FM-24-25-08 Facilities Management Software RFP.pdf

REQUEST FOR PROPOSALS

Facilities Management Software

PROPOSAL # FM-24-25-08

TABLE OF CONTENTS

Facilities Management Software City of Santa Clarita, California

SECTION A

NOTICE INVITING PROPOSALS

PROPOSAL INSTRUCTIONS

DOCUMENT CHECKLIST

SECTION B

SCOPE OF WORK

RESPONSE FORMAT AND SELECTION CRITERIA

SECTION C

NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS

REFERENCES

ACKNOWLEDGEMENT AND ACCEPTANCE OF SCOPE OF WORK

CITY OF SANTA CLARITA DISCLOSURE STATEMENT

SECTION D

SAMPLE TECHNOLOGY AGREEMENT

RFP Information & Instructions

CITY OF SANTA CLARITA REQUEST FOR PROPOSALS

Project Name: Facilities Management Software

Proposal #: FM-24-25-08

Dates Published: August 29, 2024

Pre-Proposal Meeting: September 10, 2024

Last Day for Questions: September 18, 2024 before 11:00 AM (PT)

Proposal Closing: October 1, 2024 before 11:00 AM (PT)

Project Description: The City is seeking to procure a GIS and inventory-based solution to maintain and facilitate responsibilities pertaining to buildings and infrastructure. The selected firm shall provide a secure database platform that is able to perform various tasks by processing data from multiple data entries.

Prevailing Wage: No

Bond Requirements: No

Contact Information: Michele Arima | (661) 286-4066 | marima@santaclarita.gov

Specifications for this request for proposals (RFP) may be downloaded from the City’s Purchasing website at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the RFP documents is available upon request in the City Clerk’s office, suite 120.

RFP Questions must be submitted electronically via the BidNet “Question and Answer” tab.

Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda are not signed and submitted with the proposal response, the submission may be deemed non-responsive and rejected.

PROPOSAL INSTRUCTIONS

City of Santa Clarita, California

1. SUBMITTING PROPOSALS.

1.1. The response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications, (uploaded via BidNet).

1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be submitted to support the total proposed price.

1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions become a matter of public record.

2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendor’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will be available via BidNet. Vendors are cautioned against relying on verbal information in the preparation of proposal responses. All official information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the proposal. If addenda are not signed and submitted with the proposal response, the proposal may be deemed non-responsive and rejected.

3. AWARDS.

3.1. The City reserves the right to waive any informality in any proposal.

3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the preparation of the proposal. The City reserves the right to accept or reject all proposals received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, price, or other revisions of the proposal as may result from negotiations.

The City reserves the right to extend the time allotted for the proposal, and to request a best and final offer, should it be in its best interest to do so.

3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to award elements of the work, independently, and to do portions “in-house.” Additionally, the City reserves the right to award subsequent work on this project based on information presented in this proposal, without recourse to a separate or subsequent RFP process, should it be in its best interest to do so.

3.4. The City may make an award based on partial items unless the proposal submitted is marked “All or none.” Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The list of proposals submitted will be posted on BidNet, normally within 24 hours.

4. BONDS.

4.1. When deemed necessary by the City, proposal bonds shall be furnished by all vendors in the amount of at least 10% of the total value of the proposal OR 10 % of the value of the 1st year of service for service projects, to guarantee that proposers will enter into contract to furnish goods or services at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California.

4.2. Likewise, when deemed necessary, a Performance Bond and/or Material and Labor bonds may be required of the successful vendor when stated in the specification.

4.3. Original Bond or Cashier’s Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa

Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words “PROPOSAL BOND FOR” and the proposal #, NO LATER THAN the proposal due date and time, for the vendor to be considered responsive.

5. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS.

5.1. In the bid documents, the use of a specific manufacturer, brand or make does not restrict

Bidders in their proposed solution. When brand names are used, it indicates the quality and utility of the article desired; thus, the bids submittal shall in all cases propose goods equal in quality and utility.

