should be sent Auto -approves a permit that does not have special requirements. Indicates that the permit should be email (pdf) Indicates that a permit should be generate immediatelyand shown/downloaded as pdf. Controls delivery by mail or in-person pickup; options maybe selectable Controls to allow for proration and tiered feestructure Controls the category of document are required such as Proof of Residency, Proof of Person, Proof of Vehicle, etc. Controls the sub -category such as Tax Bill, Rental Agreement, Utility Bill, Driver's License, Vehicle Registration, etc. Controls what vehicle information is required such as make, color, etc. Controls if a permit is available for a specific zone/district. Qualified Addresses are specified by street number, street name, and apartment/unit number. Controls if a permit is available for a specific account type such as Business, Residential, and General Permits. Cost for permit Number of permit allowed per address, resident, etc. Specifies any fees associated with replacement of a permit 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 16-43 Module -A Software . + • 77-01:1 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. sir r. u■w�v M./' 16-44 ff up • • - NEWPORT BEACH49 39-22 A3.5 Correspondence Processing 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 Agency 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: AccountsLReaistration Pending Accounts Submitted for Approval Approved Accounts Rejected Accounts Permits Ready for Fulfillment Active Permits All Permits 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. " a &-# %.& MM 16-45 • •0 NEWPORT BEACH WWx°.�� 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 Reporting 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. 16-46 E�- NEWPORT SEA CWWW#r-'PL221 Turto, Data Systems, Inc. Page I 111"Ar-1. chv Hall m lo autoChalk Mobile M.rb-- tv I 16-47 Module -A: Sample Notices & Forms =W 29Z�B = A4 Securi 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 Dataeei and Re Fiber N� I—— 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. RCI Compliance: Our pticket.com eCommerce web site goes through a monthly DSS 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. • � i 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 q9 (Symantec Endpoint Protection} to protect against file, system and email viruses and Spyware. Virus signature and protection policies are managed and updated by a 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 (Coloration) 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 Coloration 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 SSAE15 S JF datacenter facility. This is a highly -secure off-site facility designed to withstand major ♦ 6 disasters. Our equipment is housed in a controlled environment providing a complete 1 access lock -down. Furthermore, having redundant power generators, Air Conditioning and Internet backup, guarantees a continuous systems operation, data safety and integrity. ia.e � w..► u • . i - 16-49 Module-A: Sample Notices & Forms I N 7 • • • 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 Sunnort: 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. f -r rr a+a 16-50 Module -B Hardware • . Module B - Hardware ticketPRO is a custom software solution that was designed and developed by TDS in 2005 as 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 Magic 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-81OG 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. tv ol% u8 �vv 16-51 Module -B Hardware • • 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 GalaxyS6 Active Comparison 4G 5martphone Item & Description Screen Size 5.1" High Contrast Display Yes MIL -STD -810G Rating Military Standard Approved -1.5 meter drop; Heat Yes & Dust Resistant; Waterproof to 1.5 meters for 30 minUtes Shock Resistant Shock Reinforced inner -case design Yes 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 16-52 N'tFMMT BEA8HMW"3 -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 