Enterprise Resource Planning (ERP) Software and Implementation Services

Transcription

1 REQUEST FOR PROPOSAL FOR: Enterprise Resource Planning (ERP) Software and Implementation Services ALL PROPOSALS MUST BE SUBMITTED TO: CITY OF WALNUT CREEK 1666 N MAIN STREET WALNUT CREEK, CA Attn: Sarah Monnastes, Human Resources [email protected] PRIOR TO AND NO LATER THAN 3:00 PM, August 28, 2015 RESPONSES WILL BE CONSIDERED FOR AWARD BY THE CITY OF WALNUT CREEK WITH ALL PROPOSALS FIRM FOR 90 DAYS FOLLOWING THE OPENING THEREOF.

2 Table of Contents 1. RFP Overview Purpose of RFP RFP Timeline RFP Coordinator Proposal Preparation Costs RFP Amendments and Cancellation Questions Pertaining to the RFP Intent to Propose Proposal Submittal Public Records Laws Project Objective City Background Current Environment Technology Standards Current Systems Use and Processes Current Systems and Applications New System Requirements General System Capabilities General Ledger (GL) Budget Preparation and Management Accounts Receivable/Miscellaneous Billing Cash Receipting Bank Reconciliation Treasury and Cash Management Purchasing Accounts Payable Contracts Management Human Resources Time and Attendance Payroll City of Walnut Creek Page 2 of 52

3 5.14 Project and Grant Management Fixed Assets Business Licenses Document Imaging Dashboard/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 Section 5 Proposed Solution Section 6 Implementation Approach and Work Plan Section 7 Other Requirements Section 8 Pricing Section 9 Additional Information 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 City of Walnut Creek Page 3 of 52

4 8.9 Assignment and Subcontracting Right to Refuse Personnel Proposal of Additional Services Licensure Conflict of Interest and Proposal Restrictions Contract Negotiations Execution of Contract 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 Appendix A Standard Service Agreement Terms and Conditions Appendix B RFP Pricing Template City of Walnut Creek Page 4 of 52

5 1. RFP Overview 1.1 Purpose of RFP The City of Walnut Creek ( City ) is requesting information and proposals for an Enterprise Resource Planning (ERP) System to improve the efficiency of the business processes and financial operations of the City so as to improve service delivery internally and to the public. The ERP should consolidate information, link business processes and functions, and eliminate separate departmental systems when possible and appropriate in favor of a single enterprise system that connects the City s financial and non-financial applications through a common database, user friendly interface and embedded processes designed to tie functions together seamlessly. To that end, the City is looking for innovative technology partners that bring a robust product based on industry best practices and share the City s vision for continuous improvement and a highly engaged and well trained workforce. The objective of this Request for Proposal ( RFP ) is to identify, select, and implement a proven public sector finance, payroll, and human resources ( HR ) system to replace the City s existing stand-alone systems. 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 ). The City may also be interested in replacing its business license and permitting systems and seeks bids for these products in this RFP, priced out separately. At a minimum, the proposed New System should consist of the following integrated modules: Financial Management module should include: o General Ledger o Budget Preparation and Management o Accounts Receivable/Miscellaneous Billing o Cash Receipting o Bank Reconciliation o Treasury/Cash Flow Management o Purchasing o Accounts Payable o Project and Grant Accounting o Fixed Assets o Contracts Management o Project and Grant Management o Fixed Assets Payroll and Human Resources Module should include: o Payroll o Time and Attendance Human Resources o Personnel Management o Benefit Administration o Employee Performance Management o Certification/Licensing o Training Tracking o Leave Administration City of Walnut Creek Page 5 of 52

6 All modules should include: o Document Management o Workflow o Reporting o Dashboards o Business Analytics o Security/Audit 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: Project Management Software installation and configuration Implementation consulting Business process review Training Data Conversion Documentation Software maintenance and support Post implementation support The City may also have an interest in additional modules. These modules are not considered minimum requirements for a Proposer, but may be included if available. This module includes: Business Licenses Proposers are encouraged to describe any additional offerings based on their experience in working with similarly sized agencies. To this end, proposals should clearly describe optional offerings and the pricing associated with the optional offerings. Section 1.2 outlines the City s proposed timeline for implementation go-live. The City is open to subsequent phases to implement additional modules or features/functions if needed. The City is looking for Proposers to craft an approach that meets the City s objectives. If Proposers are not able to meet this timeline, they are encouraged to propose an alternative timeline for the City to consider. Proposers should keep in mind that the City will be starting with a clean slate. The plan is to convert GL data after the system goes live and the City has closed fiscal year ending June 30, 2016 and issues its audited financial statements in early December RFP Timeline To meet the City s desired implementation date, the City is committed to the RFP process and schedule outlined below. The selection process outlined in this RFP will allow the City to award a contract by November 3, Table 1, RFP Schedule of Events, identifies the RFP schedule that will be followed. City of Walnut Creek Page 6 of 52

7 Proposers should be aware that finalist(s) will be required to perform a full (up to two (2) days) 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. Time is of the essence with respect to any of the deadlines set forth above. Notwithstanding the forgoing, 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 Event All communications concerning this RFP must be submitted by to the RFP Coordinator identified below. The RFP Coordinator will be the sole point of contact for this RFP. Sarah Monnastes, Human Resources [email protected] Telephone (925) ext 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 Table 1 RFP Schedule of Events City Issues RFP July 31, 2015 Intent to Propose Form August 11, 2015 Date/Time Deadline for Proposer Questions August 11, 2015 Responses to Proposer Questions Provided August 14, 2015 City Releases Proof-of-Capabilities Instructions and Data August 14, 2015 Deadline for Proposal Submission 3:00 p.m. August 28, 2015 City Evaluates Proposal and Notifies Proposer(s) Through September 4, 2015 Finalist(s) Provide Proof-of-Capabilities Demonstrations (up to 3 days) Contract Negotiations October 12-28, 2015 Award of Contract & Contract Execution November 3, 2015 Project Start Date November 4, 2015 Go Live with Phase I - Core Financials October 1, 2016 Go Live with Phase II - Payroll and HR January 1, 2017 Go Live with Phase III TBD September and October 5-9, 2015 The City will not pay any costs associated with the preparation, submittal, or presentation of any proposal. City of Walnut Creek Page 7 of 52

8 1.5 RFP Amendments 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 s 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 Proposer 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 in.pdf format (a single file is preferred). The package should be clearly labeled as follows: Proposal for Enterprise Resource Planning Software and Implementation Services Name of Proposer: Proposer s Address: Proposer s Contact Person: Proposer s Telephone Number: The proposal package should be mailed, couriered, or hand delivered to the following address: City of Walnut Creek Page 8 of 52

