CITY OF SANTA MONICA

CAO CRIMINAL CASE MANAGEMENT SYSTEM

REQUEST FOR PROPOSALS

City Attorney's Office

RELEASE DATE: March 29, 2022

DEADLINE FOR QUESTIONS: April 15, 2022

RESPONSE DEADLINE: May 13, 2022, 3:00 pm

APPROVED FOR ADVERTISEMENT

CITY CONTACT:

Bradley Michaud

City of Santa Monica

Request for Proposals CAO Criminal Case Management System

Table of Contents

1. Introduction

2. Scope of Work

3. Vendor Questionnaire

4. Evaluation Criteria

5. Award Process

6. Terms & Conditions

Attachments:

A - Proposer Checklist

B - Non-Discrimination Policy, Debarment Certification & Non-Collusion Declaration

C - IT Consultant Insurance

D - Living Wage Certification & Oaks Disclosure

E - Certificate of Compliance

F - Software as a Service Template

G - CAO CMS Requirements

H - Crim Filing Workflow Diagram

I - CSM RFP Common Security Requirements

J - CSM Technology Questionnaire

K - CSM VISA Questionnaire

L - MandatoryVaccinationPolicy-PfizerApproved_8-23-21 (5)

M - COVID_19_Vaccine_Policy_Attestation (8)

Request for Proposals

CAO Criminal Case Management System

1 INTRODUCTION

1.1 Summary

The City Attorney's Office of the City of Santa Monica is soliciting proposals for a cloud based (SaaS) case management system for its Criminal Division. The ideal system desired by the City should include functionality that can generate case matters, incorporates both auto-fill and import functions, and integrates seamlessly with systems used by City’s law enforcement partners and with the Los Angeles County criminal court system. The ideal system should also generate workflows, generate and track case-related documents, use a charging library, track restitution, create rules-based alerts, provide audit trails and reports, integrate role-based permissions and workflows, contain robust search capabilities, generate subpoenas, integrate with MS Office, and have the ability to both receive and share electronic discovery. Finally, the ideal system should be cloud-based, compliant with DOJ certification requirements, and be able import legacy case management data through a timely and error-free process.

The Santa Monica City Attorney’s Criminal Division currently conducts its work using both Microsoft SharePoint and a legacy Case Management System.

The Criminal Division prosecutes criminal misdemeanor offenses that occur in the City of Santa Monica. Prosecuted offenses range from Penal Code violations, such as driving under the influence, assault, theft, and domestic violence, to infractions violating of local city ordinances. Most cases are referred by the Santa Monica Police Department, but cases also come from other City departments and other public agencies. The Criminal Division assists victims of crime (especially victims of family violence) by providing support in court proceedings, connecting victims to available resources, and processing restitution payments. The Criminal Division also staffs the City's drug, mental illness, and homeless courts, which are diversion programs designed to address and remedy underlying causes of unlawful conduct with a focus on racial equity within the justice system.

1.2 Contact Information

The City has designated Bradley Michaud, as its contact (the “City Contact”) for this request for proposals document (“RFP”). The City Contact’s information is listed below:

Any inquiries or requests regarding this RFP should be submitted via ProcureNow.

Other City officers, agents, employees or representatives do not have authority to respond on behalf of the City. Contact with unauthorized City personnel during the selection process may result in disqualification.

Bradley Michaud Legal Operations Coordinator 1685 Main Street

Request for Proposals

CAO Criminal Case Management System

Room 310 Santa Monica, CA 90401 Email: bradley.michaud@santamonica.gov Phone: (310) 434-2628 Department:

City Attorney's Office

Department Head:

Joseph Lawrence Interim City Attorney

1.3 Timeline

Proposal Calendar

The following is a list of key dates:

Release Project Date March 29, 2022

Question Submission Deadline April 15, 2022, 3:00pm

Question Response Deadline May 2, 2022, 5:00pm

Proposal Submission Deadline May 13, 2022, 3:00pm

2 SCOPE OF WORK

Insert detailed statement/scope of work and deliverables including reporting requirements. List the criteria that must be met and that will be used to score and evaluate the proposals.

