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Contract No. 10806 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and SMARKING, Inc. (“SMARKING”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. SMARKING is qualified to do business, and is doing business, in the State of California. SMARKING represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and SMARKING now desire to enter into an agreement for SMARKING to provide parking data management and ancillary professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless sooner terminated in accordance with Section 16.
2. SMARKING Services. SMARKING will perform all of the services (“Services”) described in Exhibit C, Scope of Services. SMARKING will complete the Services in accordance with Exhibit D, Budget.
3. Contract Documents. For the purposes of this Agreement, the following documents shall be considered the Contract Documents and shall be incorporated herein:
3.1 The City’s Request for Proposals (“RFP”) and any addenda issued pursuant to the RFP, attached as Exhibit A;
3.2 SMARKING’s proposal dated August 28, 2018 (the “Proposal”), attached as Exhibit B;
3.3 This Agreement together with its attached Exhibits C, D, and E and any duly approved modifications thereto;
3.4 Insurance documents as required by Exhibit E, Insurance Requirements and Verifications.
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In the event of any conflict, the order of precedence shall be as follows: 1) this Agreement together with its attached Exhibits C, D, and E and any duly approved modifications thereto; 2) the RFP; and 3) the Proposal.
4. City Services. The City agrees to:
4.1 Make available to SMARKING any currently existing documents, data or information required for the performance of the Services.
4.2 Designate a representative authorized to act on behalf of City.
4.3 Promptly examine and render findings on all documents submitted for staff review by SMARKING.
5. Compensation. The City will compensate SMARKING for the Services performed in an amount not to exceed $1,107,300, as set forth in Exhibit D.
6. Invoices. SMARKING will invoice the City for the Services in accordance with Exhibits C and D, and the City will pay any undisputed amount within 30 days of receipt.
7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
7.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Planning & Community Development
Parking Operations
1444 4th street, Santa Monica, California 90401
Attention: Parking Operations Division Manager
Re: Contract No. 10806 CCS
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10806 CCS
7.2 All notices, demands, requests or approvals to SMARKING:
SMARKING, INC.
251 Rhode Island Street, Suite 203
San Francisco, CA 94103
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Attention: Cassius Jones, Head of Enterprise Accounts
Re: Contract No. 10806 CCS
8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of SMARKING or any of SMARKING’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.
9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and SMARKING and approved as to form by the City Attorney.
10. Insurance. Prior to commencing work, SMARKING must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by SMARKING or SMARKING’s agents, representatives, employees or subconsultants for the duration of this Agreement. SMARKING must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit E, Insurance Requirements and Verifications.
11. Defense and Indemnification.
11.1 Indemnification. As to SMARKING’s Services produced under this Agreement, SMARKING agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of SMARKING, or SMARKING’s employees, agents, officers, and subconsultants. SMARKING’s responsibilities under this Section 11.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of SMARKING, its employees, agents or officers, or subconsultants; provided, however, that SMARKING’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding SMARKING’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from SMARKING, if City chooses to do so.
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11.2 Enforcement Costs. SMARKING agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 11.1.
12. Prohibition Against Transfers.
12.1 SMARKING may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
12.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of SMARKING or of any general partner or joint venturer or syndicate member of SMARKING, if a partnership or joint venture or syndicate exists, which results in changing the control of SMARKING, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
13. Permits and Licenses. SMARKING, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement of the parties and the terms and conditions stated herein supersede all prior agreements between the parties relating to the subject matter of this Agreement.
16. Default and Termination.
16.1 Termination for Cause. If SMARKING fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of thirty (30) days after the City’s written notice of default specifying the nature of the default, City may terminate this Agreement by thirty (30) day’s written notice to SMARKING.
16.2 Termination for Convenience. The City has the option, at its sole and absolute discretion and without cause, of terminating this Agreement, in whole or in part, by giving thirty (30) days’ written notice to SMARKING. Upon termination of this Agreement pursuant to this Section 16.2, City will pay SMARKING any compensation earned, unpaid and undisputed up to the effective date of termination.
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17. Compliance with Law. SMARKING must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
18. Discrimination. SMARKING may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
19. Nuisance. SMARKING may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
20. Records.
20.1 SMARKING must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. SMARKING must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
20.2 SMARKING must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. SMARKING must clearly identify all records and make them readily accessible to the City. At the City’s request, SMARKING must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
20.3 SMARKING must allow the City to have free access to SMARKING’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit SMARKING’s records, and SMARKING agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by SMARKING, SMARKING agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
21. Work Product; Reports.
21.1 Any work product prepared or caused to be prepared by SMARKING or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by SMARKING or any subconsultant pursuant to this Agreement may be made available to any individual or organization by SMARKING without prior written approval by City.
21.2 At the City’s request, SMARKING must furnish reports concerning the status of the Services.
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22. Standard of Care. SMARKING agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of SMARKING’s profession currently practicing in the same locality under similar conditions.
23. Compliance with Data Security Requirements.
23.1 Smarking shall use best practices in the industry to comply with the Payment Card Industry’s Data Security Standard Requirements in effect as of the date that the platform is delivered to the City and provide a secure environment for all data in its possession or processed by the Solution.
23.2 Data Ownership. All vehicle, and transaction data originally collected from City, regardless of where the Services is hosted, is and shall at all times remain the sole and exclusive property of the City. For at least ninety (90) days following the expiration or termination of this Agreement, SMARKING shall make available to the City for download a file of all such data in comma-separated values (“.csv”) format along with attachments in their native format. SMARKING is not permitted to use any such data for any purpose except as necessary to provide and operate the Solution for the city under this Agreement unless pre-approved in writing by City.
SMARKING shall not use such data for its own purposes or disclose, share, sell, or license it to third parties. SMARKING shall destroy copies of such data within ninety (90) days of expiration or termination of this Agreement.
SMARKING shall provide a perpetual, non-exclusive, irrevocable right and license to the City to use any database formats and data sets created by SMARKING out of such data.
23.3 Patches. During such time that the City has an agreement with SMARKING, if any software is part of the SMARKING provided Services, SMARKING agrees that the Software will be adequately patched to have the latest vendor-supplied security patches installed, including operating system and application patches, on the operational start date of the Agreement.
SMARKING is responsible for having all patches tested before being installed. SMARKING shall be responsible for ensuring that all such patches, of which SMARKING provides notice, are properly updated as necessary.
23.4 Antivirus Software. SMARKING shall deploy approve antivirus software on all applicable components that store, process, or transmit parking transaction data, which SMARKING will install before the platform is operational. SMARKING shall not install any malicious software or computer contaminants including, without limitation, viruses, worms, time bombs, Trojan horses, ransomware, spyware, scareware, or any other hostile or intrusive code, files, scripts, or programs. SMARKING shall be DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 7 -
responsible for ensuring that all necessary antivirus software is properly maintained and updated as necessary.
23.5 Network Access. If SMARKING has access to any passwords or log-in information of the City in connection with the Services, SMARKING shall ensure that proper user authentication and password management for all non-consumer users and administrators is installed, or configured, on all Solution components and use its best efforts to make sure the password and log-in information is secure. SMARKING shall comply with the City’s minimum standards. Each system user or administrator must be removed immediately upon separation from SMARKING (i.e. termination from employment with SMARKING or from the City’s account).
23.6 Survival. The obligations in this section shall survive expiration or termination of this Agreement.
24 Data Breach. For purposes of this Agreement, “Data Breach” means the unauthorized acquisition, access, use, or disclosure of confidential information that compromises the security, confidentiality, or integrity of such information. In the event of any Data Breach of SMARKING’s cloud environment, SMARKING shall promptly notify City and cooperate with any remedial and notification requirements.
24.1SMARKING shall provide notice by email and telephone of any Data Breach as soon as possible, but no later than 24 hours after learning of the Data Breach. The notice shall include a detailed report of the information breached, including names, contact information, and data that was compromised.
24.2Immediately following notification of a Data Breach, SMARKING shall coordinate with City to jointly investigate the incident, and SMARKING agrees to (1) assist with any investigation; (2) provide City with access to facilities and operations impacted by the Data Breach; (3) provide status reports on any internal investigations as frequently as requested by City; (4) facilitate interviews with SMARKING’s employees and others involved in the Data Breach; and (5) make available all relevant documents and data, electronic or in paper form, necessary to comply with all applicable laws, regulation, industry standards as otherwise requested by City.
24.3SMARKING shall immediately remedy any Data Breach and, at SMARKING’s sole expense, take all necessary steps to prevent any further Data Breach in accordance with all applicable privacy rights, laws, regulations, and standards.
24.4SMARKING shall not inform any third party of a Data Breach without first obtaining City’s written consent to do so, other than to inform a complainant that the matter or inquiry has been forwarded to the appropriate City office for review or as otherwise required by law. SMARKING shall consult with DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 8 -
City to determine (1) whether notice of a breach should be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, or others as required by law, regulation, or otherwise in the City’s discretion; and (2) the content of any such notice, whether and what type of remediation may be offered, and the nature and extent of any such remediation.
24.5 SMARKING shall fully cooperate in any litigation or other action deemed necessary by the City following any Data Breach.
25 Subconsultants.
25.1 If SMARKING proposes to have any subconsultant perform any part of the Services, SMARKING must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.
25.2 SMARKING will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between SMARKING and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10806 (CCS) entered into between the City of Santa Monica and SMARKING
on^^____________________.
26 Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
27 Venue and Jurisdiction. The City and SMARKING agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement. 28 Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. 29 Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
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Exhibit A Request for Proposals
Exhibit B SMARKING’s Proposal
Exhibit C Scope of Services
Exhibit D Budget
Exhibit E Insurance Requirements and Verifications
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 City Attorney
6/27/2019
Lane Dilg
Kurt Wedel
Chief Revenue Officer
6/27/2019
Smarking, Inc.
City Manager
Rick Cole
6/27/2019
City Clerk
6/27/2019
Denise Anderson-Warren
1 Exhibit A
Request for Proposals
CITY OF SANTA MONICA
REQUEST FOR PROPOSAL
Parking Data Analytics
Parking Operations Division
1717 4th Street, Suite 150 Santa
Monica, CA 90401
ISSUE DATE: JULY 16, 2018
QUESTIONS DUE: JULY 31, 2018 AT 5:00 PM PST
SUBMITTALS DUE: AUGUST 28, 2018 AT 5 PM PST
APPROVED FOR ADVERTISEMENT:
-----------------------------------
Caline Evans
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 2 Proposer RFP Checklist
Read the entire document. Note critical items such as mandatory requirements; supplies/services required; submittal dates; format and number of copies required for submittal; contract requirements (i.e., insurance, performance and or reporting, etc.).
Note the City’s contact name, address, phone numbers, and email address. This is the only person you are allowed to communicate with regarding this RFP and is an excellent source of information for any questions you may have.
Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.
Take advantage of the “question and answer” period. Submit your questions to the City contact by the due date listed on the front page of the RFP document. View all answers given in the formal addenda issued for the RFP. All addenda issued for an RFP are posted on the City’s online vendor portal: Planet Bids and will include all questions asked and answered concerning the RFP.
Follow the format required in the RFP when preparing your response. Provide point-by- point response to all sections in a clear and concise manner. The proposals are evaluated based solely on the information and materials provided in your response.
Use forms provided, i.e., cover page, sample budget form, certification forms, etc.
Check the City’s online vendor portal: Planet Bids for RFP addenda. Before submitting your response, check whether any addenda were issued for the RFP. If so, you must submit a signed acknowledgment for each addendum issued along with your response Submit your response on time. Note all the dates and times listed on the front page of the RFP document, and be sure to submit all required items on time. Late proposals are never accepted.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 3 I. INTRODUCTION
The City of Santa Monica, (referred to hereafter as “the City”) is inviting proposals from qualified persons or firms interested in Parking Data Analytics (data management services) for an initial term of five (5) years, with two (2) options for renewal of two (2) years each, to be exercised at the City’s sole discretion.
A. PROJECT DESCRIPTION/ SCOPE OF WORK
Proposal Calendar
The following is a list of key dates (*recommendation date is an estimate):
Request for proposals issued................................................................July 16, 2018 Submission of inquiries by email …......Prior to or by July 31, 2018 at 5:00 PM PST Responses Posted...................................................... Prior to or by August 10, 2018 Proposals due........................................................ August 28, 2018 at 5:00 PM PST Staff recommendation made to City Council for award of bid*.....November 13, 2018 Scope of Work
The City seeks the services of a Parking Data Analytics company to provide data management services for its on- and off-street public parking with multiple parking systems. These include IPS on-street parking meters, Sentry/SKIDATA parking access and revenue control systems, T2 multispace systems, and Hitech point-of-sale software systems.