9 City of Walnut Creek ATTN: Sarah Monnastes Human Resources Department 1666 North Main Street Walnut Creek, CA All proposals must be received by the City by 3:00 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 Laws Pursuant to the California Public Records Act (California Government Code Section 6250 et. seq.), public records may be inspected and examined by anyone desiring to do so. All submitted proposals are considered public records subject to disclosure. Financial records, including cost proposals, will not be considered confidential and are also subject to public disclosure. 2. Project Objective The need to replace the existing finance, payroll, and HR systems has been identified as a high priority for the City and is driven by the following factors: Current system relies heavily on Excel worksheets to track items the system cannot efficiently track; Current system requires duplicate data entry to accomplish various business processes; 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 to make use of newer technologies; City uses disparate systems requiring duplicate data entry to accomplish business processes; and Current system does not have user friendly/practical report creating abilities. With this RFP, the City seeks to replace its current financial software with a proven, state-of-the-art system using the latest in technologies and best practices to make the City s business processes more efficient by improving timeliness, accuracy and consistency of information, and internal operations. In addition, the City is exploring the possibility of upgrading our systems relating to business licenses and will separately evaluate these elements of any proposal received. 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 and to track project expenditures and status; Eliminate the need for manual, one-off adjustments, in payroll processing; Provide enhanced, user-friendly reporting capabilities to improve decision making; Improve and provide necessary reports and access to data through inquiry or drill down capabilities, including mandated reports for auditing; Provide online payment options for the public; City of Walnut Creek Page 9 of 52

10 Provide online portal for employees to view and submit personnel related information; Streamline business processes through automation, integration, and workflows; Promote implementation of best practice processes; Provide user friendly and intuitive user interface, to promote system use, productivity, and to minimize the need for training; Promote a paperless environment; Provide enhanced features and functionality; and Provide data integrity. In selecting a Proposer, the City is looking for a Proposer that can provide the following: A solution that supports continual innovation to implement best business practices; Long-term Proposer commitment to product improvements to keep up with best practices; Enhanced features and functionality to support operational efficiencies (i.e. workflow, selfservice, document imaging, etc.); Improved reporting and business analytics to support decision making; Access to system and approvals from mobile devices; and Cost effective annual ongoing maintenance and support costs. 3. City Background The City of Walnut Creek ( City ), California was incorporated in October 1914 under the laws of the State of California, and is run by a council-manager form of government. The major operating departments of the City are Arts, Recreation, and Community Services, Police, Public Works, Community and Economic Development, Administrative Services, Human Resources, City Attorney, and City Manager s Office. The City is recognized as the regional hub for commercial, cultural, and recreation pursuits in the East Bay. Located 25 miles east of San Francisco at the junction of two major freeways, the community of approximately 65,000 enjoys a reputation as being one of the best-planned cities in California. The City provides a wide range of services (public safety, recreation, arts, etc.) to the community and its citizens. The Finance Department ensures the safekeeping, management and accounting of the City s financial assets. The department provides City financial information to the public, the City Council, the City Manager, and other City departments. The department audits revenue sources, processes cash receipts, payroll, accounts payable and accounts receivable, administers assessment districts and other debt, invests the City s funds, prepares and monitors the City s budget, and coordinates the City s financial audits and preparation of the financial reports. The Finance Department consists of twelve staff members: Director of Administrative Services, Finance Manager, two (2) Senior Accountants, one (1) Financial Analyst, two (2) Accountant I/II, three (3) Accounting Assistants, Payroll Technician, and Revenue Collection Coordinator. The Human Resources Department provides personnel services to City departments by attracting the most talented applicants and retaining a highly skilled workforce of about 350 regular employees and 365 hourly employees who thrive in a challenging work environment. Services provided comply with employment laws, regulations, and accepted employment practices. In addition to recruitment, selection, and placement, Human Resources is also responsible for employee coaching, development and training, employee benefits and workers compensation City of Walnut Creek Page 10 of 52

11 administration, position classification and analysis, salary administration, labor negotiations, and employee/employer relations. The Human Resources Department has seven (7) staff members: Director of Human Resources, three (3) Human Resources Analysts, two (2) Human Resources Specialists and a part-time Human Resources Specialist. 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. Table 2 Current Technology Standard Technology Current Standard Database SQL 2008 R2 Server OS Server 2008 R2 Desktop OS Win 7 32 Desktop Hardware VDI Zero Clients Office Productivity Office 2010 Browser IE (10 or older), Firefox, Chrome Server/Client Exchange 2008 Virtual Environment VMWare for Servers and VDI Storage Area Network (SAN) EqualLogic Active Directory Access (2008) 4.2 Current Systems Use and Processes This section provides an overview of the current system and how it is utilized, as well as information about manual processes performed outside of the current system. The City s current financial system, Cayenta Financials (version ), a division of N. Harris Computer Corporation, is a window based server application (server 2008 R2), running in a Microsoft SQL 2008 database on an internal windows network. The City s last major financial system update was completed in October There are approximately 10 primary users in the City s Finance Division, and 77 secondary users in various other City departments. The written documentation for end-users is very technical and not updated for the customized system. New staff members have no way to learn about the system except from more experienced fellow employees. City of Walnut Creek Page 11 of 52

12 The City relies on the Current Financial System to provide the following finance functions: General Ledger Accounts Payable Accounts Receivable Payroll Budgeting (uploaded from Questica/TeamBudget) The Human Resources Department is not using the Current Financial System s HR modules. Most information is being tracked manually through spreadsheets. The City seeks a system that will automate as many processes as possible to help align the Finance and Human Resources Departments work processes with best practices related to system use. The City understands that many existing processes and procedures many need to change in order to align with the best practices methods incorporated into the proposer s solution. 4.3 Current Systems and Applications The following table, Table 3 Current Systems and Applications, provides Proposers with key information that will help promote an understanding of the current systems and applications, and how the City would like to replace and interface with those systems. Table 3 Current Systems and Applications System/Application Current Direction Financials: General Ledger Accounts Payable Accounts Receivable Cayenta Replace with ERP Grant & Project Accounting Cayenta Replace with ERP Purchase Orders Paper - Based Replace with ERP Contract Management Excel Spreadsheet Replace with ERP Cash Management Excel Spreadsheet Replace with ERP Treasury & Debt Management Excel Spreadsheet Replace with ERP Budget Questica/TeamBudget Replace with ERP CIP Cayenta/Excel Spreadsheet Replace with ERP HR/Position Control Questica/Team Budget Replace with ERP HR/Recruitment Neo-Gov Keep; interface with ERP HR/Personnel Administration Cayenta Replace with ERP Payroll Cayenta Replace with ERP Timekeeping Paper-based Replace with ERP Police Scheduling/Timekeeping Excel Spreadsheet Replace with ERP Inventory CMI Fixed Asset Accounting Replace with ERP Fixed Assets CMI Fixed Asset Replace with ERP City of Walnut Creek Page 12 of 52

13 Accounting Fleet Management Cartegraph Keep; interface with ERP Facilities Management Cartegraph Keep; interface with ERP System/Application Current Direction Business License HDL, Hinderliter, De Llamas & Associates Review; if keep, interface with ERP Permits: Planning/Building/Engineering Accela Keep; interface with ERP Code Enforcement Accela Keep; interface with ERP Document Management SIRE (Currently Going Review for HR/Finance; if Through RFP to Replace) keep, interface with ERP Cashiering Cayenta Replace with ERP Arts and Recreation Class Registration, Facility Scheduling and Rental, & Point of Sale CLASS Keep; interface with ERP Ticketing (Citations) Duncan Solutions Keep; interface with ERP Box Office Ticketing (Performing Arts) Showare Keep; interface with ERP Billing or Project Hours in Planning Timeslip Keep; interface with ERP Parking Garage Collection Laz Keep; interface with ERP 5. New System Requirements The City seeks a proven, fully integrated public sector finance, payroll, and human resources management 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: Fully integrated system where data is entered only once; All transactions processed in real-time and immediately available for inquiry and reporting; Workflow capabilities across all modules; Online payment functionality for the public; Robust audit and transaction logging capabilities; Robust security features; and Reporting that is user friendly, allowing staff to create and/or obtain reports or to export data with minimal training. 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, Proposers are required to indicate how their proposed solution meets the needs of the City using the following six (6) criteria: City of Walnut Creek Page 13 of 52

