Parking Citation Processing RFP Proposers Questions ‐ Response #1 dated 10/31/14 1. On page 23, section C, will the County/Agencies provide space for hearings or is it expected that the Hearing Officer will provide Hearing space in 3 separate locations within the County? Currently hearings are held in two locations, Menlo Park City Hall – Council Chambers and Millbrae City Hall – Council Chambers, so the County/Agencies will provide space for the hearings. The hearing officers are employed as independent contractors of the vendor. 2. On page 27, Section C, please provide samples of the customized correspondence/letters requesting additional information prior to scheduling administrative hearings. While the actual correspondence that is sent to violators is considered proprietary, the basic idea is that the correspondence requests payment by a due date or provides information required by the vehicle code. A return envelope is included when payment is requested 3. Current Invoices There were several requests for copies of current monthly invoices. We believe that sufficient data and information has been provided to calculate costs for providing the requested services. Cost is one of many factors that will be evaluated in determining the selected proposer. 4. What is the total number of handheld ticket writer devices that would be required? See attached worksheet for 11 agencies. We’ve been unable to acquire this information for all agencies. 5. What is the total number of software sessions that would be required? There are 30 Agencies in the County, all of which will need access. It is unlikely that all 30 will be accessing the system at once. Since it is expected to be web‐based, concurrent access should not be a factor. 6. What are the range of fines? Parking Citation bail scheduled attached for all agencies. Each Agency sets its own fines. A revised schedule has been attached. The original schedule did not include the Community College District locations: Canada College, College of San Mateo, and Skyline College. 7. What are the range of penalties? Each Agency sets its own fines. See attached schedule of Parking Citation bail for all agencies.
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RFP Proposers Questions Response #1 dated 10/31/14 warning tickets issued and if so, what is the policy for issuing warning ... using automated ticket writers ... in the automated
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1. On page 23, section C, will the County/Agencies provide space for hearings or is it expected
that the Hearing Officer will provide Hearing space in 3 separate locations within the County? Currently hearings are held in two locations, Menlo Park City Hall – Council Chambers and Millbrae City Hall – Council Chambers, so the County/Agencies will provide space for the hearings. The hearing officers are employed as independent contractors of the vendor.
2. On page 27, Section C, please provide samples of the customized correspondence/letters
requesting additional information prior to scheduling administrative hearings. While the actual correspondence that is sent to violators is considered proprietary, the basic idea is that the correspondence requests payment by a due date or provides information required by the vehicle code. A return envelope is included when payment is requested
3. Current Invoices
There were several requests for copies of current monthly invoices. We believe that sufficient data and information has been provided to calculate costs for providing the requested services. Cost is one of many factors that will be evaluated in determining the selected proposer.
4. What is the total number of handheld ticket writer devices that would be required?
See attached worksheet for 11 agencies. We’ve been unable to acquire this information for all agencies.
5. What is the total number of software sessions that would be required?
There are 30 Agencies in the County, all of which will need access. It is unlikely that all 30 will be accessing the system at once. Since it is expected to be web‐based, concurrent access should not be a factor.
6. What are the range of fines?
Parking Citation bail scheduled attached for all agencies. Each Agency sets its own fines. A revised schedule has been attached. The original schedule did not include the Community College District locations: Canada College, College of San Mateo, and Skyline College.
7. What are the range of penalties?
Each Agency sets its own fines. See attached schedule of Parking Citation bail for all agencies.
8. What is the total number of unpaid tickets in 2013? What are the total number of unpaid tickets from 2010‐2012? What is the approximate revenue value of all unpaid tickets? Unpaid ticket rates range widely by Agency. Individual Agency information can be derived from Enclosure 5.
9. Are warning tickets issued and if so, what is the policy for issuing warning tickets? Warning tickets are not formally issued. The agencies do not currently have payment plans but citizens can request 30, 60 and 90 day extensions.
10. How many people are exclusively assigned to issuing parking tickets? Number of parking enforcement personnel varies by Agency, and in some cases there are not personnel assigned exclusively to parking enforcement. Ticket volume by Agency is provided in Enclosure 5.
11. Please clarify section V.A.11.e. It states that “Delinquent notices shall be generated at least
one business day prior to becoming delinquent”. Does this mean that the notice should reflect an upcoming penalty before the penalty is assessed in the system? The intent of this requirement is to be sure that there is no delay in issuing delinquent notices. Notices should be prepared timely, to be mailed no later than the day of delinquency.
12. Should the return envelope referred to in section V.A.11.e. be a business reply envelope or a
customer reply envelope? If the distinguishing factor between “business reply” and “customer reply” is that of being prepaid, then the return envelope is not prepaid.
13. Insurance Requirements page 13 – Could you please list the insurance requirements of any
agencies that exceed the County insurance requirements? See attached worksheet for 11 agencies. We’ve been unable to acquire this information for all agencies.
14. The RFP requires a plan for using automated ticket writers for Moving Violations. Could you
please provide the following information for each Agency: A. Volume of moving violations per year
See attached worksheet for 11 agencies. We’ve been unable to acquire this information for all agencies.
B. Whether they currently use automated ticket writers for moving violations There is no current program for using automated ticket writers for moving violations. Some agencies currently use the automated ticket writers to issue moving violations, but only in lieu of hand writing a paper ticket. In some if not all instances the hand held ticket writers for moving violations are different from the units used to issue parking tickets, at least that is the case for Daly City. Once the ticket has been written, the ticket information is transmitted to the Court via paper copy. The process of transmitting information to the Court is completely manual.
C. Who the vendor is, make and model used
N/A
D. How many units they currently use
N/A
E. Are the current traffic ticket writers connected (i.e. 4G or some other method) N/A
F. How many ticket writer units they anticipate using during the term of this next SMCA
contract? This will vary depending on the nature and the cost of the proposed program. Currently, the largest ticket writer by parking ticket volume has expressed interest in using such a program.
G. Please describe the complete process flow for Moving Violations, from issuance to court.
See response to B above.
H. How does the Court receive the moving violation information? Electronically? Manually?
In what format? See response to B above.
I. Will each City be responsible for sending the moving violations to the court?
Should such a program be implemented, the method will be dependent on the solution proposed. For instance, a possible solution may provide that the information be transmitted from the Agency to the vendor and then from the vendor directly to the Court.
J. Is the moving violation information data entered into each city’s records management system prior to sending to the court? It should be assumed that each Agency which contracts for this service would also contract with their records management vendor to import the required data. Currently if the moving violations are entered into an Agency’s records management system it is done manually.
K. If it is entered, what different records management systems are being used?
N/A
15. Are Enclosures 1 or 3 listed on page 34 required to be completed and submitted with the
proposal?
No. Only the successful proposer will need to complete these forms. They are included for information only.
16. Who is the current contractor?
Turbo Data, Inc.
17. Please provide a copy of the current contract including price proposal and any contract
addendums. Attached herein as supplemental documents are the 2006 agreement and 2011 amendment for the Sheriff’s Office. We will not be providing agreements and amendments for the other 29 agencies. We believe the information contained in the attachments should be sufficient to provide a comprehensive proposal.
