HomeMy WebLinkAboutReso 86-20 Approving a Software Services Agreement with OpenGov Inc.Reso No. 86-20, Item 4.3, Adopted 09/01/2020 Page 1 of 2
RESOLUTION NO. 86 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A SOFTWARE SERVICES AGREEMENT WITH OPENGOV INC.
WHEREAS, the City prepares an annual operating and five-year capital improvement
program budget; and
WHEREAS, enhancing citizen online interaction and transparency is one of the City’
Council’s strategic objectives; and
WHEREAS, the City seeks a modern and efficient software that would enhance the City’s
financial system, support a more robust budget development and financial reporting platform , and
generate financial and non-financial reports and to share them with the public; and
WHEREAS, Chapter 2.36 of the Dublin Municipal Code establishes the procedures for
contracts and purchasing, which require City Council approval for procurement of goods and
services in excess of $45,000 via a competitive bidding process ; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for an exception
to the competitive bid process when another public agency has administered a competitive
bidding process and has a current valid agreement for the same or substantially similar consultant
or professional services, general services, supplies or equipment ; and
WHEREAS, Staff is utilizing the City of Milpitas Request for Proposal (RFP #2351) dated
July 3, 2019 agreement approved on October 15, 2019, to select OpenGov Inc. as the most
qualified software services firm to provide the financial planning, reporting, and citizen
engagement services that the City seeks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approves a software services agreement with OpenGov Inc. attached hereto as Exhibit
A.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to amend
the agreement for an additional $35,000 in the event additional services are necessary and
execute future software services agreement renewals after the five-year agreement term as long
as the City continues utilizing the software.
PASSED, APPROVED AND ADOPTED this 1st day of September 2020 by the following
vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Reso No. 86-20, Item 4.3, Adopted 09/01/2020 Page 2 of 2
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
OPENGOV SOFTWARE SERVICES AGREEMENT
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation
with a principal place of business at 955 Charter Street, Redwood City, California 94063 ("OpenGov") and the
customer listed on the signature block below ("Customer"), as of the date of last signature below (the "Effective
Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted
software services.
DEFINITIONS
"Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for
example, by email or through Customer's software systems of record). Customer Data shall not include any
confidential personally identifiable information.
"Documentation" means the documentation for the Software Services at the Customer Resource Center page
found at https://opengov.zendesk.com.
"Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding
the Software Services provided by Customer to OpenGov, including feedback provided through online developer
community forums.
"Initial Term" means the initial license term specified in number of years on the Order Form, commencing on
the Effective Date.
"Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights
associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark
and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in
intellectual property of every kind and nature.
"Order Form" means OpenGov's Software Services order form that: (a) specifies the Software Services
provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both
parties.
"Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the
Initial Term, for which this Agreement is extended pursuant to Section 7.2.
SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially
reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov
and Customer ("Software Services").
2.2 Support. Customer support is available by email to support@opengov.com or by using the chat messaging
functionality of the Software Services, both of which are available during OpenGov's standard business hours.
Customer may report issues any time. However, OpenGov will address issues during business hours.
2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as
implementation services, then these professional services will be described in a statement of work ("SOW") agreed
to by the parties (the "Professional Services"). For Professional Services performed on a time and materials
basis, any pre -paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any
unused pre -paid Professional Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre -approved by Customer and
incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses
include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel
accommodations, ground transportation and meals.
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OPENGOV SOFTWARE SERVICES AGREEMENT
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as
expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a)
use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble,
decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent
applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host,
disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any
benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with
the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential
personally identifiable information to OpenGov or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party
software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the
Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the
Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all
uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual
Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts,
graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole
or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement,
OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software
Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property
Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners
to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing,
business development, product enhancement, customer service, or for analyzing such data and publicly disclosing
such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that
Customer is no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any
time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return
Customer Data to Customer.
4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty -free, irrevocable, perpetual,
worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation
based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the
improvements and modifications.
5. CONFIDENTIALITY
5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party (the
"Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The Receiving
Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement;
and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to
its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding
the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order,
provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is
given to the Disclosing Party.
5.2 "Confidential Information" means all confidential business, technical, and financial information of the
disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be
understood to be confidential given the nature of the information and/or the circumstances surrounding the
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OPENGOV SOFTWARE SERVICES AGREEMENT
disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information
includes, without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data
that the Customer has previously released to the public, would be required to release to the public, upon request,
according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available
to the public in conjunction with the Software Services. Confidential Information does not include (b) information
that has become publicly known through no breach by the receiving party; (c) information that was rightfully received
by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently
developed by the Receiving Party without access to the Disclosing Party's Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services
Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order
Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as "Fees".
(b) Inflation Adjustment. OpenGov shall increase the Fees payable for the Software Services during any
Renewal Term by 5% each year of the Renewal Term.
(c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on
the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form.
(d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for pre -approved
travel expenses incurred in connection with each SOW as they are incurred. Customer shall pay all such valid
invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed
on the invoice.
6.2 Credit Card Customers. If applicable, Customer will provide OpenGov with valid credit card information and
promptly notify OpenGov of any changes necessary to charge the credit card at billing@opengov.com. Please
update your credit card information when necessary. The provision of credit card information to OpenGov authorizes
OpenGov to charge the credit card for all applicable Fees plus a 3% credit card processing fee. OpenGov processes
credit card payments through a secure third party processing partner and does not take receipt of credit card
information itself.
6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes
("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on
OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be
payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any
Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any
liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions
contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence
of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.
7. TERM & TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the
Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial Term").
7.2 Renewal. Unless either party terminates this Agreement in writing no less than thirty (30) days before the end
of the Initial Term, this Agreement shall renew for another period of the same duration as the Initial Term (the
"Renewal Term" and together with the Initial Term, the "Term").
7.3 Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within
thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non -
breaching party may terminate this Agreement.
Rev. 2018.01_200701
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
OPENGOV SOFTWARE SERVICES AGREEMENT
7.4 Effect of Termination.
(a) In General. Upon termination or expiration of this Agreement: (a) Customer shall pay in full for all Software
Services and Professional Services performed up to and including the effective date of termination, (b) all Software
Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other
party or, at the other party's option, destroy all Confidential Information of the other party in its possession.
(b) Deletion of Customer Data. If Customer requests deletion of its Customer Data in writing prior to the date
of termination or expiration of this Agreement, then OpenGov will permanently and irrevocably delete Customer
Data, excluding any Insights, stored by its cloud hosting provider within ten (10) days of the date of termination or
expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success"
at OpenGov's address for notice described at Section 10.
7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section
6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9
(Limitation of Liability) and Section 10 (Miscellaneous).
REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OoenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to
enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional
and workmanlike manner in accordance with the related statement of work and generally prevailing industry
standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's
entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such
work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer
must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of
such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90)
days, the Software Services will perform in all material respects in accordance with the Documentation. The
foregoing warranty does not apply to any Software Services that have been used in a manner other than as set
forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software
Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in
writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair
or replace any nonconforming Software Services so that the affected portion of the Software Services operates as
warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-
paid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into
and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not
infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION
8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR
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OPENGOV SOFTWARE SERVICES AGREEMENT
ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY
CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES
UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply
to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its
obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party
and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to
the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing
and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's
trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone
communications. However, for notices required by the Agreement (in Sections where the word "notice" appears)
the parties must communicate more formally in a writing given by personal delivery, by pre -paid first-class mail or
by overnight courier to the address specified in the most recent Order Form (or such other address as may be
specified in writing in accordance with this Section).
10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or
thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and
entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of
the above restriction then OpenGov shall promptly notify Customer.
10.4 Junctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized
use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which
damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to
any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without
being required to post a bond or other surety or to prove either actual damages or that damages would be an
inadequate remedy.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure
in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of
governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing.
10.6 Severability: Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement
will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to
this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this
Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which
consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent
but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity
that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase,
merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to
the benefit of and bind each party's permitted assigns and successors.
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OPENGOV SOFTWARE SERVICES AGREEMENT
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this
Agreement and neither party has any authority of any kind to bind the other party in any respect.
10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will
be entitled to recover costs and attorneys' fees.
10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or
claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent
jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and
venue therein.
10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
Signatures
Customer:
Signature:
Name:
Title:
Date:
OPENGOv, INC. Docusigned by:
Signature: /
Name: Pau en on
Title:
Date:
CFO
8/17/2020
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Q ObENCOA
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
QOPENGOV
1. Objective
1.1. Summary
This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov") will
perform for City of Dublin, CA ("Customer") pursuant to the order for Professional Services
agreed to by the parties ("Order Form") which references the Software Services
Agreement or other applicable agreement entered into by the parties (the "Agreement").
OpenGov will enable and support the Customer to deliver on the Scope of Work outlined
below. The objective of this Statement of Work is to define the scope, activities, roles and
responsibilities, and timeline necessary to successfully execute this deployment project.
This project aims to implement the OpenGov Budgeting and Planning Solution for the
Customer to enable effective and accountable governing. This SOW defines the scope
and deliverables for a successful implementation of the suites of the OpenGov Cloud.
2. Scope
2.1. Project Scope
The project scope includes the following services and deliverables. Any items not
specifically included in scope will be considered out of scope.
OpenGov will provide Professional Services to implement the OpenGov Budgeting and
Planning Solution. The below Phases and their associated tasks are organized based on
Customer's solution. Phases and tasks may start concurrently or prior to the previous
Phase's tasks being completed.
Phase 1: Kickoff and Project Planning Phase
• OpenGov to work with Customer to hold a Project Kickoff and create a Project
Plan.
Phase 2: Chart of Accounts (CoA)
• Customer will provide OpenGov with source data for CoA.
• OpenGov will configure the CoA in OpenGov Platform for functional review
• OpenGov will train Customer administrator on these functionalities and secure
Customer sign off.
Phase 3: Financial Integration
• OpenGov will work with Customer to configure Financial Integration with Tyler
Eden.
• OpenGov will train Customer administrator on these functionalities and secure
Customer sign off.