2.1 Scope of Work

The City of Santa Monica is seeking criminal case management software that can meet its current and future operational needs and prosecutorial requirements. The expected term of this engagement is not less than five years.

Set-up, training, and data migration are required. The following is a detailed scope that the ideal software solution would provide. Please note that this is the City’s ideal and proposers will be evaluated holistically on the capability of their software to meet the business needs of the City. Generally, the requirements at a minimum for the Criminal Case Management solution are:

• User friendly navigation interface requiring minimal training mailto:bradley.michaud@santamonica.gov tel:(310)434-2628

Request for Proposals

CAO Criminal Case Management System

• Excellent technical support for troubleshooting as needed

• Data can be stored and exported as needed with audit trail for changes, communication, and activities within the projects

• Integration with Microsoft Outlook and Microsoft Word.

• Software must provide configurable dashboard capability allowing for:

a) Users to quickly understand the status of each cases and react quickly to issues, concerns, delays, etc.

b) A graphically rich summary of various data for internal reporting and staff reports.

c) Automation of the process by which users are notified when case thresholds and milestones are achieved. Also provides alerts when user defined criteria are not met.

• Software must support case management from beginning to end (i.e., case initiation to charging to disposition.)

• Software must be able to generate a new case matter with multiple unique identifiers (court case number and DR number) and multiple defendants. Ideally, the system will provide a criminal case referral intake portal and workflow.

• Software must be able to auto-fill information pulled from SPMD RMS system. IE defendants name and booking information, arrest/incident date, court date, victim and witness name and contact information, DR numbers, citation numbers, etc.

• Software must have the ability to notify user when a unique identifier such as DR# is already in the system to avoid duplications.

• Software must have the ability to input and store victim and witness names on a case not originally imported

• Software must have the ability to assign a workflow after a new matter is generated and track what tasks have been completed.

• Within each case matter, Software must have the ability to ability to generate and save several types of documents: criminal complaint, e-subpoenas, e-mails, arraignment, transmittals, letter, face sheet, police reports, videos, photos, restitution letters with auto-populated case/mail merge information depending on type of template.

• Software must support interaction with a charging library with list of charges (SMMC, Penal and Vehicle Codes etc.) and corresponding language to auto-populate criminal complaint forms. Must accommodate periodic revisions to legal authorities with the ability to edit language and date on generated complaint and on any future e-filing format.

• Software must have the ability to track restitution ordered by the court and paid by the defendant. Restitution may be paid in a single-payment or multiple payments.

• Software must have the ability to generate rules-based alerts and generate a work-flow alert and/or report coinciding with specific dates (e.g., end of probationary terms for prosecutor review, retention schedules for records transfer/destruction, request for

Request for Proposals

CAO Criminal Case Management System discovery, subpoenas, supervisor review, needs attention from an attorney or legal secretary).

• Reporting functionality must be robust; reports must be easy for users to develop and generate; data can be compiled for one, many, or all cases in the system;

• Document management functionality must be robust and cover all aspects of case development, distribution to users, and storage for specific case management activities.

Software must support administration and management of multiple file types including but not limited to photos, videos, and other image file types.

• Software should serve as the historical repository and archive for case documents and reporting consistent with federal reporting guidelines and requirements as well as the City’s document retention policy and procedures.

• Software should provide ability for City to establish pre-determined pre-approval, approval, and post-approval processes, calendars, and rules;

• Software should allow for not less than 15 concurrent users on the platform. Proposers should clearly and fully explain their platform’s methodology related to City users of the software. Software shall, at a minimum, allow for City to transfer license seats to other users due to separation from City, retirement, etc. at no cost to the City.

