HomeMy WebLinkAbout2000-210 Contract - Diamond Parking CONTRACT
Contractor services contract made on the date specified below in Recital A between the City
and Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Contractor: Diamond Parking, Inc.
City Hall Address: 1297 High Street
20 E. Main St. Eugene, Oregon 97401
Ashland, Oregon 97520
(541 ) 488-6002 Telephone: 541-343-3733
FAX: (541 / 488-5311 FAX: 541-345-7275
Date of this agreement: ¶ B: RFP date: April 1, 2000
November 10, 2000 Proposal date: April 25, 2000
~ 2.2. Contracting officer: Lt. Michael Bianca
I~ 2.4. Proiect: Parking Administration and Enforcement
I~ 6.1. Contractor's representative: Madison Taylor
~ 8.3. Maximum contract amount: not applicable
B. On the date noted above, City issued a request for proposals (RFP) for consulting services
needed by City for the project described above. Contractor submitted a proposal in response to
the RFP on the date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City
selected Contractor to provide the services covered by the RFP.
City and Contractor agree as follows:
A. Relationship of Contract Documents: In response to the RFP, Contractor submitted a
proposal which included a Scope of Service attached as Exhibit A and an Operations Plan
attached as Exhibit B. In addition, by letter dated October 26, 2000, Contractor amended its
proposal after meeting with the City on October 24, 2000. This letter is attached as Exhibit C. In
the event of any inconsistencies in the terms of this contract, Exhibits A, B and C, the RFP or
the Contractor's proposal, this contract shall take precedence over Exhibits A, B and C which
shall take precedence over the RFP and the proposal, unless Exhibits A, B, or C expressly and
specifically modify this contract.
1. Relationship between City and Contractor: Contractor accepts the relationship of trust and
confidence established between Contractor and City by this contract. Contractor covenants with
the City to perform services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals of Contractor's caliber in the locality
of the project. Contractor further covenants to cooperate with City, City's representatives,
contractors, and other interested parties in furthering the interests of City with respect to the
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project. In order to promote successful completion of the project in an expeditious and
economical manner, Contractor shall provide professional consulting services for City in all
phases of the project to which this contract applies, serve as City's professional consulting
representative for the project, and give professional consultation and advice during the term of
this contract. Contractor acknowledges that City is relying on Contractor to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning
ascribed to them in the construction industry, unless the context clearly indicates otherwise. As
used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer'' means the person specified in Recital A above or that person's
designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions,
reports, and other consulting services and products which Contractor is required to provide
under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and
end on completion of all services required by this contract unless sooner terminated as
provided in this contract.
4. Authority of contracting Officer: The contracting officer shall have the authority to act on
behalf of City in the administration and interpretation of this contract. The contracting officer
shall have complete authority to authorize services, transmit instructions, receive information,
interpret and define City's policies and make other decisions with respect to Contractor's
services.
5. Consultinq Services: Contractor shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and define
City's requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the
services, and act as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the
status of services.
5.1.5. Cooperate with other contractors retained by City in the exchange
of information needed for completion of the services and the project.
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5.2. Contractor shall commence performance of services within five days after receiving
written authorization from the contracting officer for work described in the RFP. Contractor shall
perform the services as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. Upon request of City, Contractor shall submit for City's approval,
a schedule for the performance of work elements described in the RFP. Each schedule shall
include allowance for periods of time required for City's review and approval of Contractor's
services. Each schedule, approved by City, shall become a part of this contract.
5.3. Contractor shall perform the services as an independent contractor in accordance
with generally accepted standards in Contractor's profession. Contractor shall be responsible
for the professional quality, technical accuracy and the coordination of all services performed by
Contractor. Contractor shall, without additional compensation, correct or revise any error or
deficiencies in the services that are caused by Contractor's negligence. City's review, approval,
acceptance of, or payment for, any of the services shall not be construed to waive any of City's
rights under this contract or of any cause of action arising out of Contractor's services. In the
event of any breach of this contract by Contractor or negligent performance of any of the
services, City's cause of action against Contractor shall not be deemed to accrue until City
discovers such breach or negligence, or should have, with reasonable diligence, discovered
such breach or negligence. The preceding sentence shall not be construed, however, to allow
City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
6. Assignment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision
of the person specified in Recital A above, who shall act as Contractor's representative in all
communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to
assignment of Contractor's employees to perform services if the requests are consistent with
sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the
possession or control of City and are required by Contractor for performance of the services.