The City owns and/or operates 43 parking facilities with approximately 14,000 available parking spaces. There are also over 5,800 on-street parking meters deployed throughout the City. The City considers public parking a valuable, limited resource and a service to residents, merchants, visitors and workforce. The goal of the City is to utilize this resource and to operate City parking facilities according to the highest standards of customer service and in a manner that is consistent with the City’s mobility goals, which encourage a multi-modal system, particularly the use of alternative mode options to single occupancy vehicles.
The data management service (“Service”) must aggregate, classify, and cluster granular transactional data to assist the City with developing pricing models, managing staffing levels, generating parking occupancy/transaction and revenue analysis (real time and historical), and provide tools for predictive/trend data to assist with real time management of the facilities. It also must consist of a web-based dashboard that visualizes data and offers analytics tools around key statistics like real-time and historical transaction volumes and revenues, occupancy, visualizations based on different groups and rate structures, financial and occupancy reporting support, and other relevant data analytics services. Service will be provided for all relevant data captured by the City’s parking systems. The City may add additional systems from time to time during the term of the Agreement.
Service must consist of the following:
1) Real-time Monitoring: Display of real-time parking occupancy for each space under analytics via dashboard.
2) Predictive Data: Display predictive revenue and occupancy data. 3) Operational Analytics: A number of analytic reports including, but not limited to, historical occupancy, which displays historical occupancy by
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 4 a) facility or in aggregate by day, week, month, or year; b) average weekly occupancy, which displays the average occupancy, entry and exit times for a facility during a specific day (i.e., average occupancy and entries/exits); c) financials, which display the revenue of each parking facility for a given specific period of time; and
d) duration, which displays the average duration of stay for vehicles entering at a specific day and time.
4) Visualized Data: Various infographics that can be shared and incorporated into mobile applications and web pages for public consumption.
5) Management and Settings: City staff designated as administrators have an accessible management system with the ability to create and delete new accounts and manage the locations available for each user. User accounts must include access privilege level options.
In addition, Service must include ancillary data analysis and consulting services to supplement the services offered through the web-based dashboard. Those services must include, but are not limited to, reports pertaining to: occupancy trends, revenue contribution, rate change analysis, parking policy analysis, etc.
Furthermore, Service must also include onsite user training, presentations to political entities, meetings with private operators, and other similar activities.
The ideal firm will also include report writing functionality that assist with developing standard data reports.
Optional Service
1. Provide a dynamic mapping interface for meters, pay stations, parking access revenue and control systems and others into a visual interface overlaid onto a dynamic City of Santa Monica map. The interface will provide end users with information on occupancies as agreed to by the City and Consultant.
2. Develop an application programming interface (API) that can be utilized to partnerwith third parties that assist with the promotion of the City’s mobilitygoals.
B. CITY CONTACT
The City has designated Caline Evans as its contact (“City Contact”) for this request for proposals (“RFP”). The City Contact’s information is listed below:
Caline Evans, Administrative Analyst
Parking Operations Division
City of Santa Monica
1717 4th Street, Suite
150
Telephone: (310) 458-8299
E-mail: [email protected]
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 5 Office Hours:
Monday through Thursday, 7:30 AM to 5:30
PM Alternate Fridays, 8:00 AM to 5:00 PM
The City of Santa Monica offices are closed every other Friday including July 20, August 3, and August 17, 2018. Please call or email to ensure that offices are open and that staff is available.
Any inquiries or requests regarding this procurement should be submitted to the City Contact in writing. Proposers may contact ONLY the City Contact regarding this solicitation. Other City officers, agents, employees or representatives do not have authority to respond on behalf of the City. Contact with unauthorized City personnel during the selection process may result in disqualification.
C. ORIGINAL DOCUMENTS
Proposer shall complete and return the following documents:
• Proposal (including cost proposal)
• RFP Addenda if issued
• Non-Discrimination Policy Acknowledgement
• Non-Collusion Declaration (this does not need to be notarized) • Certification Regarding Debarment
If you are selected to provide the service, you will need to submit the following forms:
• Oaks Initiative Disclosure Form (if the award amount is >$25,000; identifies recipients of public benefit in relation to political donation restrictions: click here for more information) • Living Wage Certification (if the award amount is >$54,200 annually) You must also obtain a business license, or provide your current business license number. You can go to the Business License page for more information.
D. BEST QUALIFIED PERSON OR FIRM
The award, if any, will be made to the best qualified person or firm(s). In evaluating whether a proposer(s) is (are) the best qualified person or firm(s) pursuant to the Santa Monica Municipal Code, City staff may utilize some or all of the following criteria:
1. The training, credentials and experience of the person or firm;
2. The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services;
3. The capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay;
4. The sufficiency of the person’s or firm’s financial and other resources;
5. The character, integrity, reputation and judgment of the person orfirm;
6. The ability of the person or firm to provide such future service as may be needed;
7. The price which the person or firm proposes to charge, including whether the price isfair, reasonable and competitive; and
8. Any other factor which will further the intent set forth in Section 608 of the CityCharter.
The City shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary proposer.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 6 II. CONDITIONS GOVERNING THEPROCUREMENT
A. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with the City of Santa Monica procurement codes and procedures.
1. Receiving Time / Late Proposals
It is the responsibility of proposer to see that their proposal is submitted with sufficient time to be received by the City prior to the proposal closing time. The receiving time in the City Office will be the governing time for acceptability of proposals.
Late proposals are not accepted regardless of postmark and will be returned unopened to the sender.
2. Acceptance of Conditions Governing this RFP
Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.
3. Incurring Cost
Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer.
4. Prime Consultant Responsibility
Any agreement that may result from the RFP shall specify that the prime consultant is solely responsible for fulfillment of the agreement with the City. The City will make agreement payments only to the prime consultant.
5. Sub-consultants
Use of sub-consultants must be clearly explained in the proposal, and major subconsultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.
6. Amended Proposals
A proposer may submit an amended proposal before the deadline for receipt of proposals.
Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.
7. Proposer’s Rights to Withdraw Proposal
Proposers will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The proposer must submit a written withdrawal request signed by the proposer’s duly authorized representative addressed to the City Contact.
8. Proposal Offer Firm
Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.
9. Best and Final Offer
The City reserves the right to request Best and Final Offers from any or all proposers. This will be the only opportunity to amend or modify proposals based on feedback from the City. Information from competing proposals will not be disclosed to other proposers prior to submission of a Best and Final Offer.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 7 10. Living Wage Requirement
Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations.
11. Disclosure of Proposal Contents
All proposals are subject to the provisions of the California Public Records Act, California Government Code section 6250 et seq., and any information submitted with a response is a public record subject to disclosure, unless a specific exemption applies.
12. No Obligation
This RFP in no manner obligates the City to the eventual rental, lease, purchase, etc., of any goods or services offered until a valid written agreement is executed by the City and the selected proposer.
13. Termination
This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City of Santa Monica.
14. Sufficient Appropriation
Any agreement awarded for multiple years as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the selected proposer. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by theselected proposer as final.
15. Errors and Restrictive Specifications
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately notify the City Contact designated in Section I, B.
Without disclosing the source of the request, the City may issue a written addendum to clarify the ambiguity, or to correct the problem, omission, or other error.
If prior to the submission date, a proposer knows of or should have known of an error in the RFP but fails to notify the City Contact of the error, the proposer shall submit their proposal at his, her or its own risk, and, if awarded an agreement, shall not be entitled to additional compensation or time by reason of error or its later correction.
16. Legal Review
The City requires that all proposers agree to be bound by the General Requirements contained in this RFP.
17. Governing Law
This RFP, and any agreement entered into pursuant to this RFP, are governed by the laws of the State of California.
18. Oral Changes and Basis for Proposal
Proposers may not rely upon oral explanations. All changes and addenda will be issued in writing. Only information supplied by the City in writing through the City’s Contact, or in this RFP should be used as the basis for the preparation of proposals.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 8 19. Agreement Terms and Conditions
The agreement between the City and the selected proposer(s) will follow the format specified by the City and contain the terms and conditions set forth in Exhibit A, Professional Services Agreement.
However, the City reserves the right to negotiate with a successful proposer the final provisions or provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.
Should a proposer object to any of the City’s terms and conditions, as contained in this Section or in Exhibit A, that proposer must propose specific alternative language in his, her, or its proposal. Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording.
The City may or may not accept the alternative language. General references to the proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the City and may result in disqualification of the proposer.
20. Proposer’s Terms and Conditions
Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in an agreement negotiated with the City.
21. Proposer Qualifications
The City may make such investigations as necessary to determine the ability of the proposer to adhere to the requirements specified within this RFP.
22. Right to Waive Minor Irregularities
The City reserves the right to waive minor irregularities and the right to waive mandatory requirements, provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the City.
23. Change in Agreement or Representatives
The City reserves the right to require a change in the selected proposer or representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.
24. City Rights
The City reserves the right to award the proposal to separate proposers on any of the services as set forth in the proposer’s proposal. It is further understood that if the proposer to whom any recommended award is made fails to enter into an agreement with the City, award may be made to the next best qualified person or firm, who shall be bound to perform as if she, he or it received the award in the first instance.
25. Right to Publish
Throughout the duration of this procurement process and agreement term, potential proposers, and proposers, must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent agreement. Failure to adhere to this requirement may result in disqualification of the proposer or termination of the agreement.
26. Ownership of Proposals
All documents submitted in response to the RFP shall be become the property of theCity of Santa Monica and are subject to the provisions of the California Public Records Act, as described in Section II. A. 11. herein.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 9 27. Agreement Award
Proposal will be evaluated by a committee comprised of City staff and may include outside consultants (the “Evaluation Committee”). The Evaluation Committee will make an award recommendation to City staff. City Council may give approval of the agreement and/or direct staff to negotiate the final terms and execute the agreement.
This agreement shall be awarded to the proposer or proposers whose proposal is best qualified, taking into consideration the evaluation factors set forth in the RFP.
The most qualified proposal may or may not have received the most points or be the lowest cost proposal. Proposers will be notified when the award is being made or an award recommendation goes to the City Council for approval.
28. Protest Deadline
All parties wishing to file a protest shall comply with the procedures set forth in Santa Monica Municipal Code section 2.24.105 found here. Proposer may file a written protest with the Director of Finance no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website.
Protests received after the deadline will not be accepted.
III. SUBMISSION FORMAT AND ORGANIZATION
A. RECYCLING / SUSTAINABILITY BID SUBMISSIONGUIDELINES
When submitting documents to the City, prospective proposers are required to comply with the following guidelines: All submittals and copies shall be printed on 100% post- consumer waste recycled content or tree free paper. • The minimum requirements for recycled content are asfollows:
20 lb. paper – 100% post-consumer recycled content.
Color bond paper; cover stock – minimum 30% post-consumer recycled content. Glossy paper – minimum 15% post-consumer recycled content. • All copies shall be double sided.
• The use of binders, plastic covers or dividers should be avoided.
These guidelines were developed as part of Santa Monica’s Sustainable City Program to promote waste reduction and resource conservation within the community. Thank you for your cooperation.
B. NUMBER OF RESPONSES
Proposers may submit multiple proposals, if desired. The City is not recommending or suggesting that proposers submit multiple proposals. The City is merely stating an available option. If a proposer chooses to submit multiple proposals, each must be entirely separate from the others. The Evaluation Committee will not collate, merge, or otherwise manipulate the proposer’s proposals.
C. NUMBER OF COPIES
Proposers shall provide seven (7) identical copies, as well as an electronic submission, of their proposal to the location specified in Section I. B on or before the closing date and time for receipt of proposals.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 10 D. PROPOSAL FORMAT
1. Letter of Transmittal
a. Identify the submitting organization;
b. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization; c. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization; d. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted forclarification;
e. Be signed by the person authorized to contractually obligate the organization; f. Acknowledge receipt of any and all amendments to thisRFP.
2. Qualifications
Provide a brief summary of your firm’s history, its capabilities, and its recent relevant experience (last five years). Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.
3. Key Personnel
Describe the project team composition and include resumes of key personnel.
Proposed members should be available for ninety (90) days from the proposal due date. The City must be promptly notified of any changes in key personnel prior to award.