• Via API and/or ISAB, allow interface with partner agency systems such as the LA Superior Court Data & Document Exchange Service (DDES), Santa Monica Police Department CAD/RMS and future Criminal e-filing mandates from LA County Court.

Updates to system based on changing requirements from other interfaces must be built into this contract and require no additional fee.

• Software must have the ability to access the system through iPad, Surface Pro or other commonly used tablet devices, ability to access the system through iPhone or Android based smart phones, and the ability to access the system through a multitude of web browsers (Safari, Chrome, Firefox, etc.)

• Ability to customize and create reports as needed, including the following: Aging Case Report, Pending Charging Report, Upcoming Jury Trial Report, Custody Filings, Charging Trends, Reports by Calendar Court Proceeding Date, Records Retention Reports, Records Retention Index, Records Destruction Report with workflow to Bulk Destruction of Electronic Data, Restitution Collection, Total Cases filed, Total Cases entered, Total Cases rejected, Total cases reduced to infraction, Total Cases for Particular Charges, and Total cases submitted by other agencies.

• Software must have the ability to track all actions related to case matters with the ability to share and received electronic discovery with internal and external parties while providing the audit trails necessary to track when discovery is provided/reviewed.

• Software must use Role Based Permissions and Workflows based on attorney, staff or client role.

Request for Proposals

CAO Criminal Case Management System

• Software must have the ability to input and view case notes in chronical order on one screen along with date information that is not limited by a character count. The ability to add hyperlink to case notes.

• Software must have the ability to search by name, case number, DR number and a mechanism to see when cases are related. I.e., same victim in a case involving different defendants Ability to create Views or a similar format to see what’s down the pipeline in Pending Cases, Reviewed, Custodies, On calendar, etc.

• Software must have the ability to electronically subpoena Santa Monice Police Department Officers, officers from outside agencies, and witnesses. Subpoenas should have the ability to auto-populate, create, edit, print, and email. capabilities.

• Software must have the ability to email directly from the system both internally and externally. Should be able to include attachments from documents contained in the system as well as reports that are generated from the system.

• Software must have the ability to automatically perform Optical Character Recognition in Portable Document Format files to allow text search and comply with Criminal Court efiling rules.

DATA SECURITY

Security and good data management practices are an important part of the City’s IT strategy. The proposer shall detail their approach to maintaining a high-level of cybersecurity and redundancy. Specific topics to discuss include:

a) Hosting the Software Solution in an certified data center with industry appropriate security controls

b) Delivering a minimum of 99.95% uptime for system availability not including scheduled time for system maintenance

c) Industry-standard fail-over, backup and disaster recovery capabilities

d) Data encryption while in motion and at rest

e) Compliance with all City data and technology requirements, as per the attachments to this RFP.

IMPLEMENTATION

a) The proposer should offer comprehensive implementation services including but not limited to data migration, configuration, mobile, integration, and training.

b) Proposer implementation methodology includes developing case workflows in support of City prosecutorial functions.

c) The proposer/vendor offers access to a web-based system.

d) The software uses Web Application Program Interface (API) for integration with other information systems

e) The proposer has ability to import data from legacy systems, currently SharePoint and CityLaw.

Request for Proposals

CAO Criminal Case Management System

f) The proposer offers remote or onsite training of users and administrators according to organizational needs

g) The proposer provides customer service for software upgrades

h) At start of the project, provide a detailed project plan that includes critical processes and activities that ensure compliance with the project scope and schedule

i) At start of the project, provide a detailed schedule of activities and expected/dependency City activities

j) During the project, facilitate and provide routine status reports including pending decisions, schedule, overall status of activities, budget performance, issues, and risk

IMPLEMENTATION SCHEDULE

Please include a high level, milestone-based implementation schedule. Assume CITY approval and contract signing by September 1, 2022.

3 VENDOR QUESTIONNAIRE

3.1 Proposal*

Upload proposal here.

