Loading...
HomeMy WebLinkAbout25Q - AUTO PARKING CITATION PROCESSING SYSTEMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM CI Y ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Phoenix Group Information Systems to provide an automated parking citation processing system in the amount of $275,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2004, Phoenix Group Information Systems has provided an automated parking citation processing system for the Police Department. The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations and Phoenix Group Information Systems streamlines and expedites the issuance and processing of parking citations. They also handle all refunds related to parking penalties. The Police Department recently sent out a Request For Proposal (RFP) for an automated parking citation processing system. Two venders responded to the RFP, Phoenix Group Information Systems and Turbo Data System, Ink. After reviewing both proposals the staff has determined that Phoenix Group Information Systems meets the requirements of the Police Department, has performed satisfactorily during previous terms, and their processing fee per citation is 20% less than Turbo Data System Ink's rate. The new agreement is for a one-year term in an amount not to exceed $275,000. The new agreement is for services through the end of 2009 and will guarantee stability within the processing, hearing, and collection procedures for the City's parking citations. 25Q-1 Automated Parking Citation Processing System December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department's Traffic Division fund (account no. 011-333-6291), Public Works Agency's Roadway Cleaning fund (account no. 068-633-6291), and the Community Development Agency's Parking Meter fund (account no. 027-013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: i ~~ ~ ~~ ~~_ Paul M. Walters Chief of Police Police Department Ja s G. Ross Ex cutive Director P blic Works Agency 4 Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 25Q-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1St day of December, 2008 by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of processing parking citations and collection of parking penalties. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform parking citation and refund services as set forth in City's Request For Proposal for Automated Parking Citation Processing System and Consultant's Proposal dated November 5, 2008, attached hereto as Exhibit A and incorporated to this Agreement by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $275,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first stated above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 25Q-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25Q-4 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Each party agrees to defend, indemnify and hold harmless the other party, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all demands, claims, actions, losses, liabilities, damages and costs arising out of or in connection with the performance of this Agreement, caused in whole or in part by the negligent acts or omissions, or the willful misconduct of the indemnifying party, its officers, agents, employees, subcontractors or of anyone for whose acts the indemnifying party may be liable, except where caused by the sole negligence or willful misconduct of the indemnified party. 7. CONFIDENTIALTI'Y/FILE SECURITY Reasonable security provisions will be provided by Consultant to insure that access to City computer records and files will be available only to City. Consultant cannot guarantee against loss or alteration of computer records, but will take reasonable precautions to prevent such occurrences. Consultant will hold all City data in strict confidence and shall not provide any data to any other party unless directed by City in writing. If either party receives from the other party regarding information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other parry. 25Q-5 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Phoenix Group Information Systems 2670 North Main Street, Ste 200 Santa Ana, California 92705 Telefacsimile (714) 384-0151 Attn: Mary Houghton A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25Q-6 10. EXCLUSIVITY AND AMENDMENT This Ageement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other ageements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Ageement shall prevail. This Ageement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agee that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Ageement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Ageement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Ageement shall be construed to limit the City's ability to have any of the services which are the subject to this Ageement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Ageement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant until the date of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Ageement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Ageement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Ageement shall be determined and governed by the laws of the State of California. Both parties further agee that 25Q-7 Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. TN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PHOENIX GROUP INFORMATION SYSTEMS ROBERT T. MURPHY President Tax ID# 33-0311833 25Q-8 EXIIIBIT A DEFINITIONS As used in this Agreement, the following words shall have the meanings ascribed to them in this section: A. Citation: A notice of parking violation issued by any peace officer or employee of the City, or by an employee of a contractor engaged by the City for the issuance of notices of parking