MF2Te Dimensions 5.5" x 4.3" x 2.5" Weight w/ Battery & Ticket Roll 19.2 oz. Drop Specification 6 ft. (1.8m) Shock Resistant Yes Clip Holster Yes Battery 1800 mAh Use Time 390 ft. or 780-6" receipts �r ir n u J Irl V M 16-53 Module -B Hardware , , 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 Covered parts and labor Required repairs to restore to original performance specifications Required cleaning and adjustment Ground freight return shipping 5 -day turnaround time for repairs 2 -day turnaround time for repairs Same-day shipment e Preventive maintenance 1 ■ 2 clay freight return shipping Annual or monthly activity reports I provided q III Coverage of all parts, including print heads (excludes batteries and ■ accessories) Physical drrrnage or abuse ■ 16-54 Modulle-1113 Hardware NEWPORT BEA7H"#1-4422 Daily/Monthly Shift Summary Reports: Reports are automatically generated and published to selected staff. Data includes previous day/month summary of citation issuance, Chalk! ng/Ma rking activities, Beat/Route stats. Detailed issuance reporting by violation and officer is also available: [wily Shia Summary ■ZOR Octob&r 7, 2014 - Oetob*r 7, 2014 'u 14 lU 11/ J. S., rAP. Y PAI ick dc , ! 541 • 46 U 1 u 1) 4S )t agtc Monthly Shift Summary Ronthly summary for October 1, 2014 - October 31, 2014 Summary ott"6 . _,- _ . - - • PAS 557 n 0 ?a 3 S34 W,542 - 2019 GA`s 836 il 0 27 t 3a8 $30,087 ...._ ..... ..._.. PA7G 2 0 a 0 0 2 $76 1 G..... .GA4 699 5 to s-- 5 662 ;2'5,797 PAW 76S a a 20 i 742 $26.002 ___I PAIS 363 a 29 6 14 343 $37.443 - f - ----- PA 14 641 2 0 10 _ b29 $25,355 I A FAY 343 a 6 11 3 329 512212 CA? 643 1c 32 556 524.205 ........ ..... ..... ., DAF 9E8 n 1 4-7 572.771 PAI 85? & 4 13 _ 345 528,54? - 16-55 Modulle-B Hardware NEWPORT BEACH filfPW.05E.224 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: tiche I •R - Monthly Shift Summary Monthly smeary Eor October 1, 2014 - October 31, 2014 Monthly Issuance by Officer October 1, 2014 - October 31, 2014 1000 Soo 4 600 zna 01,0 I oflker Vc.ds = `ekes F d' Monthly Shift Summary Monthly summary for October 1, 2014 - October 31, 2014 Days Worked and Avg Daily Tickets by Officer from October 1, 2014 - October 31, 2014 so 60 40 40 46 34 45 36 46 51 54 zo 2.1 25 oRktr 1u07-,tken rerDay m clys Worked ty 2-rr 16-56 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. fi, R- ur A-0 %_P 11111 16-57 Module -C Collection Services NE WPOR T SEA CH RFPW29 SE22'-- 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 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 FTB 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 closed, 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. 16-58 Module -C Collection Services • r - - 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. P c = _ • W INNOVATIVE COLLECTION SERVICES II 111 Ill Ill I II 111111 111 II I II II II ll 11 II° °"" Issue S PARKING CITATION 03/25M12 83010023 C TOT &L DUE—] Client: 08/01/2012 $11000 $000 $11000 IMPORTANT: . .. �. IGS n a coeectan ayTerary Ths �s an arempt to ;csedt a deft Any tl{f'�fl�lllllll11r1111111111I111f'li'II'IIIII'I"!I'"11'11'1"lift _rm ttsMfor ftXpapm Penaaresand colecton tee# may ha%* been add*d to yolr 0*bt Amoint AS st7lld o CA40m a Vehtk Cad* Section 40203 S FOR MORE INFORMATION. GG}} www-pticko-coew - r . enter 8252 (tnw th* first 8 duraet*rs of vV r_catrnt rumtwD Your past due account has been assigned to us for collection We would appreciate a prompt response to this demand to ehminate turther collectm action. If YOU have sold this vehicle, see the reverse side. Due to the delinquency of this citation, you no longer have the right to Claim the citation was issued In error Prior notification regarding this debt has been mailed to you with no response Payment must be made within 10 days to avoid further collection efforts When payment has been made In turf. this account will be dosed Please send the amount due rmediatety, rnakirV your check or money order payable directly to our client We have pre -addressed the lower portion of this letter for your convenience See Consumer Rights information an reverse std* TO PAY BY CRECr CArC • Pay ordre www pt.cket com."ucla • FarMrlle fist d tru•attsrs c•!