PROFESSIONAL CONSULTANT SERVICES AGREEMENT
DATA TICKET, INC.
Administrative Citation Processing Services (RFP No. 2550) THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is and between the CITY OF RIVERSIDE, a California chatter city and municipiy Dapo, by ("City"), and DATA TICKET, INC., a California corporation ("Consultant").
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A," "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with Administrative Citation Processing Services (RFP No. 2550) ("Project"'). 2 Term. This Agreement shall be effective on the date first written above and shall remain in effect for three (3) years from the Effective Date, unless otherwise terminated pursuant to the provisions herein.
3 Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed One Million Two Hundred Forty-Eight Thousand Seven Hundred Thirty-Nine Thousand Dollars and Fifty Cents ($1,248,739.50), payable in accordance with the terms set forth in Exhibit "B." Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the Services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To Consultant
Public Works Department Data Ticket, Inc.
City of Riverside Attn: Brook Westcott
Attn: Jacqueline Rodriguez 2603 Main Street, Suite 300
3900 Main Street Irvine, CA 92614
Riverside, CA 92522
Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination • is available on-line at 1 www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "C," attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City's sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors, and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant or to Consultant's employees, subcontractors, and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 2 11. Indemnification.
11.1 Design Professional Defined. For purposes of this Agreement, "Design Professional" includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents, and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, or anyone employed by or working under the Consultant, or for Services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or Services and whether or not caused in part by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well- qualified, adequately insured, and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant's professional negligence based on the percentage of Consultant's liability. This obligation to defend as set forth herein is binding on the successors, assigns, and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, and hold harmless the City and the City's employees, officers, managers, agents, and council members ("Indemnified Parties") from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory, or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, 3 or relate to the negligence, recklessness, or willful misconduct of Consultant, or anyone employed by or working under the Consultant, or for Services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or Services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended"') from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant; or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from the City, and with well-qualified, adequately insured, and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns, and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect, and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory, or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations, or duties of the Consultant, or anyone employed by or working under the Consultant, or for Services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may have benefited from its work or Services. This indemnification provision shall apply to any acts, omissions, negligence, Whether actial or ply recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms, and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.
4 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees, and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense.
12.2 Workers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either: 1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage; or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The City, and its officers, employees, and agents, shall be named as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 5 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates, along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees, and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive any right of subrogation against the City and its subconsultants, employees, officers, and agents for Services performed under this Agreement.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No.
CG 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant's activities.
12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage, or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers' Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. 6 Upon City's request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section.
13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to employ ther Consultants in connection with the Project. If the City is required to employ anothe onsultant to complete Consultant's work, due to the failure of the Consultant to perform, or du to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television, or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings, and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City. Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title, and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment, preservation, and enforcement of its copyright in such work, such assistance to be provided at 7 City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction, or limitation on use or subsequent modifications.
20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "C," represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services.
Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit "C," have any real property, business interests, or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage, or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state, and local laws and ordinances and regulations which in any manner affect those employed by Consultant or in any way affect the performance of Services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing Consultant further represents and warrants that the Services provided herein shall conform to all ordinances, policies, and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's Services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's Services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the 8 termination date, City shall consider completed work, work in progress, and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days' prior written notice prior to termination.
25.2 City may terminate this Agreement upon fifteen (15) days' written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee, or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney's fees and costs.
29. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military, and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, of this Agreement is declared 9 invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right, and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Digital and Counterpart Signatures. Each party to this Agreement intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for purposes of validity, enforceability, and admissibility. For purposes of this section, a "digital signature" is defined in subdivision (d) of Section 16.5 of the Government Code and is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto.
34. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
34.1 Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers is to sections in the Agreement unless, expressly stated otherwise.