OpenGov - Statement of Work Page 2
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(E)OPENGOV
Phase 4: Platform
• OpenGov will work with Customer to configure Stories, Reporting & Analytics.
• OpenGov will train Customer administrator on these functionalities and secure
Customer sign off.
Phase 5: Budget and Planning
• OpenGov will work with Customer to configure Operating Budget and Capital
Budget.
• OpenGov will train Customer administrator on these functionalities and secure
Customer sign off.
Phase 6: Online Budget Book
• OpenGov will work with Customer to configure Online Budget Book.
• OpenGov will train Customer administrator on these functionalities and secure
Customer sign off.
Phase 7: Project Closure
2.2. Deliverables
Functionality Deliverables
Chart of Accounts
• Review and feedback of Customer's source system
general ledger chart of accounts
• Chart of accounts functional build and review
• Chart of accounts configuration and peer review
Financial
• Integration of Customer Financial System
Integration
• Integration of budget and actuals, with transaction -level
detail up to 10 years
• Single system connector
• Design, map, and validate data from the system
• OpenGov Assumes:
• The data will be linked to the Customer's chart of
accounts.
o OpenGov will perform the validation for data
accuracy for the Integration, working jointly with
the Customer team to approve the Financial
Integration data.
o OpenGov will require assistance from the
Customer to understand source system specific
customizations and configurations when building
the data extract.
OpenGov - Statement of Work Page 3
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(E)OPENGOV
o When the source accounting software is hosted
by a third party vendor on behalf of the
customer, the customer is responsible for
brokering OpenGov's access to the customer's
data residing at the vendor's premises in
accordance with OpenGov's data formatting
requirements.
o Integration is unidirectional from the Customer's
accounting software into OpenGov.
Reporting and
Transparency (Stories)
Transparency
• Configure 1 OpenGov standard story
Platform
Reporting & Analytics
• 4 Standard Reports (Annual, Budget to Actuals, Change
in Fund Balance and Transactions)
• 4 department -specific Budget to Actuals reports
• Configure up to 2 Economic Vitality Dashboards of
Customer choosing
• Configure up to 1 financial dashboard for up to 4
departments with to 6 financial tiles per dashboard
Budgeting and
Operating Budget, including Workforce Planning
Planning
• Initial setup of Customer's Operating Budget
• Creation of up to 2 proposal frameworks
• 2 budgeting reports (Budget to Actuals and Milestones)
• Workforce planning configuration based on
Customer -provided documentation and cost elements
• 1 Workforce plan
• Data formatting and loading
• Validate calculations
• Administrator training
Capital Budget
• Initial setup of Customer's Capital Budget
• Creation of up to 2 proposal frameworks
• 2 budgeting reports (Project and Milestones)
• Administrator training
Online Budget
• Conceptualizing Sessions to build Online Budget Book
Book
• Customize up to 6 OpenGov standard templates,
including landing page, budget message, performance
page, department page, capital page, and financial
forecast to support Online Budget Book
• Administrator training
• Go -live support up to one week after Online Budget
OpenGov - Statement of Work Page 4
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(E)OPENGOV
Book launch
OpenGov
OpenGov's Standard Training Package includes:
Standard Training
• Access to OpenGov University Online
• Train the Trainer Program for primary Customer
administrator
• Training for Customer's specific chart of accounts
configuration as well as web -hosted documentation for
Customer -specific product configurations
• Access to OpenGov Resource Center
• Up to 2, remote 90-min product -specific administrator
trainings provided by OpenGov
• Up to 1, 90-minute user training session for up to 20
participants
Estimated Project
Up to 303 Hours
Hours
2.3. Assumptions and Exclusions
• The concept of Prepaid Hours means that the Customer is purchasing a package
with a set number of Professional Service hours to achieve the outlined
deliverables. The hours are based on OpenGov's best estimate given reasonable
assumptions outlined in section 4.2, Project Responsibilities. These hours should
be adequate to achieve the deliverables, however if they are not, the Customer
will need to purchase additional hours.
3. Schedule
OpenGov will schedule resources for this project upon signature of the Order Form.
Unless specifically noted, the OpenGov assigned project manager (as identified below or
such alternate designated by OpenGov, the "OpenGov Project Manager") will work with
Customer to develop the project schedule for all requested deliverables under this SOW.
OpenGov reserves the right to adjust the schedule based on the availability of OpenGov
resources and the deliverables provided by Customer.
4. Project Organization
4.1. Project Team
OpenGov
OpenGov will assign a Project Manager (the "OpenGov Project Manager") upon execution
of the SOW. The OpenGov Project Manager will coordinate any additional resources
needed from OpenGov.
OpenGov - Statement of Work Page 5
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
QOPENGOV
Customer
Customer will assign a project manager (the "Customer Project Manager") and technical
resource prior to project kick-off. The Customer Project Manager will be the primary
contact person at Customer and will coordinate all Customer resources needed to
complete the project. It is anticipated that the areas of need will be in Finance, Data
Gathering, and the IT department.
4.2. Project Responsibilities
The project responsibilities for each organization are outlined below:
OpenGov
1. Manage delivery of in -scope items in coordination with Customer.
2. Make available deliverables to Customer project team for review and verification.
3. Provide relevant technical details and documentation for data requirements for
Customer's environment.
4. Keep Customer Project Manager informed of project progress and communicate
any issues relating to the project in a timely manner.
5. Establish documentation and procedural standards for the project.
6. Review and administer project change control, as described in Section 5, Change
Control Procedures.
7. Ensure that all meetings and training sessions are attended by OpenGov
personnel, as scheduled.
8. Budget files are exported as .xIsx. OpenGov may assist in formatting that file, but
cannot convert files to any other file types
Customer
1. Make available a representative to serve as the primary contact for OpenGov
Project Manager to coordinate project activities.
2. Make available appropriate representatives with the authority to review and
approve deliverables produced during the project.
3. Make available appropriate Subject Matter Experts (SME) to support the project
needs, test integrations and provide Customer environment specific technical
details.
4. Setup firewall rules to allow incoming requests from OpenGov's proxy over
HTTP/HTTPS to Customer systems.
5. Communicate any issues relating to the project to OpenGov Project Manager in a
timely manner.
6. Provide acceptance of deliverables and Project in a timely manner.
7. If Integration services are purchased, Customer will be responsible for
making any configuration changes or modifications to Financial System (ERP)
to support integration and make available access for integration to OpenGov
software. The Customer will be responsible for ensuring that the versions of
Financial System (ERP) running on all environments remain the same across
all environments.
8. Customer will be responsible for any infrastructure required to access
OpenGov - Statement of Work Page 6
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
(E)OPENGOV
OpenGov, and will maintain relevant non-OpenGov software licenses and
infrastructure needed for this project i.e. accounting system licenses. Please
note, OpenGov software is optimized for Google Chrome.
9. The Customer will be responsible for ensuring that all meetings and training
sessions are attended by personnel, as scheduled.
5. Change Control Procedures
No amendments, changes or other modifications to this SOW will be effective without a
written project change order. The Project Change Order will describe the change, the
rationale for the change, and specify any change in the charges, estimated schedule, or
other terms. The terms of a mutually agreed upon Project Change Order will prevail over
those of this SOW or any previous Project Change Orders. Such Project Change Order
may require additional charges, which will be set forth in the Project Change Order.
6. Fees and Expenses
6.1. Fees and Payment Terms
All fees and expenses will be paid in accordance with the Order Form to which this SOW
is attached. For any Project Change Orders or for any new Professional Services, fees will
be mutually agreed upon provided that any hourly fees shall be based on OpenGov's
then -current, applicable hourly rate.
6.2. Travel Expenses
OpenGov and Customer agree that no travel will be required for this project; all work will
be performed remotely.
OpenGov - Statement of Work Page 7
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
QOPENGOV
1. Appendix 1
Implementation Methodology
OpenGov uses an iterative methodology, with a focus on rapid implementation of a
configured system. This methodology requires a degree of focus from the Customer and
collaboration between both parties to complete work products in a timely manner.
1. Analyze and Design
a. Key Activities: Discovery, Design Sessions, Solution Document Review
b. Key Work Products: Data Inventory, Functional Model Build, Process Flow
Documents, Solution Document
c. Summary: Analyze and Design Phase is the first step of the
implementation project. The purpose of this phase is to define the
success criteria of the project, make design decisions based on the
functional model build, and begin gathering data that needs to be loaded
into the OpenGov platform. At the end of the Phase, a Process Flow and
Solution Document will be created that outlines how the solutions will be
implemented.
2. Configure Phase
a. Key Activities: Application and Solution Configuration, Data Load
b. Key Work Products: Solution Configuration, Peer Review
c. Summary: The Configure Phase consists of application configuration, and
solution configuration as defined in the Solution Document. OpenGov will
also load the data gathered in the Analyze and Design Phase. The Phase
ends with a Peer Review done by an OpenGov Subject Matter Expert to
confirm that the solution follows OpenGov best practices.
3. Validate Phase
a. Key Activities: User Acceptance Testing, Data Confirmation
b. Key Work Products: Data Validation, Customer Review
c. Summary: The Validate Phase starts with a review of the entire solution
with the Customer project team to confirm that all project elements have
been implemented. Once that process has been completed, the Customer
will validate that data is being represented accurately in the solution. If
any issues are found, OpenGov team will assess the issue and resolve as
needed. The Phase ends with the Acceptance of by the Customer.
OpenGov - Statement of Work Page 8
DocuSign Envelope ID: 9D5FCD35-59DD-4219-9542-109CEDCB6EF9
(E)OPENGOV
4. Deploy Phase
a. Key Activities: Administrator Training
b. Key Work Products: Project Documentation
c. Summary: The purpose of the Deploy phase is to complete the
Administrator Training process and prep for Go Live of the solution. All
project documentation will be provided at this point to the Customer
OpenGov Administrator documenting the solution configuration and any
specific process flows or user guides. At this point, the solution will be
configured and ready to Go Live to end users.