4. References
List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.
5. Project Work Plan
Describe your understanding of the project and approach. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project.
Identify if you will be hosting the data and details regarding application licensing, data security policies and procedures, access controls, testing and monitoring, procedures to detect attacks or intrusions, and location of servers if contractor will host data. List any resources you expect the City to provide.
6. Cost Proposal
Provide a proposed total fee outlining the proposal. The fee proposal must include a breakdown of any flat fees and variable fees for each applicable category of service, including licensing and maintenance fees if applicable. Variable fees must include the hourly fee schedule for all personnel to be involved in the project if applicable. Thehourly rates should include fringe benefits, indirect costs and profit.
Additionally, if applicable, a schedule of reimbursable expenses should be included.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 11 IV. EVALUATION
A. EVALUATION POINT SUMMARY
All proposals meeting the requirements will be further evaluated using the same criteria and point structure. Evaluations will be based on the weighted criteria listed below, which correspond to information requested in various sections of the proposal:
CRITERIA MAXIMUM POINTS
Experience / Technical Competence 20
Ability to Meet Work Plan / Timelines 20
Quality Control 20
Cost of Services, Cost Control 20
Stability / References 10
Value Added- Breadth of Service 10
TOTAL POINTS 100
B. EVALUATION FACTORS
Experience and Technical Competence: Up to 20 points may be awarded based on the evaluation of the proposer’s knowledge and prior experience. Evaluation will be based on relevant experience of key personnel based on resumes showing technical knowledge and experience. Evaluation will also be based on level of the firm’s previous projects of comparable complexity, scale and nature; training and proven expertise in the area of work required; experience in projects completed for public entities; and the firm’s proposed work plan.
Ability to Meet Project Work Plan and Timeliness: Up to 20 points may be awarded based on the consultant’s ability to perform the work within the desired time frame. The ability and past experience in assembling a highly qualified staff. The ability to provide the City with approval of management and representatives assigned to the engagement and provide assurance of resources to accommodate changes or turnover in staff. Efficiency and timeliness in completion of projects; specifically note where required reporting deadlines were not met.
Quality Control: Up to 20 points may be awarded based on whether the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients.
Cost of Services, Cost Control: Up to 20 points that may be awarded for the lowest price, fixed or blended hourly rate or annual not to exceed fee listed separately for each contract term. The consultant’s overall cost proposal for the project should reflect cost effective work and services. Cost control, performance within budget allocations, prudent auditing practices, management and clear and constant communication with City staff are essential to the success of this project. Brief descriptions of previous project experiences should be used as DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 12 examples of how this was achieved with former clients, along with key examples of the firm’s accuracy in cost estimating.
Stability/References: Up to 10 points may be awarded upon an evaluation of proposer’s work for similar engagements. Please submit at least three references from public entities of similar size and scope. Additionally, provide evidence of insurance; description of firm size and structure, including number of partners and owners; and confirmation of firm’s independence and license to practice in California.
Value Add/Breadth of Service: Up to 10 points may be awarded based on the consultant’s ability to provide insight and information, industry best practices and the ability to effectively communicate information to management and provide technical training or resources.
C. CONSULTANT SELECTION PROCESS:
Selection
The City of Santa Monica, through either the City Council or the City Manager (or his designee) has the sole authority to select the consulting firm and reserves the right to reject any and all proposals. The City reserves the right to approve or reject all sub-consultants and engineers proposed to be retained by the prime consultant. Upon signing of the agreement, no change in proposed personnel or sub-consultants can be made without the City’s review and written authorization.
By submitting a response to this RFP, prospective consultants waive the right to protest after award or seek any legal remedies whatsoever regarding any aspect of this RFP. The City reserves the right to select any number of finalists. In addition, the City reserves the right to issue written notice to all prospective consultants of any changes in the RFP terms or proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary. The City reserves the right to request additional information from any proposing consultant and to reject any and all proposals. All original work products, including computer files, shall remain the property of the City.
The City reserves the right to retain an expert to evaluate the proposing consultant’s work or qualifications at all stages in the selection process. Additionally, any contract entered into will be subject to termination at any stage if in the judgment of the City, such termination is in the best interest of the City. In the event such decision is made, appropriate written notice would be given before any termination and the consultant would be compensated on a pro-rata basis for work performed.
The responsible proposer whose proposal is the most advantageous to the City, taking to consideration all the evaluation factors will be recommended for the contract award.
Notwithstanding the Evaluation Team’s selection, the City reserves the right to award this RFP and the resultant Contract in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion. The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.
Contract Award and Execution
Selection of a proposer with whom the City enters into contract negotiations with, or a recommendation of an award by the Evaluation Committee or any other party, does not constitute an award of Contract. Once the City formally awards the contract, the successful consultant will be notified to enter into an agreement. If the selected consultant does not enter DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 13 into the agreement, the City will begin negotiations with the second highest ranking proposing consultant.
Please review all contract forms prior to submitting a proposal. The City of Santa Monica intends to use these forms as the baseline agreements with the successful consultant. The City will not entertain proposals to make material changes to the contract form once the project has been awarded. If you wish to request changes to the contracting forms, you must do so during the proposal process. In addition, the City requires compliance with several other policies and ordinances, proposing consultants will need to complete these Exhibits and submit with their Proposal.
The RFP document and the successful proposal response, as amended by agreement between the City of Santa Monica and the successful consultant, will become part of the contract documents. Additionally, the City of Santa Monica may verify the successful consultant’s representations that appear in the proposal. Failure of the successful consultant to perform as represented may result in elimination of the successful consultant from further negotiation or in contract cancellation or termination.
No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a consultant shall be binding. The City of Santa Monica shall not be bound, or in any way obligated, until the City has awarded the contract and all documents have been executed. The proposing consultant may not incur any chargeable costs prior to final contract execution
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 14 CITY OF SANTA MONICA
Non-Discrimination Policy Acknowledgment
A. Discrimination.
Discrimination in the provision of services may include, but not be limited to the following:
(a) Denying any person any service, or benefit or the availability of afacility. (b) Providing any service, or benefit to any person which is not equivalent, or in a nonequivalent manner or at a non-equivalent time, from that provided to others. (c) Subjecting any persons to segregation or separate treatment in any manner related to the receipt of any service.
(d) Restricting any person in any way in the enjoyment of any advantage or privilegeenjoyed by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any other requirement or condition which persons must meet in order to be provided any service or benefit.
(1) Consultant shall take affirmative action to ensure that intended beneficiaries of this Agreement are provided services without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability. (2) Consultant shall further establish and maintain written procedures under which any person applying for or receiving services hereunder, may seek resolution from Consultant of a complaint with respect to any alleged discrimination in the provision of services by Consultant's personnel.
At any time any person applies for services under this Agreement, he or she shall be advised by Consultant of these procedures. A copy of these procedures shall be posted by Consultant in a conspicuous place, available and open to the public, in each of Consultant's facilities where services are provided hereunder.
B. Non-discrimination in Employment
(1) Consultant certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability in accordance with the requirements of City, State or Federal law. Consultant shall take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law. Such shall include, but not be limited to, the following:
(a) Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. (b) Selection for training, including apprenticeship.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 15 (2) Consultant agrees to post in conspicuous places in each of Consultant's facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this non-discrimination policy. (3) Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State or Federal law. (4) Consultant shall send to each labor union or representative coworkers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Consultant's commitments under this non-discrimination policy.
(5) Consultant certifies and agrees that it will deal with its sub-consultants, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability, in accordance with the requirements of City, State and Federal law.
(6) In accordance with applicable State and Federal law, Consultant shall allow duly authorized representatives of the County, State, and Federal government access to its employment records during regular business hours in order to verify compliance with this nondiscrimination policy. Consultant shall provide other information and records as the representatives may require in order to verify compliance with this non-discrimination policy. (7) If City finds that any of the provisions of this non-discrimination policy have been violated, the same shall constitute a material breach of agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that this nondiscrimination policy has been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Consultant has violated State or Federal nondiscrimination laws shall constitute a finding by City that Consultant has violated the provisions of this non-discrimination policy.
(8) The parties agree that in the event Consultant violates any of the non-discrimination policies set forth herein, City shall be entitled, at its option, to the sum of five hundred dollars ($500) pursuant to Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating or suspending this Agreement.
(9) Consultant hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by applicable Federal Regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualified disabled person shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Consultant receiving Federal Financial Assistance.
Signature/Date Name of Proposer
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 16 NON-COLLUSION DECLARATION TO ACCOMPANY
PROPOSALS OR BIDS
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }
___________________________, being first duly sworn, deposes, and says: that He/She is:
(Insert “Sole Owner,” “A Partner”, “President,” “Secretary,” or other proper title) of ____________________________________________________________________________ (Insert name of proposer)
Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed.
Declarant further deposes and says: that the proposer has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other proposer, or anyone else interested in the proposed contract; that the proposer has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other proposer. (strike out words not appropriate) Declarant further deposes and says that prior to the public opening and recording of proposals the said proposer:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal;
(b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said proposer or anyone else would submit a false or sham proposal, or that anyone should refrain from proposing or withdraw his/her proposal;
(c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and
(d) Did not, directly or indirectly, submit his, her, its, or their proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said proposal in his, her, its, or their business. (strike out words not appropriate) I declare under penalty of perjury that the foregoing is true and correct.
Signature/Date Name of Proposer
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 17 CITY OF SANTA MONICA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS
This certification must be completed for your proposal to be considered.
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) The Bidder and/or any of its Principals, contractors, subcontractors and sub recipients are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of or voluntarily excluded from participating in contracts by any Federal agency and are not presently on the System for Award Management (SAM) or being considered for the SAM OR ineligible to work on contracts for violations of California Labor Code Sections 1777.1 or 1777.7;
2.) “Principals,” for the purpose of this certification, means officer; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar position). ;
3.) The Bidder also certifies that if awarded a contract it shall provide immediate written notice to the City of Santa Monica if, at any time, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances;
4.) A certification that any of the items in this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Bidder’s responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by City of Santa Monica may render the Bidder nonresponsive;
5.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of an Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings; and
6.) The certification of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City of Santa Monica may terminate the contract resulting from this solicitation for default and pursue any other available legal remedies.
By signing below, I declare under penalties of perjury that the forgoing certifications and assurances, any other statements made by me are true and correct.
Name (printed):________________________ Title: ___________________________ Signature: _____________________________ Date:____________________________ Name of Company: _______________________ RFP No. : _______________________ DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 18 CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR
OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative.
The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest.An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 19 CITY OF SANTA MONICA OAKS
INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a12-month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any12- month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any12-month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any12-month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
FOR CITY USE ONLY:
Bid/PO/Contract # Permit #
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 20 - August 2017
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 18/19 – July 1, 2018 through June 30, 2019)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $16.10 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.
An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.
The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.
Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.
Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.
Please direct any questions and send the completed, signed Certification to: City of Santa Monica Finance Department
Attention: Living Wage Compliance Section 1717
4th Street, Suite 250
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 21 - August 2017
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2018 through June 30, 2019
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $16.10 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a)
(b)
(c)
(d)
(e)
contractor is a government agency and is exempt
contractor is a City grantee and is exempt
contractor is a non-profit corporation and is exempt
contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
contractor is a corporation providing banking services
The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: Title:
Signature: Date:
Contractor: Bid Number (if applicable):
Service Description:
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 22 - August 2017
CITY OF SANTA MONICA
BUSINESS LICENSE
WHO NEEDS A BUSINESS LICENSE?
1. Is this vendor physically located in the City of SantaMonica? Yes (Vendor must have a City of Santa Monica business license - contact the Business License unit for the appropriate forms. Skip question 2 & continue to “ADDITIONAL REQUIREMENTS” section below)
No (Continue to the next question)
2. Does this vendor physically come into the City of Santa Monica to conduct business and/or make deliveries?
Yes (Vendor must have a City of Santa Monica Out-of City Business License. - contact the Business License unit for the appropriate forms. Continue to “ADDITIONAL REQUIREMENTS” section below)
No (STOP, no license needed)
ADDITIONAL REQUIREMENTS:
If this vendor is located in or comes into the City of Santa Monica to conduct business, in addition to having a CITY OF SANTA MONICA BUSINESS LICENSE, they will be required to have insurance (see agreement for descriptions).
The business license documentation is only required from the successful Proposer.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 - 23 - August 2017
Exhibit B
SMARKING’s Proposal
The City of Santa Monica, CA
Document: Response to The City of Santa Monica RFP for Parking Data Analytics Submission Date: August 28th 2018
Proposal valid through March 30th, 2019
Prepared for: Caline Evans
Administrative
Analyst (310) 458-
8299
[email protected]
Prepared by: Cassius Jones
Head of Enterprise
Accounts (650)-380-
5114
[email protected]
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 2 Proprietary and Confidential
Cover Letter
To the Team at The City of Santa Monica,
Over the past year and a half we’ve worked closely with you and your team to help the City organize it’s parking data, streamline operations, and put data to work from a parking policy perspective. While we are proud of what we’ve accomplished over that time period, we have higher expectations for what the future of parking in Santa Monica should look like. To that end, it’s exciting to respond to this Request for Proposal (RFP) and detail our capabilities, how they align with your goals, and lay the groundwork for a long and mutually beneficial relationship.
While you are already familiar with our services and company, we think context is always helpful:
Founded in 2013 out of the Massachusetts Institute of Technology – Smarking is the industry leader in Parking Data Analytics and Business Intelligence technology. We have grown significantly since then, and now the Smarking software platform is utilized at more than 2,000 parking facilities across North America. Many of the world’s most forward thinking cities, airports, commercial real estate firms, and parking operations companies leverage our software to improve their parking operations, make more informed policy decisions, digitize key information around parking so that it can be communicated seamlessly through in industry leading suite of Application Programming Interfaces (APIs). Our clients include The Miami Parking Authority, the City of Walnut Creek CA, the City of Aspen CO, the City of Boulder CO, the City of Santa Cruz CA, Brookfield Properties, Macerich, Ashkenazy Acquisitions Corporation, the Millennium Parking Garages, SP+, ABM and Boston Properties - to name a few.
In the short five years since our Software as a Service (SaaS) product was introduced, we have led the industry regarding parking data management, business intelligence, and yield management. While others have been contemplating and discussing this trend, we have been busy building an industry leading suite of data integration partners, data processing algorithms and have acquired a wealth of knowledge around what it takes to deliver Parking Data Analytics and Business Intelligence software in a way that delights our clients and enables them to achieve their goals today, and into the future.
Finally, we invest heavily in our software technology and our client’s success, so that Santa Monica and our other clients can partner with Smarking for the long term. No one wants to change Parking Data Analytics providers every 2-5 years, let alone every year. We trust, with this RFP submission, the Santa Monica team will come to understand there is no other provider which can help deliver results to your team and your City in the form of speed, efficiency, and quality, while helping you to reduce risk, as well as Smarking can.
We are thrilled at the opportunity to work with and serve The City of Santa Monica. The following RFP response outlines our product capabilities, experience, team, and our differentiators.
Thank you again for your time and consideration of our services.
Sincerely,
Kurt Wedel
VP of Sales and Business Development
Smarking, Inc.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 3 Proprietary and Confidential
Executive Summary:
Based on the content of your Request for Proposal (RFP), we believe that Smarking and The City of Santa Monica, CA share a common expectation on how a Parking Data Analytics system should be built, what it should do, how it should be supported, and the value it should deliver. More to the point, Smarking has built a product that delivers against all of The City of Santa Monica’s service requirementstoday.
Smarking takes a holistic, iterative and partnership approach to Parking Data Analytics. We build our system from the ground up, and don’t cut corners. We believe that fundamentals should drive decision making - that a sound understanding of the data, including but not limited to occupancy patterns, revenue trends, and duration distribution, should uncover actionable opportunities – to the benefit of Santa Monica’s parking staff, its customers, and other interested parties. But, having learned from experience, we know that the fundamentals of Parking Data Analytics are inextricably linked to the details. While initial opportunities are likely to be derived from high-level observations, our iterative approach deepens over time to an increasingly granular analysis. Ultimately our goal is to digitize all paid parking inventory in Santa Monica, ensure fair and efficient pricing, enable price and availability transparency, and make the most of a valuable but limited resource in a way that supports the City of Santa Monica’s goals around mobility and land use.
Data processing, data science, and machine learning are only one component of the broader Smarking solution. Smarking’s intuitive user interface ensures that The City of Santa Monica, its employees and stakeholders will enjoy using the software, improving job satisfaction and The City of Santa Monica’s ability to attract and retain top talent. Beyond our software, Smarking offers best in class client support and professional services. Our team consists of the top minds in data science (including two MIT ‘Big Data’ champions), software engineering, mobility consulting, client success and business development. Our full service approach to Parking Data Analytics has been informed by more than three years of successfully delivering projects – across more than 2,000 deployments - learning first hand what it takes to delight our clients. To recap, with Smarking you get:
1. Best in Class Data Analytics Software – Built by MIT PhD’s, our system leverages transaction level data from any and all of your parking systems to provide a holistic understanding of parking dynamics in Santa Monica, CA
2. Parking Data and Management Experience – Deployed more than 2,000 parking locations supporting over 45 different real-time data integrations, with more than 450 extract-transformload (ETL) jobs running – there is no firm more familiar with the nuances of parking data than Smarking.
3. Rapid Time-to-Value – Given our history with the City, much of the functionality associated with the Parking Data Analytics solution is built. But – inevitably – new systems will be added and replaced over the years. Our average time to deployment for our business intelligence (BI) solution is just over two months. As these systems are added, the time to value will be measured in weeks and not months.
4. Open Systems and Flexibility – Our off-the-shelf systems and integrations are built and ready to go, with greater ability to configure to user’s needs than any other vendor. So, the software conforms to The City of Santa Monica’s needs, and not vice versa.
5. Open API’s for Third Party Integrations - Smarking includes open API’s for both data import and export to allow for easy connectivity to other systems, enabling the City of Santa Monica to be a leader around Smart City and data connectivity initiatives.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 4 Proprietary and Confidential
6. Industry Leadership – Going on five years of industry leading and intuitive business intelligence, analytics and yield management. As mentioned above we’ve been delivering these solutions in over 2,000 locations, while others are struggling to catch up.
7. Easy to Learn and Use System and System Interface – Simple, easy to learn and use with focus on reduction of clicks and increased efficiency, combined with broad and deep ways to view your data.
8. Best in Class Team - Companies are characterized by their employees. Smarking has attracted and retained the best staff in the industry, starting with our executive team, but most importantly with our teams who work with our clients.
9. Client Support – We value and respect our partners and support them with clear, open communication, rapid response, and professional execution. We anticipate that issues will arise, and in those rare cases, we tackle them - with your help - as quickly and clearly as possible; working diligently to a successful resolution.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 5 Proprietary and Confidential
THE CITY OF SANTA MONICA, CA
Letter of Transmittal for
Parking Data Analytics Services
Identify the Submitting Organization:
Smarking, Inc (“Smarking”) is a privately held C-Corporation located at 251 Rhode Island Street, Suite 203, San Francisco, California, 94103. The company was incorporated in the State of Delaware on December 27th, 2013.
Identify the person authorized to contractually obligate the organization:
Cassius Jones
Head of Enterprise Accounts
650-380-5114
[email protected]
Identify the person authorized to negotiate on behalf of the organization:
Kurt Wedel
VP of Sales and Business Development
415-533-9078
[email protected]
Identify the person to be contacted for clarification:
Cassius Jones
Head of Enterprise Accounts
650-380-5114
[email protected]
Signed:
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 6 Proprietary and Confidential
The City of Santa Monica, CA
Qualification for
Parking Data Analytics Services
About Smarking:
Smarking, Inc was founded at MIT in 2013 and is the parking industry’s first and leading exclusive provider of parking data analytics and business intelligence technology. Since its inception in Cambridge, MA – cofounders Wen Sang and Maokai Lin, at the time PhD students and active members of the Martin Trust Center for MIT Entrepreneurship, sought to replicate the success and efficiencies that business intelligence and inventory digitization created in the airline and hotel industries. Beginning with our first client - Logan International Airport, until today, no other firm has successfully implemented as many parking data analytics systems as Smarking. We have more than five years of experience in building parking data analytics systems and more than 90 happy clients, in over 2,000 locations in the USA and Canada, as testament to our experience and delivery record.
Experience of the company:
No other organization in the parking industry maintains the singular focus on parking data analytics and business intelligence software, or has more experience in delivering successful parking data analytics and business intelligence systems as Smarking. Beginning in 2013, our exclusive focus has been enabling business intelligence and inventory digitization initiatives in parking through a sophisticated suite of algorithms and software applications that turn transaction level data into relevant metrics around (realtime, historic and forecasted) occupancies, revenues and parking durations across all time periods and parker segmentations. Our exclusive focus on the North American parking market, our expertise in working with the data sets specific to that market, and deep understanding of parking dynamics and challenges municipalities face when managing parking are what sets Smarking apart from new, less experienced, entrants to the space.
Notable Statistics:
1. More than 45 vendor partners integrated over a three year time span, including SKIDATA, IPS, DataPark, T2, HighTech, Genetec, Tiba, Amano McGann, Flash Parking, Parkmobile, PayByPhone, Passport, and many others.
2. More than 450 “Extract, Transform, and Load” (ETL) jobs live and running in our cloud environment.
This includes several different configurations of SKIDATA and other Parking Access and Revenue Control (PARCS) systems. Simply put, no other firm is as experienced in the nuances of parking data structures and the methods necessary to successfully work withindividual data sets than Smarking.
3. Experience deploying and supporting over 2,000 parking data analytics systems across the USA and Canada.
4. Referenceable case studies across municipal, commercial real estate, parking operations and airport verticals.
5. Standardized API documentation that our clients can leverage to communicate relevant parking metrics and data onto third party platforms
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 7 Proprietary and Confidential
6. More than 20 different configurable reports including: occupancy analysis, revenue analysis, duration analysis, real time alerts, online price comparison, chart annotations, portfolio view, budget analysis, and many more.
Selected Delivery Highlights Relevant to the City of Santa Monica, CA:
1. The City of Walnut Creek, CA:
a. Business Intelligence and Data Management: The City of Walnut Creek, CA hired Smarking to act as a parking data analytics and business intelligence tool for the more than 3,000 publicly managed parking spaces in downtown Walnut Creek. Smarking has aggregated data across more than four different systems into a holistic parking data analytics application. Specifically, the City of Walnut Creek has 3 structures outfitted with Scheidt and Bachmann Parking Access and Revenue Control Systems (PARCS). They will be installing SKIDATA PARCS this coming winter, Smarking will integrated with SKIDATA allowing a smooth transition from Scheidt and Bachmann enabling consistent historical data and preserving the cities ability to compare current dynamics against historical trends. On-street, the City works with IPS as a meter solution and Parkmobile for mobile payments, with NWave occupancy sensors installed on select streets. The IPS meters will be replaced with Mackay meters in the coming months, Smarking will integrated with Mackay allowing for smooth transition from IPS enabling consistent historical data and preserving the cities ability to compare current dynamics against historical trends.
b. Parking Policy Change: In September of 2017 the City leveraged Smarking data to make a number of policy changes to encourage parking in peripheral areas, reducing congestion in the downtown core. Smarking staff engaged with the City Transportation Commission to approve the relevant policy changes, met with Walnut Creek City Council, and returns to the city’s relevant political committees on an annual basis to update the City on parking dynamics via consistent and standardizedreporting. c. Mapping and Information Transparency: The City of Walnut Creek publicly hosts a map, powered by Smarking, which displays historical parking occupancy information on top of a Google Maps layer. The map is used to help communicate parking dynamics to interested stakeholders in a clear and visually compelling fashion. The publicly displayed map also enables residents to understand parking dynamics and identify areas where parking is typically available. A number of academic and professional institutions have also took notice of the map and reached out to the City to inquire about research and partnership opportunities.
d. Public Private Partnership: The City of Walnut Creek introduced Smarking to a number of private parking entities in Walnut Creek – several of which are now Smarking clients.
With their cooperation, this enables the city to look holistically at parking availability, across public and private entities, in order to make more informed parking policy and land use decisions. Major private clients in Walnut Creek include Park Smart, a parking operations company with more than 20 locations in Walnut Creek and surrounding cities, and Macerich – a large retail owner and owner of Broadway Plaza and it’s associated parking garages (more than 3,000 spaces) in downtown Walnut Creek.
Between these three clients more than 70% of the paid parking inventory in Walnut Creek is digitized on the Smarking platform.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 8 Proprietary and Confidential
e. Smart City Initiatives: Smarking also plays a key role in the city’s smart city initiatives:
Walnut Creek plans to leverage the Smarking API to communicate real timeoccupancy and price information to connected and autonomous vehicles, across both public and private parking inventory.
2. The Miami Parking Authority:
a. Business Intelligence and Data Management: The Miami Parking Authority hired Smarking in 2015 for a three-year contract and renewed the contract in 2018 for another three years. In Miami, Smarking has aggregated data from more than sixunique sources including: SKIDATA (PARCS), CTR (PARCS owned by HUB) Parkeon (now Flowbird), PayByPhone, T2, and Smart Parking (parking sensors). The data is leveraged to streamline operational efficiency and implement variable pricing programs to improve parking availability and mitigate congestion.
b. Meter and Pay-station Removal – Land Use: The city uses Smarking to measure mobile payment adoption vs. meter usage and remove meters in areas with high mobile payment adoption and low meter usage – reducing street clutter. The city also selectively removes parking spaces in areas of low utilization to allow for parklets and bike lanes.
c. Inventory Allocation: Miami is a dense and growing city, and parking occupancies in the Authority’s parking structures are closely monitored. The city leverages the Smarking oversell analysis tool to optimize the allocation of monthly parkers across their structures, increasing revenue for the city and providing more parking options for Miami residents.
d. Mapping: In renewing the relationship with Smarking in 2018, the city elected to purchase a dynamic mapping application to help communicate parking occupancies and pricing to interested stakeholders. The mapping application is a key element of the city’s plan to implement variable on street pricing – using the tool to clearly communicate pricing and availability across city streets, structures, and neighborhoods. The city also plans to host the map publicly on its website in an effort to promote civic transparency and advertise the city’s technology to third parties looking to partner on innovative and connected mobility strategies.
3. The City of Aspen, CO:
a. Business Intelligence and Data Management: The City of Aspen, CO hired Smarking in 2016 to aggregate its on street parking operation into a holistic parking data analytics and business intelligence application. In Aspen, Smarking is aggregating data across more than four data sources, including: Cale (now Flowbird) pay-stations, Cale’s mobile payment solution, PayByPhone, and Genetec (license plate recognition) technology. The Smarking platform enables Aspen parking operations and relevant staff to quickly act on parking trends and measure the impact of parking policy decisions with data. b. Policy Change, Measurement, and Transportation Demand Management: After analyzing the data in the Smarking application, Aspen implemented a variable rate policy, raising prices during the busy winter and summer seasons and keeping them (relatively) low during the shoulder season. The variable rate strategy increased parking availability, reduced congestion, and increased business sales tax receipts. The DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 9 Proprietary and Confidential
incremental revenues from the variable pricing program were used to fund a bike share program and public shuttle service, enabling mode shift to more sustainable methods. c. Refining Policy Action: Through the Smarking application Aspen can measure how parking demand changes over time. Since the initial policy action was taken Aspen’s parking team has been diligent in measuring how parkers responded to the price changes. In June of 2018, parking policy was refined, extending the “premium pricing” to March and September while also increasing prices during the peak time, 11 – 3 PM.
Preliminary analysis shows the policy is effective, encouraging residents and visitors to come to Aspen during off peak times – reducing congestion and improving the business climate by elongating peak business visitation to Aspen’sretailers. d. Communicating with Data: The Aspen Parking department uses the Smarking application to update Aspen City Council on how parking policy changes impact parking dynamics in downtown Aspen. Because Smarking’s reporting is easy to understand, holistic, and consistent across months and years, Aspen City Council has placed an unprecedented level of trust in the Aspen parking department – enabling our clients to put in place policies they know will best improve mobility, congestion, and the parking experience in downtown Aspen.
4. Valet Parking New England (VPNE):
a. Business Intelligence and Data Aggregation: VPNE first engaged with Smarking in 2015 with a goal to differentiate their business and provide a heightened level of service to their clients. Over the past three years Smarking has aggregated data from more than 7 different systems including: DataPark, Tiba, Amano, SpotHero (online reservations), ParkWhiz (online reservations), Parkonect, and Ticketech. Today, Smarking has more than 50 deployments live across the greater Boston area. A visit to the VPNE offices is the best way to realize how deep adoption of Smarking can transform an organization:
garage managers compare charts across structures in order to leverage best practices across the portfolio. In the mornings the Smarking daily email digest is used to prioritize tasks for the day and identify problem areas. VPNE clients are given access to the Smarking application so that client meetings are productive: quickly identifying relevant parking trends, taking action, and measuring the impacts of those actions. b. Robust Client Success and Training: Today there are more than 40 unique users associated with the VPNE account who regularly access the Smarking application. To support such a large group of active and engaged users VPNE and Smarking have established a set of processes that ensure that all users are equipped to properly leverage the Smarking software while maintaining efficient project management.
Specifically, quarterly training sessions are held where VPNE staff can learn about new features and functionality specific to VPNE users. An internal VPNE “Smarking admin” has been appointed and directly communicates with relevant staff to compile requests around software configuration, prioritizes those requests and works with Smarking to adjust and fine-tune the software in a fast and efficientmanner. c. Automated Inventory Management: In the Spring of 2018 VPNE and Smarking expanded the Smarking service offering beyond business intelligence into automated inventory management. Currently, an algorithm and suite of software applications sets and adjusts the price of parking on select online reservation channels at three garages in downtown Boston. The goal of the program is replicate the success that dynamicpricing DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 10 Proprietary and Confidential
programs have had in the airline and hotel industries, whereby computers are constantly adjusting prices based on real time changes in demand. Smarking hopes to expand the concept to more channels, including on and off street parking, creating a completely automated and truly dynamic parking program – built around each client’s goals and objectives. We understand that revenue optimization may not be a top priority for the City of Santa Monica, the same application and methodology can be deployed to manage occupancy goals to change and sustain parking behavior.
5. Additional case studies, with more detail are available uponrequest.
Not mentioned above are the thousands of other deployments Smarking has successfully delivered over the past five years, many with their own unique value propositions and use cases. Smarking hopes to leverage the technology, methodology and expertise we’ve gained from more than 2,000 deployments on behalf of The City of Santa Monica, CA. While these deployments may not have the specific systems installed in the City of Santa Monica, or share similar parking dynamics as the Santa Monica operation, each and every deployment makes our software more robust and enables our team to become more insightful and adept in leveraging parking data to improve parking operations. What might be a daunting challenge to newcomers in the parking business intelligence space is likely to be a familiar problem to Smarking – one that has a ready-built solution to be deployed on behalf of The City of Santa Monica.
The rate of growth the organization has achieved over the last three years, with negligible client turnover, is testament to the company’s exemplary product and client service orientation. Our growth has also enabled Smarking’s personnel to work with the widest and most expansive set of parking operations – as such, no other provider is as experienced or as qualified in delivering parking data analytics software services.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 11 Proprietary and Confidential
THE CITY OF SANTA MONICA
List of Key Personnel for
Parking Data Analytics Services
The Smarking Team
Smarking attracts some of the top minds in software engineering, data science, parking policy, business development and project management. Below is a brief bio for each of the individuals who will be assigned to the Santa Monica Parking Data Analytics System project:
• Maokai Lin, PhD – Maokai is Smarking’s cofounder and Chief Technical Officer (CTO). He is the architect of Smarking’s industry leading data ingestion algorithms, our database structure, and our API configuration. Prior to working for Smarking, Maokai worked in the data science departments for both Facebook and Morgan Stanley. Maokai holds two degrees from MIT: a PhD in Operations Research and Applied Math (2014) and a Master of Science in Computation for Design and Optimization (2010). Prior to MIT, Maokai graduated from Tsinghua University with a Bachelors of Science - Industrial Engineering. Outside of academia Maokai has received a number of awards, including: 1st place in MIT's 2014 Poker Bot Competition and a two-time champion ofthe Chinese Olympiad in both Physics and Informatics. He has spoken at a number of data science conferences including the ACM-SIAM Symposium on Discrete Algorithms and the Institute for Operations Research and Management Sciences.
• Steve Brennan – Steve is Smarking’s lead back end engineer, tasked with building accurate, robust and efficient ETL systems and API’s to power our business intelligence and yield management applications. Steve is the lead administrator of Smarking’s proprietary database structure, oversees the integrity of more than 450 ETL jobs, and data accuracy and data calibration initiatives. Steve has more than 35 years of software engineering and system maintenance experience, having graduated from Boston College in 1985 with a degree in Mathematics and ComputerScience. • Yuqi Wang – Yuqi advises Smarking’s clients on parking management strategies through pricing and inventory allocation (yield management) practices, policy research, product prototype development, and stakeholder engagement. Before joining Smarking, Yuqi worked for three years in urban economics and real estate consulting firm – RKG Associates. Yuqi holds a Master’s degree in urban planning from Massachusetts Institute of Technology, and a Master’s degree in Applied Economics from Tsinghua University, China.
• Steve Bietz – Steve is Smarking’s Director of Client Success. He has over 20 years of experience in client engagement, account management and team leadership in client service. He holds an MBA from the Munich Business School with a focus on innovation management and a B.A. degreefrom the University of Colorado, Boulder in International Affairs. Most recently he’s spent time in Sweden driving client value for large financial institutions in the software industry and focused on expanding relationships with automotive manufacturers inGermany. • Cassius Jones – Cassius is tasked with growing and maintaining business relationships with Smarking’s strategic partners. As one of Smarking’s earliest employees he has deep knowledge of the organizations that stand to benefit from Smarking’s Parking Data Analytics systems, whatit DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 12 Proprietary and Confidential
takes to successfully deliver a business intelligence application, and is genuinely passionate around how Smarking can improve its client’s parking operations. He has spoken about business intelligence and yield management in parking at many conferences including: the International Parking Institutes 2016 conference, the California Public Parking Associations 2017 conference, the Canadian Parking Associations 2017 conference, the Pacific Intermountain Parking and Transportation Associations 2018 conference, and the eMerge Americas 2018 conference. He has been published twice in Parking magazine and is a regular contributor to the Smarking blog. Prior to working at Smarking, Cassius was as an analyst in the Private Wealth Management division of UBS. He graduated with a degree in Finance from the College of William and Mary.
• Dan Catalano: Dan works on Smarking’s client success team and is highly experienced in working with the Smarking system in order to configure and reprocess data to client specifications. Dan is tasked with interfacing with public and private clients across the US to ensure that our clients are successfully leveraging the software, and if not – take action to enable success. Prior to joining Smarking Dan worked at an algorithmic trading firm in Chicago, IL. He graduated with a degree in Economics from Bucknell University and is currently pursuing an MBA at UCDavis.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 13 Proprietary and Confidential
THE CITY OF SANTA MONICA
List of Client References for
Parking Data Analytics Services
References
Please see our list of client references below. Each individual listed below has been notified and approved of their inclusion in this RFP, and are eagerly awaiting your call. In the event you’d like to speak with more references please reach out to us and we would be happy to facilitate introductions.
The City of Walnut Creek, CA:
Carla Hansen
Assistant to the City Manager
[email protected]
(925)-943-5899 x2108
Services Provided: Parking Data Analytics and Business Intelligence – primary service provider Start date: September, 2016
Completion date: Ongoing
The City of Aspen, CO:
Mitch Osur
Parking Manager
[email protected]
(970)-429-1766
Services Provided: Parking Data Analytics and Business Intelligence – primary service provider Start date: May, 2016
Completion date: Ongoing
The Miami Parking Authority:
Alejandra Argudin
Chief Operating Officer
[email protected]
(305)-373-6789 x249
Services Provided: Parking Data Analytics and Business Intelligence – primary service provider Start date: September, 2015
Completion date: Ongoing
Macerich:
Aaron Spector
Senior Manager, Asset Management, Parking Strategy and
Operations [email protected]
(424)-229-3565
Services Provided: Parking Data Analytics and Business Intelligence – primary service provider Start date: March, 2018
Completion date: Ongoing
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 14 Proprietary and Confidential
Ashekanzy Acquisitons Corporation:
Jerry Wiggins
Director of Parking
Operations
[email protected]
(832)-477-6088
Services Provided: Parking Data Analytics and Business Intelligence – primary service provider Start date: March, 2017
Completion date: Ongoing
Valet Parking New England (VPNE):
Kristin Garcia
Associate Director of
Operations
[email protected]
(617)-451-1393 x124
Services Provided: Parking Data Analytics, Business Intelligence, Yield Management – primary service provider
Start date: November, 2014
Completion date: Ongoing
In addition to the references listed above, Smarking maintains a host of case studies on its website (www.smarking.com) and more informally on its blog (https://blog.smarking.net/).
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 15 Proprietary and Confidential
THE CITY OF SANTA MONICA
Project Work Plan
Parking Data Analytics Services
Project Scope:
Based on our prior work with the City of Santa Monica and the contents of this RFP we believe we have a deep understanding of Santa Monica’s goals for in a Parking Data Analytics system and the type of services that should accompany such a system. Specifically the City is seeking:
1. Data aggregation: The City of Santa Monica has more than 50 parking facilities generating transaction level data across more than three unique parking technology systems. The City is seeking a system to aggregate this data into a single database, process the data into a single, consistent format, and ensure the data’s accuracy and comparability.
2. Business Intelligence application: The City would like to leverage the parking data into actionable insights. Specifically, the data should be leveraged to perform:
a. Pricing analysis
b. Staffing analysis
c. Occupancy analysis
d. Revenue contribution analysis
e. Predictive data
Furthermore, the business intelligence application should be dynamic and configurable to ensure that the above analysis can be performed across any possible data segmentation, including but not limited to: price tier, duration of stay, access group, day of week, etc.
3. Specific metrics to be tracked: The City of Santa Monica seeks a parking data analytics system that contains the specific functionality:
a. Real-time monitoring
b. Occupancy and revenue predictions
c. Operational analytics around specific parking locations or groups of parking locations in varied time frames
d. Occupancy analysis: over time, on average by weekend, weekday, or specific day of week along with entry and exit analysis
e. Revenue analysis: explore revenues for each parking location over time and in various segmentations
f. Duration analysis: display the duration of stay in raw transaction numbers or as a % of transactions, in aggregate or segmented based on a specific time of entry with respect to day of week or time of day
4. Visualizations and report writing: Let’s face it, parking data can be complex and mind numbing.
The business intelligence application should include compelling visualizations that make it easy for Santa Monica staff to explore relevant parking dynamics. The software should be designed in a way that is user-centric – with a focus on reduction in clicks, rapid time to value for new users and clear
5. Management and settings: The system should enable City of Santa Monica staff to add and delete new accounts. Admins should be able to allocate various privileges regarding which locations each user has access and what metrics aredisplayed.
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6. Professional services: Beyond the software application, the system should be complimented with a team of professionals who are prepared to help the City of Santa Monica make the most of its parking data. These professional services should include but are not limitedto:
a. Consulting services: Professionals with parking and urban mobility expertise to bring the data to life and help build models around occupancy and revenue forecasting b. Onsite user training and enablement: The service provider should regularly meet with Santa Monica parking staff to ensure the tool is being properly leveraged by all Santa Monica users
c. Meeting with political entities: The service provider should be ready to present relevant parking metrics to political entities and other interested stakeholders Beyond the above stated requirements, the City is also interested in several other items:
1. Mapping: The City is interested in embedding parking data onto a mapping layer that visualizes occupancy patterns by block and by structure. The map should be viewable internally as well as hosted publicly on a website maintained by the City.
2. Application Programming Interface (API): The City is interested in using an API to communicate parking data onto relevant third party platforms – including city websites, databases, mobile applications and connected and autonomous vehicles.
Project Approach:
Given Smarking’s history with the City of Santa Monica, acting a sub -contractor to SP+, much of the work associated building a parking data analytics with the above framework has been accomplished.
Below we list each line item as stated above and comment on its status:
1. Data aggregation: Smarking has aggregated data across more than seven parking technology systems into a single database with a consistent format to ensure the data’s accuracy and comparability
2. Business intelligence application: The Smarking application allows City of Santa Monica staff to leverage the data against the following goals:
a. Pricing analysis
b. Staffing analysis
c. Occupancy analysis
d. Revenue contribution analysis
e. Predictive data
A major pricing, occupancy and revenue contribution project was completed with the Smarking application in March of 2018. Smarking has built a host of data segmentations within the software enabling Santa Monica staff to configure views based on price tier, system, validation use, duration of stay, etc.
3. Specific metrics to be tracked: The Smarking application for the City of Santa Monica currently supports:
a. Real Time Monitoring – data is updated very 5 minutes across T2, IPS, and SkiData systems
b. Occupancy and revenue predictions – Smarking uses a machine learning algorithm to forecast occupancies and revenues up to 30 days in advance c. Operational analytics around specific parking locations or groups of parking locations in varied time frames – Smarking has created more than 78 “locations” to allowSanta DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 17 Proprietary and Confidential
Monica staff to analyze parking data across all of its parking inventory, configured to Santa Monica’s specifications
d. Occupancy analysis: Santa Monica staff can explore occupancies across all parking facilities: over time, on average by weekend, weekday, or specific day of week along with entry and exit analysis
e. Revenue analysis: Santa Monica staff can explore revenues across all parking facilities, over time and in varioussegmentations
f. Duration analysis: Santa Monica staff can explore parking durations across all parking facilities in raw transaction numbers or as a % of transaction, in aggregate or segmented based on a specific time of entry with respect to day of week or time ofday
4. Visualizations and report writing: The Smarking application tool enables Santa Monica staff to visualize key metrics on their desktops, tablets and mobile devices. Graphs can be populated in bar charts, line charts, heat maps, etc. The colors of each legend are customizable to each user.
Currently, graphs and data can be exported into PNG, PDF and CSV (excel friendly) formats. A more robust report-writing feature must be created and is prioritized for development during Q4 2018 and Q1 2019.
5. Management and settings: Smarking allows Santa Monica administrators to invite new users to selected locations and delete users from the administrator page. Santa Monica staff can contact Smarking administrators to code each account with unique privileges around access to specific metrics (i.e. revenue).
6. Professional Services: The Smarking team has supplemented the software applications with a variety of professional services, detailed below. We look forward to continuing to support the City of Santa Monica on professional services engagements. a. Consulting services: Smarking helped The City prepare a price and occupancy model based on the City’s historical data that was used to implement new rates at the City’s largest parking structures
b. Onsite user training and enablement: Smarking has visited Santa Monica staff and interested stakeholders on a number of occasions, including two dedicated training sessions with staff and interested stakeholders
c. Meeting with political entities: Smarking has attended a Santa Monica City Council meeting, introduced Council to the software application, and presented high level parking dynamics to Council to support staff’srecommendation Optional Items:
1. Mapping: Smarking has embedded the City of Santa Monica’s parking occupancy data for all on street and off street parking occupancies onto a Google Maps layer. The map can be embedded as an iFrame on a Santa Monica maintained website.
2. Application Programming Interface (API): The underlying API that powers the Smarking application is provided to the City of Santa Monica at no additional cost. The API is currently being beta tested to stream parking occupancy information to the City’s physicalsignage.
Of the features requested in the RFP, the only feature requested that is not currently supported in the Smarking application is a dynamic report writing feature. Smarking maintains a product roadmap, and dynamic report writing is on top of that list. Pending engineering availability, Smarking plans to have a beta report writing feature built in late Q4 2018 or Q1 2019. Smarking will work closely with the City of DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 18 Proprietary and Confidential
Santa Monica to build the tool around its needs, iterating over time to ensure that Smarking reports can be leveraged to communicate parking dynamics to interested stakeholders via dynamic and intuitive reporting.
System Support and Maintenance:
In order to support more than 90 clients and 2,000 parking locations Smarking has developed a robust set of support and maintenance procedures that is supplemented by a best-in-class client success team. In our experience, the effectiveness of a parking data analytics application, and its ability to operate seamlessly and effectively for our clients has both a technical and professional component. The technical component is primarily determined by the service provider’s familiarity with the underlying data structures and experience leveraging various Extract, Transform and Load (ETL) techniques employed to transfer data from each individual host system into a cloud environment. The professional component is defined by deep knowledge of the PARCS and revenue system’s complex data structures and definitions, which Smarking has painstakingly come to understand in depth. This allows Smarking to deliver the highest quality data in the quickest timeframe, and over the course of the client engagement. The City of Santa Monica will be assigned a dedicated Client Success Manager (CSM) who will solely be responsible for supporting Santa Monica on an ongoing basis. The dedicated CSM is part of our standard support and included in the fees included in this document.
Technical Support and Maintenance:
Concerning The City of Santa Monica’s Parking Data Analytics system – the underlying data sets consist of SKIDATA PARCS, IPS Meters, T2 pay stations, and Hitech. Although historically more data sets like HUB / DataPark have been integrated. Below we detail the technical specifics of each data integration point.
SKIDATA:
Smarking has more than 50 deployments with SKIDATA and has been integrated with SKIDATA since the beginning of 2016. Smarking’s integration with SKIDATA is sanctioned and approved by SKIDATA Group and does not require any technical work on behalf of The City of Santa Monica’s information technology team. A SKIDATA technician installs a software package – the “Remote Database Module” – on the host system. A separate server or replicate server is installed onsite, but outside of the cardholder data environment or “CDE.” This is to maintain the highest levels of the Payment Card Industry’s Data Security Standards (PCI-DSS). The remote database module enables a copy of the anonymous transaction level data to be transferred from the host system onto the replicate server, creating a duplicate database. The Smarking script is installed onto the replicate server – that script has read only access to the duplicate database, reads the database, and converts select fields into a CSV file and uploads that CSV file to Smarking’s cloud environment, hosted by Amazon Web Services (AWS), on a regular interval, typically every five minutes.
Smarking has found that the most complete data set that enables the most robust analysis experience requires reading and converting fields from more than 36 unique data tables within the duplicate SKIDATA database. The familiarity Smarking engineers have with SKIDATA’s database is unmatched by any other provider. Major Smarking clients that employ SKIDATA systems include:
1. The Edmonton International Airport – 5 parking structures
2. Brookfield Properties – 5 parking structures in downtown Los Angeles
3. Ashkenazy Acquisitions Corporation – 3 parking structures across the US DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 19 Proprietary and Confidential
4. The Miami Parking Authority – 2 parking structures in downtown Miami, FL
5. The Macerich Company – 6 parking structures across theUS IPS:
Smarking’s integration with IPS occurs via remote file transfer. IPS transfers a flat file to Smarking on a regular interval containing the relevant transaction level data for each active IPS meter. Smarking uploads that data into our cloud environment, processes that data into our proprietary data format and displays that data onto the parking data analytics application.
Major Smarking clients that use IPS meters include:
1. The City of Walnut Creek, CA
2. The City of New Haven, CT
3. The City of Long Beach, CA
4. The City of Portsmouth, NH
T2:
Smarking’s integration with T2 occurs via remote web access. Santa Monica staff creates Smarking a duplicate login account to the T2 Digital IRIS website. Smarking writes a computer script that logs into the portal on a regular interval, runs various reports, exports those reports to a CSV file, and uploads that CSV file to our AWS server. From there, the data is processed into our proprietary data format and displays that data onto the parking data analytics application:
Major Smarking clients that use T2 paystations include:
1. The Miami Parking Authority
2. The City of New Haven, CT
3. The City of Long Beach, CA
4. The City of Santa Cruz, CA
5. ParkSmart (private operator)
6. EasyPark (private operator owned by The City of Vancouver,Canada)
7. Premier Parking (private operator)
Hitech:
Smarking integration with Hitech occurs via remote file transfer. Per the direction of the City of Santa Monica, the integration is not real time and requires Santa Monica city staff to upload a CSV file containing relevant data for Hitech on a monthly interval. Once uploaded, the data is processed into our proprietary data format and displayed onto the parking data analytics application.
Smarking is happy to explore real time integration for the Hitech at The City’s request. Smarking does not have any other clients that use a Hitech system.
Ongoing Support and Maintenance – Testing and Monitoring:
The technical component of system support and maintenance does not end once the data has been populated into our AWS environment. Smarking leverages a suite of anomaly detection algorithms that benchmark current statistics against historical and predicted values to ensure that the system is functioning as expected. To the extent that anomalies do occur, automatic alerts are sent to the DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 20 Proprietary and Confidential
Smarking engineering and client success teams. Client’s can sign up to receive these alerts at their discretion.
Common causes of anomalies include: on-site internet disruption, open or broken gates, changes to the PARCS system, or construction that impacts facility specific parking demand.
In addition to the above, Smarking partners with a host of third party software providers to monitor the health of our application – including MixPanel, New Relic and Cloudwatch. These systems help measure system performance and monitor for anomalies.