^e acta:nl rw•nte- r TO PAY @r MAIL t Send midi or money order NO CASA (US tras ony ) Pmt ado unt number on your payrrwat To nsum proper cr*de, r*tuum th* bottom portion of this "o" w1> yo19 payment : Make payabie to: rr. Please retial " pita+ wdh yow payment - Use am enews*d envelope Th -s wa **sure prompt. accurate I`ano�rg upon recut ICS t aGMT Nusraeit 1 NOTICEDATE . 83010023 05.'0 TC2C112 1f you hm already paid yLyls debt, s" . copyr of the frank .rid back ar yqur cancelled check or rrwney order proving your payment. we wA dose Ba s account only with verlilabte proof of payment AMOUNT OUE NOW 1Ii INNOVATIVE COLLECTION SERVICES 11t11,111l111P11111111111111111,1,1111,111111/1161111ii1111111 L iL� wJ'VI � a i 16-59 Module -C Collection Services �= 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 FRANCHfs,E TAk-6-dA RD U II �IIIfiI Illllfll [1111 111 illi II PRE -INTERCEPT NOTICE .. ( ACCWNTiVPr----T_tssuFoATE ( ACMM PARKG CITE-SSN-7475 t 110112010 06104999 — IIIIhIIrIiIIIIIIIIIIIIIhIlrllnll91hllllllrllhlrrfhl 10105(2012 $49400 �$?� s=oy w: a= trlPORr�AT�ori c y a www.pbck*tcoav =t Our records show that you have a delinquent debt that is now due and payable YOU have 30 days to voluntanly pay this amount before we submit your account to the Franchise Tax Board (FTS) for interagency intercept collections FTS operates an intercept program in conjunction with the State controllers Office, collecting delinquent Habitues individuals owe to state and local agenciesrcolleges FTB intercepts tax refunds, Unclaimed Property (UPD) claims. and lottery wirinings owed to individuals. FIB redirects these funds to pay the tndiwiduars debts to the agenciesfcolleges (California Government Code Seclrcxtsl2419 2. 12419.7. 12419.9. 12419 10. 12419 11, and 12419.12). If you have que Aws or do not believe you owe this debt, contact us within 30 days from the date of this letter. Please provide a copy of this letter, your current address, the last 4 digits of your social security number, a copy of your drivers license or ID card for identification purposes and any other mformation that wit assist us in understanding your concern the will review your situation and reply back to you by mail If you do not contact us within 30 days we will proceed with intercept collections. Details for this account are located on the back of this notice. INSTRUCTIONSPAYMENT TO PAY BY CREDrT CARD To PAY 8 MAS • Pay a k www. pticketconVcrlrercity 1 .Send check or ^W" order NO CASH (US fur -ds onrY I' Pay by Phw* I W81788.(r `_5, eraer 3156 2 Pant aoomot rkerAw on you WY'^wm T' e s a S3 CO pr�'essnp nee Der otsbal 3 To wnLra Froew ovd! nonan Vie bosom pornon of V" n000e wen+ your paynnert 4 Make payable to CITY OF a VF �'� rs. _ �•��nR Piwue re.", , Vis Poe-" win vow payrneret — use the *++closed V"hwe T r -s Will en 4" "rVL accurate h3nonp upon reeemt FTBN NOME DATE I 06103999 1010512012 AM104A rT Doe NOW ... 11 If ya, have already paid this debt, send a copy of the faont and back of your cancefted check or money order promV your payment. We wit close ttxs account o* with vet i ble proof of payment. �r n e1e Lr..r �•6` � 16-60 WITIWal :IIV]MLI MV EXHIBIT B SCHEDULE OF BILLING RATES Turbo Data Systems, Inc. Page B-1 16-61 NEWPL7R T BEA i�19�1�.�2Z Newport Beach 6 -Year Estimated Total Costs: List each .. 