7.3. City will arrange for access to, and make all provisions for Contractor to enter upon,
public and private property as required for Contractor to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Contractor, public agencies,
and others involved in the project.
8. Payment:
8.1. City shall pay Contractor for services and reimburse Contractor for expenses
incurred by Contractor in performance of services in accordance with a payment schedule to be
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submitted by Contractor and accepted by City. No reimbursement will be made for expenses (~),,,'~
that are not specifically itemized in this payment schedule without prior approval by the ~',
contracting officer.
8.2. Contractor shall submit monthly invoices to City for Contractor's services within tc.,-; 'r~Ek~'¢~
days after the end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum
specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the
State of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with
respect to the services including, but not limited to, provisions of ORS 279.312, 279.314,
279.316 and 279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a half pay for all overtime in excess of
40 hours in any one week, except for persons who are excluded or exempt from overtime pay
under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this contract
shall be the property of City. To the extent permitted by law, City shall, within the limits of the
Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its Contractors,
agents and employees against all damages, claims, expenses and losses arising out of any
reuse of plans, specifications and other documents prepared by Contractor without prior written
authorization of Contractor.
11. Records:
11.1. Contractor shall develop and maintain complete books of account and other
records on the services which are adequate for evaluating Contractor's performance.
Contractor shall maintain records in such a manner as to provide a clear distinction between the
expenditures and revenues related to the project and the expenditures and revenues related to
Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by City at
reasonable times, to verify Contractor's compliance with this contract. City shall have the right
to request an audit of Contractor's books and records by a certified public accountant retained
by City.
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12. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or other
expenses resulting from injury to any person (including injury resulting in death,) or damage to
property (including loss or destruction), of whatsoever nature arising out of or incident to the
negligent performance of this contract by Contractor (including but not limited to, the negligent
acts or omissions of Contractor's employees, agents, and others designated by Contractor to
perform work or services attendant to this contract). Contractor shall not be held responsible for
any claims, actions, costs, judgments, damages or other expenses, directly and proximately
caused by the negligence of City.
13. Insurance:
13.1. Contractor shall, at its own expense, at all times during the term of this contract,
maintain in force:
13.1.1. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and
non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than
the limits for claims made under the Oregon Tort Claims Act with minimum coverage of
$500,000 per occurrence (combined single limit for bodily injury and property damage claims)
or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made"
coverage will not be acceptable, except for the coverage required by subsection 13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the
commencement of any work by Contractor. Each certificate shall state that coverage afforded
under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30
days prior written notice has been given to City. A certificate which states merely that the
issuing company "will endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act
or obligation required by this contract within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day period, no
default shall occur if the party receiving the notice begins performance of the act or obligation
within the ten day period and thereafter proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written
notice to the other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this contract.
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14.3. If a default occurs, the party injured by the default may elect to terminate this
contract and pursue any equitable or legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the
State of Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may
terminate by giving Contractor written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Contractor
may complete such analyses and records as may be necessary to place its files in order and,
where considered necessary to protect its professional reputation, to complete a report on the
services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Contractor shall be paid for
all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled
to compensated for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address
provided for the City in Recital A above.
16.2. Notices to Contractor shale be addressed to the Contractor's representative at the
address provided for the Contractor in Recital A above.
17. Assignment: City and Contractor and the respective successors, administrators, assigns
and legal representatives of each are bound by this contract to the other party and to the
partners, successors, administrators, assigns and legal representatives of the other party.
Contractor shall not assign or subcontract Contractor's rights or obligations under this contract
without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Contractor.
18. Modification: No modification of this contract shall be valid unless in writing and signed by
the parties.
ContractorFed. ~";~BY ~'/~Z-?~-j~'~l~r''~°~'b'~.,rJ,.~;(,~f. ~<'.'- ~_""} Ci~
PAGE 6-CONTRACT
D~A~.Tf~ CO~NTENT
BY ~:~L-~_ ~
City De ~artment Head
Date: (~ --'f ~- OO
REVIEWED AS TO FORM
By / ~
City Legal Counsel Date:
SCOPE OF SERVICE
(Anything shown in red printing is showing some deviation from original as sent out by the
City of Ashland)
PATROL AREAS AND HOURS:
Patrol Areas: We will comply with this section and patrol sections
indicated on the Attachment A of the RFP.