18. Does the current contract provide all the services included within the bid specifications? The current contract provides for items in Section V, except for some minor items. Items A through D in Section VI are not currently provided, and item E. is currently provided on an Agency by Agency basis via separate agreements.
19. Enclosure 5 – Parking Citation Statistics
A. Are all the parking agencies included within one agreement? In other words, is the County
requesting one agreement for all entities or individual agreements per agency? See RFP Section I, Background. Each Agency contracts individually and is not obligated to select the same vendor as the County does. In two previous RFP processes, all 30 Agencies did choose the same vendor.
B. Does the RFP guarantee all the parking agencies listed will go with the awarded vendor? See answer to question 19. A. above.
C. What is the average fine amount including late fees for each agency?
Each Agency sets its own fines. See attached schedule of Parking Citation bail for all agencies.
D. What is the annual citation revenue for each agency? Annual citations written and collected are available by Agency on Enclosure 5.
E. How many parking citations are issued annually to California licensed vehicles and Out of
State licensed vehicles? Data not available.
F. What is the amount of outstanding debt for the last three years listed by year and by agency? A number of methods are used to collect delinquent fine revenue, including the State Treasurer’s Offset Program. It is, therefore very difficult to state this amount for each agency. We would direct you to the data shown on Enclosure 5 for information on citations issued and citations collected, including the manner in which they are collected.
20. What is the annual budget for this program? Each Agency budgets individually for its contract with the vendor. Some don’t have a specific appropriation and instead remit the funds directly out of their parking citation revenue account.
21. Would the vendor invoice each parking agency or submit one invoice to the county for each
parking agency? See RFP Section I, Background. All contracts are with each individual Agency and are charged separately.
22. Should we expect that some of the agencies will want to procure new handheld equipment to begin at the same time as the go live date? Yes. This will be an individual choice made by each Agency and agreed upon with the successful proposer. Note that the required costing option is to provide handheld equipment as a part of the contract.
23. How many reviews and hearing are conducted annually at each location? In 2013 there were 229 administrative hearings held at the Millbrae location and 135 administrative hearings at the Menlo Park location. A table is included in the attachments that shows the in‐person and written hearings counts by Agency for the 2013 calendar year. There were a total of 364 in person hearings and 393 written hearings.
24. If the County currently establishes payment plans, can you provide quantity of these by agency?
25. How are citation payments deposited or distributed back to each agency? Is there a bank preference to where the funds are deposited? What bank does the County currently use? Typically each Agency designates a bank account for receipts to be wired to.
26. Could you please provide a list of the current notices and letters and samples of each? While the actual correspondence that is sent to violators is considered proprietary, the basic idea is that the correspondence requests payment by a due date or provides information required by the vehicle code. A return envelope is included when payment is requested.
27. Page 25, item ‘e’ states: The automated voice response system must be capable of providing real‐time information regarding contested citations and provide information relating to a liable or not liable decision by the Agency at each step. Question: what does at each step refer to? Can you provide what information is required to provide? The following summarizes the process for contesting parking citations in California. The status at each stage must be provided in the automated system. California Vehicle Code Section 40215 allows for the ability to contest a parking citation, provided the citation was issued in error. The following instructions must be followed in order to contest. 1st Level – Initial Review
There is no fee to contest a citation at this level. Appeals may be requested either on‐line or by mail within 21 calendar days of citation issuance. Initial reviews are carried out by the individual Agencies. If found not liable during the Initial Review process, any amount paid will be refunded.
2nd Level – Administrative Hearing
The amount of the citation must be paid in order to contest a citation at this level. An Administrative Hearing may not be requested unless the violator has received a result of Initial Review and has been found liable.
If dissatisfied with the results of the Initial Review, an Administrative Hearing may be requested by within 21 calendar days of the mailing of the Initial Review. Full amount due on the citation may be made online prior to the hearing request or submitted via a check or money order by mail with the request for an Administrative Hearing. A waiver of the penalty may be requested prior to an Administrative Hearing. The violator must have already completed the first level of the appeal (Initial Review).
3rd Level – Civil Appeal
California Vehicle Code Section 40230(a) allows for the ability to file a Civil Appeal for a parking citation if dissatisfied with the results of the Administrative Hearing. A Civil Appeal may not be request unless the violator has received a Result of Administrative Hearing and has been found liable. If found not liable during the Civil Appeal process, any amount paid will be refunded (including the court filing fee).
28. Page 29, item ‘B’ Issuance and Processing of Moving Violations – Required Some Agencies are considering the automation of the issuance of moving violations, primarily those given by motorcycle officers, in order to help streamline operations. Proposers are required to submit a comprehensive plan for using automated ticket writers for moving violations along with related pricing. Question: Could you provide how this data is used? Where will the citation be processed? Will these violations fall under the same process as a parking citation or be processed through the courts? The moving violation process is separate from the parking citation process. In California parking tickets are not handled by the court system, but moving violations are. This process is not currently automated in the manner that parking citations are. The proposers are requested to propose a system to allow use of handheld ticket writers for use in issuing and a system for transferring information to the court for further action.
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 1 of 22
A G R E E M E N T BETWEEN THE COUNTY OF SAN MATEO
AND TURBO DATA SYSTEMS, INC.
THIS AGREEMENT, entered into this 12th day of __September_______, 2006, by and
between the COUNTY OF SAN MATEO, hereinafter called "County" or “Agency,” and TURBO
DATA SYSTEMS, INC., hereinafter called "Contractor";
W I T N E S S E T H:
WHEREAS, pursuant to Government Code, Section 31000, County may contract with
independent contractors for the furnishing of such services to or for County or any Department thereof; and
WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of citation
processing and adjudication of County Agency issued parking citations.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. EXHIBITS AND ATTACHMENTS The following exhibits and attachments are included hereto and incorporated by reference herein:
Exhibit A - Services Exhibit B - Payments and rates Attachment I - §504 Compliance
2. SERVICES TO BE PERFORMED BY CONTRACTOR In consideration of the payments set forth herein and in Exhibit “B,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”
3. PAYMENTS In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein and in Exhibit "A," County shall make payment to Contractor based on the rates and in the manner specified in Exhibit "B." It is acknowledged that it is impossible to specify the County of San Mateo’s maximum fiscal obligation under this Agreement, as the obligation depends on the number of citations that are issued. The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable.
4. TERM AND TERMINATION Subject to compliance with all terms and conditions, the term of this Agreement shall be from JULY 1, 2006 through JUNE 30, 2011. Upon the expiration of this Agreement, County shall have the option, in its sole and absolute discretion, to extend the term of this Agreement for an additional three (3) years on the terms and conditions contained herein, except that Contractor may propose an increase of six (6) percent or less to the compensation amounts in Exhibit “B”. County will notify Contractor in writing at the address listed in the Notices section (Section 16) of this Agreement of its intention to extend this Agreement at least one hundred-twenty (120) days prior to the expiration of this Agreement.
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 2 of 22
This Agreement may be terminated by Contractor, the Sheriff or his/her designee at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.
5. AVAILABILITY OF FUNDS The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the county learns of said unavailability of outside funding.