34.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
34.3 In the event of a conflict between the body of this Agreement and Exhibit "A" - Scope of Services hereto, the terms contained in Exhibit "A" shall be controlling. 10 Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Scope of Services
Exhibit "B" - Compensation
Exhibit "C" - Key Personnel
[SIGNATURES ON THE FOLLOWING PAGE.J
11 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California DATA TICKET, INC.,
charter city and municipal corporation a California corporation By: By: Book wet to 72000
City Manager Print Name: Brook Westcott
Title: Chief Operating Officer
(Signature of Board Chair, President, or Vice
President)
Attest:
City Clerk
and
Department Head Approval: By:
Print Name:
Title:
By: Let kay (Signature of Secretary, Assistant Secretary, -
Department Head CFO, Treasurer, or Assistant Treasurer) Certified as to Availability of Funds:
By: Julie Nemes
Chief Financial Officer
Approved as to Form:
Deputy City Attorney
314848 TAT 8/20/26
12 EXHIBIT "A"
SCOPE OF SERVICES
RFP No. 2550
EXHIBIT A - Scope of Services
1. General Information Processing
• The Contractor shall open, review, and process all correspondence in accordance with California Vehicle Code (CVC) requirements. • The Contractor shall record all actions taken on correspondence within its official database in a timely and accurate manner.
• The Contractor shall implement and maintain monitoring procedures to ensure all correspondence and payment activities are completed within required timelines.
• The Contractor shall resolve customer complaints and inquiries and escalate or forward issues to the City when requested or required. • The Contractor shall establish and maintain an exclusive City-designated Post Office Box for all administrative review correspondence. • The Contractor shall conduct routine quality control reviews to ensure correspondence is processed accurately and within required timeframes. • The Contractor shall provide bonded courier services for the pickup and delivery of batched citations, correspondence, and reports at least once per week, with additional pickups as requested by the City. • The Contractor shall serve as the primary provider responsible for all core functions under the Agreement and shall clearly identify any subcontractors and their roles in its Proposal.
• The Contractor shall ensure all processing functions are completed within 48 to 72 hours of receipt from the City.
• The Contractor shall comply fully with all applicable State of California Vehicle Code (CVC) requirements related to citation processing and adjudication.
• The Contractor shall ensure all employees are properly trained to perform assigned duties with minimal errors.
• The Contractor shall maintain all records and files for a minimum of two (2) years in accordance with the City's Records Retention Schedule. • The Contractor shall provide on-site training and ongoing support to City staff for access to the web portal, database, and physical records, including initial training within 30 days and quarterly refresher trainings thereafter.
RFP No. 2550
• The Contractor shall hire qualified auditors when requested under CVC Section 40200.3(b), subject to City approval of associated costs. • The Contractor shall attend City meetings as requested by the City. • The Contractor shall include all costs associated with providing Hearing Officer or Parking Citation Hearing Examiner Services in its Proposal. • The Contractor shall provide a comprehensive user manual detailing step by-step instructions for accessing databases, codes, and software systems.
2. Parking Citation Processing
• Upload electronic citations within 1 business day unless a real-time application is in place.
• Provide online confirmation of citation transfers upon completion. • Coordinate all policy and equipment changes with the City and handheld vendor.
• Enter handwritten citations into the online database within 2 business days. • File and store citations in accordance with the City's retention schedule once it is provided after agreement execution.
• Retrieve registered owner information for both in-state and out-of-state plates from the Department of Motor Vehicles (DMV).
• Track all citation-related transactions, including payments, ownership changes, refunds, etc.).
• Validate DMV vehicle make data and maintain an updated "No Hit" lists. • Maintain ongoing electronic communications with all state DMVs, Canada, and Mexico.
• Place and release DMV holds daily and provide a monthly summary report. • Identify duplicate citations and promptly notify the Department. • Maintain the Scofflaw database for accounts with five (5) or more delinquent citations.
• Maintain the parking exemption database linked to handheld units. • Maintain and support network processes for the GoEnforce application. • Update citation records and associated comments in real time. • Post all payments within 24 hours of receipt.
