RFP Title: Court Traffic Assistance Program

RFP Title: Court Traffic Assistance Program RFP Number: 13-19

REQUEST FOR PROPOSALS SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO

REGARDING: Traffic Assistance Program (TAP) RFP 13-19

PROPOSALS DUE: June 3, 2013 NO LATER THAN 3:00 P.M. PACIFIC TIME

of 17 RFP Title: Court Traffic Assistance Program RFP Number: 13-19

1.0 BACKGROUND INFORMATION

The Court issues this RFP pursuant to Vehicle Code § 11205.2 TRAFFIC ASSISTANCE PROGRAMS:

(a) As used in this chapter, a traffic assistance program (TAP) is a public or private nonprofit agency that provides services, under contract with a Court to process traffic violators or under contract with the department to assist in oversight activities.

(b) A Court may use a TAP to assist the Court in performing services related to the processing of traffic violators. As used in this section, "services" means those services relating to the processing of traffic infraction cases at, and for, the Court, including printing and providing to the Court and traffic violators hard copy county- specific lists printed from the department's Internet Web site, administratively assisting traffic violators, and any other lawful activity relating to the administration of the Court's traffic infraction caseload.

(c) The Court may charge a traffic violator a fee to defray the costs incurred by a TAP for traffic case administration services provided to the Court pursuant to subdivision (b). The Court may delegate collection of the fee to the TAP. Fees shall be approved and regulated by the Court. The fee shall not exceed the actual costs incurred by the TAP for the activities authorized under subdivision (b).

(d) This section shall become operative on January 1, 2013.

2.0 DESCRIPTION OF SERVICES AND DELIVERABLES

2.1 Services Provided. The San Bernardino County Superior Court is seeking qualified vendors to provide TAP services for traffic violators’ school. The San Bernardino Superior Court processes approximately 65,460 traffic school violations (TSV) each year. Total contract length shall not exceed (5) years consisting of an initial term of (3) years and with two (2) consecutive (1) year options for renewal, exercisable at the sole discretion of the Court, to meet the following requirements:

A. Vendor shall provide the Court with seven (7) qualified support staff and one (1) supervisor to assist the Court in processing traffic infraction cases. The staff shall be hired, monitored and supervised by the Vendor and shall work for the Vendor in the courthouses designated by the Court. Vendor’s staff may be deployed in Page 2 of 17 RFP Title: Court Traffic Assistance Program RFP Number: 13-19

any combination of five courthouses across the County: San Bernardino, Fontana, Rancho Cucamonga, Victorville, and Barstow. As shall be set forth in the contract resulting from this RFP, and as expounded upon further below, the Court may increase or decrease the number of staff and/or supervisors to be provided by the Vendor and expand or reduce the scope of work and work locations.

B. The services to be provided may include without limitation any combination of the following traffic school processing tasks:

1. Process the daily Traffic School completion list from DMV through the Traffic Violator Course Completion (TVCC) database. 2. Process Traffic School error list. 3. Send notice to defendants of past due Traffic School fees. 4. Daily review and processing of Traffic School cases on the Court’s E-Pay- It processing report 5. Daily review and processing of Traffic School cases on the Court’s E-Pay It Traffic School Extension/Payment Plan report 6. Initiate Traffic School payment plans and mail required forms to Defendants 7. Maintain Traffic School installment clerk’s calendar 8. File Traffic School Certificates within disposition boxes 9. Daily review and processing of Traffic School bail enhancement error reject list 10. Daily review and processing of Traffic School bail forfeiture exception list 11. Daily cash balancing of incoming Traffic School payments 12. Respond to email inquiries from public

C. Vendor shall handle any problems that occur in the performance of their duties in an efficient and timely manner in order to prevent any interruption in Court operations.

D. Vendor shall respond to any traffic school inquiry within one business day.

E. Vendor is responsible for selecting and hiring the staff to be provided to the Court. However, the Court may participate in interviews and/or provide feedback regarding the interviews.

F. The Court will require Vendor staff to undergo the Court’s standard background checks and drug tests at the Vendor’s expense. Persons who do not satisfy the Court’s background check requirements shall not be allowed to work on Court premises.

G. Vendor’s staff and supervisors will be required to comply with the Court’s Code of Ethics, dress code, personnel and computer use policies.

H. At least one staff member at each court location shall be sufficiently fluent in both English and Spanish as to be able to handle traffic infraction matters in both languages.

I. The Court will provide “train the trainer” training to Vendor’s representative. Vendor shall then be responsible for the staff’s initial training, as well as any additional training required on procedural changes.

J. Vendor shall provide supervision to oversee and train the staff. The Court may assist in training supervisors on how to process cases in the Court’s case management system.

K. Vendor’s staff shall wear Court-approved identification cards while on Court premises.

L. Vendor’s staff shall be required to comply with the Court’s security procedures.

M. The Vendor shall provide the Court’s project manager with a list of current staff. Any changes to the list of Vendor personnel providing services on court premises must be approved by the project manager in advance in writing, absent extenuating circumstances.

N. Vendor shall invoice the Court for services provided on a monthly basis.

O. Vendor shall provide the Court with a monthly financial statement of the actual Page 4 of 17 RFP Title: Court Traffic Assistance Program RFP Number: 13-19

costs of services. In addition to the hourly rates to be paid to staff and supervisors, this statement shall include any overhead and other operational expenses and documentation in support of those expenses.

P. The Court shall provide the work location, as well as any computers, telephones, utilities, and office supplies.

Q. The Court makes no guarantees or representations regarding the volume of traffic violators schools referrals and accepts no responsibility for monetary compensation due to lack of same except as provided in Section 2.2.

R. Vendor shall employ and assume all employer obligations required by law with respect to the clerk(s) to be provided pursuant to this agreement, including but not limited to wages, fringe benefits, taxes, worker’s comp and unemployment insurance. Vendor shall also hold the court harmless and defend its officers, agents and employees from all claims of losses which arise from any act or omission by the Vendor and Vendor’s employees or agents in the performance of this agreement.

S. The vendor agrees to provide a $50,000 bond for each employee placed in or frequenting any court location

T. Vendor shall be required to provide commercial general liability insurance, commercial crime insurance, workers’ compensation, and business automobile liability insurance as set forth further in Attachment 2 to this RFP.

U. Security Guarantees: Vendor will be required to establish data maintenance procedures comparable to processing and storage of financial transactions to protect the privacy of individuals and integrity of the Juror Information Database.

2.2 Changes in Staffing Levels. Service will begin at eight (8) vendor staff, including the supervisor. The Court reserves the right to increase or decrease the number of vendor staff based on workload needs or availability of funding. The Court shall provide a minimum of sixty (60) days’ notice to the vendor prior to increasing the required number of staff, unless the parties agree otherwise. The Court shall provide a minimum of thirty (30) days’ notice to the vendor prior to reducing the required number of staff, unless the parties agree otherwise.

2.3 Changes in Scope of Work. The Court reserves the right to expand the scope of work to include other duties related to the processing of traffic infractions. The Court shall provide a minimum of sixty (60) days’ notice prior to expanding or reducing the

scope of work, unless the parties agree otherwise. The Court shall work with the vendor to provide an acceptable training plan to vendor staff.

3.0 TIMELINE FOR THIS RFP

The Court has developed the following list of key events related to this RFP. All dates are subject to change at the discretion of the Court.

EVENT DATE

RFP issued May 17, 2013

Deadline for questions May 22, 2013

Questions and answers posted May 23, 2013

June 3, 2013 Latest date and time proposal may be submitted 3:00 PM Pacific Time

Anticipated interview dates (estimate only) June 4, 2013 (The Court may elect to conduct interviews at its sole discretion)

Evaluation of proposals (estimate only) June 4, 2013

Notice of Intent to Award (estimate only) June 5, 2013

Negotiations and execution of contract June 28, 2013 (estimate only)

Contract start date (estimate only) June 28, 2013

June 27, 2016 (initial term) Contract end date (estimate only) June 27, 2017 (first option) June 27, 2018 (second option)

4.0 RFP ATTACHMENTS The following attachments are included as part of this RFP:

ATTACHMENT DESCRIPTION

Attachment 1: These rules govern this solicitation. Administrative Rules Governing RFPs (Non-IT Services)

Attachment 2: Court If selected, the person or entity submitting a proposal (the General Terms and “Proposer”) must sign this Court Standard Form agreement or a Conditions Court Standard Form agreement containing these terms and conditions (the “Terms and Conditions”).

Attachment 3: On this form, the Proposer must indicate acceptance of the Proposer’s Terms and Conditions or identify exceptions to the Terms and Acceptance of Conditions. Terms and Conditions

Attachment 4: Darfur If Proposer has had business activities or other operations Contracting Act outside of the United States within the previous three years, Certification Proposer must complete the Darfur Contracting Act Certification and submit the completed certification with its proposal.

Attachment 5: Post-consumer Content - The State Agency Buy Recycled Post-consumer Campaign (SABRC) is a state mandated program that requires Content the reporting of all purchases made within 11 specified product categories. All businesses shall certify in writing to the contracting officer or his or her representative the minimum percentage, if not exact percentage, of postconsumer recycled- content (PCRC) material in the products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the minimum content requirements specified in law

Attachment 6: This document contains clauses that will be included in any Contractor contract which is the result of this invitation for bid. Certification Clauses

Attachment 7: Payee This form contains information the Court requires in order to Data Record process payments and must be submitted with the proposal.

Attachment 8: Payment Provisions Payment Provisions

Attachment 9: Standard Business Definitions, Terms and Conditions Definitions

Exhibit 1 Bidders Spread Sheet

5.0 SUBMISSIONS OF PROPOSALS

5.1 Proposals should provide straightforward, concise information that satisfies the requirements of the “Proposal Contents” section below. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis should be placed on conformity to the RFP’s instructions and requirements, and completeness and clarity of content.

5.2 The Proposer must submit its proposal in two parts, the technical proposal and the cost proposal.

A. The Proposer must submit one (1) original of the technical proposal. The original must be signed by an authorized representative of the Proposer. The Proposer must write the RFP title and number on the outside of the sealed envelope.

B. The Proposer must submit one (1) original of the cost proposal. The original must be signed by an authorized representative of the Proposer. The original cost proposal (and the copies thereof) must be submitted to the Court in a single sealed envelope, separate from the technical proposal. The Proposer must write the RFP title and number on the outside of the sealed envelope.

C. The Proposer must submit an electronic version of the entire proposal on CD- ROM. The files contained on the CD-ROM should be in PDF, Word, or Excel formats.

5.3 Proposals must be delivered by the date and time listed on the coversheet of this RFP to:

USPS Registered/ Special Delivery (Fed-Ex, UPS or Hand Delivery)

Superior Court of California County of San Bernardino CEO’s Office - Purchasing 303 W. Third St., 4th Floor San Bernardino, CA 92415-0302 5.4 Late proposals will not be accepted.

5.5 Only written proposals will be accepted. Proposals must be sent by registered or certified mail, courier service (e.g. FedEx), or delivered by hand. Proposals may not be transmitted by fax or email. 6.0 PROPOSAL CONTENTS

6.1 Technical Proposal. The following information must be included in the technical proposal. A proposal lacking any of the following information may be deemed non-responsive. a. Proposer’s name, address, telephone and fax numbers, and federal tax identification number. Note that if Proposer is a sole proprietor using his or her social security number, the social security number will be required before finalizing a contract.

b. Name, title, address, telephone number, and email address of the individual who will act as Proposer’s designated representative for purposes of this RFP. c. Background and Experience: Proposers should state their past experience with comparably sized contracts. Printing and mailing operations, past experience with Traffic Assistance Program processes and capacity to add the operations specified in this RFP to their current work load.

d. Minimum requirements:

 Public or private nonprofit agency.  Minimum of 5 years’ experience with Court Traffic Assistance Programs.  Confirm enrollment in the DMV Secure Electronic Violators School Course Completion database.  Ability to provide trained, bonded, and fingerprinted employees ($50,000 bond per employee).  Indemnifies the Court, its Officers, and Agents against litigations.  Participates in required continuing education.  Names, addresses, and telephone numbers of a minimum of three (3) clients for whom the Proposer has conducted similar services. The Court may check references listed by Proposer

e. Acceptance of the Terms and Conditions.

i. On Attachment 3, the Proposer must either indicate acceptance of the Terms and Conditions or clearly identify exceptions to the Terms and Conditions. An “exception” includes any addition, deletion, qualification, limitation, or other change.

ii. If exceptions are identified, the Proposer must also submit a red-lined version of the Terms and Conditions that clearly tracks proposed changes, and a written explanation or rationale for each exception and/or proposed change.

f. Certifications, Attachments, and other requirements. i. Proposer must include the following certification in its proposal: Proposer has no interest that would constitute a conflict of interest under California Public Contract Code sections 10365.5, 10410 or 10411; Government Code sections 1090 et seq. or 87100 et seq.; or rule 10.103 or rule 10.104 of the California Rules of Court, which restrict employees and former employees from contracting with judicial branch entities. ii. If Proposer has had business activities or other operations outside of the United States within the previous three years, Proposer must complete the Darfur Contracting Act Certification (Attachment 4) and submit the completed certification with its proposal.

iii. If Proposer is a corporation, proof that Proposer is in good standing and qualified to conduct business in California.

