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HomeMy WebLinkAboutIPS Group, Inc - License Plate Reader with Ticket Writer OptionCONTRACT CITY OFYAKIMABID 12013 TICKET WRITER OPTION THIS CONTRACT, entered into on�edo����e�o�un.b�w�n#��City of aW�hi��nmun�pa| corporation ("City")Group, and |PSInc., (". - WITNESSBH:The parties, inconsideration of the terms and conditions herein, 'dnhereby covenant and agree as follows: 1. Scope qfServices The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred tnon^Gcmio*n"\according tothe procedure outlined inBid 12O12License Plate Reader System with Ticket Writer Option, Schedule 11 Specifications which are attached as Exhibit A, and the most recent applicable Standards, all nfwhich are incorporated herein bythis reference, and shall perform 'any alterations inoradditions tothe work provided under this Contract and every part thereof. Delivery and set-up shall bncomplete within sixty (60) business days after receipt ofpurchase order. ' The Contractor shall provide and bear the expense ofall equipment; wmrkand|oborofanysuhwhatsoevarthsdmay be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such aoare mentioned inthe specifications tobefurnished bythe City ofYakima, 2. Compensation _ The City agrees topay the Contractor according ho' Exhibit B.attached hereto and incorporated herein, which Exhibit includes the nd payment scheduleofitemized prices oolisted in the Contractor's Bid submittal atthe time and in the manner and upon the conditions provided for the Contract. . 1 Contract Term The period ofthis Contract shall Lmfor aperiod ofthree (3) years from its effective date. The extend the Contracton a year to year basis for up to two (2) additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party ofits intention to cancel. Any renewal will be conditioned upon u successful price negotiation. Prices shall remain firm for the first 3'yearterm ofthe Contract. 4. Changes Any proposed change inthis Contract shall bosubmitted tuthe other party, for its ' prior written approval. .Ifapproved, change will be made by a contract modification that will become effective upon execution by the parties hereto, Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, boanindependent Contractor and not enagent or representativeof City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns ' Neither the City, nor the Contractor, shall assign, transfer, orencumber any rights,dUtios.orintarents accruingfrom this Contract without the prior written consent nfthe other, , The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree 12012 Ticket Writing System Page 1 of 7 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. The City understands that the Contractor considers its proprietary rights related, inter alia, to the Contractor's software and the hardware specifications, are confidential and shall not be disclosed to third parties without the prior written consent of the Contractor. However, in the case where the City receives a Public Records Request pursuant to RCW 42.56. et,al., the City shall provide third party notice pursuant to the Public Records Act, 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services wit be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Guarantee/Warranty Contractor warrants the Services will be free from defects in material and workmanship for a period of one year (minimum) following the date of completion and acceptance of the Services and/or Equipment. Supplemental warranty terms are contained in the Contractor's standard warranty, a copy of which is included in Exhibit B, attached hereto and incorporated herein. 10. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. 12012 Ticket Writing System Page 2 of 7 Contractor must provide proof of a valid Washington Unified Business Identification (UB|) number. Contractor must have e current UB| number and not be disqualified from bidding on any public works d. Contractor must provide proof of o valid Washington Employment Security Department number as required byTitle 5OR0V e. Foreiqn(Nnn4Naohinqton)Corporations: Although the City does not require foreign onrporatepmpnoem to qualify in the City. County or State prior to submitting opmposa[ it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, priorto conducting any business in the City. 11. Nondiscrimination: During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion,nationo| origin, sex, age, marital status, sexual orientation, gender identity, pmO�non�va�xan'xn��u.00U�m!�0�honorbaUe�or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision nfServices under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such m|os, regu|aUona, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may bedeclared ineligible for any future City contracts. 12. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions inperforming the Services Voprevent injury hzpersons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, |ionn. liabilities, penalties, fines, |awouits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents, b, Ifany suit, judgment, action, claim ordemand arises out of, moccurs inconjunction whh.tho negligent acts and/or omissions ofboth the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share ofnegligence for any resulting ouit, judgment, anbnn, daim, demend, damages or costs and expenses, including reasonable attorneys' fees. c Contractor's Waiver nfEmployer's Immunity under Title 51RCW. Kany design nrengineering work is done pursuant tothis Contrao. Contractor intends that its indemnificabon, defenne, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary inTitle 51 RCW,Washington's Industrial Insurance Act. Accordingly, hnthe extent necessary to fully satisfy the Contractor's indnmnification, defense, and hold harmless obligations set forth above in Section A. Contractor specifically waives any immunity granted under Title 51 RCVV, and specifically assumes all potential liability for actions brought byemployees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have 12012 Ticket Writ! ng System Page 3 of 7 mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may beliable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their mopnnhwa employees. The provisions of this section oho|| survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or o right of indemnification in any third party. e. The terms ofthis Section shall survive any expiration mtermination nfthis Contract. 13. Contractor's Liability Insurance At all times during performance of the Oemimm and this Contract, Contractor nho|| 000um and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, |osseo, and expenses arising out nforresulting from the performance ofthis Contract. Contractor shall provide and maintain inforce insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a[ertifioateof|nouenooto8e City aoevidence of coverage for each of the policies and outlined herein, A copy of the additional insured endorsement attached to the policy will be included with the certificate, This Certificate of insurance shall be provided to the City, prior to commencement of work, Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation iomaintain such insurance, The following insurance isrequired: a. Commercial Liability |nMunmou Before this Contract iafully executed by the portiea. Contractor shall provide the City with ocertificate n[insurance muproof ofcommercial liability insurance with aminimum liability limit ufTwo Million Dollars ($2`008.000D0) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2.000.000.00 general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall beineffect for the duration ofthis Contract. The policy shall name the City ofYakima, its elected and appointed officials, employees, agonts, attorneys and volunteers as additional insunads, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yokima's review oracceptance ofinsurance maintained byContractor |s not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b Automobile Liability Insurance. Before this Contract is fully executed bythe parties, Contractor shall provide the City with acertificate of insurance as proof of automobile liability insurance with o minimum liability limit of Two Million Dollars ($2,000,000,00) per occurrence. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are ineffect. Said policy shall be|neffect for the duration ofthis Contract. The policy shall name the City ofYakima, its elected and appointed nfficia|n. employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel orchange the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, an well as City nfYukma's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any mannerlimit mqualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap): Contractor and all subcontractor(s) shall at all times oomph with all applicable workers' oompemsation, occupational di00000, and occupational health and safety |awo, otatuhao, and regulations hothe full extent applicable, and shall maintain Employer's Liability insurance with alimit nfUOless than 01,000.00O.00.The City oho|| not be held responsible in any way for claims fi|nd by Contractor or its employees for services performed under the terms of this Contract. Contractor ognaos to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all oobuonhactor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure ofoubcontractorshd to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect Vothose who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute ioit. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full hzmn and effemt, all work under the contract xhe|| be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract, Should acourt ofcompetent jurisdiction determine that this Contract is subject toRCVV4.24115.then, inthe event of liability for damages arising out of bodily injury to persons or damages to property caused byorresulting from the concurrent negligence ofContractor and the Ckv. its officers, elected and appointed officials, employeas, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence, 14. Sevwrabi|Uty ifany term nrcondition ufthis Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effectwithout the invalid term, condition orapplication, Tothis end, the terms and conditions ofthis Contract are declared severable. 15. Contract Documents This Contract, the Invitation to Bid 12012 Scope of Work, unnd0unu, addenda, and modifications and Contractor's proposal (0o the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2,d St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 16. Termination 'Convenience This Contract may be terminated byeither party bygiving sixty (60) days written notice ofsuch intent and will become effective sixty (60) days from the date such written notice is delivered to the applicable party to the Contract. 17. Termination 'Cause The City reserves the right Voterminate this Contract cdany time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unoaUofaotory, or upon failure to perform any of the tonnx and conditions contained in this Contract. Prior to the City exercising its right to terminate this Contract in terms of this section 17, City shall give written notice to the Contractor of the unsatisfactory Services or its failure to perform and afford the Contractor a 30-day period during which to remedy the unsatisfactory Services or breach. Shold the Contractor fail to remedy the unsatisfactory Gonicoo or bnauoh within that period, the City may send e notice of termination of this Contract, The 12012 Ticket Writing System Page 5 of 7 effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested, 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay, Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shalllie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: Robert Harrison, City Manager TO CONTRACTOR: City of Yakima City Hall —First Floor 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing COPY TO: City Hall —First Floor 129 North Second Street Yakima, WA 98901 Chad P. Randall Chief Operating Officer IPS Group, Inc. 7737 Kenamar Court San Diego, CA 92121 Patrick Smith Regional Director of Sales - West patrick.smithRipsoroupinc.com 23. Survival The foregoing sections of this Contract, 2-22 inclusive, shall survive the expiration or termination o accordance with their terms. his Contract in 12012 Ticket Writing System Page 6 of 7 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY)/1t*7AKIMA CITY CONTRACT NO: RESOLUTION NO: 12012 Ticket IPS GROUP. INC. ng System Page 7 of 7 Exhibit B — Scope of Services ENFORCEMENT/PERMITTING SYSTEMS CITATION ISSUANCE The Mobile Enforcement Solution from IPS Group is an easy -to -use handheld citation writer that ensures parking enforcement officers experience a convenient, quick and efficient citation issuance process. An officer can easily look up citation history, and once issued, citation information is transferred to a back office system for processing in real-time, While lightweight and portable, the N5 Print citation writer is also rugged for heavy-duty use, and can withstand extreme weather conditions such as rain, sleet, and snow, and is mud -resistant (an IP65 rating; Operating temps tested to MILL -STD 810F -20° to + 50° C). An integrated thermal printer produces easy -to -read tickets, and a magnetic strip and smart card reader is also included for payment collection. Other features include color photo syncing, e-chalking, and heat mapping. The Enforcement Solution is compatible with all Android devices and printer configurations. All features listed below are included: Features at -a -glance • Real-time syncing to secure/encrypted web services * Scofflaw and customized notifications * Customizable user dashboard • High contrast easy -to -read screen — even in harsh daylight conditions * Issuance and heat mapping * Type -ahead field input • Automatically populate fields • L.PR function • E-chalking for timed parking * GPS and color images • 2mp 1080p CC3fps color imager • Automatic software updates * Compatible with the latest Android operating system ENFORCEMENT MANAGEMENT SYSTEM The Parking Enforcement Management Solution by iPS is hacked by the Enforcement Management System (EMS), a real-time web -based enforcement application that allows officers to manage all steps of the citation process Iifecycle. Citation Entry via Handheld Mobile Device - Our