Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023. Bids received after said date and time will not be considered under any circumstances.
BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.
If you have any questions regarding this bid, please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/bacc/ Q&A forum. Preliminary bid results will be available via our electronic bid platform shortly after the opening date and time.
2. INSTRUCTIONS TO BIDDERS
To receive consideration, bids must be made in accordance with the following instructions:
2.1 Bid Contract Documents
Bids must be submitted only using the forms provided in Section IV, Bid Contract Documentsthat includes the following: Bid Form, Standard Agreement, and Non-Collusion Affidavit, collectively, the bid contract documents. Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/. Do not submit the Worksheet. Bid prices submitted on Worksheet will NOT be accepted. All items in the bid contract documents must be filled out completely, signed and dated. The bid contract documents may be rejected if they show any omissions, alterations of form, the addition of 5 #7..
- 486 -
information not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components of the bid contract documents:
• A completed and signed Bid Form, including all the attachments requested; • A fully executed Standard Agreement, including references and acknowledgement of receiving any and all addenda, with any deviations duly noted;
• A fully executed Non-collusion Affidavit.
• The information required by Section 2.21 as referenced in the Bid Form. • Name and address of any Third Party Hauler as required by Section 2.5 and the Bid Form, as well as the affidavit referenced in the Bid Form.
Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Items section).
2.2 Estimated Quantity
The quantities indicated are estimates of anticipated usage for a 12-month period and are given for informational purposes only. Nothing in these estimated annual quantities must be construed as obligating any participating BACC agency to purchase specific quantities, as these quantities may vary depending on actual operating conditions and demands during the contract term. All participating BACC agencies reserve the right to purchase any volume of the chemical listed, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased. For this particular bid solicitation, the estimated annual chemical quantity of each participating member agencies is listed in Section III-1, Estimated Annual Quantities.
2.3 Delivery Locations
The participating BACC agencies are grouped according to their location by relative geographic region.
The bidder must quote uniform bid prices for deliveries made to each of the distinct geographic regions.
For this particular bid solicitation, the distinct geographic regions for each agency are defined in Section III-1, Estimated Annual Quantities, as well as in Section III-2, Delivery Details.
2.4 Bid Pricing
All bids submitted must include a base unit price, FOB destination, for the chemical for each geographic region per paragraph 2.3 Delivery Locations. Bidders shall provide bid prices via the electronic bid platform https://bacwa.org/bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.
6 #7..
- 487 -
BACC agencies that use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC agency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes.
Bids that do not include unit prices for deliveries to each region shown on the bid form will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration.
Any optional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ and bidders may, at their option, submit unit prices for the optional item. Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.
2.5 Bidder Qualifications
A qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).
2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.
2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder. The bidder must provide the company or agency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide 7 #7..
- 488 -
references from BACC agencies. These references must be shown on the Standard Agreement contained herein.
2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/bacc/ by no later than 4:00 P.M. PT, Thursday, February 23, 2023. Electronic bids shall contain all required attachments and information. Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section). Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time.
Bidders not receiving confirmation receipt should contact the electronic bid platform vendor https://bacwa.org/bacc/ to make sure that their electronic submittal has gone through.
2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.
2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.
Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.
2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized 8 #7..
- 489 -
representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.
2.12 Proposed Deviations from the Specifications by the Bidder Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specifications will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.
2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.
2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason, including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating agencies in the past three (3) years will be rejected as non-responsive.
2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.
2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.
BACC has the right to delete terms or options from the bid contract documents and reserves the right to 9 #7..
- 490 -
reject any and all bids and to waive irregularities in said bids. The following is a non-exhaustive list of criteria that BACC may, in its sole discretion, consider in award of the bid:
a. Unit cost of the chemical
b. Product specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit
2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit included in the bid document.
2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing.
2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.
The samples may be subjected to tests to determine their quality and fitness for the intended uses.
2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies, bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award. 10 #7..
- 491 -
2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer, signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis of the chemical to be supplied, as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).
3. SPECIAL INSTRUCTIONS TO BIDDERS
3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.
3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC agency. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC agency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BACC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC agency, the successful bidder and/or the 11 #7..
- 492 -
firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.
3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean-up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed.
Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.
3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder. Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.
3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details and perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.
3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating 12 #7..
- 493 -
BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shall be invoiced with sales tax shown as a separate, itemized cost on the invoice. Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.
3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III-2, Delivery Details, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC agency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC agency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.
Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.
3.8 Force Majeure
Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification.
3.9 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.
3.10 Payments
13 #7..
- 494 -
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.
3.11 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.
3.12 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.
3.13 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.
3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows, however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum 14 #7..
- 495 -
Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.
Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.
Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.
Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.
Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC agency to ascertain the proper name or names of the agency specific entities to be included in the endorsements.
The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.
The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.
The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of insurance must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”
4. TERMS AND CONDITIONS
15 #7..
- 496 -
4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC agency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document, except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.
The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.
If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC agency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.
4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]). a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome 16 #7..
- 497 -
of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.
4.3 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.
4.4 Modification of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC agency and the successful bidder.
4.5 Common Language
Unless otherwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.
4.6 Proprietary Information
17 #7..
- 498 -
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.
Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.
4.7 Patent Guarantee
The bidder must, with respect to any bidder’s standard products, indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.
4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.
If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating agency, the participating agency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.
4.9 Term of Contract
The term of the contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2023, and expiring June 30, 2024, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC agency and the successful bidder.
4.10 Good Faith Bidding and Contracting
The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.
4.11 Termination of Contract
18 #7..
- 499 -
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.
4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.
4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, nor must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.
4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.
4.15 Competitiveness and Integrity
The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification. -END OF SECTION19
#7..
- 500 -
SECTION II
BAY AREA CHEMICAL CONSORTIUM
PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 05-2023
CITRIC ACID
20 #7..
- 501 -
PRODUCT TECHNICAL SPECIFICATIONS
CITRIC ACID, 48% – 52% LIQUID
1. Product
a. Liquid Citric Acid supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals - Health Effects. The NSF certification for the products bid must be current on the date of bid submittal. b. It is the responsibility of the vendor to inform each of the participating BACC Agencies (within 24 hours, from the time of verbal or written notification) that NSF certification has been revoked or lapsed. Loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract.
2. Quality
a. Liquid Citric Acid shall be within 48 - 52 percent by weight citric acid. b. Specific gravity of the solution shall be 1.24 (+/- 0.01). c. Material shall be homogenous liquid form.
d. Liquid Citric acid shall be free from contaminating substances which could interfere with normal operation of BACC Agency facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.
21 #7..
- 502 -
PRODUCT TECHNICAL SPECIFICATIONS
CITRIC ACID, CRYSTALLINE POWDER IN 50 LB. BAGS
1. Physical and Chemical Properties
The citric acid shall be in an anhydrous water-free form.
Appearance Crystalline powder, shipped in 50-pound bags on pallets.
Color White
Solubility Soluble in water
22 #7..
- 503 -
SECTION III – 1
BAY AREA CHEMICAL CONSORTIUM
ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 05-2023
CITRIC ACID
23 #7..
- 504 -
BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:
Water Wastewater
BID NO. 05‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Citric Acid 48% ‐ 52% Liquid gal 15,000 4,000
Central Valley
City of Modesto gal 0 4,000
City of Stockton gal 14,000 0
14,000 4,000
Sacramento
City of Yuba City gal 1,000 0
1,000 0
Citric Acid dry material lb 0 8,200
North Bay
Ironhouse Sanitary District lb 0 4,000
0 4,000
Tri Valley
Dublin San Ramon Services District lb 0 4,200
0 4,200
24 #7..
- 505 -
SECTION III – 2
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
FOR BID NO. 05-2023
CITRIC ACID
25 #7..
- 506 -
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 05‐2023
CITRIC ACID
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).
Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size
CENTRAL VALLEY
City of Modesto
City of Modesto
Jennings Wastewater
Treatment Plant
7007 Jennings Rd Modesto, CA
95358
Once a year 4,000 gal
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 3‐4x per month 270 gal
NORTH BAY
Ironhouse Sanitary District
450 Walnut
Meadows Dr
Oakley Bimonthly (every other
month)
660 gal (2 x 330 gallon
totes)
SACRAMENTO
City of Yuba City
Water Treatment Plant 701 Northgate Drive Yuba City 2x per year 500 gallons
TRI VALLEY
Dublin San Ramon Services District
Regional Wastewater Treatment
Facility
7399 Johnson Drive Pleasanton 1x per year approx 80 bags of 50‐lb bag (dry material)
26 #7..
- 507 -
SECTION III – 3
BAY AREA CHEMICAL CONSORTIUM
PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 05-2023
CITRIC ACID
27 #7..
- 508 -
BAY AREA CHEMICAL CONSORTIUM
BID NO. 05‐2023
CITRIC ACID
PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley
CITY OF MODESTO
1221 Sutter Ave Modesto, CA 95351
Ben Koehler Water Quality Control Supt./CPO [email protected] (209) 342‐4502
CITY OF STOCKTON
Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206 Kathryn Garcia Program Manager III ‐ Wastewater [email protected] 209‐937‐8232 North Bay
IRONHOUSE SANITARY DISTRICT
450 Walnut Meadows Drive Oakley, CA 94561
Thomas Hejza Plant Supervisor [email protected] 925‐809‐3033 Chris Christean Plant Manager [email protected] 925‐809‐3033 Susan Paz [email protected]
Sacramento
CITY OF YUBA CITY
Public Works Department 701 Northgate Drive Yuba City, CA 95991 Kevin Rivera Accountant 1 [email protected] 530‐822‐4645 [email protected] 530‐822‐4636
x3401
Lance Andes Water Treatment Chief Plant Operator
Amarjit Kaur Administrative Analyst II (Finance Dept) [email protected] 530‐822‐4659 [email protected] 530‐822‐3264
x 3303
David Newgard Wastewater Treatment Facility Chief Plant Operator
[email protected] 530‐822‐3264
x3301
Scarlett Harris Administrative Analyst II
[email protected] 530‐822‐4636
x3400
Terrance Pioro Water Treatment Plant Supervisor
[email protected] 530‐822‐3264
x3302
Mike Finnigan Wastewater Treatment Facility Supervisor 28 #7..
- 509 -
BAY AREA CHEMICAL CONSORTIUM
BID NO. 05‐2023
CITRIC ACID
PARTICIPATING MEMBER AGENCY CONTACT LIST
Tri Valley
DUBLIN SAN RAMON SERVICES DISTRICT
Regional Wastewater Treatment Facility 7399 Johnson Drive Pleasanton, CA 94588 Erin Steffen Management Analyst II [email protected] 925‐875‐2393 Virgil Sevilla WWTP Operations Superintendent [email protected] 925‐875‐2300 Dan Pettinichio Senior Water/Wastewater Systems [email protected] 925 404‐4524 Operator (Potable Water Distribution)
Diane Griffin Operations Compliance Manager [email protected] 925‐875‐2324 Clint Byrum Water/Wastewater Systems Superintendent [email protected] 925‐875‐2367 Jeff Carson Operations Manager [email protected] 925‐875‐2345 29 #7..
- 510 -
SECTION IV
BAY AREA CHEMICAL CONSORTIUM
BID CONTRACT DOCUMENTS
FOR BID NO. 05-2023
CITRIC ACID
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
30 #7..
- 511 -
BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 05-2023
SUPPLY AND DELIVERY OF CITRIC ACID
I hereby agree to furnish CITRIC ACID identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.
Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.
SPECIFIC DEVIATIONS:
This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.
Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document. 31 #7..
- 512 -
STANDARD AGREEMENT, PAGE 2 OF 2
BIDDER INFORMATION
1. Legal Name of Bidder:
______________________________________________________________________________
2. Bidder’s Street Address:
______________________________________________________________________________
3. Mailing Address:
______________________________________________________________________________
4. Business Telephone: _______________ Fax Number: ________________
5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________
6. Business License Number issued by the City where the Supplier’s principal place of business is located.
Number: ____________________ Issuing City: _____________________
7. Supplier Federal Tax Identification Number: ____________________________
8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________
9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________
10. References:
Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________
11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 32 #7..
- 513 -
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.
County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20
Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
33 #7..
- 514 -
BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 05-2023
FOR SUPPLY AND DELIVERY OF CITRIC ACID
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/bacc/
No later than 4:00 PM. PT
Thursday, February 23, 2023
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of CITRIC ACID must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc. Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement. Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).
II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.
III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.
34 #7..
- 515 -
Refer to paragraph 2.4 Bid Pricing for full details.
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.
BID NO. 05‐2023
CITRIC ACID
Worksheet
BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Bid Price per
Unit of Measure
Citric Acid 48% ‐ 52% Liquid
Central Valley gal $
City of Modesto
City of Stockton
Sacramento gal $
City of Yuba City
Citric Acid dry material
North Bay lb $
Ironhouse Sanitary District
Tri Valley lb $
Dublin San Ramon Services District
DO NOT SUBMIT WORKSHEET
ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
35 #7..
- 516 -
Bay Area Clean Water Agencies
Bid Results for Project 05-2023 CITRIC ACID
Bid Due on February 23, 2023 4:00 PM (PDT)
SINGLE BID AWARD
Section CITRIC ACID 48%-52% Liquid
Description Central Valley Sacramento
Unit of Measure gal gal
Pacific Star Chemical as a dba of Northstar Chemical 13.5000 21.3000 Univar Solutions USA Inc. 15.0000 15.0000
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifica bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a grou bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or op to reject any and all bids and to waive irregularities of said bids.
Single Bid Award
CITRIC ACID 48%-52% Liquid gal
Aggregate Cost Calculation: Central Valley Sacramento
Estimated annual quantity 18,000 1,000
Pacific Star Chemical as a dba of Northstar Chemical $243,000.00 $21,300.00 Univar Solutions USA Inc. $270,000.00 $15,000.00
#7..
- 517 -
CITRIC ACID dry material
North Bay Tri Valley
gal lb
22.1500 4.2500
11.0000 1.4000
CITRIC ACID dry material
lbs
Overall Cost
North Bay Tri Valley
4,000 4,200
$88,600.00 $17,850.00 $370,750.00
$44,000.00 $5,880.00 $334,880.00
48%-52% Liquid
esponsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive ating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the to the participating agencies as a group will be determined by BACC to be the low bid, assuming the BACC has the right to delete terms or options from the bid contract documents and reserves the right %-52% Liquid gal
#7..
- 518 -
Bay Area Clean Water Agencies
Bid Results for Project 05-2023 CITRIC ACID
Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: NONE
SINGLE BID AWARD
Item # BACC RECOMMENDATION
1 Received via bid platform by bid deadline above
2 Bids submitted on forms provided
3 Must include a base unit price for each geographic area 4 Additional charges for "short load" deliveries shown as a standard deviation on bid form
5 References: minimum of 3
6 Product Specification Deviations - if any, proposed specification must be attached 7 Fully Executed Standard Agreement
8 Fully Executed Non-Collusion Affidavit
9 For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
10 Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified
11 Name /Address of chemical manufacturer
12 Product Bulletin and Typical Properties
13 Safety Data Sheet (SDS)
14 Addendum/Addenda Acknowledgement
15 Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder 16 Specific Deviations Noted
NOTES:
#7..
- 519 -
Univar Solutions USA Inc.
Lowest Responsive Responsible Bidder
y
y
y
n
y
n
y
y
y
y
Univar, Redwood City CA
y
y
n/a
n
n
#7..
- 520 -
Northstar Chemical as dba of Pacific Star Chemical LLC
y
y
y
n
y
y
y
y
y
Northstar Chemical as dba of Pacific Star Chemical LLC, OR
y
y
n/a
n
n
#7..
- 521 -
Bay Area Clean Water Agencies
Bid Results for Project 05-2022 CITRIC ACID
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022
SINGLE BID AWARD
Section CITRIC ACID 48%-52% Liquid
Description Central Valley North Bay
Unit of Measure gal gal
Univar Solutions USA Inc. $12.00 no bid
Pacific Star Chemical as a dba of Northstar Chemical $21.60 $22.10 Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifica determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, a regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BAC complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract docu irregularities of said bids.
Single Bid Award
CITRIC ACID 48%-52% Liquid gal
Aggregate Cost Calculation: Central Valley North Bay
Estimated annual quantity 10,000 4,000
Univar USA Inc. $120,000.00 no bid
Pacific Star Chemical $216,000.00 $88,400.00
#7..
- 522 -
CITRIC ACID dry material
Sacramento Tri Valley
gal lb
$12.00 no bid
$21.30 $4.75
CITRIC ACID dry material
lbs
Sacramento Tri Valley
1,000 4,000
$12,000.00 no bid
$21,300.00 $19,000.00
ACID 48%-52% Liquid
esponsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be ency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be s or options from the bid contract documents and reserves the right to reject any and all bids and to waive ID 48%-52% Liquid gal
#7..
- 523 -
Bay Area Clean Water Agencies
Bid Results for Project 05-2021 CITRIC ACID
Issued on 03/18/2021
Bid Due on April 15, 2021 4:00 PM (PDT)
Exported on 04/15/2021
Section CITRIC ACID 48%-52% Liquid
Description Central Valley East Bay
Unit of Measure gal gal
Univar Solutions USA Inc. 7.1600 no bid
Pacific Star Chemical as a dba of Northstar Chemical 8.1900 9.5000 *Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has acce Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specific determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, a regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BAC in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and re #7..
- 524 -
CITRIC ACID dry material
North Bay Sacramento Tri Valley
gal gal lb
no bid 7.1600 no bid
7.5700 8.4800 2.0000
RIC ACID 48%-52% Liquid
ny indication that BACC has accepted such bid as responsive; see bid review for award recommendation. nsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and e bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids. #7..
- 525 -
BAY AREA CHEMICAL CONSORTIUM
Preliminary Bid Tabulation for Bid No. 05-2019
Supply and Delivery of Citric Acid
for the period FYE 2019/2020
Bid Open Date Tuesday, April 2, 2019 at 9:00 PDT
48% - 52% Liquid
Unit price per gallon
Crystalline Powder
Unit price per dry lb
Name of Bidder Central Valley North Bay Sacramento Tri Valley Univar USA Inc. $7.05000 $7.05000 $7.05000 No bid
Pacific Star Chemical $7.26000 $6.64000 $7.55000 $0.95000 Brenntag Pacific, Inc. $6.55000 $5.79000 $6.55000 $1.09000 Lowest responsive bid
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.
Single Bid Award
In gallon In dry lb OVERALL
Aggregate Cost Calculation: Central Valley North Bay Sacramento Tri Valley COST Estimated annual quantity 5,000 4,000 1,000 4,000
Univar USA Inc. $35,250.00 $28,200.00 $7,050.00 NO BID IRREGULAR Pacific Star Chemical $36,300.00 $26,560.00 $7,550.00 $3,800.00 $74,210.00 Brenntag Pacific, Inc. $32,750.00 $23,160.00 $6,550.00 $4,360.00 $66,820.00 lowest overall Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2018 Bid Awarded to: Northstar
Chemical Unit price per gallon
Unit price
per dry lb
Central Valley North Bay Sacramento Tri Valley
2018 Awarded Unit Price $5.59 $5.55 $6.27 $0.95
$ Increase/Decrease in 2019 $0.96 $0.24 $0.28 $0.14
% Increase/Decrease in 2019 17.17% 4.32% 4.47% 14.74%
#7..
- 526 -
BAY AREA CHEMICAL CONSORTIUM
Final Bid Tabulation for Bid No. 05-2018
Supply and Delivery of Citric Acid for Fiscal Year 2018/2019 Open Date: Tuesday, April 10, 2018 at 9:00 a.m. PDT
Unit price per gallon
Unit price
per dry lb
Name of Bidder Central Valley North Bay Sacramento Tri Valley Brenntag Pacific, Inc. $7.10000 $5.67000 $7.85000 $0.98500 Northstar Chemical, Inc. $5.59000 $5.55000 $6.27000 $0.95000 Univar USA Inc. $7.62000 $7.62000 $7.62000 no bid
Lowest responsive bid
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical.
The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.
Single Bid Award
In gallon In dry lb OVERALL COST
Aggregate Cost Calculation: Central Valley North Bay Sacramento Tri Valley Estimated annual quantity 3,600 4,000 1,000 1,000
Brenntag Pacific, Inc. $25,560.00 $22,680.00 $7,850.00 $985.00 $57,075.00 Northstar Chemical, Inc. $20,124.00 $22,200.00 $6,270.00 $950.00 $49,544.00 lowest overall Univar USA Inc. $27,432.00 $30,480.00 $7,620.00 #VALUE! #VALUE! Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2017 Bid Awarded to: Sierra Chemical Unit price per gallon Unit price
per dry lb
Central Valley North Bay Sacramento Tri Valley
2017 Awarded Unit Price $5.50 $5.50 n/a $1.08
$ Increase/Decrease in 2018 $0.09 $0.05 n/a -$0.13
% Increase/Decrease in 2018 1.64% 0.91% n/a -12.04%
No Sacramento region in 2017
#7..
