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HomeMy WebLinkAbout25A - AGMT- PARKING CITATION SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SERVICES CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with Phoenix Group Information Systems for automated parking citation processing services in the amount of $487,185, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 18, 2013, the Police Department issued a request for proposals (RFP #13 -051) for automated parking citation processing services. On October 2, 2013 a pre - proposal conference was conducted, and on October 23, 2013 the City received proposals from six firms. Cite Zone, Data Ticket, Phoenix Group, SP Plus Municipal, T2 Systems, and Turbo Data each submitted proposals for consideration. An evaluation committee consisting of representatives from PD Traffic, PD Fiscal, PD Information Services, and Finance/Treasury reviewed and rated the six proposals. The proposals were evaluated according to Responsiveness to RFP (30 %), Experience of Firm and Personnel (30 %), and Cost of Proposal (40 %), as stated in the RFP. The results of the RFP evaluation are as follows: Vendor Score Phoenix Group 471 Data Ticket 435 Turbo Data 427 Cite Zone 420 SP Plus Municipal 364 T2 Systems 341 500 point max 25A -1 Phoenix Group Agreement December 16, 2013 Page 2 The Police Department proposes to enter into a three -year agreement with Phoenix Group Information Systems. Phoenix Group is a Santa Ana based business and has been accommodating, professional and consistent in it's processing of parking citations under their current agreement with the City. Currently, the Police Department utilizes a hard copy system for issuing and processing parking citations. In order to enhance efficiencies and save costs, the Police Department will transition from the hard copy system to an automated system. Citations will be issued using handheld electronic devices and uploaded to Phoenix Group saving processing time and costs. The automated parking citation system is expected to provide a substantial savings to the City, in excess of $50,000 for the first year, when compared to the current agreement in place. The first year of the agreement includes $151,083 for citation processing, equipment maintenance and supplies, and $48,936 for equipment, for a total of $200,019 the first year. Years two and three of the agreement include $143,583 for citation processing and supplies, for a total three -year agreement amount of $487,185. FISCAL IMPACT Funds are available in the Police Department, Traffic Division Fund (account no. 01114405 62300) and CDA — Parking Meter Fund (account no. 02718860 62300). J i Carlos Rojas Acting Chief of Police Police Department Nancy Fong, AICP Interim Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25A -2 AGREEMENT FOR AUTOMATED PARKING CITATION PROCESSING AND THIS AGREEMENT, made and entered into this 16th day of December, 2013 by and between the Phoenix Group Information Systems, Inc., a California corporation (hereinafter "Contractor "), 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 The City desires to retain a Contractor having special skill and knowledge in the field of processing of automated parking citations. The City also desires to purchase twenty (20) hand held e- citation ticket devices, software, and a service plan for the devices. The City issued a Request for Proposal for Parking Citation Processing Services ( "RFP" 13 -051) in September 2013. Contractor was one of the six vendors that submitted proposals for RFP 13 -051 and was awarded the Agreement because after evaluation of all of the proposals, Contractor was the lowest responsive proposal. 2. Contractor represents that Contractor is licensed by the State of California to provide Automated Parking Citation and Processing Services and that it is willing to provide such services and devices as outlined in its proposal in response to RFP 13 -051. 3. hi undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Automated Parking Citation and Processing Service firm. 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: TERMS AND CONDITIONS 1. TERM The term of this contract shall be for three (3) years. It shall commence the date of City Council award and approval of all insurance and bonds, and terminate on January 1, 2017, unless earlier terminated as set forth in Section 8 of this Agreement. 2. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services for the total three year period a sum not to exceed $487,185. The rates and charges are set forth in contractor's proposal, attached hereto as Exhibit "A" and incorporated by reference. The breakdown of the Agreement cost for each year of the Agreement is set forth below. 25A -3 *Estimate Based upon the citations processed in 2012- 2013 Year 1 Year 2 Year 3 Processing $107,512,50 $100,012.50 $100,012.50 Hearing Officer $3,960.00 $3,960.00 $3,960.00 Equipment $48,936.00 $0 $0 -Equipment Maintenance $8,800.00 $8,800.00 $8,800.00 -Envelopes $3,750.00 $3,750.00 $3,750.00 -Paper $4,710.00 $4,710.00 $4,710.00 F'TB Collections $22,350.00 $22,350.00 $22,350.00 $200,018.50 $143,582.50 $143,582.50 3. INVOICES The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City, Invoices shall include the following infonation at a minimum: A. Contractor's invoice number; B. Beginning and ending dates for services; C. City project; number and/or name (if applicable); D. Work site address /location (if applicable); and E. Unit cost, subtotals and total for invoice Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and will not be paid. 4. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 marmer in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be 25A -4 provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. S. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor'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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s) in a form approved by the City Attorney's Office; (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business Automobile Liability Insurance. Contractor shall maintain business automobile liability insurance or a similar form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self - insurance, Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. D. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. E. The following requirements apply to the insurance to be provided by contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. 2. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney, 3. Certificates and policies shall state that the policies shall not be canceled 25A -5 or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4. If contractor 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 contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified patties ") 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor 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 attorney's fees in any action on or to enforce the terms of this contract. 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 the contractor. 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, sent by facsimile communication, or via e -mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 25A -6 Fax 714- 647 -6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 Attn: Chief of Police And City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Contractor: Phoenix Group Information Systems, Inc. 2677 North Main Street, Suite 400 Santa Ana, California 92705 Fax (714) 384 -0151 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 fax, 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 fax machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, county. Ro city holidays shall be excluded, 8. TERMINATION The City reserves the right to terminate the contract as follows: A. In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely mariner, City may assess liquidated damages and /or terminate the agreement forthwith by giving written notice as set forth in this agreement to contractor's 25A -7 project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. B. This agreement may be terminated with cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. D. The City shall have the right to terminate this Agreement without cause upon sixty (60) days written notice to the contractor. 9. DELIVERY OF HAND HELD CITATION DEVICES City has purchased pursuant to this Agreement twenty (20) hand held e- citation devices and printers. Contractor promises to deliver the hand held e- citation devices and printers complete with software installation and ready to be used by officers in the field no later than April 2, 2014, unless both City and Contractor agree in writing on another date for delivery. 10. CONFIDENTIALITY AND FILE SECURITY Reasonable security provisions will be provided by Consultant to ensure that access to the City computer records and files will be available to the City and any public access mutually agreed upon by Contractor and the 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 pursuant to the terms of this Agreement. If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and /or propriety, the receiving party agrees that it shall not use or disclosure such information except in the performance of this Agreement and 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. 25A -8 Confidential information disclosure to either party by any subsidiary and /or agent of the party is covered by this information that (a) has been disclosed in publically available sources; (b) is, through, no fault of the receiving party disclosed in a publically available source; (c) is in the rightful possession of the receiving party without 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 party. 11. LIQUIDATED DAMAGES If the City determines that the contractor failed to cure its default as set forth in section G of this agreement, the parties to the agreement agree that it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the surn of $500 a day for such breach, in addition to any cost, fines, etc, levied against the City. 12. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND PROFESSIONAL LICENSES Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Contractor 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 as required by the law and regulations of the United States, State of California, County of Orange, and City of Santa Ana, and any other government agencies. Contractor shall notify City immediately and in writing of its inability to obtain and maintain such permits; licenses, waivers and exemptions. Such inability shall be cause for termination of the Agreement. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 25A -9 15. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be, determined and governed by the laws of the State of California. Both parties further agree that 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 contract. 16. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. 17. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herein below 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: Laura A. Rossini k Senior Assistant City Attorney 25A -10 RECOMMENDED FOR APPROVAL: CONTRACTOR Carlos Rojas Acting Police Chief Santa Ana Police Department Robert T. President Tax ID# 25A -11 Murphy Exhibit "A" 25A -12 a INFORMATION SYSTEMS GROUP Presents to the Ctty of A GOLDCN CITY �OVN.0 IB69 a Proposal Response to Request RFP 13 -051 Automated Parking Citation and Processing Services [date Submitted: Wednesday October 23, 2093 25A -13 � 4 P NIX M 11 ,11.111�1 1�3,pms CiRoup TABLE OF CONTENTS 25A-14 PI �' NIX �N lPRAIg41tlN 11511MS GROUP October 23, 2019 Santa Ana City Hall Attm Eva Goods Purchasing 14 1h Floor 20 Civic Center Plaza Santa Ana, Ca. 92701 y Y A V t Yp. ^iY,i P'P'P.P 2677 North Main Street Suite 400 Santa Ana, CA 92701 Telephone: (714) 460.7200 Pax: (714) 384.0151 Re: RFP NO. 13.051 Automated Parking Citation and Processing Services Dear Ms. Goods, Commander Ibarra, Corporal Wharton, and members of the Selection Committee, Phoenix Group Information Systems (Phoenix Group) presents our proposal for Automated Parking Citation and Processing Services to the City of Santa Ana. City staff Is currently using our proprietary Parking Citation Program, WINCITE. They can attest that our program is a proven, fully comprehensive, state of the art web application that allows full access to all citation data, communications with citizens, payments, and reports, as well interfaces with Di FTS and collections via secure web browser. Why should the City continue working with Phoenix Group? ➢ Phoenix Group has a quantifiable collection /disposition rate of over 94% for City citations Phoenix Group has met and exceeded all City requirements r Phoenix Group Customer Service Representatives are experts in dealing with City citizens Phoenix Group has been a California business partner for over 24 years — longer than any other service provider Phoenix Group currently provides services to over 200 California agencies — more than any other service provider In addition, Phoenix Group offers the following solutions that will increase City revenue and decrease the