3. Correspondence Processing
• Process and respond to all correspondence within 2 business days, including providing translation services when required.
RFP No. 2550
• Mail all required notices to registered owners, including first notice, final notice, returned check, partial payment, DMV hold, administrative review/hearing, drive-away, delinquent, and special collection notices. • Sort, scan, and batch all incoming correspondence by postmark date upon receipt.
• Process citation corrections and notify the City of any citations that cannot be processed within 2 business days of identification.
• Forward all emails, phone calls, or mail correspondence from customers that fall outside the defined scope to the City for further action.
4. Financial Deposits & Reconciliation
• Sort and batch all incoming mail daily and retrieve mail from the post office at least once per day.
• Process all payments within 1 business day, including verification and database updates.
• Ensure real-time online payment processing availability, including credit card transactions.
• Provide a 24/7 toll-free Interactive Voice Response (IVR) payment system in English and Spanish.
• Perform daily reconciliation of all payments and bank deposits. • Provide filing and retrieval of source financial documents within 2 business days.
• Track returned checks, ownership changes, and re-entered citations within the online database.
• Maintain Payment Card Industry Data Security Standard (PCI DSS) compliant credit and debit card processing systems.
• Transport collected funds to the City's designated bank daily at no cost to the City.
• Provide complete refund documentation within 72 hours of request or determination.
• Establish and maintain a Refund Escrow Account to manage overpayments, adjudicated _refunds, and City-authorized credit adjustments.
• Implement and utilize the Franchise Tax Board Intercounty Intercept Program as the final step in the collection process, including issuance of consolidated debt notices, application of Social Security numbers to RFP No. 2550
delinquent accounts as required, and referral of unpaid debts to the Franchise Tax Board for collection enforcement.
Additional requirement:
The City's Treasury Department has established standards applicable to system-related requests, including financial processing, reporting, and controls, as set forth in Exhibit B. Proposers shall review these requirements and demonstrate how their proposed solution meets or supports the City's Treasury Standards for System Requests.
5. Customer Service
• Provide a dedicated toll-free line available 24/7, staffed by live representatives capable of accepting payments, answering inquiries, and providing assistance.
• Maintain trained and qualified professional personnel to support all customer service functions.
• Conduct monthly audits of call center operations, including recorded calls, and develop resolution plans for identified issues.
• Reroute incoming calls to the City during network outages or system disruptions.
• Maintain a 24/7 Interactive Voice Response (IVR) system in English and Spanish that provides real-time citation information, payment processing, and contesting instructions.
• Provide monthly performance reports, including call volume statistics, wait times, and service level metrics.
• Record all calls and document each interaction in the online system, including date, operator identification, and detailed call notes. • Provide the City with remote access to all call recordings and associated call records.
6. Reporting Requirements
• Provide monthly reports in Excel/PDF via web-based system by the 10th of the following month.
• Respond to special report requests within 2 business days at no charge. • Ensure reports remain accessible online for 2+ years.
RFP No. 2550
• Reports to track citations, payments, enforcement, adjudication, billing, route issuance, DMV transactions, collections, reconciliations, refunds, invalid address returns, and historical analyses.
7. Administrative Adjudication
• Track all initial administrative review requests and ensure inquiry access is available for review status and updates.
• Enter all review requests into the system within 48 hours of receipt. • Respond to all inquiries via email and mail in accordance with California Vehicle Code (CVC) requirements.
• Print and mail all result letters using official City-approved letterhead templates.
• Notify the City within 7 calendar days of processing or issuing any refunds. • File, organize, and securely store all source documents within the designated online records management system to ensure retrieval capability.
• Establish and maintain clear guidelines for dismissal of violations, ensuring consistent application of review standards.
• Schedule administrative hearings on a monthly basis, offering both in- person and written declaration options.
• Provide a real-time online hearing scheduling system that includes automated email confirmation for scheduled appointments.