*Response required

3.2 Letter of Transmittal*

Please upload your letter of Transmittal as a PDF here. Make sure to include the following items.

A. Identify the submitting organization;

B. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization;

C. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization;

D. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification;

E. Be signed by the person authorized to contractually obligate the organization;

F. Acknowledge receipt of any and all amendments to this RFP.

*Response required

Request for Proposals

CAO Criminal Case Management System

3.3 Qualifications*

Provide a brief summary of your company’s history, its capabilities, and its recent relevant experience (last five years). Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.

*Response required

3.4 Key Personnel*

Describe the project team composition and include resumes of key personnel. Proposed members should be available for ninety (90) days from the proposal due date. The City must be promptly notified of any changes in key personnel prior to award.

*Response required

3.5 References*

List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.

*Response required

3.6 Project Work Plan/Implementation*

Describe your understanding of the project and approach. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project. List any resources you expect the City to provide.

*Response required

3.7 Cost Proposal*

Provide a proposed total fee outlining the proposal and identify the hourly fee schedule for all personnel to be involved in the project. The hourly rates should include fringe benefits, indirect costs and profit. The Consultant should also indicate what percentage of the scope of work is expected to be completed by each individual or pay classification included in fee proposal. Additionally, if applicable, a schedule of reimbursable expenses should be included.

*Response required

3.8 Data Security Plan*

Request for Proposals

CAO Criminal Case Management System

3.9 Other Required Responses

3.9.1 RFP Addenda if issued

3.9.2 Business License Requirements

WHO NEEDS A BUSINESS LICENSE?

1. Is this vendor physically located in the City of Santa Monica?

Yes (Vendor must have a City of Santa Monica business license - contact the Business License unit for the appropriate forms. Skip question 2 & continue to “ADDITIONAL REQUIREMENTS” section below)

No (Continue to the next question)

2. Does this vendor physically come into the City of Santa Monica to conduct business and/or make deliveries?

Yes (Vendor must have a City of Santa Monica Out-of City Business License. contact the Business License unit for the appropriate forms. Continue to “ADDITIONAL REQUIREMENTS” section below)

No (STOP, no license needed)

ADDITIONAL REQUIREMENTS:

If this vendor is located in or comes into the City of Santa Monica to conduct business, in addition to having a CITY OF SANTA MONICA BUSINESS LICENSE, they will be required to have insurance (see agreement for descriptions).

The business license documentation is only required from the successful Proposer.

3.9.3 Notice Regarding Disclosure of Contents of Documents*

All responses to this Request for Proposal (RFP) accepted by the City of Santa Monica (City) shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

☐ Please confirm

Request for Proposals

CAO Criminal Case Management System

3.10 Vaccinaition Policy

Please download the below documents, complete, and upload.

3.10.1 Upload signed vaccination attestation.*

Please download the below documents, complete, and upload.

• MandatoryVaccinationPolicy-...

• COVID_19_Vaccine_Policy_Att...

*Response required

4 EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience Evaluation will be based on documented experience on similar projects. Assign points that may be awarded for Record/Financial Stability/Quality

Level of the firm’s previous projects of comparable complexity, scale and nature;

training and proven expertise in the area of work required; Efficiency and timeliness in completion of projects. Experience in projects completed for public entities.

Review of sub-consultants.

Points Based 15 (15% of Total)

2. References Evaluation will be based on documented experience on similar projects. The consultant’s work shall be such as to ensure that the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients

Points Based 5 (5% of Total)

3. Work Plans/Timelines The capability to perform the work within the desired time frame. The ability and past experience in assembling a highly qualified team of sub-consultants.