5. Own and Enable Phase
a. Key Activities: Go Live, User Training, Transition to Customer Success
Manager and Technical Support
b. Key Work Products: Project Acceptance, Transition
c. Summary: The purpose of the Own and Enable phase is to complete the
User Training process, Go Live with the solution, and begin Transition
activities to close the project. Post Go Live Support is technical assistance
with the project team and issue resolution for the solution during the two
week period after Go Live. Once this period has passed, the Project team
will begin working on transition activities to the Customer, the CSM, and
the Customer Technical Support Function. The Project closes upon the
acceptance of the project and a brief survey to provide feedback about
the experience.
OpenGov - Statement of Work Page 9
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City of Milpitas
NOTICE OF
REQUEST FOR PROPOSALS
No. 2351
BUDGET SYSTEM
Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website
PublicPurchase.com, until July 26, 2019 at 2:00 PM local time for:
Budget System
The City of Milpitas (“City”) is seeking from a qualified proposer (“Proposer”) services to deliver a new Budget
System.
The scope of services, content of the proposal, and the selection process are described in the Request for Proposals
(“RFP”). Interested parties may obtain copies of the RFP by downloading the proposal packet at
www.PublicPurchase.com.
SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically. Electronic
proposals are to be submitted through a secure mailbox at Public Purchase (www.publicpurchase.com) until the
date and time indicated above. It is the sole responsibility of the Proposer to ensure that its proposal reaches Public
Purchase before the closing date and time. There is no cost to the Proposer for submitting its proposal
electronically via Public Purchase. Electronic proposals require the uploading of electronic attachments. All
documents must be attached as separate Microsoft Word, Excel, or Adobe PDF documents only. The submission
of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize
itself with Public Purchase and the City does not assume any liability or responsibility for late proposals.
Registration. Proposer must register on Public Purchase. To receive registration instructions call the City at 408-
586-3161 or email a request for registration instructions to Chris Schroeder, Purchasing Agent at
cschroeder@ci.milpitas.ca.gov.
License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules
and regulations governing the performance of services required in this RFP.
For more information regarding the RFP, please contact:
Chris Schroeder
Purchasing Agent
408-586-3161
cschroeder@ci.milpitas.ca.gov
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City of Milpitas
REQUEST FOR PROPOSALS
No. 2351
For
Budget System
Date Issued: July 3, 2019
Proposal Deadline: July 26, 2019 at 2:00 PM
Issued By: City of Milpitas
Purchasing Division
455 E. Calaveras Blvd.
Milpitas, CA 95035
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TABLE OF CONTENTS
RFP No. 2351 –Budget System
PROJECT DESCRIPTION 4
INSTRUCTIONS TO PROPOSER 5
LIST OF DOCUMENTS TO BE RETURNED WITH PROPOSAL 14
NARRATIVE PROPOSAL 15
CERTIFICATION OF PROPOSER 17
NON-COLLUSION DECLARATION 18
PROPOSER'S STATEMENT REGARDING INSURANCE COVERAGE 19
WORKER'S COMPENSATION INSURANCE CERTIFICATE 20
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE 21
WAGE THEFT CERTIFICATION 24
REFERENCES 25
EXHIBIT A - SCOPE OF WORK 26
EXHIBIT B - SAMPLE AGREEMENT 27
EXHIBIT C - MANDATORY PRICE WORKBOOK 28
Schedule of Activities. The City reserves the right to amend the schedule below as necessary. All times
referenced are in Pacific Time.
Activity Tentative Dates
RFP released July 3, 2019
Deadline for Submitting Questions (2:00 PM) July 17 2019
Proposal Submission Deadline (2:00 PM) July 26, 2019
Evaluation Committee Review week of July 29, 2019
Interview/Presentations week of August 19
Contract Award (Tentative City Council Date) September 17, 2019
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PROJECT DESCRIPTION
RFP No. 2351– Budget System
The City of Milpitas (“City”) is seeking proposals from qualified proposers (“Proposer”) in response to this
Request for Proposals (“RFP”) to provide a new Budget System.
The scope of services (“Services”) sought under this RFP are set forth in more detail in Exhibit A – Scope of
Work attached hereto and incorporated herein by this reference. The City reserves the right to select more than
one Proposer as part of this RFP.
The City is seeking a five-year agreement. The term of the agreement will be from October 1, 2019 to September
30, 2024, unless earlier terminated. The City reserves the right to review the successful Proposer’s performance
at the end of each year and cancel all or part of the agreement.
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INSTRUCTIONS TO PROPOSERS
RFP No. 2351– Budget System
ADDENDA. Addenda issued pursuant to this RFP, if any, will be posted on the Public Purchase website.
However, it is the sole responsibility of the Proposer to check the website and/or contact the Purchasing Agent
listed in the Notice of Request for Proposals directly to determine whether any addenda has been issued.
ANTI-DISCRIMINATION. It is the policy of the City that in connection with all Services performed under the
Agreement; there will be no discrimination against any prospective or active employee engaged in the Services
because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees
to comply with applicable Federal and California laws including, but not limited to, the California Fair
Employment Practice Act, beginning with Labor Code Section 1735. In addit ion, the Proposer agrees to require
like compliance by any subcontractor employed to complete any Services under the Agreement.
AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to
bind the Proposer to a contract for the execution of the Services. Upon request of the City, any agent submitting
a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to
bind the Proposer. If an individual makes the proposal, their signature, and post office address must be listed in
the proposal. If a firm or partnership makes the proposal, the name and post office address of the firm or
partnership and the signature of at least one of the general partners must be listed in the proposal. If a corporation
makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is
chartered, the name and post office address of the corporation and the title of the person signing on behalf of the
corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution
of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf
of the corporation.
AWARD OF CONTRACT. Award, if made, will be made to the Proposer offering the most advantageous
proposal after consideration of all evaluation criteria (“Evaluation Criteria”) set forth below. An Evaluation
Committee will be established by the City. Proposers not meeting the minimum requirements established in
this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus
may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals
received in accordance with the Evaluation Criteria. The City shall not be obligated to accept the lowest priced
proposal but will make an award in the best interests of the City after all factors have been evaluated.
EVALUATION CRITERIA Weighted %
Cover Letter 5%
Executive Summary 10%
Description of Proposed Software (Answer all questions in Exhibit A) 20%
Implementation and Support Strategy 20%
Personnel Assigned 10%
References 10%
Any proposal submitted that does not acknowledge each and every addenda issued may be considered non-
responsive. Addenda, if any, must be acknowledged on the RFP Form in the space provided.
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The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact
any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from
any available source concerning any aspect of a proposal; and seek and review any other information deemed
pertinent to the evaluation process.
Discussions may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers.
Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the
RFP requirements. Each Proposer shall be accorded fair and equal treatment with respect to any opportunity for
discussion and written revision of proposals. Revisions may be permitted after submissions and before award for
obtaining best and final proposals. In conducting discussions, the City will not disclose information derived from
proposals submitted by competing Proposers. A notification of intent to award may be sent to any Proposer
selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be
confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract
negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring
Proposer or withdraw the RFP. The City reserves the right to contract for services in the manner that most benefits
the City including awarding more than one contract if desired. Once negotiations are successful, the Proposer will
be recommended to the City Council for contract approval and the City Council has the final authority to approve
or reject the contract award.
BID PROTEST. Should any Proposer protest the award to the Proposer offering the most advantageous proposal
after consideration of all Evaluation Criteria, such protest must be made in writing to the Purchasing Agent. All
protests must be filed and will be adjudicated in compliance with the City Municipal Code Section “I-2-3.19 –Bid
Protest”.
BUSINESS LICENSE. If the Services under this RFP include performing services or installation on City property,
the successful Proposer must have a current City Business License. Inquiries regarding Business Licenses may
be directed to the Department of Financial Services at 408-586-3100. Business Licenses are not required for
materials or equipment shipped by U.S. mail or common carrier.
COMMUNICATION. Each Proposer must comply with the specified communication requirements. Any
Proposer who communicates concerning this RFP with parties or via methods not provided for in this RFP, may
be subject to disqualification. Such communication includes contact with City elected officials, non-designated
staff, or any member of the Evaluation Committee regarding this RFP.
The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any
manner, except by written addendum.
COMPENSATION/FEES. All proposals shall include the compensation proposed, both in writing and in figures,
shall give all other information requested herein, and shall be signed by the Proposer’s authorized representative.
Fee proposals shall include everything necessary for the completion of all Services or otherwise fulfillment of the
Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all
management; overhead expenses and profit required to complete the Services in accordance with the Contract
Documents, except as may be provided otherwise in the Contract Documents. Fee proposals must contain the
information as outlined in the RFP.
COMPLIANCE WITH OR DEVIATION FROM RFP AND AGREEMENT. Proposer hereby agrees that the
Services provided will meet all the requirements of the RFP including, without limitation, all Exhibits and in
Proposed Compensation (Exhibit C) 25%
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particular the Professional Services Agreement (“Agreement”) attached hereto as Exhibit B and incorporated
herein by this reference, unless deviations from them are clearly indicated in the Proposer’s proposal. Any
exceptions taken to the RFP or Agreement must be submitted as an attachment to the proposal entitled
“Exceptions to RFP and Contract,” which must be signed by Proposer’s authorized representative. An
explanation must be made for each item in which an exception is taken, giving in detail the extent of the
exception, the reason for which it is taken, and the suggested change. Any such exception taken to the RFP
or Agreement may serve as a basis for rejection of the proposal as nonresponsive. Failure to comply with the
requirements of this provision shall serve as a waiver of the Proposer’s right to challenge or otherwise take
exception to any terms of the RFP or the Agreement. Submittal of a brochure, general list of terms and conditions,
or other manufacturer literature is desirable but may not be a substitution for this requirement.
CONFLICT OF INTEREST. Pursuant to Government Code section 1090 and any other laws, rules and
regulations that may apply, the Proposer covenants that neither it, its subcontractors nor employees presently have
an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any
manner or degree with contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no
one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee
of the City. Through its submittal of a proposal, Proposer acknowledges that it is familiar with Section 87100 et
seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the
City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said
provisions.
CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and
thoroughly examine and be familiar with the RFP, all attached exhibits including the Agreement, responses to
questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall
satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor,
supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract
Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve
them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute
an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with
the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents
shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for
additional compensation that is based upon a lack of knowledge of Contract Documents.
DEFINITION OF TERMS. For the purposes of this RFP, the following definitions will be used:
a. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor”
and “successful Proposer” refers to the party entering into a contract with the City as a result of this RFP.
b. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the
proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee
to be in the best interest of the City.
c. May. Indicates something that is not mandatory but permissible.
d. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may
be deemed non-responsive and not be considered for award.
e. Proposer. The person or firm making a legally binding offer.
f. Proposal. The offer submitted by the Proposer.
g. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.
h. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done
will not result in rejection of your proposal.
i. Submittal Deadline. The date and time on or before all proposals must be submitted.
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DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the
City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the
same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate
proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has
quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices
to other Proposers. Reasonable ground for believing that any Proposer is interested in more than one proposal for
the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is
reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from
participants in such collusion. Proposers shall submit as part of their proposal documents the completed Non-
Collusion Declaration provided herein.
DOCUMENTS TO BE RETURNED WITH PROPOSAL. Failure to completely execute and submit the required
documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be
returned by the Submittal Deadline are listed on the form entitled "List of Documents to be Returned with
Proposal" and attached hereto on page 14.
EXECUTION OF AGREEMENT. The Contractor shall execute the Agreement in substantially the form provided
in this RFP. A copy of the Agreement is attached hereto as Exhibit B and incorporated herein by this reference.
The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms
under the Contractor’s proposal. Contractor shall sign all necessary documents and submit all required bonds (if
applicable) and evidences of insurance within ten (10) days after personal delivery of the Notice to Proceed or within
fifteen (15) days after such Notice of Proceed has been deposited in the United States mail. One copy of the
Agreement will be returned to the Contractor after the City executes the Agreement. In case of failure of the
Contractor to execute and return the Agreement and all required documents within the time allowed, the City may,
at its option, consider that the Proposer has abandoned the Agreement. After the Agreement has been executed,
including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence Services
within ten (10) working days after the date of the Notice to Proceed.
EXPERIENCE AND COMPETENCE. The successful Proposer shall be skilled and regularly engaged in the
general class or type of work called for under the Agreement and shall also have no less than five (5) years of
experience in the magnitude and character of the Services proposed. It is the intention of the City to award a contract
to a Proposer who furnishes satisfactory evidence that he or she has the requisite experience, ability, sufficient
capital, and facilities to enable them to prosecute the Services successfully and properly and to complete it within
the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the
City will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude,
and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to
the general competency of the Proposer for the performance of the Services specified in the RFP. To this end,
each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References ,”
which is a part of the RFP.
Contractor’s personnel assigned to the contract awarded from this RFP shall each have a minimum of five (5)
years of training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-
time employee is assigned to the job as project manager for the duration of the Agreement and that he or she
speaks English and has three (3) years of supervision experience in work of similar scope to this RFP. These
minimum qualifications shall be maintained throughout the Agreement duration.
FORCE MAJEURE. If execution of the Agreement shall be delayed or suspended and if such failure arises out
of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the
City, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to
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acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual
capacity, fires, floods, epidemics, strikes and unusually severe weather.
FORMATION OF CONTRACT. Proposer’s signed proposal and City’s acceptance shall constitute a binding
contract.
INFORMED PROPOSER. Each Proposer is expected to fully inform themselves as to the conditions,
requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s
own risk, and they cannot secure relief on the plea of error.
INSURANCE REQUIREMENTS. Within ten (10) calendar days of award of the contract, the successful Proposer
must furnish to the City with a Certificate of Insurance and accompany endorsements proving coverage, as
specified in the Agreement attached as Exhibit B. Failure to furnish the required certificates within the time
allowed may result in forfeiture of the Agreement.
INTERPRETATION OF CONTRACT DOCUMENTS. If any person is in doubt as to the true meaning of any
part of the RFP or finds discrepancies or omissions in the RFP, they may submit a written request for an
interpretation or correction through the Public Purchase website no later than the deadline for questions.
When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP,
and when issued, will be posted on the Public Purchase website. All such addenda shall become a part of the
Agreement. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the
responsibility of each Proposer, including any Proposer who obtained a RFP from anyone other than the Public
Purchase, to check the website for addenda prior to submitting any proposal.
To submit questions: 1) Log into the Public Purchase website; 2) click on the title of the solicitation and the
solicitation page will open up; 3) find on the right-hand side of the page under “Questions”, then click on
[View/Ask questions] and 4) type in your question or request for clarification. Responses to questions/requests
for clarification will be sent via e-mail notification to all registered Proposers.
The deadline for submitting questions related to this RFP is:
2:00 pm on July 17, 2019
Questions answered on Public Purchase are considered to be a part of or clarification to the RFP and are
considered to be addenda to be acknowledged by Proposers in its Proposal using the form provided. The City
may also issue a separate addendum document in response to questions/requests for clarification. It is the
responsibility of each Proposer to ensure that they have registered on Public Purchase to receive all notifications.
To register, contact the Purchasing Division at 408-586-3161.
Any Proposer obtaining the RFP from any source other than the City is responsible for contacting the City
Purchasing Agent at the above reference telephone number and registering on Public Purchase.
LICENSES. Proposer represents that it is duly licensed and experienced in providing services similar to those
being performed under this RFP and that it and its employees or subcontractors have all necessary licenses and
permits to perform the Services in the State of California, and that it is familiar with the plans of City.
Any proposal submitted that does not acknowledge each and every question issued may be considered
non-responsive. Questions, if any, must be acknowledged on the RFP Form in the space provided.
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NOMENCLATURES. The terms successful Proposer, successful Contractor, and Contractor may be used
interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract
as a result of this RFP.
NON-COLLUSION DECLARATION. Each Proposer is required to submit a signed copy of the Non-Collusion
Declaration with its proposal.
WAGE THEFT PREVENTION. Proposers are required to submit a certification disclosing whether the Proposer
or any of its proposed subcontractors has been found by a final court order or administrative action of an
investigatory government agency to have violated federal, state or local wage and hour laws, including but not
limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage
Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft
Certification is attached hereto and must be completed and submitted as part of the proposal.
OFFERS OF MORE THAN ONE PRICE. Proposer is NOT allowed to submit more than one proposal.
PREVAILING WAGES. Proposer shall take cognizance of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing
Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on
certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site
must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department
of Industrial Relations. Copies of the State of California wage schedules are available for review at
https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all
applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required
prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices,
the hours of labor and the debarment of contractors and subcontractors. It shall be the Proposer’s sole responsibility
to evaluate and include the cost of complying with all labor compliance requirements under this RFP and applicable
law in its proposal.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed
in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial
Relations. No proposal will be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded
a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department
of Industrial Relations for the duration of the Project.
PRICE DISCREPANCIES. In the event that there are unit price items in a proposal schedule and the "amount"
indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price
shall govern, and the amount will be corrected accordingly. If there is more than one item in a proposal schedule,
and the total indicated for the schedule does not agree with the sum of prices of the individual items, the prices given
for the individual items shall govern, and the total for the schedule will be corrected accordingly. The Proposer will
be bound by said corrections.
PROPOSAL CONTENT. (See Narrative Proposal) Proposer must describe in detail how they will meet the
requirements of this RFP, and may provide additional related information with its proposal. The proposal shall
be presented in a format that numerically corresponds to the numbered sections outlined in the Narrative
Proposal – Responses to each section should be labeled to indicate which item is being addressed. Proposals
shall be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis
should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on
providing a complete and clear description of the offer. If a complete response cannot be provided without
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referencing supporting documentation, you must provide such documentation with the proposal indicating where
the supplemental information can be found.
The City is not liable for any costs incurred by Proposers before entering into a formal Agreement. The costs of
developing the proposals, presentations, negotiations and any interview or any other such expenses incurred by
any Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed
in any manner by the City.
PROPOSAL MODIFICATIONS. Any Proposer who wishes to make modifications to a proposal already received
by the City must withdraw its proposal in order to make the modifications. Withdrawals must be made in accordance
with the terms and conditions of this RFP (see Withdrawal of Proposal). All modifications must be made in ink,
properly initialed by Proposer’s authorized representative, executed, and submitted in accordance with the terms
and conditions of this RFP. It is the responsibility of the Proposer to ensure that modified or withdrawn proposals
are resubmitted before the Submittal Deadline.
PROPOSAL PRICES AND NOTATIONS. All prices and notations must be in ink or typewritten. Prices shall be
stated in units and offers made separately on each item. In case of conflict between unit prices and extended
prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.
PROPOSAL RESULTS. Proposals are downloaded from the Public Purchase website. A proposal results
tabulation with the names of Proposers will be posted on the Purchasing page of the City website after contract
award, if any. The City reserves the right to postpone the Submittal Deadline and opening of proposals any time
before the date and time announced in the RFP or subsequent addenda.
PROPRIETARY INFORMATION. Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38
Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by Authority and shall not
be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.)
until after either City and the successful proposer have completed negotiations and entered into an Agreement or
City has rejected all proposals. All correspondence with the City including responses to this RFP will become
the exclusive property of the City and will become public records under the California Public Records Act.
Furthermore, the City will have no liability to the Proposer or other party as a result of any public disclosure of
any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act,
the Proposer must mark it as such and state the specific provision in the California Public Records Act which
provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits
trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the
appropriate section of the California Public Records Act which provides the exemption as well as the factual basis
for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade
secret information may be protected from disclosure, the City is not in a position to establish that the information
that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade
Secret” or “Proprietary”, the City will provide Proposers who submitted the information with reasonable notice
to seek protection from disclosure by a court of competent jurisdiction.
RECYCLED PRODUCT PROCUREMENT. The City is committed to the conservation and protection of state
and local resources, therefore:
a. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether
in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears
an imprint identifying the recycled content of the paper as not less than the 30% post -consumer fiber as
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specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying
logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo
on the first page. This shall apply to all paper materials delivered to the city whenever practicable.
b. Contractors and consultants shall use both sides of paper sheets whenever practicable.