workload for City staff: A delinquent collection program A check processing service that enables Phoenix to scan all checks received and send to the City a daily electronic file A cash payment option that allows citizens to pay at any of five locations throughout Santa Ana Scanning and indexing of citations Noticing and collection of: booking fees, DUI fees, false alarm fees and administrative citations A Permit processing 25A -15 PIS NIX iNF4XMPIVN 1Y$Yp.M9 GRgIJp I; ! % f As president and officer of the Phoenix Group Information Systems, I have full authority to negotiate a new contract with the City of Santa Ana. All Information, fees and services In our proposal are valid for a period not less than 120 days, We look forward to meeting with Selection Committee, reviewing our current success and presenting our new services. Dawn Carrier will serve as the primary contact for the selection process and this procurement selection, She can be reached at (714) 460 -7200, Thank you for your consideration. We look forward to continuing our partnership with the City of Santa Ana. Most Sincerely, Robert T. Murphy Dawn Carrier President Vice President of Client Services a 25A -16 PI EENIX NFW -,ru,n 1a101, GROUP SECTION A— STATEMENT OF QUALIFICATIONS Phoenix Group has the time tested proven systems, expertise and qualifications necessary to exceed the City of Santa Ana requirements as outlined In the RFP, Phoenix Group's corporate philosophy of forming a "partnership" with our clients and our demonstrated commitment to continue providing unmatched service to agencies and their citizens is second to none. Phoenix Group is fully capable of completing the work for the City in a timely and competent manner. While the following chapters will go into greater detail regarding the features of our WINCITE system, the Phoenix Group client references, and corporate organization, highlights of our proposal include: A corporate philosophy that promotes a "Client as Partner" approach with a commitment to communication, service and attention to detail r A proven, mature, comprehensive processing system that is user friendly and fulfills all of the City's specifications References who will attest to our "get the Job done on time and as economically as possible" spirit Y Daily import of citation data (including manual entry) and payments r Strict adherence to all timeilnes required by the City Y Notices and collection letters that are customized as per the City's specifications Documented implementation, training and support plans r Access to In state and out of state DMA/ information "r FTB noticing, social security number acquisition, and submission of account Information to the FTB ➢ Phoenix Group Information Systems offers the latest In handhold enforcement device technology. Delinquent payment collection services > A highly experienced, professional team that is dedicated to all aspects of client service r Well trained, conscientious customer service representatives who truly understand that they represent the City in all their communications with citizens 25A -17 PHZ'; NIX "I"., aMw h ry eo vmna o"I"., GROUP "1JIdV." FIRM AND PERSONNEL EXPERIENCE For over 30 years, Phoenix Group has been partnering California agencies to create and manage best. practice processing and collections solution. The team below has been providing all services to the City of Santa Ana on a dally basis, Our senior management team has extensive Industry experience and our customer service representatives are all fully trained and experienced in assisting the residents of Santa Ana. There will be no 'learning curve" — a benefit to the City, Our organization chart highlights the number of years' experience working in the citation processing industry and /or with Phoenix Group. 6 25A -18 inaa nma non 111'ua4 GROUP ROBERT T. MURPHY, PRESIDENT Bob has served as President of Phoenix Group since Its founding. He has been instrumental in providing vision, leadership and Innovation and has led Phoenix Group in continued, substantial growth. In his position as President, Bob's focus is to ensure ongoing contractual compliance, and oversee operational and financial controls for Phoenix Group's clients. DAVE ROTENBERG, CHIEF OPERATIONS OFFICER Dave has been responsible for ail technology systems for the City of Santa Ana's processing program and will continue to do so. He has successfully Implemented over 150 projects over his 13 years with Phoenix Group and has been Instrumental in enhancing systems and technology Including our new Android enforcement device solution. Dave will also work directly with the City In Insuring a smooth implementation of new initiatives. MARSHALL CLEMENT, DIRECTOR OF INFORMATION TECHNOLOGY Marshall has vast experience in computing infrastructure. Marshall and his teams handle all database operations Including daily, weekly, and monthly file transfers to and from the City, Di collections and the FTB. DAWN CARRIER, VICE PRESIDENT OF CLIENT SERVICES While Dawn is new to Phoenix Group, she has a long history as Vice President of Client Services with Law Enforcement Systems, a division of Duncan Solutions. She was Instrumental in implementing violation processing and collection programs and acting as primary liaison for over 30 California entities including the Cities of Newport Beach, Norwalk, Burbank, Berkeley, as well as The Orange County Toil Authority. She is responsible for the creation and operation of Phoenix Group's new, in house collection company; Violation Collection Associates. ROSE DOMINGUEZ, DIRECTOR OF OPERATIONS Rose is a highly trained, veteran processing expert. She Is responsible for providing "best in class" services for both the City of Santa Ana and the City's citizens. Rose trains and supervises teams of customer service representatives and payment processors, She has been the primary day to day contact with the City and will continue to be so. Elfsa Leanos, Sr. Administrative Analyst Elise has been responsible for providing all reports for the City including end of month reconciliation and Invoice, DMV, and FTB reconciliations. She assists both the City Police Department and City Finance Department on a regular basis. Denise Ortega, Marketing Assistant Denise assists with program implementation, ongoing client support and monitoring contract compliance. She too is an expert In the WINCITE system. City Police Department officers contact her on a regular basis with questions regarding plate Information, reviews, and report generation. Customer Service Representatives Phoenix Group has a proven, experienced, well trained team of Customer Service Representatives. The Phoenix philosophy is to treat all callers as "customers ". Call notes are entered for the citation history. Each member of the team is bilingual, 25A -19 ill Plrev -NIX ,�rF - INIQRM�11.11111'cMS GRPUP .