14 Criteria M C A D N/A F Definitions Meets/Exceeds. Standard and available in the current release. Software supports this requirement. No customization is required. Customization/Workaround. 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. Alternate or 3 rd Party Solution. Available with 3 rd party software application. Indicate name of the application recommended and number of installs jointly completed. Does not Meet. Does not meet requirement and requires substantial system modification. Indicate timing required and estimated cost of modification. Not available. Software does not meet the requirement. Future release. Requirement will be available in the next release. Indicate anticipated release month and year. 5.1 General System Capabilities The City seeks a New System that provides the following general system characteristics: General System Capabilities These requirements apply to all modules. List any exceptions in comments 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, Word or Adobe. 7. User-defined tables, fields, screens, reports, hot keys and business rules/workflows. 8. Ability to modify setup/configuration (i.e. set up codes, report parameters, etc.) without the assistance of the Proposer. 9. Strong internal controls and system securities. 10. Strong administrative control and ability to manage user functions at various levels. 11. Connection to and support of active directory. Capability Comments City of Walnut Creek Page 14 of 52

15 5.2 General Ledger (GL) 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 City seeks to implement a new fully integrated General Ledger module which should provide the following features: General Ledger Capability Comments 1. Fully integrated system with all other modules. 2. Flexible Chart of Accounts supporting funds, departments, division, programs, sub-programs, projects, jobs, grants, etc. 3. Allow all users access to the GL information based on security roles. 4. Recurring journal entries. 5. Automated journal entry reversals. 6. Allow journal entry import functionality from Excel or comma delimitated files. 7. Journal entry templates for efficient data entry. 8. Year-end financial statement preparation and automated year-end closing of revenue and expenditure accounts, posting of balances to subsequent year beginning balances. 9. 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). 10. Simple, clean export of data to Excel and Adobe. 11. Business analytics for quick analysis on any data tracked in the system Reporting and inquiry ability to address budget vs actual, expense reporting, journal reporting and transaction reporting 14. Support of sub-ledger 5.3 Budget Preparation and Management The New System should include a fully integrated budget module that allows for the following: Budget Preparation and Management Capability Comments 1. Decentralized data entry and import from external files. (i.e. excel integration) 2. Easy to use department interface for the development of their operating and capital budgets. City of Walnut Creek Page 15 of 52

16 Budget Preparation and Management (Continued) Capability Comments 3. Multi-level approvals. 4. Projection modeling, including payroll projections. 5. Options for seeding budget 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. Track all amendments to budget. 8. Allow individual department budgets to be promoted to the next stage, without waiting for other departments to complete their budgets. 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. Benefit modeling based on growth % projections, including COLA rates, variable benefits, fixed benefits, and other personnel related rates 11. Integrate payroll module with budget module for salary projections. 12. Use of integrated reporting and analysis tools. 13. Track and report all budget adjustments and transfer during current budget years The budget module should provide robust reporting that includes: 14. Budget vs. prior year actuals on-screen and hard-copy reporting, with soft copy reporting that facilitates trend analysis. 15. Outputs that are exportable to various file output options (particularly Excel). 16. Drill down capability from on-screen reporting. 17. Support for detailed program based budgeting. 18. Provide on-line queries including drill-down & drill across functionality for under-lying details 19. Support projection modeling for 10 years Long Term Financial Forecast (LTFF) 20. Multi-year reporting with at least 3 but preferably 10 years with two single year stand-alone budget. 5.4 Accounts Receivable/Miscellaneous Billing The City seeks to implement and 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: City of Walnut Creek Page 16 of 52

17 Accounts Receivable/Miscellaneous Billing Capability Comments 1. Integrate with Cash Receipting and GL. 2. Allow payment via ACH and online. 3. Allow the ability to reverse payment receipts (i.e. account corrections or insufficient funds). 4. 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. 5. Provide templates for various types of A/R invoices (i.e. health insurance premiums, property damage, etc.) 6. Provide departments with view only access to the A/R system (i.e. customers and balances). 7. Subject to workflow rules, automatically post to the GL and A/R. 8. Ability to allocate charges to various GL accounts. 9. Update the A/R Customer account outstanding balance with payments recorded in the Cash Receipts module automatically. 10. Track unapplied credit balances. 11. Track collections or write-off history. 12. Provide for electronic mailing of PDF statements to customers. 13. Allow for open invoice billing or statement billing. 14. Generate recurring invoices or statements and allow description change including the ability to specify the billing cycle 15. Automatically calculate late payment fees. 16. Generate late payment notices on past-due accounts. 17. Calculate scheduled rate increases (i.e. facility rents with scheduled increases). 18. Interface with permit and business license software to track invoices generated at the department level and reduce duplicate entries. 19. Provide multiple levels of control in the generation of invoices (creator, reviewer, etc.). 20. Print various accounts receivable reports (i.e. again report by fund, by invoice type, accounts forwarded to collections, etc.). 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 C/R module should: City of Walnut Creek Page 17 of 52

18 Cash Receipting Capability Comments 1. Integrate with A/R, Business Licenses and any other billing modules (e.g., HDL, Class, Showare, Accela, Timeslip.) 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 template to be used for different types of receipts. 4. Allow zero dollar entry and negative cash entry. 5. Subject to workflow rules automatically post to the GL and related modules. 6. Update the A/R and any other related modules with payments recorded in the Cash Receipt module automatically. 7. Allow for integration with remote check deposit and credit card transactions. 8. Provide for online payment options for the public to pay all bills (i.e., parking citations, Transient Occupancy Tax, business license, miscellaneous A/R, etc.). 9. Prepare deposit at end of day (subtotals for various payment types i.e., cash, checks, credit card, and direct deposit). 10. Interface with permitting software, Showare and CLASS to record revenue. 5.6 Bank Reconciliation The City Seeks to implement a Bank Reconciliation module that supports the automatic reconciliation of all banking and investment accounts. This module should: Bank Reconciliation Capability Comments 1. Integrate with all aspects of the New System that affect cash accounts (e.g., Cash Receipts, A/P, payroll, etc.). 2. Allow clearing of outstanding checks individually, in groups, or electronically by downloading from the financial institution. 3. Prepare reconciliation statement. 4. Electronically capture bank statements. 5. Transfer Funds between Accounts. 6. Easily handle the posting of bank generated transactions that have not been posted to GL. 5.7 Treasury and Cash Management The City seeks to implement an integrated Treasury and Cash Management module as part of the new system. The module should be capable of tracking all cash transactions including investments and debt service transactions. The new system should: City of Walnut Creek Page 18 of 52