Mobile Enforcement Solution is an easy -to -use handheld citation writer that offers a quick and efficient citation issuance process. Registered Owner Inquiry - DMV requests for registered owners are submitted each business day. Most registered owner information is retrieved within 48 hours of a citation being entered. Payment Processing - IPS provides a lockbox service where payments can be mailed by the public. IPS accepts VISA, MasterCard, Discover and American Express via the Public Portal website DMV Interface - The Enforcement Management System interfaces with NLETS (the National Law Enforcement Telecommunications Service) via highly -secured communication methods to ensure vehicle registration information such as holds and releases are obtained and processed quickly and accurately. Mailing of Notices - Notice are printed in color and provide importantinformation to the public regarding the citation details as well as containing all information required to submit payment. Telephone Customer Services - IPS trains staff with the ability to respond to calls received in English or Spanish. IVR - The Interactive Voice Response system (IVR) provides real-time, detailed citation information linked to the City's database in English or Spanish. Collections Bureau of America (CBA) 3rd Party Collections - CBA is a privately -held corporation with 5O+ years of experience in the collections industry. CBA is integrated with the IPS Enforcement Management System allowing for easy retrieval of citation data. Officers can easily obtain high-level citation summaries and additional information on cases including photos, notices and letters; and adjudications and voids. The Enforcement Management System also interfaces with the California. DMV and NLE'I'S (the National Law Enforcement Telecommunications Service) via highly secured and encrypted communication methods to ensure vehicle registration information such as holds and releases are obtained and processed quickly and accurately. Features at -a -glance integration with third -party parking services (pay stations, license -plate recognition technology (LPR), pay -by -phone applications) Cross -compatible interface across all operating systems and devices Option for manual citation entry Advanced search capability CITATION PAYMENT PORTAL Online Public Portal. The Online Public Portal is a website that allows citizens to access theirparking citation information in real- time. Citizens can review the current status of their citation, pay or obtain information on how to contest their citation, review fine amounts including late fees, and obtain additional information, Features at -a -glance Real-time access to citation status and transaction history Accepts all major credit cards Cross -compatible interface that supports all browsers and devices IPS accepts VISA, MasterCard, Discover and American Express via the Public Portal website. IPS provides all credit/debit-card processing via real-time authorization and processing. Credit/debit card payments are updated real-time to the citation records and receipts can be printed from the system for the public. Payments by credit card are accepted 24/7. The system secures immediate authorization from the processor; and immediately updates the permit in real time. The Public Portal website is fully PCI compliant. Citizens are allowed to submit an appeal online by enting all necessary information required by the City and given the option to upload any supporting documents with the request. PERMIT MANAGEMENT SOLUTION Our Permit Management solution offers your Agency the flexibility and convenience to manage the entire parking permit lifecycle from initial design through fulfillment via a true cloud -based system available 24/7. Online reporting of payments and other permit activities provides the Agency with maximum visibility to track and analyze data and better manage your entire permit program. Your Agency can improve the customer service experience offered to the public with our user-friendly Permit Public Portal. We offer convenient payment options, and the ability to print temporary permits upon purchase. Our solution provides the Flexibility of an unlimited amount of permit types and rates including residential, guest, and daily permits, offered in multiple formats such as decals, hang tags, or electronic permits. Gain peace -of -mind from eliminating old paper processes. Through one system you have fast access to the most current and accurate permit information by license plate number, location, contact name, or permit number, and order status, 24/7. Comprehensive online reporting of payments and other activities provides maximum visibility for more efficient management The permit system allows for real-time validation of vehicle registration