`&!i "�_�,_ �, :err..{' WORK APPROACH PROCESSING SYSTEM. WINCITE Phoenix Group's processes, procedures and systems have proven to meet or exceed with the City's scope of service requirements, Our proprietary Parking Citation Processing Program, WINCITE, Is a fully comprehensive, state of the art web application that provides a fully Integrated hardware and software solution. Our user friendly system allows full access to all citation data, communications with citizens, payments, and reports, as well as DMV, FTB and collections Interface via secure web browser 24/7, Remote access is provided to the City at no additional cost and is accessed as often as necessary. Individual user authentication with various degrees of security is In place and can be changed as necessary. Phoenix Group provides over 200 California agencies with the services and features that the City expects. Phoenix Group will meet with the City to review any new or additional system enhancements or services. WINCITE and our internal processes and procedures are fully functional, well documented and automated, Our system and approach includes but Is not limited to the following features: • Electronic facsimile of the original citation either by an electronically recreation of all citations or via an image of the citation taken at the time the ticket is Issued If using Phoenix Group hand -held enforcement equipment and software, • All citation information with the ability to search by citation number, license plate, VIN or registered owner or DP placard number If captured • Registered owner Information, including the VIN number and any additional names if previously owned and cited, and also include a driver's name and address if applicable • Current status of the citation, DMV Inquiry, hold, and release information • Delinquent notice information, due date, mailing date, and importantly, both the make on the citation and the make provided by DMV • Administrative review, hearing court appeals and disposition information • Payment Information, Including all dates, amounts and payment codes • Daily interface to CA DMV for registered owner information, holds and updates, and to out of state DMVS for registered owner information • Automatic daily mailing of all notices that Includes address update Information * Daily Interface to City Collection agency for placements and updates — if required or, to Phoenix Group Collection Partner • Yearly FTB noticing, social security number acquisition, and submission of account Information to the FTB Payment and Deposit Processing • Payments by telephone to Phoenix Group Monday — Friday 8:00 am — 5:00 pm, by Internet at customized City site 24/7 or at the City • Citation information and payment updates all in real time 25A -20 Pi ca NIX INY9 RIIr�11Y1N 4Y51'P.NS GROUP e�,y Le". i N • Mail retrieved daily from Phoenix Group local post office box • Payments entered Into WINCITE, verified for accuracy and processed within 24 hours • Deposit ticket copies are automatically emailed to the City by 6 pm dally • All source of payment Information and NSFs are tracked for easy reconciliation • WINCITE allows the City to change a payment due date and automatically updates all further processing as per the new due date • WINCITE tracks all voided, cleared, dismissed and citations sent to administrative revlow /hearing with separate disposition codes • WINCITE accounts for all surcharges as required by GC Codes, PC, and CVC 40226. This information is reported in detail on Phoenix Group monthly revenue distribution report (PC740), • Monthly reconciliation of all payments deposited at Phoenix Group with monthly deposit reports sent to City Partial Payments: accepted as per City policy. Phoenix group sends letter of balance due to citizen, Web Security; Phoenix Group is a certified credit card processor, meeting the requirements on our site to comply and meeting the Cardholder Information Security Program (LISP) Compliance, NE9/li PAYMENT OPTION N Phoenix group will be offering citizens the ability to pay citations via cash 24/7 at any one of ourrantly five locatlons throughout the City of Santa Aria. Once the payment is made, citizens are given immediate confirmation that their payment has been received and Phoenix Group is notified of the transaction in real - time. This will benefit those citizens who do not have a credit card, reduce walk In traffic at the City and may increase revenue. Phoenix group will be responsible for all implementation - No City involvement is necessary. Credit Card Charge Back • Payment is reversed and citation reopened • Annotated details regarding payment information and related correspondence entered Into WINCITE • Letter of dispute regarding the charge mailed to credit card company Unpaid citation letter mailed to citizen • All paperwork is retained by Phoenix group for later retrieval if necessary 25A -21 PA12ENIX mrll,MA,V }N 11516"5 GROUP 1 y4 V i Bank Returned Checks (NSF) • Payment is reversed in system • NSF fee automatically added without user intervention • Letter sent to citizen Refunds • CSRs record phone notes regarding refund request and enters refund code In WINCITE • Phoenix Group verifies that a refund is applicable and sands City and automatically sends a refund request via email or report every Monday • Weekly report emailed to the City to initiate refunds • Monthly report provides the City with all refund Information Contested Citations and Customer Service • Trained, experienced, bi lingual, Customer Service Representatives available Monday — Friday (excluding holidays) 8:00 am -- 5:00 pm • Average call wait time is less than 15 seconds • Over 20,000 calls per month and virtually unlimited capacity Tali free telephone number directs callers to Phoenix IVR 24/7 assistance • Custom City specific prompts and messages are in both English and Spanish • Real -time response and information regarding citation status, amount due, payment information, final date to contest etc. Phoenix Group will track all notes, conversation and CSR information • City has the ability to enter a phone note Reviews and Hearings • Review process as per City guidelines can he modified if necessary Mail -in requests are verified within 24 hours. Reviews are date stamped and forwarded to City. Hearings are date stamped. suspended and scheduled accordingly, WINCITE