- 527 -
BAY AREA CHEMICAL CONSORTIUM
Final Bid Tabulation for Bid No. 05-2017
Supply and Delivery of Citric Acid
Open Date: Tuesday, April 4, 2017 at 9:00 a.m. PDT
Name of Bidder
North Bay
Unit Price
Per Gallon
North Bay Cost
Estimated at 2,500
Gals
Tri-Valley
Unit Price
Per Dry Lb.
Tri-Valley Cost
Estimated at 1,000
Lbs.
Tri-Valley
Unit Price
Per Gallon
Tri-Valley
Cost
Estimated
at 1,980
Gals
Central
Valley
Unit Price
Per Gallon
Central
Valley Cost
Estimated
at 2,000
Gals
Total
Overall Cost
Univar USA Inc. $5.79 0 $5.79 $5.79 *
Northstar Chemical $6.44 $16,100.00 $0.98 $980.00 $6.44 $12,751.20 $5.59 $11,180.00 $41,011.20 Brenntag Pacific, Inc. $5.67 $14,175.00 $0.68 $680.00 $5.67 $11,226.60 $5.67 $11,340.00 $37,421.60 Sierra Chemical Co. $5.50 $13,750.00 $1.08 $1,080.00 $5.50 $10,890.00 $5.50 $11,000.00 $36,720.00 *Univar bid considered irregular - did not include a unit price for Tri-Valley in $/dry lb.
Lowest Overall Responsive Bid
#7..
- 528 -
BAY AREA CHEMICAL CONSORTIUM
Citric Acid
Single Bid Award
2012 2013 2014 2015
Brenntag Pacific Sierra Chemical Sierra Chemical Univar 48% - 52% Liquid Unit price per gallon
Central Valley $6.2100 $6.0100
North Bay $6.5000 $6.3800 $6.2100 $6.0100
Sacramento $6.0100
Tri Valley $6.5000 $6.3800 $6.2100 $6.0100
Crystalline Powder Unit price per dry lb
North Bay $1.2600 $1.1450
Tri Valley $1.2600 $1.1450 $1.2000 $1.1600
#7..
- 529 -
2016 2017 2018 2019
Univar Sierra Chemical Sierra Chemical Brenntag Pacific $5.7900 $5.5000 $5.5900 $6.55000
$5.7900 $5.5000 $5.5500 $5.79000
$5.7900 $6.2700 $6.55000
$5.7900 $6.2700 $6.55000
$0.5590 $1.0800 $0.9500 $1.0900
#7..
- 530 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 26, 2023
Date: June 10, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Contract and Formal Bidding Updates to the Modesto Municipal Code CONTACT: DeAnna Christensen, Director of Finance, [email protected] 209-577-5387
DESCRIPTION:
Consider an Ordinance amending Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for goods/services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works projects including the City Manager’s authority for emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow for electronic bidding and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
Modesto Municipal Code (MMC) Title 8, Chapter 3 governs the purchasing contract authority for city contracts as well as the various components of the City formal bidding process. Current MMC dollar limits for contract authority and formal bidding have not been updated in over 20 plus years.
In addition, formal bidding procedures can add an additional three to six months to the process, due to the facilitation of scheduling public bid opening schedules, formal bid document preparation and allowing sufficient time to allow bidders or proposers to prepare the formal documentation.
City staff would recommend increasing these limits due to the recent supply demand challenges and increased price inflation that is being experienced across the nation.
Solicitation of informal quotes or bids/proposals are required for purchases and services between $3,500 through $50,000. All informal quotes go through the department management review as #8..
- 531 -
Finance Committee, June 26, 2023
Contract and Formal Bidding Updates to the Modesto Municipal Code
well as a review by the Purchasing Buyer to ensure purchasing compliance, as well as the Purchasing Manager for quotes/bids above $10,000 and the Director of Finance for those above $50,000. If any of these limits are adjusted, the purchases would continue to fall under the solicitation of informal quotes or bids/proposals. Purchasing policies will define the requirements of obtaining informal quotes to ensure City staff are soliciting competitive pricing.
As mentioned, the last MMC update occurred prior to 2002, when the limit was changed to the current limit of $50,000 for the City Manager’s purchasing contract and formal bidding authority.
Since that time, inflation based on the Consumer Price Index (CPI) has increased by over 80%.
Also defined in MMC section 8-3.102, are the guidelines for the public works projects which provide a higher City Manager contract authority limit due to the magnitude of the various projects.
This section currently lists very detailed and specific public works project-based which can vary from year to year. With the current language, this can be limiting with the recent increases to the Engineering New Record (ENR) CPI which has risen by 204% since 2002 as well as the change in project needs for all City departments.
Professional services are defined under MMC Title 8, Chapter 31. The MMC 8-3.204 provides exceptions to the Formal Bidding which includes professional services contracts. Even with this exception, there are certain types of professional services where multiple firms can provide services which should require at the minimum, an informal proposal solicitation to evaluate the competitive market.
The final area of the MMC related to purchasing and formal bidding that has been analyzed relates to electronic bidding. Currently, under the MMC 8-3.203 the formal bidding procedures do not allow for the City to accept bids and post bid results electronically. Under Section (d), bids must be sealed and identified on a paper envelope to allow for a public bid opening. Use of electronic bidding would be a quality service improvement to vendors in that it would allow them the option to submit bids electronically and continue to have the option to submit a hard copy. It would also allow the bid results to automatically be posted online.
DISCUSSION:
The Finance Department along with the City Attorney’s Office have been researching purchasing best practices and what other agencies currently implement in terms of the following:
Contract//Formal Bidding Authority Limits
Formal Bidding Process
End User Service Improvements (Internal/External Customers) Through this research, Staff has determined that changes and updates to the MMC were needed regarding the contract and formal bidding procedures outlined in Title 8, Chapter 3. Current MMC language ignores recent price inflation related to the CPI as well as supply demand challenges, needs updates related to advances in the use of current technology related to the bidding process, and needs minor updates related to streamlining the overall bidding process. 1 shall mean accounting, appraisal, architectural, auditing, engineering, environmental, information system services, land surveying, construction management, legal services, financial planning, medical or planning services or any service which is similarly professional, scientific, expert, or technical in nature #8..
- 532 -
Finance Committee, June 26, 2023
Contract and Formal Bidding Updates to the Modesto Municipal Code
The current City Manager contract authority and formal bidding is $50,000 for goods/services for non-public works project agreements. Increasing the limit for the City Manager contract authority and formal bidding will assist with facilitating a quicker turnaround for the needs of the departments allowing more time to be focused on larger value bids for larger projects. Quotes and informal bids/proposals will continue to be required for purchases made under this threshold.
Staff is recommending an increase from $50,000 to $100,000 for the City Manager contract authority and the formal bidding requirement for goods/services (excluding Public Works agreements).
Below is a chart showing comparable cities and their City Manager contract authority limits:
$50,000
$100,000
$250,000
$75,000
$100,000
$250,000
$40,000
$200,000
$100,000
$100,000
$75,000
$100,000
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Modesto
Stockton
Stanislaus County
Lathrop
San Bernardino
Sacramento
Bakersfield
Oxnard
Fremont
Lincoln
Manteca
Ontario
City Manager Contract Authority (Less than or equal to) Below is a chart showing comparable cities and their formal bidding limits:
#8..
- 533 -
Finance Committee, June 26, 2023
Contract and Formal Bidding Updates to the Modesto Municipal Code
$50,000
$100,000
$250,000
$75,000
$40,000
$250,000
$40,000
$100,000 $100,000
$150,000
$75,000
$200,000
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Modesto
Stockton
Stanislaus County
Lathrop
San Bernardino
Sacramento
Bakersfield
Oxnard
Fremont
Lincoln
Manteca
Ontario
Formal Bidding Limits (Greater than or Equal to)
MMC section 8-3.102 identifies public works projects have a higher City Manager contract authority limit. Purchasing Staff has worked with staff from the Public Works and Utilities Department Engineering Divisions to make updates to this section to simplify the language and update the list of public works projects to be more operational focused vs. project specific, by eliminating all project specific exemptions for projects that have already been completed. The changes will also increase the contract limit for exemptions to $600,000, unless the existing exemption already contains a greater amount, which aligns with the Engineering New Record (ENR) CPI that has increased to 204% since 2002. The City Manager’s authority for emergency projects will also be recommended to increase to $600,000 to mirror the public works projects contract authority change, and language will be added to clarify that work done by City forces up to $600,000 is not required to be formally bid. The changes above are all being made to simplify what is defined as a public works project while giving Council the ability to approve contracts that are in line with the growing costs that are being seen in the economy.
Formal bidding exemptions defined in the MMC Title 8, Chapter 3 related to contracts and formal bidding, currently exempt Professional Services. Staff is recommending the definition of Professional Services be expanded. Professional services should be solicited when more than one firm can provide this service through an informal or formal request for proposal/qualification process. If only one firm can provide this service, then it should fall under sole article/process/service procedures.
Staff would recommend adding two new exceptions to allow for reasonable amendments to existing agreements to: 1) extend the term of an existing agreement by no longer than 1 year to give the City time to conduct a new formal bidding process, and 2) modify the scope of services/goods covered by an existing agreement to include additional similar goods or services.
The final Staff recommended change to the MMC is related to the formal bidding process. Many government agencies have transitioned to allowing electronic bidding, especially during the midst of the COVID-19 pandemic. The City’s current public bidding software allows for the option to #8..
- 534 -
Finance Committee, June 26, 2023
Contract and Formal Bidding Updates to the Modesto Municipal Code
accept bids and post bids electronically, but the MMC does not allow this process to take place.
Staff is recommending updating the MMC to allow for electronic bidding as an option to vendors and for those vendors who are unable to submit electronic bids, they would still be able to submit a hard copy bid. Additionally, bid results would be automatically posted online, rather than necessitating the City Clerk to conduct a live virtual bid opening which limits the numbers of formal bids that can be conducted. This would create more efficiencies and increase the volume of bid openings possible. Other minor changes are proposed to clarify which requirements only apply to public works projects.
The proposed Ordinance changes are framed as improvements to the current contract and formal bidding process. The updates have been researched by staff from the Finance Department, City Attorney’s Office, Public Works, Utilities Departments with the goal to improve the process for not only internal users, but external users as well. Proposed changes are consistent with the policies of other jurisdictions and will allow for a more efficient process with the changing economic times the City is experiencing now and in the future.
FISCAL IMPACT:
In order to incorporate the proposed MMC changes, staff time will need to be spent updating the City’s Purchasing Policy and Purchasing Processes Manual to incorporate these updates. In addition, the Purchasing Division will need to coordinate with our current public bidding software vendor, PlanetBids to implement the option for accepting and posting bid results electronically.
The City currently pays $13,475 annually for the software maintenance and based on the features available, we expect to maintain the annual expenses with an anticipated increase of about 5% each year upon renewal.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Ordinance amending Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for goods/services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works projects including the City Manager’s authority for emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow for electronic bidding and forwarding to Council for approval.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Draft Ordinance
#8..
- 535 -
ORDINANCE NO. _______
ORDINANCE AMENDING TITLE 8, CHAPTER 3 OF THE MODESTO
MUNICIPAL CODE TO INCREASE THE CITY MANAGER’S AUTHORITY FOR ALL CONTRACTS AND PURCHASES ORDERS FROM $50,000 TO $100,000 FOR GOODS/SERVICES AND $600,000 FOR EMERGENCY PROJECTS;
INCREASING THE FORMAL BIDDING AUTHORITY FROM $50,000 TO $100,000; UPDATING THE LIST AND INCREASE THE CITY MANAGER’S
AUTHORITY FOR PUBLIC WORKS PROJECTS INCLUDING THE CITY
MANAGER’S AUTHORITY FOR EMERGENCY PUBLIC WORKS CONTRACTS TO $600,000; EXPANDING THE DEFINITION OF PROFESSIONAL SERVICES;
AND ADDING LANGUAGE TO ALLOW ELECTRONIC BIDDING AND
FORWARDING TO COUNCIL FOR APPROVAL
WHEREAS, Title 8, Chapter 3 of the Modesto Municipal Code establishes rules and requirements governing contracting by the City for goods, services, and public works projects; and
WHEREAS, the current dollar thresholds for formal bidding and the City Manager’s approval authority have not been increased in over 20 years; and WHEREAS, the City Council desires to increase the thresholds for formal bidding and the City Manager’s approval authority from $50,000 to $100,000; and WHEREAS, the City Council desires to update the list and increase the City Manager’s authority for public works projects, and increase the City Manager’s authority to approve emergency contracts for goods, services and public works projects to $600,000; and
WHEREAS, rather than identify numerous individual public works projects that have higher City Manager contract authority limits, the City Council desires to update the project list, including public works projects of up to $600,000 which are done by City forces; and
WHEREAS, the proposed ordinance would update the requirements of Title 8, Chapter 3 of the Modesto Municipal Code to allow for bids to be submitted #8..
- 536 -
electronically; and
WHEREAS, Modesto is a Charter City empowered to exercise full control over its municipal affairs, and subject only to limitations found in the Constitution and the City Charter; and
WHEREAS, the City Council desires to adopt the proposed ordinance in order to increase the efficiency of the City’s contracting procedures, while continuing to ensure that safeguards are in place to ensure that tax dollars are spent in a prudent, responsible, and economical manner.
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:
SECTION 1 AMENDMENT OF CODE. Section 8-3.102 “Contracting Authority”, Section 8-3.103 “Definitions”, Section 8-3.203 “Formal Bid Procedures”, Section 8-3.204 “Exceptions to Formal Bidding Requirements”, Section 8-3.402 “Filing of Bids”, and Section 8-3.403 “Opening of Bids”, of Chapter 3 of Title 10 of the Modesto Municipal Code are hereby amended to read as shown in Exhibit A, attached hereto and incorporated herein by reference (with additions underlined and deletions in strikethrough)
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and #8..
- 537 -
the balance of the Ordinance be enforced.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The proposed Ordinance is exempt from CEQA under the general rule in CEQA Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this Ordinance is posted.
#8..
- 538 -
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the __ day of _______, 2023, by Councilmember _____, who moved its introduction and passage to print which motion being duly seconded by Councilmember ______, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 539 -
FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____ day of _______, 2023, _____________ moved its final adoption, which motion being duly seconded by Councilmember ____________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
#8..
- 540 -
EXHIBIT A
additions underlined and deletions in strikethrough
8-3.102 Contracting Authority.
The City Manager may approve and authorize all contracts and purchase orders involving an expenditure of City funds in the total amount of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less. Except as noted below, no contract involving an expenditure in excess of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) may be authorized, approved or executed without City Council approval.
The one hundred thousand dollars ($100,000.00) fifty thousand dollars ($50,000.00) limit set forth in the preceding sentences does not apply to the following:
(a) Contracts for public works projects consisting of the improvement or modification of traffic signals or signal systems including those street improvements which are incidental to or related to the improvement or modification of the traffic signal. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00)two hundred fifty thousand dollars ($250,000.00) or less. (b) Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation or modification of any facilities funded by a Mello-Roos Community Facilities District and involving an expenditure of district facility taxes in the amount of three million dollars ($3,000,000.00) or less. The District Administrator may approve and authorize all contracts for such projects. (c) Contracts for public works projects consisting of the maintenance, repair, replacement, and improvement of existing water lines. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00)three hundred thousand dollars ($300,000.00) or less.
(d) Contracts for public works projects consisting of the installation and establishment of water service connections associated with new development. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00) seventy-five thousand dollars ($75,000.00) or less.
(e) Contracts for public works projects, purchases, and services consisting of repairs determined by the City Manager to be of urgent necessity for the preservation of life, health, or property. The City Manager may approve and authorize all contracts for such projects in the amount of six hundred thousand dollars ($600,000.00) two hundred thousand dollars ($200,000.00) or less. Within ten (10) days of the authorization for any such work, the City Manager shall report to the City Council the circumstances of the emergency.
#8..
- 541 -
(f) Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation, or modification of any facilities associated with development and installed by the developer provided:
(1) That an agreement is approved by the City Council prior to commencement of construction of the works.
(2) The agreement clearly defines the work to be done and the basis for reimbursement.
(3) That total reimbursement required by the agreement is less than six hundred thousand dollars ($600,000.00) four hundred thousand dollars ($400,000.00) in City funds.
(g) Contracts for public works projects done by City forces in the amount of six hundred thousand dollars ($600,000.00) or less.
(g) Contracts for public works projects consisting of the installation, construction, and improvement, of the Coffee-Claratina Dual Use Neighborhood Park/Storm Basin in the City of Modesto. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of one million five hundred thousand dollars ($1,500,000.00) or less.
(h) Contracts for public works projects consisting of the installation and construction of any upgrade and/or rebuild of the City's institutional network (INET). The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of four million two hundred thousand dollars ($4,200,000.00) or less.
(i) Contracts for public works projects consisting of those improvements to the South Modesto water system identified in that certain technical memorandum prepared by West Yost and Associates dated October 17, 2005, as amended on November 7, 2005, for the benefit of the Galas Brothers Unit II Project bounded by Hatch Road, Estrella Way, Ironside Drive, Salazar Circle and Monticello Lane in the City of Modesto and any incidental work thereto. The City Manager may approve and authorize all contracts for this project involving a total expenditure of City funds not to exceed two million five hundred thousand dollars ($2,500,000.00) or less.
(j) Contracts for public works contracts consisting of the purchase, installation and replacement of water meters including an automated water meter reading (AMR) system and infrastructure work in conjunction with the system-wide water metering program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of five million dollars ($5,000,000.00) or less annually.
(k) Contracts for paving and landscaping work to be done by City forces at the City's traffic operations facility located at 117 Elm Street in the amount of one hundred thousand dollars ($100,000.00) or less.
(hl) Contracts for public works projects consisting of the design, purchase and installation of water lines and associated equipment used to blend down contaminants at water well sites in the amount of one million five hundred thousand dollars ($1,500,000.00) per project.
#8..
- 542 -
(m) Contracts for public works projects consisting of additions and/or expansion of facilities and structures at John Thurman Field not to exceed two million four hundred thousand dollars ($2,400,000.00) per project.
(n) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the McHenry Avenue Water System Upgrade Project in the amount of four hundred fifty thousand dollars ($450,000.00) or less. (o) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the 9th Street Water Main Replacement Project in the amount of five hundred eighty-five thousand dollars ($585,000.00) or less. (p) Contracts for public works projects consisting of bus stop improvements at various locations on the Modesto Area Express route system. The City Manager may approve all contracts for such projects in the amount of six hundred seventy-five thousand dollars ($675,000.00) or less annually.
(q) Contracts for work done by City forces consisting of roadway and intersection improvements on Oakdale Road between Claratina Avenue and Mable Avenue in the amount of one hundred forty thousand dollars ($140,000.00) or less. (r) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the Del Rio Water Main Replacement Project in the amount of three hundred ninety thousand dollars ($390,000.00) or less. (s) Contracts for public works projects consisting of energy efficient improvements to City facilities that are funded through the American Recovery and Reinvestment Act (ARRA) of 2009, Energy Efficiency and Conservation Block Grant (EECBG) Program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00) or less.
(t) Contracts for public works to purchase and construct a police officer memorial and associated appurtenances at the Modesto Police Headquarters in the amount of one hundred twenty-five thousand dollars ($125,000.00) or less. (u) Contracts for public works projects consisting of the design, purchase and installation of water mains and associated appurtenances used to upgrade the water system in the Airport Neighborhood service area in the amount of one million four hundred five thousand one hundred sixty-six dollars ($1,405,166.00) or less. (v) Contracts for public works projects consisting of the design, purchase and installation of street lights and associated appurtenances used to upgrade the street lighting throughout the City in the amount of four million dollars ($4,000,000.00) or less. (w) Contracts for work done by City forces in the design, purchase and installation of Tenth Street improvements between I and J Streets consisting of irrigation, storm drain, stamped concrete, street trees, planters, and electrical improvements and associated appurtenances. Improvements shall be consistent in concept with Resolution 2014-172 and the staff report presented to the City Council at its regular Council meeting of June 9, 2015.
(x) Contracts for work done by City forces, consisting of the design, purchase and installation of flashing beacons and associated appurtenances used to construct flashing beacons throughout the City in the amount of seven hundred seventy thousand dollars ($770,000.00) or less.
#8..
- 543 -
(y) Contracts for the construction, improvement, installation, or repair of water facilities associated with the North Valley Regional Recycled Water Program, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time. (z) Contracts for the construction, improvement, installation, or repair of water facilities associated with the Water Corporation Yard, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.
Any contract for a public works project which may be approved as set forth in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) and (z) above of this section and authorized by the City Manager, District Administrator, or other authorized person, is not subject to the public bidding requirements of Articles 2 and 4 of this chapter or of Section 1307 of the Modesto City Charter. This section is adopted pursuant to Sections 801(k) and 1307 of the Modesto City Charter. The City Manager may delegate his or her authority in a manner consistent with the procedures established by this chapter. As set forth in Section 2-2.03 of this Code, all contract documents that require City Council approval shall be approved as to form by the City Attorney or the City Attorney's authorized representative before presentation to the City Council.
