City of Simi Valley
Staff Report
September 28, 2026
To: City Council
From: Administrative Services Department
Carolyn Johnson, Administrative Services Director
Subject: Award a contract to PlanetBids, LLC for an eProcurement Solutions System Staff Recommendation
It is recommended that the City Council:
1. Award a software services agreement (Attachment A) to PlanetBids, LLC (PlanetBids) for an eProcurement Solutions System for a not-to-exceed amount of $388,290.24 and for a period of five (5) years, beginning October 6, 2026 through October 5, 2031, with an option to renew for one (1) additional five (5) year term; and
2. Authorize the City Manager or designee to negotiate and approve subsequent amendments to incorporate future budgeted funds and applicable taxes into the contract amount, provided sufficient funds have been appropriated or are otherwise available for that purpose, and to renew the agreement for one (1) additional five (5) year term.
Background
The City is modernizing its systems and processes agency-wide. One function currently in need of modernization is the City’s Purchasing procedures. Purchasing currently operates primarily utilizing manual processes and standard office software like Microsoft Word. These systems have been useful for reviewing competitive procurement specifications and posting the City’s bids and proposals. However, these processes remain largely manual, and tracking procurement activities can become increasingly challenging, especially during peak periods when the volume of reviewing and posting competitive processes becomes extremely high. Staff determined that an automated and modern procurement system has become necessary not just to modernize operations but also, to align with the City’s Excellent City Government Pillar of Excellence.
On March 17, 2025, a Request for Proposals (RFP) was issued to solicit for an eProcurement Systems, and on April 30, 2025, three (3) proposals were received, as provided below, including their five-year cost projection:
Agenda Item No.
Consent (6)
PROPOSER MATRIX
PROPOSERS Yr 1 2 3 4 5 5-YEAR
TOTAL
Cobblestone $193,834.79 $126,722.66 $130,524.34 $134,440.07 $138,473.27 $723,995.13 Euna
Solutions $56,300.00 $56,300.00 $56,300.00 $56,300.00 $56,300.00 $281,500.00 OpenGov $227,771.00 $227,771.00 $227,771.00 $227,771.00 $227,771.00 $1,138,855.00 Upon review, staff determined not to make an award under the RFP based on the City’s operational and budget needs. Since a new eProcurement system was still needed, the City continued evaluating available eProcurement solutions. In accordance with §2-
9.205(h)(2) and §2-9.205(m) of the City’s Purchasing Ordinance, staff then invited the lowest cost proposer, Euna Solutions, and two (2) other vendors, PlanetBids and SOVRA, for system demonstrations.
Staff participated in two separate demonstrations with each proposer, which included key stakeholders representing all departments throughout the City. At the conclusion of the second demonstration, the stakeholders evaluated and rated each vendor. The final scores were confirmed on December 19, 2025, as provided below:
RATER MATRIX
VENDOR 1 2 3 4 5 6 7 TOTAL
Euna Solutions 2.88 2.50 3.17 2.54 3.21 2.70 3.00 2.86
PlanetBids 3.54 3.83 2.79 2.88 3.21 4.00 N/A 3.38
SOVRA 3.00 3.46 3.08 2.50 3.45 2.92 N/A 3.07
Based on that evaluation, PlanetBids demonstrated the greatest breadth of functionality to streamline the City’s procurement process for both internal and external end-users.
Discussion
PlanetBids’ initial cost proposal was $80,000 for the first year, where the main module, Bids Management System and agency-wide licensing, had a price point of $50,000. This includes a five percent increase for each line item every year for the remaining four years.
After negotiations and review of the modules, PlanetBids was able to reduce the Bids Management System module to $35,000 for the first year (Attachment B).
Additionally, PlanetBids continued to honor the agency-wide licensing and included the Emergency Operations module, which typically costs $3,575 for the first year, free of charge. Staff then added the Prequalification Management modules for the California Uniform Public Construction Cost Accounting Act and the California Department of Industrial Relations guidelines, all of which are critical functions to the City’s Public Works 2 Department and were heavily considered by the evaluation team. Staff also incorporated the Insurance Certificate Management module on a 120-day pilot program, which the City can either terminate or retain, at the Risk Manager’s discretion.
In terms of functionality, PlanetBids is designed to centralize and automate key procurement activities such as solicitation and bid management, electronic bidding, and a library suite of bids and proposals for staff to search for projects that are of first impression. It also allows for collaboration among Purchasing staff, departments, evaluators, and other City users involved in the procurement process. For external endusers, the system provides a vendor portal allowing existing and prospective vendors to register and create their profile. Holistically, its functionality for public works, prequalification, vendor management, electronic bidding, bid documentation, and related procurement processes was determined to be particularly well aligned with the City's requirements.
The implementation of the system will take approximately six to ten weeks, with a target go-live date in January or February 2027. However, recognizing that unexpected issues may arise, Purchasing identified two alternative go-live dates in March and April 2027.
The not-to-exceed amount for PlanetBids is $388,290.24 for a period of five (5) years, beginning October 6, 2026, through October 5, 2031, with an option to renew one (1) additional five (5) year term. The Contract Management Module, ERP Data Transfer, and other optional services are not included in the not-to-exceed amount and may be acquired if and when a need is identified in accordance with the City’s procurement process.
Funding for the initial year of the Agreement is budgeted in the City’s Capital Improvement Program budget, CPB0018 (6569000-44010), Financial Information System Replacement project. This project’s scope of work includes the procurement and implementation of a purchasing and bid management system; therefore, sufficient funding is available to support the initial costs of the PlanetBids eProcurement Solutions System.
Funding for the ongoing annual license subscription beyond the initial budgeted year will be requested to the City Council for consideration as part of the annual budget process.
Staff is also requesting that the City Council authorize the City Manager or her designee to negotiate and approve subsequent amendments to incorporate future budgeted funds into the contract amount, provided sufficient funds have been appropriated or are otherwise available for that purpose, and to renew the agreement for one (1) additional five (5) year term.
Financial Impact
The not-to-exceed amount for a five-year agreement with PlanetBids is $388,290.24.
Funding for the first year of the PlanetBids eProcurement Solutions System is available within the City’s Capital Improvement Program budget under the Financial Information System Replacement Fund (Fund 656). Ongoing annual license subscription costs for years 2 through 5 will be requested for consideration as part of the City’s annual budget process.
3 City Council Priority
This item supports the City’s Excellent City Government Pillar of Excellence.
Suggested Motion
I move to:
1. Award a software services agreement to PlanetBids for an eProcurement Solutions System for a not-to-exceed amount of $388,290.24 and for an initial term of five (5) years, beginning October 6, 2026, through October 5, 2031, with an option to renew for one (1) additional five (5) year term; and
2. Authorize the City Manager or her designee to negotiate and approve subsequent amendments to incorporate future budgeted funds into the contract amount, provided sufficient funds have been appropriated or are otherwise available for that purpose, and to renew the agreement for one (1) additional five (5) year term.
Summary
The City is modernizing its systems and processes agency-wide. One function currently in need of modernization is the City’s Purchasing procedures. Staff determined that an automated and modern procurement system has become necessary not just to align with the times but also to meet a the City’s Excellent City Government Pillar of Excellence.
After two demonstrations, staff determined that PlanetBids is the best fit for the City based on its functionality and ability to meet the needs of the City’s stakeholders and end-users.
Staff, therefore, recommends that the City Council award the software services agreement with PlanetBids, with a not-to-exceed amount of $388,290.24, and to authorize the City Manager or her designee to approve subsequent amendments to incorporate future budgeted funds into the contract amount, provided sufficient funds have been appropriated or are otherwise available for that purpose, and to renew the agreement for one (1) additional five (5) year term.
Prepared by: Maria R. Mondala-Duncan, Senior Management Analyst Attachments
Attachment A – PlanetBids, LLC Services Agreement
Attachment B – PlanetBids, LLC (Cost Proposal)
4 Innovative eProcurement Solutions
13263 Ventura Blvd., Suite 101 • Studio City, CA 91604 • (818) 992–1771 PB System™
PLANETBIDS' SERVICES AGREEMENT
What is PlanetBids. PlanetBids provides a sustainable off-the-shelf modular suite of web-based eProcurement solutions to centralize, automate and manage the complete bidding process for goods and services. All of the solutions are interconnected, comprehensive and streamlined to help fulfill operational tasks in a timely manner, increase productivity and significantly reduce an organization’s overall spend.
Additional details and end User terms can be found at www.planetbids.com.
This SERVICES AGREEMENT (“Agreement”), which describes the terms and conditions applicable to use of the PlanetBids Online Support Services, is made and entered as of the Service Period defined below, by and between PLANETBIDS, LLC, a Delaware Limited Liability Company (“PlanetBids”) and the following customer (“Customer”) as described below:
Licensee Name: City of Simi Valley, CA
Street Address: 2929 Tapo Canyon Road
City, State ZIP: Simi Valley, CA 93063
Department: Administrative Services Department
Principal Contact: Maria R. Mondala-Duncan
Title: Senior Management Analyst
Phone & Email: 805.583.6887; [email protected]
Method of Payment: Net 30 Days
Effective Date: September 28, 2026
Initial Service Period: 10/06/2026-10/05/2031
ICM Pilot Program Period: 10/06/2026-02/03/2027*
*Insurance Certificate Management with My Insurance Only THEREFORE, PlanetBids and the Customer agree as follows:
PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Services to Customer, subject to the terms and conditions of this Agreement and as more specifically described in Exhibit “A”.
5 Attachment A
a. “Services” shall include one or more of the following PlanetBids PB System™ modules or features if, and only if, listed in Exhibit “A”. Customer shall not have access or use of any modules or features not listed in Exhibit “A”.
b. PlanetBids will market on behalf of Customer to drive Vendor engagement to participate in Customer’s projects/bids as outlined in Exhibit “A”.
Fees and Payments.
Fees. Customer agrees to pay PlanetBids set up and services fees as set forth in Exhibit “B” hereto, with a not-to-exceed amount of $388,290.24. a. Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services at the fees set forth in Exhibit “B”:
1. Customization work in addition to standard setup shall be contracted in the following manner and at PlanetBids’ current standard rates: (a) Customer shall submit a written request describing the proposed project; (b) PlanetBids conduct a feasibility and assessment of the project and the work required, (c) if the project is technically feasible, PlanetBids will submit to Customer a written estimate setting forth the price, estimated schedule and any conditions of the project. PlanetBids shall not proceed until approval is received in writing from Customer.
2. Training to Customer’s designated users, in addition to that provided pursuant to Exhibit A, Section 3, is available at rates set in Exhibit “B”.
3. Customer may, during the term of this Agreement, access and retrieve data in comma delimited format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer’s data from such backup files are available, if necessary, at rates set forth in Exhibit “B”. b. Purchase Orders/Billing. Purchase orders, billing or any related matters must be emailed to [email protected] or mailed to the following address:
PlanetBids, LLC
13263 Ventura Blvd., Suite 101
Studio City, CA 91604
Attn: Finance or other address, as specified by Company c. Payment Terms. Net 30, Please remit the full amount within 30 days upon the City’s receipt of the invoice.
d. Tax. All fees for the use of PlanetBids' digital services under this Agreement are exclusive of any sales, use, or similar tax now or hereafter imposed on PlanetBids' provision of the Services ("Service Use Taxes"). Where applicable law requires PlanetBids to collect Fee Taxes, PlanetBids will itemize them on Customer's invoice and Customer will pay them in addition to the fees otherwise due unless Customer provides a valid tax-exemption certificate prior to invoicing. If such tax exceeds the not-to-exceed amount, PlanetBids will provide notice to Customer so that Customer may seek approval for such taxes owed Any amount exceeding the not-to-exceed 6 amount is subject to applicable City approval. Where applicable law shifts the remittance obligation to Customer, Customer is responsible for accruing and remitting Fee Taxes directly to the applicable taxing authority.
e. Credit Cards: 3% credit card fee will be applied to all transactions made through a credit card.
f. Late Fees: If Customer is overdue on any payment and fails to pay within specified payment term, then PlanetBids may assess, and Customer agrees to pay a late fee of either 1.5% per month, or the maximum amount allowable by applicable law, whichever is less.
g. Insurance: PlanetBids will comply with the City’s Insurance Requirements set forth in Exhibit “C.” Any agreed cost for additional-insured coverage is included in the fees set forth in Exhibit “B.”
h. Non-Appropriation of Funds. Payments due and payable to PlanetBids for the current fiscal year are within the current budget and an available, unexhausted, and unencumbered appropriation of the City. The City’s payment obligations for subsequent fiscal years are contingent upon the City Council’s appropriation of sufficient funds for those services. If sufficient funds are not appropriated for a subsequent fiscal year, the City may terminate this Agreement without penalty or further payment obligation for services attributable to that fiscal year or any later fiscal year.
Discount Service Agreement Extension: The term of the Agreement will be for five (5) years beginning October 6, 2026, through October 5, 2031, with an option to renew one (1) additional five (5) year term. In the event the Agreement is extended:
a. Company will extend all software licenses in relation to the Services b. Company will maintain all Customer data in relation to the Services c. Company will extend all User codes per the terms and conditions of the Services d. Company will carry forward all vendor data into new Services term e. Company will invoice Customer and Customer agrees to pay invoice per the terms of this Agreement.
No Guarantee. PlanetBids does not guarantee use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction.
Permitted Use. Customer shall not use, or permit any employee, consultant or other third party to use, the Services or any content or information accessible through the Services with any other e-procurement product or service including, but not limited to, use of the PB System’s vendor and contractor database to distribute requests for bids through a third-party product or service.
Third Party Codes. If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, or any other third-party identification codes, it shall be the responsibility of Customer to obtain the necessary licenses and Customer indemnifies and holds harmless 7 PlanetBids from the unauthorized use or publication of any such identification codes with respect to the Services.
Data. For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer’s website on a daily basis. The standard duration of such data retained will be for a minimum of 7 years upon contract termination and determined by PlanetBids in its sole discretion thereafter. In the event PlanetBids finds it necessary to purge Customer’s data file prior to the standard 7 years, Customer’s data will be transmitted to Customer for Customer’s record keeping purposes.
Intellectual Property Rights. PlanetBids retains all right, title, and interest in and to any and all intellectual property, including but not limited to inventions, processes, software, designs, and materials, developed or owned by PlanetBids prior to or independently of this Agreement (“PlanetBids IP”). Nothing in this Agreement shall be construed as transferring any ownership rights in PlanetBids IP to the Customer. The Customer shall receive only a limited, nonexclusive, non-transferable license to use such PlanetBids IP solely for the purpose and duration of the services provided under this Agreement, unless otherwise agreed in writing by both parties.
Use of Artificial Intelligence. PlanetBids may incorporate artificial intelligence, machine learning, or similar automated technologies (“AI Tools”) within the Services to assist users in drafting, editing, summarizing, organizing, or analyzing content and information within the platform. AI Tools are intended solely to support user productivity and do not make decisions on behalf of the Customer. Any content generated or modified with the assistance of AI Tools must be reviewed and approved by the Customer prior to use. PlanetBids may update or enhance AI Tools from time to time as part of the Services, and all underlying AI technologies remain the property of PlanetBids or its licensors. PlanetBids may prohibit the use of AI Tools as it relates to confidential data but not to information considered public record. PlanetBids is committed to the responsible and transparent use of artificial intelligence. We regularly review our AI-related practices and safeguards to support compliance with applicable laws, regulations, and industry standards as they evolve.
Disclaimer. PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN
MADE AWARE IN ADVANCE OF SUCH POTENTIAL RISK, NOR ANY WARRANTY
REGARDING THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS HEREUNDER EXCEED $1,000,000.00. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO PLANETBIDS’ INDEMNIFCATION OBLIGATIONS,
BREACH OF ITS CONFIDENTIALITY, PRIVACY, DATA SECURITY, OR DATA
PROTECTION OBLIGATIONS, INFRINGEMENT OR MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS, OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
8 Indemnity. Each party will indemnify and defend and hold harmless the other party from and against all claims, liabilities, damages, and expenses, including reasonable attorney fees, to the extent arising from the negligent or wrongful acts or omissions, gross negligence, or willful misconduct of the indemnifying party or its officers, employees, agents, or subcontractors in the performance of this Agreement. In addition, PlanetBids will indemnify, defend, and hold harmless the City from and against third-party claims arising from PlanetBids’ breach of its confidentiality, privacy, or data security obligations under this Agreement or any claim that the Services infringe or misappropriate a third party’s intellectual property rights.
Termination. a) Termination for Cause. This Agreement may be terminated by either party by providing the non-terminating party with no less than forty-five (45) business days written notice (and reasonable opportunity to cure) upon the occurrence of any breach of any material term or condition of this Agreement or any representation or warranty herein. b) Termination Other Than for Cause. Customer may terminate this Agreement without cause by giving Company no less than sixty (60) days written notice before the effective date of such termination. In such case, the effective date of termination shall be the anniversary of the date for the current term of this Agreement that first occurs following the end of the foregoing notice period to each consecutive term year. Any payments made by Customer for actual or subsequent years are non-refundable unless terminated for cause.
Confidentiality and Non-Disclosure. To the extent authorized by law, each party to this Agreement agrees that it shall treat as confidential, information provided or that becomes known to it by the other party that is either marked “confidential” or reasonably known to be confidential. The parties will use confidential information (a) solely to fulfill its obligations under this Agreement; (b) protect confidential information using the same degree of care it uses to protect its own confidential information of a like nature; (c) but in no event less than a reasonable degree of care.
Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided in this Agreement or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to [email protected]. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered), whether or not received.
Assignment. Neither party shall assign this Agreement or any of its rights or obligations without the prior written consent of the other party, and any such attempted assignment will be void, provided PlanetBids may transfer this Agreement without consent of Customer in connection with the sale or transfer of all or substantially all of its equity or assets. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns.
No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the 9 provision, and the other provisions of the terms and conditions shall remain in full force and effect.
General. Each party to the Agreement agrees that any dispute arising under the Agreement shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgement. Notwithstanding anything herein, either party may seek injunctive relief and the enforcement of judgments in the County of Ventura. The prevailing party in any action to enforce or interpret Agreement shall be entitled to recover cost and expenses, including without limitation, attorney’s fees whether in arbitration, a court of first jurisdiction and any courts of appeal.
Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, pandemic, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids.
Authority to Sign. Customer represents and warrants (a) the Customer information provided is current, complete, and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate.
PlanetBids may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder.
AGREED effective as of the date first written above.
~ SIGNATURES ON NEXT PAGE ~
10 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
___________________________ By: _________________________________ Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: PlanetBids, LLC
___________________________ By: _________________________________ Algeria R. Ford, City Attorney David DiGiacomo, CEO
Approved as to Content:
___________________________ By: _________________________________ Samantha C. Argabrite, City Manager Kaleb Boudreaux, SVP, Finance ___________________________
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
___________________________
Carolyn Johnson
Administrative Services Director
11 EXHIBIT "A"
STATEMENT OF WORK
FOR SETUP, IMPLEMENTATION AND TRAINING
1. Customer System Configuration
Services available to Customer shall be utilized by the Administrative Services Department, City Attorney’s Office, City Manager’s Office, Environmental Services Department, Police Department, and the Public Works Department and shall include:
A. Access for an Unlimited full licensed user(s) of Customer to the following module(s) of the PlanetBids “PB System™”:
I. Vendor Management and Bid Management
II. Project Evaluation
III. Document Management
IV. Prequalification (Standard)
V. Prequalification (CUPCCA)
VI. Insurance Certificate Management w/ My Insurance*
VII.Advanced E-Bidding
VIII. Emergency Operations
IX. Single Sign On (SSO)
X. Requests
*Subject to the Pilot Program Period
B. Licensee shall have unlimited access licenses for the following module(s) of the PlanetBids System:
I. Read-Only
II. Q&A & Administrator Licenses
III. Quick Quote
C. Access and use of the PlanetBids “Outreach” database for no additional cost.
2. PB System™ Access Services
PlanetBids rate for maintaining the PB System™ vendor and bid management is based upon an unlimited number of monthly transactions (Bids) and the number of user licenses acquired by Customer. PB System™ Access Services include the following:
● System Administration – PlanetBids will be responsible for system and data backups, disaster recovery, system reliability, availability, privacy, and system security
12 ● Hosting Infrastructure – PlanetBids will be responsible for hosting Services, maintaining the network, hardware, and software infrastructure ● Customer Service – Is available Monday through Friday, excluding statutory holidays (see Help Desk definition below)
● Account Management – PlanetBids will provide a dedicated Account Manager for post-sales support, Services questions.
3. PB System™ Setup, Implementation and Online Training Online training will be provided as outlined below for only the PB Modules licensed and purchased by the Customer for the initial setup and configuration of the Service. PB Modules which were not purchased by Customer, training will be omitted. ● PlanetBids will initially install for Customer the specified number of licensed Services users and configure PB modules.
● PlanetBids will provide up to 3 months’ access, by request, to an online training sandbox for Customers to practice using the Service during the initial setup period. ● Vendor and Bid Management Modules: 2-hours and 45-minutes. ● Advanced eBidding for Public Works add-on Module: 15-minutes. ● PB System™ Project Evaluation Management Module: 45-minutes. ● Insurance Certificate Management with My Insurance module: 30-minutes. ● Contract Management Module: 45-minutes (optional if added by City) Includes training for DocuSign add-on to Contract Management. The DocuSign product or service is not included. Customer must purchase from DocuSign the required product or services access. ● Agency Contracts add-on Module to Contracts Management: 15-minutes. ● Contract Compliance add-on module to Contract Management Module: 15- minutes.
● Business Certification Module: 30-minutes.
● Emergency Operations Module: 20-minute online training session.
4. PB System™ setup, implementation and training consists of the following:
a. Initial program definition
The PlanetBids implementation manager will work with one (1) designated Customer project manager to develop a roadmap for system implementation. The implementation manager will define and present a project management schedule to the Customer project manager.
Customer will be required to submit information according with the project management schedule. Upon completion and review of the Services by Customer, online training will be scheduled and performed.
b. System implementation and administration
PlanetBids will enter and configure Customer requirements into Services for each licensed user access for Customer for only the Modules purchased by the Customer. The following implementation services will be provided:
a. Account Manager assigned to manage implementation process. 13 b. Press kit developed by PlanetBids Marketing team, including initial press release for publishing to attract Vendors to register for new system. c. URL configured for Customer's procurement web page for Vendor registration. d. Customer shall publish official press releases to attract Vendors to new URL.
PlanetBids will publish Customer press release to social media sites and other media outlets.
e. PlanetBids will create and send an initial email campaign to any existing Vendor lists Customer may have access to or has compiled. Data will be sent to PlanetBids in comma delimited format or excel.
f. Configuration of Customer’s purchased Modules.
g. Testing of Customer’s purchased Modules
h. Customer specific databases will be established.
i. Complete bid management from bid submission to awarding. j. Electronic bidding tools configured.
k. Daily backups.
l. Services users and vendor support for the duration of the Agreement. m. Shared Website to outline setup responsibilities
5. Training Videos
PlanetBids will provide training videos/tutorials for existing and prospective vendors on account set-up and solicitation submissions.
6. Professional Services
PlanetBids will provide consulting services for custom reports or Services customizations, specific to Customer, not covered by this Statement of Work at an additional charge.
Additional consulting services requested in writing by Customer will be billed at the rates set forth in Exhibit “B”. No work will begin on professional services before a mutually agreedupon statement of work is completed.
7. Help Desk
The PlanetBids Help Desk is available for support (as defined below) via our telephone number (818) 992-1771, from 8:00 am to 5:00 pm, Pacific Time, Monday through Friday, excluding statutory holidays. Online support, as well as on-line help services are also available at https://home.planetbids.com/support.
To ensure prompt assistance for licensed users of Customer's Services, PlanetBids requires the Customer to designate at least one, preferably two or three, Services Super Users. The Customer Super Users will be responsible to manage licensed user access, such as username and password, initiating or providing basic "Level 1" support to the licensed users of Customer's Services. While PlanetBids will offer Level 1 or Level 2 support, the designated Super Users will serve as the primary point of contact with PlanetBids.
To provide instant service to vendors and contractors, PlanetBids recommends Customer to initiate or provide basic “Level 1” support although PlanetBids will provide Level 1 or Level 2 support at any time:
14 ● Level 1 support representatives will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general “howto” questions (search functionality, bidding, etc.). Services related questions by Vendors/Contractors that cannot be answered or supported by Customer should be directed to a PlanetBids support representative. More complex, technical questions should be directed to a Level 2 PlanetBids support representative. ● Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e., PB System™ administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation may be required.
8. User License(s) Management
Customer is responsible for monitoring and maintaining Services licensed users and ensuring all usernames and passwords are always up-to-date. Usernames and passwords are for authorized individual use only.
15 EXHIBIT "B"
FEES AND PAYMENTS
a. Fees. The total not-to-exceed amount for the first five-year term will be $388,290.24.
Customer agrees to pay PlanetBids a total of $60,089.73 for the first year, which includes the prorated ICM Pilot Program fee. If Customer agrees to continue Insurance Certificate Management with My Insurance following the ICM Pilot Program Period, the first year subscription fee shall be $73,850.00. The fee(s) for Year 1 and each of the following years are payable in advance within 30 days upon the City’s receipt of the invoice:
1. Setup Fee. Customer agrees to pay a setup fee of $10,000 for the Services installation, configuration, and testing of the Services portal link to Customer’s website, plus administrator setup and one-time online user training for up to the number of user licenses and additional modules as outlined in this Agreement and Exhibit “A”.
