REQUEST FOR PROPOSALS
FOR PROFESSIONAL SERVICES
GASB 87 LEASE SOFTWARE AND CONSULTING SERVICES
RFP No. 2086
ISSUED BY
THE CITY OF RIVERSIDE
FINANCE-PURCHASING DIVISION FOR:
Finance Department
3900 Main Street
Riverside, California 92522
PROPOSAL DUE
May 10, 2021 BEFORE 05:00PM PST
RFP No. 2086
Request for Proposals
Table of Contents
Section
1. Introduction/Purpose
2. Schedule of Events
3. Background
4. Prerequisites
5. Scope of Services
6. General Terms and Conditions
7. Inquiries
8. Completion of Proposal
9. Delivery/Submission of Proposals
10. Alternative Proposals
11. Proposal Format and Content
12. Examination of RFP and Sites of Work
13. Addenda
14. Withdrawal of Proposal
15. Public Records
16. Evaluation of Proposals
17. Rejection of Proposals
18. Protest Procedures
19. Contract Term
20. Contract Documents
21. Execution of Agreement
22. Failure to Execute the Agreement
23. Cancellation
Exhibit A – Scope of Services
Exhibit B – Sample Technology Services Agreement
Exhibit C – Company’s Qualifications Statement/Questionnaire
Exhibit D – Disclosure Questionnaire
Exhibit E – Innovation and Technology Software/System Pre-Selection Questionnaire
Exhibit F – Price Breakdown Sheet
1. Introduction/Purpose
The City of Riverside (“City”) is seeking a qualified entity or individual (“Company”) to provide an off the she lf software solution from a licensed vendor and subsequent implementation that would provide th e City with a tool to track, account for and disclose les see and lessor ag reements, in accordance with Governmental Accounting Standards Board Statement No. 87 – Leases (GASB 87) as well as a potenti al tool for lease management. The City anticipates selecting one firm to perform the services.
Proposals are requested from Companies that ha ve a demonstrated ability to perform the tasks identified in this Request for Proposal (“RFP”).
2. Schedule of Events
It is the goal of the City to select a nd retain a Company by July 13, 2021. In preparation for that action, the following tentative schedule of events has been prepared:
Event Date Time
Request for Proposals Released 04/06/2021
Final Questions Due 04/14/2021 Before 5:00pm PST
Responses to Questions Released 04/26/2021 N/A
Proposals Due 05/10/2021 Before 5:00pm PST
Interviews/Demos, If Needed Week of 05/31/2021 To be determined Notification of Tentative Selection 06/07/2021 N/A
Tentative City Council Meeting to Consider
Awarding Contract
07/2021 N/A
The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the ri ght to request or obtain additional information ab out any and all submittals before making an award. The City also reserves the right to seek clarifica tion from any Proposer about any statement in its proposal that the City finds ambiguous.
3. Background
The Governmental Accounting Standards Board issued GASB Statement No. 87, Leases, essentially eliminating the concept of off -balance sheet financing a nd requiring organizations to recognize equipment and real estate type leases as assets and liabilities on the balance s heet. Under GASB 87, a lessee gove rnment is re quired to reco gnize: (1) a leas e lia bility; and (2) an intangible asset representing the lessee’s right to use the le ased asset. A lessor government is required to recognize:
(1) a lease receivable; and (2) a d eferred inflow of resources. A les sor will continue to report the leased asset in its financial statements.
The requirements of GASB 87 are effective for the City’ s fiscal year beginning July 1, 2021 (fiscal year 2022). The City is party to lease agreemen ts as both a lessee and lessor for various types of property, including real estate and equipment. The City has an estimate of approximately 450 leases citywide spanning across multiple departments; however, it is likely a significant portion of these
are not GASB 87 relevant. Current lease information is s tored in a variety of way s across the City including electronic and printed contracts retained by the departments, Microsoft Excel worksheets, and ePropertyPlus, which is currently used by the City ’s Real Property Services division to manage property leases.
The City is currently underg oing an effort to identify all leases to comply with GASB 87 financial reporting requirements.
4. Prerequisites
Proposals will only be considered from Companies that meet the following prerequisites:
• The Company or personnel shall have at least 5 years’ of experience, within the past 5 years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services (“Services”) (Exhibit “A”). Have not filed for bankruptcy under any business name over the past five (5) years.
• Have regis tered as a “ Prospective Bidder ” on the City’s electronic Current Prospective Bidders List. Companies can register at:
PlanetBids Vendor Portal
• Once registered, Companies must download this RFP by clicking “Place eBid” under their name in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this RFP will not appear on the Bidders’ List a nd will be unable to participate or be considered for this RFP.
• If applicab le, C ompany and/or its key personnel, shall hold an appropr iate license for the Company’s discipline and the Services on the date the Proposal is submitted. • If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.
• A response to Exhibit “E” Innovation and Technology Software/System Pre-Selection Questionnaire. Vendor must meet the City’s Innovation Technology requirements.