violations. B. "DMV": California Department of Motor Vehicles C. Interactive Voice Response System: An electronic telephone response system through which callers may retrieve automated information concerning the status of their citations. D. Surcharge: The amount payable to the County, pursuant to State law, for a citation issued by the City and paid by a violator. E. Violator: The registered owner or driver of a vehicle for which a citation has been issued for a parking or related violation. SCOPE OF SERVICES 1.1 General Scope. As more specifically provided herein, CONSULTANT shall receive from the City and process citations for parking and related violations issued by City or its agents involving vehicles registered in both California and out-of-state. CONSULTANT shall also notify violators of penalties, accept payments of fines and pursue collection of unpaid citations. CONSULTANT shall refund moneys collected for parking fines paid on parking citations in order to correct payment or issuance errors. 1.2 Integration of Prior Data. At no cost to City, in order to facilitate the continued monitoring and collection of outstanding citations CONSULTANT shall process, convert, and/or integrate into its own system for processing citations, information relating to open citations issued by City or its agents prior to the commencement of the Initial Term of this Agreement. CONSULTANT shall complete such integration within thirty (30) days after CONSULTANT receives electronic data from City, or from a contractor previously engaged by City to provide similar processing services, containing information for citations issued and entered into the electronic system of City's previous contractor. 1.3 Citation Referral and Reconciliation. The City shall forward citations to CONSULTANT daily or weekly by way of electronic communication or hard copy. CONSULTANT shall provide monthly statistical reports to City showing a detailed reconciliation of citations received each month. The City shall also provide to CONSULTANT information regarding citation payments received directly by City, as well as cancellations, dismissals, voided citations, corrections and any other relevant information pertaining to the status of open citations. 25Q-9 1.4 Registered Owner Information. CONSULTANT will be responsible for requesting all DMV registered owner information, communications, and costs from each state. If CONSULTANT is unable to obtain the necessary information, the citation may be returned to City for research or follow-up. 1.5 Delinquency Notices. For each citation which may become delinquent under a schedule adopted by the City and provided to CONSULTANT, CONSULTANT shall generate and send via first class mail a Delinquency Notice to the registered owner of the vehicle for which the citation was issued, as shown in records of the DMV. Mailed notices shall include: A. Citation number B. Date and time of issuance C. Violation and description D. Amount of fine/fee due E. How to pay the citation F. Return address for payment 1.6 Communications with Violators. In performing services, CONSULTANT shall not do or undertake any of the following without the express prior written permission of the City Attorney: A. Take any legal action on behalf of City against any person who is issued a citation by the City. B. Threaten to take any action on behalf of City against any person who is issued a citation by City. C. Make any communication, oral or written, regarding potential legal action on behalf of the City against any person who is issued a citation by the City. 1.7 Vehicle Registration Holds. 1.7.1 Placing Registration Holds. CONSULTANT shall place a hold with DMV on the registration of each vehicle for which a citation remains unpaid by the registered owner of such vehicle in accordance with, and within the time period provided in, the California Vehicle Code and other applicable law. 1.7.2 Removing Registration Holds. Once a registered vehicle owner remits the entire amount of fines, penalties, and fees due on an unpaid citation to the satisfaction of City, CONSULTANT shall electronically notify DMV within five (5) calendar days to remove the registration hold on that vehicle. 1.8 Forms. All forms, delinquency notices, and correspondence sent by CONSULTANT shall conform to applicable law. 1.9 Boolcs and Records. CONSULTANT will maintain adequate books and records documenting the citations forwarded by City to CONSULTANT for processing. Upon two week prior notice, such books or records, related processing data, and related bank records shall be available for inspection or audit by City at CONSULTANT's business location during regular working hours. 2.0 PAYMENT PROCESSING 2.1 Payment Processing. CONSULTANT shall be responsible for receiving and processing citation payments submitted by violators. CONSULTANT shall deposit all payments received 25Q-10 directly by CONSULTANT, and any payments forwarded by City, within 48 hours (2 working days) after receipt into an account controlled by the CITY. For citation payments which may be submitted directly to the City, the City may either forward such payments to CONSULTANT for processing and deposit, or accept such payments and input directly to the CONSULTANT system. 2.2 Deposits. CONSULTANT will provide a daily update to the City with deposit information; including but not limited to: date of deposit, amount of deposit, name of bank and account number. 