maintains a "Pending Review" status for outstanding reviews and hearings • All information is fully integrated into WINCITE including: • Process level, disposition, reason codes for disposition, dates of set -up and determination, time, reactivation date, ID number • Previous administrative activity and complete history of citation or plate is maintained • Comments • Disposition codes trigger a custom disposition letter mailed within 24 hours The WINCITE system allows the citizen to contest the citation online using our paymycite.com website. Phoenix Group has customized the header page for the City. 10 25A -22 Plea "ItN1X uFOau11111u 111"", GROUP gGryr F 4 yf Phoenix Group's Online Contesting meets the City requirements. System features include; • 'Contest the Citation' displays when viewing the citation but will not display If the timaline for contesting has expired • The system indicates if a citation has been dismissed, date of dismissal or if citation has already been contested • Citizens receive an email confirmation and can view their contest form for up to 90 days after the decision has been completed An automatic daily notification of pending review Is sent to the City The number of pending reviews Is available to the City using WINCITE.net. • Photos may be included by the public (up to three photos) as part of the contest form and are available for viewing on line by the City • The City also has the ability to attach any PDF or image document to the citation, such as a meter report, or copy of a placard. System Backup and (Disaster) Recovery Primary Host System,'Backup and Data Protection — Phoenix Group. Currently Phoenix Group's data is running on a Raid 5, which protects the data from hard drive failure. We recently completed an upgrade of our hardware that includes the addition of a complete redundancy server that will prevent possible failures from Interrupting service, • Citation data is copied In 30- minute increments to protect from data corruption and allow for a quick restore • Daily backups are performed seven days a week + One end of week backup is stored off site • One month of data is maintained on site • Ongoing monthly preventative maintenance monitors hardware, system reliability and can restore test data from external media to ensure the integrity of backups. • Should a system failure occur, clients would be notified Immediately via e mail II 25A -23 IMPLEMENTATION PLAN As Phoenix Group is currently providing a successful processing and collection plan that meets or exceeds all the requirements of the RFP, no transition (vendor to vendor) plan is necessary for the processing program. All services will continue without interruption and without any potential loss of revenue. Phoenix Group proposes the following plan to further maximize revenue for the City; Current Processing Program 1. Negotiate and execute contract documents 2. Re - Introduce experienced, task - oriented, client focused managers to the City — within one week of award 3. Review and consult on City business rules, processes and procedures, and report requirements — within one week of award 4. Introduce Phoenix Group New Services and establish policy and procedures - within one week of aware 5. Confirm City approval of all notices, letters and customer service scripts — within one week of award 6. Confirm work flow — within one week of award 7. Confirm and update City Users and security requirements — within one week of award 8. Update operations manual as necessary — within two weeks of award 9. Conduct on -site training as needed — within one week of award and ongoing Additional New Services 10, implement Check 21 process between Phoenix Group and City -- Six week implementation 11. Implement, test and go live with Phoenix Group Collection services as required —two week Implementation 12. Implement, test and go live with Phoenix Group Permit Processing program as required — two week implementation 13. Implement "Pay Near Me" payment option for City citizens — currently implementing ONGOING SERVICE 14. Comprehensively test and refine systems and processes, training as needed, on site meetings as required, customized report generation, now service implementation 12 25A -24 NIX GROUP SECTION B-- EXHIBIT C - PROPOSERS STATEMENT/PRICING 14 25A-25 P " UNIX irixnemnrrory sys remv CROUP (D SECTION I — ENHANCEMENTS NEW Phoenix Group currently interfaces and recommends the following handheld ticketwriting devices. All Include camera and printer with software to upload citations to WINCITE, All options feature automated wireless syncing, color cameras, advanced power management and the latest touchscreen technology. ##1 Android /Apex3 Ticket Writers • Android Operating System • User - Friendly and familiar to any user of Android smartphone or tablet • GG LTE connectivity — full time on -air connection • Fast automated real -time citation, photo and data syncing • Various rugged case options available • Wireless and Cellular Connectivity • GPS Capability Color camera Android Solution: M2M (Machine to Machine) data plan ready Casio Ticket Writers • Microsoft@ Windows Mobile Operating System • Integrated printer • Color camera 00 • Increased memory and performance Up to 20B+ of additional memory may be added Motorola /Apex3 Ticket Writers 3" • Microsoft® Windows Mobile Operating System • Data Plan capable • Rugged mobile computer and phone all in one • Parking Citation Production • Wireless Connectivity - WI- FI/CDMA -EVDO Rev A /GSM • GPS Capability • Advanced ergonomic design 23 25A -26 PZNX IAI�tl R.N fi'IJM 11111M1 cRPUP Datamax- O'Neil Apex 3 Printers: • 3" direct thermal printer (no Ink) • Lightweight and small • Fast, Lightweight and Cost - effective Easy to Use - Simplified LED lights Indicators • Endurance - High Capacity Li -ton battery can last a full day • Charging Options - AC adaptor and vehicle charger options *Alternative printer options available upon request #2 SCANNING OF ORIGINAL CITATIONS Phoenix Group Information Systems has the ability to scan all original hardcopy citations to a digital format for easy retrieval. In addition, we are in the process of upgrading this feature by allowing automatic attachment to the citations record in the Wincite web interface. This enhancement will allow the user to retrieve a copy of the scanned citation when they Inquiry a citation. This feature already exists for handheld citations. The upgrade is expected to be completed in 60 days. #3 CHECK 21 NEW PA YMENT PROCESSING SOLUTION; Check 29 Phoenix Group is Implementing a new service for the City of Santa Ana