5. Scope of Services
The City is seeking a software solution and subsequent implementation that would provide the City with a t ool to track, account fo r and disclose les see and lessor agreem ents, in a ccordance wi th Governmental Account ing St andards Board Stat ement No. 87 – Leases (GASB 87 ) as well as a potential tool for lease management . The selected Company shall provide the services require d in Exhibit A, Scope of Services, attached hereto and incorporated herein.
6. General Terms and Conditions
The successful company wil l b e required to execute a Technology Services Agreement (“Agreement”). A sample is attached as Exhibit “B”. The successful compa ny must meet all insurance req uirements in the Agreement. All terms and conditio ns of the Agreement are non - negotiable. Companies must possess valid City of Riverside Business Licens e throughout the term on the cont ract. Failure to ex ecute the Agreement and furnish the required insurance wi thin the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute t he Agreement, the City ma y award the Agreement to the next most qualified Company.
7. Inquiries
If p rior to the d ate fixed for subm ission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its append ices or exhibits, the Compan y shall immediately notify the City of such error in writ ing a nd request modification or clarificati on of the document. Modifications shall be made by written Addenda to the RFP.
If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP kno wn to the Com pany, or an error that reasonably should ha ve been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.
All requests for cla rifications, changes, exceptions, deviations to the terms and conditions set forth in this RFP must be submitted via “Q&A” through the City’s Electronic Bidding System, PlanetBids Vendor Portal.
The Final day for receipt of questions from the Proposer shall be as stated in the schedule of events To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any ve rbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an adden dum to t he RF P that will be posted on the City’ s website. Any communica tions, whethe r written or verbal, with any City Councilmember, the Mayor, or City staff other than the individual indicated herein, prior to award of a contract by City Council, is strictly prohibited. Any Proposer who violates thi s provision shall be imme diately disqu alified from consideration as a vendor unde r t he terms of this RFP.
8. Completion of Proposal
Proposals shall be completed in all respects as r equired by this RFP. A pr oposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind and will be rejected if any such defect or irregularity can materially affect the qual ity of the proposal.
Proposals which contain f alse or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such informat ion was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capabilit y is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall als o be with out am biguity, and with adequate elaboration, where necessary, for clear understanding.
Unauthorized conditions, exemptions, limitations, qualifications, or provisions a ttached to a Proposal will render it non-responsive and will cause its rejection.
The Company, in responding to this RFP, m ust submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.
Costs for developing P roposals are entirely t he re sponsibility of the Company and shall no t be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP , including but not limited to, cost s for any interviews, presentations, or other f ollow-up information necessary as par t of the selection process . Al l costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the C ity harmless from any liabi lity, claim, and expense whatsoever incurred by or on behalf of the Company.
9. Delivery/Submission of Proposals
Proposal Due Date/Time: May 10, 2021 BEFORE 05:00 PM PST
All prospective Companies submitting a proposal must appear on the C ity’s electronic Current Prospective Bidders List as a “ Prospective Bidder .” Companies shall regi ster on the Ci ty’s Electronic Bidding System, PlanetBids Vendor Portal. Once registered, Companies must download the RFP by clicking “ Place eBid” while log ged in under their own name and ident ification number to appear on the Current Prospective Bidders List as a “ Prospective Bidder.” Companies that fail to download the RFP by clicking “Place eBid” will not app ear on t he Current Prospective Bidders List and their proposals will b e con sidered n on-responsive. If a Company is u nable to register or download the RFP from the bidding website, a representative may contact the Planet Bids at 818-992-1771 prior to bid due date and time.
All proposal documents an d supplementary documents must be upl oaded using the City’s bidding website prior to event d ate and time as instructed in this solicitation . Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.
The City re serves the r ight to reject any and all proposals and to waive information and minor irregularities in any proposal received.
Acceptance of Terms a nd Conditions - Submission of a proposal pursuant to t his RFP shall constitute acknowledgment an d acceptance of all terms and conditions hereinafter set forth in this RFP.
The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.
10. Alternative Proposals
Only one proposal is to be submitted by each Company for this RFP . Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company. A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time.
11. Proposal Format and Content
Proposals should be prepared in suc h a way as to provide a straightforward, c oncise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability t o perform work of this type. Emphasis should be concentrated on completeness and clarity of content.
Proposals shall adhere to the follo wing format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation:
a) Cover Letter
b) Statement of Understanding and Approach
c) Company Information
d) Company Personnel
e) Experience and References
f) Overall Project timeline
g) Evidence of Insurance
h) Pricing
i) Disclosures
a. Cover Letter
The cover letter shall include a brie f general statement of intent to perform the service s and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process.
b. Statement of Understanding and Approach
This section must demonstrate an understanding of th e Services. It should describe the general approach, organization and staffin g requ ired for the Services requested. If neces sary, prelimi nary investigations, due diligence, and research shall be discussed in this section.
c. Company Information
This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, j oint ve nture, e tc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
The Proposal shall ident ify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certificatio n, the Proposa l shall incl ude any claims or disciplinary action taken against Company or any of Company’s key personnel withi n the past five years.
d. Company Personnel
This section shall contain names, resumes, contact numbers and description of experience, including licenses and/or cer tifications, of all key personnel who would be assigned to perform the Services.