inforrnation through integration with the Department of Motor Vehicles (DMV). Based on the business rules established by the Agency, the system has the ability to verify in real-time if the permit registrant's address is in the proper permit zone, as well as verify that the vehicle registration information matches the applicants desired permit zone. The IPS Permit Management solution works as a stand-alone solution, but can also seamlessly integrate with other parts of the IPS Ecosystem, including Enforcement Management, for one powerful fully -integrated solution. Combined, these solutions are scalable to expand capabilities and maximize efficiency of permit and citation management for any Agency. FEATURES • Comprehensive online reports exportable in Excel and PDF • Process and generate renewal letters • Provides temporary permits immediately • Waiting List Management • Secure log -in and access to permit information 24/7 • Online registration and permit ordering • Vehicle and permit data uploaded in real time • Void lost, damaged and stolen permits • Customizable interface to match Agency branding ADDITIONAL IPS SERVICES PERMIT FULFILLMENT: If a customer purchases their permit in -person at the Agency, our fulfillment center can ship the permit to the customer. The permits may be issued directly to the customer by the Agency if permit supplies are held in house. PERMIT PUBLIC PORTAL The Permit Public Portal makes it easier than ever for customers to purchase and renew parking permits online. The customer -facing website conveniently allows users to review rates and availability, apply for a permit, upload verification documents and pay online. Account creation is easy. Applicants create their account and include vehicle information, contact information, and payment information, which streamlines the application process and eliminates the hassle of mailing forms or waiting in line to complete the process in person. The System allows customers to upload any documents required by the Agency in order to complete their application, which is then verified by IPS or Agency staff. During the application review, Agency staff will view the uploaded files and approve or deny the application immediately. We will work closely with the Agency to determine the authentication requirements to include as part of the fulfillment process. Features at -a -glance • Online registration and permit ordering • ID/Password authentication • Submit application and pay for parking permit • Upload additional required documentation • Review status of permit application • Temporary permits available immediately • Access via any internet browser, on any web -enabled device • Payment accepted via any major credit card CUSTOMER SUPPORT PROGRAM IPS clearly understands the importance of ongoing project support and we encourage the City to speak with our references in this regard. We also understand that ongoing support is a critical element of any successful project and the basis of a long-term partnership. IPS is uniquely positioned to provide support services that will translate into the most responsive and comprehensive service offering available to the City. Help Desk & Ongoing Support: IPS will be providing telephone -based help desk services during standard business hours from 8 a.m. to 5 p.m. CST. IPS offers a toll -free telephone option (877.630,6638). Additionally, IPS provides after-hours service in case of emergency 24/7/365. Additionally, IPS will provide contact information for all IPS senior staff. • Online Help & Manuals: IPS provides online help tools, such as product manuals, frequently asked questions, and a portal to submit and track help tickets. IPS offers the online ability to monitor and track RMA status and view help and training videos. These tools can be accessed 24/7, Iist 4 144 • Onsite Support IPS will support the City with onsite project management and technical support during the implementation phase of the contract. Onsite support can be extended at the request of the City. Additional onsite support services can be quoted upon request. Spare Parts and Warranty Repair Services: Our US -based facility ensures that spare parts are immediately available to the City at any time. The warranty repair process is managed through the DMS. IPS can solve most repair issues over the phone or will some additional training of City staff. For repair services not able to be first achieved on -site by the Customer or by phone, these meters will be returned to IPS at 7737 Kenamar Court, San Diego, CA, 92121, for repair or rework and IPS will endeavor to ship within 3-4 weeks of receipt, depending on the quantities received and work schedules. ALL RETURNS REQUIRE AN "RMA" NUMBER prior to shipment to IPS in order to avoid additional delays. An RMA may be requested