Additional requirement:
At the City's discretion, the contractor shall schedule and administer administrative hearings for citizens contesting citations and may also conduct and oversee the review and hearing process as authorized.
8. Preferential Parking Zones (PPZ) & Permit Management • Issue, track, and maintain all permits as designated by the City, ensuring accuracy and timely updates in the system.
• Maintain a centralized online permit database that is secure, up to date, and accessible for authorized users.
• Monitor all Preferential Parking permit renewals and expirations and provide advance notifications to customers via both mail and email. • Integrate permit issuance functionality with the handheld ticketing system to ensure real-time enforcement and verification.
RFP No. 2550
• Reserve license plates within the online database and include all special considerations, including but not limited to: no citation issuance flags, designated exempt vehicles, and other City-approved exceptions. • Provide and maintain a PPZ Portal that allows users to manage both guest hangtag and virtual guest permits, including the ability to view and update their information.
• Generate and provide permit-related reports (including issued, expired, revoked, and pending permits) upon request by the City in a timely and organized manner.
9. System & Technology Requirements
• Ensure the online database is accessible from multiple workstations using standard PCs, and is internet-based with compatibility for modern browsers including Chrome and Internet Explorer.
• Provide real-time access within the system to citation data, registered owner information, payments, adjudication records, and current citation status.
• Enable authorized users to edit citation records within the system, including updates to dates, duplicate entries, license plate information, registered owner details, and other relevant fields as permitted.
• Implement secure, role-based access controls within the system to support distinct user levels, including administrators, supervisors, and clerks. • Include a Payment Card Industry (PCI)-compliant credit card processing module to ensure secure and compliant payment handling. • Ensure the system is capable of integrating with external payment and parking platforms, including IPS pay stations, Park Riverside, TEZ, ParkMobile, and any future City-approved systems.
• Provide capability to support and integrate a License Plate Reader (LPR) Enforcement Platform, including functionality for:
• Street sweeper pre-capture violations
• Downtown on-street enforcement
• Off-street enforcement
• Permit validation
• Payment reconciliation
• Scofflaw enforcement integration
RFP No. 2550
Additional requirement:
The Contractor shall clearly describe in its proposal:
• Existing LPR capabilities
• Current platform integrations
• Ability to support the City's enforcement and operational requirements across all listed functions
The City's Information Technology Department has established a City's Software as a service requirement which is applicable to system-related requests as set forth in Exhibit C. Proposers shall review these requirements and demonstrate how their proposed solution meets or supports the City's Information Technology Standards.
10. Enhanced Services
• Performance Metrics: Establish and maintain measurable Service Level Agreements (SLAs) covering turnaround times, accuracy, response times, and call handling performance. All performance metrics shall be continuously monitored, documented, and reported against agreed thresholds.
• Data Security & Privacy: Ensure full compliance with data security and privacy requirements, including all applicable laws and standards such as the California Consumer Privacy Act (CCPA) and Payment Card Industry Data Security Standard (PC| DSS). All Personally Identifiable Information (PII) shall be encrypted both in transit and at rest, with access strictly controlled through role-based access controls.
• Customer Accessibility: Provide multiple customer service access channels, including IVR, email, web portal, and mobile application. All services shall be fully accessible in both English and Spanish and shall comply with the Americans with Disabilities Act (ADA) and applicable digital accessibility standards.
• Disaster Recovery & Continuity: Implement and maintain a comprehensive disaster recovery and business continuity plan, including system redundancy, failover capabilities, and backup infrastructure. Recovery Time Objective (RTO) shall not exceed 24 hours under any circumstances. • Innovation: Support and implement ongoing service innovation and digital enhancements, including but not limited to electronic citation uploads, RFP No. 2550
electronic payment processing, and mobile-enabled adjudication scheduling.
