50-M0087-24-CP331_Mobikasa Sole Source packet.pdf.PDF

City of Santa Fe, New Mexico

SOLE SOURCE REQUEST AND DETERMINATION FORM

This Sole Source request form must be submitted to the Central Purchasing Division for authorization, determination, and processing by the Chief Procurement Officer (CPO).

Complete this form in its entirety!

Date: Prepared By:

Email: Phone #:

Description of Goods/Service to be Procured (short title):

Vendor Name:

Address:

City: State: Zip Code:

Justification (choose from the drop down): Proprietary

Type of good/service (choose from the drop down): License Renewals

*Estimated Cost: Term of Contract:

*Tax is subject to change. Ensure the amount matches the amount to be invoiced. If the vendor must charge tax, they need to state that “tax will be added on the invoice” or include it in their quote.

Quantity of the service:

example: 12 MONTHS, 15 LICENSES, ETC.

Conversion: To Contract Org / Object:

Place checkmarks to affirm you agree and have included these documents:

The vendor has affirmed sole source for the services, construction, or items of tangible personal property by providing a letter on company letterhead signed by leadership affirming they are the sole provider of the goods/services outlined in the scope of work, and documentation has been provided that due diligence was conducted to identify other possible vendors/contractors to provide the requested services/goods but proved unsuccessful.

Itemized price quote from sole source vendor fully detailing costs for goods/services in scope of work. (Must state whether they are going to charge tax or not.)

If contract value exceeds CM Approval Amount, include agenda item to present to 2 Committees and Governing Body.

8/7/2024 Xavier Vigil

135 Madison Avenue, 8th Floor

$71,000 4 years

505-955-6514xivigil@santafenm.gov

Mobikasa

New York NY 10016

48 months, one license

1000216.510310

Public Campaign Financing Online Portal

Place checkmarks to affirm this request aligns with each of the requirements in NMSA 1978, Section 13- 1-126:

There is only one source for the required service, construction, or item of tangible personal property.

The service, construction, or item of tangible personal property is unique and this uniqueness is substantially related to the intended purpose of the contract.

Other similar services, construction, or items of tangible personal property cannot meet the intended purpose of the contract.

1. Explain the purpose/need of purchase. Ensure to include a thorough scope of work for the services, construction, or item(s) of tangible personal property (if this is an amendment request to an existing contract, attach current contract).

-Please note that specifications cannot be narrowly drafted to preclude competition solely to allow award to a favored vendor.

The purpose of this contract is to provide an online portal to report public campaign financing expenditures for City of Santa Fe Election Candidates using public campaign financing.

2. Provide a detailed explanation of the criteria developed and specified by the department as necessary to perform and/or fulfill the contract.

In 2021, the City Clerk’s Office reached out to the City of Albuquerque regarding the website they utilize for candidates to collect and report campaign contributions. The site is built to verify a voter's registration against the NM Secretary of State's voter registration database through an API. The intent is to allow a voter to donate only to a candidate in whose district they live. In a Mayoral race, the site should allow any voter in the City to donate to a Mayoral candidate. The donation is always a standard $5. A voter can donate to as many candidates in the district for which they live, but they should not be allowed to donate to any candidate more than once. Additionally, the site will allow for candidates to get electronic signatures for nominating petitions via the website. The City Clerk's office is striving to simplify public campaign finance reporting and how a candidate receives signatures for petitions in a modern and efficient manner.

3. Provide an explanation of the prospective vendor's unique qualifications, proprietary rights, or capabilities that make them the only source able to meet the intended purpose of the contract.

Uniqueness should be fact-based and substantially related to the contract's purpose. Reasons should focus on factual uniqueness rather than statements such as "best" or "least costly" source.

The City of Santa Fe and the City of Albuquerque are the only two cities in the State of New Mexico to provide public campaign financing to candidates seeking election. The City of Albuquerque did the footwork with the vendor to create the online portal and the City of Santa Fe has utilized the vendor’s previous work done with the City of Albuquerque for its Public Financing Portal.

4. Explain why other similar professional services, services, construction, or item(s) of tangible personal property cannot meet the intended purpose of the contract.