6. RELATIONSHIP OF PARTIES Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers, or advantages of County employees.
7. HOLD HARMLESS Contractor shall indemnify and save harmless County, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County, its officers, agents, employees, or servants, resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
8. ASSIGNABILITY AND SUBCONTRACTING Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.
9. INSURANCE The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. The Contractor shall furnish the Department/Division with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Department/Division of any pending change in the limits of liability or of any cancellation or modification of the policy.
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 3 of 22
A. Worker's Compensation and Employer's Liability Insurance. The Contractor shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.
B. Liability Insurance. The Contractor shall take out and maintain during the life of this Agreement
such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractors operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below.
Such insurance shall include:
1) Comprehensive General Liability ............................................. $1,000,000 2) Motor Vehicle Liability Insurance .............................................. $1,000,000 3) Professional Liability.................................................................... $1,000,000
County and its officers, agents, employees and servants shall be named as additional insured on
any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
10. COMPLIANCE WITH LAWS; PAYMENT OF PERMITS/LICENSES All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 4 of 22
11. NON-DISCRIMINATION AND OTHER REQUIREMENTS
A. Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.
B. General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.
C. Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request.
D. Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to:
i) termination of this Agreement; ii) disqualification of the Contractor from bidding on or being awarded a County contract
for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other appropriate contractual and civil remedies and sanctions, as
determined by the County Manager. To effectuate the provisions of this section, the County Manager shall have the authority to
examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County. Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed.
E. Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.
F. The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth.
12. COMPLIANCE WITH CONTRACTOR EMPLOYEE JURY SERVICE ORDINANCE Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees regular pay the fees received for jury service.
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 5 of 22
13. RETENTION OF RECORDS, RIGHT TO MONITOR AND AUDIT
A. Contractor shall maintain all required records for three (3) years after the County makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.
B. Reporting and Record Keeping: Contractor shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State and local agencies, and as required by the County.
C. Contractor agrees to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representatives, and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
14. MERGER CLAUSE This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties. 15. CONTROLLING LAW The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. 16. NOTICES Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:
In the case of County, to: San Mateo County Sheriff’s Office Attn: Sheriff 400 County Center Redwood City, CA 94063
In the case of Contractor, to: Roberta J. Rosen President Turbo Data Systems, Inc. 18302 Irvine Boulevard, Suite 200 Tustin, California 92780-3464
AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 6 of 22
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
EXHIBIT A - SERVICES AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 7 of 22
EXHIBIT A SERVICES
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND TURBO DATA SYSTEMS, INC.
In consideration of the payments set forth in Exhibit B, Contractor shall provide citation processing and adjudication of County Agency issued parking citations as described below. 1. DATA ENTRY FROM HANDWRITTEN CITATIONS.
A. Handwritten citations are forwarded to Contractor by County with a batch slip for tracking purposes. The batch slip includes the date, name of the person preparing the slip, and the citation count. All handwritten citations are entered into the database within 48 hours of receipt.
B. Citations not processed due to incorrect or missing information are returned to the County for clarification.
C. Transactions are entered online with tight controls to prevent errors.
D. The handwritten citation entry process updates the database with all pertinent data. The database includes the following:
Citation Number Issue Date & Time Issue Day Meter Number Permit Number Issuing Officer Badge Number Violation Code Vehicle License Number Reminder Notice Date Additional Notice Dates DMV Hold Date DMV Hold Status (Placed, Released, Etc.) Associated Penalties Date Citation Entered System Operator Initials Citation Batch Number Citation Comment Lines Vehicle License State & Type Registration Expiration Date on citation Citation Vehicle Make DMV Vehicle Make Vehicle Color Vehicle Identification Number Violation Location Citation Fine Amount Delinquent Date
Registered Owner Information:
Registered Owner Name and Address
EXHIBIT A - SERVICES AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 8 of 22
Registration Expiration Date from DMV Date Name Entered System Operator Initials Old Name Retention from Changes due to Sold/Rented/Leased Vehicles
Payment Posting Information: Citation Number Disposition Code Payment or Dismissal Date Date Entered Amount Received Operators Initials
E. Entry of disposition and other non-citation information is also a critical step in the processing cycle.
Citations that have been dismissed by Agency staff are updated to reflect the reduction or cancellation action that has been taken. Also, suspensions and extensions are recorded when requested in writing by the Agency. Dismissals, suspensions and extensions are processes that can be performed either by Agency staff or by Contractor.
F. Contractor files all hard copy citations and can provide the document upon request by the Agency. Original handwritten citation documents will be stored for two (2) years and then shredded.
2. AUTOMATED TICKET WRITERS. (As an optional future endeavor, County, at its sole discretion may decide to switch to automated ticket writers for citations issued by the County, in which Contractor will provide the following services.)
A. Contractor will provide the necessary software to communicate with Contractor’s systems to transfer citation data from the County’s automated ticket writers. This software enables the County to upload citation information and download scofflaw files from Contractor’s computer system to their local handheld PC. The system allows data transfers as well as inquiry ability into Contractor’s system.
B. As citation files are transferred, Contractor’s system immediately loads the data into the submitting agency’s database. This allows timely access to citation information for the County, the public and Contractor’s staff.
C. Errors detected from automated citation entries (discrepancies in violation amounts, violation codes, lack of required information, etc.) are reviewed and corrected. Duplicate citation numbers are not entered into the system, but reported for investigation. When necessary, error reports are forwarded to County for investigation.
D. Contractor’s staff then processes citation corrections made by the Agency to correct dates, violation codes and fine amounts.
E. Contractor will work directly with County to coordinate and implement changes regarding handheld unit equipment.
F. A file containing the most current habitual offender (scofflaw) list is generated daily for downloading into the client’s PC. The criteria making a vehicle eligible can be changed as some agencies are more lenient, allowing vehicles to obtain more than five delinquent citations before booting/towing as stated in the California Vehicle Code. Taking advantage of the multi-city contract, Contractor can provide a combined scofflaw list.
G. Registered Owner Name Retrieval.
H. Contractor has a direct interface with the California Department of Motor Vehicles (DMV) for the retrieval of registered owners' names and addresses for California vehicles. Registered Owner information is retrieved on a daily basis for every open citation.
EXHIBIT A - SERVICES AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 9 of 22
I. Requests for registered owners are submitted to the DMV using the citation issue date. Multiple citations issued under one plate or VIN may have different registered owners depending on the issue date of the citation. Most registered owner information is retrieved within 48 hours of a citation being entered.
J. The vehicle make on file with DMV is obtained and compared with the make from the original citation. Discrepancies will be reported and investigated to ensure the license has been entered correctly. Upon correction the citation is once again eligible for DMV name retrieval through Contractor’s automated system.
K. When a name and address is not available from the DMV on the first inquiry, multiple attempts will be made until Contractor successfully obtains an R/O or at a minimum nine (9) attempts.
L. Any "no hits" received from the DMV's will be reported and vehicle licenses will be reviewed for accuracy.
M. Corrections will be made when necessary and the DMV name retrieval process continues. This process has been successful in ensuring accuracy and increasing both Contractor’s DMV Hit Rate and Contractor’s collection rate.
N. Updates will be conducted on citations when a change of ownership or notification of a rental, with bona fide proof is received. All prior name information is kept on the system for historical reference. Once these updates are made, another notice is mailed to the responsible party with the next notice run.