• Baseline Metrics & Reporting: Produce standardized performance and operational reports on a daily, weekly, and monthly basis. All reports shall include KPI tracking, trend analysis, and actionable recommendations for continuous service improvement.
• Sustainability: Adopt and maintain sustainable operational practices, including minimizing paper usage through digital-first workflows and utilizing energy-efficient systems and infrastructure to reduce environmental impact.
EXHIBIT "B"
COMPENSATION
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Proposers shall complete the following cost table in its entirety. All amounts shall be fully burdened and include all labor, materials, equipment, overhead, and administrative costs. If applicable, proposers may list extra costs in the "Additional Charges" section. Each charge must be clearly identified, itemized, and described in the table below. No additional charges will be permitted unless they are explicitly included in the Proposal and approved by the City.
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
All services,
staffing,
technology.
licensing, Per contract
Total All-in Cost customer service, NA NA NA
term
reporting,
adjudication,
training, and
implementation
Cost per Citation Per citation
Processed - Parking processed Per citation 85,000 $32,300.00 Services citation
Cost per Citation $12.00 per
Processed - Code Per citation Per citation 600 $7,200.00 electronic
processed citation
Enforcement
Cost per Citation $12.00 per
Per citation Per citation 500
Processed - Animal electronic $6,000.00
Services processed citation
Administrative Administrative Per review/ $0.50 per
Adjudication Costs review and hold 8,970 $4,475.00
hearing services hearing
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
Dedicated city
Customer Service Costs line, IVR, Per month $500.00 12 $6,000.00 multilingual, after-
hours coverage
Setup, licensing,
Technology and System hosting,
maintenance, Per year $0.00 NA $0.00
Costs
integrations,
ongoing support
Credit/debit
processing,
Payment Processing & reconciliation, $0.00 NA
Financial Services Costs Per transaction $0.00
deposits, refunds,
escrow
management
One-Time
Implementation/Transition Clearly identified, One-time $0.00 NA $0.00 Costs one-time only
Data Entry and
10 Parking: Manual Citation electronic storage Per Manual $0.40 4,000 $1,600.00 Processing of manually issued Citation
citation
24% of the value Per dollar 24% of
Parking: Out of State paid of a citation collected on
11 $90,000.00 $21,600.00
Collections issued to an OOS an OOS
Collections
plate citation
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
Sending of the 1st
Parking: Ist Courtesy courtesy notice, Per Ist Courtesy 12 Notice inclusive of 1st class Notice $1.00 54,000 $54,000.00 postage and
return envelope
Data Ticket will
perform the review Per Indigent
13 Parking: Indigent Payment of each indigent $5.00 360 Plan Approval Process Payment Plan $1,800.00
payment plan Received
received.
Parking: Adjudication Generation and
Letters, including sending via 1st Per
disposition letters, schedule class mail, all Adjudication $1.00 8,790 $8,790.00 letters, and reschedule adjudication Letter
letters letters.