Members of the Company’s professional team (managers, contact person, etc.) should be identi fied by name and title and should include contact phone numbers. Incl ude also major subcontractors (if any) and their degree of involvement in this program. If the Compan y is inc luding a ny subcontractors, t he Company shall id entify h ow long the Company h as wo rked with the subcontractor.
e. Experience and References
Company shall pr ovide at least three (3) references, within the past five (5) years , of clients for whom services have been performed that are comparable in qual ity and scope to that speci fied in this RFP. The references shall include names, email addresses, and telephone numbers of the clients for whom prior work was performed and include an explanation of the services provided.
The Proposal must demonstrate that the Company, or its key personnel, has at least five (5) years’ of experience, within the past 5 years with a legally registered business name, that provides services of a similar type and scope as desc ribed in the Scope of Services (Exhibit “A”). A Company shall not have filed for bankruptcy under any business name over the past five (5) years.
The Company must include a response to the Company’s Qualifications Statement /Questionnaire items in their written proposal as listed in Exhibit “C”.
f. Overall Project Timeline
Provide an estimate of the overall project timeline for a service implementation package to provide a picture of total consultation hours to each milestone/deliverable and project phase.
g. Evidence of Insurance
In addition, the Company shall provide eviden ce of possession o f insu rance in the coverage and amounts listed in the Sample Agreement (Exhibit B).
h. Pricing
All proposals submitted shall have a stated dollar bid amount for p roviding services outlined in the Services. All proposals shall include a breakdown of the costs. Proposals shall include a breakdown of the proposed fees including the pricing sheet templ ate provided in E xhibit F. The total pricing submitted via Planet B ids shall match the Gran d total for the initial term of the Agreement. The amount shall match the Line Item price sheet for Price total A and Price Total B per Exhibit F Price sheet. Pricing is to be evaluated based on the total pricing per the initial t erm of the Agreement.
The City reserves the right to select Virtual or onsite Consulting based on the best interest to the City.
i. Disclosures
All proposals must include a response to the following forms:
• Exhibit C – Company’s Qualifications Statement/Questionnaire • Exhibit D – Disclosure Questionnaire
• Exhibit E – Innovation and Technology Software/System Pre-Selection Questionnaire • Exhibit F – Price Breakdown Sheet
Please disclose any a nd all past or current business and/or personal relationships with any cu rrent Riverside elected official, appointed official, City employee, or famil y memb er of any current Riverside elected official, appointed offi cial, or C ity employee . Any pa st or curr ent business relationship may n ot disqualify the firm from consideration. Describe a ny administrative proceedings, claims, lawsuits, or other exposur es pen ding agai nst the Propos er. Describe if the Company has ever been dis qualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government proj ect because of a violation of law or safety regulation. Lastly, describe if the Company has filed for bankruptcy under any business name over the past five (5) years.
12. Examination of RFP and Sites of Work
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated.
The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be pe rformed and materials to be furnished, the difficulties to be encountered, a nd to the requirements of the Proposal, RFP, and other Contract Documents.
By submitting a Proposal, t he Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, includ ed all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract.
Should the conditions turn out otherwise than anticipated by it , the Company agrees to assume all risks incident thereto.
13. Addenda
Unless otherwise specified, any addenda issued during the time of bidd ing must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.
14. Withdrawal of Proposal
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted he rein. Submitted Proposals may be withdrawn at any time prior to the submission deadline.
15. Public Records
All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, a nd as such may be subject to public review at least 10 days before selection.
The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material publi c. The City shall have sole discret ion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.
The City reserves the r ight to ma ke use of an y information or idea contain ed in the Propo sal. All materials, ideas and formats submitte d in response to this RFP will become the property of the City on receipt.
16. Evaluation of Proposals
The City reserves the right to amend, withdraw, and cancel t his RFP. The City also reser ves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the r ight to request additional information about any and a ll proposals that in City’s opinion, is nece ssary to assu re that the Comp any’s competenc e, nu mber of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.
All Proposals shall be re viewed to verify that the Company has met the minimum requirements as stated in th is RFP. Proposals that have not followed the rules, do not me et minimum c ontent and quality standards, and/or do not provide references will be rejected as non-responsive.
Consultants will be evaluated on the basis of the following criteria:
a. Qualifications (25%)
b. Pricing (15%)
c. Experience (Projects of similar size and scope) (30%) d. Professional References (10%)
e. Approach and Methodology (20%)
If needed, interviews/demos will be scheduled accordingly with the top proposals within competitive range on the week of May 31, 2021. All interviews will be coordinated with the Purchasing Division virtually through MS Teams.
The selected Company shall then enter into exclusive negotiations with the City to fo rmalize the Scope of Service and Compensation. If the City is unable to obtai n a f air and reasonable price or cannot reach a greement reg arding th e terms f or th e Scope of Services, then the Ci ty will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.
The City intends to select the Com pany that offers the best value to th e City based on the criteria outlined above.
17. Rejection of Proposals
The Cit y may reject any/ or all Pr oposals and may waive any immateria l dev iation in a Proposal.