Points Based 5 (5% of Total) https://government-project.s3.us-west-2.amazonaws.com/14506/5ab23569-b8d6-4a66-9986-cf5a980c55e3_MandatoryVaccinationPolicy-PfizerApproved_8-23-21.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1652486198&Signature=F62u7OZSRIT0YW%2FfXfoG72QabtA%3D&response-content-disposition=attachment%3B%20filename%3D%22MandatoryVaccinationPolicy-PfizerApproved_8-23-21.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/14506/249ef3db-cf73-4ad7-95b0-55e2bb52f575_COVID_19_Vaccine_Policy_Attestation.docx?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1652486198&Signature=bq%2FaeRd2AY14lDrBS%2F4AeD8eNKU%3D&response-content-disposition=attachment%3B%20filename%3D%22COVID_19_Vaccine_Policy_Attestation.docx%22

Request for Proposals

CAO Criminal Case Management System

4. Project Team Assign points that may be earned by any proposer based upon qualifications of the project team, effective communication and understanding of the project goals, experience with similar projections, and the quality of responses to questions.

Points Based 5 (5% of Total)

5. Cost The consultant’s overall operation should encourage cost effective work and services.

Cost control, performance within budget allocations, prudent accounting practices, management and clear communication with City staff are essential to the success of this project.

Points Based 15 (15% of Total)

6. Sample Materials Evaluation will be based on documented material on similar projects.

Points Based 40 (40% of Total)

7. Presentation/Demonstration Assign points that may be earned by any proposer based upon qualifications of the project team, effective communication and understanding of the project goals, experience with similar projections, and the quality of responses to questions.

Points Based 5 (5% of Total)

8. Value Add/Breadth of Service Points may be awarded based on the consultant’s ability to provide insight and information, industry best practices and the ability to effectively communicate information to management and provide technical training or resources.

Points Based 5 (5% of Total)

9. Quality of Work/Technical Capabilities Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients.

Points Based 5 (5% of Total)

5 AWARD PROCESS

5.1 Selection

The City of Santa Monica, through either the City Council or the City Manager (or his designee) has the sole authority to select the consulting firm and reserves the right to reject any and all proposals. The City reserves the right to approve or reject all sub-consultants and engineers proposed to be retained by the prime consultant. Upon

Request for Proposals

CAO Criminal Case Management System signing of the agreement, no change in proposed personnel or sub-consultants can be made without the City’s review and written authorization.

By submitting a response to this RFP, prospective consultants waive the right to protest after award, or seek any legal remedies whatsoever, regarding any aspect of this RFP document. However such waiver does not affect a prospective consultant’s rights under Santa Monica Municipal Code §2.24.260. The City reserves the right to select any number of finalists. In addition, the City reserves the right to issue written notice to all prospective consultants of any changes in the RFP terms or proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary.

The City reserves the right to request additional information from any proposing consultant and to reject any and all proposals. All original work products, including computer files, shall remain the property of the City.

The City reserves the right to retain an expert to evaluate the proposing consultant’s work or qualifications at all stages in the selection process. Additionally, any contract entered into will be subject to termination at any stage if in the judgment of the City, such termination is in the best interest of the City. In the event such decision is made, appropriate written notice would be given before any termination and the consultant would be compensated on a pro-rata basis for work performed.

The responsible proposer whose proposal is the most advantageous to the City, taking to consideration all the evaluation factors will be recommended for the contract award.

Notwithstanding the Evaluation Committee's selection, the City reserves the right to award this RFP and the resultant Contract in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion. The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.

5.2 Contract Award and Execution

Selection of a proposer with whom the City enters into contract negotiations with, or a recommendation of an award by the Evaluation Committee or any other party, does not constitute an award of Contract. Once the City formally awards the contract, the successful contractor will be notified to enter into an agreement. If the selected contractor does not enter into the agreement, the City will begin negotiations with the second highest ranking proposing contractor.

Please review all contract forms prior to submitting a proposal. The City of Santa Monica intends to use these forms as the baseline agreements with the successful contractor. The City will not entertain proposals to make material changes to the contract form once the project has been awarded. If you wish to request changes to the contracting forms, you must do so during the proposal process. In addition, the City requires compliance with several other policies and ordinances, proposing contractors will need to complete these Exhibits and submit with their Proposal.