that will significantly reduce the workload of city staff. Phoenix Group will be responsible for total process integration This enhanced service will be available within a month of the bid being awarded Phoenix Group is has partnered with Bank -Up to provide check 21 processing for the City of Santa Ana, Bank Up Corporation is a growing provider of technology solutions and services to financial institutions and government agencies. Founded in 1989, Bank Up works with more than 70 customers across the country. Headquartered in Alameda, California, the company also has offices in El Monte, CA, In 2010, the City of Sacramento contracted with Bank Up to provide parking citation processing services. This "Best of Breed: solution will be fully managed by Phoenix Group and will include: • Scan lines on all letters sent by Phoenix Group • Remittance processing done at Phoenix Group • Full reconciliation of checks and remittances • Scanning, capture, online archive and retrieval of all check images(front and back) in WINCITE • Creation of Check 21 files for electronic bank deposits and upload files into WINCITE • An electronic update to the City's accounts receivable system, If desired #4 EASY PAY. PAY ANYWHERE Phoenix group will be offering citizens the ability to pay citations via cash 24/7 at any one of the locations throughout Santa Ana. Once the payment Is made, citizens are given Immediate confirmation that their payment has been received and Phoenix Group is notified of the transaction in real -time. This will benefit those citizens who do not have a credit card, reduce walk In traffic at the County and may increase revenue. 24 25A -27 P4�,4.f 0-il_ N I x ixaux,nnnnM 1+91pMp GROUP 4, u n. t' #5 RECORDING OF ALL CALLS Our state -of- the -art voice over IP phone systems has the ability for any call to be recorded on demand, saved and attached to a citation record at anytime. In addition, this system is going to be upgraded allow for every call to be automatically recorded and stored for easy retrieval without user intervention. We expect this upgrade to be complete within 90 days.. #6 STOLEN PLATE DATABASE The Wincite Mobile handheld enforcement system has the ability to alert the user when a stolen plate is located in the field. In addition, this feature will be undergoing an upgrade to Improve the user interface for management the stolen plate database, We are also expanding this access to 3 "d party access to such programs Police Records Management systems (RMS), cashiering programs (INovah) and any other programs that the City may desire, #7 COLLECTIONS Phoenix Group welcomes the opportunity to analyze the City's current collection process and backlog of unpaid citations. We will then provide an estimate of additional revenue that the City could expect to recover using Phoenix Group's Delinquent Collection Program. Phoenix Group Is bringing collection services in -house under a DBA, Violation Collection Associates. Dawn Carrier, formerly of Law Enforcement Systems, managed the collection process for all ICMS /Duncan Solution California clients and will be running VCA, This program is being engineered using leading collections application and Infrastructure components that will exceed client requirements, Currently, Phoenix Group partners with Collection Bureau of America, Ltd. (CBA) to perform delinquent collections services. CBA has been servicing municipalities within the state of California for over 50 years. They are a Minority Owned Business (MBE), a State of California certified small business, certified through the California Public Utilities Commission (OPUC) and are licensed /authorized to collect in all 50 states. Their current collection recovery rate for municipal clients is over twenty percent, Phoenix Group is confident that our delinquent collection program will return more revenue to the City than the City's current vendor, Our collection approach Is specific to municipal debt and features; • Total compliance with all ACA, FDCPA, State laws and regulations • Daily file transfers of new placements and payments Average time from placement to first collection action less than 24 hours • Advanced, "waterfall" skip tracing Outbound calling with predictive dialer • 24/7 payment systems with multiple payment options and payment plans Bi- lingual notices if necessary • Dispute resolution • City access 24/7 to real time account data with the ability to update, modify, place or recall accounts + Optional credit bureau reporting and /or civil judgment filing and enforcement • Full comprehensive access to auditing reports Phoenix Group will still continue the communication with your current collection agency but wanted to inform you of your options. 25 25A -28 EXHIBIT C - REVISED CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR AUTOMATED PARKING CITATION AND PROCESSING SERVICES PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING Certf )cation -I certify that I have read, understand and agree to tha terms and conditions of this Request for Proposals, I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am fami car with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be all Inclusive and based on the scope of services described in Exhibit A. City reserves the right to include or exclude services noted as "aptlonal" in final agreement. Quantities below are estimates only. Actual annual quantities may vary. 25A -29 i I ~ ^Cost :' Untt,"-= Est.'QuaslYRy` ititta ,r rsShcl +; ^ri 1 Parking Citation Processing. Handwritten $ 0.40 Each 75,000 $ 30,000.00 2 Postage, Printing, god Handling- First Notice $ 0.70 Each 50,000 $ 35,000.00 3 Postage, Printing, and Handling — Second Notice $ 0,70 Each 2,500 $ 11750.00 4 Partial Pa mentNative - $ 0,70 Each 1600 $ 1,120.00 5 Refunds $ 3,60 Each 375 $ 11312.50 6 Lattars -AII Types $ 1125 Each 15,tl00 $ 18,75000 7 Payment Processing included Each 75000 Included 8 All credit card serviceehargasand fees borne by vendor Included Each Varies Included 9 Socialsecuritylearch Included Each Varies Included 10 Phone Support and Web Access Included System 1 Included 11 clearing Fees -• - - -• NO CHARGE Per Hearing 248 NO CHARGE 12 Reports Included Each Varies Included 13 14 out of State Processing. List all other fees /Convenience charges below, If any: 35 % $53,300 $1$830 Citation Scanning $ 0.01 Each 75,000 $ 750.00 Hearing Officer Hours $55.00 per hour with 4 hour minimum Online Contesting Reviews R, Hearings NO CHARGE Stolen Plate Management Module NO CHARGE Cail Recordin NO CHARGE Pa NearMe NO CHARGE Total $ 107512.50 25A -29 i I O t7gnai $arvlae�, -„ l I Parking