REJECTION OF PROPOSALS AND WAIVER OF INFORMALITIES. Issuance of this RFP and receipt of
proposals does not commit the City to award a contract. The City reserves the right to waive any irregularities
and to reject any proposals, all proposals, or any part of any proposal presented and re -advertise for proposals.
The City reserves the right to cancel the RFP and make no award. The City reserves the right to reject the proposal
of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The
City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes,
licenses, or other monies due to the City.
RULES FOR SUBMITTING PROPOSALS.
a. Submittal Deadline. Proposals must be uploaded to the Public Purchase website by the Submittal Deadline
shown in this RFP and any subsequent addenda to this RFP.
b. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded onto the
Public Purchase website in accordance with the RFP requirements before the Submittal Deadline. The City
shall not be responsible for any delays in transmission errors or delays. Proposals must be uploaded in
Microsoft Word, Excel or Adobe PDF format as specified in the RFP, using as few files as possible. Do not
wait until the last minute to upload files as delays can occur. In the event that there is a problem uploading
documents, contact Public Purchase at 1-800-591-5546.
c. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is
in the best interest of the City.
d. Forms. To be considered for the award, each proposal shall be made on forms furnished by the City in this
RFP.
e. Late Proposals. The Submittal Deadline is firm. Proposals will not be accepted after the Submittal
Deadline.
f. Signature. To be considered for the award, each proposal shall be signed by an authorized representative
of the Proposer.
SITE EXAMINATION. If applicable or otherwise required by City, Proposer may visit the City and its physical
facilities and determine the local conditions which may in any way affect the performance of the Services;
familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting
the performance of the Services; make such investigations, as it may deem necessary for performance of the
Services at its proposal price within the terms of RFP; and correlate its observations, investigations, and
determinations with the requirements of the RFP.
SUBMITTAL METHOD. Proposals must be submitted electronically through the Public Purchase website at
www.publicpurchase.com.
TAXES. Successful Proposer shall pay all federal, state and local taxes, levies, duties , and assessments of every
nature due in connection with any Services under the Agreement and shall indemnify and hold harmless the City
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. Proposal
prices shall include said taxes.
TERMS OF THE OFFER. The City reserves the right to negotiate final contract terms with any Proposer selected.
Proposer understands and acknowledges that the representations above are material and important, and will be
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relied on by the City in the evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent
concealment from the City of the facts relating to the proposal.
WITHDRAWAL OF PROPOSAL. Following the Submittal Deadline, Proposer may not withdraw its proposal
for a period of ninety (90) calendar days from the date of opening and the proposal must remain open and firm.
At no time may the successful Proposer(s) withdraw their proposal. Proposer’s authorized representative may
withdraw proposals through the Public Purchase website prior to the Submittal Deadline.
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LIST OF DOCUMENTS TO BE RETURNED WITH PROPOSAL
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351 –Budget System
REQUIRED PROPOSAL
DOCUMENTS TO BE
RETURNED
RFP
page
numbers
(for reference)
INCLUDED
(Indicate Yes or No for
items 1 through 8)
IF NOT, EXPLAIN
1. This form 14
2. Narrative Proposal (Parts 1
through 7)
15
3. Certification of Proposer 17
4. Non-Collusion Declaration 18
5. Proposer's Statement Regarding
Insurance Coverage
19
6. Worker's Compensation
Insurance Certificate
20
7. Nondiscriminatory Employment
Certificate
21
8. Wage Theft Certification 24
9. References 25
10. Audited Financial Report N/A
11. Exhibit A – 3 Part Questionnaire N/A
Failure to complete, sign (where required), and return the above documents with your proposal may
render it nonresponsive and thus be rejected by the City.
ACKNOWLEDGMENT
PROPOSER NAME (Company Name): _________________________________
PRINT NAME AND TITLE OF AUTHORIZED OFFICIAL OFFERING THE PROPOSAL:
_______________________________________________________________________________
AUTHORIZED SIGNATURE: __________________________________ Date: _____________
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NARRATIVE PROPOSAL – DO NOT RETURN THIS FORM
RFP No. 2351 –Budget System
NARRATIVE PROPOSAL FORMAT – Use this as a guide to write your proposal.
In order to be fully compliant with the requirements of the RFP, please follow this format exactly citing each
heading (Cover Letter, Executive Summary, etc.). Proposer may include any information they feel is relevant to
the proposal, but at a minimum include each and every numbered and lettered item below in the written narrative
proposal.
The proposal shall not exceed 30 pages, not including resumes and references which must be attached as
appendices.
Once submitted, the proposal including any supplementary documents become the property of the City.
1. Cover Letter – The cover letter shall address items a through h:
a. The cover letter is to introduce the Proposer and should contain the names, title, address, and telephone
numbers of the individual(s) with authority to bind the Proposer during the period that the proposals
are being evaluated.
b. The cover letter shall identify the legal form of the firm, and if a corporation, shall identify in which
state the firm was incorporated.
c. The cover letter shall be signed by a principal of the firm or other person authorized to act on behalf
of the firm.
d. The proposal shall identify the location of the firm’s home office, and whether or not the firm has
management staff in the San Jose/Oakland/San Francisco area.
e. The number of employees.
f. Name, address, and telephone number of the Proposer’s point of contact for a contract resulting
from this RFP.
g. Length of time Proposer has been providing services described in this RFP. Please provide a brief
description.
2. Executive Summary – The Proposer shall provide a general description of the firm, including a brief history
and its experience in providing similar services as those requested in this RFP Including an overview
description of the proposed solution, vendor experience and contact information.
3. Description of Proposed Software – Provide detailed information on your product and how it will meet the
needs of our departments by answering the list of questions under “Business and Technical Requirements
h.) Proposer must include in their cover letter a complete disclosure of any alleged significant prior
or ongoing contract failures, any civil or criminal litigation or investigation pending which involves
the Proposer or in which the Proposer has been judged guilty or liable. If “None” proposer shall
state as follows:
“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending
investigation.”
Failure to comply with this provision will disqualify any proposal.
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Questionnaire” and “Software as A Service (SaaS) Questionnaire” and “Systems Hosted in The Cloud
Questionnaire”.
Answer the questions in the document and then upload the document back to Public Purchase – SEE
EXHIBIT A – SCOPE OF WORK.
4. Implementation and Support Strategy – Provide a schedule of how your firm proposes to complete the
services in accordance with the requirements of the Agreement. Provide an outline of key milestones
including, but not limited to, coordination meetings, service protocols, scheduling and rescheduling
procedures and staff coverage.
Describe your strategy to support ongoing training and usability of the system after initial implementation as
well as remote support services available.
5. Personnel Assigned - A project manager authorized to act on behalf of the firm must be designated and shall
be the principal contact for the City.
Identify any individuals expected to have backup responsibilities.
Provide a brief resume/background of the specific individuals assigned to this project; resumes shall not exceed
one (1) page per person.
The proposal shall state that no changes in key personnel are to be made without written consent of the City.
If, and when the City interviews prospective firms, such persons shall be in attendance and materially
contribute to the discussion.
6. References – This section shall consist of a list of three references for work of a similar nature as that required
by the City, performed within the last three years. Proposers are directed to use the attached References form to
list references.
7. Pricing – This section shall consist of a detailed outline of estimates that include pricing for software,
maintenance, and implementation services which includes installation, training, and testing, as outlined in
Exhibit A – Scope of Services. Proposers are directed to download the Pricing Workbook, complete it and
upload it back into Public Purchase.
8. Financial Report – Include your most recent audited financial report.
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CERTIFICATION OF PROPOSER
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351– Budget System
I/We (Insert Company Name) ________________________________agree to provide the Services as
stipulated in this RFP and pricing as indicated in the Proposal. I/We further agree that the below; undersigned
is authorized by the (Insert Company Name) _______________________________ to bind the company in
contract for the specified contract term. All exceptions (if applicable) are attached as an addendum to this
pricing proposal. I understand that the City may not accept exceptions to the RFP. I/We further agree that if
awarded the contract, to abide the terms and conditions of the contract and not to materially modify such terms
without expressed written consent of the City Purchasing Agent.
Company Name: __________________________ Legal Entity Type: __________________________
Authorized Contact Title: ___________________ Print Contact Name: _________________________
Contact Signature: ________________________ Contact Email Address: ______________________
Contact Telephone: ______________________ Contact Fax: ______________________________
Proposer’s Address: _______________________ City, State and ZIP Code: _____________________
Taxpayer I.D. No.: _______________________ Business License No.: ________________________
DIR Registration No. (if applicable): ______________________
By checking the box next to “QUESTIONS” below, Proposer acknowledges receipt of Questions and
Answers from the Public Purchase website pertaining to this RFP (if any): QUESTIONS: ☐
By listing the Addenda Numbers below and checking the box next to “ADDENDA” below, Proposer
acknowledges receipt of Addenda Number (s) ___, ___, ___, ___, from the Public Purchase website
pertaining to this RFP (if any). ADDENDA: ☐
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NON-COLLUSION DECLARATION
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351– Budget System
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing
proposal.
The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The proposal is genuine and not collusive or sham. The Proposer has
not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not
directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham
proposal, or that anyone shall refrain from bidding. The Proposer has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any
other Proposer, or to fix any overhead, profit, or cost element of the proposal price, or that of any other Proposer,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the proposal are true. The Proposer has not, directly or indirectly, submitted
its proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham proposal and has not paid, and
will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has
full power to execute, and does execute, this declaration on behalf of the Proposer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
and that this declaration is executed on __________________ [date], at ___________________[city],
_______________[state].
Name of Proposer
Signature
Name
Title
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PROPOSER'S STATEMENT REGARDING INSURANCE COVERAGE
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351– Budget System
PROPOSER HEREBY CERTIFIES that the Proposer has reviewed and understands the insurance coverag e
requirements specified in the RFP. Should the Proposer be awarded the contract for the Services, Proposer further
certifies that the Proposer can meet the specified requirements for insurance, including insurance coverage of the
subcontractors, and agrees to name the City as additional insured for the Services specified.