3. OUT-OF-STATE REGISTERED OWNER NAME RETRIEVAL.
A. A Registered Owner inquiry is generated for citations issued to vehicles registered outside California.
B. Contractor currently has agreements to retrieve registered owner information from all 50 DMV's in the United States, Washington DC, and Canadian Provinces allowing retrieval of registered owner information.
C. All out-of-state activities (generation of inquiries, sending inquiries, update of citation records), are functions of the out-of-state process and are at no additional cost to the County.
4. DMV REGISTRATION HOLDS/RELEASES.
A. DMV registration holds are placed for delinquent citations in accordance with standards set by the County, the California Vehicle Code and any other applicable laws.
B. Release of registration holds are sent to the DMV within 24 hours of a citation being closed.
C. Contractor has the ability to inquire/update DMV records on demand based on a request by the County. This eliminates the need for issuing abstracts on closed citations.
D. DMV is notified to modify (but not release) citations already on DMV hold when a partial payment is received.
E. DMV Status Reports are published monthly for citations placed/released from DMV hold. A report of payments made at the DMV is provided to the County for reconciliation.
5. PAYMENT PROCESSING.
A. Mail is picked up each weekday from a Post Office Box located in Redwood City and provided by Contractor.
B. Payments are processed immediately.
C. Daily pick up of mail is imperative to ensure timely processing. Daily mail processing ensures a reduced number of crossover payments and a reduced number of phone calls from the public. With the online, real-time nature of Contractor’s IVR and Web systems, it is very important for the
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public to receive the most up to date information (i.e. payments posted, adjudication information updated, dismissals posted, etc.).
D. Audit controls are in place to ensure accountability of all transactions and monies for payment processing, from initial receipt through final resolution and filing.
E. Payments are sorted by postmark date and processed each day. Payments are deposited into the County’s bank account usually within one business day of receipt and are guaranteed within 48 hours.
F. To reduce the number of refunds required to be processed by the County’s finance department, Contractor does not accept duplicate payments or payments attempting to be made toward accounts which are already closed.
G. Contractor’s staff does all payment processing in-house.
H. There are three verification processes to ensure accuracy for all payment activities.
1. Citation numbers are written on each payment processed and the amount of the check is written on the citation. This is considered the first verification in the payment process.
2. To ensure accuracy, all payments are entered with the citation number and license plate associated with the record, to eliminate transposed citation numbers and misapplied payments. Contractor’s Data Entry staff is provided with a printout containing relevant information about the payments entered (the Data Entry operator’s number, the Collection Representative’s number, date paid, date entered, citation count, a unique batch number for easy retrieval and the total amount for the batch). As the second verification in the payment process, the printout is attached to the batch upon balancing. The entire batch is then sent to Contractor’s specially trained banking staff for final processing.
3. The banking staff conducts the third and final verification for balancing prior to depositing funds. The total of the deposit must match the data entry printout before proceeding.
I. All pay documents are stored in an easily retrievable format by Contractor and are stored as required by County.
J. A daily report of all citations paid, along with a copy of the deposit slip, is sent to County designated personnel and is also available online. A duplicate copy of this report and deposit slip is stored by Contractor.
K. Unmatched Payments: Contractor’s system has the ability to accept payments for citations that are not yet in the system. Basic information regarding the citation is updated to the database with the payment. Upon receipt of the original citation, the basic information entered with the payment is compared for accuracy and all other data fields are updated.
L. Partial Payments and Returned Checks: A second notice is mailed for bounced checks (adding a returned check charge to the system that is established by the County), and for the balance due on partial payments. If no payment is received on these second notices, the system continues processing the citation through the penalty phase and additional notification.
M. Payment Tracking for Approved Payment Plans: Contractor’s system has the capability to accept suspensions or due date extensions for payment plans approved by County. These entries can be entered by County or by Contractor upon request.
N. Payments by Credit Card (Visa and MasterCard): Payments by Visa and MasterCard are accepted 24x7 by telephone and Internet. Both systems secure immediate authorization from the processor, with immediate updates to County’s database in real time.
O. POS Cashiering System: Contractor has an online cashiering system that can be utilized at a County location for processing payments, due date extensions, dismissals, voids, notes and towed vehicle information. Using the Cashiering System provides a convenience to County staff as well as the public allowing information to be updated online in real time. Entries made using the Contractor Cashiering System take less time than manually logging the information and
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forwarding it to the processing vendor to update. The minimal hardware required for this system consists of a PC with an Internet connection. A receipt printer and a cash drawer for use with this system are optional.
1. Totals of all payments updated to the system at the Agency’s location can be printed by shift or day for balancing and reconciliation.
6. CORRESPONDENCE PROCESSING.
A. All mail received at Contractor is sorted by category (payments, correspondence, etc.). Correspondence related to citations is opened and forwarded immediately to the appropriate department for further investigation by staff experienced in identifying and separating contesting information from complaints. All correspondence is processed within two business days of receipt.
B. Envelopes for all correspondence are stamped with the date received and kept with the source documents to validate the posting dates used for processing.
C. Upon receiving unidentifiable payments or incomplete information from a citizen, Contractor’s staff requests additional information or documentation when necessary. All correspondence mailed to citizens on behalf of County is automatically laser printed by the system and documented in the system for future reference.
D. All correspondence to the public provides complete citation information, amount due, and instructions regarding how to make a payment. A bar-coded, pre-addressed stub is included for payment and documentation return.
E. Public Communication (Correspondence Letter): Contractor’s staff communicates with the public via mailed correspondence when necessary for clarification or additional information.
F. Client Parking Information Portal - Contractor will provide County with a dedicated web site accessible to authorized personnel. This site provides access to parking related information and resources available 24x7. Some of the information includes:
Access to REPORTNet Statistical information for various parking metrics, measures and comparisons Access to ticketPRO management functions Turbo Data contact information Agency specific information such as violation schedule and officer roster Industry specific links such as California Vehicle Code, DMV and Parking
Associations
7. REPORTING.
A. Contractor currently provides County with a wide variety of electronic reports.
B. Reports can be created on an as needed basis upon request at no additional cost to the Agency.
C. Frequency of reports generated can be on a one time only basis, monthly, weekly or as County desires.
D. REPORTNet: All of Contractor’s reports are available to County online through REPORTNet. Using the Internet authorized County staff is provided with a unique logon and password. These reports are provided in PDF format and can be viewed and printed by County’s authorized staff. Reports can be viewed online 24x7 and will remain online for a minimum of three (3) years.
8. TOLL-FREE TELEPHONE SERVICE.
A. Contractor provides a toll-free telephone number for the public to inquire on parking citations 24x7.
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B. Interactive Voice Response System: Contractor’s Interactive Voice Response system (IVR) provides real-time, detailed citation information directly linked to the Agency’s database. Each caller has the option of hearing the information in English or Spanish. The IVR allows parking citation recipients 24x7 access (with maintenance occurring between 12:00 midnight and 1:00 a.m.). The public can inquire by citation number or license plate number and obtain the issue date, citation number, delinquent date and amount due on all open citations. The system confirms closed status on all closed citations as well as the unique ability to relay contesting status on citations in the Adjudication process when utilizing Contractor’s adjudication service.