Citation Processing- $ 0.30 Each 75,0Q01 $ 22,5Qq 00 Automated (Optional) 2 Handheld Citation Issuance, $ 1,224,00 Each 20. $ 24,480,00 Machines (All Inclusive system Including software, training, maintenance, etc.) (Optional) 3 HandheldCltatlonSystem— Annual $ 8,80050 Each 1 $ 8,800.go Maintenance (Optional) Years 2+ 4 Percentage of FT8 Collections Kept 15 % $149,0017 $ 22,350.00 (Optional) 5 special Collections Fee • Collection 27 y, Agency 8Y. Discount for Collections assigned within 90 days 6 Permit Processing Fee $0.95 Per Permit 7 Permit Management Module NO CHARGE 8. Additional Programming forperrnit $125,00 Per Hour Program 9 Remit Style Citation Envelopes $ 0:05 Each 75p00 $ 3,75p,gq 3150" X 8.25' Phoenix Group Information Systems P: (714) 460.7200 F: (714) 384 -0151 Legal Name of Company Phone and Fax Numbers 2677 N. Main St, Suite 40C Santa Ana CA 82705 Business Address ---- (If 25A -30 PI NIX GROUP SECTION C- EXHIBIT D - REFERENCES 15 25A-31 'stir nun' CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR AU List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications, Attach additional pages if reg iced. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Aeaiv,rn Contact Individual; iur�, -C ova a g Address: y �� Phone Number: _ _( AA) . 12,_ Arw\SAim i CA -82.5p Facsimile Number:_ 42N), 7y - ysyz Contract Amount: ,3g 7Cp rra Year: zOlN Description of supplies, equipment, or services provided: 4ce0WX) C-\mmon Mana�QmgrFl ttardhakjs, 4e ffi 5 Reference Customer Name: .- \L%p nacYL -C:a� e. Contact Individual: Aoa ,ye fav� Address: Phone Number: — L%Y �—w Facsimile Number: . �2,4g) Contract Amount:. It, - 0aa ---0X, Year: Description of supplies, equipment, or services provided: C'acK�nu� Gt�;nn J�urnu��rna.n'r1 �andhe \cia Reference Customer Name: n p" CCMa. Contact Individual: Address: _736_y Phone Number: —aLm 1 CF+ 9 � _ Facsimile Number: ContractAmount: 35�rza� C]n Year: 7017. Description of supplies, equipment, or services provided: PacW;+rua Cika�nn Ma c+�r wrr4 " Hardheads pa4mik•5 25A -32 A� A P - NIX CROUP ADDITIONAL REFERENCES —Agen-oy­ Contact �Infor�i Address 4 Services Contract Name Information City of Westminster , Jeremy. )MY Fletcher her c Email: J—FigLchergWoatminste 8200 Westminster Parking and Client Since 2009 (Traffic Bureau Blvd. adrnlnlstrativb citations 1 4 Contract Value: CA.go Investigator) Westminster, be. management, DUI, I $ 30,489.76 ��'y ' Phone; 71.4-548-3833 92683 a nd, Cost Recovery off Marie Sy Email: M8762 soOd com 625 S Del Mar —Parking citations Client Since 2009 Ave management Phone: 626-308-2848 San Gabriel, Ca, Contract Value: 91778 $ 34,128.13 City of Del Mar Eric Sandy (Parking —Email:— esandY@dalmar.caws 1700 Coast Blvd Dot Mar, ca. Parking citations Client —Since 1992 Sergeant) 92014 management Contract Value: Phone: 858-755-1556 $ 49,718.79 city of an PoTfe---'- E Zali. jean--P00I80XNARDPD 21FS t h —� r�in dlt—ns­ — —Clle—Tgcj 9�9Oxnard Street Management ORG Oxnard, Ca, Contract Value: 93030 $ 59,614.99 City of Tad Dorribro,ski Email 131 W —Isabel Glendale (Parking Manager) TD6 I I lend t Parking Citations - a C , I I ant Since 2006 GI n C )a 11 Management ',e 81a -937-83 .... . 91206 , Contrast value Q32,464,99 16 25A-33 iaroxn�nnev sa rsas GROUP u w. .. YI. I:Y.O N'�•. Agency Contact Contact Information Address Services TContract Name Information j City of Joslyn Blakely Email: 15909 E. Main Parking citation Client Since I La Puente Jblakely0lanuenta ora Street management Aug. 2013 -.- : - la Puente, Ca. - - - Phone; 626 - 855 -1510 91744 Contract Value;' . $1000.00 City of Jeff Hartung Email: 245 E. Bonita Parking citation Client Since San Dimas ihartune ct7ci san- Ave. management and 2009 s.ca.us San Dimas,: Ca. permits 91773 Contract Value: Phone: 909 -394 -6203 _..__ $11,259,00 Gounty oP Sgt. Email; - 2220 Tulare St. Parking citation Client Since Fresno Calzacorta acalzacortalrbco fresno ca Plaza Level management 1998 us Fresno, Ca, 93721 Contract Value: Phone: 559-600-6785 $22,243,D2 City of l inda HuffEmall; - 11330 Bullis Parking citation Client Since Lynwood Ihuff(@.Iynwood,cQg,,g,@ Road management Feb.2013 Lynwood, Ca, Phone; 310.603.0220 90262 Contract Value; $38,700.00 Los An "R @a Melvin Emall 125 N Beaudry ' Umfled rmelvtnQMAtL laspd coin Ave Los 'Parking otation Cllent5ince' ' School Angoies, Ca management 1994 pistrict Phone. 213202 -4567 Contract value: f $23,933.35` "When the competition starts recommending you and the overwhelming consensus among the customer is that Phoenix Group does the bestjob, it is a closed case." Eric Sandy, Parking Sergeant — City ofDel Afar 17 25A -34 P NIX CROUP SECTION D - EXHIBIT E - PROPOSERS STATEMENT 18 25A-35 CITY OF SANTA ANA *1 • ` t a • PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the properly of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained In the specifications, the certification of nondiscrimination by contractors, end the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title _ ym::a psi Date _ iolzzl zoz 25A -36 Phi °cX IX nicnx�nntr >ni ,ravens GROUP h Y 2 Y SECTION E - EXHIBIT F- CERTIFICATION OF NONDISCRIMINATION 19 25A -37 E CITY OF SANTA ANA REQUEST F07 PIP ILL 11 KI CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; 1 The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2 The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that ell qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3 The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4 The contractor shall comply with all provisions of Executive Girder 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5 The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations; or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 1,1246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7 The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders cf the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved In, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. a Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stata. 1039, and as emended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as 25A -38 Firm Sign provided in Section 1420, and any contractor violating this section Is subject to all the penalties Imposed for a violation of the chapter. Date to �azj b» 25A -39 Pf , NIX +Npnen +n-iaa, s +s rcus GROUP .p k� SECTION F - EXHIBIT G - RESPONSIBLE PROPOSER/QUESTIONNAIRE 20 25A -40 EXHIBIT CITY #' SANTA ANA {, How many years has your organization been in business in California as a contractor under your present business name and license number? 