_____________________________________________
Name of Proposer (Person, Firm, or Corporation)
_____________________________________________
Signature of Proposer's Authorized Representative
_____________________________________________
Name and Title of Authorized Representative
____________________
Date of Signing
20
38077.00180\31157192.4
WORKER'S COMPENSATION INSURANCE CERTIFICATION
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351 –Budget System
The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which require
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
_____________________________________________
Name of Proposer (Person, Firm, or Corporation)
_____________________________________________
Signature of Proposer's Authorized Representative
_____________________________________________
Name and Title of Authorized Representative
____________________
Date of Signing
21
38077.00180\31157192.4
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE PUBLIC
PURCHASE SYSTEM
RFP No. 2351– Budget System
Certificate Generally
Consistent with a policy of nondiscrimination in employment on contracts of the City and in furtherance of the
provisions of Section 1735 and 1777.6 of the California Labor Code a "contractor's obligation for
nondiscriminatory employment certificate" as hereinafter set forth shall be attached and incorporated by reference
as an indispensable and integral term of all RFP specifications and contracts of the City for the construction,
repair, or improvement of public works.
Contents of Certificate
The Proposer's obligation for nondiscriminatory employment is as follows:
If awarded the contract and in performing the Services under the Agreement, the Proposer agrees as follows:
1. The Proposer will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical
handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair
Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is
based on a bona fide occupational qualification.
2. The Proposer will take positive action or ensure that applicants are employed and that employees
are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual
orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or
pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code
Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such
action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Proposer agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the City setting forth the provisions of this
nondiscrimination clause.
3. The Proposer will, in all solicitations or advertisements for employees placed by or on behalf of
the Proposer, state that all qualified applicants will receive consideration for employment without regard to race,
color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap,
medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and
Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona
fide occupational qualification.
4. The Proposer will send to each labor union or representative of workers, with which the Proposer
has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City
advising the said labor union or workers' representative of the Proposer's commitments under this provision, and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Proposer will permit access to the Proposer's records of employment, employment
advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices
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38077.00180\31157192.4
Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation
to ascertain compliance with the Proposer's obligation for nondiscriminatory employment provisions of the
Agreement, or Fair Employment Practices statute.
6. A finding of willful violation of the nondiscriminatory employment practices article of this
contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as
to future contracts for which the Proposer may submit quotes, the Proposer is a "disqualified proposer" for being
"non-responsible".
7. The City shall deem a finding of willful violation of the Fair Employment Practices Act to have
occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated
and determined that the Proposer has violated the Fair Employment Practices Act and has issued an order under
Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
8. Upon receipt of any such written notice, the City shall notify the Proposer that unless he or she
demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he or she
shall be declared a "disqualified proposer" until such time as the Proposer can demonstrate that he or she has
implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices
which constituted the violation found by the Fair Employment Practices Commission.
9. Upon receipt from any person of a complaint of alleged discrimination under any City contract,
the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the
complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the
existence of a discriminatory practice in violation of this contract.
10. In addition to any other remedy or action provided by law or the terms of this contract, the Proposer
agrees that, should the Council determine after a public hearing duly noticed to the Proposer that the Proposer has
not complied with the nondiscriminatory employment practices provisions of this contract or has willfully
violated such provisions, the City may, without liability of any kind, terminate, cancel, or suspend this contract,
in whole or in part. In addition, upon such determination, the Proposer shall, as a penalty to the City, forfeit a
penalty of Twenty-Five Dollars and Zero Cents ($25.00) for each calendar day, or portion thereof, for each person
who was denied employment as a result of such noncompliance. Such monies shall be recovered from the
Proposer. The City may deduct any such penalties from any monies due to the Proposer from the City.
11. The Proposer certifies to the City that he or she has met or will meet the following standards for
positive compliance, which shall be evaluated in each case by the City:
a. The Proposer shall notify all supervisors and other personnel officers in writing of the content of
the nondiscrimination provision and their responsibilities under it.
b. The Proposer shall notify all sources of employee referrals (including unions, employment
agencies, advertisements, Department of Employment) of the content of the nondiscrimination
provision.
c. The Proposer shall file a basic compliance report as required by the City. Willfully false statements
made in such reports shall be punishable as provided by law. The compliance report shall also
specify the sources of the workforce and who has the responsibility for determining whom to hire,
or whether or not to hire.
d. The Proposer shall notify the City of opposition to the nondiscrimination provision by individuals,
firms or organizations during the period of this contract.
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38077.00180\31157192.4
12. Nothing contained in this Proposer's Obligation for Nondiscriminatory Employment Certificate
shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at
law.
13. The Proposer certifies to the City that the Proposer will comply with the following requirements
with regard to all subcontractors and suppliers:
a. The Proposer will include the provisions of the foregoing paragraphs (1) through (8) in all
subcontracts and in any supply contract to be performed within the State of California, so that such
provisions will be equally binding upon each subcontractor and each supplier.
b. The Proposer will take such action with respect to any subcontract or purchase order as the City
may direct as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the Proposer becomes involved in, or is threatened with,
litigations with a subcontractor or supplier as a result of such direction by the City, the Proposer
may request the City to enter into such litigation to protect the interests of the City.
Signature of Proposer’s Authorized Representative
Name and Title of Authorized Representative
Date of Signing
24
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WAGE THEFT CERTIFICATION
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351– Budget System
The Proposer certifies subject to penalty for perjury that the option checked below relating to the Proposer and
its subcontractors’ status in regard to wage theft is true and correct:
Neither the Proposer nor any of its subcontractors have been found by a final court order or
administrative action of an investigatory government agency to have violated federal, state or local
wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California
Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid
submission deadline.
The Proposer or its subcontractors have been found by a final court order or administrative action of
an investigatory government agency to have violated federal, state or local wage and hour laws,
including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the
Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
For each violation, the Proposer shall provide a copy of (i) the final court order and/or final
administrative decision/action; and (ii) documents demonstrating either that the order/decision/action
has been fully satisfied, or if the order/decision/action has not been fully satisfied, documents
evidencing a payment or other alternative plan approved by the court/government agency to satisfy
the order/decision/action and proof that the Proposer or its subcontractors are in compliance with that
plan as of the bid submission deadline.
The City has exempted the Proposer from the requirements of the City of Milpitas Wage Theft
Procurement Policy.
Signature:
Printed Name:
Title:
Firm Name:
Date:
25
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REFERENCES
THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE
PUBLIC PURCHASE SYSTEM
RFP No. 2351– Budget System
Proposer: _______________________________________________
(Legal Name of Entity Submitting Proposal)
List three references for work of a similar nature to the Services performed within the last three years.
1. _________________________________ ____________________________ ___________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
_________________________________________________________________________
Description of Services Performed
2. _________________________________ ________________________________________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
___________________________________________________________________________
Description of Services Performed
3. _________________________________ ________________________________________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
___________________________________________________________________________
Description of Services Performed
I hereby certify that the Proposer performed the work listed above.
_____________________ ______________________ ____________________
Signature of Proposer Name Date
26
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EXHIBIT A – SCOPE OF WORK
RFP No. 2351– Budget System
[ATTACHED BEHIND THIS PAGE]
27
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EXHIBIT B – SAMPLE PROFESSIONAL SERVICES AGREEMENT
RFP No. 2351– Budget System
[ATTACHED BEHIND THIS PAGE]
28
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EXHIBIT C – MANDATORY PRICE WORKBOOK
RFP No. 2351– Budget System
[ATTACHED BEHIND THIS PAGE]
1
City of Milpitas
EXHIBIT A
Scope of Work - Budget System
OVERVIEW
The City of Milpitas (the City) is seeking proposals from qualified vendors or Contractors with
demonstrated experience in implementing, hosting, and supporting web-based budget
management, analysis, and forecasting software, that supports the ability to create and manage the
City’s Operating and Capital Improvement Program (CIP) budgets..
We place a priority on timely performance of this software implementation. Vendor’s record of
on-time implementation will be extremely important in determining vendor selection. The
software will allow users in various departments to track and manage their budgets (operating,
salaries & benefits, and capital project) and perform analysis. This system will help to manage
City’s budgets and ensure the efficient use of public funds.
The City reserves the right to accept or reject any or all Proposals, or to alter the selection process
in any way, to postpone the selection process for its own convenience at any time, to request
clarification of information submitted or to request additional information as desired, and/or to
waive any defects in the Proposals.
This RFP shall in no way be deemed to create a binding contract or agreement of any kind between
the City and the Vendor.
Vendor’s personnel to be used for this project shall be knowledgeable in their areas of expertise.
We reserve the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the contract.
GENERAL INFORMATION
The City of Milpitas has approximately 450 full-time employees in the following 15 departments:
• Building and Housing
• City Attorney
• City Clerk
• City Manager
• Economic Development
• Engineering
• Finance
• Fire
• Human Resources
• Information Technology
• Planning
• Police
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• City Council
• Public Works
• Recreation and Community Services
SCOPE OF WORK
The City of Milpitas Budget Office is a function within the Finance Department that provides
timely, accurate, and unfiltered information and analysis regarding budgeting, forecasting, and
fiscal policy issues to the public, City Council, City Manager’s Office, and City Departments,.
Originally implemented in 1999 through AMS (now owned by CGI), the City of Milpitas Finance
Department has administered city-wide budget preparation using the Software, BRASS. The city-
wide budget Software is used by all City departments to develop, prepare, analyze and share
information related to the City’s annual budget production process. BRASS’ official end-of-life is
December 2020. Given its current limited supported status, the City would like to replace the
Software as soon as possible, but at the latest will need to go live with a replacement System by
December 2019.