(iaa) Contracts for the construction, improvement, installation, or repair of hardware, software and system integration associated with the Utilities Department SCADA System (water, wastewater and storm drain), involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.
Any contract for a public works project which may be approved as set forth in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) (z) and (aa) above of this section and authorized by the City Manager, District Administrator, or other authorized person, is not subject to the public bidding requirements of articles 2 and 4 of this chapter or of Section 1307 of the Modesto City Charter. This section is adopted pursuant to Sections 801(k) and 1307 of the Modesto City Charter. The City Manager may delegate his or her authority in a manner consistent with the procedures established by this chapter. As set forth in Section 2-2.03 of this Code, all contract documents that require City Council approval shall be approved as to form by the City Attorney or the City Attorney's authorized representative before presentation to the City Council.
#8..
- 544 -
8-3.103 Definitions.
The definitions below are applicable throughout this Code:
(a) Professional services shall mean accounting, appraisal, architectural, auditing, engineering, environmental, information system services, land surveying, construction management, legal services, financial planning, medical or planning services or any service which is similarly professional, scientific, expert, or technical in nature.
(b) Public Works. Except as set forth in Section 8-3.102, every project exceeding one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds and streets (exclusive of projects for resurfacing, maintenance and repair of streets, or any park or parks playground project otherwise subject to the public bidding requirements of this chapter that involve any donated labor and/or material) shall be deemed a public works project and be subject to the provisions set forth in Article 4 of this chapter commencing with Section 8-3.401.
(c) Purchases. Means a contract to obtain supplies, nonprofessional services, materials and/or equipment in furtherance of City needs and purposes. 8-3.203 Formal Bid Procedures.
This formal bid procedure shall apply to all purchases whose total maximum cost to City exceeds one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00), and shall include at least the following:
(a) Preliminary approval by the City Manager of a staff proposed bid package, including all project, material, supply and/or equipment specifications, requirements and all other matters reasonably required of bidders, including, but not limited to, all contractual terms proposed. The total maximum cost to the City if a bid is accepted by the Purchasing Manager, and a contract is executed by the City Manager or designee, shall be set forth.
(b) Notice Inviting Bids. Notice inviting bids shall be published in the official newspaper by one (1) or more insertions, the first of which shall be at least seven (7) days before the time of bid opening, for public works projects only, in accordance with the provisions of Section 1307 of the City Charter. All other bids for which formal bid procedures are required shall be noticed in a manner or manners appearing to the Purchasing Manager to assure as broad a vendor response as reasonably possible. The required notice shall include a general description of the supplies, materials, equipment, and contractual services to be purchased, state where bid blanks and specifications may be secured and the time and place for opening bids.
#8..
- 545 -
Created: 2023-02-27 16:49:29 [EST]
(Supp. No. 63)
Wherever feasible, the Purchasing Manager shall send notices inviting bids to prospective vendors and contractors. It shall be the responsibility of the Purchasing Manager to encourage as wide a response as possible from prospective vendors or contractors.
(c) Bid Deposits. Where required by the City Charter and when not so required but deemed necessary or desirable by the Purchasing Manager, all bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than the amount specified in the notice inviting bids or in the specifications referred to therein, or if no amount is specified by the notice inviting bids, then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, provide supplies, materials, equipment, or contractual services according to specifications within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the City, and shall be collected and paid into its General Fund, and all bonds forfeited shall be prosecuted and the amount thereof collected and paid into such fund.
All bids not submitted with the required deposit shall be rejected. Unsuccessful bidders shall be entitled to the return of deposits when such have been required after acceptance of the contract by the selected bidder.
(d) Sealed Bids. Physical Bbids shall be sealed, and shall be identified as bids on the envelope and bids shall be opened at a public meeting at the time and place stated in the public notice., If the Finance Director authorizes, pursuant to Section 8-3.402, the submission of bids through electronic means, electronic bids shall be submitted in a manner that keeps the bid confidential until opened by the City. All bids shall be submitted, whether in person or electronically, at the place and no later than the time stated in the public notice inviting bids. e, and in the manner authorized by this Chapter. Bids received after the stated time shall not be accepted, whether or not a bid is late through any fault of the late bidder, and shall be returned to the bidder unopened.
(e) Council May Reject Bids. The Council shall have the authority to accept or reject any or all bids, or to waive any informalities or minor irregularities in a bid. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the purchase in question may be made without a formal bid procedure and, after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council, may proceed to have said purchase made in the manner stated without further observation of the provisions of this section. No #8..
- 546 -
Created: 2023-02-27 16:49:29 [EST]
(Supp. No. 63)
Council action is required to reject bids or proposals other than for public works projects.
(f) Lowest Responsive and Responsible Bidder. For non-public works contracts, Iin addition to price in determining the "lowest responsive and responsible bidder", consideration will be given to quality and performance of the commodity to be purchased, or service provided by the seller. Criteria for determining low bid shall include, but not be limited to, the following:
(1) The ability, capacity and skill of the bidder to provide the supplies, materials, equipment or contractual services as required. (2) The ability of the bidder to provide the supplies, materials, equipment or contractual services within the time specified.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality or performance of previous purchases from said bidder. (5) The ability of the bidder to provide future maintenance, repair parts and services for the use of the commodity purchased.
(6) Local vendor as defined in Section 8-3.206(c).
(g) Faithful Performance Bond. When the specifications so provide, the successful bidder shall furnish surety in the form of certified or cashier's check, corporate surety bond or savings and loan certificate for faithful performance of the contract.
8-3.204 Exceptions to Formal Bidding Requirements.
Except as otherwise provided by this chapter or when directed by the City Manager, all purchases involving an expenditure of City funds in the amount of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less, shall be purchased, when feasible and when in the best interest of the City, in the open market by letter inquiry, informal solicitation, or telephone or facsimile solicitations, with or without newspaper advertisement, and without observation of prescribed formal bid procedures.
Open market purchases, whenever possible and practicable, shall be based on at least three (3) competitive quotations (letter inquiries and/or telephone solicitations), and shall be awarded to the person, firm or corporation submitting the lowest responsible quotation.
In determining the lowest quotation, the City shall do so on the basis defined in Section 8-
3.203 for establishing the lowest responsible bid used in formal bid purchases.
The Purchasing Manager shall keep a record of all open market orders and the quotations submitted in competition thereof. Such records shall be open to public inspection during business hours. Records of said open market orders or purchases may be disposed of by the Purchasing Manager following two (2) years from the date of the purchase.
#8..
- 547 -
Created: 2023-02-27 16:49:29 [EST]
(Supp. No. 63)
All purchases in excess of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00), or when directed by the City Manager for any purchase of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less, shall follow formal bid procedures, except for the following, which shall be exempt from the bid requirement:
(a) Contracts for professional services as defined in Section 8-3.103, if competitive quotations or proposals have been sought informally from at least three (3) qualified entities;
(b) Where the Purchasing Agency's requirements can be met solely by a single article or process;
(c) Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent or emergency circumstances;
(d) Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Such alternatives may include, but are not limited to, a "two-step" procurement process or a procurement based solely on a technical evaluation.
(e) Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long term agreement or to avoid disruption to City projects or services. (f) When the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
8-3.402 Filing of Bids.
All bids for public works projects shall be sealed and filed with the City Clerk no later than the opening time specified in the Notice of Bids. The City Clerk shall be custodian of such bids and shall keep all things pertaining thereto confidential until they are opened and declared. The City may accept bids through electronic means if the Finance Director determines that such electronic process complies with all requirement of this Code and applicable state and federal laws. The City shall continue to accept physical #8..
- 548 -
Created: 2023-02-27 16:49:29 [EST]
(Supp. No. 63)
copies of bids even if an option is available to bidders to file bids through electronic means.
8-3.403 Opening of Bids.
All bids shall be publicly opened and declared at the time and place fixed in the notice inviting bids. Bid openings may occur in person or through electronic means, including, but not limited to, a process that automatically publishes bid results on a website identified in the notice inviting bids. Thereafter, the bids shall be tabulated and analyzed by the head of the department supervising the proposed work, who shall submit them, together with his/her recommendations thereon, to the City Manager. The City Manager shall review the bids and submit them to the Council, along with his/her recommendations at the next regular meeting of the Council. 5389843.1
#8..
- 549 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 26, 2023
Date: June 6, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Scott Conn, Chief Information Officer
SUBJECT: ONEVIEW Enterprise Citizen Request Management Purchase CONTACT: James Dotson, Information Technology Manager, [email protected], 209-571-5508
DESCRIPTION:
Consider an Agreement for the Purchase of ONEVIEW Enterprise Citizen Request Management Application, to Granicus, LLC, Saint Paul, MN for an amount not to exceed $299,364 over five years, and forwarding to Council for approval. (Funding Source: Information Technology Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Build community trust in city government through responsive, transparent, and efficient service delivery.
BACKGROUND:
In 2016, The City of Modesto implemented Accela's PublicStuff software as the underlying engine of today’s GoModesto! application which is a Citizen Request Management System (CRMS)1.
This application allows citizens to virtually submit requests, inquiries, suggestions, and issues via their computer or smart device to City staff for resolution. Submitted requests can be tracked by the citizen, updated by City staff, and managed within this one application. The current application is heavily used by citizens, averaging nearly eleven thousand (11,000) requests annually across all departments of the City.
However, Accela’s PublicStuff is no longer actively being developed and end-of-life (EOL) for support of the application is imminent. Once support for the application ends, the City will not be able to make custom changes, receive vendor support or updated security patches, or guarantee 1 The acronym CRMS is defined differently by each vendor. The City will use Citizen Request Management System for all documents moving forward.
#9..
- 550 -
Finance Committee, June 26, 2023
ONEVIEW Enterprise Citizen Request Management Purchase
compatibility with browsers and devices. Also, Accela is currently unable to integrate PublicStuff with the City’s work order system, Lucity, which has been deemed a necessary integration.
DISCUSSION:
Based on the notification of end-of-life for Accela’s PublicStuff application, the City released a Request for Proposal (RFP) to look for a replacement CRMS. On February 8, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for the furnishing of CRMS implementation services.
On June 17, 2022, the Purchasing Division issued RFP No. 2122-64 for CRMS services on PlanetBids via the City’s website under various commodity codes 2. Prospective proposers were notified online and via email of the bid opportunity. Forty-nine (49) companies downloaded the RFP document from PlanetBids.
On August 8, 2022, proposals were formally opened by the City Clerk’s Office and broadcast via Microsoft Teams Livestream. Ten (10) companies chose to respond, none of which were local companies.
A committee comprised of eleven (11) City staff members from various departments evaluated the proposals and Councilmember Chris Ricci was chosen to observe the RFP process. The evaluation was based on responsiveness to technical & functional requirements, adherence to scope, proposed project plan and project schedule, completeness of the RFP response, references, and cost.
Based on the evaluation criteria, the evaluation committee recommends the award of proposal for the citizen request management system services to Granicus, LLC3, Saint Paul, MN. Granicus scored highest or tied for highest in 5 of the 6 categories. In the sixth category, Response to Technical & Functional Requirements, they scored second highest.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of proposal for the furnishing of citizen request management services to Granicus, LLC., Saint Paul, MN., conforms to Modesto Municipal Code 8-3.203.
FISCAL IMPACT:
The year one cost to transition to Granicus, LLC ONEVIEW CRMS will be in an amount not to exceed $51,100. This includes annual maintenance, cloud hosting of the application, and periodic updates/upgrades for $39,600 plus a onetime implementation fee of $11,500, for the SMS messaging system and a subscription to the training knowledgebase.
The ongoing maintenance costs for years 2 through 5 are established at $57,600 annually. The City anticipates a price increase in years 3 through 5, and has calculated a 5% annual increase 2 91500 Communications and Media Related Services; 91828 Computer hardware Consulting; 91829 Computer Software Consulting; 91858 Governmental Consulting; 92040 Programming Services, Computer; 92045 Software Maintenance/Support; 96900 Equipment Maintenance and Repair Services for computers, office, photographic and Radio/Television Equipment; 96100 Miscellaneous Services, No. 1 (Not Otherwise Classified); 96200 Miscellaneous Services, No. 2 (Not Otherwise Classified) 3 Granicus, LLC acquired the original RFP responder named Rock Solid Technology, Inc. from Austin, TX. #9..
- 551 -
Finance Committee, June 26, 2023
ONEVIEW Enterprise Citizen Request Management Purchase
reflected in the table below. The total cost over the 5-year period will be in an amount not to exceed $299,364.
The Agreement with Granicus, LLC will be funded out of the Information Technology Fund operating budget: 5230-17510-53100.
Year 1 Year 2 Year 3 Year 4 Year 5 Vendor Total
Granicus, LLC $51,100 $57,600 $60,480 $63,504 $66,680 $299,364 Total $51,100 $57,600 $60,480 $63,504 $66,680
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Proposal and Agreement for the Purchase of ONEVIEW Enterprise Citizen Request Management Application to Granicus, LLC., Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five years for an amount not to exceed $299,364 and forwarding to Council for approval.
Approved by:
Scott Conn, Chief Information Officeri
Joseph P. Lopez, City Manager
Attachments:
1. Agreement – ONEVIEW Enterprise CRM implementation
2. Proposal Scoring Abstract
3. Exhibit B – Proposal
4. Exhibit C – RFP 2122-64
#9..
- 552 -
1 ANNUAL AGREEMENT NO 249400
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
GRANICUS, LLC
This Agreement, made and entered into in the CITY of Modesto, State of California, this ____ day of _______________ 2023, by and between the CITY of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Granicus, LLC., hereinafter called CONTRACTOR,
W I T N E S S E T H:
WHEREAS the Modesto CITY Council adopted Resolution No. 2023-_____ authorizing the award of proposal and agreement for the furnishing of a Citizen Relationship Management System Replacement to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS the CITY and CONTRACTOR shall enter into an agreement for the furnishing of CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT, as described in RFP No. 2122-64 – CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. CONTRACTOR shall furnish CITIZEN RELATIONSHIP
MANAGEMENT SYSTEM REPLACEMENT insofar as such scope of services are specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative.
#9..
- 553 -
2 c. CONTRACTOR shall furnish said services at the following contracted rates, for an estimated annual amount of $57,600 and an estimated implementation amount of $7,500 one-time fee, and a total amount not to exceed $299,364 over five (5) years.
Description Unit Price
Application Purchase Price Included – no additional cost User Licensing Included – no additional cost
Resident Portal Included – no additional cost
Vendor Application Support Included – no additional cost Maintenance, hosting, and upgrades $39,600 / Annually
Implementation Fee $4,500 One-Time Fee
Configuration Included
Migrate Existing Data Variable depending on size/format of file Integrations with other systems (e.g., GIS, CMMS) Included – no additional cost Training Included – no additional cost
Custom Branded Application Included – no additional cost Testing One-Time Fee = $1,000
$4,000 Annually
Knowledge Base – System for staff and public to get support on various issues (Optional)
One-Time Fee = Waived
$4,000 Annually
Messaging System – Send push notifications, email to residents within a geofence or interest group (Optional)
One-Time Fee = $2,000
$6,000 Annually
“Bucket” of 100k SMS, Good until used up or agreement
termination
$2,000/per 100k SMS
2. CITY REPRESENTATIVE:
Department Contact: James Dotson, (209) 571-5508, [email protected] Purchasing Contact: Carol Wattle, Senior Buyer, (209) 577-5406, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the AGREEMENT, issued by the CITY of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
#9..
- 554 -
3 Erik Sickinger, Enterprise Account Executive, (845) 260-2815, [email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: July 11, 2023 through July 10, 2024
Year 2: July 11, 2024 through July 10, 2025
Year 3: July 11, 2025 through July 10, 2026
Year 4: July 11, 2026 through July 10, 2027
Year 5: July 11, 2027 through July 10, 2028
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of the agreement.
Price increases for subsequent AGREEMENT years, three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
5. LIABILITY INSURANCE:
CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
#9..
- 555 -
4 (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.
This insurance shall cover any automobile for bodily injury and property damage.
(c) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(d) Technology Professional Liability Services – (Errors and Omission) vendors – (Cyber Liability) – insurance with a minimum limit of $2,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management #9..
- 556 -
5 via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers ’ Compensation, Professional Liability and Financial Institution’s Fidelity.
The Workers ’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. The CONTRACTOR ’ S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager of CITY.
For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice the CITY. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of #9..
- 557 -
6 a properly prepared invoice. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: CITY of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.
At a minimum, invoices shall state the following:
Reference Annual Agreement #: 249400
CITY department/division name and address
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
8. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be #9..
- 558 -
7 exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
9. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
#9..
- 559 -
8 Proofs of insurance (approved by Risk Management).
Executed Agreement and all exhibits thereto.
11. TERMINATION OF SERVICES:
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, at its option, CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.
Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason. The CITY shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the agreement for convenience and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and #9..
- 560 -
9 agents are notified of such termination and act as specified in the notice of termination.
b. Terminate all orders and subcontractors except as necessary to complete any portion of the work that is not terminated. c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontractor and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered.
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY.
f. Complete performance of such part of the work as has not been terminated.
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall #9..
- 561 -
10 provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor agreements or agreements for materials.
b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.
Authorization to Terminate Agreement
Termination of the agreement may be invoked by the CITY Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the CITY Manager, or his/her designee’s, decision to the CITY Council. The CONTRACTOR shall appeal by #9..
- 562 -
11 notifying the CITY Clerk in writing within ten (10) calendar days of receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the CITY Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the CITY Manager, or his/her designee.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. AGREEMENT DOCUMENTS:
The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2023-______ ;
b. CONTRACTOR submittal;
c. RFP No. 2122-64 – CITIZEN RELATIONSHIP
MANAGEMENT SYSTEM REPLACEMENT;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
14. NOTICES:
#9..
- 563 -
12 Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Granicus LLC.
408 Saint Peter Street
Suite 600
Saint Paul, MN 55102
Attention: Erik Sickinger
CITY: CITY of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
15. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.
16. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontractor or assigned without the written consent of the CITY in each and every instance.
17. WAIVER:
#9..
- 564 -
13 The waiver by any party to this agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
18 HEADINGS NOT CONTROLLING:
Headings used in the agreement are for reference purposes only and shall not be considered in construing this agreement.
19. MISCELLANEOUS:
Time is of the essence in every provision of this agreement.
20. ENTIRE AGREEMENT:
This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement.
No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.
21. PARTIAL INVALIDITY:
If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #9..
- 565 -
14 TO WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its CITY Manager and attested by its CITY Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the CITY of Modesto on the _____________ day of ___________________ , 2023 and Granicus LLC. has caused this agreement to be duly executed.
#9..
- 566 -
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
RFP 2122-64
Proposal Scoring Abstract
Evaluation Committee Score Points
Possible
Granicus (Rock
Solid)
CivicPlus Qscend Carahsoft 3Di Cloud
Navigator
MasTech Inovar Comcate Smart
Energy
Water
Response to Technical & Functional
Requirements
30 26 25 26 23 27 23 20 23 24 21
Adherence to Scope 20 18 18 18 15 18 17 16 16 18 16
Project Plan and Project Schedule 20 19 14 18 6 7 19 18 15 17 17 References 15 14 6 13 9 14 12 10 7 12 10
Completeness of RFP Response 5 5 4 4 3 3 4 3 4 5 4
Cost (Purchasing Evaluates/Scores) 10 10 9 3 3 10 0 2 0 10 3 TOTAL SCORE 100 92 76 82 59 79 75 69 65 86 71
Ranking 1 5 3 10 4 6 8 9 2 7
#9..
- 567 -
August 2, 2022
Modesto, CA
RFP Response for
311 CRM SOFTWARE
Company Name: Rock Solid Technology, Inc.
Address: 912 Capital of Texas Hwy South, Suite 180, Austin, TX 78746 Bid Contact: Erik Sickinger, 424-270-9438, [email protected] Website: Rocksolid.com
COPY
#9..
- 568 -
Table of Contents
Table of Contents....................................................................................................................................... 2 Proposal Acknowledgement ..................................................................................................................... 4 Pricing Schedule ......................................................................................................................................... 5 Exceptions, Clarifications, Amendments ............................................................................................... 6 References................................................................................................................................................... 7 Financial Interest Disclosure.................................................................................................................... 9 Company History Statement................................................................................................................... 12 Financial Stability................................................................................................................................. 12 Proposal Submittal .................................................................................................................................. 13 Executive Summary .............................................................................................................................. 14 Qualifications of the Firm....................................................................................................................... 15 Familiarity with Business Processes .................................................................................................. 15 Location.................................................................................................................................................. 15 Implementation Experience................................................................................................................ 15 Organization Structure ........................................................................................................................ 16 Organizational Chart............................................................................................................................ 16 Proposed Project Team ....................................................................................................................... 17 Representative Projects.......................................................................................................................... 19 Proposed Solution Overview................................................................................................................... 23 ONEVIEW CRM Core Modules............................................................................................................... 24 Case Intake......................................................................................................................................... 24 Service Requests ............................................................................................................................... 24 Information Requests & Knowledgebase....................................................................................... 25 GIS for Request Location, Assets and Duplicate Detection ....................................................... 25 Business Process – Workflows.......................................................................................................... 26 Citizen Self-Service Portal .............................................................................................................. 26 Information Campaigns and Events (optional)............................................................................. 26 Interface with the City’s MS Office 365 email system ............................................................... 27 Customizable and scalable with community and organization growth ...................................27 End user interface is ADA Best Practices Compliant .................................................................. 27 Native Mobile Application ............................................................................................................... 28 Reports/Dashboards ............................................................................................................................. 29 Data Storage and Security................................................................................................................... 31 1 ,Tab A
,Tab B
,Tab C
,Tab D
,Tab E
,Tab F
,Tab G
#9..