Professional Support and Maintenance – Data Accuracy:
The professional component of system support and maintenance starts with our robust data accuracy process. The Smarking client success team engages in two recurring steps to ensure that the information collected within the Smarking system is an accurate reflection of garage operations. The first is “internal data accuracy” where Smarking compares the metrics presented inside the Smarking system against the metrics in the host system – i.e. “Do the number of transactions reported by SKIDATA on Tuesday July 10 match what Smarking reports on Tuesday July 10?”
The second step is “external data accuracy” where the Smarking client success team examines a handful of benchmark reports generated by the client in order to understand how the client prefers to view and interpret key performance metrics. The Smarking system can be configured in an unlimited number of ways i.e. “occupancy by parking duration” or “revenue by price tier.” Those configurations are informed by the client’s existing reporting framework, and the external data accuracy step ensures that the client has a seamless transition from their existing reporting framework to the Smarking system.
Professional Support and Maintenance – Value Oriented Support Smarking’s client service and professional services team supplement support and maintenance by meeting with clients on a regular basis (weekly during implementation shifting to monthly or quarterly post-implementation) to ensure that the software is properly configured and is supporting the client’s objectives to the fullest extent possible. For The City of Santa Monica, Smarking recommends bi-weekly or monthly project status meetings.
Responsibility of Smarking, The City of Santa Monica, and relevant third-party data vendors: Smarking prefers to maintain as much responsibility around system support and maintenance as is reasonably possible. We’ve found that our engineers and client success managers are the most familiar with parking data and the associated systems, and are best positioned to implement solutions when problems arise.
From time to time, Smarking may ask The City of Santa Monica to act as a point of escalation for Smarking when we do not have sufficient access or leverage to address the problem unilaterally. In these cases Smarking works closely with Santa Monica and other relevant vendors to troubleshoot issues and arrive at a solution.
That said, Smarking cannot do everything on our own. Below is a list detailing the resources required from the City of Santa Monica:
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1. Parking Staff’s time (1-4 hours / week): due the complexity of parking data, and the many ways it can be configured, Smarking will rely heavily on the City of Santa Monica to guide Smarking on how the data should be presented. The direction can be high level (i.e. which meters should be grouped into the “Downtown Zone?”) or nuanced (i.e. “should revenues displayed be gross or net of transaction fees?”)
2. Santa Monica IT staff’s time - OPTIONAL (2-10 hours / onsite implementation): in the event Smarking needs to integrate with a new system and that systems data is hosted at The City of Santa Monica, Smarking will require 2-10 hours of the Santa Monica IT team to help project manage the implementation. Once the integration is complete, Santa Monica IT resources are no longer necessary.
3. One “replicate” server: to facilitate SKIDATA integration, the City must provide a single server, physical or virtual. This replicate server has relevant parking data copied onto it from the host SKIDATA system. The Smarking program is installed on the replicate server and converts select files from the replicate server into a CSV file and uploads that CSV file to our AWS environment on a regular interval.
Training and On-Site Visits:
Smarking maintains a complete set of user training and education materials that are disseminated to clients in PDF and video formats. The user training and education materials consist of a User Guide with videos as well as a strategic use case library that can be used to apply the software to a variety of parking operations scenarios. Smarking client success managers regularly conduct web based training sessions with clients as new users are added to the system. For The City of Santa Monica, Smarking recommends four recurring in-person meetings, the meetings can be on the topic of the City’s choosing – training sessions, meetings with political entities, or executive review meetings. Web based new user trainings should be scheduled quarterly but can be scheduled “on-the-fly” in association with new groups of users being added to the system. Additional onsite visits can be scheduled as Smarking and The City of Santa Monica see fit, at a cost of $150/hour, and not including travel and expenses (T&E).
Risk Factors:
As with many projects of this type, the risk factors Smarking will work with The City of Santa Monica to manage against generally arise from four major areas:
1. The project team
2. Communication
3. Execution.
The Project Team:
While this project isn’t as complex as an Enterprise Resource Planning (ERP) deployment, its success is just as important to The City of Santa Monica and Smarking. The selection of the team and its members will be critical. Smarking has assigned our best and brightest members to this project and their biographies are included within this proposal.
On the City of Santa Monica side, we highly recommend a project leader who has managed a similartype project, or who has project management experience. Previous experience will be critical to collecting key input from stakeholders, gaining their support, and generally herding cats in the correct DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 22 Proprietary and Confidential
direction and timeframes. And while we don’t expect this project to require more than five hours from Santa Monica a week on average, the time invested will be critical to the success of the project.
We also recommend identifying an executive sponsor at both Smarking and The City of Santa Monica.
Finally, weekly or bi-weekly meetings will be required of the team. City of Santa Monica members should be able to adequately represent the project and any outside stakeholders. There should also be a monthly executive sponsor review for status updates, and roadblock escalation.
Identifying and deploying the right team members will be core to the success of the project and reducing the risks that will inevitably arise.
Communication:
Poor communication is the root of many project mishaps. If as a team, we can agree to the tenants below, we will be well on our way to managing against many risks.
With Smarking you should expect the following manner of communication from our team, - ALWAYS. • Open, honest, and direct – the project is too important, and time is tooprecious • Clear – there is no room for fuzzy consultant-speak, generalizations, orplatitudes • Bad news should travel faster than good news – we don’t hide our mistakes; we own upto them quickly so they can be resolved similarly
• Consistent and timely – similar to the above, updates should be provided timely, and should be documented in a regular and consistent fashion
• Say what you mean, and mean what you say – need we saymore? • And of course, professional and courteous – it’s no fun working with rude or careless partners And while Smarking can’t force our clients to follow our culture and tenants, we trust that we attract like-minded clients, and anticipate and encourage Santa Monica to communicate likewise.
Execution:
Similar to the fifth bullet above, doing what you say you are going to do is pretty important. And yet, how often do partners or vendors miss this mark? Unfortunately, far too often. Smarking has a culture of getting things done. We always try to keep the ball moving forward, and course correct if needed.
Execution is a simple idea, which is often not fulfilled. But doing what’s needed, at the right time will stave off many risks. Smarking understands this principle, and we guide all our projects with this in mind.
Just ask our clients.
Hosting Information:
All Smarking client data and Smarking products are hosted by Amazon Web Services (AWS). Specifically, the Smarking servers are in the US East region (Northern Virginia). Amazon does not disclose the exact location of its data centers for security purposes.
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Data Security Policies:
Smarking maintains a rigorous set of data security policies, which are detailed below. We also work with some of the most trusted providers in the data and technology space to maintain the highest quality security environment. Major partners include: Amazon Web Services, New Relic and Cloudflare. It’s also worth noting that the data Smarking collects is all anonymous transaction level data (entry time, exit time, payment amount, payment method, discount ID, etc.). Smarking does not have access to, or wants access to, sensitive personal information.
Access Controls:
There are several components to access control. Below are the major steps with details on how Smarking approaches each step:
1. Registration: A Smarking client success manager or user-admin with user management privileges can invite new users by logging into the system and inviting users via email, assigning them with access to the system on a site by site basis and assigning them various privileges. New users will receive an email inviting them to access a web page where they can set a password and login to the system.
2. Logon: The user navigates to the Smarking login page using SSL. The user logs in using his or her user ID and password. All passwords are encrypted using industry-standard bcrypt algorithm, initialized with a random salt and stored in PostgreSQL database. Every time a user logs intothe Smarking system, we apply bcrypt to the password and compare to the encrypted password in our database. Passwords are never stored in plain text.
3. Authentication: Unique user identification names and passwords are required to authenticate users to systems. Password parameters are enabled and enforced for applicable Company software applications. When user logs on, Smarking backend server generates an authentication token through a Json Web Token (JWT). Each request to our server needs to provide the header token, which is authenticated before any access of data and service is granted.
4. Session Management: Smarking uses Json Web Tokens (JWT) to manage authorization and authentication. Browser local storage is used to store authentication token, which are attached to the header of each request to enable reconnection. Reconnection is expired after a configurable amount of time.
5. User Credentials: All passwords are encrypted using the bcrypt algorithm, initialized with a random salt and stored in PostgreSQL database. Every time a user logs into the Smarking system, we apply bcrypt to the password and compare to the encrypted password in our database. Passwords are never stored in plain text.
Attack and Intrusion Prevention / Detection:
Smarking requires the use and activation of firewalls on employees work laptops (all MacOS). Smarking uses AWS and New Relic to monitor network flow and potential threats of attack. The Company’s network, data, and computers are routinely monitored for potential break-ins and security breaches.
Regular processes include:
1. Smarking Management maintains and reviews a central log of all securitymetrics
2. Smarking staff is required to use good judgment in publicizing security problems. Information will often only be disseminated on a need-to-know basis
3. All devices and servers run current anti-virussoftware DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 24 Proprietary and Confidential
4. Audit logs, access reports, and security incident tracking reports are to be reviewed monthly by relevant executives
5. Automatic reporting mechanisms are implemented to alert on abuse or malicious activity Smarking employees must immediately report to Smarking management any unauthorized disclosures or uses of confidential information, as well as other potential information security issues. In the event of a security breach that may affect The City of Santa Monica, Smarking will immediately notify the client of the breach and provide a description of theoccurrence.
System Deliverables and Documentation:
Accompanied with this response please find one copy of our User Manual and one copy of the System Network Diagram for the City of Santa Monica. Please let us know if you have any questions. Additional training material is located on the Smarking YouTube channel and within the Smarking blog (blog.smarking.net).
Reports and Analytics:
The Data Analytics System is web based data visualization and business intelligence tool that is infinitely customizable based on the client’s objectives and the underlying data that is available. Below are some screenshots taken that highlight high-level functionality and some common analyses that are run on our system. All reports are fully exportable into Excel, PDF or PNG image files.
Portfolio View: Real Time Occupancy: Divide parking locations into relevant groups. Add cards that display real time metrics for each facility, like real time occupancy, occupancy forecast, and leaderboard.
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Portfolio View - Key Statistics: Understand historical statistics across all locations benchmarked against
the same period that occurred 52 weeks ago, ensuring that Monday’s are compared against Monday’s:
Single Location Overview: Understand high level key statistics for a single parking facility:
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Occupancy Analysis: Explore relevant metrics related to occupancy analysis 14 Day Occupancy Forecast:
14 Day Entry Forecast:
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Average occupancy: can be configured for any time range, day of week, selection of days, or data breakdown metric:
Average Occupancy: Sorted Monday-Friday and broken down by Paid Transient Duration.
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Average Entry and Exit Analysis by Price Tier (entry) and Duration (exit):
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Year over Year Occupancy Analysis:
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Revenue Analysis: Explore relevant metrics related to Revenue Revenue can be broken down by any period of time, by any grouping of revenue, and any available data breakdown metric.
Revenue compared to last year:
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Predicted Revenue: 14-day Revenue Forecast
Number of Transactions:
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Revenue Per Transaction:
Duration: Length of stay broken down by various intervals, days of the week, hour of entry, period of time, and data breakdown metric.
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Online Rate Survey: Understand what price competing garages within a mile are charging on online reservation sites. Broken down by period of time, day of the week, hour of the day, and length of stay.
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Set Alerts regarding pricing changes:
Budget: Monthly Revenue compared to budgeted monthly revenue DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 35 Proprietary and Confidential
Comparison to Last Year:
Alerts: Receive a text message or email when occupancy rises above or falls below a certain occupancy threshold.
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Mobile optimized:
The Smarking software is optimized for mobile and tablet devices:
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THE CITY OF SANTA MONICA
Cost Proposal
Parking Data Analytics Services
Fee Proposal
The tables below detail recurring annual fees and one-time implementation fees. Because the Smarking system is already up and running in Santa Monica, implementation fees are waived.
Annual fees are set to increase by 3.5% each year, throughout the duration of the agreement.