19 Treasury and Cash Management Capability Comments 1. Integrate with all aspects of the New System that affect cash accounts (i.e., Cash Receipts, A/P, Payroll, etc.). 2. Allocate investment earnings based on ending cash balances in each fund. 3. Provide a daily treasurer s report showing available cash balances. 4. Automatically update GL accounts for all cash related transactions. 5. Calculate and track investment earnings and accruals. 6. Keep track of upcoming Debt Service payments to ensure prompt payment and help to determine cash flow needs. 5.8 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: Purchasing Capability Comments 1. Integrates with Accounts Payable, Fixed Assets, General Ledger, Project and Grant Accounting, and Vendor History. 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 data entry. 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. Capture internal justification, notes, or comments on requisitions that will stay with purchase orders. Internal comments should only be visible to City staff. 8. Supports approval of requisitions based on user defined pre-established business rules. 9. Electronically send (i.e. ) purchase orders to Proposers in PDF format. 10. Provides ability to restrict users to specific general ledger accounts. 11. Prevent a PO from being issued to an inactive Vendor. 12. Allows authorized user to override limits placed by the system. City of Walnut Creek Page 19 of 52

20 Purchasing (Continued) Capability Comments 13. Issues blanket purchase orders. 14. Issues confirming PO (PO that will automatically be paid since the services have already been performed, invoice attached). 15. Supports ability to roll outstanding PO s to new fiscal year. 16. Allows entering of PO for new fiscal year prior to the start of the fiscal year. 17. Allows change orders for PO s, subject to workflow approvals. 18. Generates PO s in PDF format for electronic distribution to Vendors. 19. Allows departments to generate PO s if all business rules are met. (Finance will determine who should be allowed this feature). 20. Supports imagine and archiving of purchasing related documents generated by the system. 21. Ability to track informal and formal bidding process and compliance with local purchasing preference and integrate the award of bid with contract management and issuance of a PO. 22. Vendor portal where Vendors can enter, view and update their information, verify status, submit proposals or bids, etc. 5.9 Accounts Payable The City seeks a fully integrated Accounts Payable module that allows invoices to be entered directly into the system by the departments. The software should include: Accounts Payable Capability Comments 1. Integrate with Fixed Assets, General Ledger, Projects and Grants modules. 2. Provide electronic workflow approvals for invoice payments. 3. Allow for invoice processing without issuing a PO. 4. Verify budget availability during data entry and/or invoice creation. 5. Allow departments to scan invoices and supporting documentation into the system and index efficiently. 6. Track where the invoice is in the payment process. 7. Automate check signature process and printing subject to workflow rules. 8. Post approved invoices to AP and the GL upon approval. 9. Allow selection of open invoices for payment. City of Walnut Creek Page 20 of 52

21 Accounts Payable (Continued) Capability Comments 10. Notify the initiating department when the invoice has been paid (if marked with such instruction in the transaction by the requestor). 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 per Vendor. 15. Allow payment of multiple invoices from a Vendor with a single check and generate a remittance advice. 16. Provide accounting for deposits and retention based payments. 17. Automatically calculate payment discounts. 18. Dashboards for quick review of AP data and statistical analysis (i.e., outstanding PO, 1099 venders, current PO balance etc.). 19. Automatically identify and flag invoices for which the amount due or payment terms are not consistent with contract or other provisions 20. Generate ACH and alternative payment options that interface with bank for processing. 21. Capture an image of the check and attach it to the Vendor record. 22. View the purchase order image, invoice image, and check image in Vendor inquiry. 23. Include the address and web site address in the Vendor master record. 24. Allow departments to view Vendor detailed payment history (i.e. see all PO s outstanding and payments made). 25. Support CA EDD reporting requirements for independent contractors. 26. Provides Form 1099 reporting meeting all federal and state requirements. 27. Allow reporting for payments by Vendor for specified time frames. 28. Vendor portal where Vendors can view bills, remit payment, etc Contracts Management The City seeks to implement an integrated Contracts Management module that allows every aspect of a contract to be tracked. The software should include: City of Walnut Creek Page 21 of 52

22 Contracts Management Capability Comments 1. Integrate with Requisitions, PO s, AP, Grants, Capital Projects, Insurance Certificate and document imaging. 2. Verify budget availability during data entry. 3. Allow for multi-year contracts. 4. Provide electronic workflow approvals for contract changes. 5. Track all aspects of a contract (i.e., terms, due dates, deliverables, quantities, milestones, etc.). 6. Initiate payment request based on completion of milestone and rout for approval. 7. Generate notification based on contract expiration date. 8. Monitor the status of contracts and generate notifications based on City-specified criteria. 9. Make contract management and reporting an efficient process Human Resources The City seeks to implement a Human Resources module as part of the New System. The Human Resources module should: Human Resources Capability Comments 1. Incorporate Position Control. 2. Make extensive use of table-based salary maintenance schedules. 3. Provide self-service online options supporting W-4 changes, time-off requests, cash-out requests, employee profile changes, beneficiary changes, subject to workflow rules. 4. Provide workflow and self-service options for open enrollment process. 5. Provide workflow approvals for time-delayed actions/events (i.e., compensation that begins after a specific number of hours). 6. Track certifications and licenses including expiration date. 7. Provide the ability to specify required certifications by job title. 8. Support employee photo/profile management and integrate with Outlook and employee directory. 9. Support automatic notifications of upcoming salary step increases. 10. Provide Employee Event tracking to manage performance evaluations, certifications, and salary increases. 11. Provide organization charting capabilities. City of Walnut Creek Page 22 of 52

23 Human Resources Capability Comments 12. Provide enrollment to, and tracking of, training opportunities for employees. Ability to run reports on completed training, provide alerts for mandatory training needed and/or expiration dates. 13. Provide tracking and reporting for employees on medical leave and/or workers comp leave. 14. Provide reports to determine FMLA eligibility (which is primarily based upon hours worked, excluding certain leave types). 15. Provide reports to determine employees who are eligible to enroll in Affordable Care Act (ACA) after their initial measurement period, and during the standard measurement period. 16. Provide workflow for the above tracking and reporting functionalities such as performance evaluation, FMLA, etc., wherein s are sent to the HR administrator, employees, and their supervisors. 17. Provide an online portal for employee access to personnel forms, MOUs, policies and procedures, Injury Illness and Prevention Program (IIPP), personnel manual, salary schedule, benefit information, etc. 18. Provide an online portal for employees to compare benefit plans, enroll/change benefit elections, enter life events, update beneficiaries, etc. 19. Provide reporting of all annual EEO data (i.e. employee race, gender, ethnicity, etc.). 20. Provide an electronic Employee Performance Review process. 21. Provide benefits administration capabilities. 22. Provide COBRA billing capabilities. 23. Provide tracking for grievances and disciplines Time and Attendance The City seeks an electronic time tracking and attendance tool that facilitates the payroll process. The Time and Attendance module should: Time and Attendance Capability Comments 1. Support various methods of time card entry (i.e. online, time clock, workstation, etc.). The City does not plan on using time clocks at this time but wants a system that can support such an interface. 2. Use electronic workflow for review and approval of timecards. City of Walnut Creek Page 23 of 52

24 Time and Attendance (Continued) Capability Comments 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 simplify 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 holidays and roll-out organizationwide by employee groups. 12. Support multiple schedules (i.e. 4/10, 9/80, 96/120, etc.). 13. Track vacation, sick, administrative time and other benefits. 14. Enable supervisors to modify time reports as needed. 15. Enable next-tier manager to approve time sheets for a supervisor. 16. Timekeeping that can produce Daily Hours worked Report per EDD request. 17. Allows for approvals to be entered from mobile device. 18. Alert employee and supervisor when timesheet being approved is under scheduled hours total (because employee would then need to enter leave without pay or other hours to equal schedule) Payroll The City seeks to implement a full-featured payroll system that is capable of accurately processing payrolls comprised of multiple employee groups, varying work week periods, and varying pay and benefit calculations.. The Payroll Module should have the ability to: City of Walnut Creek Page 24 of 52

25 Payroll Capability Comments 1. Calculate payroll in accordance with all federal and state requirements including FLSA (See Item 28 for notes on FLSA for PD). Calculate payroll to include specific deduction codes for a particular pay period. Ability to review final payroll calculations and make changes as necessary prior to finalizing payroll. 2. Calculate payroll in accordance with City employment contracts. 3. Ability to enter negative amounts to correct prior earnings and deductions. 4. Ability to calculate retro pay for an employee s salary and other miscellaneous earnings that may be affected. 5. Support multiple earnings codes by group designating the types of earnings such as regular salary, overtime, miscellaneous earnings, etc. 6. Ability to mass populate changes in salary, benefits, or deleting payroll codes. 7. Support multiple deductions codes by group with parameters such as taxability, maximum amounts, how deduction is calculated (I.e. based on regular earnings or to include overtime, etc.) 8. Provide payroll calendar dictating when certain earnings & deduction codes should run. 9. Provide retirement plan loan balance tracking capabilities. 10. Allow multiple wage rates for same employee. 11. Ability to handle payroll for employees with payroll status change occurring during mid-pay period. 12. Ability to track reports such as Compensated Absences, DE34 New Hire, ACA Monitoring, Worker s Compensation, and PERS 1000 hours tracking reports. 13. Calculate and report payroll using required CalPERS reporting elements. 14. Ability to code certain pay types as, Subject to PERS or Not subject to PERS. 15. Support Public Employees Pension Reform Act (PEPRA) requirements for alternate benefit offerings. 16. Provide an Employee Self-Service module for employees to enter timecards, review previous payroll information, W- 2 s, dependent information, leave balances, and other relevant employee information. 17. Provide an Employee Self Service module for employees to enter direct deposit information, W-4, and DE4 changes. 18. Integrate Payroll with the HR, GL, A/P, Budget, and Project and Grant Accounting modules. City of Walnut Creek Page 25 of 52

26 Payroll (Continued) Capability Comments 19. Ensure that all payroll related costs (i.e., taxes and benefits) can be allocated to Projects and Grants. 20. Track all compensation elements necessary for the annual compensation report to State Controller Also track compensation and deduction elements for Bay Area News Group/Public Records Act requests. 21. 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 and their hours charged. 22. Generate paychecks, direct deposit advices (supporting deposits across multiple accounts on a single check), EFT files, and related positive pay files. 23. Support check and direct deposit advice imaging, sharing and archiving. Provide security for employee online viewing of direct deposit advices. 24. 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. Ability to report by fiscal year, calendar year and access prior fiscal and calendar years in the same report. 25. Prepare CalPERS files and reports (evidenced by multiple California references) and support upcoming CalPERS changes. Prepare direct deposit files per Bank requirements, ICMA files and Flexible Benefit Files. (Any files requiring specific formats that will be submitted electronically). 26. Support time entries for projects and grants. 27. Allocate payroll costs and associated benefits to multiple accounts per employee based on time card entry allocation of hours, or based on budget. 28. 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. 29. Generate all State and Federal quarterly and annual payroll regulatory reports. 30. Automatically update State and Federal tax rates, withholding, etc. 31. Defines leave accruals by employee group or individual designation and ability to track these multiple leave types. Ability to make individual exceptions to leave accruals that will calculate automatically. City of Walnut Creek Page 26 of 52

27 Payroll (Continued) Capability Comments 32. Alert employees/supervisor that leave accrual cap has been reached. 33. 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.). 34. Withhold and remit all garnishments (via EFT/ACH) to the appropriate governmental agencies per pay period based on various withholding options. 35. Calculate garnishments based on various withholding options including the maximum amount. 36. Prepare and remit annual W-2s to the appropriate agencies and provide paper and electronic copies to the City. 37. Run reports by employee on various earning types by period (e.g. monthly, quarterly, annually, by fiscal year). 38. 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. 39. Support Police department payroll, schedules, time & attendance. Support specific requirements for PD FLSA calculations per Mediation in Support ability to automatically suspend leave accruals for employees while on authorized leave without pay and/or worker s comp. leave. 41. Supports ability to generate special checks such as manual, on-site payroll checks. Ability to cancel and/or recreate previously issued checks. 42. Ability to mass populate changes for COLA, salary, flex allowance, etc., by employee groups (e.g. update flex allowance from $500 to $50 for employee group ABC). 43. Ability to create mass change templates for various global changes. 44. Ability to have different EDD Unemployment Insurance numbers and rates and generate separate unemployment reports by EDD number. 45. Ability to calculate value of Excess Life Insurance which will be reported on W-2. (see item 6 referring to deduction codes) 46. Calculate eligibility for General Leave Buyback per MOU requirements and notify employees of eligibility. 47. Ability to generate Form 1094C and 1095 to IRS and employees per the 2015 Affordable Care Act for employer provided health insurance. 48. Automated check reconciliation via bank import file. City of Walnut Creek Page 27 of 52

28 Payroll (Continued) Capability Comments 49. Integrates with Human Resources module for updates to various education and certifications for specialty pays (i.e. HR module reflects an associate college degree with 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: Project and Grant Management Capability 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. 3. Provide grant accounting reports that cover multiple years. 4. Provide 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. Provide budget-vs-actual reporting. Including, the life of the grant, year-to-date, or other custom date options. 6. Ability to 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 for project revenue and expenditures over multiple years. 10. Ability to track multiple revenue funding sources for each capital project and set priority of which funds are used first or for specific expenditure line items. 11. Support the import and export project data (excel, PDF) 12. Provide robust revenue and expenditure tracking abilities for current projects Fixed Assets The City seeks to implement a fully integrated Fixed Assets module that should: City of Walnut Creek Page 28 of 52

29 Fixed Assets Capability Comments 1. Integrate with AP and GL. 2. Allow AP 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. Allow users to add additional information to fixed asset record after purchase. 5. Calculate depreciation which will post directly to GL subject to workflow approvals. 6. Provide all GASB 34 required fixed asset reports. 7. 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. 8. 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 serval pieces of audio/visual equipment working together as a system while individually they have no function. 9. Allow system to track non-capitalized items for inventory control. 10. Record and track disposal of assets including the recognition of any revenue realized through disposal. 11. Allow users to have view only access to fixed assets module Business Licenses As part of a fully integrated system the Business License module should: Business Licenses Capability Comments 1. Provide multiple licensing periods (i.e. annual and quarterly). 2. Provide multiple business classifications (i.e. professional services, retail, etc.) and be able to upload existing list 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. City of Walnut Creek Page 29 of 52

30 Business Licenses (Continued) Capability Comments 8. Provide ability to annual renewal notices. 9. Allow for workflow approvals based on business rule (i.e. planning, building, fire, and police). 10. Provide view-only access to departments with confidential information hidden. 11. Allow customers to print renewal forms with account and pin numbers. 12. Provide support for online applications Document Imaging The document management capabilities integrated into the New System should provide the following basic capabilities: Document Imaging Capability Comments 1. Provide PDF type images of documents created by the system including PO s, payroll checks, AP checks, W2 s, 1099 s, etc. 2. Must be able to attach documents across all modules and for all transactions. 3. The images should be available by individual record; for example, an individual's paycheck and not the entire check run for the pay period. 4. Allow manually scanned images to attach to appropriate transaction records. The module should prompt for scanned attachments. 5. Conform to records management requirements including retention schedules. 6. Provide drill-down ability for the user to view related documents associated with financial, payroll, and personnel transactions. For example, Proposer inquiry should provide the ability to view images of AP checks, associated PO s, the requisition and associated manually scanned documents including bids and packing lists. 7. Provide system coordination to allow batch processing of images. For example, allow AP invoices received to be scanned in a batch and then associated with each PO. 8. Capture data upon scanning wherever possible to minimize keying in of data. 9. Allow the document imaging system to be used for nonfinancial record-keeping. 10. Allow custom set-up of personnel file structure. 11. Ability to restrict personnel file view to specific files based on roles (e.g. supervisor view, employee view, etc.). City of Walnut Creek Page 30 of 52

31 5.18 Dashboard/Reporting The City seeks to obtain a robust reporting capability to support the Finance, Payroll, and Human Resources functions. The New System should provide the following reporting features: Dashboard/Reporting Capability Comments 1. Export data to various formats (i.e. Excel, HTML, PDF, etc.) 2. User-friendly report writer. 3. Ability to create user-defined reports using real time data. 4. Ability to share reports within the system. 5. Ability to run and distribute reports. 6. Ability to set-up reports to run on a prescribed schedule. 7. Provide easy to use Business Analytics to expand the reporting capabilities. 8. On screen dashboard analytics (e.g., financial information, employee information, staffing levels) that are easy to create and customize by the users. 9. Ability to drill down from the dashboard on displayed information. 10. CAFR preparation. 11. GASB 34, GASB Pension & GASB Fund Balance Reporting. 12. ACA reporting System Audit and Security 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 date/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 Proposer that is very secure in such e-commerce and database management and that is in compliance with all regulatory requirements concerning the use of e-commerce. Please fully describe the New System s security and audit capabilities 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: City of Walnut Creek Page 31 of 52

32 Workflow Capability Comments 1. Track transactions submitted for approval and review with the date/time stamp. 2. Workflow available across all system modules. 3. Automate approval notification both at the system level and via the City s system. 4. Integrate with the City s system to assist in the notification and approval steps. 5. Implement best practice workflow templates for all core financial, payroll, and personnel transactions (i.e. payable processing, purchase orders, GL transaction approval, personnel actions, payroll processing, etc.). 6. Create custom workflows based on City business rules. 7. Ability to set workflow by group, by department, by division, by reporting relationship and by person, depending on the business need. 8. 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.). 9. The ability to perform approvals on mobile devices 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 requirements for their software, but more importantly the optimal requirements for best use of their software. 6. Proposal Submission Requirements 6.1 General Instructions 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. City of Walnut Creek Page 32 of 52

33 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 Section 9 Additional Information 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 not contain extraneous information. All information presented in a proposal must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not incorporated into the body of the proposal itself, must be referenced to the appropriate place within the body of the proposal. Any information not meeting these criteria will be deemed extraneous and will not be factored into the evaluation. Proposals should be prepared on 8 ½ x 11 paper and printed on two (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, Federal Identification Number (EIN) and corporate structure: Identify if the Proposer is a subsidiary of a larger company. If so, whom? 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 ten (10) years; Statement of the Proposer s credentials to deliver the services sought under the RFP; City of Walnut Creek Page 33 of 52

34 Identify any mergers, acquisitions, sales or other reorganization(s) of the Proposer company within the last five (5) years (if so, an explanation providing relevant details). Statement indicating the proposal remains valid for at least 180 days; 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 two (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. The Executive Summary should be concise and brief and not exceed five (5) pages Section 2 - Company Background This section of the proposal should briefly identify the following: 2.1 A brief description of the Proposer s background and organizational history; 2.2 A statement of how long the Proposer has been performing the services required by this RFP; 2.3 Identify the location of headquarters, technical support, and field offices; 2.4 Identify the location of office which would service the City; 2.5 Identify the number of employees by the follow 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 three (3) company fiscal years. It is acceptable to include this information as an appendix in the proposal. The company background section should not exceed three (3) pages. City of Walnut Creek Page 34 of 52

35 6.2.5 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: 3.1 Describe the Proposer s familiarity with public sector ERP systems and associated business processes, and experience with the requirements of the State of California and California Public Employees Retirement System (CalPERS); 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. The Company Qualifications section should not exceed three (3) pages Section 4 References The Proposer must provide at least five (5) references with at least three (3) of the references for systems that have been implemented in the last five (5) years. The City prefers references from California municipal agencies of similar size and complexity to the City. For each reference, Proposer must provide the following information: 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 4.7 Implementation cost. In addition to the above referenced list, the City desires each Proposer to identify which of their California-based municipal clients are fully utilizing the system and to demonstrate how those clients have implemented their software to its fullest capability and creatively structured processes around the system to make their business processing and customer service highly effective and efficient. For each proposed module, the City expects the Proposer to list their top client that uses that module to its fullest extent in a table that shows the following information: Module name; Agency name and contact information; Brief description of why that agency stands out in its use of the module Section 5 Proposed Solution In this section of the proposal, the Proposer should identify the proposed solution up to and including the following: City of Walnut Creek Page 35 of 52

36 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 using a format similar to this: Major Version # Software Name at Time of Release Date of General Release Programming Language & RDBMS Platform % of Total Customers Operating on this Release (should add up to 100%) 5.2 Provide a written response to each area identified in Section 5 of the RFP (i.e., RFP Section ). The first sentence of each requirement response should clearly indicate whether the Proposer s proposed solution meets, does not meet, or would require customization/3 rd party solution. 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. If additional product information is used, please reference the document and page number. 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, Proposers are encouraged to request a Word version of the RFP from which Section can be cut out to use as the response with the rating. The document can be used in landscape mode to make it easier. 5.3 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. Include a description of the features and functions of each additional proposed module 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 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 biographies for the project manager and other key assigned personnel indicating their experience with the modules that they will be working on. City of Walnut Creek Page 36 of 52

37 6.3 Provide a detailed work plan that identifies major activities, tasks, deliverables, and resources. The work plan should assume the project dates as outlined in section 1.2. 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. If Proposer cannot meet the go live date as outlined in section 1.2, or recommends a different timeframe, please explain the rationale. 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 initially converting only static data needed to make the system operational. Any GL data to be converted would be done after the system goes live and the audit is complete for the fiscal year ended June 30, Conversion of historical transactions will be considered on a module by module basis based on value received from data conversion. The objective is to convert only data needed to get the system operational. 6.6 Describe your conversion methodology that would be used to implement the New System. In addition, provide your recommendations for data conversion. 6.7 Describe your training methodology and how you ensure users are prepared to use the New System Section 7 Other Requirements In this section of the proposal, the Proposer 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 Describe proposed service level metrics and commitments; 7.3 Describe security and backup and disaster recovery processes and procedures. 7.4 Discuss the Proposer s philosophy and approach for ongoing research and development to advance the proposed solution and ensure it remains current to evolving technologies and standards. 7.5 Describe the Proposer s configuration and change management processes. For the purpose of the Proposer s response to the RFP, configuration management is the management of every aspect of a configuration from beginning to end (i.e. identification, planning, change control and management, release management and maintenance). Change management refers to standardized methods and procedures for handling of all changes to production hardware/software to minimize disruption. 7.6 Identify all types of user education and support provided (e.g. on-line help, user groups, and user conferences) including cost structure. City of Walnut Creek Page 37 of 52

38 7.7 Provide hardware, software, and database requirements for the New System. Describe everything that will be needed for the New System to function optimally Describe the frequency that software and application patches and releases have been made available within the past two (2) years in a table similar to the one below. In addition, clearly identify the roles and responsibilities of the City to complete updates. Release Year Service Packs (or equivalent) Patches, Hot Fixes (or equivalent) City Roles & Responsibilities Section 8 Pricing The City seeks to understand all costs associated with the implementation and ongoing maintenance of the proposed system during implementation and during five (5) years of maintenance. The City would like to know the cost by module wherever possible. In this section, the Proposer must summarize, utilizing the template provide in Appendix B, all costs associated with software licensing and maintenance costs, implementation services (including data conversion), 3 rd party products needed for new system, professional 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 five (5) years of annual maintenance fees. The Proposer s Cost Proposal must identify all costs required to complete a successful implementation to include at least the following: 1. One-Time Costs Implementation Services; (If various price options/service levels of support exist, please include all available levels) o Software installation and configuration; o Consulting; o Training; o Project management; Software licensing; Data conversion; Integration and connectivity to other systems; 3rd party products required for New System (i.e. software, hardware); Consultant travel; Other one-time costs; City of Walnut Creek Page 38 of 52

39 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 five (5) years Section 9 Additional Information In this section, the Proposer is required to provide the following materials: Example of the user and administrative manuals; Example of a training manual; Any proposed software licensing and maintenance and support agreements. 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 City is seeking proposals that substantially meet the minimum requirements as outlined in Section 1.1 of this RFP. Only those proposals that meet or exceed the intent of the requirements outlined in Section 1.1 will be further evaluated. We reserve the right to exclude any proposal not providing this functionality. 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, 2016 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 cost of ownership and operation; Perceived risk or lack thereof; Company financial stability; Experience with similar size clients in terms of users, population, city services, financial and workforce complexity; Ease in maintaining the system, frequency of fixes, cost of custom reporting needs; Ease and cost of upgrading versions; Reference checks for each application proposed; Results of interviews, demonstrations, and/or site visits; Ability to prepare and execute a contract in a timely manner; Demonstrated commitment to on-going system development to remain current with evolving best practices and changing technologies. The proposal evaluations 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 the demonstrations. The City reserves the right, at its sole discretion, to request clarification 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 City of Walnut Creek Page 39 of 52

40 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 discussions, the Proposer shall put such clarification in writing. The City s ultimate acceptance of any proposal and its award of any contract will be based on a combination of the above-referenced evaluation criteria and the Evaluation Committee s determination of the best overall value for the City. Contract award is contingent upon the successful negotiation of final contract terms. 8. General Requirements 8.1 Collusion By submitting a response to the RFP, each Proposer represents and warrants that its response is genuine and is 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 benefit of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City s contracted program or activities on the grounds of disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or California State Constitution 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 City of Walnut Creek Page 40 of 52

41 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 1.6). After withdrawing a previously submitted proposal, the Proposer may submit another proposal at any time up to the deadline for submitting proposals. 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 may be determined non-responsive, and the proposal may be rejected at the City s sole discretion. 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 Proposer 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 services associated with this RFP offshore (outside the United States) without the prior written consent of the City as to the specific manner of such performance or use 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 Proposer s key staff. Proposer s staff may be subject to the City s background and drug testing processes at any time. City of Walnut Creek Page 41 of 52

42 8.11 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, including, but not limited to, a City of Walnut Creek Business License. The City may require any or all Proposers to submit evidence of proper licensure 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 reference checks, interviews, and demonstration, 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 Proposer Execution of Contract 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. City of Walnut Creek Page 42 of 52

43 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 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, (California Government Code 6250 et. seq.). By submitting a proposal, the Proposer acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection. Each Proposer should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish that the information, which a Proposer submits, is a trade secret. If a request is made for information marked confidential, the City will provide the Proposer who submitted such information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction 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 are determined by the City to be exempt from disclosure under the California Public Records Act. Each Proposer may clearly label part of the 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 information labeled CONFIDENTIAL is received by the City, the City will notify the Proposer of the request and delay access to the material until seven (7) working days after notification of 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. City of Walnut Creek Page 43 of 52

44 8.20 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 Warranty The selected Proposer will warrant that the proposed solution will conform in all material respects to the requirements and specifications as stated in this RFP, and as demonstrated during the evaluation process. 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 on the City unless and until it is approved by the City Council and executed by authorized representatives of the City and of the Proposer. City of Walnut Creek Page 44 of 52

45 Appendix A Standard Service Agreement Terms and Conditions It is recognized that the formal basis of any agreement between the City and the Proposer 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 as presented on the following pages. The RFP, Proposer s proposal, and interview/demonstration results will become part of the agreement between the City and the successful Proposer. The winning Proposer will be expected to accept these terms and conditions unless they otherwise take exception in their proposal. City of Walnut Creek Page 45 of 52

46 City of Walnut Creek MASTER CONSULTANT SERVICES AGREEMENT (for Enterprise Resource Planning Software and Implementation Services) THIS AGREEMENT is entered into on, 201 between the City of Walnut Creek, a California municipal corporation ( City ), and ( Consultant ). RECITALS A. The City wishes to contract for the provision of professional engineering design services, as described by each Task Order. B. Consultant has the skill, experience, ability, background, certification and knowledge to provide the services. Consultant qualifications have been reviewed and accepted by the City. Consultant desires to perform such professional services under agreement with the City. NOW, THEREFORE, in consideration of the terms and conditions contained in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Subject to the terms and conditions set forth in this Agreement ( Agreement ), Consultant shall provide the professional engineering design services as described in each Task Order provided by the City and coordinate activities so the project that is the subject of each Task Order is completed according to the City s requirements. a. Task Orders. It is understood and agreed that each Task Order shall list the scope of services to be performed, the schedule for performance, any special conditions, and the form and conditions of compensation for services. A Task Order is effective only when signed by Consultant and the City Manager and Administrative Services Director, or their authorized representatives. The City shall designate a representative who shall be fully acquainted with the project and have authority within the limits of City policy to render decisions promptly. The City will cooperate with Consultant and provide reasonable access to the site. Upon written request, the City shall provide all reasonably available information including reports, preliminary plans, maps, surveys, and other related information regarding its requirements for a project that is the subject of a Task Order. Consultant may reasonably rely on the accuracy and completeness of the information provided. b. Performance. Consultant shall perform the services described in the Task Order. The time of performance of the services under this Agreement is important to the City, and all time deadlines identified in the Task Order shall be strictly construed. 2. Compensation and Payment. a. Compensation. As consideration for services, City agrees to pay Consultant, and Consultant agrees to accept from City as full compensation for the services, a fee that does not exceed the total budgeted amount detailed in each Task Order. Consultant is under no obligation to provide continuing services for a Task Order when the fee reaches the budgeted amount, unless the Task Order is amended to reflect an increased amount. Each Task Order may reflect either a fixed fee amount or an hourly rate. The rates shall include all direct and indirect charges to each City of Walnut Creek Page 46 of 52