- 569 -
Data Storage ...................................................................................................................................... 31 Data Backup Process......................................................................................................................... 31 Data encryption................................................................................................................................. 31 Data validation on point of entry................................................................................................... 32 Provide data retention, redundancy, archive, and destruction...............................................32 Customer Support................................................................................................................................. 32 Criteria for Incident Escalation ...................................................................................................... 33 High availability ................................................................................................................................ 33 Regularly Scheduled Product Maintenance .................................................................................. 33 Bug Fixes/Software issues ............................................................................................................... 34 Frequency of software updates and new software releases ..................................................... 34 Implementation Methodology and Approach....................................................................................... 35 Analysis................................................................................................................................................... 35 Design (Configuration and Requirements Definition)..................................................................... 36 Development......................................................................................................................................... 37 Deployment ........................................................................................................................................... 38 Operation............................................................................................................................................... 39 Sample Project Schedule .................................................................................................................. 39 Training .................................................................................................................................................. 41 Additional Services Available................................................................................................................. 44 OneRequest ........................................................................................................................................... 44 OneMeeting............................................................................................................................................ 45 Attachment 1 “Functionality Questionnaire” ..................................................................................... 46 2 ,Tab H
#9..
- 570 -
3 #9..
- 571 -
7 PRICING SCHEDULE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Unit Price
Application Purchase Price
User Licensing
Resident Portal
Vendor Application Support
Maintenance, hosting, and upgrades
Implementation Fee
Configuration
Migrate Existing Data
Integrations with other systems (e.g. GIS, CMMS)
Training
Custom Branded Application
Will proposer accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.14 Payment.
City Business License No. __________ Expiration Date: __________ THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.
Company Name (Proposer):
By (Person Submitting Proposal): (Print)
By (Person Submitting Proposal): (Signature)
Title of Person Submitting Proposal:
Business Address
(City/State/Zip):
Email Address:
Telephone Number:
Fax Number:
Date:
Rock Solid Technology
Erik Sickinger
Sales Director
912 Capital Of Texas Hwy South Suite 180, Austin, Texas 78746 [email protected]
512-347-9399
N/A
Included - no additional cost
Included - no additional cost
Included - no additional cost
Included - no additional cost
$39,600 / Annually
$4,500 One-time Fee
Included
Variable depending on size/format of file
Included - no additional cost
Included - no additional cost
Included - no additional cost
Messaging System - Send push notifications, Email to residents within a geofence or interest groups (Optional) One-time fee=$2,000 Annual Cost = $6,000 Knowledge Base - System for staff and public to get support on various issues (Optional) One-time fee=Waived Annual Cost = $4,000 Testing - Staging (non-live) Instance One-time fee=$1,000 Annual Cost = $4,000 Rock Solid will acquire a business license
prior to award, if required/desired/applicable
7/20/2022
"Bucket" of 100k SMS, Good until used up or contract termination $2,000 per 100k SMS 4 #9..
- 572 -
8 EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Exceptions, Clarifications, Amendments
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response.
Item No. Reference To: Description
Page No. Paragraph No.
Company Name (Proposer): Rock Solid Technology
9 8 1
2 3
3c
3d
3i
4 Rock Solid requires the standard 30 days notice for termination.
This will need revision for the standard 30 days' notice for termination.
This will need revision as it is not applicable to service-based contracts.
This will need revision to exclude any intellectual property of Rock Solid.
Requires striking or revision as payment is performed annually as a subscription for a service. No refunds will be given for Termination for Convenience.
Same as above.
General Exception: Rock Solid retains rights to all IP and any materials created in relation to this project work, except as it relates to Customer Data
5 #9..
- 573 -
9 REFERENCES
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work.
References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Proposer’s failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the Proposers’ performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
3300 Capitol Avenue, Building B
Fremont, CA 94538
Alicia Hernandez, Enterprise Systems Manager
[email protected]
(510) 284-4000
City
Cupertino, CA
Fremont, CA
10300 Torre Ave
Cupertino, CA 95014
Teri Gerhardt, GIS Manager
[email protected]
(408) 777-3311
City
Go-Live: May 2017. Current customer.
Go-Live: March 2022. Current customer.
463,500 (5 year term)
20,600.00
Knoxville, TN
400 Main st #303B
Knoxville, TN 37902
Mark Parker, Chief Technology Officer
(865) 215-2524
[email protected]
City
Go-Live: March 2021. Current customer.
36,400.00
6 #9..
- 574 -
10 Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name (Proposer):
Bakersfield, CA
1600 Truxtun Ave
Bakersfield, CA 93301
Gregory Pronovost, Director of Information Technology
[email protected]
(661) 326-3506
City
Go-Live: August 2014. Current Customer.
Rock Solid Technology
Carlsbad, CA
1200 Carlsbad Village Dr
Carlsbad, CA 92008
[email protected]
Paul Waldron, Information Technology Project Manager
(760) 268-4739
City
Go-Live: November 2018. Current Customer.
22,000.80
34,900.00
7 #9..
- 575 -
8 #9..
- 576 -
9 #9..
- 577 -
10 #9..
- 578 -
912 CAPITAL OF TEXAS HIGHWAY SOUTH
SUITE 180
AUSTIN, TX 78746
512-347-9399
Company History Statement
Rock Solid has been developing and implementing CRM technology for over 25 years. Our customers include more than 175 cities and agencies, ranging from small town operations to countrywide 311 call centers that employ hundreds of agents. As a Microsoft Gold partner with the public sector, we are proud to present our product suite, ONEVIEW Enterprise CRM solution, built specifically for the needs of municipalities like the City of Modesto. We’re excited to collaborate with your team to configure and extend our platform.
Rock Solid Technology, Inc. (Rock Solid) was founded in Austin, Texas in 1994 to develop Business Intelligence systems. In 2004, Rock Solid became a certified Microsoft Dynamics CRM partner and was one of the early adopters of utilizing CRM in the public sector space to manage many aspects of the interactions between citizens and governments.
In 2006, we created the ONEVIEW CRM brand of products, focusing specifically delivering CRM solutions tailored to the needs of government organizations, specifically citizen services management and contact center management. The ONEVIEW CRM platform includes a citizen portal and mobile applications designed for the iOS and Android mobile operating systems.
Rock Solid works diligently to serve clients around the world. We have implemented our brand of ONEVIEW CRM solutions for 10+ years, delivering both small and large-scale implementations across four (4) countries. Due to the tremendous success achieved by our clients in these projects, we have obtained several prestigious awards and work closely with organizations like GovTech, ELGL, and ICMA.
Rock Solid has expanded quickly in the states, with clients spanning the entire United States including Winston-Salem, NC; Columbus, OH; Savannah, GA; Gainesville, FL; Knoxville, TN; Baltimore County, MD; Fremont, CA; Honolulu, HI and others.
Financial Stability
Rock Solid Technology is backed by Strattam Capital, a private equity firm that invests in founder-led, independent technology companies across North America. Due to privacy concerns, our yearly financial statements and financial status are not generally submitted with RFP. However, during a shortlist presentation, we would be happy to provide a financial overview to the City with statements regarding our financial capacity to undertake the proposed project.
We would be happy to comply with the Modesto’s requirements for financial statements should the City accept our proposal.
11 #9..
- 579 -
Transmittal letter
Dear Dianne Love,
Rock Solid Technologies, Inc (Rock Solid), a privately held corporation, is pleased to submit a proposal to provide the City of Modesto, CA with ONEVIEW Enterprise CRM, which meets the needs for a new, modern 311 CRM Software.
We have been developing and implementing citizen relationship management technologies for 25 years.
Our customers include more than 175 cities and agencies, ranging from small town operations to countrywide 311 call centers that employ hundreds of agents. Our product suite, the ONEVIEW Enterprise solution, has been built specifically for the needs of growing municipalities like yours.
Many of our competitors’ citizen service products are limited in scope, expensive to maintain, and struggle to interface with previously installed systems. ONEVIEW Enterprise CRM is a comprehensive, cloud-based, single platform that allows city leaders to manage all citizen interactions in one place at an affordable price. It is a citizen centric, omni-channel solution that also includes a powerful suite of business intelligence tools, a deep integration capability, and a mobile platform that is extensible and future-ready. ONEVIEW Enterprise CRM has been proven to help modernize and standardize constituent interactions, improve customer service experiences, and strengthen the many ways customers can interact with their local government. We are the only solution in the market today that provides a lasting, transformational approach in the way cities interact with their residents.
We are professionally and personally committed to making the City of Modesto’s deployment a success.
Our meticulously crafted implementation plan, world-class project management, flexible yet comprehensive training options, and understanding of your requirements ensure that your system will be widely adopted. Once deployment of the new system is complete, we’ll be there for you with our experienced support staff and stable, modern technology.
Rock Solid looks forward to working with the City of Modesto towards a bright and productive future.
The proposal and the prices contained therein will remain firm for a period of one hundred eighty (180) days after receipt by the City.
Sincerely,
Erik Sickinger
Sales Director
[email protected]
424-270-9438
12 #9..
- 580 -
Executive Summary
Rock Solid’s ONEVIEW Enterprise CRM is a web-based civic relationship management product that will provide the City with a centralized system of record for storing and managing citizen information. It will allow City users to log and track citizens’ inquiries and requests. It will also provide functionality to create and send assignments to each City department responsible for providing the service. Field workers and citizens will have online access to their cases and assignment status. With ONEVIEW Enterprise CRM, citizens may present their inquiries or requests through a variety of channels, including a City-branded mobile app, a self-service portal, and social media. ONEVIEW Enterprise CRM provides a seamless experience for managing email communications and reporting plus a comprehensive knowledge base to help City staff answer questions and resolve requests.
This Response presents Rock Solid’s proposal to configure, deploy, and support our SaaS-offering, ONEVIEW Enterprise CRM, including ONEVIEW Enterprise CRM product license access, implementation, and support services. The proposed services include project management, development for integrations, customized reports, and deployment services.
Rock Solid’s proposed solution gives the City a purpose-built, highly configurable solution that combines the deep functionality of an omni-channel enterprise CRM at an affordable price point with an extensible mobile platform that is future ready. The robust integration layer utilizes an (optional but proposed) enterprise service bus to connect existing systems for additional value. The proposed solution offers:
• An upgrade to the existing system utilizing a Software as a Service (SaaS) platform that incorporates existing workflows and best practices.
• Intake and resolution of service and information requests from residents and customers with an omni-channel approach (e.g., website, mobile app, phone call, text, email, and chat), including selfservice capabilities. • A unified identity for each new customer and ability to consolidate multiple customer accounts into one unified account for each existing customer via an authentication and/or identity service.
• Rock Solid Integration Engine for bi-directional integrations (Esri GIS, Lucity, TRAKiT and more) provides a future proof approach.
• Reliable and consistent service delivery measurements across all functions, and advanced reporting and dashboarding
capabilities.
• A robust knowledge base developed in coordination with the City, containing a wealth of information regarding the City and its services, which can be used to research issues, retrieve department and service data, and enable rapid responses to requests for information.
• English/Spanish capabilities across interface platforms, including the native app using the phone’s language to present the appropriate language.
• Complementary benefits available when deploying our product in existing Microsoft environment.
Rock Solid works with over 150 local governments, with over 25 years of government experience. Our combined experience means the City of Modesto gets a dedicated partner with expert knowledge in innovation, best practice sharing, and the right assistance to deliver a product that meets your vision.
Why Choose the
Rock Solid Team?
Dedicated partner
with expert knowledge
of innovation
Best practice sharing
Right assistance to
deliver a product that
meets the City’s vision
13 #9..
- 581 -
Qualifications of the Firm
Familiarity with Business Processes
The Rock Solid Team has been developing, configuring, implementing, and supporting CRM solutions for municipalities like Modesto. Business processes are an integral part of ONEVIEW CRM. Our ONEVIEW© Enterprise CRM solution is successfully deployed and live in over 150 customer locations. In addition to many municipal customers similar to the size of the City, this solution has been implemented in large, sophisticated 311 call centers for (1) the entire country of Panama (population 4+ million) and (2) the territory of Puerto Rico (population 3.4+ million) with over one hundred (100+) operators and process millions of cases per year.
Location
Rock Solid Technology has two headquarters. Our corporate headquarters is in San Juan, PR; and our North America headquarters is Austin, TX. The primary location servicing Modesto is both San Juan and Austin. We have remote workers across the country, including satellite offices in South Carolina, Illinois, and California. Our core project team is over 200 capable and certified systems analysts, database administrators, programmers, program managers, and support staff.
Implementation Experience
One of the main objectives of the City is to better position itself to deliver excellent customer services, and maintain a single point of contact for the various departments. The City surely has several initiatives that will help achieve this goal. One of the foundational elements of the City’s scope is to implement a new CRM Software Solution that will assist CRC and provide more information to customers through seamless customer experiences. It is also required to comply with City’s technology strategy, such as userfriendly applications, unified portal, integration with existing systems, process automation, among others.
This solution will provide the foundation for the City’s service management and customer experience framework across omni-channel communications such as web, phone, email, in-person, mobile and social media. To achieve such objectives, the contractor must understand their current infrastructure, technical solutions, business process, and organizations goals. The Contractor’s ONEVIEW Civic Engagement Solution will help facilitate the City in achieving these objectives.
As part of this project, Rock Solid will complete a full implementation of the ONEVIEW Civic Engagement Solution and will be responsible for the execution of the software development life cycle and postimplementation support as well as continuous service, support and maintenance.
Project and program management methodology to be used by the Contractor will include procedures, techniques, tools, and documentation aids, which will help the system developers in their efforts to implement the new solution. It will also provide the confidence to the City assess the risks and difficulties that projects encompass while empowering the project team to do the right thing in accordance with project objectives.
14 #9..
- 582 -
Organization Structure
Rock Solid Technology is composed of several divisions, supporting our suite of solutions: ERP, Services, and CRM. In 2018, Strattam Capital acquired a majority equity investment in Rock Solid, with a goal of expanding services in North America. Three months later, Rock Solid Technology merged with CitySourced. CitySourced is a widely deployed civic engagement platform, providing an enterprise engagement platform through a native mobile application for service requests and engagement. In March 2021, Rock Solid merged with PrimeGov, a popular web-based agenda and meeting management platform, to include support for municipal legislative agenda.
Organizational Chart
The success of a project is often heavily dependent on the strength, skills, and qualifications of the team.
The Rock Solid team is comprised of experienced consultants skilled in implementation, design, and development. This project will be led by Executive Sponsor, Erik Sickinger, who will oversee the project team and ensure that the City’s goals and expectations are realized. The day-to-day operations of the project team will be managed by Omar Rosario, Project Manager. Together, Omar and Erik will provide the leadership and management to see the project to its successful conclusion, on schedule and within the proposed budget.
The City can trust that the efforts of Rock Solid will benefit the project. The Rock Solid team will operate as a cohesive, blended team with clear roles and responsibilities. The organizational chart below details our proposed management and team structure. Summaries of each team member’s experience and qualifications follow.
15 #9..
- 583 -
Proposed Project Team
The success of a project is often heavily dependent on the strength, skills, and qualifications of the team.
The Rock Solid team is comprised of experienced consultants skilled in implementation, design, and development. This project will be led by Executive Sponsor, Tom Spengler, CEO. Erik Sickinger, Director of Sales will oversee the project team and ensure that the City’s goals and expectations are realized. The day-to-day operations of the project team will be managed by Omar Rosario, Project Manager.
Together, John and Erik will provide the leadership and management to see the project to its successful conclusion, on schedule and within the proposed budget.
Please note that project team members are subject to change based on time and resource commitments. Any staffing changes will be confirmed prior to the start of the project. All proposed project team members are full time Rock Solid employees.
Omar Rosario, PMP | Project Lead
Omar is a computer engineer and has 18 years of experience in the area of software technology. He has extensive knowledge in project manager, 311 centers, citizen services, dynamic CRM, business intelligence, and system integrations. Omar will oversee the Rock Solid team and be a point of contact for the City of Modesto, communicating with the City to ensure the success of the project.
Omar’s previous management experience includes the implementation of the ONEVIEW CRM system for the 311 of Panama and Puerto Rico, among other cities in Puerto Rico. He is certified as a Professional Project Manager by the Project Manager Institute and as a Software Products Manager by the International Software Product Management Association (ISPMA). https://www.linkedin.com/in/omar-rosario-9a7b5340/
Jean Cesar Martinez | Support
Jean leads the customer and support services. He has a vast knowledge of the ONEVIEW CRM product. The customer support team will be available and on call depending on your support needs. Once the project is finished and the solution is operational, the support team takes on the needed customer service, support and issue resolution process.
Jose Ellerbrock | Technical Writer
Jose serves as a technical writer for Rock Solid. He documents user manuals, requirements and technical integration documents. Jose has recently supported the ONEVIEW CIMVAS project for the Department of the Family, the Hacienda Respond program for the Department of Internal Revenue, and the 311 Panama project.
https://www.linkedin.com/in/jose-ellerbrock-33170222/
16 #9..
- 584 -
Hector Tosado | Technical Lead/Architect & Training Lead Héctor has more than five years of experience in the area of software development specializing in functional tests, quality, training, and technical tests.
He has vast experience in web technologies, Microsoft Dynamics CRM and the ONEVIEW CRM product. Hector also has vast experience in technical and functional training delivery. Hector’s project experience includes the ONEVIEW Product Implementation for the City of Burlington (Ontario) and Popular 360 for Banco Popular, Inc. in Puerto Rico.
https://www.linkedin.com/in/hector-tosado-50158440/
Alexander Del Busto | Systems Integrator
Alexander is a senior product developer with more than seven years of experience in design, analysis, development and maintenance of software solutions. He utilizes analytical skills to understand business processes and requirements. He is also the president of the Institute of Computer Engineers (IICOM) of Puerto Rico.
Alexander has worked on the CRM system, programming the ONEVIEW CRM product, and in implementations for the 311 of Panama, 311 of Puerto Rico, and the 311 of Costa Rica.
https://www.linkedin.com/in/alexander-del-busto-72642291/ Jacinto Ramos | Infrastructure Specialist
Jacinto has almost 20 years of experience in the management of support infrastructure and is responsible for analyzing, designing, and implementing information systems infrastructure. He is currently responsible for managing the cloud used by Rock Solid, including the deployment and delivery of applications.
Jacinto worked on server configurations and software for the Panama 311, Costa Rica 311 and other cities.
https://www.linkedin.com/in/jacinto-ramos-5b904b14/
17 #9..
- 585 -
Representative Projects
Fremont, CA
Customer Name Fremont, CA
Street Address 3300 Capitol Avenue, Building B
City, State, Zip Fremont, CA 94538
Contact Person and Title Alicia Hernandez, Enterprise Systems Manager Telephone Number (510) 284-4000
Email Address [email protected]
Brief Project Description The City of Fremont was seeking expertise to assist with the deployment of an Online City Services - Constituent Relationship Management (CRM) solution. The City of Fremont previously received requests for City services, complaints and issues via a number of methods. Some examples include telephone calls, emails, and online forms. There are approximately 836 full-time employees that support a City population of approximately 235,000. City departments include: Police, Fire, Public Works, City Manager Office, Community Development, Community Services, Economic Development, Finance, Human Services, Information Technology Services, and Human Services.
To better service its constituents, the City selected Rock Solid’s OneView CRM for D365 (vs the less robust Essentials version) after a thorough RFP process to implement a solution that included both a case management system and digital tools to serve as new channels through which the community can report issues and access information quickly, 24 X 7. This solution includes a case management system, several methods for the community to submit requests (such as an online web portal and a mobile app), and a public facing knowledge base. It also integrates directly with Microsoft Dynamics 365 for more robust reporting and processing features.
# of Users 836
Current Status of Project Implementation completed.
Database Environment Dynamics365
Modules Implemented OneView CRM for D365, OneLink native mobile application Project Timeline Go-Live: March 2022
Website https://www.fremont.gov/residents/report-issues Total Contract Amount $463,500 (5 year term)
18 #9..