1.2
Enforcement Hours Time/Day: Diamond Parking, Inc. understands the
hours of enforcement, including the need to patrol on Saturday. It is our
intent to provide as much coverage as possible during an employee's shift.
We plan to have a small office in the downtown area, as close to the center
of the activity as we can be. The PEO's will log in and out each day on the
Epson Hand Held Computer Unit (HHU), and will be paid based upon the
hours logged into the computer. The computer will track check-in/out
times, travel time, personal time as well as lunch time. The idea being, we
will not have an office that is across town where it takes an excessive
amount of time for our employee to be on the job.
10119/00 Pursuant to the meeting at the city council on October 18, 2000,
this paragraph is modified as follows. We will patrol the city a minimum of
38 hours per week. The times will be staggered to ensure checking is
accomplished Monday through Saturday.
1.3
1.4
1.5
Our proposal shows the hours of operations and additional service time
that does not exceed the criteria outlined in this section of the RFP.
We will be prepared for any addition service that may be required by the
City. Rates for hours above the base contract amount are shown in the
financial section of our proposal.
In most cases, snow might be the only weather that enforcement would not
be carried out since we might not be able to see designated spaces,
regardless, if the need arises we will seek approval before curtailing
service.
2.2
2.3
OPERATIONS METHODOLOGY:
Diamond Parking holds the customer or parking public in high regards as
well. Having been in the parking service business since 1922, our success
and longevity is credited in a large part to the parking public. Without them
we would not be who we are nor would we have continued to be the oldest
parking company in the world.
Consistent, impartial and uniformed treatment of the parking public and the
enforcement of parking rules and ordinances is a must for any successful
operation. Preferential treatment is strictly forbidden.
Employees will be trained in the City Ordinance and City Enforcement
Policies.
ENFORCEMENT DUTIES:
Patrol of Time Limited Zones: Our local manager will establish routes that
will vary from day to day. Alternating routes and times will be used.
Samples of proposed route start/end times are shown in Operations
Section of this proposal. Though routes will be altered, most time is
expected to be spent in the areas of town with highest volume and turn
over.
10119100: The proposed schedule showing start and end times will be
altered to meet a labor schedule of 38 hours instead of 57 hours as
originally proposed and accepted.
3.2
3.3
3.4
This section will be conformed to in its entirety. Electronic Hand Held
Computers (HHU's) are included as part of our proposal to the City of
Ashland. We will be able to write warning tickets, tickets and track vehicle
plates for scofflaws (Multiple unpaid violators).
Types of Violations: Our computerized ticketing system, at a minimum will
be able to provide all tickets as outlined in this section of the RFP.
Towing: This is another area of service that we can be of assistance. Our
System can track multiple violators and we have the capability to tow or
boot as the City so directs.
3.5
4.2
4.3
Reporting of Missing or Damaged Signage: Our HHU system is very user
friendly for this type service. We will have our PCO(s) record in the HHU
the date so requested as well as other items such as the need to have
graffiti removed from signs; signs that need replaced or possibly raised
sidewalks causing trip hazards.
CONTRACTOR SERVICE AND RESPONSIBILITES:
Court Appearances: Well within the scope of our services. I will be
suggesting that once the City and Municipal Court become familiar with our
system, it is possible they may elect, as did Medford, to simply allow us to
submit a computerized printout of the data associated with a specified
license plate in lieu of having the PCO present.
Complaints: Fits well within the scope of our services.
Fines and Collections: This section is understood and we will comply.
Appeal process: The process will be handled as per your outline in
your RFP.
Citation Process: our local manager will send fifteen day letters from
the local office.
10119/00: Per the meeting on 10118100 we will be sending two local
letters that the city currently sends.
Fine Amount: We understand the fine amount and the bail amount as
outlined in this section of the RFP.
Delinquent Fees: The Contractor or his subcontractor shall be
entitled to retain 35°,(, of the surcharge collected on tickets that are
paid on 8th day and after. Contractor will be entitled to retain $5.00.
Of the surcharge collected on the 31'tday and after. Contractor shall
be entitled to retain $7.50 of the surcharge collected on the 51~ day
and after provided the procedure outlined in our "Operations Plan"
is followed and Drico Recovery is allowed to add a collection fee. If
Drico is not allowed to add the collection fee, then we reserve the
right to retain $30.00 of the surcharge on or after the 51't day. $5.00
would go to the local DPS office to cover overhead, the remainder to
Drico Recovery.