5.2. If Materials differing from stated specifications may be considered, provided such differences are clearly noted and described. The City shall make the final determination of compliance with the specifications. If proposing an alternative or equivalent product, the Bidder shall provide the cut sheet/spec sheet or detailed product description for the proposed product via email to purchasing@santa-clarita.com. section, prior to the last day for questions. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must clearly identify the item by brand name (if any), and make/model number, and may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City. The proposal shall clearly describe any modifications the Bidder plans to make in a product to make it conform to the solicitation requirements.

5.3. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.

6. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements.

7. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.

8. INVOICES. Invoices will be forwarded to:

City of Santa Clarita NS - Facilities Maintenance Attn: Amber Rodriguez 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196

Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.

9. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/subconsultant may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for proposal purposes only under Labor Code Section 1771.1(a)]. No proposer or subcontractor/subconsultant may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

10. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General Attachments Section.

10.1. For hard copy submissions, proposals must be typed or written in black ink except signatures.

Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. In compliance with Resolution 93-9, all hard copy proposals and attachments must be submitted double-sided on recycled paper.

11. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any vendor who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.

12. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed annually, up to two times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area-Riverside-Orange county area and prevailing wage rates, if applicable. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the award anniversary. The final adjusted amount will be determined by Purchasing staff. If a price adjustment is not requested prior to the award anniversary date, the previous year’s rates will apply. Proposer shall honor proposal prices for One-Hundred and Twenty Days (120 days) or for the stated contract period, whichever is longer.

13. LITIGATION WARRANTY. The bidding vendor, by bidding, warrants that the vendor is not currently involved in litigation or arbitration concerning the vendor’s performance concerning the same or similar service to be supplied pursuant to this RFP and that no judgments or awards have been made against bidding vendor on the basis of vendor’s performance in supplying the same or similar service, unless such fact is disclosed to the City in the responding proposal. Disclosure may not disqualify the bidding vendor. The City reserves the right to evaluate proposals on the basis of the facts surrounding such litigation or arbitration and to require the selected vendor to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by the City of Santa Clarita in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by selected vendor of the contract in the event the contract is awarded to selected vendor, notwithstanding the litigation or arbitration.

14. BEST AND FINAL OFFER. The City may request Best and Final offers based upon improved understanding of the offers or changed Scope of Work. Based on the initial proposals, the pre-proposal meeting, and Best and Final offers, if requested, the panel will select the proposal which best fulfills the requirements and is the best value to the City. The City will negotiate with that seller to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the Request for Proposals is an important factor in the evaluation process.

15. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors/subconsultants that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.

Each proposer must submit with their proposal the following:

The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed.

The address of each firm.

The telephone number at the place of business.

Work to be performed by each subcontracting firm.

Total approximate dollar amount of each subcontract.

Copies of subcontracts will be provided to the City Engineer upon their request.

16. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally or in writing at any time without penalty.

The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.

DOCUMENTS CHECKLIST

In addition to the items requested for the proposal the following documents are required to be completed and submitted by the proposer.

The following documents must be provided by ALL proposers:

Uploaded via BidNet (see Section C)

Response File Cost File (to be submitted separately from Response File) Notice to Proposers Regarding Contractual Requirements Designation of Subcontractors/Subconsultants References Acknowledgement and Acceptance of Scope of Work City of Santa Clarita Disclosure Statement All signed addendums (if any) – Digitally acknowledged on BidNet in addition to uploaded via

BidNet

The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Amber Rodriguez

Technology Agreement Insurance Required by Contract W-9 Form

Solicitation Information

SCOPE OF WORK

EVENT DATE

Solicitation advertisement August 29, 2024 Pre-Proposal Meeting September 10, 2024 Last day for questions September 18, 2024 Return of proposals October 1, 2024

*Dates are subject to change at the City’s discretion*

1. BACKGROUND

1.1. The City of Santa Clarita (City) provides clean and safe buildings with inviting appearances for resident use and City operation. The City operates and maintains 53 developed sites which include buildings, playgrounds, office space, recreation facilities, sports courts, regional transit sites, libraries, and park play amenities. City staff routinely track inventory use, conduct maintenance checks and repairs, receive tasks, and utilize reporting metrics. The City contracts with GoGov, Inc. to provide management services to inter-departmental functions such as inventory, expenditures, and task-delegation.