C. Pre-recorded, County specific information includes the address for mailing a payment, making a payment over the Internet, instructions for contesting a citation and instructions for correcting equipment violations.
D. Options for reaching a Customer Service Representative are also available through this system.
9. CUSTOMER SERVICE REPRESENTATIVES.
A. Customer Service Representatives (CSRs) are available during Contractor’s normal business hours (9:00 am – 4:00 pm). Contractor employs and trains staff with the ability to respond to calls received in English and Spanish.
B. Contractor provides in-house training to all of Contractor’s Customer Service staff allowing them to provide general information on each agency’s policies and procedures with the ability to research information and respond accordingly. In addition the staff is also trained to handle complaints professionally and provide information on all levels of the administrative adjudication process.
C. Contractor has the ability to enter “Notes” on a particular citation or license plate as calls are taken in instances where specific information will be helpful for future reference. All “Notes” entered can be viewed and/or printed by County and Contractor’s staff.
D. Supervisors within the Customer Service Department have the ability to monitor all calls received.
10. CREDIT CARD PAYMENTS.
A. Contractor’s IVR accepts payments by VISA and MasterCard 24x7 with immediate authorization. This option gives citizens the ability to pay their parking fines by credit card quickly and conveniently by calling Contractor’s toll-free number.
B. The IVR is capable of applying a service fee to the citation payment to cover the cost of credit card processing, thereby eliminating any credit card fees for the Agency.
C. As an alternative to cover the cost for this service, County can choose to absorb the associated administrative and merchant fees; thereby allowing the public to pay by credit at no additional charge. These options allow County to provide the convenience of 24x7 credit card payment processing for citizens who choose to use it.
D. Accepted credit card payments automatically update the citation database immediately so Agency staff with on-line inquiry access can see that a payment has been applied (ideal for towed/booted vehicles).
E. A unique merchant account will be established for San Mateo County Cities and Agencies to ensure proper separation of funds. Funds collected via MasterCard and Visa are reconciled and deposited daily into Contractor’s maintained bank account. At the end of each month, Contractor reconciles the Agency’s collections. A check is deposited into the Agency’s bank account and a report is sent to the Agency.
11. CUSTOM NOTICES.
A. Contractor’s professionally printed notices are printed in color and were designed for ease of reading and providing important information to the public, as well as containing all information required by the California Vehicle Code. Contractor’s notices meet all current requirements for
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size, proportion and weight as defined by the USPS. All notices, letters, and postage are provided by Contractor and mailed using first-class mail on a weekly basis. All mailings are imprinted whenever possible with the post net barcode and FIM markings as requested by the USPS.
B. Using the Postal Service National Change of Address (NCOA) database allows Contractor to ensure the most rapid and accurate delivery of notices. This feature allows the new address of respondents that have moved (and filed a notice with the USPS) to be directly printed on the notice form as it is mailed, to eliminate the time delay normally encountered by the mail piece going to the old address, getting a forwarding sticker, and then going to the new address.
C. Mail returned by the Post Office as undelivered is tracked and identified as returned mail on the inquiry screen.
D. All notices contain information required by the California Vehicle Code.
E. A unique feature of Contractor’s system is the ability to modify the notice text that is printed on the form. This allows the Agency the flexibility of changing the text should policies or procedures change.
F. Drive-Away Notices: Contractor’s system automatically generates a “Drive Away” notice when necessary. This notice is required by law to be mailed within 15 days after a violator “drives away” during citation issuance. Drive-Away Notices do not trigger any dates on the system and do not conflict with any current citation activity.
G. Parking Violation Reminder Notice: A pre-approved Parking Violation Reminder Notice is mailed at a time frame agreed to by the Agency. Notice form information:
Issuing Agency & Description Phone Number for Inquiries/Questions Registered Owner Name & Address Vehicle State & License Plate Number Vehicle Registration Expiration Date Vehicle Make/Color/Last 4 VIN Citation Number, Issue Date & Time Violation Location Notice Mailing Date Violation Description Due Date Instructions to Clear/Contest Citation Amount Due Before Due Date Amount Due After Due Date Consequences of Late Payment Consequences of No Payment (DMV Hold) Scofflaw/Repeat Offender Repercussions Payment Mailing Address Non-Postpaid Return Envelope Payee Name Inquiry/Payment Website Address
H. Vehicle Change of Ownership: Daily updates are conducted on citations when a change of ownership or notification of a rental, with bona fide proof is received. All prior name information is kept on the system for historical reference. Once these updates are made, another notice is mailed with the next notice run.
I. Partial Payments and Returned Checks: A second notice is mailed for bounced checks (adding a returned check charge established by the Agency), and for the balance due on partial payments.
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If no payment is received on these second notices, the system continues processing the citation through the penalty phase and additional notification.
J. Specific Noticing by Agency: Each of the issuing agencies within the County will have the ability to customize their notice text to provide the public with specific information by agency. In addition, the name of the issuing agency will appear on notices mailed for that agency.
K. Final Notice: Final notices are generated for citations remaining outstanding thirty (30) days from the mailing date of the Reminder Notice. The Final Notice informs the responsible party that the full amount indicated is due to avoid the withholding of the vehicle registration and further collection action.
L. DMV Hold Letter: DMV Hold Letters are sent to registered owners that have been on DMV hold for over 18 months. This letter is sent as a final attempt to collect the fines due. Also included with these letters are any other outstanding citations issued to the specific license plate.
12. ONLINE INQUIRY ACCESS.
A. Inquiry access is available using a PC and a secure Internet Connection 24x7. Real-time access offers County the most current database information. All transactions such as citation records, payments, dismissals, administrative adjudication information, notes, registered owner information and all other citation data are immediately displayed and can be printed if desired. County can have access to all of the San Mateo County Cities databases if desired.
B. Contractor’s system allows retrieval of information by citation number, license number, VIN number or full or partial name. This unique “full or partial name” feature allows the end user to inquire on a partial name which provides wider search criteria and more possibilities of locating the correct registered owner.
C. Contractor’s citation screens contain all pertinent information on each citation, all relevant dates, fines, penalties, registered owner (or contester) names and addresses, and notification information. Individual citation, history and license plate screens indicate other open or closed citations. Open citations qualifying the vehicle to be towed or booted are indicated. The current registered owner name and address is displayed and can be printed. VIN’s can be inquired upon, displayed and printed.
D. Detailed payment history is available on the History Screen. It contains detailed administrative adjudication information such as the current status of the appeal, letter dates, hearing dates, etc.
E. County staff and Contractor’s staff can enter, view and/or print “Notes” by a citation or license plate.
F. County’s staff can easily inquire on and update citation information using a single interface. Dismissals, administrative holds, payments, extensions and fine reductions can be completed by authorized staff. All access is granted by specific logon and password. For audit tracking, each transaction includes the ID of the person entering the transaction.
G. All dismissals, administrative holds and payments can be entered using a prior received date. Partial payments and write-off’s can be entered through this system as well.
H. County will have access to Financial Payment Totals. This allows authorized County staff to view deposits made by Contractor each business day for reconciliation purposes.