4.4
Pre-enforcement Introductions: We feel this is an important part of the
project and we will comply.
4.5
Posters: This will be incorporated as part of our normal routes and if it is
deemed a sign or poster is in question it will be made part of the "Lot
Maintenance Report" and reported to our local Manager who in turn will
make a determination and as required, report to the City.
Vehicles: (5.1 through 5.5): At the time of this proposal, the plan is to walk
the routes. We believe walking is the best method while using a hand held
computer.
Personnel: (6.1.a through 6.1.i) Understood and will comply. Please refer
to the personnel section of our proposal and refer to the enclosed
employee handbook.
6.2
Issuance of Limited Commission: This will be the guideline for hiring of
employees along with the G-Nell test that we give to all prospective
employees.
6.3
Revocation of Limited Commission: This is understood and we will
comply.
6.4 Supervision: Understood.
Uniforms: (7.1-7.3): Please refer to employee section of our proposal to
view suggested uniforms and identification uniforms. Employees will be
in full and complete uniforms whenever they are on duty.
Training: (8.1-8.3) We understand the area of responsibility and will
conform. All employees will be indoctrinated as the to function of their job
responsibilities, customer service and job safety requirements. All
employees will be required to sign off the have read and understand the
sample question/answer training manual that is enclosed in training
section of the RFP.
Reports and Records: (9.1.a through 9.2) All records outlined in the RFP
will be maintained. Records of conversation, comments and complaints
are essential for monitoring employee performance and for follow-up for
customer service. The records requested as to number of violation,
warnings, impounds, etc is a minimum of what we will be able to provide.
Please refer to the report section of the RFP. Of course, all records will be
maintained for a minimum of three (3) years.
10. Routes: Please refer to the proposal section entitled "operations".
11.
12.
Supplies: Our proposal encompasses all supplies required to fulfill the
terms of the contract.
City Rights: We understand all parts of this section and will comply as
outlined.
DIAMOND PARKING OPERATIONS PLAN
Diamond Parking proposes to fumish all labor, material and supervision to
accomplish the work as outlined in the RPF Scope of Services and this
operational plan as modified or negotiated with the City of Ashland.
LABOR HOURS AND SHIFT SCHEDULES:
We are proposing to provide 9.5 hours of on street checking per day, Monday
through Saturday except for the holidays as outlined in the RFP. The proposed
labor will be utilized in such a manner as to provide maximum coverage during
the peak parking times, in peak areas.
10119100: Labor adjusted to 38 hours per week per this new proposal.
Two bar charts showing two typical weeks is enclosed at the end of this section.
The schedule for each day is based upon utilizing two people to provide the
desired coverage, 9.5 hours per day.
10/19100: This will be modified to reflect the new labor hours. Routes will be
established so at to get coverage at various times Monday through Saturday.
MANAGER:
Our plan calls for us to utilize our manager, based in Medford. She will manage
the two part time persons in Ashland. This should work extremely well since the
manager lives halfway between Ashland and Medford. The manager will be
responsible for all clerical functions, phone calls, revenue collection and bank
deposit reconciliation on a daily basis.
ENFORCMENT PERSONS:
Monday through Saturday: According to the RFP, enforcement hours are between
8:00 a.m. until 5:30 p.m. This is a total of nine and one half-hours of coverage
per day, split between two employees. Our plan would be to have the first person
on sight and ready to start his or her route at 8:00 a.m. There are various
directions we can take to staff the nine and one-half hour shift. We may elect to
have one person work Monday-Wednesday nine and one-half hours per day, less
lunch and personal time. The other option would be to have two persons per day
each working 4.75 hours per day. This will depend upon partially upon the needs
of the employee when hired.
10/19/00: It is understood that citations can be written after the 5:30 p.m. time
provided the vehicle was logged into the system prior to 5:30 p.m. This being the
case, it will give flexibility for schedule start and end times, thus eliminating the
Parker from knowing the times the parking control person arrives.
This plan would provide for slightly fewer than 1.5 FTE hourly employees.
10119100: This is modified based upon the new hours of 38 hours per week. This
equates to .95 FTE employees.
The bottom line is the flexibility we will bring. Checking hours will be altered to
meet the parking demand.
CHECKING PROCEDURES:
Our proposal calls for us to have employees on the street patrolling from 8:00
a.m. until 5:30 p.m., Monday through Saturday. This equates to 57 hours of patrol
time per week less personal relief time.
10119/00: As early as 8:00 a.m. and as late as 7:25 p.m. Again, hours are to be a
minimum of 38 hours per week.
Diamond Parking management has had the opportunity to walk the downtown
area and review the entire area as shown on the map that was enclosed with the
RFP. We have determined that the entire city can be covered in approximately
one hour, possibly as much as an hour and ten minutes, depending upon the
number of vehicles in the downtown area.
We plan to assign "Lot Numbers" to each block being patrolled. For example;
L100W would be Lithia Way, 100 block, West side of the street. (The 100 block
may not be a real block number; it is used just to show the numbering system).
L100E would of course be Lithia Way, 100 block, East Side of the street.
Each parking space, yellow zone, fire zone, driveway, etc. will have a space
number assigned to it in the computer. By doing this, when a ticket is disputed
we can provide the municipal court a print out showing the exact times the
vehicle was parked, the exact block the vehicle was parked in and the exact
length of time the vehicle was parked.
Each block will be set up with a specified time limit that corresponds to the
posted time limit for the specific block. As our PEO walks the route they will log
into the Epson EHT 40 hand held computer the license plate number of a
particular vehicle parked in a particular space. The computer will associate the
plate with the time it was logged in. The PEO will continue his or her route
returning again to the vehicle that was logged in. If the same vehicle is parked in
the space the PEO simply logs it as the same car. If the computer recognizes the
vehicle has parked past the programmed time limit the computer will prompt the
PEO to issue a ticket. The PEO will simply follows the direction the computer
provides and issues a ticket. The ticket is then placed in a return by mail
envelope and left on the vehicle.
At the end of the shift, the PEO simply logs out of the computer, hands the
computer to the next shift employee who will log in and continue checking the
route without losing any data that had been collected by the first shift person.
When the second shift ends, the PEO will return to the office, log out of the
computer and leave. The manager will pick up the PC card from the computer,
and load the computer with a new PCMCIA memory card which will prepare the
computer for the next days activity.
The memory card removed for the computer by the manager will have its data
transferred to the database in the desktop PC where the records for the day's
activity will added to the existing database.
Sample reports available are shown in the report section of this proposal.
TICKET PROCESS:
Our PEO's will issue citations in accordance with the City of Ashland established
and/or amended ordinances for the infractions outlined in the RPF.
Tickets will be issued for but not necessarily limited to:
Overtime
Wrong Side of Street
Restricted Zone
Yellow Zone
Loading Zone
Crosswalk
Handicap Parking
Parking over 12" From Curb
72 Hour Parking Limit
Blocking Hydrant
Blocking Driveway
Other Violation
Each citation issued will have written on the citation the reason the citation was
issued. They will say "Yellow Zone", "Fire Hydrant" or "Past Two Hour Time
Limit". Sample ticket and ticket stock is shown at the end of this section.
I 10119100: City is to provide us the dollar amount to be used for each type citation.
According to the RFP, if a person receives 3 citations within a year, there will be
$25.00 added fee to the 4th ticket. The same applies to the 5~h ticket. If a vehicle
receives the $~ ticket within a year, an additional $50.00 will be added.
It is our understanding this part of the code is not necessarily being enforced
now however, Diamond Parking, with the aid of our computer program plans to
enforce this. Our computer system will tell us if this citation that we are about to
write is the 4th, 5th, or 6th citation within the past year.
10119100: We plan to start enforcing this from the beginning of our service. It will
of course take some time for us to build our database. The city could, if they
chose to, provide us a list of all the multiple violators that are now in their system
for us to manually input into our "Scofflaw" database thus starting this
enforcement from the very beginning.
CITATION PAYMENT:
Each citation issued will be placed in a self-addressed stamped envelope. The
address on the envelope will be, (Or other address as directed by the City)
Sample envelope shown at the end of this section.
City of Ashland Police Department
Citation Processing and Tracking
PO Box (?)
Ashland, OR 97520
10119/00: The address on the envelope would be Ashland Parking Enforcement,
PO Box (?), Ashland, OR 97520
The PO Box will be a Diamond Parking post office box. Mail will be picked up
daily or forwarded to our main office in Medford.
We plan to continue to use the existing violation payment drop boxes. Our
manager will ensure the violation payments are picked up and posted in a timely
manner.
10119100: It is possible that some people wanting to pay a citation will walk into
the police office or clerks office. We propose the city accept the citation payment
and stamp the outside of the envelope with the date and time received. This is
the date and time that will be used to record as payment and will be used to
determine if the citation is delinquent or not.
To start the operation. All tickets issued prior to the start of the contract date
would be turned over to the City if received by us. Any ticket issued after the.
start of that would have been hand carried into the City would be turned over to
us. This provides for a total separation of ticket accounting.
We are requesting the City to provide a list of plates that have outstanding tickets
that are unpaid so that we may create a scofflaw data base and not have to start
over with creating a data base of repeat offenders. The criteria for this data base
could be, for example, all outstanding vehicles with two or more unpaid tickets
over 30 days old.
When the citation is received, it will be opened. We will write on the ticket the
date the mailing envelope was postmarked and the amount paid. We then enter
the data into the PC indicating the citation was paid, the amount paid and the
date it was paid.
If a vehicle has more than one citation, for example, 3 outstanding citations and
payment is made for the third citation, or the latest citation, credit will be given to
the oldest citation first, leaving the third citation or the latest citation still
outstanding.
10/19/00: This means that some citation will go delinquent when the oldest
citation is given credit for payment. We will continue to try and collect the
delinquent revenue.
The plan calls for us to follow the procedure outlined by the City RFP. Payment
of the ticket is to be postmarked within seven (7) days. If postmarked on the 8th
day or after, the vehicle owner will be notified that the $10.00 delinquent fee is
still due. This same procedure will be followed on all subsequent delinquent fee
dates. For example, if an envelope was postmarked on 51't day, we would
attempt to collect the additional $50.00.
Per the City RFP, a letter, (we have a copy) is sent if a citation is not paid within
15 days. We are proposing in lieu of a letter, to use a postcard similar to what
we do in Medford. The primary reason is postage. Twenty cents verses thirty-
three cents. The card would have the same information as the letter.
Diamond Parking will handle all additional letters and collections efforts up to the
$t,~ day. All outstanding tickets that are 51 days old or older will be sent to Drico
Recovery who in turn will attempt to collect the $59.00. They in turn will add a
$5.00 search fee and a $20.00 collection fee on top of the $59.00 bringing the totsl
collection amount to $84.00.
BOOTING OR TOWING:
We understand and will conform to the Ashland Codes for Towing and Booting.
We understand that this has been a very limited activity for the City. If booting is
to be required as some point, it will be the responsibility of the City of Ashland to
provide the booting equipment. Diamond Parking will take the responsibility of
installing the boot, removing the boot and collection of the boot fee.
It is understood and is considered to be part of the contract that Diamond
Parking will held harmless from all actions that could our would be brought
against the City or Diamond Parking by some individual(s) who has had their
vehicle booted or towed.
SIGNS, MISSING AND DAMAGED:
Our PEO's will comply with the request to remove all unauthorized signs or
posters they come in contact with as they patrol their route.
In addition, our software has the capability of producing a "Maintenance List".
This list, provided as an added service to the City, will be compiled by the PEO as
they patrol their route. We will be able to log items such as missing handicap
signs, graffiti on signs, raised curbs causing trip hazards, etc. This report can
be faxed to public works or some other representative of the City for appropriate
action.
PRE-ENFORCEMENT INTRODUCTIONS;
For two or three days prior to the commencement of our enforcement efforts, our
Manager will walk the route and will visit the places of business. They will
introduce themselves to the business leaving information as to how we can be
contacted.
SET UP OF OPERATIONS:
Prior to the start contract start date we will set up an office and will have been
preparing to begin the enforcement. Once the start up date is confirmed, we will
hire and begin training of our employee(s) at our Medford operations. This will
familiarize the employee with the function of the hand held computer and the field
software. During the first day or so of actual on-sight enforcement in Ashland,
our manager will be working with the employee to ensure they understand what is
to be accomplished in Ashland.
All supplies, equipment, uniforms, etc will be on hand and we will be fully ready
to "Go to Work".
COURT APPEARANCE:
We will be ready, with advance notice, to have our employee and or manager
appear in court with back-up paperwork for the citation being appealed. This is
all covered in the contract fee.
It is believe that once the City establishes a relationship with us and we with the
City, the court may choose to just accept the computer print outs of the infraction
instead of having the PEO appear. Our PEO could only attest to what they have
recorded in the computer.
City of Ashland
1155 E. Main St.
Ashland, OR 97520
Request for Proposals
Parking Administration & Enforcement
Proposal #: 00-01
10/19/00 Revised
Supervision and Administration of Contract
Patrol Labor and Court Appearance
Labor Taxes and Benefits
Supplies, Equipment, Operational Costs, Overhead and Profit
$ 500.00
$1,317.33
$ 425.98
$1,506.69
Total Project Cost per month
$3,750.00
An hourly rate of $11.25 will be charged to the City for all additional labor hours
requested by the City that is above the 57 hours per week as included in our
proposal.
(A complete breakdown of each expense item above is shown on the next page)
SAMPLE VIOLATION
ENVELOPE
FRONT AND BACK
(Envelope used in Ashland would have our Ashland address)
(The Drico Recovery information would be removed)
EXCEPTIONS/CONTRACT ISSUES
Diamond Parking is a resident bidder as outlined in ORS 279.029(6)(b) and
has paid unemployment taxes and other taxes as defined by law.
Paragraph 13.4 states: Certificates of insurance acceptable to the City shall
be filed with City prior to the commencement of any work by the
Contractor. Each certificate shall state that coverage afforded under the
policy cannot be canceled or reduced in coverage cannot be made until at
least 30 days prior written notice has been given to City. A certificate
which states merely that the issuing company "will endeavor to mail"
written notice is unacceptable.
Diamond Parking can and does provide all coverage as described in the
RFP. The one exception we have is with the paragraph above. The last
line says "A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable."
Our insurance carriers will not issue certificates with the qualifying
language required by the City of Ashland as outlined above. Our policies
extend coverage to almost 1600 landlords, lenders, and other additionally
insured parties. The carriers refuse to take responsibility for notifying all
these parties of any change or cancellation of our insurance coverage.
The RFP states that an invoice will be sent so as to arrive by the 10th of the
month following the month in which the work was performed. Diamond
Parking will deposit all revenue collected in our bank account that will be
established at US Bank. Diamond Parking will retain the money collected
to defray the costs of the operation. A check for the balance due the City
will ~t sent by the 25t' of the following month. In the event the income
does not cover ~;~l= c~§t~ of o?.eration, an invoice will be sent which will be
payable within 10 daYS.
Diamond Parking is requesting the prepayment of $2,000.00 as a labor
operating fund. All other expense will be covered by Diamond Parking.
The RFP in one place says the contract will start on September 1, 2000. In
another place it says the successful bidder should be ready to start within
$ days of written contract award. As a matter of clarification, Diamond
Parking will be ready to start on June 1, 2000. We can start within 5 days of
written notification.
We are requesting a 3% CPI adjustment annually on the anniversary date of
the contract.
DIAMOND MUNICIPAL PARKING
Home Office: 3161 ELLIOTT SEATTLE, WA 98121
(206) 284-3100 · FAX (206) 285-5598
Seattle Office: (206) 284-6303
October 26, 2000
Mr. Michael Bianca
Ashland Police Department
1155 East Main Street
Ashland, Or 97520
RE: Enforcement Proposal Amendment:
Dear Michael:
Pursuant to our meeting October 24, 2000 Diamond Parking amends our proposal as
follows.
Diamond Parking will provide a minimum of 40 hours per week for the checking
service at no additional cost to the City. The cost of the service is $3,750.00 per
month. Diamond Parking will deposit all citation revenue in the bank and no later
than the 20m of the following month mail to the City of Ashland a check for all
citation revenue due the City of Ashland. In the event the citation revenue does
not cover the cost of the operation, an invoice will be sent for amount owed
Diamond Parking.
Diamond Parking agrees that beginning December 1, 2000 and running through
June 30, 2001, parking enforcement will be provided by Diamond Parking on a
trial basis. Beginning July 1, 2001, assuming the service provided is satisfactory
and both parties agree, the enforcement contract will be extended for a period of
not less than three years. The cost of the service beginning in July 2001 will not
be less than the cost indicated in the original proposal of $4,918.22, unless
otherwise agreed upon between both parties. The extended contract is to contain
a 3% annual CPI increase to offset Diamond Parking cost increases.
Diamond Parking will receive a portion of the citation delinquent fees as
stipulated in the proposal.
It will take about 4 months for delinquent revenue that is collected by the
collection agency to start flowing into the system. We will review the delinquent
dollars received and will agree to use up to 50% of the delinquent money to cover
added labor in an effort to work toward 57 hours of checking time.
Diamond Parking has agreed to add labor upon receiving a request from the City
of Ashland at the labor rate plus 24% for tax and benefits. The hourly rate
including tax and benefits will be one of five rates, depending upon the rate at
which we are able to hire employees. $8.68 ($7.00 hourly rate), $8.99 ($7.25
hourly rate), $9.30 ($7.50 hourly rate), $9.61 ($7.75 hourly rate) and $9.92 ($8.00
hourly rate). We will invoice the City of Ashland from our local office for this
additional labor.
It will be the City's responsibility to provide us a very small workspace. Large
enough for rain gear, hand held computer battery charging, etc. Something on the
order of 60 to 100 square feet.
Diamond Parking will handle all citation issued by the city police department.
Any citation issued by the city police should have the ticket placed in a drop box
at the police office. Diamond Parking will pick up the citations and input the data
into the desktop PC for tracking purposes. Any citation payment that has been
dropped offat the city police department should have the envelope stamped with
the date it was received. This date will be the date recorded in the PC as the date
the citation was paid.
Diamond Parking would like to have access to the scooter for limited use
however; costs for insurance and operational expenses were not budgeted as part
of the $3,750.00 per month. If the City of Ashland will cover the costs and name
Diamond Parking as additional insured, we would use the cart on limited bases. It
would be used only for getting from downtown to the University area and back.
We would not be using it for checking in the downtown area. Since this is a
seven-month trial, it is conceivable that if the use of the scooter proves to be
successful, the costs to operate could become negotiated as part of the extended
contract.
I believe this covers all the areas of our discussion, We look forward to working with
you and your staff I am...
Respectfully Yours,
Larry Sunffners
Regional VP
Diamond Parking
VENDOR: 003503
DIAMOND PARKING
1297 HIGH STREET
EUGENE, OR 97401
CITY OF ASHLAND
20 E MAIN ST,
ASHLAND, OF[ 97520
(541) 488-5300
DATE PO NUMBER
l 12/5/00
SHIP TO: City of Ashland - Police Dept.
1155 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 12/1/00
Special Inst:
Req. No.:
Dept.: POLICE
Contact: Lt. Michael Bianca - Police
Confirming? NO
Quantity Unit Description Un!t Price E~t price
THIS IS A REVISED PURCHASE ORDER
BLANKET PURCHASE ORDER I
7.00 mos Parking Administration & Enforcement~ 3,750.00 26,250,00
Date of agreement: November 10, 2000~ I
Beginning date: December 1, 2000~
$3,750.00 per month ~
Purchase order for 7 months ~
(Dec 1 -June 30, 2001) ~
balance of current fiscal year
2000-2001,
SUBTOTAL 26,250.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 26,250.00
ASHLAND, OR 97520
E 110.06.12.01.604160 26,250.00
A utno rlz.~j~5~g nat u re VENDOR COPY
CITY OF ASHLAND
REQUISITION
Department~.
"N° 2775
('Note: Please allow approximately two (2) week~ for delivery on items not
germmlly carried In atoms, and approximately two (2) months on printing jobs.
Item Quantity Unit De~criptlon Use of Purchelln~ Office Onl),
No. Unit Price Total Price I~0. No.
)
UNIT NO. ] he~ ce.i~ tba~ab~ it~s ~ .~ess~ ~r the operati~
JOB
NO.
of this de~. and ~ budg~ed.
Issued By Dale Received By
[ Karl Olson - Contract Parking serviCes ~__ __P~ge 1~
From:
To:
Date:
Subject:
Scott Fleuter
All Users
Tue, Nov 21, 2000 3:25 PM
Contract Parking Services
For those of you who did not know, the City has chosen to contract parking services in the downtown area
to Diamond Parking Services (the same company that does Medford). As of December 1st, the Police
Department will no longer be providing timed parking enforcement in the downtown core area. Please
contact Lt Michael Bianca if you have any questions.