No one else has access to the proprietary software the vendor uses to provide the online portal; the portal is very specific to public campaign financing.

Approvals:

Based on the above facts, the City of Santa Fe Purchasing Officer has made the determination that the justification for a Sole Source procurement is in accordance with NMSA 1978, Section 13-1-126 and shall be posted for a 30-day period prior to award.

_____________________________________________ Date: _________________ Travis Dutton-Leyda, CPO for the City of Santa Fe

Department Approval by:

_____________________________________________ Date: _________________ Geralyn Cardenas, Interim City Clerk

Pursuant to NMSA 1978, Section 13-1-126 Sole Source Procurement, the 30-day posting period of the Notice of Intent to Award this Sole Source request was met and no objections to the award to the above referenced vendor were received. This Sole Source determination will be valid for the term stated on the first page of this document.

_____________________________________________ Date: _________________ Travis Dutton-Leyda, CPO for the City of Santa Fe

Aug 12, 2024 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAcpshxhcNDaww7FwHkhKdrg0NE6D_BnJz

135 Madison Ave, 8th FL, New York, NY 10016

Agreement for Hosting and server maintenance including support hours

For City of Santa Fe

May 27, 2024

Prepared by Mobikasa LLC

Confidential and proprietary

City of Santa Fe (hereinafter “client”) hereby engages Mobikasa as vendor (“vendor”) to carry out Hosting and Server maintenance, design and development upgrades to their website.

Hosting

Vendor shall be responsible for the costs of website server hosting with Amazon Web Services (AWS). Estimated hosting fee is capped to $240 per month based on the application (development in progress) and estimated traffic. The server infrastructure might need to be upgraded in the following instances. Applicable increase in cost would be conveyed to client and support hours reduced accordingly in order to avoid changes to the ongoing contract.

- New feature additions to the application that require significant computing resources.

- Gradual increase in traffic over the course of this contract.

- Price updates by the hosting provider.

Scope of Services

Server Maintenance: Vendor is responsible for keeping a regular check on server health, the error logs, backup verification and performance checks to avoid unexpected downtimes, performance issues and loss of data. Applicable tracking tools would also be installed (paid by Vendor) for alerts to ensure minimum downtime. Applicable security patches would also be installed as available.

Upgrades to the application: Ad Hoc development requests from the client for required upgrades to the application. Following services would be provided:

- Project management.

- Software development.

- Graphic designs.

- QA.

260 hours annually will be allocated for these upgrades. A shared google sheet would be maintained for keeping a track.

Scope Limitations

Vendor will not be responsible for the following:

• It’s the Client’s responsibility to adhere to all the copyrights and trademarks. • The client will be sharing graphic designs and related artwork.

• If the third-party apps change their services/policies, it is beyond Vendors control.

Compensation

The total fee for providing this service is $16,500 to be paid upfront. Vendor will provide support for hosting and server maintenance and a total 260 support hours. These hours need to be used within a period of 12 months. Support hours will be tracked using a shared file on google drive or equivalent.

On completion of the 260 hours, another 260 hours can be purchased for $11,000. Annual Renewal of the agreement will be subject to an additional 5% yearly increase in overall cost.

Client’s Responsibilities

• Be actively involved in testing. All deliverables would be internally QA’ed by Mobikasa before seeking client approval, but we expect client to review it on their end too. Mobikasa should not be held responsible for financial losses resulting due to unexplored use cases or bugs including bugs from 3rd party integrations

• Provide timely inputs and feedback as required.

• Provide graphics, text and design inputs.

• Be available for calls as needed to answer questions.

Term

The term of this agreement commences on 15th April, 2024 and is valid till 14th April, 2025.

Support

Vendor will provide complete support for all development tasks carried out and provide free service in case of unexpected bugs/issues discovery for a period of 3 months after work. This free service will not be provided if the bugs come up due to changes to the theme files by client’s end.

Any new task after the support and development hours are exhausted will be carried out at $ 39 per hour for development and graphic designing.