I. Contractor provides access to Handheld Ticket Counts to authorized County staff to view citation files sent to Contractor for uploading. This reconciliation process allows the County to compare citations sent to citations received and loaded into the County’s database each day.
13. INTERNET CAPABILITY FOR THE PUBLIC (pticket.com).
A. Contractor has a fully interactive web-based system which provides the public with online inquiry and payment access to parking citation information. Information provided to the public includes:
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Detailed citation information Adjudication information Contesting information Ability to pay single or multiple citations
B. Citizens accessing the www.pticket.com/“agencyname” site will find only specific information related to San Mateo County Cities and agencies. Data security is provided using industry standard 128-bit SSL encryption.
C. pticket.com notifies customers of the data security and privacy policies before accepting a payment. Customers are given the opportunity to read, and agree or not agree to the policies. If they agree, payment procedures will continue, if not, the transaction will be cancelled and alternative payment methods will be displayed. If a transaction is cancelled in this manner, none of the customer’s personal data will be stored.
D. There is no charge to County or the public for the public inquiry portions of pticket.com. However, fees do apply for the processing of payments through this website.
E. Visa and MasterCard Payments: The pticket.com website accepts parking citation payments by Visa and MasterCard over the Internet and interacts directly with the Agency’s database for Realtime update. pticket.com is capable of applying a service fee to the citation payment to cover the cost of credit card processing, thereby eliminating any credit card fees for the Agency. As an alternative to cover the cost for this service, County can choose to absorb the associated administrative and merchant fees; thereby allowing the public to pay by credit at no additional charge. These options allows County to provide the convenience of 24x7 credit card payment processing for citizens who choose to use it.
F. General parking citation information is also provided by choosing a link on the More Information section. This information is pre-approved by the Agency and can be viewed without entering a citation or license plate number.
G. The citation number, license number, issue date, due date (if applicable), status of the citation(s), amount due for each citation and the total amount due for the license plate are displayed.
H. Administrative Adjudication information is displayed on appealed citations at all levels (Administrative Review, Hearing and Civil Appeal).
I. This system also provides all necessary information on how to contest, mailing address and a phone number should the person need additional assistance.
J. pticket.com uses standard web forms to collect required data used for credit card transactions.
K. Upon approval of payment, a confirmation email is sent when an email address is provided.
L. Through the pticket.com website, Contractor provides an online appeals process for citations contested at the first level. All that is required of the Agency is a dedicated email address to which the appeals will be forwarded. A confirmation of a submitted appeal is emailed to the citizen. A “Note” indicating the date and time of the transaction is added to the Agency’s database upon receipt of an electronic appeal.
M. There is no charge to the Agency or the public for the public inquiry portions of this service.
14. SUPPORT.
A. Staff Support: Contractor provides in-house staff for all aspects of processing parking citations for the San Mateo County Cities and Agencies during normal business hours. User manuals for the citation system are provided during training sessions and clearly identify all steps required to access and use the system information. Additional training is provided to the Agency as requested throughout the term of the contract.
B. Technical Support: Turbo Data Systems, Inc. provides Agency staff with telephone support between 8:00 a.m. and 5:00 p.m. Pacific Standard Time (PST), Monday through Friday, except Contractor’s
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holidays. Our staff follows up on client requests to ensure an effective solution is provided in a timely manner. Support via email is also available during these hours.
15. INTERNET, SECURITY AND DATA BACKUP.
A. Internet & Security: Contractor’s network and security infrastructure provides secure and redundant access to all of Contractor’s systems including agency access to the Citation System, REPORTNet and pticket.com. The redundancy is based on dual internet links and dual firewall equipment that support automatic failover. Contractor takes every measure and every precaution to ensure that the data is managed and properly protected. We incorporate the highest industry standards security with a 128-bit SSL data encryption.
B. Contractor has a strict internal policy regarding the security of information. Access to information is confined to a select few individuals strictly on a need to know basis. Administrative staff has access for the purpose of verifying daily settlement and balancing. Our technology department is provided access to systems on an as needed basis to service the hardware and software and to support Contractor’s on-going operations.
C. All access to Contractor’s systems require at a minimum a unique username and password combination. This access is governed by rules associated with each user’s access level within the applications. By policy, usernames and passwords cannot be written down, nor stored in a computer anywhere, and as an added measure all passwords are regularly updated.
D. Data Backup: System backups occur daily. Contractor’s backup tapes are sent from Contractor’s Corporate headquarters to an off-site facility in southern California and a duplicate is sent to Contractor’s northern California facility in San Jose.
16. SCOFFLAW REPORT.
A. The scofflaw file is generated each day. The file contains the most current habitual offender list. The criteria making a vehicle eligible are flexible and can be changed. Some agencies are more lenient, allowing vehicles to obtain more than five delinquent citations before booting/towing as dictated by the California Vehicle Code.
B. Taking advantage of the multi-city contract, Contractor can provide a combined scofflaw list.
C. Contractor also provides the Agencies with a report containing detailed vehicle and location information, which includes all license plates that have accumulated five or more delinquent parking violations.
17. AUDIT. Upon request from the San Mateo County Cities, Contractor will hire an auditor to comply with California Vehicle Code Section 40200.3(b). Contractor has provided these audit services for clients in the past and Contractor’s processes and procedures have met the test of the auditors each and every time. Contractor will obtain a quote for the audit and submit it for approval of the San Mateo County Cities in advance of the start of any work.
18. COUNTY MEETINGS. Contractor agrees to attend County meetings as necessary and as requested by the County.
19. FRANCHISE TAX BOARD INTERAGENCY OFFSET PROGRAM. Although Contractor did not offer this service at the time this agreement was executed, Contractor has plans to implement it prior to 2006’s submission deadline for the 2007 FTB year (no later than August 2006). The process will work as follows:
A. Contractor will assist each Agency in filing the proper forms with the FTB to get started. Mid August is the timeline to send in the initial paperwork to the FTB to get started. Citations not otherwise collectible will be targeted for the FTB Program. Name and address information will be processed through a 3rd party provider to retrieve Social Security Numbers.
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B. All citation amounts due for each social security number will be combined. There is a $10 minimum for submission. Those with valid Social Security Numbers will be mailed a letter indicating that your agency plans to submit their names to FTB for an intercept of any tax refunds or lottery winnings to pay their liabilities.
C. A file of names, social security numbers, and amounts due will be forwarded to the FTB. FTB sends your agency a weekly detail report showing the intercepts that occurred that week. This information must be reported to Contractor immediately so we can clear the database of outstanding account.
D. Every month, the State Controller’s Office sends a warrant to city and county agencies for the intercepts that occurred the previous month. Contractor will notify FTB if there is a change in the case balance due to actions other than an FTB intercept. Your agency is responsible for issuing a refund to the debtor if FTB intercepts an amount that is more than the liability or intercepts money after the liability has been paid.
E. Each year, the FTB database for collections is cleared out in December, and new information will be submitted as outlined above.
F. The fees for this service are yet to be determined, and will most likely be based on a flat fee for the service rather than a percentage of the amount collected. The fixed fees will be for the retrieval of the SSN, the letter to be mailed to the violator and FTB adds and updates. County will pay the FTB directly for their collection service (historically $0.14 per account placed, determined each year by the FTB).