by contacting the responsible IPS customer support manager, by contacting the IPS Help desk, phone ((877) 630-6638 or (858) 404-0607) or email (customersupport@ipsgroupinc.com). All items returned to IPS must be securely package to avoid further damage in shipment and all shipments will be via Ground Freight Service unless expedited service and payment of associated fees are requested, Automated RMA tracking, including work performed to repair meters, can be viewed at any time using IPS meter management system. PRICING Our Mobile Enforcement Solution puts you in charge. Select a 1-piece or 2-piece design, Android or iOS operating system. IPS provides a quick and efficient citation issuance process. Electronic citations are immediately loaded into the Enforcement Management System (EMS) allowing timely access to citation information for your Agency and the public. IPS can also utilize existing agency Android and/or iOS devices or can supply new ones as provided below. Paper rolls subject to final volume, approval of artwork design and layout. Pricing does not include any applicable sales tax. IPS can utilize existing agency Android and/or iOS devices or can supply new ones as provided below. City can provide equipment separately if desired. IPS also supports 1-piece and 2-piece devices or any combination thereof. 1 PIECE ENFORCEMENT SOLUTION UNIT PRICE N5 Print Mobile Eriforcement Device $2,950,00 N5 Charging Cradle $199.00 N5 Spare Battery $199,00 N5 Carrying Case $50.00 N5 3-Year Warran 0 itiorial 2 PIECE ENFORCEMENT SOLUTION Samsung Note 8 with ruggedized case, charger, and cradle $750.00 UNIT PRICE 95.00 iOS iPhone 10 with ruggedized case and charger, and cradle $1,495.00 Zebra ZQ510 3in BT Printer (or equivalent) $895,00 Additional warranties or items to be priced as requested To be quoted Handheld Enforcement Support Mobile Enfoi cenient Solution Mobile Data Plan Units UnitPrice Per unit /per month $95.00 Handheld Support Per unit/Per month Software License (one-time fee) Per Unit Included Mobile Citation Paper (per roll) QTY 100 Per roll $11.95 Mobile Citation Paper (per roll) QTY 200 Per roll $7.95 Mobile Citation Paper (per roll) QTY 500 Per roll $5.95 Mobile Citation Paper (per roll) QTY 1000 Per roll $4.95 Plate Charges for Ticket Customization (One-time fee) Per plate $75.00 Estimated Travel Expenses for Installation Per trip $2,000.00 On -site training and installation Per day $600.00 Extended Development or Customization Per Hour $200.00 Enforcement Back Office and Processing Services Enforcement Management System Units Unit Pi ice One Time Setup Per Unit $5,000.00 Annual System License For EMS Per user Included Citation Issuing Fee Per unit $1.00 Manual Citation Entry Fee Per unit $1.00 RO Acquisition (local)* Per unit included RO Acquisition (out of state) Per unit $0.75 Delinquent Notice Processing fee (Includes Postage) Per unit $0.95 Delinquent Notice Processing fee with tracking (Includes Postage) Per unit $1.25 IVR Solution (Optional) Per month $250.00 IVR Record & Store Calls (Optional) Per call $0.50 IVR Call Transcription (Optional) Per call $1.00 LockBox Setup (one-time fee) Per unit $750.00 LockBox Operations Per Month $95.00 LockBox Mail -in Payments Per unit $1.00 Online & IVR Secure Credit Card Payments - Gateway Fee Note: Charged to the Public - assumes the use of the Client Merchant Account Per transaction $2.00 or 3% whichever is higher Optional: Hosted Merchant Account- Interchange Plus Fees referenced Note: Charged to the Public Per transaction $2.00 or 3% whichever is higher Additional Letters and Correspondence Per unit $1.25 1st Level Manual Adjudication Services (Online Appeals) Per unit $1.00 2nd Level Adjudication Hearing Services Per hour To be quoted *Local ©:tifV vies may be free based on ,Agency relationship with DML Pricing can var 'teased on this relationship. Ticket Collection Services Local DMV Collections (FTB processing) Advanced/Delinquent Collections Permit Management System Fee Schedule of amount collected 25% of amount collected 0/0 of amount collected 35% of amount collected Permits One Time Setup Units Per unit Unit Price $3,500.00 Per Permit Per unit $2.00 Permit Fulfillment (Verification) Per unit $2.00 Per Letter (Includes postage) Per unit $1.25 Online & IVR Secure Credit Card Payments - Gateway Fee *Charged to the Public - assumes the use of the Client Merchant Account Per transaction $2.00 or 3% whichever is higher NOTE: Pricing does not include any applicable slate or local taxes that are required to be paid by the City curren ly or in the jiaure. This pricing is FOB, City, of -Yakima, 07;9 98901. Sales taxes and shipping charges will be added to thefinal invoice. Public Customer Support and Call Center Service Phone, Email and Web Chat Per Minute ufe Cost $1.80 