The City’s waiver o f an immaterial defect shall in no way modify this RFP or excuse th e Company from full compliance with this RFP and/or th e Contract Documents if awa rded the Contract .
Proposals that include terms and conditio ns other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigatio ns as deemed necessary to determine the ability of the Company to perfo rm the wor k, and the Company shall f urnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is p roperly qualified to carry out the obligations of the Agreement and to complete the work described herein.
18. Protest Procedures
A Proposer not se lected by the City for the award of the Contr act desir ing to pro test th e City’s selection, may do so by fol lowing the City’s Procurement Prote st Pr ocedures in Administrative Manual, section 07.011.00. Protests not conforming to this procedure will be reje cted as invalid.
The City’s Protest Procedur es are av ailable on the Ci ty’s websi te at https://riversideca.gov/finance/pdf/2017/07.011.00-Procurement-Protest-Procedures.pdf .
19. Contract Term
The initial term of the Agreement shall be from July 1, 2021 through June 30, 2024 with the option to extend for two (2) additional one-year terms not to exceed five (5) years based upon acceptable performance by t he Company, acceptable fees an d subject to the same t erms and conditions of t he Agreement.
Pricing is t o re main firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.
20. Contract Documents
In submi tting a Proposal, the Company agrees to enter into an A greement with the City without exceptions to the City’s standard agreeme nt. The City’s standard agreement is non-negotiable, and a copy of the standard agreement is attached hereto as Ex hibit “B”. Any change to the standard agreement will deem the Pr oposal non-responsive. In the event of a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of Riverside’s Request For Proposals
• Company’s Response to the Request For Proposals
21. Execution of Agreement
After c ontract award , the following shall be signed and returned to the City within fourteen ( 14) calendar da ys from t he date the City mails, or by other m eans delivers said documents to the Company:
• One (1) original of the Agreeme nt in the form included her ein, properly exe cuted by the Company.
• Certificates of Insuranc e and Additi onal Insured Endorseme nt evidencing cove rage as specified in the sample agreement.
• Confirmation of current business tax certificate.
• Bonds, if required.
In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of Californi a, or on days when the City is closed, the Contract Documents shall be delivered by the following working day.
No Agreement shall be bindi ng upon the City unti l all documents a re fully execute d by the Company and the City.
22. Failure to Execute the Agreement
Failure to execute the Agreement and furnish the required insurance and business tax certificate , within the required time period shall be just cause for the rescission of the award. If bonds are also required, failure to furnish sufficient bonds shall cause rescission of the award. If the successful Company refuses or fails to execute the Agreement, the City may award the Agreement to the next qualified Company.
23. Cancellation
The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals.
Scope of Services
General lease accounting capabilities:
1. GASB 87 compliant
2. Generate journal entries by month, quarter or annually and accurately calculate lease data
3. Generate monthly journal entries be created at a portf olio-level, lea se schedule-level and asset-level
4. Store and track data about each lease, journal entry, and asset
5. Ability to re-measure asset or liability value/amortization schedule
6. Ability to set up notifications for dates determined to be critical
7. Alert notifications for lease renewals and deadlines to ensure start and e nd dates are not missed
8. Produce GASB compliant footnote disclosures
9. Enable department allocations for individual assets on a single lease schedule
10. Supports split allocations of a single asset across multiple departments, funds, etc.
11. Supports split allocations by percentage, fixed amount, etc.
12. Summarize changes made since a particular date
13. Calculation of lease liability, individual and i n aggregate, at the present value of payments and purchase option, if necessary, expected to be made during the lease term(s) or useful life. (Lessee)
14. Calculation of amortizations schedules, individual a nd in aggregate, of the discount on the lease liability. (Lessee)
15. Calculation of the measure of leas e asset s, individ ual a nd in aggregate, including any ancillary charges. (Lessee)
16. Calculation of am ortization s chedules, individual and in aggregate, of the lease asset. (Lessee)
17. Ability to re measure lease liab ility calculations and amortization schedules i f lease modifications or discount rate changes are made during a reporting period, including renewal options. (Lessee)
18. Ability to remeasure lease asset calc ulations and amortization schedules for lease terminations, lease modifications or discount rate cha nges made during a reporting period. (Lessee)
19. Ability to adjust calculations as necessary for impairment of an asset. (Lessee)
20. The total amount of lease assets, and the related accumulated amortization. (Lessee)
21. The amount of lease assets by m ajor classes (as reported in the City’s CAFR) of underlying assets. (Lessee)
22. The amount o f outflows of resource s recognized in the r eporting period for variable payments not previously included in the measurement of the lease liability. (Lessee)
23. The amount of outflows of resources recognized in the reporting period for other payments, such as residual value guarant ees, or term ination p enalties not previously included in t he measurement of the lease liability. (Lessee)
24. Principal and interest requirements to maturity for the lea se liabili ty fo r each of the five subsequent fiscal years and in five-year increments thereafter. (Lessee)