'Sap orted appLication Parking Citation Processing Year I $57,253 Year 2 $57,253 Year 3 $57,253 Year4 $57,253 i Year 5 $57,253 Year 6 $57,253 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 Tlcketwriters $S0,400I $21,4001 $21,4001 $21,400 $21,4001 $21,400 $157,400 Total $161,173 1$130,173 1$130,173 1$130,173 1$130,173 1$130,173 $ 0.85 $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 TDS Fee NB Volume YR 1 YR2 YR3 YR4 YR 5 YR6 ParkinS Citations Issued by handhelds $ 0.40 50,000 $ 20,000 $ 20,000 j $ 20,000 $ 20,000 $ 20,000 $ 20,000 Manuzifly written parkin8 citations $ 0.40 5,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2, WO ist notkes mailed (includes postage)' $ 0.85 27,500 $ 23,375 $ 23,375 $ 23,375 $ 23,375 5 23,375 $ 23,375 2nd notices mailed (includes postage)' Optional {Final Notice) $ 0.85 13,750 $ - $ - $ $ $ $ - 3rd notices mailed 1stICS, collection notice no pernotice cost) $ - 6,875 $ $ $ - $ $ $ Paperless Appeals ( erappeal) $ 1.50 5,000 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 Adjudication Letters lstlevel results (includes postage)* $ 0.85 5,000 $ 4,250 $ 4,250 $ 4,250 $ 4,250 $ 4,250 $ 4,250 Adjudication Letters 2nd level results (includes postage)* $ 0.85 150 $ 128 $ 128 $ 128 $ 128 $ 128 $ 128 Payments (online) included 705. $ - $ - $ - $ $ - $ - Payments(mail) included 30% $ - $ - $ - $ $ - $ - Total 1 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 $ 57,253 ADMINISTRATIVE CITATIONS TDS Fee NB Volume YR1 YR2 YR3 YR4 YRS YR6 Admin Citations issued Electronically (Citations exported to TDS from Permits Plus) $ 4.00 5,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Admin Citations Manually written $ _ 8.00 500 $ 4,000 $ 4,000 $ 4,000 S 4,000 $ 4,000 S 4,000 1st notices mailed (includes postage)* $ 0.85 2,750 $ 2,338 $ 2,338 $ 2,338 S 2,338 S 2,339 S 2,338 2nd notices mailed (includes postage)' (Final Notice) $ 0.85 175 $ 149 $ 149 $ 149 $ 149 $ 149 $ 144 3rd notices mailed 1st ICS collection notice (no per notice cost) $ - 688 $ - $ - $ $ $ - $ Adjudication Letters Hearing results (includespostage) $ 0.85 40 $ 34 $ 34 $ 34 $ 34 1 $ 34 $ 34 Payments (online) included 70% $ $ $ $ - $ $ $ Payments (mail) included 30% S $ $ S - $ $ $ Total $ 26,520 $ 26,520 $ 26,520 $ 26,520 $ 26,520 $ 26,520 PERMIT MANAGEMENT TDS Fee N13Volume YR1 YR2 YR3 YR4 YR5 YR6 One Time Setup $ 2,000.00 n/a S 2,000 $ - $ $ _ - S - $ - Monthly Fee $ SOO.00 12 $ 6,ODO $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Per Permit {validation required by TDS) $ 4.00 2,500 $ 10,0D0 S 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Per Letter - plus postage (if needed, correspondence) $ 1.00 50,000 $ - 5 - $ $ $ $ 1,800 Permit fulfilment-pluspostage $ 100 4,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 Digital Permits $ 1.00 1,000 $ 11000 $ 1,000 $ 1,000 $ 1,000 1$ 1,000 $ 1,000 Renewal notices emailed (No charge/included) $ - 5,000 $ $ $ - $ $ $ Customization - perhour $ 120.00 $ Total $ 27,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 TICKETW RITERS Price Quantity YR 1 YR2 YR3 YR4 YR 5 YR 6 Galaxy S6Active/MF2Te $ 1,450.00 20 $ 29,000 $ - $ - $ - $ - $ - Monthlyfee(Includes lost/stolen/damagedsmartphone replacement) $ 70.00 20 $ 16,900 $ 16,800 $ 16,800 $ 16,800 $ 16,800 S 16,800 Citations -2.25' citations forIVF2Te printer $ 0.06 50,000 $ 2,600 $ 2,800 $ 2,800 $ 2,800 $ 2,600 $ _ 2,800 Envelopes -custom Newport Beach envelopes $ 0.04 50,000 $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 $ 1,800 Total $ 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 �r n ua s✓a� a. t' 16-62 NEwpow-BEAU"Id W5-22 MODULE —A Software Costs: Processsing 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 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. 0. Box ✓ www.pticket.cominewportbeach 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 30010 of amt. collected No charge for payments off the windshield. Nlets electronic access for all 50 states. Review & Wearing 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 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 eAppealsPRO 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 1.5010 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 r, tsr r wJv •.f! 16-63 Cost File NEWPORT SEA Cff7WP►WMB22 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 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 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.pticket.com/newportbeach Web pages customized for the City, available 24/7 Notice ,Mailing $0.85 each ✓ I 