This RFP seeks to replace our current enterprise wide budget Software System, BRASS. The new
Software should, at a minimum, offer all existing functionality as well as additional functionality
indicated within the RFP. As such, a high level overview and description of current functionality
and the City’s FY 2020/21 budget process is provided in this section to help proposers understand
the City’s needs. The City is most interested in core functionality but does not want to rule out
using additional components in the future. The City’s Proposed Budget is refined over a series of
phases – the Base Budget and Proposed Budget phase. The Base Budget phase is a roll-over of
the current year budget with updated costs providing the same service level to departments and the
community. The Proposed Budget phase consists of budget changes which increase or decrease
the prior year service level. Department Requested Budget changes are entered and reviewed by
staff, and can be altered as a result of the Budget Office review and City Manager’s review . The
Proposed Budget is presented to Council and may be changed in the process of Council adoption
of the annual Budget. There are also mechanisms for adjusting the Adopted Budget throughout the
fiscal year based on Council approved budget amendments.
Currently, the Adopted Budget is built and maintained in separate databases which are archived
on an annual basis with necessary data being “rolled over” to create a new database for the new
fiscal year. The City would like to move toward an integrated system that supports all budget
processes and their relevant stages within one database. Further, the City would like to have
historical data migrated from the disparate databases into the single database.
The City prefers the Interface to be at least semi-automated. Manual Interfaces are acceptable but
are least preferred. The data model of the new Software must accept data types and values required
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by (Cayenta Financials version 7.7 or higher, and others). Currently, BRASS has the ability to
receive regular downloads from Cayenta of master data information, position/employee salary and
benefit information, and monthly budget and actuals files.
A major component of the budget process is projecting personnel costs for the coming fiscal year
and it is critical that any new System proposed has a robust and accurate personnel projection
engine that offers at least the same functionality as BRASS.
BRASS allows the departments to allocate position costs to fund centers, funds, functional areas
(programs), funded programs (projects), or grants and calculates the total budgeted costs of the
position. BRASS includes a number of “canned” reports that are pre-formatted displays of budget
information. Currently, BRASS reports cannot be further configured or created by City staff. The
reports can be viewed on screen or printed. While most are for output only, some have been
designed to be exported for manipulation. In addition to the pre-formatted reports, BRASS offers
spreadsheet views and advanced spreadsheet views. These are reporting tools that can be canned
‘public’ reports or on-the-fly tools designed by the User with limited formatting capabilities. They
can be viewed on screen, exported to Excel for data manipulation, or printed. To accommodate the
wide range of Users reporting needs, staff needs a flexible and robust report building tool with
substantial ability for the budget manager and staff to make edits or further configure “canned”
reports at the same time. The ability to easily export data to outside reporting tools is important.
The ability for users to save and share report formats or templates is desirable. Publishing: The
City’s budget book is published on the website and printed. This is currently done using
PatternStream, a Software package that has been configured to extract data from BRASS and other
sources (including Excel, Adobe FrameMaker, a custom built narrative editor, etc.) and combine
it into the final product. Publishing the budget book from within the Software is not required,
however, interfacing with an external publishing system is required. Proposers should specify how
their package meets the publication needs of the City or interfaces to external reporting packages
that do meet those needs.
It is imperative that the new System allows a large number of simultaneous users to collaborate on
the same budget. The System should support approximately 50-60 Users simultaneously accessing
a data without slowdowns, System lockouts or crashes. The System’s ability to calculate and
recalculate large data sets, page load time, and up-time (reliability) impact usability and will be
considered when selecting the Software.
The System must be flexible enough to change with the City’s processes. The number of Users,
the quantity of data, programs, cost centers, codes all may increase and the Software must scale
with it. Finance staff needs to be able to change/update the tool without Contractor
reimplementation. The City of Milpitas develops budgets based on an assumed starting point or
base, as aforementioned. Other municipalities practice forms of zero-based budgeting. The City of
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Milpitas is interested in securing a System that has the flexibility to accommodate changes to this
business process should a future administration choose to transition to zero-based budgeting
and/or a two-year budget.
Currently, the budget forecast development takes place outside the system (BRASS). Budget data
from the system is interfaced to Excel workbooks through macro enabled queries that pull
information from Brass. This information establishes the baseline budget year of the City’s Five-
Year Forecast, and projected numbers for future years are calculated using Excel. It is necessary
that the new System has the ability to develop budget forecasts of at least 10 years and up to 50
years. The review and update of the Master Fee Schedule is also an integral part of the budget
development process. As such, it is highly desired that the new System will be able to support the
development and update of user fees. Additionally, the development of overhead calculations is
currently done outside of the budget system. It is also highly desired that the new system can
perform these calculations based on user input of criteria and have the ability to automatically
allocate expenses based on different criteria (ie: operating budget, FTEs, salary budget, salary and
benefits budget, etc.)
Annual 5-year Capital Improvement Program (CIP)
Every year the City’s Engineering Department prepares a five-year Capital Improvement Program
(CIP) that provides the City Council, staff, and the public with a comprehensive planning tool for
budgeting and carrying out a wide range of capital projects. Also known as a Capital Budget, this
document allows us to identify estimated costs, priorities and schedules, funding sources and
financing methods necessary for delivering critical services to meet community demands. The CIP
is a vital step for the construction both for new capital assets including streets, parks, and other
public facilities, and for repairs and replacements of aging infrastructure. The CIP reflects
Council’s priorities and policies to ensure that the needs of a livable community are appropriately
and prudently met.
The document is arranged into six sections where projects are grouped according to type:
Community Improvements, Parks, Streets, Water, Sewer, and Storm Drain. The CIP is completed
using a program designed around Access Database. The software allows for the creation of project
descriptions, budgets, and years of funding. The software has limited ability for expandability or
easy modification of reports.
The new software system shall allow for the creation of individual project sheets with the ability
to insert maps, project descriptions, costs, financing, and shall accurately calculate and track these
with time.
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THIS PORTION OF THE FORM MUST BE PRINTED OUT, COMPLETED AND
UPLOADED BACK INTO THE PUBLIC PURCHASE SYSTEM
PART 1 - BUSINESS AND TECHNICAL REQUIREMENT
QUESTIONNAIRE
Desciption of Proposed Software
This section contains details of the business and technical requirements of the proposed Budget
Software solution. The “Value” indicates the value placed on each requirement. There are two
possible values:
M = Mandatory feature or function (Must Have)
D = Desirable feature or function
Proposer responses must be one of the following:
No – This response means that the product currently does not meet the requirement. No further
description is required; however, Proposer may wish to include additional information in the
response. A “blank” response shall be accepted as a “No”.
Yes – This response means that the product currently meets the requirement and that it is fully
functional in the software product being proposed. The proposer should indicate in each response
if either:
• There are any limitations in the proposed software in relation to the functionality requested
in the requirement. For example, if the requirement is “Maintain an extensive number of…”
the response should read “Can accommodate up to 10,000 instances of…” OR
• The software being proposed meets the requirement only with significant configuration,
customization, and/or use of associated software.
Proposers are required to respond to each item listed as part of their submission. Any
additional information provided to explain a “yes” or “no” to the software requirements can
be added as a referenced note after each respective requirement.
1) Create and track at least ten and up to 50 forecast years. (M)
Proposer Response:
2) Describe how your System accommodates multiple budget processes and stages (i.e.
budget development) throughout a single fiscal year. (M)
Proposer Response:
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3) Create “What-if” representations (scenarios) of the budget. (M)
Proposer Response:
4) Software interfaces or integrates with Integrated Financial Planning Software and
Enterprise Resource Program (ERPs) (Cayenta Financials version 7.7 or higher, and
others). (M)
Proposer Response:
5) True Web-based system with the ability for users to enter data via a web browser. What is
required on client workstations? (D)
Proposer Response:
6) Provide tools to reconcile and budget/forecast for salary and benefit costs including: Salary
and benefit planning by position based on employee groups’ benefits including vacancies.
Ability to easily move positions from one budget or cost center to another or split positions
between cost centers/fund function. (M)
Proposer Response:
7) Ability to input and automatically apply position-related benefit costs to positions based
on employee groups’ benefits. (M)
Proposer Response:
8) Ability to tie Key Performance Indicators to cost centers; graphically display KPIs, and
monitor through a dashboard functionality; ability for staff to input KPIs, export that
information, and display information in reports. (D)
Proposer Response:
9) Provide an audit trail of budget changes (who, when, and description of changes). (M)
Proposer Response:
10) Support the entry of descriptions, comments or notes to budget line items, and the
attachment of supporting documentation. (M)
Proposer Response:
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11) Ability to develop the projections and base budget directly in the system, ability to copy
and use prior year’s budget or actual amounts as a starting point. (M)
Proposer Response:
12) Support the automated roll up and consolidation of budget by category codes, object codes,
cost centers/funds, departments and divisions; have built in “flexibility” to accommodate
more object codes, cost centers, funds, etc.; system should automatically create new
account strings based upon newly entered funds, object codes, project numbers, etc. (M)
Proposer Response:
13) Drill down and search by account and/or description to plan/forecast/budget values and
underlying cost drivers. (M)
Proposer Response:
14) Report writing tool is available with options to use pre-built templates or custom made
reports. (M)
Proposer Response:
15) Ability for end users to create, customize, and maintain reports by users without the need
for IT or programming resources. (M)
Proposer Response:
16) Ability to create departmental salary/staffing reports that show positions, detail out salary
and benefits that support total compensation costs and FTEs. (M)
Proposer Response:
17) Provides multi-dimensionality reporting based on category code structure: year, by
department, by division, by account or object code, by cost center/fund function. Ability to
save user defined criteria/view/settings. Ability to run multiple reports at the same time by
the same and/or multiple users. (M)
Proposer Response:
18) Provide reports with year to year comparisons (budget and actuals) by user selected level
of detail or dimensions (funds/departments/division/programs/etc). (M)
Proposer Response:
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19) Support the export of reports to MS Word, Excel and PDF. (M)
Proposer Response:
20) Provide graphical analysis including: display financial data as tables, graphs and charts.