25. Calculation of lease receivable, individual and in aggregate, at the present value of payments expected to be received during the lease term(s). (Lessor)
EXHIBIT A
26. Calculation of amortizations schedules, individual and in aggreg ate, of the discount on the lease receivable. (Lessor)
27. Ability to remeasure leas e receivable calculations and amort ization schedules for lease terminations, lease modifications or discount rate cha nges are made during a reporting period including renewal options. (Lessor)
28. Calculation of th e measure of lease Deferred Inflow of Resource s, individual and in aggregate. (Lessor)
29. Calculation of amortization schedules, individual and in ag gregate, of the l ease Deferred Inflow of Resources. (Lessor)
30. The total amoun t o f inflows of resour ces recogniz ed in the reporting period from leases. (Lessor)
31. The amount of inflows of resources recognized in the reporting period for variable and other payments not previously included in the measurement of the lease receivable. (Lessor)
32. A schedule of fu ture payments that are included in the measurement of the lease receivable, showing principal and interest separately, for each of the five subsequent fiscal years and in five-year increments thereafter. (Lessor)
33. Data export and import using Microsoft Excel
Lease management software capabilities:
1. Locate Parcel by:
a. Assessor Parcel Number
b. Property/Project Name
c. Street Address
d. Agreement
e. Vendor/ Customer Number
f. Occupant/Customer Name
2. Display Property Information:
a. Size (Land and/or building, if applicable) – Note: this c ould also be the square footage of leased space (i.e. Suite 100 in Mission Square Building) b. Encumbrances (example, leases, license agreements, right of entry agreements etc.) c. Primary Use of site by tenant/licensee
d. Map of leased property
3. Lease/License monitoring:
a. Lease Type (License, Lease, Right of Entry)
b. Tax Liability monitoring
c. Lease Ter ms ( primary term, commencement date, termination or expiration dat e, option(s) to extend, how many and for how long
d. Current rental payment in dollars and price per square foot monthly e. Account Number and capability t o generate aged delinquencies, tenant led ger by department and/or fund Roll up and Rent Roll
f. Fixed Amount or CPI Increase
g. Lease Status (current, terminated)
Internal Controls/Security:
1. Data entry validations
2. Role based access control
3. Should allow creation and maintenance of roles and a ssignment of rights/permissions to the roles
4. Approval capability will be re lied upon for the review process to ensure accuracy of information and help maintain an effective internal control environment
5. Supports the encrypti on of sens itive data within the system (e.g., passwor ds and Social Security Numbers); and supports the e ncryption of all data transmissions into and out of the system
6. Supports the enforcement of internal controls for financial reporting
7. Ensure accountability by providing an audit trail for every change made to each lease Pre/Post Op Go Live Support
1. Software maintenance (including patches and upgrades) and warranties
2. Enhanced technical support (early life support) during project stabilization and ongoing
3. Complete user, administrative, technical, and training documentation as well as provide online and/or in-person end user training.
4. Complete data migration.
Consulting services:
1. Read throug h lessee and lessor d ocumentation and assist with the input of GASB 87 data points in new lease software
2. Assist with GASB 87 related questions
3. Assist wit h GASB 87 related jour nal entries , financial s tatement presentation and note disclosures
4. Coordinate with City team as well as City’s external auditors with GASB 87 implementation Information Security Requirements:
Information Security Requirements
The following functionalities are required for firms proposing solutions.
Functions/Requirements
User Account & Password Management by a designated city staff Role/Permission Based Access Control
External Security and Compliance Certifications (for hosted services) (e.g. SOC I, SOC II, PCI, FedRAMP, HIPAA, ISO, DOJ, FISMA, CJIS, etc.) Service Level Management (Including Change/Service Requests, Ticketing, Resolution & Closure)
Data Backup & Restores (All Systems/Data Must Be Physically Located in The United States) (for hosted services)
The city owns the data. Written authorization is required prior to distributing or sharing the city data to the third parties.
Security Incident Response Plan (for hosted services)
Service Continuity & Disaster Recovery (for hosted services) Reporting Capabilities, Data Exports/Imports
Information Security Additional Requirements
The following functionalities are preferred for firms proposing solutions. If your firm does not offer any of t he following functionalities, please provide a stat ement explaining your alternatives.
Additional Functions/Requirements
Single Sign On (SSO)/SAML 2.0/OAuth 2.0/ADFS Integration with Identity and Access Management
Multi-Factor Authentication
Isolation and Limitation of Traffic to the City's Internal IP Space 3rd Party Services Associated with The Proposed Solution (If Applicable) Patch Management / Upgrades
Threat, Vulnerability & Risk Management
Integration with 3rd Party Data Warehouse
A response to the questions in Sections I and II is required in the proposals format.
SECTION I
Software
Implementation
Description Response
Do you use business partners for implementation services? Describe the role of your company in the implementation.
Describe the implementation skill sets your company will provide.
Describe methodology for implementation of the proposed solution including estimated timeframe, overview of deliverables, assumptions and assumed responsibilities of all parties.
Explanation of change management activities pr oposed to include descriptions of specific roles of proposer and City staff for change management.