- 586 -
Fremont’s home reporting page
Cupertino, CA
Customer Name Cupertino, CA
Street Address 10300 Torre Ave
City, State, Zip Cupertino, CA 95014-3202
Contact Person and Title Teri Gerhardt, GIS Manager
Telephone Number (408) 777-3311
Email Address [email protected]
Modules implemented Rock Solid OneLink (Formally known as CitySourced) Version 2.1.3 Brief Project Description The City of Cupertino was looking for a way to be more transparent with its residents and staff within its 311 operations as part of a city-wide focus on data.
The City needed a data-focused solution that would connect seamlessly with their Cityworks asset management system while also improving visibility and customer service for residents.
Cupertino partnered with Rock Solid to provide a multi-platform 311 citizen request solution for residents and staff. Rock Solid’s OneView CRM, OneLink mobile app, and APIs integrate directly with Cityworks. This two-way transfer of information happens in real time and brings all service requests into the city’s existing workflow.
To contribute to Cupertino’s data-focused culture, Rock Solid’s integrations and APIs allow important 311 engagement data to flow out of the CRM and into data visualization applications like Microsoft Power BI. These dashboards share 311 19 #9..
- 587 -
data with residents on a publicly available webpage to promote transparency.
Department leaders and staff use an internal 311 dashboard to track, measure, and improve service delivery.
General Description of
Services
Performed:
Rock Solid OneLink Mobile Application and Backend Console, Knowledge Base, and Single Sign-On with Integration into CityWorks
Project Timeline Project kickoff: 4/12/2017
Go-live: 5/1/2017
Website https://cupertinoca.citysourced.com/
Case Study https://www.rocksolid.com/cupertino-case-study Total Value $20,600.00
Cupertino’s 311 Request overview main screen
Knoxville, TN
Customer Name City of Knoxville, TN
Street Address 400 Main St #303B
City, State, Zip Knoxville, TN 37902
Contact Person and Title Mark Parker, Chief Technology Officer Telephone Number (865) 215-2524
Email Address [email protected]
Brief Project Description With multiple levels of customer service, the City of Knoxville sought to improve their customer service experience by focusing services into one centralized hub 20 #9..
- 588 -
Knoxville, TN
with the implementation of a software solution. The City wished to better position itself to deliver excellent customer services.
Rock Solid implemented a Customer Relationship Management and Knowledge Base solution that assisted staff and provided more information to customers through seamless customer experiences. OneView CRM provided the foundation for the City’s service management and customer experience framework across omni-channel communications such as web, phone, email, in-person, mobile and social media.
Going live in March 2021, the project was executed with great success and has led to expansion.
Website (Mobile app) https://www.knoxvilletn.gov/cms/
Current Status of Project Implementation completed.
Project Timeline Go-Live: March 2021
Total Contract Amount $36,400.00
Screenshot from Knoxville’s commercial about their branded mobile app:
21 #9..
- 589 -
Proposed Solution Overview
Rock Solid proposes the implementation of the ONEVIEW Enterprise Citizen Relationship Management (CRM) solution. The proposed solution has been deployed at municipalities similar to Modesto, such as Honolulu, HI; Columbus, OH; El Paso, TX; and San Antonio, TX.
ONEVIEW CRM will standardize the response to requests and give the City’s agents in the action center the tools, guidance, and data they need to resolve requests. City action center agents will speedily handle resolutions and deliver a more personalized, effective level of support using service software that accesses all citizen information in one place—even pulling data from external sources through integration capabilities. Some of the main application components and features available in the ONEVIEW CRM suite include:
By choosing ONEVIEW Enterprise CRM, some key advantages and benefits available to the City include:
• Empowering citizens to easily report issues through an omnichannel approach and access request status from a single point of contact.
• Streamlining operations through the implementation of consistent service processes 22 #9..
- 590 -
• Consolidating multiple platforms into a single authoritative source of truth • Driving a more pro-active response to problems.
• Visibility across the city of duplicate work or residents who are “shopping departments” • Measuring citizen services efforts via reports and dashboard • Increasing usability by offering English and Spanish Out of the Box by automatically recognizing user’s phone or browser language choice
• Option to expand the CRM into our ONEVIEW for Dynamics365 suite ONEVIEW CRM Core Modules
Case Intake
ONEVIEW CRM manages cases or service tickets
during interactions with citizens. The solution is
web-based and is accessible to anyone with an
internet connection and the pertinent web
browser. A case may be used to process different
request types and manage the process paths for
each type. The ONEVIEW CRM case features allow
for easy tracking of all the activities related to a
case, including information sharing, call tracking,
emails, and assignments. ONEVIEW also maintains
a history of all these activities throughout the
case lifecycle.
Workflows can be configured to perform
validation, routing, escalation, and status updates with defined business rules. Team members can use the web-based system to work on requests and resolve or they can leverage the field worker mobile application. The system has pre-built integrations with 50+ enterprise solutions, such as Cartegraph and ESRI. Staff members can work requests in their preferred systems and all configured following City business processes.
Service Requests
Service requests may be configured to support the different services or call types that are provided by the City such as “Trash Pickup,” “Tree Maintenance,” “Pothole Repair,” and “Street Light Repair.” When a service request is created, the system workflows automatically route it to the appropriate user or team in a City department. Alternately, these requests will create a new ticket in an external legacy system, if part of the scope. The City staff in charge of receiving these requests can assign or refer the request as well as update status, notes, attach documents and register activities. Tasks may also be created automatically through workflow configuration such as: review, investigate, schedule, or close. Tasks can be assigned to specific users. 23 #9..
- 591 -
All requests in the system can be updated manually with the pertinent permissions. Even when some fields may have predetermined values, users can always adjust fields such as address, priority, call type, and description, among others. This applies to all system modules (depending on the security permissions of the user).
Service requests may be scheduled using work
or service orders functionality. Work and service
order appointments may be assigned to field
workers. Field workers can review orders and
update them to fulfill the service using their
computers or mobile devices.
ONEVIEW CRM users may include location
information with data such as physical address,
parcel number, and GIS coordinates. This
integration provides the City’s agents with a rich
collection of base maps, demographic maps,
images, and asset data to support the City’s
service request process more effectively.
Information Requests & Knowledgebase
The system may store information related to general information requests. The system can keep track of the request and all forms of communication used to provide such information. Information requests may be linked to knowledge base articles. The content of the articles may be shared with the public. Knowledge articles are maintained in the CRM system with their appropriate approval workflows and versioning controls.
GIS for Request Location, Assets and Duplicate Detection ONEVIEW CRM will be implemented with the
capabilities to geolocate requests given a
specific address that can be validated against
ESRI or Google Geo-coder.
ONEVIEW CRM has the capability (which will
be implemented) to connect to the City’s
ESRI system to identify assets such as trees,
light posts, trash cans and more when
working with requests. ONEVIEW will
connect to the ESRI system and present the
needed City layers and underlying data.
Using asset data, City workers will better
identify the location of a request and have
details on the specific City asset that needs
attention.
When working with requests, ONEVIEW can
map requests that are of the same type and are in a similar location of the current request. This will help alert the user that possible duplicate requests exist. When submitting a potential duplicate, 24 #9..
- 592 -
residents will receive a pop-up that the issue may already be in the system. The resident will then have the option to submit a net-new request or subscribe to updates on the existing ticket. Staff using the back office “console” to create tickets will have access to similar functionality.
Business Process – Workflows
Business processes are an integral part of ONEVIEW CRM. A business process can be an automated process that relies on communication among applications based on a set of rules, or an interactive process that relies on users to make the appropriate decisions regarding the next step in the workflow.
ONEVIEW CRM includes a series of pre-defined automated or manually triggered workflow rules that support different stages in the provision of services to citizens. These out-of-the-box components allow the City to accelerate the implementation of their individual business processes.
As part of the project, Rock Solid may also extend and customize the standard behavior of processes to achieve the functionality required, by configuring existing rules and developing custom components. Workflows allow the creation of email notifications based on field modifications or creation of new records. The design of the workflows is made with an easy-to-configure screen and without the need for complex programming languages (source code). Examples of flows are:
• Sending email requesting completion of the satisfaction survey at the closing of a request. • Change the status of a request to “submitted” once it is saved and marked as submitted. This in turn may create a notification to the pertinent customer/citizen or staff with a link to the request.
Citizen Self-Service Portal
ONEVIEW offers a robust citizen self-service portal where users can update their personal information, submit services requests, check the status of their submitted requests, and find information about local services, news, and alerts. An option for the user to view current nearby service requests lessens the chance of an issue being reported multiple times. Users can subscribe to text or email notifications about general alerts or the status of their request. The portal can be linked to the City’s website for more services. Being web-based, the portal is accessible to anyone with an internet connection and the proper web browser. Please also see ONEVIEW Native Mobile Application below.
Information Campaigns and Events (optional)
The solution will provide the ability to have information campaigns for activities, meetings, trainings, launches, or any other event as desired. Residents can opt-in to topics or channels and can enter home addresses or points of interest. City communication staff can then target these individuals with push-notifications, SMS, or emails.
Alerts and Notifications
The ability to e-mail alerts or notifications about updates on their tickets. • Notification templates can be created in such a way that they can be reused based on the type of issue reported.
25 #9..
- 593 -
• Notifications may be generated automatically through workflows. Notifications or alerts may be activated with a creation, update, or deletion of a record in the system.
Activities
Activities can be related to any module within the system. They can be assigned to a user or group, and usually have an action date, a due date, and a status.
Types of activities include:
• Email (connected to the City’s mail server)
• General Task
• Survey (sent to customers via email)
• Phone Call
• SMS
• Single Sign-On Capabilities
The ONEVIEW solution will be delivered in a Software as a Service Model (SaaS) in the cloud.
ONEVIEW is built on Microsoft technology and uses use Active Directory Federated Services (ADFS) for authentication. ADFS can be setup with single sign-on features to access the system. ADFS will allow integrating to the City’s Active Directory through the City ADFS or the City Azure AD.
Interface with the City’s MS Office 365 email system
The ONEVIEW solution integrates with e-mail systems via POP3/IMAP. The interface with the City’s mail system can be with an on-premise email server, or a cloud-based mail server such as Office 365. This will allow the system to receive and send emails using the City’s current email services.
Customizable and scalable with community and organization growth
Rock Solid’s CRM is highly configurable, and offers robust scalability. As the City of Modesto continues to grow, the city can rest assured they are leveraging a platform used by municipalities several times larger than Modesto, is hosted in MS Azure, offers a number of modules for additional features, and a mobile application used by millions.
End user interface is ADA Best Practices Compliant
Overall we are committed to offering a solution that accessible for use by individuals with disabilities and believe our solution is currently broadly compliant. We are also willing to work with you to understand any specific use cases you have around accessibility and to ensure that the product either meets them currently or gets added to the development roadmap.
Some examples are:
• English/ Spanish
• High visibility options
• Supports tap to read text aloud
• Assistive technology via Apple’s VoiceOver and Android’s TalkBack 26 #9..
- 594 -
Native Mobile Application
Our platform also includes the award winning native mobile application, OneLink, that has been deployed to over 150 cities across North America. The functionalities go above and beyond your current mobile vendor. ONEVIEW and the corresponding OneLink mobile app are and ADA compliant. See example screenshots below:
27 #9..
- 595 -
Citizen Perspective
When used on devices that are GPS aware, citizens may use the device GPS as an option for the Service Request location or can create a service request by address or by selecting a location on a map. Service request location does not need to be tied to a specific address – and we will geocode accordingly.
Address verification and reduction of duplicate service requests based on location.
Reports/Dashboards
ONEVIEW has the following reports (among others):
• Detail Report – showing filtered list of all reports that fit the filter, such as:
o Report Type
o Sub-Type
o Date range
o Within a boundary or geofence
o Current Status
o Escalated issue or not
o Any combination of the above
• Summary/Metrics Report
o Using the same filters, shows summary of date range
28 #9..
- 596 -
Detail Report
Summary Report
ONEVIEW also provides several reporting tools that can help the City in obtaining the necessary reports, including system usage, access through audit logs and participation through system log reports. 29 #9..
- 597 -
The proposed system has the capability to provide reports in different ways. These reports include business intelligence (BI) functionality:
• BI Dashboards – An optional add-on provides a connector for City-created dashboards that allow the City to view information in tables or graphs without having to access a separate reporting system. These dashboards allow direct interaction with them in such a way that the data that compose these panels can be accessed in the system. For example, in a graph of number of requests by department, the City can manipulate the shape of the graph, but also access the list that make up those requests, and from that list, the detail of the request record can be accessed
• Operational Reports –Rock Solid is expanding and enhancing Dashboards and Reports in coming updates. We hope to share this with you during a shortlist presentation.
Data Storage and Security
Data Storage
Rock Solid provides unlimited data storage for its clients as part of our standard solution offerings.
Clients will never have to worry about running out of storage space or needing to upgrade to a larger data storage package.
Data Backup Process
All data is backed up and stored in multiple locations in real-time. Databases have Point in Time Restore up to 35 days. This means we can restore to any minute within the last 35 days. After that, restorations are saved weekly up to 6 months. Individual files have Point in Time Restore up to 2 days and daily backups for 30 days afterwards.
Rock Solid hosts all data in Microsoft Azure, which is a Tier 4 data center, and all connectivity is automatically managed by the Azure infrastructure. Azure guarantees a permanent data failover. Extra data backups are available upon request. Clients may also export data to external devices for additional storage.
Rock Solid follows the standard protocols for recovery stated by Azure. ONEVIEW CRM uses HTTP2 protocol, so all communication between the client and server is secure and encrypted. Our database, backups and other data at rest is stored on Azure resources that have automatic encryption on all the elements.
Data encryption
Data is encrypted in transit and at rest. All customer data and operations are segregated from every other concurrent Oneview customer by logic gates in the Microsoft Azure data storage facility.
For authentication, the system uses Active Directory and ADFS allowing integration to the City's existing active directory. Users are then configured in ONEVIEW CRM by activating their Active Directory User Id and assigning security privileges. The built-in security of Microsoft includes role-based security, recordbased security, and field-level security. These levels of security allow the City to own the rights and privileges of users.
30 #9..
- 598 -
Data validation on point of entry
Workflows can be configured to perform validation, routing, escalation and status updates with defined business rules. Data validation on intake (contact, location, type of issue) is inherent in a proper CRM.
Provide data retention, redundancy, archive, and destruction Rock Solid offers a default design of unlimited record retention, with a high degree of redundancy.
Destruction can be optioned; we would desire to work on a proper form and authorization to ensure no data is deleted without going through the appropriate channels. In the event that the ONEVIEW contract is cancelled or expires, the City will have a period of ninety (90) days to download any proprietary data from the servers.
Customer Support
Staff will be available 24 hours a day, 365 days to address critical system issues. The helpdesk services can be contacted through e-mail, telephone, or our support portal. Normal or Low priority live requests will be handled during regular operating hours Monday – Friday, 8am – 8pm (EDT).
The following table details the support severity levels and targeted response times:
Codes Example Resolution Level Agreement
Critical • System down
• System up, but cannot be used,
affecting operations
Confirmation of Request Received 30 minutes
Communications 30 minutes
Expected time to begin solving the
issue
2 hours
High • Specific system functionality not
functioning as expected
• System interface is not working
• Security-related requests
• Serious impact on customer
operation
Confirmation of Request Received 1 hour
Communication 1 hour
Expected time to begin solving the
issue
4 hours
Normal • Change of passwords
• Billing information request
• Functional or technical consultations
Confirmation of Request Received 2 hours
Communication 8 hours
Expected time to begin solving the
issue
24 hours
Low • Suggestions and recommendations
• Training requests
Confirmation of Request Received 4 hours
Communication 16 hours
Expected time to begin solving the
issue
48 hours
Priorities are established after the support analyst reviews and investigates the communication sent by the client. While we constantly monitor our emails, we urge our customers to call us if they understand that the need for support is critical, so that we can act immediately. 31 #9..
- 599 -
Criteria for Incident Escalation
Our customer support department receives cases and routes them to our ONEVIEW CRM product support team. Requests are handled at different levels of escalation. • Level 1 – General Customer Support. In this level, we can solve or answer general questions regarding products such as frequently asked questions and common knowledge base support requests. If the issue cannot be resolved in the initial call, the incident is escalated to a Level 2 request.
• Level 2 – Functional Specialist Support. More experienced resources that have been involved in product implementations and issue resolution will handle Level 2 requests. These requests are more complex in the areas of functionality or configuration. A Level 2 representative will be communicating with the customer via email and coordinating communications to resolve the issue. If the issues are technical, to the degree a Level 2 representative cannot solve the issue, then the case will be immediately escalated to a Level 3 resource to address the issue. • Level 3 – Technical or Advanced Support. This support is provided by technical personnel that handles requests that are not in the scope of Level 1 and Level 2 resources. Level 3 requires technical or software development experience for issue resolution. Level 3 resources will work with the Level 2 resource on resolving the issue. Communications should not be expected from a Level 3 resource unless necessary. The Level 2 resource will keep communications with the customer until the issue is resolved.
High availability
The City can have confidence in Rock Solid’s commitment to service availability through a 99.9% uptime Service Level Agreement (SLA). In all previous months-long uptime tests, our system has averaged
99.95% uptime or higher.
Regularly Scheduled Product Maintenance
Rock Solid provides updates and performs maintenance on an Evergreen model. Product updates, patches, and enhancements are included in the software as part of the SaaS model. Customers will receive notification of upcoming releases and the included features of the product as well as any minor versions that are scheduled to be installed. Minor versions Installations are generally installed to fix any issues or include any features that were scheduled and missed in the previous release. Any software updates are scheduled with the customer to avoid or minimize service interruptions.
Rock Solid will provide communications 5 days in advance for any planned interruptions in services due to scheduled software changes or outages. In the case of issue resolution, the customer will be notified as soon as the issue is fixed, and Rock Solid will plan a software update in collaboration with the customer. The notifications will include the reason for the interruption along with expected down time and time frame. Any unplanned outages will result in immediate communications and expected resolution time.
32 #9..
- 600 -
Bug Fixes/Software issues
System errors may be encountered during the internal testing procedures of the product or by customer reports. Errors are given a priority and severity code depending on what functionality is affected, and the amount of customers it affects. Once the problem is verified, it will be added to a work queue where product support developers will work on resolving these issues in order of priority and severity. All issues are worked and tracked following modern agile project development processes and customers are communicated when issues are solved, either by publishing on the support portal or by communicating with customers via email.
In the case that issues are identified by the product team, an internal issue resolution process is followed and known product issues will be communicated to the customer along with resolution time estimates via email.
When an issue is reported by the City, a support case will be created, and the status or resolution of that case will be available online on the support portal. The City users may also call the customer support department which can also provide the status information.
Once issues are resolved, the City will receive an email with documentation on the issue resolution. If a product update window is needed, the customer service team will notify and coordinate the installation date and time. In the case an issue is related to a support case, reported by the City, the case reference number will be included in the communication and the case will be closed once the City confirms the issue is resolved.
Frequency of software updates and new software releases Software releases are schedule for four times a year. Releases contain product-specific features, bug fixes, etc. We currently have a quarterly release schedule for the back-office and mobile application, but are moving to an AGILE/SPRINT release cycle to allow for more frequent updates, with less potential risk per update. Our customers receive regular updates about the pending updates and what to expect.
Customer’s account managers are available to review and discuss prior to code push.
Updates are shared automatically with Rock Solid’s business resource and technical resource assigned to the city. This will be shared in monthly syncs between Rock Solid's Account Manager and the city admin.
Our product is based off a SaaS (software as a service) model. We do not charge for updates to the application. We at Rock Solid will work to continue producing the best product for our customers.
33 #9..
- 601 -
Implementation Methodology and
Approach
Rock Solid uses a hybrid implementation approach that leverages a software product implementations framework, agile methodology, and structured project management. The methodology uses Microsoft SureStep in combination with the Project Management Institute (PMI) guidelines and agile development processes.
The Rock Solid team will organize the implementation project into five distinct phases during the implementation project lifecycle:
Rock Solid will establish a PMO with the staff that will meet the needs of planning and implementation of the solution with the proper structure and methodology to ensure success. Rock Solid will look to the City for supporting the Rock Solid PMO with the proper staff.
The implementation will begin with analysis phase to determine the order in which Rock Solid and the City will implement the solution for the City’s departments. Formal planning also occurs in this phase.
We will look to define the requirements and define all the configuration needs. Rock Solid will also design any software modifications required to complete the defined requirements. This design will be defined in iterations or sprints along with development and adjustments. With the configurations and modifications defined for each iteration, Rock Solid will perform the development and adjustments resulting in prototypes for each iteration. Some of the phases in a cycle and across the cycles may overlap at certain points of the project to allow for a faster implementation.
The following sections provide more detail on how Rock Solid and the City will execute each of the phases, and the activities that are the responsibility of Rock Solid and the City.
Analysis
The Analysis phase represents the official start of the project. This phase defines the activities required to initiate and effectively plan the entire project. The Analysis phase is initiated with the executive kickoff meeting designed to provide executives with an overview of the project vision, scope, objectives, and benefits. In addition, the meeting covers the schedule, milestone, resources, roles, responsibilities, and deliverables. Kickoff meetings with similar agendas are also conducted with the internal project team and with the project team members of the City. 34 #9..