A. Automated Processing of Administrative Review Requests - Contractor has provided Administrative Appeal/Review & Hearing Tracking Services to Contractor’s clients since 1993 and the inception of California Vehicle Code 40215, which governs the processes for appealing parking citations.
B. Contractor’s Administrative Appeals process was designed to save agencies a significant amount of time, relieving the client’s staff of the day-to-day clerical tasks associated with the process. Contractor’s Administrative Appeals processing tracks relevant dates, automatically interfaces/updates the citation system, provides adjudication status on Contractor’s IVR (automated telephone system) and pticket.com (public website) and mails all notifications. Contractor coordinates with the Hearing Officer, schedule hearings and mail hearing notifications.
C. Benefits of Using Contractor’s Adjudication Service:
Automatically tracks each citation through the adjudication process. Dispositions (liable, not liable, liable for a reduced amount, etc.) are entered and updated. Automatically posts refunds to the citation database on dismissed citations that are already
paid and generates a request for refund which is forwarded to the agency. Automatically tracks due dates for contesting as described in CVC 40215 by interacting
with the citation database and the specific citation data. Interacts with other automated systems - IVR and citizen Website - pticket.com. Provides specific status on IVR and pticket.com on contested citations. Automated hearing scheduling. Contractor’s staff works directly with you and your hearing officer when scheduling in-
person hearings. Automated letter mailings which include – decisions (liable/not liable) at 1st and 2nd level
and also hearing notification letters which provide specific date, time, location and directions to the hearing.
Contractor stores and retrieves all paperwork. Contractor tracks all 1st level and 2nd level appeals to ensure timely decisions.
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D. Using this service has proven successful by having contested information easily tracked right in the parking citation database. All adjudication activities are tracked by the system and therefore are available to the public 24x7 online and by telephone.
E. The system tracks information pertaining to each citation contested through the administrative adjudication process and allows for updates as each citation progresses through the steps for contesting. The Administrative Review and Hearing Tracking System is fully integrated with the parking citation database and has complete inquiry capabilities.
F. All Administrative Review requests are entered in to the system within two (2) business days from the date of receipt.
G. Upon being placed on hold, all contested citations are forwarded to the appropriate Agency for determination with a disposition form.
H. For each level of the Administrative Adjudication process, once a citation has been upheld or dismissed, the system automatically generates a result letter containing information relating to the decision.
I. If a citation is dismissed and an amount has been paid, a refund request is forwarded to the appropriate Agency to be mailed with the result letter.
J. All documentation associated with the Administrative Adjudication process is filed and stored for two (2) years and then shredded.
K. Reporting: Reporting for the Administrative Review portion of the system includes a monthly report of Outstanding Administrative Reviews and the Administrative Adjudication Services report which provides a summary of the adjudication activities for the month.
L. Administrative Hearing Scheduling Services.
1. Payment of the citation fine is required at the time of hearing entry. In the case of indigence, the system allows an override to accept the hearing request without payment of the fine.
2. Contractor schedules in-person hearings based on Agency specific dates and times within the 90 day state requirement.
3. In-person hearing requests receive a hearing date notification letter with detailed instructions for the scheduled hearing. Contractor allows for one reschedule should it be requested of the citizen. A new hearing date notification letter is mailed with the new date and time once the hearing is rescheduled.
4. The hearing examiner receives a packet containing all documentation required for each hearing.
5. The hearing examiner records the decision of each hearing which is returned to Contractor to update the database.
6. Hearing schedules are available online for Agency viewing.
7. Reporting for the Administrative Hearing portion of the system includes a monthly report of Outstanding Hearing Requests.
M. Hearing Officer Services - Contractor’s staff coordinates with an independent Hearing Officer (provided by Contractor) regarding the dates and times for hearings to be scheduled. Contractor’s staff ensures that both the Hearing Officer and a room at the hearing location designated and maintained by the San Mateo County Cities are available three (3) weeks in advance of scheduling hearings. Contractor mails all Hearing Notification Letters to the citizens making them aware of when and where to appear. All Hearing Officers contracted by Contractor have met the requirements for Hearing Officers as outlined in the California Vehicle Code Section 40215.
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21. FILE STORAGE. All County’s files and documentation will be stored for two (2) years, and then shredded.
22. TRAINING AND SUPPORT.
A. Contractor provides complete and thorough training for all designated County staff having access to the system. Training consists of proper use and understanding of the software and Contractor processing procedures to assure quality service.
B. All documentation, manuals or forms required to successfully use Contractor’s system are provided to all authorized users of the system.
EXHIBIT B – PAYMENTS & RATES AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC, Page 20 of 22
EXHIBIT B PAYMENTS & RATES
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CONTRACTOR
In consideration of the services set forth in Exhibit A, County shall pay Contractor according to the following:
1. FEE SCHEDULE.
Per Citation/Processing Fee - Electronic (entered within 48 hours) $1.28 Per Citation/Processing Fee - Electronic (entered after 48 hours) $1.40 Per Citation/Processing Fee - Hand Written $1.40 Out of State Processing: Paid Off Windshield Notice No additional charge Additional Processing Required % of collections 25% Administrative Adjudication Processing - price per citation entering the process $3.60 Administrative Hearings $20 Reminder Notices per notice mailed $0.62 Final Notices, DMV Hold Letters, and Other Mailings $0.62 Credit Card by Phone and Internet Cost to City no charge Credit Card by Phone and Internet Cost to Public $3 Online System Access - City Personnel 1st workstation no charge Per month for additional stations $40 Online System Access - Public no charge Parking Information Portal and Online Reporting Access no charge Other Fees:
Advanced Collections 25% of collected
revenue Interagency Offset Program (through FTB): Charge for Notice to be determined Social Security Lookup to be determined Collected Revenue to be determined
EXHIBIT B – PAYMENTS & RATES AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC, Page 21 of 22
If postal rates change during the term of the Agreement, the compensation to Contractor shall be adjusted effective the same day as the postal rate increase by the same amount as the change in postage. This will affect the per notice prices of all services as well as the Administrative Adjudication Pricing. The formula for determining the amount to be added to the charge for each citation entering the Administrative Adjudication Process shall be: Number of letters sent in the Adjudication Process for the previous three months -------------------------------------------------------------- X Change in Postal Rate Number of individual citations for which those letters were sent, i.e., volume of appeals Should County require a performance bond, Contractor will prepay such cost and County will reimburse Contractor within 15 days upon proof of coverage and payment by Contractor.
ATTACHMENT I – 504 Compliance AGREEMENT: COUNTY OF SAN MATEO & TURBO DATA SYSTEMS, INC. Page 22 of 22
ATTACHMENT I
Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended The undersigned (hereinafter called the "Contractor(s)") hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended, all requirements imposed by the applicable DHHS regulation, and all guidelines and interpretations issued pursuant thereto. The Contractor(s) gives/give this assurance in consideration of for the purpose of obtaining contracts after the date of this assurance. The Contractor(s) recognizes/recognize and agrees/agree that contracts will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Contractor(s), its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Contractor(s). The Contractor(s): (Check a or b)
a. Employs fewer than 15 persons.
b. Employs 15 or more persons and, pursuant to section 84.7 (a) of the regulation (45 C.F.R. 84.7
(a), has designated the following person(s) to coordinate its efforts to comply with the DHHS regulation.