Indicate reso urces tha t will be required by the project for both consultant and City staff, as well as estimat ed on-site and off -site hours.
Indicate any third parties, partners a nd/or subcontractors that will be used in the implementation of the proposed solution an d what their specific roles and functions will be.
SECTION II
Software User Training
and Adoption
Description Response
Provide an overview of user roll-out methodology.
Describe product documentation available to users.
Describe the documentati on you pr ovide, as they apply to server software, client API, website utility, and batch updates.
Describe product training mediums availabl e for the end user community.
Give an overview of proposed training plan/strategy, spe cifying how and when train ing is to be delivered for both on -site and of f- site training, web training services for the core project team, end users and technology personnel, as applicable.
Describe the role of City and proposer staff for training includ ing the design and implementation of the training plan, development of training materials and level of assistance with training.
Please indicate in your proposal if pr icing includes unlimited technical support, software patches, major version upgrades, GASB content updates, and if there are any additional maintenance contracts.
EXHIBIT B
Sample Technology Service Agreement
PROFESSIONAL CONSULTANT SERVICES AGREEMENT (TECHNOLOGY SERVICES) [**Enter CONSULTANT'S Name**] [**Enter in Description of Services**]
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this day of , 20 (“Effective Date”), by and between the CITY OF RIVERSIDE (“City”), a California charter city and municipal corporation and [**Enter in CONSULTANT'S NAME**], a [**Enter in entity, for example: a California corporation, a limited partnership, a limited liability company, etc.**] (“Consultant”).
1. Scope of Services . City agrees to retain and does hereby retain Cons ultant and Consultant agrees to provide the services more particularly described in Exhibit “A,” “Scope of Services” (“Services”), attached hereto and incorporated herein by reference, i n conjunction with [**Enter in Name of Project**] (“Project”).
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect until [**Enter in : termination date, for example: May, 3, 2012**] , unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed [**Enter in written dollar amount, for example: Two Thousand Five Hundred Dollars**] [**Enter in numeric dollar amount: for example: ($2,500)**] payable in accordance with the terms set forth in Exhibit “B.” Said payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall b e deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City
[**Enter in Department**]
City of Riverside
Attn: [**City Representative**]
[**Address**]
Riverside, CA [**ZIP**]
To Consultant
[**Name of Consultant or Company**] Attn:
[**Name of Representative**] [**Address**]
[**City, STATE, ZIP**]
5. Prevailing Wage. If applicable, Consultant and all sub contractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director’s determination is available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance . While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant’s profession p racticing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit “C” attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignatio n in which case substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or with hold state or federal taxes or to provide workers’ compensation or unemployment insurance to Consultant, or to Consultant’s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer.
11. Indemnification.
11.1 Design Professional Defin ed. For purposes of this Agreement, “Design Professional” includes the following:
11.1.1 An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offerin g architectural services in accordance with that chapter.
11.1.2 An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
11.1.3 An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6 700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
11.1.4 An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council m embers (collectively the “Parties to be Defended”) from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part b y the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.3 Indemnity For Design P rofessional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect and hold harmless the City and the City’s employees, officers, managers, agents, and Council Members (“Indemnified Parties”) from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone
employed by or working under the C onsultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council members (collectively the “Parties to be Defended”) from and again st any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, ope rations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, ade quately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herei n is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability . Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, law suit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributabl e to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agr eement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12.1 General Provisions . Prior to the City’s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modificati on is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant’s indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’ s rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancel lation has been given to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that an y required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant’s sole expense.
12.2 Workers’ Compensation Insurance. By executing this Agreement, Consultant certifies that Cons ultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self -insurance before commencing any of the work. Consultant shall carry the insurance or provide for self -insurance required by C alifornia law to protect said Consultant from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Consultant shall file with City either 1) a certi ficate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary cer tificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile I nsurance. Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consul tant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant’s insurance policies.
12.3.1 Consultant’s commercial general liability insurance policy shall cover both bodily injury (including death) and proper ty damage (including, but not limited to, premises operations liability, products -completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate
limit of not less than $1,000,000. All of Consultant’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant’s performance of this Agreement, which vehicles shall include, but are not limited to, Consul tant owned vehicles, Consultant leased vehicles, Consultant’s employee vehicles, non -Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are a dded as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive a ny right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue i n force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance availabl e to the City and Endorsement No.
CG 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant’s activities.
12.5 Subcontractors’ Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.
Upon City’s request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section.
12.6 Technology Professional Liability. Prior to City’s execution of this Agreement, Consultant shall obtain and maintain during the term of this Agreement technology errors and omissions professional liability insurance with limits not less than $1,000,000 pe r occurrence or claim, $1,000,000 aggregate, to protect the City from claims resulting from the Consultant’s professional services as described specifically herein. Coverage shall be sufficiently broad to respond to the duties and obligations as is underta ken by Consultant in this agreement and shall include, but not be limi ted to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and p enalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
12.7. Cyber Liability Insurance . Prior to City’s execution of this Agreement, Consultant shall obtain and maintain during the term of this Agreement cyb er liability insurance with limits not less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
13. Business Tax . Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a busin ess tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence . Time is of the essence for each and every provision of t his Agreement.