Fee to perform a $85.00
15 Parking: Hearing Fee Hearing Per Hearing 144 $12,240.00 Sending of
Parking: Miscellaneous required letters,
Letters, including letters of inclusive of Ist class
correction, partial postage and
16 payment letters, fled Per Letter $1.25 3,150 $3,937.50 electronic
letters, waiver forms, and attachment to the
others as required by the applicable
City. citation
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
Maintenance of
the escrow
account, daily
Parking: Monthly Banking deposits via RCD, Per Month per 17 reconciliation of $160.00 12 $1,920.00
Services Bank Account
funds due to the
County / State for
surcharges, ACH
Revenue
Parking, Animal Services, Acquisition of
and Code Enforcement: Per SSN $2.00 600
18 SSN Request for FTB each SSN for the $1,200.00
FTB Process Request
Services
25% of the value
paid of a citation
paid after 90 days Per dollar
old, inclusive of collected on a 24% of the
19 Parking: Delinquent $780,000.00 $187,200.00
Collections customer service, citation paid value
3 additional after 90 days collected
delinquent old
notices, and FIB
dispute resolution
15% of the value Per dollar 15% of the
Parking, Animal Services, collected on a
and Code Enforcement: paid of a citation value $300,000.00 $45,000.00 FTB Collections paid at FTB citation paid at collected
FTB
Data Ticket, Inc. 949-752-6937
2603 Main Street. Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
Maintenance of
the escrow
account, daily
Animal Services and Code deposits via RCD, Per Month per 21 Enforcement: Monthly reconciliation of $160.00 12 $1,920.00 Banking Services funds due to the Bank Account
County / State for
surcharges, ACH
of Revenue to city
Parking: Continuation of Samsung A35 and Per unit per 14 units at 22 Existing Electronic A52 paired with $40.00 12 months $6,720.00 Handheld Devices month each
Alpha 3R Printers
Parking: New Electronic New Samsung
handheld device Per unit per $50.00 12 $600.00
23 Handheld Devices with month
Printers paired with new
printer
Parking: Maintenance and Complete repair
24 Support for each and replacement Per unit per $20.00 26 units at $6,240.00 handheld device and of each handheld month 12 months
printer device and printer
Data Entry and
Animal Services and Code electronic storage
Enforcement: Manual of manually issued Per Manual
25 $15.00 72 $1,080.00
citation additional Citation
Citation Processing charges not listed
above
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
Unit Cost Estimated Total
Cost Category Description Unit Annual Annual
($) Volume Cost ($)
Parking, Animal Services Refund processing,
25 and Code Enforcement: refund issuance, Ist Per Refund $3.75 30 $112.00 Refund processing class postage
NSF &
Parking, Animal Services Chargeback Per
and Code Enforcement: processing, letter
26 NSF/Chargeba $3.75 30 $112.00
NSF & Chargeback issuance to ck
processing patron, Ist class
postage
Parking, Animal Services Scan, upload and
and Code Enforcement:
electronically store $300.00
27 Scan and upload Per scan $0.50 600
additional supporting supporting
documentation
documentation
Permit
28 Parking Permit Application Management Per Permit $1.50 1,700 $2,550.00 Solution
/Processing
29 Parking Permit Application Mail letter Per Letter sent $1.35 1,000 $1,350.00 w/permit
Programming for
30 Parking Permit Application additional permit Per hour $100.00 types/changes
Additional Charges:
• The City will not be charged a fee for a credit / debit card; however, the individual paying a citation with a credit / debit card will be charged $3.50 per transaction, regardless of the number of citations paid at the time of the transaction.
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT D - Cost Exhibit - (20%)
• In the event the USPS increased the cost of postage, all letters and correspondence will increase by the amount the USPS increases postage.
• An individual requesting a payment plan will be charged a fee as follows: $15.00 for payment plans for a dollar value of $.01 to $200.00; $20.00 for payment plans for a dollar value of $200.01 to $500.00; $50.00 for a payment plans for a dollar value equal to or above $500.01. • The City will be charged for wireless airtime for any handheld device for which Data Ticket provides a wireless plan. This fee will be a pass-through to the City and billed monthly. • An individual who issues a chargeback fee will be chargeback fee of $33.50 Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
EXHIBIT "C"
KEY PERSONNEL
RFP No. 2550 EXHIBIT G - Narrative Proposal
COMPANY PERSONNEL
Complete the tables below for each key personnel included in this Proposal. If you have less personnel than tables, delete or leave blank. If you have more personnel than tables below, copy and add additional tables. Resumes are not needed but can be submitted as an appendix to the Narrative Proposal if desired.
Key Personnel #1
Name Heather Nowlan
Contact Title Director of Client Services
Information Email Address [email protected]
Phone Number 949-428-7241
Heather has been Data Ticket's Director of
Client Services for 17 years. Heather and
the Client Services Department set up and
maintain client user access rights, identify
How will this individual be involved in this
project? and manage enhancement opportunities,
and provide on-going training. Heather will
continue to be the City's point of contact
for any questions regarding the contract
and services provided.