- 602 -
Following the project kickoff, Rock Solid and the City will finalize the project plan. Rock Solid utilizes PMI standards in the project management approach including planning. The project plan is composed of subsidiary plans that are monitored and controlled during the project lifecycle. This plan is approved by the City and forms the basis for the entire project. Rock Solid will outline the detailed activities of all the phases in the project schedule with input and approval by the City. A demonstration and review of the base software will be presented for the City to understand the system capabilities. Rock Solid will also begin a fit gap analysis, comparing the system features against the City processes, as well as starting the change management process with the City. These activities will result in the deliverables of each phase as outlined in the deliverable tables within each phase section. The City will formally approve the deliverables.
A tollgate (health check) review is conducted at the end of each phase of implementation to ensure that activities, milestones, and deliverables are provided per the City’s quality standards, and that any risks and issues are proactively addressed moving into the next phase.
Analysis Phase Process Key Activities or Milestones
Project Management Kickoff
Project Plan (schedule, training, scope, testing)
Status update and meetings
Coordination of tasks with team members
Establish communication guidelines
Training Demonstrate system features
Training plan
Business Process Analysis Detailed business process analysis Requirements and Configuration Business requirements gathering Fit gap analysis
Define the configuration templates
Design (Configuration and Requirements Definition)
The goal of the Design phase is to define how to implement the business requirements by department. The Design phase will occur in iterations along with the Development phase in order to deliver system prototypes. The Design phase includes defining the configuration of the solution and the design of specific adjustments that will be necessary to satisfy business requirements identified during the Analysis phase. This phase also includes activities to design the integrations, interfaces, data migration elements, and security configurations that are necessary to support the City’s requirements.
Rock Solid will complete a configuration and requirements document, which indicates how the system will be configured and what changes are needed in order to implement the solution successfully.
The configuration and requirements document will define how the system will work in accordance with the City requirements and processes.
35 #9..
- 603 -
Design Phase Process Key Activities or Milestones
Project Management Status update meetings
Coordination of tasks with team members
Issue resolution and scope management
Training Training requirements
Business Process Analysis Review business process models Requirements and Configuration Configuration and requirements Include any security requirements
Custom Coding Configuration and requirements
Integration and Interfaces Configuration and requirements Development
The goal of the Development phase is to build and test the system components that are defined and approved in the requirements specifications, including developing the customizations, integrations, interfaces, and any data migration processes. The Development phase will occur in iterations along with the Design phase. he Development phase involves ongoing project management activities to manage risks and issues, communications, change requests, and project plan updates, including the training plan. The future state business process model is updated, if needed, based on any testing outcomes and finalized in this phase.
The detailed activities of the Development phase will be included in the project schedule that will be approved by the City at the outset of the project. These activities will result in the following deliverables of the Development Phase and the City will formally approve any deliverables.
Development Phase Process Key Activities or Milestones
Project Management Status update meetings
Coordination of tasks with team members
Issue resolution and scope management
Review and update plans
Training Review of prototype
Change management
Business Process Analysis Review and update business process workflows Requirements and Configuration Security
Quality and Testing Solution testing (unit testing, system testing, integration testing and stress and load testing)
Testing plan
36 #9..
- 604 -
Development Phase Process Key Activities or Milestones
Integration and Interfaces Development of integrations
Integration and interface code freeze
Deployment
The Deployment phase is where all the efforts of the project team come together for a successful transition to the new ONEVIEW solution. Key activities in this phase include Knowledge Transfer (trainings), Change Management, User Acceptance Testing (UAT), Stress and Load Testing, and the actual move to the new production environment.
Upon successful UAT, Stress, and Load Testing Acceptance, a business go/no-go decision is made by the City on whether to proceed with the go-live or to defer until any critical issues are resolved. Once Go-Live has been approved, the infrastructure and technical teams prepare the production environment for the cutover tasks that lead to the go-live state. Required configurations and tweaks may be made, and performance tuning may be performed if necessary.
Rock Solid performs a production environment check and obtains final system approval from the City.
The system is now ready for go-live and any subsequent environmental changes are placed under the change control process. The detailed activities of the Deployment phase will be included in the project schedule that will be approved by the City at the outset of the project. These activities will result in the following deliverables of the Deployment Phase and the City will formally approve any deliverables.
Deployment Phase Process Key Activities or Milestones
Project Management On-going project management activities including risks and issues, communications, change requests, and project plan updates Status meetings
Support coordination of change management strategies
Training Complete end user manuals
User training
Knowledge Transfer to the City
Requirements and Configuration Production environment configuration Go Live
Quality and Testing User acceptance tests
Interface/integration tests
System (end to end) test
Dry runs
Issue resolution
Infrastructure and Interfaces Install and setup production environment 37 #9..
- 605 -
Operation
The Operation phase defines the activities that are required to close the project, to provide postproduction support, and to transition the solution and knowledge to the City and the City’s PMO staff. Key objectives of this phase include providing post go-live support, transitioning the solution to the City’s support team, performing a final quality audit, and providing project closure.
The Program Management team prepares the final invoices, lessons learned, and the project closure report. The team also prepares a folder with all the project deliverable documents with their acceptance forms. These documents are reviewed with the City to obtain final approval and acceptance.
The functional and technical team hands off the resources that are required to provide post go-live support and resolve any issues that arise out of deployment to the user base. At this point, the support teams are also involved to resolve issues, so that the transition of the solution to the City and support (per the appropriate support contract) occur smoothly.
Upon completion of the post go-live support activities, the team completes all necessary logistical activities, and obtains final signoff on the project phase.
Operation Phase Process Key Activities or Milestones
Project Management On-going project management activities including risks and issues, communications, change requests, and project plan updates Status meetings
Deliver project documentation
Resolve any outstanding issues
Project closure (Go-Live for that department only)
Requirements and Configuration Transition to Support
Sample Project Schedule
The average time for implementation is between 12-20 weeks. Dates are included for reference of the phases of the schedule and are not specific proposed dates for the City. Line items/Specific Tasks should not be perceived as expected SOW items but general concepts of a standard implementation.
ID Task Name Duration Start Finish Predecessors
1 Onboarding Project OneLink 89 days 6/03/22 10/07/22
2 Analysis 30 days 6/03/22 7/15/22
3 Project Kick Off 11 days 6/03/22 6/17/22
4 Project Kick off Meeting 1 day 6/03/22 6/03/22
5 Initial Documentation 4 days 6/04/22 6/09/22
6 Project Scope Plan 4 days 6/04/22 6/09/22 4
7 Communication Plan 4 days 6/04/22 6/09/22 4
8 Other documentation 3 days 6/04/22 6/08/22
9 Onboarding Guide 3 days 6/04/22 6/08/22 4
38 #9..
- 606 -
10 Onboarding Checklist 2 days 6/04/22 6/05/22 4
11 Documentation Approvals 10 days 6/04/22 6/17/22 4
12 Asset Gathering 14 days 6/18/22 7/08/22 5;8;11
13 Graphics 9 days 6/18/22 6/30/22
14 Home screen 9 days 6/18/22 6/30/22
15 App Icons 9 days 6/18/22 6/30/22
16 App Branding/Setting Assets 9 days 6/18/22 6/30/22
17 Boundary Files 14 days 6/18/22 7/08/22 5
18 Identify Boundary File 14 days 6/18/22 7/08/22
19 Upload Boundary Files 14 days 6/18/22 7/08/22
20 Apple Developer Assets 14 days 6/18/22 7/08/22
21 Data Migration ***if in scope 19 days 6/18/22 7/15/22 5;8;11 22 Access to existing data 9 days 6/18/22 6/30/22 5
23 Migrate existing data to Admin
Portal 10 days 7/01/22 7/15/22 22
24 Design and Development 68 days 6/18/22 9/23/22
25 OneView Configurations 54 days 7/09/22 9/23/22 12
26 Admin Configuration 34 days 7/09/22 8/25/22
27 Set Customer Settings 5 days 7/09/22 7/15/22
28 Map/Geocoder/Time zones 5 days 7/09/22 7/15/22
29 Identify Mobile App Items 29 days 7/16/22 8/25/22 21 30 Configure each mobile app
item 14 days 7/16/22 8/04/22
31 Categories per Report type 15 days 8/05/22 8/25/22 30 32 Boundaries per item 14 days 8/05/22 8/24/22 30
33 Integrations with Dynamics** 7 days 7/16/22 7/24/22 27 34 Item List Order 14 days 8/05/22 8/24/22 30
35 Dropdowns / Other 10 days 8/05/22 8/18/22 30
36 Console Configurations 20 days 8/26/22 9/23/22
37 User List 10 days 8/26/22 9/09/22 26
38 Services 10 days 9/10/22 9/23/22 37
39 Teams 10 days 9/10/22 9/23/22 37;30
40 Mobile App Configurations 9 days 8/26/22 9/08/22 29
41 Internal Services 9 days 8/26/22 9/08/22 30
42 Knowledge Base 5 days 8/26/22 9/01/22
43 Report Types and Workflows 18 days 8/26/22 9/21/22 28;29 44 Create customized workflows 6 days 8/26/22 9/02/22
45 Assign workflows to report types 6 days 9/03/22 9/11/22 44 39 #9..
- 607 -
46 Configure other variable types 6 days 9/14/22 9/21/22 45 47 App Store 4 days 7/09/22 7/14/22 12
48 Access to Apple Developer
Account 2 days 7/09/22 7/10/22
49 Google Developers console
Project 2 days 7/09/22 7/10/22
50 Add all app codes to admin portal 4 days 7/09/22 7/14/22 51 3rd Party Integration Configuration 22 days 6/18/22 7/22/22 5;8;11 52 Integration Plan 12 days 6/18/22 7/06/22 6
53 Deliver and Obtain Customer
Integration Table 5 days 6/18/22 6/24/22
54 Integration Configuration per item 5 days 7/07/22 7/13/22 52;6 55 Integration Testing 5 days 7/14/22 7/22/22 54
56 Deployment 10 days 9/24/22 10/07/22
57 Prototype 1 Release 2 days 9/24/22 9/25/22 36;40;43;27;29 58 Internal Launch 2 days 9/24/22 9/25/22
59 Training / Testing 8 days 9/28/22 10/07/22 58
60 Schedule Training Kickoff 2 days 9/28/22 9/29/22
61 Trainings Tutorials 8 days 9/28/22 10/07/22
62 Training Assignments / LMS
Set ups 2 days 9/28/22 9/29/22
63 Training Manuals 3 days 9/28/22 9/30/22
64 Receive user testing results 8 days 9/28/22 10/07/22 65 Deliver Cutover Plans 2 days 10/01/22 10/02/22 62;63;30 66 Prototype 1 Revision 4 days 9/28/22 10/01/22 58;30
67 Prototype 2 Release 3 days 10/02/22 10/06/22 66
68 3rd Party Integration Configuration 1 day 10/02/22 10/02/22 58 69 Post Launch 2 days 10/05/22 10/06/22 68
70 Go Live 6 days 10/08/22 10/15/22 67;57;61;58;12
71 Operations 6 days 10/08/22 10/15/22
Training
Training will be available for the City staff to be able to maintain and manage the application.
Rock Solid will conduct training sessions on the ONEVIEW CRM solution for City personnel based on the schedule in the Project Plan. Training will be delivered to of all the end users. The training method will be discussed with the City in agreement with the best-expected results. Training material will be delivered in electronic format and hard copy format.
40 #9..
- 608 -
Rock Solid will use a combination of instructor lead training and train the trainer programs in agreement with the City’s expectations. Training materials will be adjusted in accordance with the City scope and user types.
Training will be available for the City staff to be able to maintain and manage the application. The training costs are included as part of the implementation and ongoing post-release training is included at no additional cost with the SaaS hosting model.
Rock Solid Training will be delivered to of all the end users. The training method will be discussed with the City in agreement with the best-expected results. Training material will be delivered in electronic format and hard copy format.
Rock Solid will use a combination of instructor lead training and train the trainer programs in agreement with the City’s expectations. Training materials will be adjusted in accordance with the City scope and user types.
Instructor led training – this training is for end-users, super users, and administrative users as following:
• End-User Training: Each department or business unit will rely on end users to work directly with the system each day. To ensure that end users are qualified to use the proposed solution, Rock Solid will develop on-site training classes during which an instructor shall use software and training guides to teach end users on how to use the system. This training includes, but is not limited to the following:
• Departmental users or tier 1
o Creating, modifying, and canceling a service request on behalf of the citizen. o Accepting and routing a service request to the appropriate personnel (tier 1 or tier 2) o View and update information regarding submitted citizen service requests. o Resolving a service request.
o Accessing the knowledge base (if added).
o Creating and modifying reports.
• Service/Field Workers or tier 2
o View information regarding citizen service requests
o Update assigned service requests
o Generate reports
• Super User Training: Each department or business unit will need staff capable of performing day-to-day administrative tasks. These Super Users will not be called upon to perform enterprise-wide tasks, but will oversee many aspects of their department’s implementation and continuing support. This training includes, but is not limited to the following:
o Service request configuration;
o Workflow configurations;
o Report creation and dashboard configuration
o Knowledge base maintenance (if added)
o Portal and Mobile App usage.
• Administrative users will be trained on the administrative functionality and configurations. This includes:
o Oversee and control user accounts and permissions.
o Maintain user workflow permissions associated with business rules. o Troubleshoot issues
o Reviewing audit logs
41 #9..
- 609 -
o Support all system users
• Train-the-Trainer Training - The City may be responsible for training new hires and new business units that adopt the CRM solution after the initial go-live. This training approach allows for improved system ownership and is the recommended training model. Rock Solid will conduct on-site training classes for in-house training staff who will lead, facilitate, and deliver the instructor-led portions of the training on the CRM system. This training will include the trainer’s role and responsibilities, the planning and teaching process, CRM system knowledge, and exams that will test learning. This course will provide City personnel with all of the required tools, templates, etc. to deliver the training to their colleagues. The City should consider using these trainers in tandem with Rock Solid’s trainers for the end user training outlined above. City trainers must be proficient by the end of the initial end-user training session.
An optional training/test environment may be configured. This training will be provided on a “just in time” basis to minimize knowledge loss from the date of training until go live. The training plan will take into account shift work. Supplemental training and help tools will include online content, video instruction and Interactive classes. (Please see Optional Sandbox environment.) Rock Solid will provide qualified, trained, and experienced instructor(s), as well as ensuring that they do not perform other duties during the training period that will interfere with instruction. Instructor(s) will provide a survey to trainees to evaluate presentation and course materials for effective feedback to the City.
Train-the-Trainer training will prepare City personnel to lead, facilitate, and deliver the leader-led components of the training. This course will provide City personnel with all the required tools, templates, etc. to deliver the training to their colleagues.
Documentation and Knowledge Transfer
The following documentation will be provided that will assist with training:
• All relevant documents and manuals including user manuals, training manuals and technical support materials
• Documents in an electronic format, such as PDF and/or accessible online at their web site • Knowledge transfer sessions, on a one to one basis, on site, of the solution technical features to City’s assigned personnel, including but not limited to, installation, configuration, maintenance, administration activities and troubleshooting.
42 #9..
- 610 -
Additional Services Available
Rock Solid has many different services available to make the necessary functions of government easier and more efficient. The following solutions, which are available but not included, are two other products that readily complement the ONEVIEW solution and may help the City in other areas.
OneRequest
Rock Solid’s OneRequest solution is specifically designed to provide the City with a centralized system of receiving, managing, and responding to PRR and FOIA. As an accelerator product, OneRequest combines the built-in value of a software product and the flexibility of custom development. Unlike fully custombuilt solutions, this proposed solution can be quickly implemented within 6-8 weeks to make a tangible difference in operations.
OneRequest’s main features include:
• A multi-language (English/Spanish) solution platform in the Software as a Service (SaaS) model that incorporates record and document management, workflow automation, performance metrics, MS Excel integration, built-in alerts, electronic messaging, mobile compatibility, improved security and best practices.
• A web, desktop and mobile compatible, public portal to enable residents, business and media to easily submit public record requests and access self-service capabilities to manage profile, see notifications, track status of request and download responsive documents. • A web, desktop and mobile compatible, staff portal with built-in dashboard and reporting capabilities that enables staff to receive interact with requestor, collaborate with other departments and process requests while streamlining the process with automated workflows. 43 #9..
- 611 -
• An Extensible API for bi-directional integrations such as MS SharePoint, Outlook, Active Directory, and more
• Reliable and consistent service delivery measurements across all functions, and advanced reporting and dashboard capabilities.
OneMeeting
PrimeGov is a cohesive agenda management system that manages your public meeting processes with the latest, easy-to-use technology. Each module is 100% cloud-based SAAS and oursolution’s expandable, modular design can readily incorporate additional enhancements in the future.
PrimeGov’s main features include:
• Agenda Automation: Supports your staff in the full lifecycle of the agenda creation. Starting with the creation of a meeting, an item or even just the user itself, Agenda Automation will support managing the entire agenda process.
• Meeting Manager: PrimeGov’s module for meetings, managing the roll calls, motions, votes, minutes, notes actions, video streaming and much more.
o Speaker Management: Control speaker time with the timer. o Member Voting: Support the council’s need to vote electronically. o Kiosk: Allow residents to register to vote at the kiosk when attending a meeting • Video Streaming: For a city looking to have complete transparency with its residents, everything starts with video streaming. PrimeGov’s video module supports live stream and on demand recording directly to YouTube, creating some of the most powerful streaming in the market. • Committee Manager: In the same environment as the Agenda Automation module, Meeting Manager and Video Streaming have the full capacity to manager your Boards and Committees.
Keep track of member terms, generate reports for both internal and external needs and much more, all syncing up with your Agenda Automation module. • Community Engagement: The final piece of clear resident and transparency, allowing for your members to comment on items pre meeting.
44 #9..
- 612 -
Attachment 1 “Functionality
Questionnaire”
The rest of page left intentionally blank.
45 #9..
- 613 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT
1 Access to a test environment for testing new product
features and versions Meets Training, 43
We will deliver and support a
staging/production environment and
a test environment, including the necessary licensing
as part of the project scope.
2 Application is fully hosted by the vendor Meets Executive summary, 14 We are proposing a SaaS cloud‐hosted solution that
will be hosted with Microsoft Azure in the United
States. Microsoft Azure's Western US centers are
located in San Francisco, CA, Moses Lake, WA, and
Phoenix, AZ.
3 Client owns data generated by the solution and entered into the system Meets Data Storage and Security, 32
The city’s data resides in our service, and we do not
provide direct access to the data through any means
other than our standard applications. Our
applications do allow you to export the data as CSV
exports, so you can maintain a copy of it elsewhere if
you wish. In the event of termination of service, the
city’s data held within our systems will be destroyed
90 days post‐termination.
4 Website and application are compliant with the current WCAG A/AA standards. Available Voluntary Product
Accessibility Template (VPAT)
Meets
ADA Best Practices
Compliant, 28
We do not have independent auditor certification of
WCAG 2.0 compliance. On the whole we are
committed to offering a solution that accessible for
use by indivdiuals with disabilities and believe our
solution is currently broadly compliant. We are also
willing to work with you to understand any specific
use cases you have around accessibility and to
ensure that the product either meets them currently
or gets added to the development roadmap.
5 Software branding is customizable and meets current City of Modesto brand standards at launch Meets Executive summary, 14 We will offer the city deep configuration capabilities
for branding, including logo and other spaces for
customization. On the native mobile application also
included in our response, the city has robust
branding capabilities.
ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Overall System Functionality
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
46 #9..
- 614 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
6 Ability to link to the software in a web page from the City's existing web site, hosted by CivicPlus Meets Executive summary, 14 OneView includes a self‐service web portal, native
mobile apps and Knowledge Base for internal and
external use. A self‐service widget is provided that
can be placed within the City's existing web site for
online self service.
7 Compatible with current versions of Microsoft Windows, MacOS, iOS, and Android operating systems Meets Native Mobile Application, 28 Our mobile app is a web based SaaS so we support
the latest versions of iOS and Android. The best
browsers for OneView on the computer is Microsoft
Edge, Chrome, and Safari.
8 Application is available in the Apple App Store and in the Google Play store Meets Native Mobile Application, 28 The mobile application can be downloaded via direct‐ link, link to the page on the various stores, or searchable through the ios or android stores. 9 Compatible with current versions of Google Chrome Meets OneView Core Modules‐ Case Intake, 24 Google Chrome 48+ is supported on both the console and web application. 10 Compatible with current versions of Mozilla Fire Fox Meets OneView Core Modules‐ Case Intake, 24 Mozilla Firefox 43+ is supported on both the console and web application. 11 Compatible with current versions of Apple Safari Meets OneView Core Modules‐ Case Intake, 24 We support Apple Safari 12+ on both the console and web application 12 Compatible with Microsoft Internet Explorer 11 Meets OneView Core Modules‐ Case Intake, 24 The Console web application supports Microsoft
Internet Explorer 11. The public web application
doesn’t support Microsoft Internet Explorer. We
recommend using Microsoft Edge as Internet
Explorer is no longer being supported by Microsoft.