47 Task Order, except as noted in the Task Order. If Consultant uses sub consultants, those services shall be invoiced at cost plus a percentage as indicated in the Task Order. Consultant may revise the hourly rate schedule yearly, to take effect on the first day of January. b. Payment. Consultant shall bill City monthly, and City agrees to pay the invoice within 30 days of receipt (with no retention withheld). Each payment shall be for the invoiced amount, with no retention. Consultant reserves the right to assess a 1 ½ % per month (18% per year) service charge on any unpaid balances over 60 days. 3. Term; Termination. a. Term. This Agreement shall begin upon execution by both parties and remain in effect until terminated by either party, under subsection b. b. Termination. Either party may terminate the Agreement by giving seven days written notice to the other party. If City sends a termination notice, Consultant shall stop work at the stage directed by the City, and shall deliver all drawings, specifications, and documentation developed as of that time. Consultant shall accept as full payment either: (i) if the Task Order indicated an hourly rate, payment based on the hours worked up to the time of termination; or (ii) if the Task Order indicated a fixed fee, a pro rata share of the total Agreement based on the portion of work actually performed. 4. Professional Efforts; Responsible Personnel. Consultant shall perform all services required under this Agreement in the manner and according to the standards observed by a competent Bay Area practitioner of the profession in which Consultant is engaged. All products that Consultant delivers to City shall be prepared in a substantial, worker-like manner, and conform to the standards of quality normally observed by a person practicing in Consultant s profession. The City shall be the sole judge as to whether the product of the Consultant is satisfactory. Consultant shall be liable and, upon demand, shall reimburse City for additional costs incurred by the City as a result of Consultant s errors or omissions. Consultant makes no other warranty, express or implied. Consultant represents that it and its employees are fully qualified to perform the services under this Agreement. Consultant represents and warrants to the City that Consultant has, and at all times during the performance of this Agreement shall, maintain all licenses, permits, qualifications, and approvals that are required for Consultant to practice Consultant s profession. Consultant shall assign only competent personnel to perform services under this Agreement. If the City, in its sole discretion, at any time, desires the removal of any person or persons assigned by Consultant to perform services under this Agreement, Consultant shall remove any such person immediately upon receiving notice from the City. Consultant shall, at its sole cost, expense, and liability; furnish all facilities and equipment that may be required for furnishing services under this Agreement. 5. Independent Contractor. Consultant, its agents, employees and independent contractors are and shall at all times remain as to the City wholly independent contractors. Neither the City nor any of its officers or employees shall have any control over the manner by which the Consultant performs this Agreement and shall only dictate the results of the performance. Consultant shall not represent that Consultant or its agents, employees or independent contractors are agents or employees of the City. Consultant is responsible for the payment of all taxes, workers compensation insurance and unemployment insurance. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City s employees, and Consultant hereby waives any claim it may have to any such rights. City of Walnut Creek Page 47 of 52

48 Except as the City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the City or to bind the City to any obligation. 6. Interest of Consultant. Consultant (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 geographical areas likely to be covered by this Agreement, or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant s services under this Agreement. Consultant further covenants and represents that, in the performance of its duties; no person having any such interest shall perform any services under this Agreement. If Consultant is determined to be a Consultant or a designated employee within the meaning of the Political Reform Act, Consultant will comply with the requirements of that Act by submitting a Statement of Economic Interest Form 700. (2 Cal. Code of Regs (a)(2).) 7. Accounting Records. The Consultant agrees to maintain all records and other evidence pertaining to costs incurred and work performed under this Agreement, and shall make them available at the Consultant s office during the Agreement period and thereafter for a period of three years from the date of receipt of final payment. 8. Ownership of Documents and Data. All data, maps, photographs, and other material collected or prepared under this Agreement, and all documents of any type developed or obtained by Consultant in the performance of this Agreement, shall become the property of the City. Any re-use of designs without Consultant's written authorization will be at the City's risk. 9. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant s performance or failure to comply with obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of the City. In this section, City means the City, its officials, officers, agents, employees and volunteers; Consultant means the Consultant, its employees, agents and subcontractors; Claims includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein) and any allegations of these; and Arising out of includes pertaining to and relating to. (The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code ) The provisions of this section survive completion of the services or the termination of this contract, and are not limited by the provisions of Section 10 relating to insurance. 10. Insurance. Consultant shall procure and maintain at its sole cost for the duration of this Agreement the following insurance: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001). City of Walnut Creek Page 48 of 52

49 (2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). (3) Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. (4) Errors and omissions/professional liability insurance for all design professionals such as architects, landscape architects or engineers. than: b. Minimum Limits of Insurance. Consultant shall maintain policy limits of no less (1) General Liability: $2,000,000/$1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be double the aggregate, with completed operations coverage. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Worker s Compensation and Employers Liability: Worker s Compensation limits as required by the Labor Code and Employers Liability limits of $1,000,000 per accident. (4) Errors and Omissions/Professional Liability: $1,000,000 per claim and annual aggregate. If Consultant maintains higher limits than the minimum required by this contract, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. c. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverage. (a) The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. (b) Consultant s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance City of Walnut Creek Page 49 of 52

50 or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Consultant s insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. (d) Consultant s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer s liability. (2) Worker s Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Consultant for the City. (3) Errors and Omissions/Professional Liability Coverage. Consultant s insurance shall include minimum Extended Reporting Period Coverage of three years. e. Acceptability of Insurers. Insurance is to be placed with insurers with a Best s rating of no less than A: VII. f. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 11. Miscellaneous provisions. a. Notice. Any notice to be given under this Agreement shall be given by enclosing it in a sealed envelope, first-class postage prepaid, and depositing it in the United States mail, addressed to the party at the following address. Notice shall be deemed received three business days after mailing, or upon personal delivery. CITY: City of Walnut Creek Attn: Jeff Mohlenkamp, Administrative Services Director 1666 North Main Street Walnut Creek, CA CONSULTANT: b. Assignment. This Agreement contemplates the personal services of Consultant and its employees and it is understood by both parties that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. Consultant shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the City. City of Walnut Creek Page 50 of 52

51 c. Business license. Consultant shall obtain a City business license before beginning work under this Agreement. d. Prohibited Interests. No officer or employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the option of the City if this provision is violated. e. Governing Law; Litigation Expenses. California law shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of Contra Costa, California. f. Incorporation. The Preamble, the Recitals, Exhibits and all defined terms set forth in both are incorporated into this Agreement by this reference. If there is a conflict between the body of this Agreement and an exhibit prepared by Consultant, the body of the Agreement shall control. g. Severability. Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. h. Authority. All parties executing this Agreement represent and warrant that they are authorized to do so. i. Entire Agreement; Amendments. This Agreement is the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be amended only by written agreement signed by both parties. j. Non-waiver. A party's waiver of any term shall not be deemed a continuing waiver or a waiver of any other term. k. Counterparts. This Agreement may be executed in counterparts. 12. Signatures. CITY OF WALNUT CREEK By: City Manager By: Administrative Services Director CONSULTANT By: Its: Date: Reviewed by: City Attorney City business license # City of Walnut Creek Page 51 of 52

52 Appendix B RFP Pricing Template Please complete the attached excel spreadsheet, Appendix B - RFP Pricing Template, when responding to section Pricing. City of Walnut Creek Page 52 of 52