Provide any licenses or certifications held by
NA
this individual.
Heather has been Data Ticket's Director of
Client Services for the past 17 years.
Heather and the Client Services
Department work closely with the City to
manage their business requirements.
Heather is a graduate of Texas Christian
University, and her experience includes
more than 23 years of customer service in
a fast paced, high energy, client-facing
Provide a short description of this individual's business. She brings a solid foundation to qualifications and experience as relevant to Data Ticket by utilizing effective the Scope of Services described in this RFP. communication skills with a detail-oriented service mentality. She has worked on
numerous CRM (customer relationship
management) programs in her prior
experience and has been able to apply
this knowledge directly to Data Ticket.
Heather's goal is to enhance the
experience that our clients receive
through personalized attention.
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT G - Narrative Proposal
Key Personnel #2
Name Brook Westcott
Contact Title Chief Operating Officer
Information Email Address [email protected]
Phone Number 949-428-7240
Brook will partner with City Personnel to
ensure compliance with new legislation,
current trends in the parking and
administrative citation industry and new
How will this individual be involved in this
project? technology that will enhance the City's
current operations. Brook will continue to
spend a significant amount of time
reviewing the City's processing business
rules, looking for areas of efficiency.
Provide any licenses or certifications held by
NA
this individual.
Brook has more than 23 years of parking
citation experience in addition to 20 years
of administration citation processing
experience. Brook actively manages our
client's citation processing to ensure each
implementation is successful and each
client is provided with exceptional services.
Brook's expertise in Project Management
Provide a short description of this individual's
qualifications and experience as relevant to includes planning, designing, testing and executing client conversion, IT
the Scope of Services described in this RFP.
enhancements, new IT development, data
management and process re-engineering.
Brook's focus since joining Data Ticket has
been to develop new processes to
streamline the flow of data through the
system in order to provide more detailed
data to our clients via real-time, online
reporting.
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT G - Narrative Proposal
Key Personnel #3
Name Bradley Miller
Contact Title Mobile Support Manager
Information Email Address [email protected]
Phone Number 949-544-0991
Bradley is responsible for the development
and maintenance of our Citation Issuance
Software for both the iOS and Android
solutions we provide for our clients. Bradley
How will this individual be involved in this
project? provides for the management of all
handheld software development,
enhancements, integrations and
implementations. This includes all hardware
and software research.
Provide any licenses or certifications held by
NA
this individual.
Bradley joined Data Ticket in 2012 and
quickly got to work on improving our
Provide a short description of this individual's handheld Solution. Since that time, he has qualifications and experience as relevant to completely re-written our entire solution in the Scope of Services described in this RFP. native iOS and native Android so that the citation issuance solutions we provide are
actual applications.
Key Personnel #4
Name Mariane Hernandez
Contact Title Accounting Manager
Information Email Address [email protected]
Phone Number 949-428-7258
Mariane will continue to handle all
invoicing, bank account reconciliation,
refund issuance, credit card chargeback
How will this individual be involved in this
processing, daily deposit questions,
project?
monthly County / State surcharge
remittance for parking citations, and all
other questions related to finances.
Provide any licenses or certifications held by
NA
this individual.
Mariane has been with Data Ticket for the
Provide a short description of this individual's
past 17 years. She has managed the
qualifications and experience as relevant to
Accounting Department since that time
the Scope of Services described in this RFP.
and has worked diligently to provide
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614
RFP No. 2550 EXHIBIT G - Narrative Proposal
streamlined processes for our clients.
Mariane is the key contact for the City of
Riverside regarding any questions as they
relate to invoicing, financial reports, refund
processing, NSF processing, credit card
chargeback processing, and all other
financial questions.
Data Ticket, Inc. 949-752-6937
2603 Main Street, Suite 300 Irvine, CA 92614