Independent Contract Status

The parties intend this Agreement to create an independent Contractor relationship. Neither Contractor nor its employees or agents are to be considered agents or employees of Customer for any purpose, including that of federal and state taxation, federal, state, and local employment laws, or employee benefits. This agreement also binds the customer to not hire contractor’s employees working on the project for a minimum of 2 years post completion of this contract term.

Compliance with Law

All services rendered by Vendor and its employees pursuant to this Agreement shall confirm with and be in full compliance with all applicable Laws. If there is any legal issue that arises in future, the Customer or Contractor can file a case in New Mexico courts. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of New Mexico, without regard to its conflict of laws rules

Entire Agreement

This agreement constitutes the entire agreement with respect to subject matter herein and supersedes all prior or contemporaneous oral or written agreements concerning such services.

Termination

Client can terminate the contract if the services provided by Vendor are not aligned with the needs of the client. In this case, all working hours for the vendor shall be paid in full. Vendor might refund part of the payment or client shall pay the outstanding amount at termination.

Authorization

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement. You have legal authority to execute this agreement. In witness whereof, each of the parties hereto has caused this Agreement to be duly executed as of the date below.

For Vendor (__________________) For Client (___________________)

By: _________________________ By: ____________________________

Name: ______________________ Name: _________________________

Title: _______________________ Title: __________________________

Date: _______________________ Date: __________________________

Address: ____________________ Address: ________________________

VIGIL, XAVIER I.

From: Mohd Uzair <mohduzair@mobikasa.com> Sent: Monday, August 12, 2024 12:05 PM To: VIGIL, XAVIER I.

Cc: CARDENAS, GERALYN F.; Pmo Subject: Re: Letter for sole source procurement

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Xavier, I hope you are doing well.

Thanks for your efforts in getting this contract renewed. Below are the reasons why Mobikasa is the best fit for maintaining the public campaign financing portal:

We have built this portal originally and even hosted this on our own servers so we know this portal best.

Given our in-depth understanding of the application's architecture, we can efficiently implement upgrades with minimal complexity, ensuring it remains future-proof.

We have all staging and development environments in place, allowing us to deploy new features without interrupting the experience of users, whether they are voters or candidates

This application is not only being used by the City of Santa Fe but also by the State of New Mexico and the City of Albuquerque (with additional features/changes) so we have the required experience to scale this up.

Let me know if you need any other pointers from our side. I will be happy to help

On Mon, Aug 12, 2024 at 10:54 PM VIGIL, XAVIER I. <xivigil@santafenm.gov> wrote:

Hi Mohd, I hope you are doing well.

I am working on getting our contract executed and in order to get the approval from our finance department, we need a letter from mobikasa explaining why they are the only vendor that can offer the services that you provide for our public campaign financing portal. We need this so that we can go forward with the sole source procurement. Can you send me something like that? Nothing too crazy;

you can even put it in the reply to this email and that would suffice. If you have any questions, please let me know.

Xavier (ex-ay-vier) Vigil

Committee and Contracts Coordinator

City Clerk’s Office

Community Engagement Department

(505) 955-6514

Thanks & Regards, Mohd Uzair | Client Success Manager

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IN: +91 9810210647

Web Solutions | Mobile & Tablet Apps | Digital Marketing

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Mobikasa Sole Source packet Final Audit Report 2024-08-12

Created: 2024-08-12

By: Kristy Miera (kamiera@santafenm.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAcpshxhcNDaww7FwHkhKdrg0NE6D_BnJz

"Mobikasa Sole Source packet" History Document created by Kristy Miera (kamiera@santafenm.gov) 2024-08-12 - 8:07:29 PM GMT- IP address: 63.232.20.2

Document emailed to Travis Dutton-Leyda (tkduttonleyda@santafenm.gov) for signature

2024-08-12 - 8:10:50 PM GMT

Email viewed by Travis Dutton-Leyda (tkduttonleyda@santafenm.gov) 2024-08-12 - 8:24:37 PM GMT- IP address: 63.232.20.2

Document e-signed by Travis Dutton-Leyda (tkduttonleyda@santafenm.gov) Signature Date: 2024-08-12 - 8:26:18 PM GMT - Time Source: server- IP address: 63.232.20.2

Agreement completed.

2024-08-12 - 8:26:18 PM GMT