Ability for users to create custom graphical displays, graphs, and charts. (D)
Proposer Response:
21) Provide all Technical Documentations and Outline how current and future Support &
Upgrades will be handled for the software. (M)
Proposer Response:
22) User Logins, etc. shall integrate with Microsoft’s Active Directory. (D)
Proposer Response:
23) Ease of access to audit history /reports to clearly show changes in data. (M)
Proposer Response:
24) System administrator ability to selectively lock line items/sections from change. (M)
Proposer Response:
25) Ability to secure different modules/actions/budget stages, etc. to specific users. (M)
Proposer Response:
26) Provide the ability to secure budgets on a department by department or a budget by budget
basis. (M)
Proposer Response:
27) Describe training services/manuals available for end users. (D)
Proposer Response:
28) Describe training Services/manuals available for System Administrators. (D)
Proposer Response:
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29) Please describe a typical timeline for implementation of your System. (M)
Proposer Response:
30) Please describe your experience with unstructured data and your experience with Integrated
Financial Planning Software and Enterprise Resource Program (ERPs) (Cayenta Financials
and others, including publishing software). (M)
Proposer Response:
31) Describe any performance reporting functions and features in your System. Do these
features incorporate a variety of types of data (narrative and quantitative data)? Highlight
any collaboration capability in editing the narrative information. (D)
Proposer Response:
32) Describe your System’s ability to Integrate with third-party analytics platforms. (D)
Proposer Response:
33) Describe any kind of publishing Module functionality and features; including information
on the scope of functionality and provide details on what organizational role is typical to
maintain and support budget document publishing. (M)
Proposer Response:
34) Describe any kind of reporting Module functionality and features; including information
on the scope of functionality and level of technical expertise necessary to utilize the tool.
(M)
Proposer Response:
35) Describe any custom reporting features, report publishing, and report security features and
include how these reports can be shared and which reports, if any, can have their sharing
restricted by security features. (D)
Proposer Response:
36) Describe the final budget book publishing system. The City currently uses Patternstream.
Please provide some sample budget books. (M)
Proposer Response:
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37) The City of Milpitas is interested in securing a System that has the flexibility to
accommodate changes. Can your system perform zero-based budgeting and/or two year
budgets? (M)
Proposer Response:
38) Receives regular downloads from Integrated Financial Planning Software and Enterprise
Resource Program (ERPs) (Cayenta and others) of master data information, position
information, and monthly actuals files. (M)
Proposer Response:
39) General exception/error reports (M)\
Proposer Response:
40) Features module that users can enter and track requested budget changes (via reports, user
interfaces, etc.) to the budget by type (ie: new positions, new services and supplies, new
capital outlay, changes in benefits or salary, etc.). (M)
Proposer Response:
• Ability to project those changes in Forecast years. (M)
Proposer Response:
41) Has budget forms for users to input/change budget year amounts without the need for IT
or specialized resources. Input forms should also display actuals from prior years for
reference. (M)
Proposer Response:
42) Display positions and related benefit costs in reports by position and in summary form, and
ability to sort data in different ways (such as position category/classification, fund,
bargaining unit, department, etc.). (M)
Proposer Response:
43) Report that shows financial information is balanced (Tranfers In and Out, Revenues and
Expenditures, Fund Balances). (M)
Proposer Response:
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44) Ability to search, filter, and download all data input with all related fields (ie: amounts,
descriptions, fund/costing center, etc.) into Excel. (M)
Proposer Response:
45) Ability to automatically allocate expenses based on different criteria (ie: operating budget,
FTEs, salary budget, salary and benefits budget, etc.). (D)
Proposer Response:
46) System should allow for the creation of additional forms/fields by administrative users
without the need for IT or programming resources. (M)
Proposer Response:
47) Ability to publish the budget with dashboard functionality on the web in support of
transparent governing and an open data strategy. (D)
Proposer Response:
48) Ability to create, update, and track a multi-year Capital Improvement Budget. (M)
Proposer Response:
PART 2 - SOFTWARE AS A SERVICE (SaaS) QUESTIONNAIRE
A. Workstation Specifications
1) Does the Software run as a Windows 10 Standard User without administrative
permissions?
Proposer Response:
2) Does the Software run with the following web browsers? Proposer Response:
a) Internet Explorer 1? Proposer Response:
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b) Microsoft Edge? Proposer Response:
c) Chrome? Proposer Response:
3) Does the Software have any specific version dependency on plug-ins such as ActiveX?
Proposer Response:
4) Does the Software require a version of Java other than the most current release? Proposer
Response:
a) Can the workstation be kept up-to-date with the most current version of Java
and not impact use of the service? Proposer Response:
5) Does the Software require client Software to be installed on the workstation?
Proposer Response:
6) How are updates installed? (ie: Cloud-based, client can install automatically themselves)
Proposer Response:
B. Architecture Specifications – On-site hosting Specifications (if hosted in on-site)
1) What is the basic architecture of the service (tiered, client/server, etc.)?
Proposer Response:
2) What are the server hardware / Software Specifications? Proposer Response:
C. System Integration
1) Does the Software Integrate with Microsoft Office products? Proposer Response:
a) Which products? Proposer Response:
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b) Is the Software compatible or certified for use with Office 2016 Pro Plus (with
click-to-run) deployed to local machines with Office 365 subscriptions?
Proposer Response:
c) Describe the Integration. Proposer Response:
D. User Access Flexibility
1) How are end Users authenticated? What are the City's options? Proposer Response:
a) Is the service capable with Single Sign-On Integration with either City identity
authority (ActiveDirectory, Active Directory Federation Service (SAML 2.0 like
Interface)? Proposer Response:
E. License Management
1) How is the Product licensed: Proposer Response:
a) by named User (one license per User regardless of frequency of use),
Proposer Response:
c) by maximum number of Users at any given time (concurrent),
Proposer Response:
c) a single site license with unlimited Users. Proposer Response:
2) Are licenses Included in the Software purchase or purchased separately?
Proposer Response:
F. Records Search / Discovery / Archiving
1) How long is data kept online for a SaaS based System? Proposer Response:
2) Is it easily searchable? Proposer Response:
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G. Software Customization
1) Are there Customizations anticipated? Proposer Response:
a) Who will perform the Customization – in-house or the Contractor?
Proposer Response:
2) How is the cost of Customization determined? Proposer Response:
3) Who will maintain Customizations? Proposer Response:
PART 3 - SYSTEMS HOSTED IN THE CLOUD QUESTIONNAIRE
A. Information Security
1) What data are being hosted/stored for this service? Proposer Response:
2) Where is the data stored? Proposer Response:
3) Who “owns” the data? Proposer Response:
4) If the data is sensitive, is the company certified to handle this type of data? (Hosting
company’s policies) Proposer Response:
a) Cardholder data- PCI-DSS? Proposer Response:
b) Sarbanes-Oxley? Proposer Response:
c) Protected Health Information- HIPAA? Proposer Response:
d) Other security certifications? Proposer Response:
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5) What Access does the Contractor have to the City’s data? Proposer Response:
a) Data rights: Does the hosting company have any right to use or resell the data,
with or without consent? Proposer Response:
6) Are login and sign-up portions of a hosted, web-based Software running over a
secured communications channel (TLS) and how are TLS certificates managed?
Proposer Response:
7) Are data encrypted in transport and at rest? Proposer Response:
B. Backup Procedures
1) Is the Contractor backing up the data or is the City responsible for backups?
Proposer Response:
a) What is the Contractor’s Service Level Agreement (SLA) for backing up and
restoring the data? Proposer Response:
b) How frequently will data be backed up? Proposer Response:
c) Where is the backup data stored? (Regions, inside/outside the USA)
Proposer Response:
d) If data is lost or corrupted, how will it be restored? Proposer Response:
e) What is the Contractors stated timeframe for restoring the data?
Proposer Response:
C. Disaster Recovery
1) If your hosted Software is unavailable, what are your responsibilities?
Proposer Response:
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2) What is the Contractor’s plan to notify the City of service outages? For example, how
will service outages be communicated, and how will you be informed when the service
has been restored? Proposer Response:
3) Does hosted System include an offsite or secondary repository for the data?
Proposer Response:
4) Does the hosted System automatically fail over to a secondary site if the primary site
has a failure? Proposer Response:
a) Is the User experience interrupted? Proposer Response:
5) What is the Contractor’s SLA for restoring the service? Proposer Response:
D. Software Architecture
1) In a cloud Software, is the City’s instance of the Software dedicated or shared with
other tenants? Proposer Response:
2) What Cloud provider do you host your System? Azure, AWS etc. If you host in more
than one provider, please describe the pros and cons of each. Proposer Response:
E. Database Administration
1) For cloud applications, is the City’s data in a dedicated instance of the database, or co-
mingled with other subscriber organization’s data? Proposer Response:
2) What database platform(s) are supported? Proposer Response:
3) Does the City have the ability to have direct access to the database such as ODBC?
Proposer Response:
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4) Can you download data from this System into Excel or another format?
Proposer Response:
5) How are downloads accomplished? Proposer Response:
6) If the Contractor goes out of business, or the City ceases to use the service, does the
data need to be captured? Proposer Response:
a) How will the Contractor provide the data and in what format?
Proposer Response:
F. Data Conversion
1) Are data and/or database formats open or industry standard or proprietary?
Proposer Response:
G. Patch and Version Update Maintenance
1) What is the hosting company’s SLA and process for addressing major Software bugs?
Attach sample document. Proposer Response:
2) What is the hosting company’s SLA and process for applying patches and updates?
Attach sample document. Proposer Response:
3) What is the notification lead-time? Proposer Response:
4) Can the City control when Updates, Upgrades and new functionality are applied to the
City’s instance of the Software and data? Proposer Response:
5) Do you include environments such as sandbox, development, and test?
Proposer Response:
6) Please describe how changes are moved between development and production.
Proposer Response:
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H. Hosting Subcontract Issues
1) Is the hosted service dependent upon another hosted service, e.g. a Software-as-a-
Service (SaaS) that is dependent upon another company for platform-as-a-service (PaaS)
or infrastructure-as-aservice (IaaS)? If so, provide a copy of the agreement between
Proposer and their service provider. Proposer Response:
I. GIS Mapping (if applicable)
1) Does your System support GIS Integration? Proposer Response:
2) The city standard GIS platform is ESRI. Please describe how your System would
Integrate with the City ESRI enterprise platform. Proposer Response: