City of Marina Request for Proposal for

Transcription

1 Request for Proposal for. Finance, Payroll, and Human Resource System And Implementation Services September 26, 2014 Proposals are due October 23, 2014

2 TABLE OF CONTENTS 1. RFP Overview Purpose of RFP RFP Timeline RFP Coordinator Proposal Preparation Costs RFP Amendment and Cancellation Questions Pertaining to the RFP Intent to Propose Proposal Submittal Public Records Law Project Objectives City Background Current Environment Technology Standards Finance System Use and Processes Key Business and Operational Volumes New System Requirements General System Capabilities General Ledger (GL) Budget Accounts Receivable Cash Receipting Bank Reconciliation Purchasing Accounts Payable Human Resources Time & Attendance Payroll Project and Grant Management Fixed Assets Business Licenses Document Imaging Reporting System Audit and Security Workflow Technical Requirements Proposal Submission Requirements General Instructions Proposal Format Cover Letter Table of Contents Section 1 - Executive Summary Section 2 Company Background Section 3 Company Qualifications Section 4 - References P age

3 6.2.7 Section 5 - Proposed Solution Section 6 - Implementation Approach and Work Plan Section 7 Other Requirements Section 8 - Pricing Proposal Evaluation General Requirements Collusion Gratuities Required Review and Waiver of Objections by Proposers Nondiscrimination Proposal Withdrawal Proposal Errors Incorrect Proposal Information Prohibition of Proposer Terms and Conditions Assignment and Subcontracting Right to Refuse Personnel Proposal of Additional Services Licensure Conflict of Interest and Proposal Restrictions Contract Negotiations Execution of Contact Right of Rejection Disclosure of Proposal Contents Proprietary Information Severability RFP and Proposal Incorporated into Final Contract Proposal Amendment Consultant Participation Warranty Rights of the City...38 Appendix A City Professional Services Agreement P age

4 1. RFP Overview 1.1 Purpose of RFP The (City) is seeking to improve the efficiency and transparency of its business processes to improve service delivery and internal operations. To that end, the City is looking for innovative technology partners that bring a robust product offering based on industry best practices and share the City s vision for continuous improvement and a highly engaged and well trained workforce. Unlike typical small cities and organizations, Marina strategically plans to maximize its use of this new technology, improve its workplace and workforce, and be an example of such achievable success. The objective of this Request for Proposal (RFP) is to identify, select and implement a proven public sector finance, payroll, and human resource (HR) system to replace the City s existing ForFUND system. The City seeks a qualified firm (Proposer) with the experience, expertise, and qualifications to provide a fully integrated, proven, state-of-the-art solution (New System). At a minimum, the proposed New System should consist of the following integrated modules: Financial Management: o General Ledger o Budget Preparation and Management o Financial Reporting/Business Analytics o Requisitions/Purchasing o Accounts Payable o Accounts Receivable o Cashiering o Online cash receipts o Bank Reconciliation o Project and Grant Accounting o Fixed Assets o Business Licenses o Ability to integrate Cash Receipting with other systems Payroll: o Support a full in-house payroll function o Electronic time card entry o Electronic payment (ACH, etc.) o CalPERS retirement reporting o Labor distribution Human Resources o Benefits Administration o Employee Portal/Self-Service o Position Control 3 P age

5 In addition to the software modules identified above, the City is seeking a Proposer to provide professional services that will ensure a successful implementation. The professional services should include the following: Software installation and configuration Implementation consulting Training Data Conversion (minimal) Documentation Project Management Software maintenance and support The City may have an interest in additional modules such as: Contract management Vendor portal Treasury/cash flow management Employee performance management Proposers are encouraged to describe additional offerings that can assist the City to achieve its vision of a fully integrated paperless system utilizing electronic workflow approvals with business rules built in to automate as many processes as possible. To this end, proposals should clearly describe optional offerings and the pricing associated with the optional offerings. The City also wants Proposers to present alternative cloud-based service and support models such as Software-as-a-Service, Hosted, Managed Service, etc. Proposers are encouraged to offer alternatives to the traditional license purchase approach. If alternatives are offered, the Proposer should clearly identify what is being offered and the pricing, to allow the City to fully evaluate the offering as compared to the traditional licensing approach. The City is prepared to make the resources available to allow for an October 1, 2015 go live schedule of the core financials. The City is open to subsequent phases to implement additional modules or features/functions. The City is looking for proposers to craft an approach that meets the City s objective. Proposers should keep in mind that the City will be starting with a clean slate. There will be minimal data conversion. If Proposers are not able to meet this timeline, they are encouraged to propose an alternative timeline for the City to consider. It should be noted that while this RFP is for an integrated financial management system, the City plans to install the payroll and human resource modules at a later date. While not part of this RFP, the City is beginning to look at new Permitting software to issue permits for Community Development and Public Works activities, as well as Customer Relations Management software to track resident complaints and requests for service. As such, if the Proposers have such software and are interested in proposing that software the City is amenable to receiving pricing and having demonstrations. The implementation of software for Community Development and Public Works is not part of this RFP and should not interfere with the financial management system. The City wants to pursue the development of a city-wide ERP system. 4 P age

6 1.2 RFP Timeline To meet the City s desired implementation date, the City is committed to the RFP process and schedule outlined here. The selection process outlined in this RFP will allow the City to select a Proposer by December 16, Table 1, RFP Schedule of Events, identifies the RFP schedule that will be followed. Table 1 RFP Schedule of Events RFP EVENT DATE/TIME City Issues RFP September 26, 2014 Intent to Propose Form October 3, 2014 Deadline for Proposer Questions October 13, 2014 Deadline for Proposal Submission October 23, 2014 City Evaluates Proposals November 7, 2014 Finalist(s) Provide Proof-of-Capabilities Demonstrations November 21, 2014 Contract Negotiations December 5, 2014 Award of Proposal & Contract Execution December 16, 2014 Project Start Date January 12, 2015 Go Live with core financials October 1, 2015 Go Live with Payroll and HR October 1, 2016 Proposers should be aware that finalist(s) will be required to perform a full day proof-of-capabilities (POC) demonstration to allow staff to fully understand the proposed solution. The POC is not intended to be a generic demonstration of the application, but rather a demonstration of specific product functionality deemed most critical to the City using scenarios provided by the City. Proposers must be prepared to invest the time and resources in the POC to be successful in this procurement. The City reserves the right, at its sole discretion, to adjust this schedule as it deems necessary. Notification of any adjustment to the RFP Schedule of Events will be provided to all Proposers who comply with Section 1.7 (Intent to Propose). 1.3 RFP Coordinator All communications concerning this RFP must be submitted in to the RFP Coordinator identified below. The RFP Coordinator will be the sole point of contact for this RFP. Mr. Roberto Moreno, President, Government Financial Solutions, Inc. [email protected] Telephone (831) Proposer contact with anyone else in the City is expressly forbidden and may result in disqualification of the Proposer s bid. 1.4 Proposal Preparation Costs The City will not pay any costs associated with the preparation, submittal, or presentation of any proposal. 5 P age

7 1.5 RFP Amendment and Cancellation The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue the RFP at its sole discretion. If an amendment is issued, it will be provided to all Proposers complying with Section 1.7 (Intent to Propose). Proposers will respond to the final written RFP and any exhibits, attachments, and amendments. 1.6 Questions Pertaining to the RFP Specific questions concerning the RFP should be submitted via to the RFP Coordinator (See Section 1.3) before the date identified in Section 1.2 (RFP Timeline). Proposer questions should clearly identify the relevant section of the RFP and page number(s) related to the question being asked. Copies of all questions and the City s responses will be ed to all Proposers complying with Section 1.7 (Intent to Propose). 1.7 Intent to Propose Each Proposer who plans to submit a proposal should register by with the RFP Coordinator (Section 1.3) by the date identified in Section 1.2 (RFP Timeline). The should indicate the Proposer's intent to respond to this RFP. The should include: Proposer name Name and title of Proposer main contact Address, telephone and facsimile number, and address Submittal of the Intent to Propose is necessary to ensure receipt of RFP amendments, responses to vendor questions, and other communications regarding the RFP. The Intent to Propose is not intended to bind Proposers to submitting a proposal. 1.8 Proposal Submittal Proposals will be submitted no later than the Deadline for Proposal Submission as identified in Section 1.2 (RFP Timeline). Proposers assume the risk of the method of delivery chosen. The City assumes no responsibility for delays caused by any delivery service. A Proposer's failure to submit a proposal as required before the deadline may cause the proposal to be disqualified. Proposers must submit in a sealed package one (1) original, signed Master, four (4) copies, and one (1) electronic copy (a single.pdf file is strongly encouraged). The package should be clearly labeled as follows: Lauren Lai, Finance Director, Proposal for Finance, Payroll, and HR System and Implementation Services Name of Proposer Proposer s Address Proposer s Contact Person Proposer s Telephone Number 6 P age

8 The proposal package should be mailed, couriered, or hand delivered to the following address: Finance Department 211 Hillcrest Ave Marina, CA All proposals must be received by the City by 5:00 p.m. on the Deadline for Proposal Submission date as indicated in Section 1.2. Proposals received after this time and date will be returned unopened. Postmarks will not be accepted as proof of receipt. 1.9 Public Records Law Pursuant California Government Code Section 6250, public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. All submitted proposals are subject to this code section. 7 P age

9 2. Project Objectives The need to replace the existing finance, payroll, and HR system has been identified as a high priority for the City and is driven by the following factors: Current system does not provide online access to users outside of Finance Current system requires a lot of paper transactions which is very inefficient Current system does not allow City of make use of newer technologies City uses disparate systems requiring duplicate data entry to accomplish business processes With this RFP, the City seeks to replace its existing 1) ForFUND financial software; 2) ADP PC Payroll software; 3) ADP EZlabor Manager software; 4) BizWare Business License software; and 5) Yardi Property management software, with a proven, integrated, commercial-off-the-shelf (COTS) system. Implementing the new system should meet the following high-level objectives: Provide an integrated and comprehensive solution to manage the City s business functions Eliminate the reliance and need for Excel worksheets to support financial activities Provide enhanced, user-friendly reporting capabilities to improve decision making Provide online payment options for the public Streamline business processes through automation, integration, and workflows Promote implementation of best practice processes Provide user friendly and intuitive user interface Provide enhanced features and functionality Provide data integrity In selecting a vendor the City is looking for the following: Solution that supports continual innovation to implement best business practices Long-term vendor commitment to product evolution to remain aligned with industry best practices Enhanced features and functionality to support automation and operational efficiencies (i.e. workflow, self-service, document imaging, banking integration, etc.) Improved reporting and staff access to finance, payroll, and HR information. Cost effective annual ongoing maintenance and support costs 8 P age

10 3. City Background Incorporated in 1975, the City serves approximately 20,000 residents. The City has a Council-Manager form of government with five Councilmembers elected at large to staggered four-year terms and rotating Mayoral seat. The City Council appoints the City Manager and the City Attorney. Department heads are appointed by the City Manager. The City has a General Fund budget of $18 million and a total budget of $31 million. It has 87 full-time employees and 17 part-time employees. More information about the City is available at The City s departments include City Manager s Office, Community Development which includes Public Works, Recreation and Cultural Services, Police, Fire and Finance. Utility services are provided by private utilities. The Finance Department consists of the Finance Director, a part-time Financial Consultant and three Accounting Technicians (payroll, accounts receivable/cashiering, and accounts payable). The Finance Department performs the following functions: Fiscal management and strategic planning Financial reporting to City Council and other departments as needed Preparation of the City budget and annual audited financial statements Compliance and regulatory reporting Completion and passage of annual fiscal audits Banking, investment and debt management Provide the following services: General Ledger Accounting Accounts Payable Accounts Receivable Cashiering Fixed Asset Accounting Business License Payroll and Benefits Project and grant accounting/reporting Unlike typical small cities and organizations, Marina strategically plans to maximize its use of this new technology, improve its workplace and workforce, and be an example of such achievable success. 9 P age

11 4. Current Environment 4.1 Technology Standards The following table, Table 2 Current Technology Standards, identifies current technology standards for the City. This information is provided as background information. While the City wants to maximize the use of its current Information Technology (IT) infrastructure, it is also looking to implement best practices regarding IT. Proposers are required to specify requirements for their software to be installed on the City s network and for a cloud-based solution. Database Technology Table 2 Current Technology Standards N/A Current Standard Server OS Windows 2008/2012 Desktop OS Server Hardware Desktop Hardware Laptop/Mobile Hardware Windows 7 Pro Office Productivity Office 2007 (soon to be Office 2013) Browser HP HP HP IE, Firefox, Chrome Server/Client Exchange Server 2003 Outlook 2007 (soon to be Microsoft Office 365 Exchange, Outlook 2013 Virtual Environment VMware 5.1 Storage Area Network (SAN) N/A Active Directory Active Directory/LDAP 4.2 Finance System Use and Processes This section provides a high-level overview of how the Finance Department uses the current ForFUND system, as well as information about manual processes performed outside of ForFUND. For a more detailed discussion refer to the Financial Systems Needs Assessment & Business Process Review prepared by Government Financial Solutions, Inc. The Needs Assessment is provided as background information to the RFP. The City relies on Mirasoft s ForFUND software to provide the following finance functions. General Ledger Purchase Orders Accounts Payable Business Licenses are processed using BizWare software. Payroll is processed using ADP PC payroll. Time card entry is managed using ADP ezlabor Manager. 10 P age

12 IRS Form 1099s are prepared using TFT Tax Preparation Software. The following bullets provide additional information regarding core financial functions performed by the Finance Department. Staff relies heavily on Microsoft Excel to support many finance, payroll, and HR functions. In the future, the City s desire is to minimize the use of offline worksheets. Staff manually enters all journal entries other than accounts payable into ForFUND since there is no integration with other systems. Staff uses Excel spreadsheets to forecast revenues and expenditures and to develop the budget. Once the budget is adopted by the City Council, it is manually entered into ForFUND. The City has a centralized cashier that takes payments for business licenses and fee transactions. Handwritten receipts are issued and payments are entered into ForFUND. Payments received at the City s recreation programs, senior center, and Public Works permitting are delivered to Finance daily where they become part of the City s daily deposit. The City has no Accounts Receivable software. Yardi Property Management software is used to invoice for property rentals. Accounts Payable processes payments once per week and only rarely processes emergency checks. The current processes for review and approval of payment register is a manual process using hardcopy documents. Staff manually reconciles revenue posted in ForFUND with bank transactions. The creation of the City s CIP, cash flow analysis, and treasurer reports are done in Excel. Other processes currently handled in Excel include: asset management, grant management and CIP project expenditure tracking. The City s payroll is run biweekly using ADP PC Payroll. Time entry is done online using ADP ezlabor Manger. ADP processes only paychecks and payroll taxes. All other deductions and benefits are handled manually using Excel worksheets. All CalPERS reporting is done manually on Excel as well as Labor Distribution. The Human Resources staff maintains basic employee information in ADP PC Payroll. The City currently does not use an applicant tracking or recruitment and hiring system. This activity is supported using desktop tools (i.e. Excel, Word, Outlook, etc.) and hardcopy records. The City's performance review administration is a manual process supported by hard copy files. The City does not have an automated process to manage personnel action (PA) forms. Licensing and certifications are tracked manually by the departments. The City does not have a document management system. Each department scans records it deems important into PDF documents. Business Licenses are processed using BizWare software. There are approximately 1,100 business licenses that are renewed on an annual basis in July. The building and planning departments receive deposits from building and entitlement permit applicants that are used to pay for various building plan review services by vendors. Unused deposits are refunded to the applicant or additional deposits needed are billed to the 11 P age

13 applicant. The deposit is initially recorded as a liability. When spent, it is reclassified as a revenue and expense. Deposits are tracked by projects manually. The City uses: o o o o Rabobank for banking ICMA and Nationwide for deferred compensation CalPERS for health insurance and pension Other companies for dental and vision insurance The City seeks a system that will automate as many processes as possible and help align the Finance department work processes with best practices related to system use. The City understands that many existing processes and procedures may need to change to align with the best practice methods incorporated into the Proposer s solution. 4.3 Key Business and Operational Volumes The following table, Table 3 Key Business and Operational Volumes - provides proposers with key information that will help promote an understanding of the current environment. Please note that active users are users that process transactions on a daily basis. Casual users are users that occasionally look up information and process requisitions infrequently. Table 3 Key Business and Operational Volumes (annual) Category Count Number of Users Active 5 Number of Users Casual 25 Number of GL Accounts 1,600 Number of Funds 28 Vendor Master File-total 800 Purchase Orders (per year) 110 Invoices (per year) 9, s 80 AP Checks 3,500 AR Customers (airport, etc.) 50 Transient Occupancy Tax (TPT) Operators 13 TOT Cash Receipts 150 Active Business Licenses 1,100 Receipts issued annually 4,880 Parking Citations Issued 1,000 Dog Licenses Issued 770 Employees Full Time 87 Employees Part Time 17 Payroll cycle Biweekly Pay Types ACH and Cks 12 P age

14 5. New System Requirements The City seeks a proven, fully integrated public sector finance, payroll, and human resource system. It is seeking to modify existing business processes to accommodate best practices, and will be looking to select a system that drives the implementation of best practices. More specifically, the new system should provide the following capabilities: Online integrated payment functionality for the public Paperless processing of purchasing and accounts payable Fully integrated system where data is entered only once Transactions processed in real-time and immediately available for inquiry and reporting Robust security features Robust workflow capabilities across all appropriate modules Reporting that is user friendly, allowing staff to create reports with minimal training Robust audit and transaction logging capabilities The remainder of this section identifies selected key features, functions, and capabilities the City is seeking from a new system. Proposers must respond to each section explaining how the proposed system meets the needs of the City, as well as identifying any features and functions that can further improve City processes. To aid in the evaluation of the proposals, vendors are required to rate how their proposed solution meets the needs of the City using the following rating criteria: Rating Definition 4 Standard and available in the current release. Software supports this requirement. No customization is required. 3 Meets requirement with minor configuration or modification. Configuration maintains application on upgrade path. Testing and production of modifications will be completed by implementation date. Include an estimate for the cost of the modification. 2 Available with 3 rd party software application. Indicate name of the application recommended and number of installs jointly completed. 1 Does not meet requirement and requires substantial system modification. Indicate timing required and estimated cost of modification. 0 Not available. Software does not meet the requirement. F Future Release. Requirement will be available in the next release. Indicate anticipated release month and year. 13 P age

15 5.1 General System Capabilities The City seeks a new system that provides the following general system characteristics in terms of its user interface: 5.1 General System Capabilities These requirements apply to all modules. List any exceptions in comment column. 1. An intuitive, consistent (within and across modules), well designed user interface 2. One-time/single-points of data entry to eliminate re-keying of information 3. Robust search capabilities on as many fields as possible 4. Comprehensive online documentation and training materials 5. Ability to drill-down and drill-across from a transaction to the supporting source documents 6. Ability to easily export information directly to Excel or Adobe 7. User-defined tables, fields, screens, reports, hot keys, and business rules/workflows 8. Ability to modify setup/configuration (i.e. setup codes, report parameters, etc.) without the assistance of the proposer 9. Strong internal controls and system securities for e-commerce 5.2 General Ledger (GL) Numeric Ranking Comments The new system should be capable of managing all of the City s revenues and expenditures. The new system should provide robust, easy to use reporting capabilities to support budget and expense reporting and financial analysis. The General Ledger module should provide the following features: 5.2 General Ledger 1. Fully integrated with all other modules 2. Flexible Chart of Accounts supporting funds, departments, programs, projects, grants, etc. 3. Numerous workflow and approval options for journal posting 4. Allow all users access to the GL information based on security roles. 5. Allow users to enter GL transactions based on security roles. 6. Minimize the number of manual entries due to integration with other modules 7. Provide recurring journal entries. 8. Provide automated journal entry reversals. Numeric Ranking Comments 14 P age

16 5.2 General Ledger 9. Provide for journal entry import functionality from Excel or comma delimitated files 10. Provide journal entry templates for efficient data entry 11. Year-end Financial statement preparation 12. Have full drill-down capability From a department summary, into the line item summary, into the line item activity, into the specific transaction and ultimately view the source documents as a PDF (i.e., invoice or other supporting documentation. 13. Provide easy export of data to Excel without the need to clean up the data 14. Provide business analytics for quick analysis on any data tracked in the system 15. Provide dashboards for quick view of financial data without needing to go into the GL 16. Access to GL inquiry from a mobile device Numeric Ranking Comments 5.3 Budget The new system should include a fully integrated budget module that allows for the following: Numeric 5.3 Budget Ranking Comments 1. Decentralized data entry and import from external files 2. Excel integration 3. Multi-level approvals 4. Projection modeling, including payroll projections 5. Options for seeding budgets with historical data (e.g., last year s actuals) or developing zero-based budgets 6. Allow multiple budget versions to track the evolution of the budget, from initial, to proposed, to adopted and finally to the amended or final budget 7. Allow individual department budgets to be promoted to the next stage, without waiting for other departments to complete their budgets 8. Integrates Payroll Module with the Budget Module for salary projections 9. Use built in what-if scenario functionality to model the effect on the financial situation from a combination of both internal and external events such as labor negotiations, tax rate changes, changes in the rate of inflation. 10. Use of integrated reporting and analysis tools 11. Track and report all budget adjustments The Budget module should provide robust reporting that includes: 12. Extensive use of Budget vs. prior year actuals on-screen and hard-copy reporting, with soft copy reporting that facilitates trend analysis 15 P age

17 5.3 Budget Numeric Ranking Comments 13. On-screen and reporting drill-down & drill-across 14. Outputs that are exportable to various file output formats (particularly Excel) 15. Multi Year reporting with at least 3 but preferably 5 years 5.4 Accounts Receivable The City seeks to implement an Accounts Receivable (A/R) module that supports the preparation and tracking of miscellaneous invoices and monthly recurring invoices and statements. The A/R module should: Numeric 5.4 Accounts Receivable Ranking Comments 1. Allow departments to enter invoices for billing similar to Requisitions. Subject to workflow rules finance will review and send out official invoices and track outstanding balances. 2. Provide templates for various types of A/R invoices (i.e., animal licenses, property damages, etc.) 3. Provide departments with view only access to the A/R customers and balances. 4. Subject to workflow rules automatically post to the GL and to Accounts Receivable. 5. Update the A/R Customer account outstanding balance with payments recorded in the Cash Receipts module automatically 6. Track unapplied credit balances 7. Provide for electronic mailing of PDF statements to customers 8. Allow for open invoice billing or statement billing 9. Automatically calculate late payment fees 10. Automatically calculate scheduled rate increases (i.e. facility rents with scheduled increases) 5.5 Cash Receipting The City seeks to implement a Cash Receipting (C/R) module that supports the preparation and tracking of miscellaneous invoices and monthly recurring invoices and statements. The A/R module should: 5.5 Cash Receipting 1. Integrate with A/R, Business Licenses and any other billing module 2. Allow departments to enter receipts subject to business rules (i.e. departments can be limited as to what type of receipts can be received or what accounts can be used) 3. Provide templates to be used for different types of receipts Numeric Ranking Comments 16 P age

18 5.5 Cash Receipting 4. Subject to workflow rules automatically post to the GL and related modules 5. Update the A/R and any other related modules with payments recorded in the Cash Receipt module automatically 6. Allow for integration with remote check deposit and credit card transactions. 7. Provide for online payment options for the public to pay all bills (i.e., parking citations, animal license, Transient Occupancy Tax, business license, miscellaneous A/R) 8. Prepare deposit at end of day 9. Interface with KidTrax so that receipts can be transferred to or from the Kid Trax software Interface with TracNet so that receipts can be transferred to or from the TracNet Records Management System for animal licenses and parking citations Bank Reconciliation Numeric Ranking Comments The City seeks to implement a Bank Reconciliation (B/R) module that supports the automatic reconciliation of all banking and investment accounts. This module should: Numeric 5.6 Bank Reconciliation Ranking Comments 1. Integrate with all aspects of new system that affect cash accounts (i.e., Cash Receipts, A/P, payroll, etc.) 2. Allow clearing of outstanding checks individually, in groups or electronically by downloading from the bank statement from the financial institution. 3. Prepare reconciliation statement 4. Easily handle the posting of bank generated transactions that have not been posted to GL 5.7 Purchasing The City seeks to implement a fully integrated Purchasing module as part of the new system. The module should be capable of managing all of the City s product and service acquisition activities. The City seeks to obtain a purchasing module that has the following capabilities: Numeric 5.7 Purchasing Ranking Comments 1. Integrates with Accounts Payable, Fixed Assets, General Ledger, Project and Grant Accounting, and Vendor History 17 P age

19 Numeric 5.7 Purchasing Ranking Comments 2. Integrates with Microsoft Products (i.e. prompts in Outlook alerting supervisors of pending transactions.) 3. Tracks where the Requisition is in the approval process 4. Notifies the initiating department when the Requisition has been approved. 5. Verifies budget availability during requisition and purchase order creation 6. Supports the purchase of recurring services by automatically generating a requisition/purchase order based on pre-established criteria (i.e. Health Insurance, Custodial Services, and Leased Vehicles) 7. Captures internal justification, notes, or comments on requisitions that will stay with purchase orders. Internal comments should only be visible to City staff 8. Attaches scanned documents to requisition, purchase order, etc. 9. Supports approval of requisitions based on user defined, pre-established business rules 10. Electronically (i.e. ) send purchase orders to vendors in PDF format 11. Provides ability to restrict users to specific general ledger accounts 12. Prevents a purchase order from being issued to an inactive vendor 13. Allows authorized user to override limits placed by the system 14. Issues blanket purchase orders 15. Issues confirming purchase order (P.O. that will automatically be paid since the services have already been performed, invoice attached) 16. Supports year-end activities: a. Ability to roll purchase orders to the new fiscal year b. Enter purchase orders for the new fiscal year prior to the start of that fiscal year 17. Allows Change Orders for purchase orders, subject to workflow approvals. 18. Generate Purchase Orders in PDF format for electronic distribution to vendors 19. Allows departments to generate Purchase Orders if all business rules are met. (Finance will determine who should be allowed this feature) 20. Provides for online approval from mobile device when not at a workstation 21. Supports imaging and archiving of Purchasing related documents generated by the system and integration with external image management systems if necessary 18 P age

20 5.8 Accounts Payable The City seeks a fully integrated accounts payable module that allows invoices to be entered directly into the system by the departments. Finance in conjunction with each department will decide who should be given access to the accounts payable system. The software should: 5.8 Accounts Payable 1. Provide electronic workflow approvals for invoice payments 2. Allow for invoice approval without issuing a Purchase Order 3. Verify budget availability during invoice creation 4. Allow departments to scan invoices and supporting documentation into the system 5. Provide automated workflow that sends the invoice to the next person on the approval list based on pre-set approvals determined by each department. 6. Track where the invoice is in the payment process 7. Automate check signature process and printing subject to workflow rules 8. Notify the initiating department when the invoice has been paid (if marked with such instruction in the transaction by the requestor) 9. Post approved invoices to Accounts Payable and the GL upon approval 10. Allow selection of open invoices for payment 11. Print payment register for approval subject to workflow approval 12. Allow for electronic payment of invoices 13. Automate travel requests, funding, reimbursements and reporting. 14. Optionally generate more than one check for a vendor during a check process 15. Generate ACH and alternative payment options that interface with bank for processing 16. Capture an image of the check and attach it to the vendor record 17. View the purchase order image, invoice image and check image in vendor inquiry 18. Include the address and web site address in the vendor master record 19. Allow departments to view vendor detailed payment history (i.e. see all PO s outstanding and payments made) 20. Support CA EDD reporting requirements for independent contractors 21. Provides Form 1099 reporting meeting all federal and state requirements 22. Integrate with Fixed Assets, GL, Project and Grants module 5.9 Human Resources Numeric Ranking Comments The City seeks to implement a Human Resources module as part of the new system. The module should be capable of managing all of the City s employees, certification/license requirements, and retirement 19 P age

21 and benefit packages. It should also feature extensive use of browser-based employee self-service and decentralized HR functions. The Human Resources Module should: 5.9 Human Resources 1. Incorporate Position Control 2. Support allocation of benefits costs and benefit plans 3. Make extensive use of table-based salary maintenance schedules 4. Support ad hoc reporting 5. Provide self-service online options supporting W-4 changes, time-off requests, cash-out requests, employee profile changes, beneficiary changes, subject to workflow rules 6. Provide workflow and self-service options for open enrollment process. 7. Provide workflow approvals for time-delayed actions/events; (i.e., compensation that begins after a specific number of hours). 8. Track certifications including expiration date and compensation modification triggers 9. Provide the ability to specify required certifications by job title 10. Support employee photo/profile management 11. Support employee photo identification badges 12. Support automatic notifications of upcoming salary step increases 13. Provide Employee Event tracking to manage performance evaluations, training, and certifications, salary increases, 14. Provide advance tracking and reporting for temporary assignments/employment based on hours or time worked to manage the required next administrative procedures 15. Provide tracking and reporting for employees on medical leave and/or worker s comp leave to manage work status and required documents for extensions or return to work. 16. Provide reports to determine FMLA eligibility (which is primarily based upon hours worked, excluding certain leave types). 17. Provide workflow for the above tracking and reporting functionalities such as performance evaluation, FLMA, etc., wherein s are sent to the HR administrator, employees and their supervisors. 18. Implement an electronic Performance Review process with workflow rules. 19. Provide an online, self-service feature for voluntary election of electronic/paperless earning statements or W-2s. (i.e. get via or self-obtain by going onto employee portal). 20. Provide an online portal for employee access to personnel forms, MOUs, policies, procedures (IIPP), personnel manual, salary schedule, etc. Numeric Ranking Comments 20 P age

22 Numeric 5.9 Human Resources Ranking Comments 21. Provide reporting of all annual EEO data (i.e. employee race, gender, ethnicity, etc.) 22. Provide an audit report of all system changes with specific change(s) (before and after), user who made the change, and date & time of change. 23. Implement strict security measures concerning employee ID and access to system 5.10 Time & Attendance The City seeks an electronic time tracking and attendance tool that facilitates the payroll process. The time entry module should: Numeric 5.10 Time & Attendance Ranking Comments 1. Support various methods of time card entry (i.e, online, time clock, workstation, etc.) 2. Use electronic workflow for review and approval of timecards 3. Alert employees and supervisors of errors in timesheet entries such as charging to an incorrect account code, overages in leave balances, etc. 4. Integrate with financial modules for tracking and reporting purposes (i.e. Project and Grant accounting) 5. Allow requests for time-off to be submitted electronically subject to workflow rules 6. Allow employees to enter comments/notes for each entry. 7. Integrate with Human Resource module to automatically reflect & process authorized voluntary cash-out requests of leave time 8. Customizable user-interface (screens) to simply time entry and reduce possible data entry errors. 9. Provide ability to print reports by period and/or specified date range for all hours or specified hour type(s). 10. Provide for schedule templates so that recurring schedules can be entered for specific employees or positions 11. Ability to mass populate the annual holidays and roll-out organizationwide by employee groups. 12. Support multiple schedules i.e. 4/10, 9/80, fire dept. 96/120, etc. 13. Allows for approvals to be entered from mobile device 14. Alert employee and supervisor when timesheet being approved is under 80 hours total (because employee would then need to enter leavewithout-pay, worker s comp or any other hours to add up to 80 hours total). 21 P age

23 5.11 Payroll The City seeks to implement a full-featured payroll system that is capable of accurately processing payrolls comprised of multiple employee groups, calculating and other retirement benefit packages. It should also feature extensive use of browser-based functionality allowing for employee online self-service. The Payroll Module should have the ability to: Numeric 5.11 Payroll Ranking Comments 1. Calculate payroll in accordance with all federal and state requirements including FLSA 2. Calculate payroll in accordance with City employment contracts 3. Calculate and report payroll using required CalPERS reporting elements 4. Provide an Employee Self-Service module for employees to enter timecards, review previous payroll information, W-2 s, dependent information and other relevant employee information 5. Provide an Employee Self Service module for employees to enter direct deposit information 6. Integrate Payroll with the HR, GL, A/P, Budget, and Project and Grant Accounting modules 7. Ensure that all payroll related costs (i.e., taxes and benefits) can be allocated to Projects and Grants 8. Track all compensation elements necessary for the annual compensation report to State Controller 9. Provide detailed postings to the GL with the ability to drill back into the payroll module to see who actually got charged to a specific account 10. Generate paychecks, direct deposit advices (supporting deposits across multiple accounts on a single check), EFT files, and related positive pay files 11. Support check and direct deposit advice imaging, sharing and archiving 12. Generate off-the-shelf and ad hoc reports that support data requirements associated with CalPERS, auditors, deferred compensation providers, Payroll Register review, sick and vacation accrual reports for management, edit lists, overtime reports, tax reports, auto allowance reports, extensive exception and payroll calculations/generation reports, etc. 13. Output CalPERS files and reports (evidenced by multiple California references) and support upcoming CalPERS changes 14. Flexibly define what is PERSable (including different setups for different employee groups) 15. Support time entries for projects and grants. 16. Allocate payroll costs and associated benefits to multiple accounts per employee based on time card entry allocation of hours 17. Provide time card templates so that employee schedules can be preset along with allocation of hours worked to various programs, subject to change at time of data entry. 22 P age

24 Numeric 5.11 Payroll Ranking Comments 18. Generate all State and Federal quarterly and annual payroll regulatory reports. 19. Automatically update to be in compliance with State and Federal tax rates, withholding, etc. 20. Defines leave accruals by employee group or individual designation 21. Alerts employees/supervisor that leave accrual cap has been reached. 22. Withhold and remit all taxes (via EFT/ACH) to the appropriate governmental agencies on a pay period basis (i.e. withholding and remittance of social security tax, Medicare, etc.) 23. Withhold and remit all garnishments (via EFT/ACH) to the appropriate governmental agencies on a pay period basis 24. Calculate garnishments based on various withholding options including the maximum amount 25. Prepare and remit annual W-2s to the appropriate agencies and provide paper and electronic copies to the City 26. Automatically generates an audit report of all system changes with specific change(s) (before and after), showing user who made the change, and date & time of change. 27. Supports fire department payroll, schedules, time & attendance 28. Supports ability to suspend leave accruals for employees while on authorized leave without pay and/or worker s comp. leave. 29. Supports ability to generate manual, on-site payroll checks. 30. Ability to mass populate changes for COLA, salary, flex allowance, etc, by employee groups (i.e. update flex allowance from $500 to $550 for employee group ABC.) 31. Ability to create mass change templates for various global changes. 32. Integrate with Human Resources module for updates to acting position assignment and compensation. 33. Integrates with Human Resources module for updates to various education and certifications for specialty pays (i.e. HR module reflects an associate college degree which automatically determines a 2.5% specialty pay within the payroll system). This would eliminate the duplicate data entry and possible omission in the manual workflow/process Project and Grant Management As part of a fully integrated system the City wants a Project and Grant Accounting Module which can accommodate the following: Numeric 5.12 Project and Grant Management Ranking Comments 1. Track budget and expenditures over the life of a project or grant. 2. GL entries (AP and Payroll) automatically flow into the Project/Grant Accounting module 23 P age

25 Numeric 5.12 Project and Grant Management Ranking Comments 3. Provides grant accounting reports that cover multiple years. 4. Provides users view-only access to the Project/Grant Accounting module so that they can better track their projects and are not dependent on Finance for information. 5. Provides budget vs actual reporting on a year to date or grant to date basis. 6. Can generate reports tailored to the requirements of the department or external granting agency. 7. Ability to budget and report on a project/grant within an existing program 8. Ability to track and generate report for Capital project budget over a multi-year period of at least 5 years by account 9. Ability to track Operating Budget projects over multiple years 10. Robust revenue and expenditure tracking abilities for current projects 5.13 Fixed Assets As part of a fully integrated system the fixed asset module should: Numeric 5.13 Fixed Assets Ranking Comments 1. Calculate depreciation which will post directly to GL subject to workflow approvals 2. Allow accounts payable staff to designate an invoice record as a fixed asset item and automatically add record to the fixed asset ledger. 3. Addition of fixed asset records should be subject to workflow approvals 4. Provide all GASB 34 required fixed asset reports 5. Ability to calculate beginning and ending balance, additions, retirements, and accumulated depreciation by CAFR fixed asset categories such as land, machinery & equipment, buildings, improvements other than buildings, etc. 6. Allow users to add additional information to fixed asset record after purchase 7. Allow for a defined fixed asset piece of equipment or a functional equipment system to have several subparts all bought individually at different times. For example, the city may add and attach lift equipment to a truck cab and flatbed or several pieces of audio/visual equipment working together as a system while individually they have no function. 8. Allow system to track non-capitalized items for inventory control 9. Integrates with General Ledger system for financial statement reporting 24 P age

26 5.14 Business Licenses As part of a fully integrated system the Business License module should: 5.14 Business Licenses Numeric Ranking Comments 1. Provide multiple licensing periods (i.e. annual and quarterly) 2. Provide multiple business classifications (i.e. professional services, retail, etc.) 3. Provide multiple licensing fees (i.e. flat rate, gross receipts, gross payroll, etc.) 4. Provide query capability on any field 5. Provide user-defined fees structure for penalties and administrative fees 6. Integrate with Cash Receipting module 7. Provide an online payment portal for annual renewals 8. Provide ability to annual renewal notices 9. Allow for workflow approvals based on business rules (i.e., planning, building, fire police) 10. Provide view-only access to departments with confidential information removed 11. Provide support for online applications 5.15 Document Imaging The City desires to streamline processing in order to capture, store, index, search and retrieve electronic images associated with financial, payroll, and personnel transactions as they are being handled by the system. The document management capabilities integrated into the new system should provide the following basic capabilities: Numeric 5.15 Document Imaging Ranking Comments 1. Provide images of documents created by the system including purchase orders, payroll checks, accounts payable checks, W2's, 1099's, etc. 2. The images should be available by individual record; for example, an individual's paycheck and not the entire check run for the pay period 3. Allow manually scanned images to attach to appropriate transaction records. The module should prompt for scanned attachments 4. Conform to records management requirements including retention schedules 5. Provide drill-down ability for the user to view related documents associated with financial, payroll, and personnel transactions. For example, vendor inquiry should provide the ability to view images of accounts payable checks, associated purchase orders, the requisition and associated manually scanned documents including bids and packing lists 25 P age

27 Numeric 5.15 Document Imaging Ranking Comments 6. Provide system coordination to allow batch processing of images. For example, allow accounts payable invoices received to be scanned in a batch and then associated with each purchase order 7. Allow the document imaging system to be used for non-financial recordkeeping 8. Capture data upon scanning wherever possible to minimize keying in of data Reporting The City seeks to obtain a robust reporting capability to support the finance, payroll, and human resource functions. The new system should provide the following reporting features: 5.16 Reporting 1. Export data to Excel 2. Export reports to various formats (i.e. Excel, HTML, PDF, etc.) 3. User-friendly report writer 4. Ability to share reports within the system 5. Ability to run and distribute reports 6. Provide Business Analytics to expand the reporting capabilities 7. Export data to Excel 8. GASB 34, GASB Pension & GASB Fund Balance Reporting 5.17 System Audit and Security Numeric Ranking Comments The City seeks to implement a new system with robust security and transaction audit/logging capabilities. The system audit capabilities should include the ability to track transaction processes and updates to the database. The new system should create audit trails for transactions processed through the system allowing authorized staff to drill down on transactions to view supporting detail. Audit logging should allow authorized staff to easily determine the source of each transaction to include identifying user ID and data/time for all table changes. The City seeks to begin receiving revenue by means of online payment options and the use of alternative vendor payment types such as ACH or EFT. In doing so, the City seeks a system and vendor that is very secure in such ecommerce and database management and that is in compliance with all regulatory requirements concerning the use of e-commerce Workflow The City seeks to implement a new system with strong workflow capabilities to help automate common financial, payroll, and personnel transactions. The system workflow capabilities should include the ability to automatically notify a user when action is needed. The system should include automated approvals and notifications supporting a paperless environment. The new system should have the ability to: 26 P age

28 Numeric Workflow Ranking Comments 1. Track transactions submitted for approval and review with the date/time stamp 2. Automate approval notification both at the system level and via the City s system 3. Implement best practice workflow templates for all core financial, payroll, and personnel transactions (i.e. payables processing, purchase orders, GL transaction approval, payroll processing, etc.) 4. Integrate with the City s system to assist in the notification and approval steps 5. Create custom workflows based on City business rules 6. Use a rich set of attributes in determining what users participate in which steps in the approval processes (e.g. GL number segments, unique groupings, project/task codes, object/spend category codes, consideration of roles, etc.) 7. The ability to perform approvals on smartphones or tablets is highly desirable, so that approvals can be done at any time not just when present at workstation Technical Requirements The City desires to leverage its existing technology infrastructure as much as possible to support the implementation of the new system. Proposers should therefore reference Section 4.1 for a discussion of the City s current IT systems. The City will acquire new infrastructure as deemed necessary in order to make optimal use of the new system. The City wants to make use of the best practices in technology as long as it is financially feasible. Proposers should state clearly not only the minimum IT requires for their software but more importantly the optimal requirements for best use of their software. 27 P age

29 6. Proposal Submission Requirements 6.1 General Instructions The City wants to discourage lengthy and costly proposals. Proposals should be prepared simply and economically and provide a straightforward, concise description of the Proposer s company, qualifications, proposed solution, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. Glossy sales and marketing brochures are not necessary or desired. Proposals must be organized consistent with the outline provided in this section of the RFP. Proposers must follow all formats and address all portions of the RFP set forth herein providing all information requested. Proposers may retype or duplicate any portion of this RFP for use in responding to the RFP, provided that the proposal clearly addresses all of the City's information requirements. 6.2 Proposal Format Proposals must be structured, presented, and labeled in the following manner: Cover Letter Table of Contents Section 1 - Executive Summary Section 2 Company Background Section 3 Company Qualifications Section 4 References Section 5 Proposed Solution Section 6 Implementation Approach Section 7 Other Requirements Section 8 Pricing Failure to follow the specified format, to label the responses correctly, or to address all of the subsections may, at the City s sole discretion, result in the rejection of the Proposal. Proposals should be prepared on standard 8 1/2" x 11" paper and printed on 2 sides. All proposal pages should be numbered Cover Letter The proposal must include a cover letter that provides the following: Proposer s legal name and corporate structure Proposer s primary contact to include name, address, phone, and Identification of any subcontractors and scope of work to be performed by subcontractors Identification of any pending litigation against the Proposer Disclosure of any bankruptcy or insolvency proceedings in last 10 years Statement of the Proposer s credentials to deliver the services sought under the RFP Statement indicating the proposal remains valid for at least 180 days 28 P age

30 Statement that the Proposer or any individual who will perform work for the Proposer is free of any conflict of interest (e.g., employment by the City) Statement of acknowledgement that the City s legal documents have been reviewed and accepted with or without qualification. If qualifications are involved, those items requiring adjustment or modification must be identified and listed along with suggested modifications to the contract. If no modifications are noted, the City will assume that the proposer is capable of performing all normal tasks and services without reservation or qualification to the contract Signature of a company officer empowered to bind the Proposer to the provisions of this RFP and any contract awarded pursuant to it The Proposal Cover Letter should be concise and brief and not exceed 2 pages unless Proposer s exceptions to the City s legal documents require it Table of Contents All pages are to be numbered and figures, tables, charts, etc. must be assigned index numbers and identified in the Table of Contents Section 1 - Executive Summary This section of the proposal should provide a brief and concise synopsis of the proposal and a description of the Proposer s credentials to deliver the services sought under the RFP Section 2 Company Background This section of the proposal should briefly identify the following: A brief description of the Proposer s background and organizational history A statement of how long the Proposer has been performing the services required by this RFP Identify the location of headquarters, technical support, and field offices Identify the location of office which would service the City Identify the number of employees by the following functions: corporate (sales, marketing, finance, overhead, etc.), implementation support, ongoing maintenance support, and R&D 2.6 Identify Proposer s annual company revenues and profit for the last 3 company fiscal years Section 3 Company Qualifications In this section of proposal, the Proposer should identify company qualifications and experience in implementing solutions similar to what the City is seeking: Describe the Proposer s familiarity with public sector ERP systems and associated business processes, and experience with the requirements of the State of California. 3.2 Identify your existing client base including the number of existing clients using the version/release of the software being proposed. Clearly identify the name and number of California public agency installations 29 P age

31 6.2.6 Section 4 - References The Proposer must provide at least 5 references that are using the proposed solution. At least 3 of the references should be for systems that have been implemented in the last 2 years. The City prefers references from California agencies of similar size and complexity to the City. The list should include at least one reference that is utilizing the system to its full potential. For each reference, proposer must provide the following: 4.1 Agency name and contact information (i.e. name, title, address, phone, and ) 4.2 Brief project description, including identifying the software version and modules implemented 4.3 Number of agency employees 4.4 Agency general fund budget 4.5 Implementation Date 4.6 Implementation timeline and cost Section 5 - Proposed Solution In this section of the proposal, the Proposer should identify the proposed solution up to and including the following: 5.1 Provide a brief solution overview identifying origin of system, release history, current release being proposed, and number of operational installations for the proposed software solution Provide a written response to each area identified in Section 5 of the RFP (i.e. RFP Section ). It is important to note that the level of detail must be sufficient to allow the evaluators to understand your product s features, functions, capabilities and shortcomings/challenges. Proposers are allowed to supplement their response to Section 5 using additional product information as an attachment to their proposal. However, at a minimum, Proposers must provide a written summary response at the module level such that the evaluators can obtain an adequate understanding how the proposed solution will meet the City s needs. For ease of evaluation the City is providing a Word document that contains sections 5.1 to The document provides a place for the Proposer to fill in the ranking per the City s ranking criteria and any short comments the Proposer wishes to enter Identify any additional or recommended modules or services that were not identified in RFP Section 5 but that the Proposer recommends that the City consider which will help the City reach its vision for the new system. Include a description of the features and functions of each additional proposed module. 5.4 Describe alternative service delivery models (i.e. Software-as-a-Service, Application Service Provider, Hosted, etc.) available to the City and indicate how these might impact the proposed solution. The City is very seriously considering a hosted solution Section 6 - Implementation Approach and Work Plan The Proposer should identify the proposed implementation approach clearly identifying each phase, the timeline proposed, roles and responsibilities to be performed by the Proposer and those to be performed by the City. 30 P age