Integrations Integrations with Current 3,6- parties One-T'ine Development Fee ,. $0,00 $2,000.00 Ongoing Mo ee. $50.00 Integrations with New 3'6-parties $4,000,00 $2,000.00 $50.00 Customizations Extended Development or Cost Billing Period Customization Per Hour $200.00 Conversions Conversions Preferred Formats (CSV, Excel, SQL, Fixed -Length, Tab/Pipe) One -Time D elopnzent Fee $2,000.00 Non -Preferred Formats* $6,000.00 *Note: Additional fees may apply based on scope for required and/or whether proper documentation is included with the conversion data IPS Limited Warranty IPS will provide a limited parts warranty for any new meter or sensor product manufactured and supplied by IPS for 12 months under normal use. The warranty protects against defects in materials and workmanship from the point of installation or 15 months from the date of delivery, whichever is sooner, and 90 days from the date of delivery received in the case of spare or repaired products. Software Services are provided "as -is" and IPS shall provide bug fixes at no cost during the contract term. Additional Warranty Provisions: IPS must have the opportunity to assist in the initial deployment and system installation. Repair or replacement under warranty of any defective product (including any meter or subcomponent) does not extend the warranty period for that product or subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period, with transportation costs pre -paid by the customer, Returns for credit will only apply once IPS has received defective product (including any meter or subcomponent) and confirmed that defects were within the warranty period and are covered under the terms and conditions of the warranty provided. IPS strongly recommends that customers pre- purchase spare parts inventory for immediate access. Defective parts can be replaced immediately from customer stock and IPS shall replace such components upon receipt and determination of defect. On -site labor is explicitly not included in this limited warranty. Customer shall be sufficiently trained to perform all on -site work, including meter or sub -component removal/replacement IPS can provide additional on -site services under a separate maintenance agreement or quoted on an as -needed basis. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM REGARDING PARTS IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE AT THE SOLE OPTION OF IPS. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR OTHER MONETARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF A PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE. ANY LIABILITY INCURRED BY IPS IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE CONTRACT VALUE AS SET FORTH IN THIS AGREEMENT. Exclusions: Warranty voided with use of imitation or non -genuine IPS replacement parts, un-authorized alterations, abuse, vandalism, improper installation by customer, handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage. Warranty specifically excludes any consummable items such as paper, batteries, etc. Software warranty is void if usernames and/or passwords are shared with 3 rd parties, or allowance of 3rd party access to IPS software without IPS written consent. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any 3rd party hardware or software, whether supplied in connection with this Agreement or otherwise. Preventative Maintenance: The primary operational elements will be a working battery, card reader, coin validator and printer (if applicable). All product surfaces should be kept clean with mild soap and water. No harsh chemicals should be used on any plastic surfaces. The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. Batteries should be replaced when notified by the IPS Data Management System. At 6 month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader, coin acceptor or printer (if applicable) clear of debris, every 6 months. Additional preventative maintenance shall be administered by customer staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein. BID CONTRACT AMENDMENT NO, 1 BID CONTRACT: Bid 12012 Ticket Writer Option, City Contract No, 2020-210 DESCRIPTION: Addition of New Products CONTRACTOR: IPS Group, Inc. This AGREEMENT is an amendment to City Contract 2020-210 ("original agreement") between the City of Yakima, a Washington municipal corporation (hereinafter the "City") and IPS Group, Inc., a Washington corporation (hereinafter "Vendor") and collectively, referred to as the "Parties." This agreement shall be effective upon the date of last signature. WHEREAS, the parties have agreed to expand the original agreement per Expansion Clause, Section 11, Subsection 1.7 of the agreement to include additional equipment for purchase, therefore, In consideration of the promises contained herein, the Parties agree as follows: 1. The following equipmentshall be made available for purchase at the prices indicated on the attached price quote: • New Model FX, I.