2year If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 2,100. 000 3. Is your firm currently the debtor in a bankruptcy case?[] Yes No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers my to a bankruptcy action that was not described In answer to Question 2, above., Yes No If "yes," Indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Piled 5. Has any California State License Board license held by your firm or its responsibie�r sanaging employee or responsible managing officer been suspended within the last five years?j] Yes L� No S. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? 0 Yes M No 7, Has your firm ever defaulted on a contraot ?C1 Yes M No If "yes," explain on a separate page. 8, in the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise revented from bidding on, or completing, any government agency project for any reason ?d Yes No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? El Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution,) City of Santa Ana — Automated Parking Citation and Processing Services 25A -41 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? 0 Yes 9 No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, If resolved, a brief description of the resolution.) 11: At anytime during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf In connection with a project, either public or private?[] Yes Ll No 12, In the last five years, has any in�su rice carrier, for any form of insurance, refused to renew the insurance policy for your firm ?❑ Yes i� No 13, Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty Ina criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes I{I No 14. Has your firm or any of its owners, officers or partners ever been convicted of federal or state crime of fraud, theft, or any other act of dishonesty? ❑YesEONo If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, If you wish to do so. n4 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of tim when your firm had no surety bond in place during a project when one was required ?❑ Yes 17 No 4 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any °sews;' "willful" or "repeat" violations of Its safety or health regulations in the past five years?[] Yes M No (Note: It you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not Include Information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 1 i3. Has the Federal Occupational Safety and Health Administration cited and assessed penalties again the El or its associates in the past five years? Yes No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. �t 1 City of Santa Ana— Automated Parking Citation and Processing Services 25A -42 19. During the last five years, has there been more than one occasion in which the General contractor or Its associates have been penalized or required to paack wages for failure to comply with the federal Davis -Bacon prevailing wage requirements f© Yes V No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. City of Santa Ana - Automated Parking Citation and Processing Services f\.,...., nA 25A -43 PH"4f NIX INFOgMPilt'IN 5�`i �'q N$ CROUP yypp��//,, A� �^ 5 I SECTION G - EXHIBIT H - NONCOLLUSION AFFIDAVIT 2l 25A -44 EXHIBIT H CITY OF NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive, or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put In a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained In the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal, Note: The above nanoollusion affidavit is part of the proposal. Sigriing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit, Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. t"t , State of California, County Subscrib d and sworn to (r affirmed} before ma on this �'� day of ._, 202,x,, by _K proved tome on the basis of satisfactory evidence to be the porson(gj�who appeared before me. Wiry-M10,91gn' qtr DOMINIC X.MESTAS COMMiaslon # 2441315 Notary p0 fir. ralirorala nrangC County CoM011x esSe 14,2017 Notary Public Seal y ! Page 31 25A -45 State of California County of "Q" r� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('rltla or dasulpnon of attec ed document) 4 - -,Euz (Title ordeseupdon ofatlnehed document continued) Number of Pages Document Date (Additional infartnatioto CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Tldtl) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trusteo(5) ❑ OPher 20ORYonion CAPAv12.10.o7g00•s7] -9965 ww .WWryUAssss,uom INSTRUCTIONS FOR COMPLETWO THIS FORM Airy acknowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgmara£ aria mint be properly completed and attached to that document. The only axsapdan is if a doomrent fs to be recorded outride ofCalobtrila in such tnstancee, ray atternativo nekrwwtadgmenf verbiage as may be printed an such a document no long as the verbiage does not rc9uMe flux twtary to do something flat is illegal fora notary in California rl,e, aart6mg the ardhorraed capaaify of the signer). Please cheek the doo-mnant earefirl(yfor proper wtmtal wording and attaehthisform sfragubsd, • State and County Information most ba the State end county wham the document signers) personally appeared before the notary public for aoknoWledgment, • pate of notarization must (o am data that the signers) personally appeared which must also In the same date the acknowledgment iscampleted, • The notary public must print big or her name As it appears within, his or hot commission followed by a comma And then your tide (notary public), • Print the camels) of document signers) who personally appear at the time or notarization. • Indicate the contact shrgulat or plural forms by crossing off incorrect forms (Le. he/shetgtey, is lose) or olroimi; the correct forms, Failure to correctly indicate Chia information may lead to rejection of document recording, • The notary seal impression most be clear and photographically ropmdueibie. Impression most act cover text or lines, If seal impression smudges, taWoal if a sufficient area permits, otherwise completo a different Acknowledgment force • Signatwo of the notary public must match the signature on file with the office of the county clerk, v Additional information is not required but could help to ensure (his acknowledgment is not misused or attached to different document. •T Indiaam Cite or type of attached docwnent, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofnuar, hylicam the villa (i.e. CEO, CFO, Swmtaty). • Securely attach this document to the signal docamemt 25A -46 N I >< uro au nrvou are rrsMS GROUP FINANCIAL RESPONSIBILITY (CAPACITY) Provided in a separate envelope. 13 25A -47 A' :W g u k h c��'r p rci1 25A -48