32 6.1 - Describe your implementation and project management methodology and approach to ensure a successful implementation. 6.2 Provide a project organization chart highlighting the key staff who will be assigned to the project. Provide bios for the project manager and other key assigned personnel. The City wants personnel involved in the implementation that have experience working with the software, in particular when it comes to financial reporting. 6.3 Provide a detailed work plan that identifies major activities, tasks, deliverables, and resources. The work plan should assume a January 12, 2015 start and initial implementation phase that would include a go live date of October 1, 2015 for core financials (GL, Budget, A/R, A/P, Cashiering, etc.) and a go live date of October 1, 2016 for all payroll and HR functions. If Proposer is recommending additional phases, please include those in the work plan so that the City can clearly understand what the additional phases would include and the timeline for their completion. 6.4 Describe the roles and responsibilities of the City staff during implementation and provide an estimated level of effort. 6.5 The City plans on converting data only for the vendor master file and employee master file for active vendors and employees. No GL data will be converted. Describe your conversion methodology that would be used to implement the New System. In addition, provide your recommendations for data conversion. 6.6 Describe your training methodology and how you ensure users are prepared to use the New System. 6.7 Describe how the use of any alternative service delivery models would impact the proposed implementation approach, work plan, and City staff level of effort Section 7 Other Requirements In this section of the proposal, the Proposers should address the following items in a concise manner: 7.1 Describe ongoing maintenance, release/upgrade, and support services. At a minimum, Proposers should address the following items: o Help desk processes and procedures o Hours of support (stated in Pacific Standard Time) o Escalation procedures o Response time commitments 7.2 Identify if there are user groups and/or user conferences 7.3 Provide hardware, software and database requirements for the New System, everything that will be needed for the new system to function optimally Describe the frequency that application patches and releases have been made available within the past two years. In addition, clearly identify the roles and responsibilities of the City to complete updates 7.5 Describe hardware and software requirements for Alternate Service Delivery option Section 8 - Pricing The pricing should be included in a separate sealed envelope. The City wants the reviewers to concentrate on the ability of the proposed products to meet the City s needs. Once a selection of probable vendors 31 P age

33 has been made than the review committee will compare pricing. The City seeks to understand all costs associated with the implementation and ongoing maintenance of the proposed system. If the Proposer is selected as a finalist, an additional comprehensive price sheet may be required. In this section, the proposer must summarize all costs associated with software licensing and maintenance costs, implementation services including data conversion, 3 rd party products needed for new system, professionals services and cost of travel. The City will evaluate proposals based on the Total Cost to Implement (TCI) and the Total Cost to Operate (TCO). TCI will include all costs required for a successful implementation. The TCO will be calculated based on TCI plus 5 years of annual maintenance fees. The Proposer s Price Sheet must identify all costs required to complete a successful implementation to include at least the following: 1. One-Time Costs Implementation Services o Software Installation and configuration o Conversion o Consulting o Training o Documentation o Project Management o Change Management Software Licensing Data conversion 3 rd party products required for New System (i.e. software, hardware) Consultant Travel Other one-time costs 2. Annual Service Fees Show all services and activities included in the annual service fees, and show activities and services that would result in an increased fee to the City. Show the expected annual service fee for each of the next 5 years. Be sure to include separate pricing for a hosted solution also. If possible, please separate pricing into Phase 1 Core Financials and Phase 2 Payroll and HR. The City may purchase required New System hardware and database software independently based on the information provided by the Proposer. 32 P age

34 7. Proposal Evaluation An Evaluation Committee shall review all proposals to determine which Proposers have qualified for consideration. The evaluation will include at least an initial review and a detailed review. The initial review will evaluate all submissions for conformance to stated specifications to eliminate all responses that deviate substantially from the basic intent and/or fail to satisfy the mandatory requirements. Only those proposals that meet or exceed the intent of the mandatory requirements will be further evaluated. Submitted proposals will be evaluated on the following criteria: Quality, clarity, and responsiveness of proposal Ability to meet the needs of the City Well thought out timeline and roadmap for a go live date no later than October 1, 2015 for core financials Proven technical ability to design, install and support the proposed system Demonstrated ability to work in a cooperative and collaborative manner with clients Anticipated value and price Perceived risk or lack thereof Company financial stability References for each application proposed Results of interviews, demonstrations, and site visits Ability to prepare and execute a contract in a timely manner Commitment to continually evolving the system to remain current with evolving best practices The proposal evaluation will be heavily weighted on the Proposer s success in the POC demonstration and site visits. Proposers must be prepared to invest the time and resources into their demonstrations. The City reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all Proposers. The purpose of any such discussions shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the City and, if held, shall be after initial evaluation of Proposals is complete. If clarifications are made as a result of such discussion, the Proposer shall put such clarifications in writing. 33 P age

35 8. General Requirements 8.1 Collusion By submitting a response to the RFP, each Proposer represents and warrants that its response is genuine and not made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham response or any other person to refrain from submitting a response; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a response. 8.2 Gratuities No person will offer, give or agree to give any City employee or its representatives any gratuity, discount or offer of employment in connection with the award of contract by the City. No City employee or its representatives will solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a City contract. 8.3 Required Review and Waiver of Objections by Proposers Proposers should carefully review this RFP and all attachments, including but not limited to the Standard Professional Services Agreement, for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively called comments ). Comments concerning RFP objections must be made in writing and received by the City no later than the "Deadline for Written Questions and Comments" detailed in the Table 1, RFP Schedule of Events. This will allow issuance of any necessary amendments and help prevent the opening of defective proposals upon which contract award could not be made. Protests based on any objection will be considered waived and invalid if these faults have not been brought to the attention of the City, in writing, by the Deadline for Written Questions and Comments. 8.4 Nondiscrimination No person will be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City s contracted programs or activities on the grounds of disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or California State Constitutional or statutory law; nor will they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City s contractors. Accordingly, all Proposers entering into contracts with the City will, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. 8.5 Proposal Withdrawal To withdraw a proposal, the Proposer must submit a written request, signed by an authorized representative, to the RFP Coordinator (Section 1.3). After withdrawing a previously submitted proposal, the Proposer may submit another proposal at any time up to the deadline for submitting proposals. 34 P age

36 8.6 Proposal Errors Proposers are liable for all errors or omissions contained in their proposals. Proposers will not be allowed to alter proposal documents after the deadline for submitting a proposal. 8.7 Incorrect Proposal Information If the City determines that a Proposer has provided, for consideration in the evaluation process or contract negotiations, incorrect information which the Proposer knew or should have known was materially incorrect, that proposal will be determined non-responsive, and the proposal will be rejected. 8.8 Prohibition of Proposer Terms and Conditions A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal to be a nonresponsive counteroffer, and the proposal may be rejected. 8.9 Assignment and Subcontracting The Contractor may not subcontract, transfer, or assign any portion of the contract without prior, written approval from the City. Each subcontractor must be approved in writing by the City. The substitution of one subcontractor for another may be made only at the discretion of the City and with prior, written approval from the City. Notwithstanding the use of approved subcontractors, the Proposer, if awarded a contract under this RFP, will be the prime contractor and will be responsible for all work performed and will be responsible for all costs to subcontractors for services provided by the Proposer. The Proposer is prohibited from performing any work associated with this RFP or using contractors for any service associated with this RFP offshore (outside the United States) Right to Refuse Personnel The City reserves the right to refuse, at its sole discretion, any subcontractors or any personnel provided by the prime contractor or its subcontractors. The City reserves the right to interview and approve all Proposer s staff. Proposer s staff may be subject to the City s background and drug testing processes at any time Proposal of Additional Services If a Proposer indicates an offer of services in addition to those required by and described in this RFP, these additional services may be added to the contract before contract signing at the sole discretion of the City Licensure Before a contract pursuant to this RFP is signed, the Proposer must hold all necessary, applicable business and professional licenses. The City may require any or all Proposers to submit evidence of proper licensure. 35 P age