15. City’s Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. If the City is required to employ another consultant to complete Consultant’s work, due to the failure of the Cons ultant to perform, or due to the breach of a ny of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records . Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow i nspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City’s Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’ s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City. Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provide d at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without l imitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit “C,” represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services.
Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit “C” have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the ri ght to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed
by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to co mply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consu ltant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.
Consultant further represents an d warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach ther eunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant’s services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant’s final written stateme nt of the amount of Consultant’s services as of the date of such termination based upon the ratio that th e work completed bears to the total work required to make the report complete, subject to the City’s rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days’ prior written notice prior to termination.
25.2 City may terminate this Agreement upon fifteen (15) days’ written notice to Consultant, in the event:
Agreement; or
25.2.1 Consultant substantially fails to perform or materially breaches the
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts fr om payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns . This Agreement shall be binding upon City and it s successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and th e parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney’s fees and costs.
29. Nondiscrimination. During Consultant’s performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or an y condition related thereto, marital status, sex, genetic informati on, gender, gender identity, gender expression , or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, co ndition, covenant and/or restriction, in whole and in part, of this Agreement shall b e considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In the event of a conflict between the body of this Agreement and Exhibit “A” - Scope of Services hereto, the terms contained in Exhibit “A” shall be controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit “A” - Scope of Services Exhibit “B” -
Compensation Exhibit “C” - Key Personnel
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California
charter city and municipal corporation a
California corporation
By: _
City Manager
Attest:
City Clerk
[**CONSULTANT’S NAME**],
a California corporation
By:
[Printed Name]
[Title]
Certified as to Availability of Funds:
By:
Finance Director
Approved as to Form:
By:
Chief Assistant City Attorney
By:
[Printed Name]
[Title]
Master Template
Rev: 06/21/17
EXHIBIT “A” SCOPE OF SERVICES
EXHIBIT “B” COMPENSATION
29 EXHIBIT “C” KEY PERSONNEL
EXHIBIT C
Company’s Qualifications Statement/Questionnaire
Required Form
COMPANY’S NAME:
1. ORGANIZATION
1.1 How many years has your organization been in business as a Consultant?
1.2 How many years has your organization been in business under its present name?
1.2.1 Under what other names has your organization operated?
1.3 If your organization is a corporation, answer the following:
1.3.1 Date of incorporation:
1.3.2 State of incorporation:
1.3.3 Business Entity number(s):
1.3.4 President's name:
1.3.5 Agent for Service of Process:
1.4 If your organization is a partnership, answer the following:
1.4.1 Date of organization:
1.4.2 Type of partnership (if applicable):
1.4.3 Name(s) of general partner(s):
1.5 If your organization is individually owned, answer the following:
1.5.1 Date of organization:
1.5.2 Name of owner:
1.6 If the form of your organization is other than those listed above, describe it and name the principals:
2. LICENSING
2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business and indicate registration or license numbers, if applicable.
2.2 List any other certifications held by your organization, and the name under which they are held.
EXHIBIT D
Disclosure Questionnaire
Required Form
The Company shall complete the following questionnaire:
1. Has the Company, any off icer of the Company, or any emp loyee of t he Company who has propri etary interest in the Company, ever been dis qualified, removed, or othe rwise prevented fro m bidding on, or com pleting a federal, state, or local g overnment pr oject because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
2. Has the Company, any officer of the Company, or any emp loyee of the Company who has proprietary interest in the Company, ever had any administrative proceedings, claims, lawsuits, or other exposures pending against the Company? Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
3. Has the Company, any off icer of the Company, or a ny employee of the Company who has proprietary interest in the Company, filed for bank ruptcy under any business name over the past five (5) years?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
4. Has the Company, any officer of the Company, or any e mployee of the Company who has proprietary inter est in the Company, have any pas t or current business and/or personal relationships with any current Riverside elected official, appointed official, City employee or fami ly member of any current Riverside ele cted official, appointed official or City employee?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
EXHIBIT E
Innovation and Technology
Software/System Pre-Selection Questionnaire
Required Form
Software Systems usually comes with on-premise, Software-as-a-Service (aka. Cloud Computing or SaaS), or hybrid options. SaaS is a model for pur chasing computing resources as a subscription service. E ach s oftware provides unique functionality and advantages and disadvantages. IT evaluates the use of SaaS on a case-by-case basis, using industry re commendations an d cost benefit analys is. Criteria such as application functionality, cost, scalability, reliability, se curity, integration requirements, internal vs. external resource avai lability, data privacy, and legal compliance are analyzed.
NO. REQUIREMENT EXPLANATION
Big Picture
1 Explain the system architecture
2 Is the proposed solution scalable? Explain.
3 Explain the nature of data that is stored in the on-
prem/SaaS/cloud/database?
4 Does the system store Personally Identifiable Information (PII)? Explain if answer is Yes.
5 What application/hosting stack is used?
6 What client resources will be required to support the system? Please include minimum and recommended number of staff, qualifications, and roles recommended an organization the size of the City of Riverside.