2. Service Fee Payment. Customer agrees to pay for using the Services modules, a service fee of $60,089.73 for first year of this Agreement, inclusive of the ICM Pilot Program fee. Customer agrees to pay a prorated fee of $1,864.73 for the Insurance Certificate Management with My Insurance during the ICM Pilot Program period. If Customer opts to renew Insurance Contract Management with My Insurance following the Pilot Program Period, Customer shall provide written notice no less than thirty (30) days prior to the expiration thereof, and the module fee for the remainder of the first year shall then be prorated in the amount of $3,760.27, included in Table (A) below, and a separate invoice shall be issued to Customer, subject to the Payment Terms herein. Thereafter, Customer may opt to renew in alignment with the renewal provisions herein and if so, agrees to pay the regular fee, subject to standard escalation beginning in Year 2 for the remainder of the Initial Service Period and any subsequent Renewal Terms. A (5%) percent fee increase applies upon renewal each year. if Customer commits to an additional 5-year term following the Initial Service Period. Additionally, for the first three years of the Agreement, Customer shall be entitled to the following add-on pricing, subject to approval of additional funds to the Not-to-Exceed amount:
i. A fee of $7,500/year for Contract Management Module, exclusive of standard escalation for initial year, if Customer elects to add the Contract Management module.
ii. A fee of $2,500/year for the ERP data transfer tool with a setup fee of $5,000 for the Services installation, exclusive of standard escalation for the initial year, if Customer elects to add ERP data transfer tool and Customer's ERP authorizes integration.
3. Binding Term. Subject to the termination rights under the Non-Appropriation of Funds provision and the termination rights expressly provided in this Agreement, Customer acknowledges and agrees that this Agreement constitutes a binding full and complete term financial commitment for the Services provided by PlanetBids. 16 While Customer may remit payment on an annual basis, Customer’s payment obligation is for the full agreed term. This Agreement is non-cancelable and nonrefundable, except as otherwise provided herein. In the event of unauthorized early termination or non-payment, PlanetBids reserves the right to accelerate and declare the full remaining balance immediately due and payable. For clarity, a termination permitted under this Agreement, including a termination under the NonAppropriation of Funds provision, is not an unauthorized early termination and will not result in acceleration of fees attributable to any period following the effective date of termination.
Table (A)
b. Additional Services. If requested by Customer in writing, PlanetBids will provide any or all of the following additional services. The following rates are current as of the date of this Agreement but are subject to an increase of not more than 10% per year after the first year of this Agreement.
1. Training: $975.00, for a single online training session of up to 2 hours.
2. For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer’s website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel format and documents, at no cost. Additional Services related to the retrieval or restoration any of Customer’s data from such back-up files are available, if necessary, at PlanetBids current standard rates, which will vary depending on the level of services required, but not less than $250.00 per hour.
3. Customer to be added as a named “Additional Insured” is $250/year. 17 EXHIBIT "C"
City of Simi Valley Insurance Requirements
PlanetBids shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by PlanetBids, its agents, representatives, or employees. PlanetBids shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE AND LIMIT 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 & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
3. Cyber Insurance/Technology Professional Liability (Errors & Omissions), with limits not less than $3,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by PlanetBids in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 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 and/or information “property” of the Agency in the care, custody, or control of the Consultant.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Customer/City requires and shall be entitled to the broader coverage and/or the higher limits maintained by PlanetBids. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Customer/City.
The indemnity obligations in this Agreement are not in any way limited by the minimum insurance requirements contained in this Agreement. The minimum insurance requirements coverage and limits does not in any way represent or imply that the minimum insurance coverage required is sufficient to cover PlanetBids’ obligations under this Agreement. The defense and indemnity obligations contained in this Agreement shall survive the termination or completion of this Agreement and are independent of and not in any way limited by the insurance requirements of this Agreement.
18 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley, its boards, agents, officers, officials, and employees must be covered as additional insureds for an additional cost on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of PlanetBids including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to PlanetBids’ insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable.