Request for Proposals

CAO Criminal Case Management System

The RFP document and the successful proposal response, as amended by agreement between the City of Santa Monica and the selected contractor, will become part of the final contract documents. Additionally, the City of Santa Monica may verify the selected contractor’s representations that appear in the proposal. A failure by the selected contractor to perform as represented in their proposal may result in the termination of further negotiations with the contractor or in the cancellation or termination of any executed agreement.

No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a contractor shall be binding. The City of Santa Monica shall not be bound, or in any way obligated, until the City has awarded the contract and all documents have been executed. The proposing contractor may not incur any chargeable costs prior to final contract execution.

6 TERMS & CONDITIONS

6.1 Best Qualified Person Or Firm

The award, if any, will be made to the best qualified person or firm(s). In evaluating whether a proposer(s) is (are) the best qualified person or firm(s) pursuant to the Santa Monica Municipal Code, City staff may utilize some or all of the following criteria:

A. The training, credentials and experience of the person or firm;

B. The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services;

C. The capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay;

D. The sufficiency of the person’s or firm’s financial and other resources;

E. The character, integrity, reputation and judgment of the person or firm;

F. The ability of the person or firm to provide such future service as may be needed;

G. The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive; and

H. Any other factor which will further the intent set forth in Section 608 of the City Charter.

The City shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary proposer.

Request for Proposals

CAO Criminal Case Management System

6.2 Receiving Time / Late Proposals

It is the responsibility of proposer to see that their proposal is submitted with sufficient time to be received by the City prior to the proposal closing time. The receiving time in the City Office will be the governing time for acceptability of proposals.

Late proposals are not accepted.

6.3 Acceptance of Conditions Governing this RFP

Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

6.4 Incurring Cost

Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer.

6.5 Prime Consultant Responsibility

Any agreement that may result from the RFP shall specify that the prime consultant is solely responsible for fulfillment of the agreement with the City. The City will make agreement payments only to the prime consultant.

6.6 Sub-consultants

Use of sub-consultants must be clearly explained in the proposal, and major sub-consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.

6.7 Amended Proposals

A proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

6.8 Proposer’s Rights to Withdraw Proposal

Proposers will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The proposer must submit a written withdrawal request signed by the proposer’s duly authorized representative addressed to the City Contact.

Request for Proposals

CAO Criminal Case Management System

6.9 Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.

6.10 Best and Final Offer

The City reserves the right to request Best and Final Offers from any or all proposers.

This will be the only opportunity to amend or modify proposals based on feedback from the City. Information from competing proposals will not be disclosed to other proposers prior to submission of a Best and Final Offer.

6.11 Living Wage Requirement

Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations.

6.12 Disclosure of Proposal Contents

All proposals are subject to the provisions of the California Public Records Act, California Government Code section 6250 et seq., and any information submitted with a response is a public record subject to disclosure, unless a specific exemption applies.

6.13 Notice Regarding Disclosure of Contents of Documents

All responses to this RFP accepted by the City of Santa Monica shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the consultant as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a consultant desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

6.14 No Obligation

This RFP in no manner obligates the City to the eventual rental, lease, purchase, etc., of any goods or services offered until a valid written agreement is executed by the City and the selected proposer.

Request for Proposals

CAO Criminal Case Management System

6.15 Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City of Santa Monica.

6.16 Sufficient Appropriation

Any agreement awarded for multiple years as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the selected proposer. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the selected proposer as final.

6.17 Errors and Restrictive Specifications

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately notify the City Contact designated in Section I, B. Without disclosing the source of the request, the City may issue a written addendum to clarify the ambiguity, or to correct the problem, omission, or other error.

If prior to the submission date, a proposer knows of or should have known of an error in the RFP but fails to notify the City Contact of the error, the proposer shall submit their proposal at his, her or its own risk, and, if awarded an agreement, shall not be entitled to additional compensation or time by reason of error or its later correction.

6.18 Legal Review

The City requires that all proposers agree to be bound by the General Requirements contained in this RFP.

6.19 Governing Law

This RFP, and any agreement entered into pursuant to this RFP, are governed by the laws of the State of California.

6.20 Oral Changes and Basis for Proposal

Proposers may not rely upon oral explanations. All changes and addenda will be issued in writing. Only information supplied by the City in writing through the City’s Contact, or in this RFP should be used as the basis for the preparation of proposals.

6.21 Agreement Terms and Conditions

The agreement between the City and the selected proposer(s) will follow the format specified by the City and contain the terms and conditions set forth in Exhibit A, Professional Services Agreement. However, the City reserves the right to negotiate

Request for Proposals

CAO Criminal Case Management System with a successful proposer the final provisions or provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.

Should a proposer object to any of the City’s terms and conditions, as contained in this Section or in Exhibit A, that proposer must propose specific alternative language in his, her, or its proposal. Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording. The City may or may not accept the alternative language. General references to the proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the City and may result in disqualification of the proposer.

6.22 Proposer’s Terms and Conditions

Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in an agreement negotiated with the City.

6.23 Proposer Qualifications

The City may make such investigations as necessary to determine the ability of the proposer to adhere to the requirements specified within this RFP.

6.24 Right to Waive Minor Irregularities

The City reserves the right to waive minor irregularities and the right to waive mandatory requirements, provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the City.

6.25 Change in Agreement or Representatives

The City reserves the right to require a change in the selected proposer or representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

6.26 City Rights

The City reserves the right to award the proposal to separate proposers on any of the services as set forth in the proposer’s proposal. It is further understood that if the proposer to whom any recommended award is made fails to enter into an agreement with the City, award may be made to the next best qualified person or firm, who shall be bound to perform as if she, he or it received the award in the first instance.

Request for Proposals

CAO Criminal Case Management System

6.27 Right to Publish

Throughout the duration of this procurement process and agreement term, potential proposers, and proposers, must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent agreement. Failure to adhere to this requirement may result in disqualification of the proposer or termination of the agreement.

6.28 Ownership of Proposals

All documents submitted in response to the RFP shall be become the property of the City of Santa Monica and are subject to the provisions of the California Public Records Act, as described in Section II. A. 11. herein.

6.29 Agreement Award

Proposal will be evaluated by a committee comprised of City staff and may include outside consultants (the “Evaluation Committee”). The Evaluation Committee will make an award recommendation to City staff. City Council may give approval of the agreement and/or direct staff to negotiate the final terms and execute the agreement.

This agreement shall be awarded to the proposer or proposers whose proposal is best qualified, taking into consideration the evaluation factors set forth in the RFP. The most qualified proposal may or may not have received the most points or be the lowest cost proposal. Proposers will be notified when the award is being made or an award recommendation goes to the City Council for approval.

6.30 Protest Deadline

All parties wishing to file a protest shall comply with the procedures set forth in Santa Monica Municipal Code section 2.24.260 found here. Proposer may file a written protest with the Director of Finance no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website.

Protests received after the deadline will not be accepted.

6.31 Records and Audits

The Consultant shall maintain such detailed records as may be necessary to demonstrate its performance of the duties required by this Agreement, including the date, time and nature of services rendered. These records shall be maintained for a period of three years from the date of the final payment under this Agreement and shall be subject to inspection by City. The City shall have the right to audit any billings or examine any records maintained pursuant to this Agreement both before and after payment. Payment under this Agreement shall not foreclose the right of City to recover excessive and/or illegal payments.

http://(http/qcode.us/codes/santamonica/view.php?topic=2-2_24-2_24_105&frames=on

Request for Proposals

CAO Criminal Case Management System

6.32 Enforcement of Agreement/Waiver

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of its rights shall not be effective to waive any other rights.