6.2 Cost Proposal. The following information must be included in the cost proposal.

i. A detailed line item budget showing total cost of the proposed services on the attached bidders spread sheet. Bidders are requested to use the exact form and/or format as the attached Exhibit 1.

ii. A full explanation of all budget line items in a narrative entitled “Budget Justification.”

iii. A total for all work and expenses payable for the scope of work presented.

NOTE: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

7.0 OFFER PERIOD A Proposer's proposal is an irrevocable offer for ninety (90) days following the proposal due date. In the event a final contract has not been awarded within this period, the Court reserves the right to negotiate extensions to this period.

8.0 EVALUATION OF PROPOSALS/NEGOTIATIONS

At the time proposals are opened, each proposal will be checked for the presence or absence of the required proposal contents. The Court will evaluate the proposals on a 100 point scale using the criteria set forth in the table below. Award, if made, may be based on the highest scored proposal or the Court may, at its sole discretion enter into negotiations with all the responsive bidders in accordance with the Judicial Branch Contracting Manual (JBCM) 2.1.G.4 to ensure that, “the Judicial Branch Entity (JBE) is receiving the best value or most cost-effective goods, services, information technology, or telecommunications”. These negotiations may be in form of a Best and Final Offer (BAFO) or a methodology that establishes a competitive range based on Bidder’s rankings following bid evaluations.

CRITERION

MAXIMUM NUMBER OF NOTE: THESE ARE SAMPLE CRITERIA. THE POINTS ACTUAL CRITERIA USED SHOULD BE TAILORED TO THE SPECIFIC PROCUREMENT.

Quality of work plan submitted 30

Experience on similar assignments 20

Cost 30

Acceptance of the Terms and Conditions 10

Ability to meet timing requirements to complete 10 the project

9.0 INTERVIEWS

The Court may, at its sole discretion, conduct interviews with Proposers to clarify aspects set forth in their proposals or to assist in finalizing the ranking of top-ranked proposals. The interviews may be conducted in person or by phone. If conducted in person, interviews will likely be held at the Court’s offices. The Court will not reimburse Proposers for any costs incurred in traveling to or from the interview location. The Court will notify eligible Proposers regarding interview arrangements.

10.0 CONFIDENTIAL OR PROPRIETARY INFORMATION One copy of each proposal will be retained by the Court for official files and will become a public record. California judicial branch entities are subject to rule 10.500 of the California Rule of Court, which governs public access to judicial administrative records (see www.courtinfo.ca.gov/cms/rules/index.cfm?title=ten&linkid=rule10_500). If information submitted in a proposal contains material noted or marked as confidential and/or proprietary that, in the Court’s sole opinion, meets the disclosure exemption requirements of Rule 10.500, then that information will not be disclosed upon a request for access to such records. If the Court finds or reasonably believes that the material so marked is not exempt from disclosure, the Court will disclose the information regardless of the marking or notation seeking confidential treatment.

11.0 DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION GOALS The Court has waived the inclusion of DVBE participation in this solicitation. 12.0 PROTESTS

Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contract Manual (see www.courts.ca.gov/documents/jbcl-manual.pdf). Failure of a Proposer to comply with the protest procedures set forth in that chapter will render a protest inadequate and non-responsive, and will result in rejection of the protest. The

deadline for the Court to receive a solicitation specifications protest is the proposal due date. Protests should be sent to:

Superior Court of California County of San Bernardino Financial Services – Aileen Yan, Accounting Manager Box 15005 San Bernardino, CA 92415-5005 13.0 CANCELLATION OF SOLICITATION: The Court may cancel this solicitation at any time in accordance with the Judicial Branch Contracting Manual (JBCM) 4.4.B, which states in part “Before a Bid Closing Date, the JBE (Judicial Branch Entity) may cancel a solicitation for any or no reason. After the Bid Closing Date, all bids may be rejected if the JBE determines that:  The Bids received are not really competitive  The cost is unreasonable;  The cost exceeds the amount expected; or  The JBE determines otherwise that awarding the contract is not in the best interest of the JBE