- piece handheld device with batter, hand strap and docking station. • New Model N5, battery (spare) and NS 3-year warranty. • New MS3 Multi -space Pay Station with; MSI pay by plate alphanumeric kepad. assembly, MS3 F„:MV card reader assembly, card reader cleaning card featuring Waffle technology 2. DOLLAR AMOUNT OF MODIFICATION: Initial Investment Ongoing Pay Station Fees S17,098.84 S25.00 Monthly Secure Gateway/Management Fee S0.13 Per Credit Card Transaction 3. Except as modified herein, all terms of the Original Agreement shall continue in full force and etTect. DATED this CITY CONTRACT NO: RESOLUTION NO:_ Date: Sales Quote #: Customer ID: GIWi..4F. 05/2512 IPS Group, Inc. 7737 Kenamar Ct San Diego CA 92121 Patrick Smith 609-513-6383 patrick.smitht ipsgrou it onro Shelby Barrett Yakima Air Terminal 2300 W Washington Ave 15,09) 576-6383 shelbv.barrett@vekirnawe,gov Salesperson Contract Payment Terrns Due Date PS Yakima Air Terminal - ENF and Permits Shipping Method Shipping Terms Delivery Date 1 HNDHLD XF 1-Piece Handheld Device (Android only) Includes battery, hand strap, and docking station 1 BATTERY N5 Spare Battery 1 WRTY N5 3-Year Warranty 100 PAPER Mobile Citation Paper (per roll) QTY 100 Pay Station 1 MS3 MSM MS3 Multi -Space Pay Station 1 SPARE MS1 Pay by Plate Alphanumeric Keypad 6x7 Assembly 1 SPARE MS3 EMV Card Reader Assembly 1 SPARE Card Reader Cleaning Card featuring Waffle technology (40) Per Box 1 LABOR Installation 1 SHIPPING Freight ONGOING CC TRANS To accept this quote please sign Purchase Order: Ongoing Pay Station Fees (Not included in Total Cost below) Secure Gateway/Management Fee (per month) Per Credit Card Transaction LINE TOTAL $ 3,950.00 $ $ 165.00 $ $ 550.00 $ $ 13.95 $ 3,950.00 165.00 550.00 1,395.00 $ 7,548.00 $ 7,548.00 $ 275.00 $ 275,00 399.00 $ 399.00 $ 65.00 $ 65.00 $ 950.00 $ 950.00 $ 611.04 $ 611.04 $ T N RESOLUTION NO THANK YOU FOR YOUR BUSINESS! $25.00 $ 25.00 $0.13 $ 0.13 Subtotal $ Sales Tax Total $ 15,908.04 8.30% 17,098.84 7737 Kenamar Court„ San Diego, CA 92121 I Tei. 858.404.0607 J Fax: 858.408.3352 I sales ipsgroupinc.com BID CONTRACT AMENDMENT NO. 2 BID CONTRACT: City of Yakima Bid 12012 Ticket Writer Option. City Contract No 2020-210. DESCRIPTION: Time Extension on installation and training of new equipment for the Yakima Air Terminal CONTRACTOR: IPS Group,Inc. AMENDMENT: This AGREEMENT is an amendment to City Contract 2020-210 and its Amendment No. 1 (collectively referred to as the`original agreement")between the City of Yakima,a Washington municipal corporation (hereinafter the "City") and IPS Group, Inc., a Washington corporation (hereinafter "Vendor") and collectively, referred to as the "Parties." This Amendment No. 2 shall be effective September 19, 2023. WHEREAS,the parties have agreed to further amend the original agreement to allow for additional time to complete the scope of work as outlined in Amendment 1 of the original agreement; and WHEREAS, the parties have agreed to also meet specific interim deadlines as outlined herein; now, therefore, In consideration of the promises contained herein,the Parties agree to amend the original agreement,as amended, as follows: Section 1:Amendment to Original Contract Amendment 1 delivery date. Each and every one of the items listed in Amendment 1 to the original agreement shall be completed on or before October 16, 2023. Section 2: The following items are added to the scope of work of the original agreement, as amended, with the listed dates for completion: 1. Back Office Management Review/Training - Completed by Oct 11, 2023. 2. Kiosk installed and fully operational, with all QA/QC accomplished - No later than Oct 13, 2023. 3. Permit Portal live and operational -No later than Oct 12, 2023. 4. Park Smarter App partially operational with 2 virtual locations -No later than December 15. 2023. S. Park Smarter App fully operational and integrated with the kiosk-No later than January 14, 2024. 6. IPS Agrees to waive credit card fee transaction from the app for the first 8 months of use due to lack of integration of the app and the kiosk. If the dates in Section 2 contradict those in Sectionl, the dates in Section 2 shall prevail. Section 3: Except as modified herein, all terms of the Original Agreement, as amended shall continue in full force and effect. DAIF.D this I fit) day of C)C , , 2023. CITY O AWMA.4_:____ IPS Group, Inc. By: By: ^ice /. City Manager Name:egg 1,.%) ales ( /_ Tit1e:$ GAit1,, coo wSe . Date: LD 6 1( l a Date: /O-42-20.13 ATTEST: _..�..�, I Ri_L.L,;i hi , . 1)4. it',( / •',_*�•••• 111 City Clerk * (SEAL I i 'il1 Contract No. 2020-210 0,102A 1h1��S-. ati• '2 in-4 •••‘..,