7 What Application Programming Interfaces (APIs) or Web Services are available for integration?
8 Do you have open data publishing features?
9 Do all users use individual user accounts and role-based access controls? Please explain this and how each user group is limited to “least privilege” permissions.
10 The application must support latest browsers, operating systems, plugins and allow for regular patching and antivirus updates. Does it meet this standard? Please explain.
11 Explain total cost of ownership of the system. Are there costs for any of the following: hardware, application software licenses, platform software (OS/DB) licenses, database requirements, services (including travel), data conversion, configuration & setup, staff training, back fill cost, internal resource cost, integration? 12 What is your outsourcing practice/policy and are services contracted off-shore? What are partner’s security policies? 13 Will there be a Solution Replacement or Upgrade fund established so this system can be upgraded and/or replaced in the future? SaaS Features (if applicable)
14 Where is the data hosted (AWS, Microsoft Azure, Data center, etc.)? Is the data center located within or outside the U.S.? 15 List all external security & compliance certifications you have. (e.g.
SOC I, SOC II, PCI, FedRAMP, HIPAA, ISO, DOJ, FISMA, CJIS, etc.) 16 Explain system uptime service level guarantees.
17 Is record processing limited or throttled by the system? Explain capabilities for number of records processed per specific time period and associated service levels.
18 Does the software support Single Sign On (SSO)/SAML 2.0/ ADFS Integration for the City of Riverside employees? Is it included in the proposal cost?
19 Explain intellectual property rights for data ownership. 20 Explain how requests for information regarding information stored in the system are handled.
21 What is the recovery time for a critical SaaS application including Recovery Time Objective (time and service level within which a business process must be restored to avoid unacceptable consequences associated with a break in continuity) and Recovery Point Objective (maximum targeted period in which IT data might be lost due to an incident)?
22 What is the software or firm’s records retention policy? 23 What backup software is used and on what schedule?
24 Can the system be rolled back to a given point in time? 25 Do your software development and testing standards and procedures address the OWASP Top 10? The ten most critical web application security risks.
(https://www.owasp.org/images/7/72/OWASP_Top_10-2017_%28en%29.pdf.pdf) 26 Is all confidential data encrypted in transit and at rest using strong encryption (DOJ approved for Police Systems). Please explain and provide specify encryption protocols and ciphers.
27 Are all authentication logs (success and failure) stored for 12 to 36 months?
28 Does the application log a record of all changes, additions, or deletion according to CJIS audit requirements (CJIS 12 months, CLETS 36 months)?
29 For company failure or acquisition, or contract termination, what is the process for data retrieval? What is the process for client to receive source code via source code escrow service?
30 Can the system be moved 'on-premise' if required? Specify costs associated.
EXHIBIT F
Price Breakdown Sheet (All Inclusive for the initial term) Software Fees (Approximate Users – 30):
Include all applicable fees for software implementation for the initial term of the agreement (Years 1 -3)
Year 1: Software License Fee (Yearly License) $
Year 2: Software License Fee (Yearly License) $
Year 3: Software License Fee (Yearly License) $
Other Software Fees, if Applicable $
Total (Years 1-3) $
Professional and Consulting Services Cost (Approximately 450 leases):
Include all applicable fees for professional services costs for the initial term of the agreement (Years 1-3) -Web-based training preferred method for the City.
Web Based Onsite
Year 1 : Training Expense –
Virtual
$
Year 1: Training Expense –
Onsite, if any
$
Year 1: Travel Expenses/Per
Diem, if any
$
Year 1: Implementation Services $
Year 1: Other (please specify) $
Subtotal $
Applicable Tax $
Total $
Subsequent Professional and Consulting Services Cost, if applicable:
Web Based Onsite
Year 2: Training Expense – Virtual $ $
Year 2: Training Expense – Onsite,
if any
$ $
Year 2: Travel Expenses/Per
Diem, if any
$ $
Year 2: Implementation Services $ $
Year 2: Other (please specify) $ $
Subtotal $ $
Applicable Tax $ $
Total $ $
Web Based Onsite
Year 3: Training Expense –
Virtual
$ $
Year 3: Training Expense –
Onsite, if any
$ $
Year 3: Travel Expenses/Per
Diem, if any
$ $
Year 3: Implementation Services $ $
Year 3: Other (please specify) $ $
Subtotal for Consulting $ $
Applicable Tax $ $
Total $ $
• Grand Total for all Software Fees (Years 1-3): $
• Grand Total for all Professional Services Costs Virtual (Years 1-3): $ • Grand Total for all Professional Services Costs Onsite (Years 1-3): $ • Price A: Grand Total for Software Fees + Professional Services Costs Virtual (Years 1-3): $
• Price B: Grand Total for Software Fees + Professional Services Costs Onsite (Years 1-3): $_______
Price A & B Totals shall be the total entered on the Planet Bids line item.
All optional items can be added on a separate page as add on items. If applicable all fees shall be inclusive of sales tax, and other applicable fees.