_____________________________________________________ Name of 504 Person - Type or Print _____________________________________________________ Name of Contractor(s) - Type or Print _____________________________________________________ Street Address or P.O. Box _____________________________________________________ City, State, Zip Code
I certify that the above information is complete and correct to the best of my knowledge.
_____________________________________________________ Signature _____________________________________________________ Title of Authorized Official _____________________________________________________ Date
*Exception: DHHS regulations state that:
"If a recipient with fewer than 15 employees finds that, after consultation with a disabled person seeking its services, there is no method of complying with (the facility accessibility regulations) other than making a significant alteration in its existing facilities, the recipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible."
RESOLUTIONNO. 063290
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA* * * * * *
RESOLUTION AUTHORIZING THE EXECUTION OF A FIVE-YEARAGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR PARKING CITATION
PROCESSING SERVICES
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of
California, that
WHEREAS, late last year a Countywide committee of involved local agencies
issued a Request for Proposals for parking citation processing services; and
WHEREAS, four (4) vendors were solicited and ultimately two vendors
responded; and
WHEREAS, it was determined that Turbo Data Systems, Inc would best serve
the County's needs; and
WHEREAS, both parties now wish to enter into an Agreement, whereby Turbo
Data Systems, Inc. will provide parking citation processing services, for a five-year
period commencing July 1, 2006 until June 30, 2011, at a processing rate of $1.40 for
each handwritten citation; and
WHEREAS, this Board has been presented with a form of such Agreement
and has examined and approved same as to both form and content, and desires to
enter into same:
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the
President of this Board of Supervisors be, and is hereby authorized to, execute the
Agreement with Turbo Data Systems, Inc. for and on behalf of the County of San
Mateo, and the Clerk of this Board shall attest the President's signature thereto.
* * * * * *
Regularly passed and adopted this 12thday of September. 2006.
A YES and infavor of said resolution:
Supervisors: MARK CHURCH
JERRY HILL
RICHARD S. GORDON
ROSE JACOBS GIBSON
ADRIENNE J. TISSIER
NOES and against said resolution:
Supervisors: NONE
Absent Supervisors: NONE
Jerry HillPresident, Board of SupervisorsCounty of San MateoState of California
Certificate of Deliverv
I certify that a copy of the original resolutionfiled in the Office of the Clerk of the Board ofSupervisors of San Mateo County has been delivered to the President of the Board of Supervisors.
{tt..w,~Ma e1. Peterson,DeputyClerk of the Board of Supervisors
COUNTY OF SAN MATEO Inter-Departmental Correspondence
SHERIFF’S OFFICE
DATE: September 21, 2006
BOARD MEETING DATE: September 12, 2006SPECIAL NOTICE/HEARING: None
VOTE REQUIRED: Majority
TO: Honorable Board of Supervisors
FROM: Don Horsley, Sheriff
SUBJECT: Agreement with Turbo Data Systems, Inc. for Parking Citation Processing and Adjudication Services.
RECOMMENDATION: Adopt a resolution authorizing the President of the Board to execute an Agreement with Turbo Data Systems, Inc. for County parking citation processing and adjudication services, for a five (5) year term expiring June 30, 2011.
VISION ALIGNMENT: Commitment: Ensure basic health and safety for all. Goal 7: Maintain and enhance the public safety of all residents and visitors.
The Agreement provides for the continuation of a uniform process for appeals, inquiries, and payment of citations throughout the County for the convenience of the public.
PERFORMANCE MEASURES:
Measure FY 2005-06 Actual
FY 2006-07 Projected
Number of citations issued by Patrol Deputies 10,850 11,200
Number of total traffic activities by Patrol Deputies (non-citation)
15,100 15,210
BACKGROUND: In 1999 the San Mateo County cities and agencies that issue parking citations came together to issue a request for proposal (RFP) for parking citation processing services. As a result of a change in State law that decriminalized parking citations, the County court system also transferred the responsibility for parking citations processing and collection to local agencies. Rather than form a joint powers agency, it was determined to be most efficient to issue a combined RFP with individual contracts for each agency. Through combining the volume of all ticketing agencies, it was believed that the participating agencies could receive the best processing rates and highest level of service. The San Mateo County Finance Officers Group took responsibility for coordinating with their respective agencies’ to be sure that the RFP addressed all necessary requirements. The City of Daly City served as the lead agency to develop the RFP and manage the process, including the hiring of a consultant to assist. Daly City is the highest volume issuer of parking citations within the County.
As a result of that process, Turbo Data Systems, Inc. was selected. All agencies in the County entered into individual contracts for services with Turbo Data. Those contracts expired on June 30, 2005. Turbo Data agreed to renew the contracts under the same terms and conditions for an additional year during which time the participating cities and agencies would determine what course to take for the future. After consulting with the Finance Officers Group and in turn polling the agencies, it was clear that the level of satisfaction with the current vendor was very high. However, it was also determined that it would be in the best interest of the agencies to issue a new RFP to be sure to receive the best services and pricing.
DISCUSSION: Daly City again took the lead in managing the process, including hiring a consultant to make necessary revisions to the RFP and manage the logistics and assist in evaluation of the responses. Four (4) vendors were solicited, and all expressed interest in responding. Ultimately, only two (2) vendors responded to the RFP. After careful review by the consultant, as well as the agencies that write greater that five percent (5%) by volume of the parking citations within the County, it was determined that entering into a new contract with the existing vendor, Turbo Data Systems, Inc. will best serve the needs of the County, including the fact that there will be no disruption in service or need for staff time to convert to a new vendor and system. Overall pricing, services and technology were essentially equal between the respondents. The existing vendor proposed rates that are comparable, and in aggregate virtually identical to, the only other vendor responding, and that are significantly below existing rates. As an example, per citation processing fees will be reduced from $1.46 to $1.28 per electronic citation, while hand-written citations will decline from $1.54 to $1.40 each (County issued citations are currently handwritten). Services include citation processing and collection by mail, telephone or website, multiple reminder notices, placing of DMV holds, appeals and administrative adjudication services, and optional advanced collection efforts. The contractor has assured compliance with the County's Contractor Employee Jury Service Ordinance, as well as all other contract provisions that are required by County ordinance and administrative memoranda, including but not limited to insurance, hold harmless, non-discrimination and equal benefits. County Counsel has reviewed and approved the Resolution and Agreement as to legal form.
FISCAL IMPACT: Costs for citation processing are anticipated to decline by approximately 9 percent overall while maintaining the same quality of service. Total fees paid to Turbo Data in FY 2005-06 were $33,664.33. The initial contract term will be for five (5) years with no increase in fees during that period other than direct pass-through of any postal rate increases. The contract contains an annual renewal provision after the initial term.
Agency Violation Description Fine LateFeeATHERTON 5204 CVC TABS ON VEH-FINE + PROOF REQ 36.00$ 42.00$
ATHERTON 22502 (A) CVC RT WHLS NOT W/IN 18i OF CURB 31.00$ 42.00$