13 Compatible with current version of Microsoft Edge Meets OneView Core Modules‐ Case Intake, 24 Microsoft Edge is supported on both the console and web application. 14 Browser based version uses responsive design for display on various screen sizes and types Meets Native Mobile Application, 28 The web portal uses a responsive design to fit
different screen sizes and devices automatically. The
portal is full featured when using a smaller screen
compared to the desktop size.
47 #9..
- 615 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
15 Browser based version does not require additional
software or plugins to function (example: Java or
Silverlight)
Meets
OneView Core Modules‐ Case
Intake, 24
The OneView CRM web application can run in any of
the following web browsers: Google Chrome, Apple
Safari, Mozilla Firefox, Internet Explorer and
Microsoft Edge with no additional software required.
16 Landing Page ‐ A hub for City resources with links and notifications Meets Native Mobile Application, 28 The front page of the OneLink mobile app is highly
customizable. Many cities choose to put direct links
to their website and links to frequently asked
questions on this front page. The information is also
accessible from a dropdown menu.
17 Ability to migrate existing application name (GoModesto!) from our current platform. Meets Implementation ‐ Design, 37 We will offer the City deep configuration capabilities
for branding, including logo and other spaces for
customization. On the native mobile application also
included in our response, the City will have robust
branding capabilities.
18 Ability to migrate data from existing system (GoModesto! by PublicStuff) Meets Implementation ‐ Design, 37 Rock Solid has migrated several customers from
PublicStuff, including El Paso, Carlsbad, and
Knoxville. We require the file in a labeled format
and mutual agreement on non‐matching fields, or
requests without naming conventions.
19 Utilizes group and user level security Meets Data Encryption, 32 OneLink provides role based controls. We have
multiple different roles for each user that accesses
the system. Roles such as global admin, system
admin, user admin, power user, user, and viewer are
all included with our platform.
20 Public has the ability to create an account via web
browser or app Meets Citizen Self‐Service Portal, 27
The self‐service portal allows residents to create an
online account. This account allows them to request
services, view a history of the services requested, as
well as a status update.
Security and System Administration
48 #9..
- 616 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
21 Public has the ability to report an issue anonymously Meets OneView Core Modules‐ Case Intake, 24 The City can decide how to configure case types so
that they allow anonymous reporting. When
anonymous reporting is allowed, then the citizen
may opt to mark the case as anonymous, but can opt
to get a case number. If the ticket is publicly
viewable, they can follow on the portal or app.
22 The software has a System Administrator function that can manage security, maintain configuration data, and
assist in troubleshooting issues on the system
Meets Training, 43
Our solution uses security roles, which are a matrix
of privileges and access levels for the various
entities. System Administrator is the highest level
role which encompasses all the privileges and has
over‐riding rights.
23 The software allows security access to different sections of the system to be defined as read‐only, read‐write, and no access
Meets Data Encryption, 32
Administrators can manage users and grant role
based security. Roles define the capabilities
or access restrictions a user can have. A user can be
in multiple roles. When overlapping
data access restriction exist in different roles, the
user will receive permissions according to the role
with the lowest level of security.
24 The City's assigned System Administrator has the ability to limit or block visibility of service requests and history, by group (public, request processors, management, etc), and by Request Type (ex: graffitti, pot holes, code compliance) Meets Data Encryption, 32
Individual users can be assigned to "teams". Teams
can have restricted visibility so that various working
groups and departments can have a view that only is
their department.
25 Ability to support multiple users accessing and editing all components
Meets
OneView Core Modules‐
Workflows, 26 Out of the box
49 #9..
- 617 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
26 Maintain an audit trail of changes made to each item Meets Reporting, 31 The system will manage the case life cycle, including
registering the originating call, the regarding case
information and tasks or activities that are assigned
to users or departments. The history of any changes
to a record is stored in an audit log. All the important actions such as note creations, status changes,
ownership changes or assignments are also
presented in the activity feed section of the
requests. Related citizen information, emails, KB
articles, child/parent cases, and GIS asset
information is stored as part of the case.
27 Data is backed up at least once every 24 hours Meets Data Backup Process, 32 Complies 28 Ability to configure customizable workflows Meets OneView Core Modules‐ Workflows, 26 Custom Workflows – These are encapsulated
workflows that can perform specific hardcoded logic
that can be called from regular designer editable
workflows. This is normal in complex create, update,
delete or assign logic. An example would be reading
the content of an email and parsing the text data to
make a decision on updating other fields.
29 Cloud based systems are hosted in redundant data
centers for Disaster Recovery / Continuity of Operations during a failure or outage
Meets Data Backup Process, 32
Backups are stored in an alternate data center for
redundancy. If the event of a disaster in the
current data center, Microsoft Azure will restore
servers and data to another Azure center and
resume operations.
30 When used on devices that are GPS aware, use the device GPS as an option for the Service Request location Meets GID for Request Location, 26 OneView syncs with the customer’s location via GPS
integration. We also provide address verification to
minimize errors and duplicate service requests.
Required Functionality ‐ Citizen Perspective
50 #9..
- 618 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
31 Create a service request by address or by selecting a location on a map Meets GID for Request Location, 26
OneView allows the user to indicate the location of a
request by dropping a pin in a location or writing an
address. When writing an address, the pin may be
moved or placed to a more specific location. The
solution allows connecting to the City GIS maps and
layers. The system can display City assets from
existing GIS layers such as parking meters or trash
containers. The integration capabilities within
OneView allows the system to read specific GIS asset
information if desired.
32 Service request location allows for anonymized location Meets GID for Request Location, 26 The system has the ability to create anonymous
requests when a constituent does not want to
disclose his identity or provide any contact
information. The system can be configured such that
specific case types allow or disallow anonymous
submissions.
33 Abilty to attach multiple attachments to a service request Meets OneView Core Modules‐ Service Requests, 25 When submitting requests the citizen will be able to submit any City allowed file or media such as videos, pictures and documents from the mobile phone. 34 When accessed via a smartphone, the ability to upload pictures or documents directly from the phone's operating system or camera roll
Meets Native Mobile Application, 28
A report can attach one or multiple pictures, video,
or audio ‐ from the device's camera, or an existing
library of images.
35 Ability for the public to create accounts and set preferred system settings
Meets Citizen Self‐Service Portal, 27 This is a core functionality of the proposed CRM. 36 Submitter can see progress of submitted requests and receives notifications when updates are available. Meets Citizen Self‐Service Portal, 27 The self‐service portal allows residents to create an
online account. This account allows them to request
services, view a history of the services requested, as
well as a status update.
37 Availability in multiple languages (Spanish is required). Meets Executive summary, 14 OneView supports English and Spanish. 51 #9..
- 619 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
38 Ability to chat directly with customers in a private and public environment to provide status updates on their
requests.
Meets Citizen Self‐Service Portal, 27
System allows for staff to send a message to a
submitter with an account, that will only be visible to the recipient.
39 Ability to seemlessly direct customers to other
applications and websites for specific service requests that are not managed by the City.
Meets
OneView Core Modules‐ Case
Intake, 24
There are more than one ways to accomplish this in
our proposed solution ‐ so that the city isn't locked
into a single method.
40 Ability to customize specific request types (trash, trees, sidewalks) for the City to deliver an appropriate response, such as the ability for customers’ to provide information about trash on public versus private property in the form of toggle tool.
Meets
OneView Core Modules‐ Case
Intake, 24
OneView allows the user to indicate the location of a
request by dropping a pin in a location or writing an
address. When writing an address, the pin may be
moved or placed to a more specific location. The
solution allows connecting to the City GIS maps and
layers.
41 Ability for a citizen to follow up a request with a rating or 'tell us how we did' section Meets OneView Core Modules‐ Workflows, 26 The solution provides the ability to send email
automatically to users with a satisfactions survey link to be completed and any additional information that
the City wants to include.
42 When anonymous reporting is used to create a request, City staff are able to message the anonymous user to
provide status, but does not have any direct contact
information or ability to contact the reporter outside of the application
Meets
OneView Core Modules‐ Case
Intake, 24
The City can decide how to configure case types so
that they allow anonymous reporting. When
anonymous reporting is allowed, then the citizen
may opt to mark the case as anonymous, but can opt
to get a case number and specify an email. With the
case number and email the citizen may see details of
the case in the portal by searching for it, and receive case updates via email. Anonymous can be
allowed or not allowed based on request type
43 Service Requests are coded by type to determine request assignment and for accurately reporting request statistics Meets OneView Core Modules‐ Case
Intake, 24
Requests can be coded by type to determine request
assignments and accurately report metrics. This is
core functionality.,
Required Functionality ‐ Staff Perspective
52 #9..
- 620 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
44 Staff have the ability to change service request type of a submitted request without closing and creating a new
request
Meets
OneView Core Modules‐
Service Requests, 25
The system has the ability to manage, edit and
configure cases without closing or creating a new
request. This includes, but is not limited to
information such as case type, location, source,
category (informational or service) and related
information such as reporting citizen, related tasks,
emails, child or parent request among other
features.
45 Requests are assigned to Individual queues based on the coded type of the request Meets OneView Core Modules‐ Service Requests, 25 Our solution provides the ability to handle case
management based on designated Team Queues
which are provided to users. This can be used
independent of the intake channel.
46 A request queue can be assigned to a single subject
matter expert or a group
Meets
OneView Core Modules‐
Service Requests, 25
The system can be configured to allow certain
service request types to be assigned to specific
teams. Those teams can be responsible to review the
content prior to reassign the service reques to the
desired deparment.
47 Ability to include multiple subject matter experts or groups to the request for multidisciplary solutions Meets OneView Core Modules‐
Service Requests, 25
Users have the ability to include assignment and
resolution function to process and resolve service
requests. Full functionality exists for assigning,
completing, and auditing work orders and requests.
48 Ability to mark a service request as a possible code case Meets OneView Core Modules‐ Service Requests, 25 This is standard OneView functionality. 49 Ability for staff to upload photos, enter comments, and change request statuses from the field using a iphone,
tablet, or laptop
Meets
OneView Core Modules‐
Service Requests, 25
The CRM solution is web‐based and for field workers
they can use our field worker mobile app or they can
access via a mobile browser as its responsive web
formatted.
50 Ability to easily integrate with key software in‐use by the City to eliminate the need of dual entry and task
management in multiple systems.
Meets Executive summary, 14
The solution will be integrated to the City's ESRI GIS, CivicPlus and Lucity solution in accordance with the
integration requirements. Through the APIs and
existing software connectors, OneView can integrate
with other applications.
System Integration/Interfaces
53 #9..
- 621 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
51 Data is accessible to the City via ESRI ArcGIS online for internal and/or public spatial analysis of service request data using ArcGIS online web services or apps
Meets Executive summary, 14 This is standard OneView functionality. 52 SSO integration via ADFS Meets Executive summary, 14 Authentication is managed by Active Directory
Federation Services. ADFS is configurable to provide
users with single sign‐on access to systems and
applications located across organizational
boundaries.
53 Integration with Lucity/CSEAM CMMS Meets Executive summary, 14 Out‐of‐the‐box, Rock Solid supports over 45 vendors,
which covers 90%+ of the market now. Lucity is
included in this list of software.
54 Link to City's primary website, hosted by CivicPlus Meets Executive summary, 14 The front page of the OneView mobile app is highly
customizable. Many cities choose to put direct links
to their website and links to frequently asked
questions on this front page. The information is also
accessible from a dropdown menu.
55 Link to City website Calendar, Events, or FAQ pages Meets Executive summary, 14 This is standard OneView functionality. 56 Link to City's meeting video streaming page, hosted by YouTube Meets Executive summary, 14
Many cities prefer to put links to their most
frequented pages on the home screen of their
branded mobile app. Some app stores will not allow
links to youtube in the app. This isn't unique to Rock
Solid, but to Apple.
57 Ability to send requests to external vendors via email based on service request category, as a single request or as a daily log (example: graffitti abatement, shopping cart pick up)
Meets
OneView Core Modules‐
Service Requests, 25
This functionality is included
Notifications
54 #9..
- 622 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
58 Notification via multiple paths including email, text, and push notifications Meets
OneView Core Modules‐
Alerts and Notifications, 27
Users may subscribe and unsubscribe to certain
topics by email and push notification (mobile). The
constituent may choose to provide their phone
number for SMS messaging. This functionality is only
available for customers with the "messaging" add‐
on. SMS messages can be sent as status updates
without the messaging add‐on
59 Ability for the public to set notification and system preferences Meets OneView Core Modules‐ Alerts and Notifications, 27 Constituents can create their own profile and
manage their own preferences. The fields collected
are up to the City to decide which information is
important to collect and understand their interests
to drive citizen engagement.
60 Staff email notifications when a service request is
assigned or is the reporter adds new information to the request
Meets
OneView Core Modules‐
Alerts and Notifications, 27
Notifications can be sent to the customers or
internal City users. Notifications can be sent at
different events in the lifecycle of the request such
as request creation, request assignment, request
status change and request closing.
61 Send notifications to staff members when SLA is violated, or soon to be Meets
OneView Core Modules‐
Alerts and Notifications, 27
In case of unexpected system down time that would
violate the SLA, clients will be notified of the event
and regular updates will be provided until it is back
online.
62 Provide notifications to app users (on demand and
scheduled (example: emergency notifications, information about events)
Meets
OneView Core Modules‐
Alerts and Notifications, 27
The proposed solution offers a robust notification
system, where emergency or public announcements
may be broadcast. Administrators of the solution
may send a notification to all users, users within a
geofence, users within a radius around a point, orusers who have subscribed to a topic/interest. The notification sent may be SMS, App‐based push
notification, or email. This functionality is included in the "messaging" add‐on
Analytics
55 #9..
- 623 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
63 Ability to search on an address and create a report Meets Reporting, 31 You will be able to easily access contact records in
the contacts tab in the CRM. Once in there it is open
field text or you can search by name, number or
address. Partial search works as well.
64 Ability to search for requests based on a general area on a map or a radius from a particular address Meets Reporting, 31 The system allows searches to be done by user‐
defined boundaries, e.g. a radius from a given point,to taking into consideration pre‐defined boundaries like layers drawn on a map, as well as specific
filtering of attributes.
65 Ability to search based on key words Meets Reporting, 31 OneView offers "search suggestions" as well as
"recent history lists" in searches including in global
searches, knowledge base searches and lookup fields
in all modules. All system records have the ability to
attach/link documents in addition to relating them to
any other record.
66 Ability to search based on a date span Meets Reporting, 31 This is standard OneView functionality. 67 Ability to analyze data on user activity, usage, report frequency, and time‐to‐completion Meets Reporting, 31 ONEVIEW provides several reporting tools that can
help the City in obtaining the necessary reports,
including system usage, access through audit logs
and participation through system log reports.
68 Ability to analyze reports that are location‐specific (i.e:
how many reports have we received regarding fallen trees in parks?, how many street lights are reported as not
functional in South Modesto?)
Meets Reporting, 31
This would be done with a combination of reports
regarding location and report type.
69 Ability to export data in xlsx, csv, and pdf formats for additional analysis Meets Reporting, 31 OneLink gives users the ability to export PDF service
request metric reports and XLSX, delimitated text,
GEO RSS, KML, SHP, and XML reports regarding
requests in all stages.
70 Ability to complete a custom form, e‐sign, and submit the form (example: bicycle registry, illegal lodging letters) Modifi cation We can discuss further if shortlisted, but the answer depends on the type of form and information collected.
Possible Future Functionality
56 #9..
- 624 -
Attachment B ‐ Functionality Questionnaire Citizen Reporting Software RFP XXX‐20
REQUIREMENT ABILITY TO EXECUTE
3rd Party
Does Not Meet
Proposal Section and Page#
Meets ‐ The software meets requirements "out of the box" Modification ‐ The software must be modified to meet the requirement. Modification will be available prior to go live. 3rd Party ‐ The package is able to meet the requirement with a third‐party solution
Does Not Meet ‐ The product is not able to meet the
Meets
Modification
Delayed
Modification Delayed Modification ‐ The software must be modified to meet the requirement. Modification will be available at a date after go live.
Comments
71 Ability for staff to create custom forms and surveys and post them to the app or website. Meets
OneView Core Modules‐
Workflows, 26
The city can create unlimited, custom, configurable,
conditional branching and nesting forms. We offer a
satisfaction survey, and for additional survey tools,
our platform can send surveys from Public Input,
Survey Monkey, etc.
72 Link to the City's Public Records Portal (NextRequest) Meets Executive summary, 14 This would be viewed inside the mobile app, or can
be linked during the submission of a request for
information on the app.
73 Link to the City's social media feeds (Facebook, Instagram, Twitter, LinkedIn, SnapChat, etc) Meets Executive summary, 14 Core out of the box functionality 74 Central Square TrakIt integration Meets Executive summary, 14 Rock Solid has integrated with 50+ systems,
including TrakIT. We have several customers live on
trackit integration today ‐ but versions and hosting
model may require a new integration built. We are a
preferred CRM partner for Central Square.
75 Make appointments with City staff (example: passport applications) Meets
OneView Core Modules‐
Workflows, 26
This does not integrate with a calendar, but the
OneView CRM allows for internal flows of requested
time/date, and our custom forms allow for
time/date selection
57 #9..
- 625 -
1 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
FOR
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Non-Mandatory Proposers Conference
To be held via Microsoft Teams on
Wednesday, July 6, 2022 at 2:00 p.m.
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,519520965# United States, Dallas
Phone Conference ID: 519 520 965#
PROPOSAL OPENING: August 2, 2022 at 11:00 A.M.
CITY OF MODESTO CONTACT: Dianne Love, Senior Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209)571-5164
EXHIBIT C
#9..
- 626 -
2 CITY OF MODESTO
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
TABLE OF CONTENTS
Page
. Notice to Proposers.............................................................................................................3 . City Contacts.......................................................................................................................4 . Calendar of Events..............................................................................................................4 . Offer and Acceptance..........................................................................................................4 FORMS
. Proposal Acknowledgement (Signature Form)................................................................6 . Pricing Schedule (Signature Form)..................................................................................6 . Exceptions, Clarifications, Amendments ...........................................................................8 . References...........................................................................................................................9 . Financial Interest Disclosure.............................................................................................11 . Company History Statement.............................................................................................14 . Minimum Qualifications...................................................................................................14 Technical Specifications and Requirements
. Proposal Evaluation Criteria.............................................................................................16 . Background .......................................................................................................................17 . Scope of Services..............................................................................................................17 . Insurance Requirements....................................................................................................20 .
General Terms and Conditions
. Proposal Submittal............................................................................................................22 . Acceptance/Rejection of Irregular Bids............................................................................22 . Complete Bid Document ..................................................................................................23 . Compliance / Non-Compliance ........................................................................................23 . Pricing Format...................................................................................................................23 . Pricing Schedule................................................................................................................23 . Award of Proposal ............................................................................................................24 . Evaluation Process............................................................................................................24 . Term of Contract...............................................................................................................24 . Termination of Services....................................................................................................25 . Payment.............................................................................................................................25 . Sample Agreement............................................................................................................33 #9..
- 627 -
3 NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals for the furnishing of CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT for the City of Modesto, Information Technology Department.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Proposals shall be submitted on the proposal sheet and shall be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such proposals shall include all necessary specifications. It is highly recommended all proposal documents be downloaded from the City’s website.
Each proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, August 2, 2022 at 11:00 A.M., at which time proposals will be opened and recorded. All proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Proposals will be received only at the address shown above, and prior to the time indicated. Any proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the proposer unopened.
All proposals, whether delivered by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of proposals. The City of Modesto assumes no responsibility for delay in the delivery of the proposal.
On the outside of both the proposal envelope and courier envelope, the proposer shall indicate the following:
NAME AND ADDRESS OF PROPOSER
SPECIFICATION NUMBER 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
PROPOSAL OPENING DATE: AUGUST 2, 2022 AT 11:00 A.M.
MAIL TO: CITY CLERK COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.
No proposer may withdraw his/her proposal for a period of one-hundred twenty (120) days after the date set for the opening thereof.
#9..
- 628 -
4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Dianne Love, Senior Buyer, via email at [email protected].
All contacts during the proposal process shall be through the Purchasing Division. Attempts by the proposer to contact department representatives may result in disqualification of the proposer from the proposal process.
CALENDAR OF EVENTS
Event Date
Proposal Issued June 17, 2022
Non-Mandatory Proposers Conference July 6, 2022 at 2:00 p.m.
Written Questions Due July 13, 2022
Addendum Issued (if required) July 20, 2022
Response Due BEFORE 11:00 A.M. on Tuesday, August 2, 2022 Proposal Award Date September 2022
Note: Award date is approximate.
Note: Deliver or mail proposals to the referenced address, only, as indicated in the Notice to proposers.
It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The proposer agrees and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a proposal. By the submission of a proposal, the proposer certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
OFFER AND ACCEPTANCE:
Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or her designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.