2.3 Credit Card Payments. CONSULTANT shall provide the opportunity for violators to pay citations by credit card, both over the telephone and the Internet. In addition to the citation amount and any applicable surcharges, a violator making payment by credit card shall also be charged an additional convenience fee of $3.95 retained by CONSULTANT. CONSULTANT shall provide this service at no charge to City. 2.4 Revenue Reporting. CONSULTANT shall forward to City revenue reports to reconcile the deposit records for each month. Such reports must also disclose the percentage-based fee charged by CONSULTANT for processing citations issued for vehicles registered outside California, as further described in Section 5.1. 2.5 Refunds. CONSULTANT has added the City of Santa Ana (CITY) to an Imprest account set up for Refunds. The CITY funds the account for the purpose of funding the disbursements for refunds. At such time that the fees are disbursed; the CITY is invoiced monthly for an equal amount to replenish the funds to make available for the next months disbursements. The account balance covers an average month of refunds. CONSULTANT will prepare a monthly accounting of the distribution revenue and forward in detail to the CITY. A request to refund the parking fine can be generated by the City or CONSULTANT. In order to facilitate the process of refunding moneys: 1. CONSULTANT or CITY may request a refund. 2. Only the CITY may approve or authorize a refund, CONSULTANT will request approval either by fax or email prior to any disbursement of funds. 3. CITY may request a refund on-line. CONSULTANT will maintain the name of the requestor. 4. CONSULTANT will ensure that the Refund request has been properly completed and approved by the CITY. 5. CONSULTANT shall verify the correctness of the refund and notify the CITY of any discrepancies. 6. CONSULTANT shall prepare checks to each recipient, drawn from the Imprest account, for the indicated refund amount within 7-10 days. 7. On-line data available includes Refund Request initiated (date pending), complete date, recipient's name and address, amount disbursed. 3.0 CUSTOMER SERVICE CONSULTANT will respond to all inquires and complaints by violators regarding the status or disposition of citations. CONSULTANT will provide assistance whenever possible to violators for all inquiries. CONSULTANT shall provide a toll free telephone number for California and out-of--state violators to call for assistance. CONSULTANT shall provide an Interactive Voice Response System for use by violators 24 hours per day, 7 days per week. CONSULTANT shall 25Q-11 provide live customer service for violators from 8:00 AM to 5:00 PM daily, excluding weekends and CONSULTANT holidays. 3.1 On-Line Inquiry CONSULTANT will provide to the CITY on-line remote access that will include the following a. All citation information/history and processing status, c. Current status of the citation, DMV inquiry, hold, and release information, d. Delinquent notice information, due date, mailing date, e. Administrative review, hearing appeals and disposition information, f Payment information, including all date, amounts and payment codes, and g. Registered owner information. The citation data is accessible by citation number, vehicle license number, name, or VIN number. 3.2 Equipment Requirements CITY will provide a standard Personal Computer and Microsoft Windows 2000 Pro or XP PRO. CONSULTANT will provide Microsoft Client Terminal Services. The cost of the software is included. Any licensing required to operate Terminal Services will be the responsibility of the CITY. CITY will be required to provide Adobe Acrobat Reader, Internet (Microsoft Internet Explorer) and FTP capabilities. 4.0 REPORTING CONSULTANT shall provide electronic periodic reporting to City in a PDF format available for access using Adobe Acrobat Reader software. CONSULTANT shall issue the reports each month, unless a longer time interval is requested by City. Initially, the reports shall include: A. Citation Status Report B. Citation Summary Report C. Bail Summary Report D. Revenue collection report E. Repeat Offender Report F. Violation Report G. DMV Monthly Reports H. Officer Report I. Refund Report 5.0 FEES 5.1 For Regular Services. In consideration for the services provided by CONSULTANT, City agrees to pay to CONSULTANT the fees set forth in Attachment 1, hereto. 5.2 Postal increases. If the United States Postal Service increases the cost of first class mail postage, the cost per mailing notice item will be increased by the amount of the Postal Service increase. 5.3 Invoice. Consultant shall invoice City each month for services rendered pursuant to this Agreement during the previous month. City shall review such invoice and, if acceptable, shall remit payment therefore within 30 days, subject to City accounting procedures. 25Q-12 6.0 DATA RETENTION POLICY 6.1 Electronic Data Files. Electronic data maintained by CONSULTANT and related to citations which have been closed (by payment or any other means) for at least 12 months and which were issued at least 18 months prior to removal, shall be removed from CONSULTANT'S electronic system and archived in July of each year. Data archived from CONSULTANT'S system shall be retained by CONSULTANT in electronic media for 24 months following the date of archival. CONSULTANT shall provide to the City a copy of such data in electronic format upon request by the City. 6.2 Hard Copy Data. At no cost to the City, CONSULTANT shall return hard copy files to the City in January and July of each year for the six-month period commencing one year prior to delivery of the hard copy files. For example, hard copy files delivered to CONSULTANT during the period of January to June shall be returned to the City the following January. Hard copy files shall include all original citations and payment receipts. CONSULTANT will also provide computer generated citation data for citations on the system provided they have not been archived to magnetic media. 25Q-13 EXIIIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25Q-14