Should The City of Santa Monica elect to pay for three years of software licenses in advance, material discounts are available and are also detailed below:
Santa Monica Parking Data Analytics System – Annual Software Fees Standard
Annual Fee
Proposed
Fee*
Business Intelligence and Data Analytics System
• Unlimited users
• SKIDATA integration maintenance
• IPS integration maintenance
• T2 integration maintenance
• Data hosting for Hitech and HUB/DataPark data
• API maintenance –up to 20 requests/minute or 25,000/month • Ongoing support and training
• Ongoing professionalservices
• Ongoing baseline product enhancements
• Four in person meetings / year, for the purpose of the City’s choosing (additional meetings can be scheduled at $150 / hour not including T&E)
$200,000 $180,000
Dynamic Mapping Application
• On street parking occupancies embedded on a Google Mapslayer • Off street parking occupancies embedded on a Google Mapslayer $50,000 $40,000
Total – Annual Fee $250,000 $220,000
Discount 12% ($30,000)
*Discount contingent upon contract execution prior to December 20th, 2018 and co-marketing support Payment due annually in full, net 30
Fees above do not include 3rd party vendor integration fees Three-year contract fees**:
Paid Annually Paid Upfront Savings
Year 1 $ 220,000 $ 220,000
Year 2 $ 227,700 $ 204,930 ($22,770)
Year 3 $ 235,670 $ 188,536 ($47,134)
Total $ 683,370 $ 613,466 ($69,904)
** No-risk upfront payment. Smarking will refund any full year(s) fees if Santa Monica decides to terminate.
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Implementation Fee
Standard
Fee
Proposed
Fee*
Business Intelligence and Data Analytics System
• SKIDATA integration
• IPS integration
• T2 integration
• HUB/DataPark integration
• Hitech integration
• Account Setup
• Smarking Configuration
• Data-integration/import and Q/A
• Training (one onsite / year, up to 5 web-based annually) • Additional integrations can be built for new systems at a cost of $5,000 / integration point (one time)
$40,000 waived
Dynamic Mapping Application
• Latitude and longitude mapping for on an off street assets • iFrame development so the map can be shared publicly
$10,000 waived
Total – One Time Implementation Fee $50,000 $0.00
Discount 100% ($50,000)
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Scope of Services
PROJECT SCOPE
Smarking shall perform the tasks as laid out in the Scope of Work in the City’s Request for Proposal #182. Smarking intends to honor the intent and goals as set forth in the RFP as well. Smarking, Inc. will meet any reasonable schedule as set forth by the City of Santa Monica.
The following components will be delivered to the City of Santa Monica in order to enable 21st century, data-driven management of its parking operations.
PARKING OPERATION – OVERVIEW:
The City of Santa Monica currently has forty-two parking facilities as well as over 5,800 on-street parking meters generating transaction level data across five unique parking technology systems. Smarking shall provide data management, business intelligence, and yield management services for the City’s on-street and off-street public parking assets via integrations with parking systems, including: parking access and revenue control systems (“PARCS”), pay-stations, and meters. These parking systems currently include:
1. On-Street Parking Meters – IPS Group, Inc.
2. Off-Street Parking Lots – T2 Digital Systems multi space pay stations
3. Off-Street Parking Structures and Garages – Sentry Control Systems/Skidata Group
4. Off-Street Parking Structures and Garages – DataPark / HUB Parking (Historical Data)
5. Off-Street Parking Lot Point of Sale System – Hi-Tech Point of Sale Systems Data Aggregation Services
1. Smarking will provide an online business intelligence application that aggregates the historical and real-time parking data from the City’s various parking systems, including PARCS, pay stations, and meters into a single, centralized online database, including but not limited to:
a. Parking transactions entrance and exit time information b. Parking durations (length of stay) Per Transaction
c. Parking revenues per transaction
d. Monthly (“contract”) permit parking transaction entrance and exit time information
e. Parking discounts redeemed (i.e. discounted parking validation) f. Parking equipment pay station activity in each parking facility DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 g. Parking occupancy, historical and real time information by facility h. Accounting for lost ticket transactions
i. Hourly Parking Occupancies by Location
j. Smarking shall maintain all of the historical data for as long as the City of Santa Monica requests
2. Smarking will ensure the data’s accuracy on an ongoing basis via regular integrity and system validation reports.
3. The business intelligence application system will provide real time parking data updates every ten minutes across the various parking access and revenue control systems that allow for real time system access.
Online Business Intelligence Application System Services
1. Smarking will deliver an online Business Intelligence Application that provides the City of Santa Monica with the following functionality:
a. Portfolio View: Real time and historical insights into each parking location under management
i. Parking locations must be able to be grouped into a variety of segmentations, i.e.:
1. Downtown parking meters
2. Parking meters on Wilshire Blvd.
3. Parking meters on the 400 block of Wilshire Blvd.
b. Individual Location View: The individual location view will allow the City of Santa Monica to analyze in detail a variety of metrics critical to parking management including Occupancy, Revenue, and Duration:
i. Occupancy Metrics
1. Real time occupancy analysis across a variety of parker segmentations
2. Historical occupancy over time across a variety of parker segmentations
3. Average occupancy over time across a variety of parker segmentations
a. Average occupancy by specific day of week
b. Average occupancy be weekday
c. Average occupancy by weekend
4. Entries over time across a variety of parker segmentation
5. Average entries over time across a variety of parker segmentation
a. Average entries by hour by specific day of week
b. Average entries by hour by weekday
c. Average entries by hour by weekend
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922
6. Exits over time across a variety of parker segmentation
7. Average exits over time for a variety of parker
segmentation
a. Average exits by hour by specific day of week
b. Average exits by hour by weekday
c. Average exits by hour by weekend
8. Year over year analysis for all of the above analyses, including across all parker segmentations specifically:
a. Occupancy over time
b. Average occupancy over time
c. Entries over time
d. Average entries over time
e. Exits over time
f. Average exits over time
ii. Revenue Metrics
1. Real time revenue analysis across a variety of parker segmentations
2. Historical revenue analysis across a variety of parker segmentations
3. Historical revenue analysis across a variety of parker segmentations
a. By day
b. By week
c. By month
d. By quarter
e. By fiscal year
4. Real time transaction analysis across a variety of parker segmentations
5. Historical transaction analysis across a variety of parker segmentations
a. By day
b. By week
c. By month
d. By quarter
e. By year
6. Historical revenue per ticket analysis across a variety of parker segmentations
a. By day
b. By week
c. By month
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 d. By quarter
e. By year
iii. Duration Analysis
1. Historical duration analysis across a variety of parker segmentations
a. Duration analysis for daily parkers
b. Duration analysis for contract parkers
c. Duration analysis across a variety of time frames
i. Duration analysis for the last month
ii. Duration analysis for year to date
iii. Duration analysis for the last year
d. Duration analysis by day of week
i. Duration analysis for weekdays within a
given time frame
ii. Duration analysis for weekends within a
given timeframe
iv. Oversell Analysis
1. Analysis into the cardholder behavior at each Santa
Monica’s off street gated facilities, enabling Santa Monica staff to optimize the allocation of monthly parking permits in its structures by deeply understanding the usage (and associated no-show) rates associated with various parker segmentations
v. Budget Analysis
1. Analysis into how each location is tracking against its monthly budget goal
a. Budget will be configurable at the user level by
location
b. Budgets will be trackable on the single location
view and in the daily email digest
c. Ancillary Smarking Business Intelligence Functionality i. Email Digest:
1. The system will allow for a configurable daily digest email summarizing eight key statistics for each location included on the digest
a. Yesterday’s peak occupancy
b. Yesterday’s revenue
c. Yesterday’s transaction
d. Month to date progess toward the budget goal
e. Year over year occupancy comparison
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 f. Year over year revenue comparison
g. Year over year transaction comparison
h. Year over year budget comparison
ii. The system will allow for configurable weekly digest email summarizing eight key statistics for each location included in the digest
1. The weeks peak occupancy
2. The weeks revenue
3. The weeks transactions
4. Month to date progress toward the budget goal
5. Year over year occupancy comparison
6. Year over year revenue comparison
7. Year over year transaction comparison
8. Year over year budget comparison
iii. User Management: City staff shall have the ability to add and delete user accounts. City administrators shall be able to allocate various privileges regarding locations each user has access to. iv. Export functionality: All reports within the Smarking dashboard shall be able to be exported into .CSV, .PDF, or .PNG files v. Configurability: The City of Santa Monica will be able to create new parker segmentations, form the Smarking back end by interacting with Smarking staff. These configurations should be delivered in a timely manner depending on complexity, and will occur at no additional cost:
1. The software configurations offered above will be data oriented in nature and do not include configurations to the actual software application.
2. Simple configurations should be completed inside of 48 hours, these include building new segmentations and
exporting custom reports that have already been
configured.
3. Complex configurations should be completed inside of one – two months, these include building new custom
reports from the backend and building new parker
segmentations that require modifications to the
underlying data integration.
d. Professional Services
i. In addition to the Business Intelligence Application, Smarking will make up to 80 hours of consulting available to the City of Santa Monica on an annual basis. The professional consulting DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 services available to the City of Santa Monica include but are not limited to:
1. Financial modeling – modeling impacts to revenues based on proposed rate or policy changes
2. Occupancy modeling – modeling impacts to occupancy
based on proposed rates or policy changes
3. Traffic modeling – modeling impacts to traffic and
congestion based on proposed rate or policy changes
4. On site user training and enablement
5. Meetings with interested stakeholders: this includes but not limited to, Downtown Santa Monica Business
associations, private owners, city council, and other
publicly appointed bodies.
ii. Regularity of Professional Services: The City of Santa Monica and Smarking team should be monthly but at least quarterly
DELIVERY TIMELINE AND ONGOING SUPPORT AND MAINTENANCE:
All of the above features and functionality will be delivered to the City of Santa Monica in three stages:
1. Within thirty (30) days of the Execution Date the initial version of the software application will be delivered to City Staff for review and analysis
2. Upon receiving the initial version of the software application from Smarking the City of Santa Monica shall provide Smarking with adjustments to the systems configuration concerning:
1. location grouping
2. parker segmentation
3. default parkers segmentation
4. email digest configurations
3. Within thirty (30) days of receiving any adjustments to the systems configuration from the City, Smarking will configure and fine tune the system per the City’s input
Following the successfully delivery of the Business Intelligence Application, Smarking will regularly maintain the system’s integrity through a series of automated integrity tests and data validation procedures. A specified Client Success Manager (CSM) will be available to the City of Santa Monica to answer questions, train new users, and troubleshoot issues as they arise.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 Exhibit D
Budget
Prices for Optional Services:
• Dynamic Mapping – the City shall provide Smarking a ninety-day notification of its desire to activate any of the Optional Services.
Year 1 Year 2 Year 3 Year 4 Year 5 Subtotal
Required: Parking Data Analytics System -Annual Fees 180,000 182,700 185,400 188,200 191,000 927,300 Business Intelligence and Data Analytics System
•Unlimited users
•Parking Access and Revenue Control Systems
integration Maintenance:
•SKIDATA Integration
•IPS Integration
•HUB/DataPark Integration
•Hitech Point of Sale Systems integration
•T2 Integration
•API Maintenance- up to 20 requests/minute or 25,000
per month
•SMARKING Configuration
•Data-Integration/Import and Q/A
•In-Person meeting and training
•Four (4) in person meetings and trainings per year
•Five (5) web based trainings per year
•80 hours of professional services support per year.
•Technical Support during normal working hours:
Monday-Friday 8:00AM to 5:00pm (Excluding Holidays)
•Ongoing baseline product enhancements
•Account Setup
•SMARKING Configuration
Dynamic Mapping Services – Optional Services 35,000 35,500 36,000 36,500 37,000 180,000 Dynamic Mapping Application
• On street parking occupancies embedded on a Google
Maps layer
• Off street parking occupancies embedded on a Google
Maps layer
Total 215,000 218,200 221,400 224,700 228,000 1,107,300 DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 • Additional Integrations for New Systems. Per integration point (One-time) $5,000/Integration Point
• Additional Meetings and Trainings above the four (4) per year (Not including travel)
$150/Hour
• Additional Professional Services above annual service level requirement $250/Hour
• Travel Expenses approved by the City prior to travel.
SMARKING will take all reasonable efforts to make advanced reservations to take full advantage of discount opportunities. SMARKING will use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven-day advance booking requirement is mandatory. When booking less than seven days in advance, City approval will be required.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 Exhibit E
Insurance Requirements and Verifications
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
5. Technology Professional Errors and Omissions/Cyber Liability: Insurance with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by SMARKING 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, invasion of privacy violations, information theft, release of private information, alteration of electronic information, extortion, and network security. The policy shall also provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. Further, the policy shall include, or be endorsed to include property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data or information “property” of the City of DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 Santa Monica in the care, custody, and control of SMARKING.
If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922 City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 7B03686F-C6B5-43C6-B16B-D234FDD81922