Primary Coverage
For any claims related to this contract, PlanetBids’ insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as respects the City of Simi Valley, its boards, agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Simi Valley, its boards, agents, officers, officials, employees, or volunteers shall be excess of the PlanetBids’ insurance, including any excess policies, and shall not contribute with it.
Umbrella or Excess Policy
PlanetBids may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Customer/City.
Waiver of Subrogation
PlanetBids hereby grants to Customer/City a waiver of any right to subrogation which any insurer of PlanetBids may acquire against the Customer/City by virtue of the payment of any loss under such insurance. PlanetBids agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the Customer/City, but this provision applies regardless of whether or not an endorsement has been issued.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Customer/City. The Customer/City may require PlanetBids to purchase coverage with a lower retention or provide proof of ability to pay losses and related 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 Customer/City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the Customer/City.
Verification of Coverage
PlanetBids shall furnish the Customer/City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the Customer/City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive PlanetBids’ obligation to provide them. The Customer/City reserves the right 19 to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
PlanetBids shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and PlanetBids shall ensure that Customer/City is an additional insured on insurance required from subcontractors.
20 PlanetBids, LLC Cost Proposals (Initial vs. Current) 5-Year Projection
INITIAL PROPOSAL
YEAR 1 FEE YEAR 2 FEE YEAR 3 FEE YEAR 4 FEE YEAR 5 FEE
2026-2027 2027-2028 2028-2029 2029-2030 2030-2031
VM & BM - Agency Wide Full Users 1 $50,000.00 $52,500.00 $55,125.00 $57,881.25 $60,775.31 $276,281.56 Documents 1 $6,000.00 $6,300.00 $6,615.00 $6,945.75 $7,293.04 $33,153.79 Contract Management 1 $7,500.00 $7,875.00 $8,268.75 $8,682.19 $9,116.30 $41,442.23 Singe Sign-On (SSO) 1 $6,500.00 $6,825.00 $7,166.25 $7,524.56 $7,900.79 $35,916.60 Setup Fee 1 $10,000.00 $10,000.00
TOTAL (per year) $80,000.00 $73,500.00 $77,175.00 $81,033.75 $85,085.44 $396,794.19
CURRENT PROPOSAL
YEAR 1 FEE YEAR 2 FEE YEAR 3 FEE YEAR 4 FEE YEAR 5 FEE
2026-2027 2027-2028 2028-2029 2029-2030 2030-2031
VM & BM - Agency Wide Full Users 1 $35,000.00 $36,750.00 $38,587.50 $40,516.88 $42,542.72 $193,397.09 Agency Wide Read-Only License 1 - - - - - -
Project Evaluation Management 1 - - - - - -
Insurance Certificate w/ My
Insurance - 120 Pilot
1 $1,864.73 - - - - $1,864.73
Insurance Certificate w/ My
Insurance - Post Pilot Option
1 $3,760.27 $5,906.25 $6,201.56 $6,511.64 $6,837.22 $29,216.95 Prequalification Management
(CUPCCAA)
1 $3,975.00 $4,173.75 $4,382.44 $4,601.56 $4,831.64 $21,964.38 Prequalification Management
(Standard)
1 $6,500.00 $6,825.00 $7,166.25 $7,524.56 $7,900.79 $35,916.60 Advanced e-Bidding 1 - - - - - -
Singe Sign-On (SSO) 1 $6,500.00 $6,825.00 $7,166.25 $7,524.56 $7,900.79 $35,916.60 Documents 1 $6,000.00 $6,300.00 $6,615.00 $6,945.75 $7,293.04 $33,153.79 Emergency Operations 1 - - - - - -
Quick Quote License - Unlimited 1 - - - - - -
Q&A License - Unlimited 1 - - - - - -
Additional Insured Payment 1 $250.00 $262.50 $275.63 $289.41 $303.88 $1,381.41 Setup Fee 1 $10,000.00 $10,000.00
Sub-Total, Software Fees $73,850.00 $67,042.50 $70,394.63 $73,914.36 $77,610.07 $362,811.56
7.25% Tax 1 $4,611.00 $4,841.55 $5,083.63 $5,337.81 $5,604.70 $25,478.69 TOTAL (per year) $78,461.00 $71,884.05 $75,478.25 $79,252.17 $83,214.77 $388,290.24 PB SYSTEMS™ MODULES QUANTITY 5-YEAR TOTAL
PB SYSTEMS™ MODULES QUANTITY 5-YEAR TOTAL
21 Attachment B