37 8.13 Conflict of Interest and Proposal Restrictions By submitting a response to the RFP, the Proposer certifies that no amount will be paid directly or indirectly to an employee or official of the City as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the procurement under this RFP. Notwithstanding this restriction, nothing in this RFP will be construed to prohibit another governmental entity from making a proposal, being considered for award, or being awarded a contract under this RFP. Any individual, company, or other entity involved in assisting the City in the development, formulation, or drafting of this RFP or its scope of services will be considered to have been given information that would afford an unfair advantage over other Proposers, and said individual, company, or other entity may not submit a proposal in response to this RFP Contract Negotiations After a review of the proposals and completion of the demonstration and POC, the City intends to enter into contract negotiations with the selected Proposer. These negotiations could include all aspects of services and fees. If a contract is not finalized in a reasonable period of time, the City will open negotiations with the next ranked service provider Execution of Contact If the selected Proposer does not execute a contract with the City within fifteen (15) business days after notification of selection, the City may give notice to that service provider of the City s intent to select from the remaining Proposers or to call for new proposals, whichever the City deems appropriate Right of Rejection The City reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in its entirety. Any proposal received which does not meet the requirements of this RFP may be considered to be nonresponsive, and the proposal may be rejected. Proposers must comply with all of the terms of this RFP and all applicable State laws and regulations. The City may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RFP. Proposers may not restrict the rights of the City or otherwise qualify their proposals. If a Proposer does so, the City may determine the proposal to be a nonresponsive counteroffer, and the proposal may be rejected. The City reserves the right, at its sole discretion, to waive variances in technical proposals provided such action is in the best interest of the City. Where the City waives minor variances in proposals, such waiver does not modify the RFP requirements or excuse the Proposer from full compliance with the RFP. Notwithstanding any minor variance, the City may hold any Proposer to strict compliance with the RFP. 36 P age

38 8.17 Disclosure of Proposal Contents All proposals and other materials submitted in response to this RFP procurement process become the property of the City. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, the proposals and associated materials will be open for review by the public to the extent allowed by the California Public Records Act, (Government Code Section and ). By submitting a proposal, the Proposer acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection Proprietary Information The master copy of each proposal will be retained for official files and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law (Government code 6276). Each Proposer may clearly label part of a proposal as "CONFIDENTIAL" if the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City will constitute a complete waiver of all claims for damages caused by any release of the information. If a public records request for labeled information is received by the City, the City will notify the Proposer of the request and delay access to the material until seven working days after notification to the Proposer. Within that time delay, it will be the duty of the Proposer to act in protection of its labeled information. Failure to so act will constitute a complete waiver Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the City and Proposers will be construed and enforced as if the RFP did not contain the particular provision held to be invalid RFP and Proposal Incorporated into Final Contract This RFP and the successful proposal will be incorporated into the final contract Proposal Amendment The City will not accept any amendments, revisions, or alterations to proposals after the deadline for proposal submittal unless such is formally requested, in writing, by the City Consultant Participation The City reserves the right to share with any consultant of its choosing this RFP and proposal responses in order to secure a second opinion. The City may also invite said consultant to participate in the Proposal Evaluation process. 37 P age

39 8.23 Warranty The selected software proposer will warrant that the proposed software will conform in all material respects to the requirements and specifications as stated in this RFP, demonstrated in both the software demonstration and subsequent proof-of-capabilities. Further, that requirements as stated in this RFP will become part of the selected software proposer s license and the software proposer will warrant to the requirements. The selected proposer must warrant that the content of its proposal accurately reflects the software's capability to satisfy the functional/technological requirements as included in this RFP. Furthermore, the warranty, at a minimum, should be valid for the duration of the implementation and until final acceptance (as will be defined during the negotiation process) of all application modules included in the implementation Rights of the City The City reserves the right to: Make the selection based on its sole discretion Reject any and all proposals Issue subsequent Requests for Proposals Postpone opening proposals, if necessary, for any reason Remedy errors in the Request for Proposal process Approve or disapprove the use of particular subcontractors Negotiate with any, all, or none of the Proposers Accept other than the lowest offer Waive informalities and irregularities in the proposals Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City An agreement will not be binding or valid with the City unless and until it is approved by the City Council and executed by authorized representatives of the City and of the Proposer. 38 P age

40 Appendix A City Professional Services Agreement It is recognized that the formal basis of any agreement between the City and the service provider is a contract rather than a proposal. In submitting proposals, Proposers must indicate that they are prepared to complete the City s Agreement for Professional Services, which is presented on the following pages. The winning proposer will be expected to accept these terms and conditions unless they otherwise take exception in their cover letter. 39 P age

41 CITY OF MARINA AGREEMENT FOR NEW INTEGRATED FINANCIAL MANAGEMENT SOFTWARE AND ASSOCIATED PROFESSIONAL SERVICES This Agreement is made and entered into as of the day of 2014, by and between the, a municipal corporation ( City ) and, a professional corporation ( Contractor ). RECITALS A. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Contractor to render professional services relative to the implementation of a new financial management system as set forth in this Agreement. AGREEMENT 1. Scope of Services (EXHIBIT A). Contractor shall perform the services set forth in EXHIBIT A and summarized in the Contractor s proposal (Proposal) dated, 2014 (EXHIBIT B). Should there be any inconsistency of terms between this Agreement and the Proposal, this Agreement shall control. 2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall be performed through December 31, 2015, with City option to extend for a further term with the City Manager s approval. 3. Compensation (EXHIBIT C). Compensation to be paid to Contractor shall be in accordance with the EXHIBIT B. In no event shall Contractor s compensation exceed the amounts specified in the referenced document without prior written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor s bills shall include a description of the services performed and the period for which the services were performed. Payment of the undisputed amount of the invoice shall be paid to Contractor no later than 30 days after approval of the invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, Extra Work means any work which is determined by City to be necessary, but which the parties did not 40 P age

42 reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from City. 6. Termination. This Agreement may be terminated by City with or without cause upon fifteen days prior written notice of termination. This Agreement may be terminated by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Upon termination by the City without cause, Contractor shall deliver all work product and other documents, whether completed in progress and be entitled to compensation for services performed up to the effective date of termination. If termination for cause is effected by the City an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of Contractor s default. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of the City, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor s expense, provide such reports, plans, studies, documents and other writings to City upon written request. 8. Contractor s Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of five (5) years, or for any longer period required by law, from the date of the final period audited by Contractor. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of five (5) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers, except for the items excluded in paragraph 7 above. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor s address indicated for receipt of notices in this Agreement. 41 P age

43 d. Where City has reason to believe that the records or documents addressed in this section may be lost or discarded due to dissolution, disbandment or termination of Contractor s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor s representatives, or Contractor s successor-in-interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits which accrue to City s employees, and Contractor hereby expressly waives any claim it may have to any such rights. 10. Interest of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg (a)(2).) 11. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor s field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 42 P age

44 13. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which is legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor agrees, before commencing any work pursuant to this Agreement, to apply for, pay the fee for, and obtain a business license. 14. Insurance Requirements. a. Contractor, at Contractor s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies, as applicable to the services performed under this agreement. i. Workers Compensation Coverage. Contractor shall maintain Workers Compensation Insurance and Employer s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employer s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor s employees. Any notice of cancellation or non-renewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor s employees, agents or subconsultants insofar as such loss, damage or injury results from Contractor s negligent, reckless or willful act or omission. The 43 P age

45 amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. At the City s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 15. Indemnification. Except as to the negligence, or willful misconduct of City, Contractor shall defend, indemnify and hold the City, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney s fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor s employees, agents or subconsultants insofar as such loss, damage or injury results from Contractor s negligent, reckless or willful act or omission. This indemnification 44 P age

46 provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor s employees, subconsultants or agents. This indemnification does not include claims that arise from any negligent, reckless, or willful act or omission of the City, it s employees, or representatives. The City hereby indemnifies Government Financial Solutions, Inc. and its shareholders, principals and employees and holds them harmless from all claims, liabilities, losses and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management, regardless of whether such person was acting in the City's interest. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: Lauren Lai, CPA Finance Director 211 Hillcrest Avenue Marina, CA If to Contractor: 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. The City shall 45 P age

47 be an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City, however, nothing in this Agreement shall create any other contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provisions under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 23. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 24. Prohibited Interests. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 25. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment upgrading, demolition, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 26. Attorney s Fees. In the event of any controversy, claim or dispute relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney s fees and costs. 46 P age

48 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF MARINA Signature: Title: City Manager Date: (Proposer). Signature: Title: Date: ATTEST: (Pursuant to Reso ) Not Applicable. Contract within City Manager signature authority and within Council approved budget appropriation. City Clerk APPROVED AS TO FORM: City Attorney REVIEWED Risk Manager 47 P age

49 EXHIBIT A Scope of Services 48 P age

50 EXHIBIT B Contract Proposal Dated 49 P age

51 EXHIBIT C Fees for Services 50 P age