#9..
- 629 -
5 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.
COMPLETE PROPOSAL Page No.
. Proposal Acknowledgement (Signature) ....................................................................6 . Pricing Schedule (Signature).......................................................................................7 . Exceptions, Clarifications, Amendments (if applicable)..............................................8 . References.....................................................................................................................9 . Financial Interest Disclosure Form (Pg. 13 if applicable)..........................................11 . Company History Statement ......................................................................................14 . Addenda Acknowledgement Page (if applicable) .....................................................15 . Proposal Response ..................................................................................................N/A . Attachment 1.................................................................................Separate Attachment #9..
- 630 -
6 PROPOSAL ACKNOWLEDGEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
The City is soliciting proposals from qualified proposers to furnish its requirements per the specifications, terms and conditions contained in the above referenced proposal number. This Proposal Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the proposal response.
Obligations assumed by such signature must be fulfilled.
1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the proposal. (b) Quote price as specified in proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Proposal: If you are not submitting a proposal but want to remain on the mailing list and receive future proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any proposal. (b) Proposals are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful proposer within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the proposer’s expense.
7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the proposer with its proposal, the City may reject the same, and it shall thereupon become the duty of the proposer to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the proposer fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the proposer. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.
9. California Government Code Section 4552: In submitting a proposal to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.
11. Two “Inked” Signed Original Proposal Document Requested: Failure to furnish at least one “inked” signed original proposal document may result in disqualification.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.
Firm:
Address:
City/State/Zip:
Signature/Title/Date:
#9..
- 631 -
7 PRICING SCHEDULE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Unit Price
Application Purchase Price
User Licensing
Resident Portal
Vendor Application Support
Maintenance, hosting, and upgrades
Implementation Fee
Configuration
Migrate Existing Data
Integrations with other systems (e.g. GIS, CMMS)
Training
Custom Branded Application
Will proposer accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.14 Payment.
City Business License No. __________ Expiration Date: __________ THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.
Company Name (Proposer):
By (Person Submitting Proposal): (Print)
By (Person Submitting Proposal): (Signature)
Title of Person Submitting Proposal:
Business Address
(City/State/Zip):
Email Address:
Telephone Number:
Fax Number:
Date:
#9..
- 632 -
8 EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Exceptions, Clarifications, Amendments
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response.
Item No. Reference To: Description
Page No. Paragraph No.
Company Name (Proposer):
#9..
- 633 -
9 REFERENCES
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work.
References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Proposer’s failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the Proposers’ performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
#9..
- 634 -
10 Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Service:
Annual Contract Value $
Company Name (Proposer):
#9..
- 635 -
11 FINANCIAL INTEREST DISCLOSURE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
FINANCIAL INTEREST DISCLOSURE
REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.
FinDisclosure12-19
#9..
- 636 -
12 FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.
The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
By signing this document I agree to the information contained within.
COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR
#9..
- 637 -
13 FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
Signature / Print:
#9..
- 638 -
14 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested in this RFP.
The company history statement shall be prepared on company letterhead and provided with the proposal submittal.
MINIMUM QUALIFICATIONS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
Financial Stability:
City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.
A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists.
One complete set of Financial Statements shall be submitted within two (2) business days of City request. Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Dianne Love at (209)571-5164, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City.
CITY OF MODESTO, PURCHASING DIVISION
1010 10TH STREET, SUITE 5300
ATTN: DIANNE LOVE
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT RFP 2122-64 MODESTO, CA 95354
#9..
- 639 -
15 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.
This document is only required to be returned should addenda have been issued.
The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:
LIST ALL ADDENDA
NUMBERS:_____________________________________________________ Company Name (Bidder):
#9..
- 640 -
16 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
Most of the material needed to present a comprehensive proposal can be placed into one of the sections listed. Responses should be complete and detailed. However, if relevant information needs to be presented to further support the proposer’s case other appropriate sections may be added.
EVALUATION
All responsive proposals submitted will be reviewed by a City of Modesto evaluation committee.
At the completion of the proposal review, finalists may be asked to provide an in-depth presentation and product demonstration in Modesto. Whether or not a presentation shall be performed is wholly within the discretion of the evaluation committee. The committee will select the proposal which best fulfills the City’s requirements and represents the best value to the City of Modesto as determined by the evaluation committee. No single factor will determine the final award decision.
Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.
EVALUATION CRITERIA
1. Response to Technical & Functional Requirements
2. Adherence to Scope
3. Completeness of RFP Response
4. References
5. Project Plan and Project Schedule
6. Cost
#9..
- 641 -
17 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
TECHNICAL SPECIFICATIONS AND GENERAL REQUIREMENTS
1.0 BACKGROUND:
The City of Modesto (City) is exploring Citizen Relationship Management (CRM) Systems. The City requires a solution to facilitate non-emergency service requests and provide digital access to City services. The system will be a cloud-based solution allowing for both web and mobile device access for the purposes of reporting, tracking, and managing service requests such as graffiti, potholes, broken street signs, etc. Residents should be able to submit service requests using a mobile application and website tailored for Modesto in a multi-lingual and seamless manner. Issues are delivered to City staff in real-time and are tracked from start to finish, updating residents and staff on the progress of submitted tickets. The City intends to utilize the solution to collect a variety of data, route and assign service tickets, analyze trends, and communicate with residents using both web and mobile formats.
1.1 SCOPE OF WORK:
The selected vendor will be required to perform the following services:
A. Initial System Set-up - Perform all necessary work to setup the CRM system (i.e. software installation, creating user access, design portals to incorporate City graphics, etc.).
B. Project Plan and Management - The successful vendor shall provide extensive project management for the implementation of the proposed CRM. Vendor is expected to guarantee the successful, timely completion of those aspects of the project over which it has control. Vendor must provide a project plan for achieving the objectives of the project including an explanation of the role of all vendor personnel, the role of City of Modesto staff, and an overall project timeline. Key components to include in the project plan shall include an estimated timeframe, overview of deliverables, assumptions, and assumed vendor and City responsibilities. The vendor shall provide a qualified Project Manager who will be responsible for overseeing all aspects of the services to be provided to implement the proposed CRM system. The Project Manager shall serve as the vendor’s primary contact for management and administration of the project. The primary duties of the Project Manager include, but are not limited to:
a. Implement the project plan discussed above.
b. Facilitate communication between project team members from the City and vendor.
c. Make commitments and decisions on behalf of the vendor team. d. Implement changes to the project plan.
e. Manage project progress, including issues and potential schedule changes. f. Attend and participate in progress review meetings.
g. Provide regular status updates to City staff.
C. Training Requirements - The selected vendor shall provide the City with a comprehensive training program to assist with the facilitation, implementation, and #9..
- 642 -
18 comprehensive use of their proposed CRM system. The training plan shall support the following user groups:
1. Estimated System Administrators: 5
2.Estimated End-Users (Department managers, project managers, and administrative staff): 30
Key factors in an effective training program are expected to include:
• Instructors shall demonstrate a thorough knowledge of the material covered in the courses and familiarity with the training manuals, system documentation tools, and training aids used in the courses.
• The City has the right to video record, for internal use only, all training sessions.
These materials are valuable in refresher training and follow up training. All training aids, materials, and recordings prepared to accomplish this service become the property of the City.
• System Administrator training will cover the entire system with in-depth sessions for each functional area.
• End user training will be focused on functional positions and workflow processes. All personnel comprising a specific functional position in a department will be trained on the system’s use specific to their needs.
• Training shall be provided in the use of all report and query functions for users who will be creating and modifying reports.
• Quick reference guides which provide instruction to basic, often used functions shall be provided.
D. Ongoing Service and Upgrades - Following expiration of any warranty period, the selected proposer will be required to provide maintenance services, including, but not limited to, telephone and online technical and user support, as well as on-site services if necessary.
1.2 TECHNICAL SPECIFICATIONS:
The full scope of implementation is defined by the City’s technical and functional requirements, attached to this RFP as Attachment 1.
Specifically, the CRM shall offer the following functions:
For the customer:
• Availability in multiple languages (Spanish is required). • Ability to chat directly with customers in a private and public environment to provide status updates on their requests.
• Ability to direct customers to another application for specific service requests that are not the responsibility of the City.
• Ability to enter to specific locations through the use of a map-based feature within the application.
• Ability to customize specific request types (trash, trees, sidewalks) for the City to deliver an appropriate response, such as the ability for customers to provide information about trash on public versus private property in the form of toggle tool.
For the administrator:
#9..
- 643 -
19 • Ability to analyze data on user activity, report frequency, time-to-completion, and ability to produce reports in csv, excel, and pdf formats. • Ability to analyze reports that are location-specific (i.e.: How many reports have we received regarding fallen trees in parks? How many street lights are reported as not functional in South Modesto?)
• Ability to integrate with key software in-use by the City to eliminate the need of dual entry and task management in multiple systems.
• Ability to make emergency information available in the form of alert notifications on a customer’s mobile phone.
• Ability to configure customizable workflows
The City expects the system to function on the following platforms:
• Microsoft Windows
• Apple MAC
• iOS
• Android
The City expects the system to function using the most current versions of the following web browsers:
• Google Chrome
• Mozilla FireFox
• Apple Safari
• Microsoft Edge
In the proposal, please outline all operating system and browser versions supported by the proposed product.
The City expects the system to integrate with third party applications, please refer to Attachment 1 for the specific application integrations.
1.3 DELIVERABLES/REPORTS:
The Vendor will be required to provide a detailed project status report on an established frequency. This report will identify the key components through the duration of the project.
1.4 EXAMPLES IN OTHER CITIES AND COUNTIES:
A complete proposal will require a minimum of 3 examples of your CRM in-use in other jurisdictions (cities and/or counties) in the form of videos, and links that include detailed information regarding the manner by which the jurisdiction is utilizing the functionality of the CRM.
1.5 ACCOUNT MANAGER/SUPPORT STAFF
The Vendor will provide a list of staff and their roles involved in this project.
1.6 REQUIRED LICENSES:
#9..
- 644 -
20 Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.
If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the proposal is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.
1.7 INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
C. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
D. Technology Professional Liability Services – (Errors and Omission) vendors – (Cyber Liability) – insurance with a minimum limit of $2,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be #9..
- 645 -
21 named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.
For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
1.8 PROPOSER CONFERENCE:
A proposer conference is scheduled for July 6, 2022, beginning at 2:00 P.M.
Non-Mandatory Proposers Conference
To be held via Microsoft Teams on
Wednesday, July 6, 2022 at 2:00 p.m.
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,519520965# United States, Dallas
Phone Conference ID: 519 520 965#
Persons attending the proposers conference assume all risks of damage or loss to person and property and specifically release the City of Modesto from liability therefore. #9..
- 646 -
22 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
GENERAL REQUIREMENTS
2.0 PROPOSAL SUBMITTAL:
Proposer should submit two “inked” (preferably blue ink) signed original proposal documents, plus one (1) copy of the signed original proposal document and one (1) electronic copy submitted via USB. The original proposal document shall be clearly marked. Photocopies do not constitute an original proposal document.
FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.
It is the responsibility of the proposers to identify information in their proposal responses that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
All costs associated with the preparation of this proposal shall be borne by the proposer.
All exceptions taken to these specifications shall be specifically and clearly identified on the Exceptions, Clarifications, and Amendments Form. Failure to comply with this provision is grounds for proposal rejection.
Exceptions taken shall not affect the overall performance and quality of the services required by the City. The Purchasing Manager or her designated agent shall make the final decision regarding the acceptability of the services with exceptions.
Proposal shall be made in the format specified below. All requested exhibits shall be submitted with the completed Proposal and in the designated format. No oral, telegraph, telephone, facsimile or electronic proposals will be accepted. Failure to comply with all requirements may result in proposal rejection.
2.0.1 PROPOSAL PREPARATION:
Proposal shall be submitted in a three-ring binder with section tabs (A through Z as needed) with responses in the order described below. In those instances where specific questions are asked, each question shall be repeated in the proposal with the response following the question.
Extraneous or marketing information shall not be included.
If a service requirement cannot be met, Proposer shall indicate “No Proposal” in the relevant section of the proposal. In this case, proposer may offer an alternative equivalent service.
2.0.2 ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS:
A contract shall be awarded to the proposer whose proposal most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal. #9..
- 647 -
23 2.0.3 COMPLETE PROPOSAL SUBMITTAL:
The following documents constitute the makeup of a complete proposal submittal:
• Proposal Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Exceptions, Clarifications, Amendments
• References
• Financial Interest Disclosure (Signature Form)
• Addenda Acknowledgment Form (If Applicable)
• Company History Statement
• Proposal Submittal
• Attachment 1 “Functionality Questionnaire”
Failure to furnish any of these documents may result in disqualification.
2.0.4 PROPOSAL PREPARATION:
Proposals shall be prepared in the order listed in Section 2.1.3 Complete Proposal Submittal.
Proposals should be tabbed with dividers. Tabbed dividers shall be clearly marked indicating the appropriate document.
2.1 COMPLIANCE:
Proposers are required to sign the “Pricing Schedule, Financial Interest Disclosure and Proposal Acknowledgement Forms” of this proposal document, thereby acknowledging they are in full compliance with all requirements of RFP No. 2122-64, and any addendum to such proposal.
Failure to comply may result in disqualification.
The proposer guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.
2.2 NON-COMPLIANCE:
If you cannot comply with a specification requirement, note as an addendum on the Exceptions, Clarifications, Amendments Form specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the proposer is not in compliance with the specification, the proposal may be rejected.
2.3 PRICING FORMAT:
All labor, initial background checks, drug-screening, licenses and insurance necessary to perform the services shall be included in the proposed pricing.
Unless otherwise stated, the proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
2.4 PRICING SCHEDULE:
Proposers shall use the Pricing Schedule Form to present their proposed pricing. No other form or format shall be accepted.
#9..
- 648 -
24 2.5 AWARD OF PROPOSAL:
Proposals shall be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria.”
The committee shall recommend award to the proposer who, in its opinion, has submitted a proposal that best serves the overall interests of the City, and attains the highest overall point score.
Award may not necessarily be made to the proposer with the lowest price.
The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.
The City reserves the right to select that proposal, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the proposer that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
2.6 EVALUATION PROCESS:
Proposals shall be evaluated using a three (3) step process:
Level 1 – Minimum Qualifications Review: The City shall perform an initial responsiveness review to determine compliance and shall notify disqualified Proposers. Proposers that do not meet the “Minimum Qualifications” requirements shall be deemed non-responsive and/or/nonresponsible to this RFP and will receive no further consideration.
Level 2 – Proposal Content and Cost Ratings: Proposals that meet Level 1 Minimum Qualifications Review shall be evaluated based on the evaluation criteria “Proposal Evaluation Criteria”. Proposer submittals shall be evaluated and scored. Proposer cost information shall be evaluated as part of Level 2 evaluation process.
Level 3 – Short List (Oral Presentations): At the sole discretion of the Evaluation Committee, a “short list” of proposers may be developed of the highest rated written submissions, based on Level 1 and Level 2 rankings. If the Evaluation Committee chooses, these proposers would be invited to give presentations. Final scoring of “short list” proposals shall be completed upon the conclusion of presentations.
2.7 TERM OF CONTRACT:
The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.
A. Pricing shall remain firm for the first two (2) years of any contract, which may be awarded pursuant to this RFP.
B. Price increases for subsequent contract years number and number, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. #9..
- 649 -
25 2.9 QUANTITIES:
The successful proposer shall be required to provide whatever quantities may be required during the contract term. No minimum or maximum is guaranteed or implied.
2.10 FUNDING:
All annual extensions are based upon continuous funding for that purpose by the City Council.
Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.
2.11 INSPECTION AND ACCEPTANCE:
Whenever the product or service provided by the supplier has been delivered to the delivery point, the designated agent shall make the final inspection and acceptance.
If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.
2.12 CITY BUSINESS LICENSE:
Prior to beginning any service, that shall be furnished under this specification and proposal, the Proposer shall secure the appropriate Business license from the City of Modesto. Business license information may be obtained by calling (209) 577-5389.
2.13 TERMINATION OF SERVICES:
Refer to the “Sample Agreement” for termination of services
2.14 ELECTRONIC PAYMENT:
Electronic Payment Method:
The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information is issued to the supplier’s designated Accounts Receivable contact by email remittance advice at time of payment.
During the evaluation process preference may be shown to proposers that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
2.15 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
#9..
- 650 -
26 2.16 NON-DISCRIMINATION:
A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
2.17 NON-DISCRIMINATION OF THE HANDICAPPED:
CERTIFICATION OF PROPOSER REGARDING NON-DISCRIMINATION OF THE
HANDICAPPED
By executing this agreement, the proposer hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.
2.18 DRUG FREE WORKPLACE:
Proposer/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter
5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
#9..
- 651 -
27 2.19 HOLD HARMLESS AGREEMENT:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CONTRACTOR, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.
2.20 ASSIGNMENT OF RIGHTS:
CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
2.21 CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve the proposer of his/her responsibility to furnish the required items and service meeting all specifications contained herein.
2.22 PROPOSAL/SELLER REPRESENTATION:
The proposer/seller represents that:
A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.
B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.
C. He/She will complete the work for the compensation stated above.
D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.
E. In addition thereto, the proposer/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order issued within the time specified in it.
F. Anything mentioned in the specifications and not in the Purchase Order, or mentioned in the Purchase Order and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between the specifications and the Purchase Order, the Purchase Order shall govern.
#9..
- 652 -
28 2.23 FAILURE TO PERFORM SATISFACTORY:
It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.
2.24 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
If CONTRACTOR damages any property belonging to the CITY, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.
2.25 LABOR FORCE AND SUPERVISION:
CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed. CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.
2.26 PROTEST AND APPEAL PROCEDURES:
Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal. "Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may #9..
- 653 -
29 lodge a protest. Procurements valued at $50,000 or less normally will not have an Announced Decision.
A. PROTEST PROCEDURES
1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.
2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED
PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor;
b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date; c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
All protests shall either be delivered to:
City Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)
1. Protest to Purchasing Manager
#9..
- 654 -
30 Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager.
A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.
All protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-
4.05. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff #9..
- 655 -
31 member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.
All protests shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
#9..
- 656 -
32 The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.
D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS
1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto.
Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.
2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration. #9..
- 657 -
33 SAMPLE AGREEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-64
CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called
CONTRACTOR,
W I T N E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2022-_____ authorizing the award of proposal and contract for the furnishing of a Citizen Relationship Management System Replacement to Contractor, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT, as described in RFP No. 2122-64 – CITIZEN RELATIONSHIP MANAGEMENT SYSTEM REPLACEMENT, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. CONTRACTOR shall furnish CITIZEN RELATIONSHIP
MANAGEMENT SYSTEM REPLACEMENT insofar as such scope of services are specified in Exhibit “B”, and in strict accordance with the conditions of the complete Contract. #9..
- 658 -
34 b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
c. CONTRACTOR shall furnish said services at the following contracted rates, not to exceed $_________________ annually:
Unit Price
2. CITY REPRESENTATIVE:
Contract Administrator is:
________________________ ____________________________
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
#9..
- 659 -
35 The term of the contract shall be for a period of two (2) years, with three (3) oneyear extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: Notice to Proceed through Month DD, YYYY
Year 2: Month DD, YYYY through Month DD, YYYY
Year 3: Month DD, YYYY through Month DD, YYYY
Year 4: Month DD, YYYY through Month DD, YYYY
Year 5: Month DD, YYYY through Month DD, YYYY
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of the contract.
Price increases for subsequent contract years, number, number and number, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
#9..
- 660 -
36 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.
This insurance shall cover any automobile for bodily injury and property damage.
(d) Technology Professional Liability Services – (Errors and Omission) vendors – (Cyber Liability) – insurance with a minimum limit of $2,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or #9..
- 661 -
37 terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.
CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
#9..
- 662 -
38 For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.
CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.
5. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
6. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the #9..
- 663 -
39 American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
7. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
8. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:
#9..
- 664 -
40 Proofs of insurance (approved by Risk Management); and Executed Agreement and all exhibits thereto.
9. TERMINATION OF SERVICES:
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and #9..
- 665 -
41 agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. #9..
- 666 -
42 i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of
#9..
- 667 -
43 receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
11. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFP No. 2122-64 – CITIZEN RELATIONSHIP
MANAGEMENT SYSTEM REPLACEMENT;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
12. NOTICES:
#9..
- 668 -
44 Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
13. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
14. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
15. WAIVER:
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
#9..
- 669 -
45 16. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
17. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
18. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.
No future waiver or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
19. PARTIAL INVALIDITY:
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #9..
- 670 -
46 WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:_______________ ______ _ By:_________________________________ DIANE NAYARES-PEREZ, CMC (Signature)
City Clerk
By:_________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:
JOSE M. SANCHEZ,
City Attorney
By:_________________________________
JOSE M. SANCHEZ,
City Attorney
By:_____________________________
JOE F. RODRIGUEZ,
Risk Manager
#9..
- 671 -