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 C aA I�AJry �. E' 16-64 Cost File NEWPORT BEA+�22 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 Y SERVICE/CC OUD-HOS TING FEE $S00 This fee will cover the basic maintenance and availability of the system for the public and the City. PERMIT PROCESSSING FEES - Mailed Requests, ReviewlValidation 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 fulfillment $1 per Permit MAILING SERVICES $1 per letter f first class postage This fee will cover the mailing of a single page of information, such as a simple renewal Fetter 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 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 clay, 7 days a week • Immediate approval and updating of payment information to the client's database CUSTOMIZATION CHARGES (OPTIONAL) $120 PER HOUR 16-65 Cost File NEWPORT BEAG9TW15622 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. 16-66 NEWPORT BEAUMMM#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. • • Galaxy 56Active/M=e Printer Details for Purchase - Smartphones with Data Plan Item '& Description Smartphones: Samsung Galaxy S6 Active // 5.1" Color touch -screen // Military spec. MIL -810G// 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 Rush -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 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 ($2S0 per replacement; $950 for 3"' time). Printer Items Item & Description Rate Bluetooth Printer: Datamax MF2Te printer // 2" printer // Includes Lithium -[on 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 16-67 RTTM I NEWPORT BEACH R�- Module-C Parking Citation Collections Costs: (Note: Administrative Citations Collections are available at the same rates listed) Innovative Collection Services (ICS) 30°!0 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 30% 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 Cost File ` • ' ' - „1.41, ; 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— Parking Citations/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 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. 16-69 ATTACHMENT B 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 16-70 ATTACHMENT B 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 16-71 ATTACHMENT B 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 16-72 ATTACHMENT B judgment may be necessary for its proper protection and prosecution of the Work. Turbo Data Systems, Inc. Page C-4 16-73 City of Newport Beach ATTACHMENT C BUDGET AMENDMENT 2015-16 EFFECT ON BUDGETARY FUND BALANCE: BUDGETARY FUND BALANCE Increase Revenue Estimates X Increase Expenditure Appropriations AND 010 Decrease Expenditure Appropriation SOURCE: 300000 REVENUE ESTIMATES from existing budget appropriations Org to unappropriated fund balance X from unappropriated fund balance EXPLANATION: NO. BA- 16BA-038 AMOUNT:J $161,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from the General Fund and Parking Fund LI to provide funding for a new 6 -year contract with Turbo Data Systems for a comprel permit and citation Processina system. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Description Fund Obiect 010 300000 755 300000 REVENUE ESTIMATES Services Prof & Tech NOC Org Object EXPENDITURE APPROPRIATIONS Description General Fund - Fund Balance Parking Fund - Fund Balance Description Signed: (111�1 Signed: Signed Financial Approval: 0 Administrative Approval: City Manag City Council Approval: City Clerk Fund Balances Amount Debit Credit $132,000.00 $29,000.00 * Automatic $132,000.00 $29,000.00 5r'Y^f(a Date �44 I b Date Date 16-74 Description Org Number 0103032 Parking Object Number 811008 Services Prof & Tech NOC Org Number 75503 Parking - Non -Operating Object Number 911015 Parking Lot Infrastructure Equipment Signed: (111�1 Signed: Signed Financial Approval: 0 Administrative Approval: City Manag City Council Approval: City Clerk Fund Balances Amount Debit Credit $132,000.00 $29,000.00 * Automatic $132,000.00 $29,000.00 5r'Y^f(a Date �44 I b Date Date 16-74