1.2. The City has been reporting and referring to information from multiple programs including individual Excel data sheets, internal databases, and geographical information system (GIS).

1.3. City functions that need to be tracked include: Facility maintenance, site inspections, site tracking, site health, field conditions, routine checks, preventative maintenance, and site assignments.

2. OBJECTIVES

2.1. The City is seeking to procure a GIS and inventory-based solution to maintain and facilitate responsibilities pertaining to buildings and infrastructure. The selected firm shall provide a secure database platform that is able to perform various tasks by processing data from multiple data entries. Said platform must also be able to provide reporting functions. The scope of work is dependent upon the ability to provide meaningful reports and provide visual data interpretations.

2.2. Integration and/or compatibility, through an application programming interface (API), with current City systems, such as Accela, GoGov, Inc. and ArcGIS Enterprise is required.

3. DEFINITIONS

3.1. City – The City of Santa Clarita.

3.2. RSC – Resident Service Center; the City's formal resident intake platform.

3.3. GIS – Geographical Information System

3.4. Accela – Cloud based platform for government applications; the City’s formal permit and licensing platform

3.5. FinE – Financial platform for the City’s budgeting and monetary; the City’s financial management system.

3.6. Gogov – Citizen Request Management system; the City’s platform for 311 inquiries.

4. SUPPLIER RESPONSIBILITIES

4.1. The software platform is intended to meet the needs of reporting and organizational responsibilities.

4.2. Users shall not be limited in number, and varying levels of access may be possible to provide access to other City departments for data migration.

4.3. The selected platform shall have the ability to assign and manage workflow tasks to groups of staff.

4.4. Basic understanding of municipal functions and maintenance procedures.

4.5. The selected provider is expected to review existing facility data and tracking capabilities as well as have the ability to transfer various data inputs through acceptable methods such as an application programming interface.

4.6. Provider shall perform the specific duties agreed upon and shall have the ability to provide demonstrations for proper utilization.

5. DELIVERABLES

5.1. Desirable tangible products include inventory tracking services, GIS mapping, reporting analytics, report inputting, task management, and Resident Service Center inquiries management capabilities. RSC inquiries must utilize tasks inputted through GoGov services, and therefore shall require the ability for data transfers.

5.2. Ability to create, manage, analyze, and map facility assets and integrate with Esri-based ArcGIS.

5.3. Capability to categorize or query facility assets such as HVAC units and filters, pool heaters, pumps, sport courts, picnic tables and benches, components, Diaphragm kits, etc.

5.4. Create inventory, maintenance schedules, and track work orders.

5.5. Visual metrics to analyze progress, workload, and generate details for various reports.

5.6. User-friendly Inspection input fields for various task-specific categories.

5.7. Ability to archive and recall past information pertinent to reporting.

5.8. Cost estimation, including any initial setup fees, or range of costs for assets.

5.9. Selected provider shall have the ability to provide mobile-friendly platforms for all deliverable features.

5.10. Selected platform shall meet the minimum user capacity of 500 users, 30 technician trainings, and 10 administrative training.

5.11. Ability to utilize and generate QR codes for asset tracking and work orders.

5.12. Demonstrations for the interfaces compatibility and functionality must be required.

Upon award, demo scripts will be provided in order to fulfil this component.

6. DUE DATES/SCHEDULES/TIMELINES

Design work shall be completed within 12 months of contract execution.

7. REPORTS AND MEETINGS

Selected platform shall be responsive to monthly progress meetings during the design work’s implementation.

RESPONSE FORMAT AND SELECTION CRITERIA

1. RESPONSE FORMAT - The organization of the response and cost files is described in this section of the RFP. All potential vendors must follow this format.

1.1. RESPONSE FILE:

1.1.1. Introduction - A general introduction and description of the proposal shall be provided.

The format of the introduction is at the discretion of the consultant.

1.1.2. References - The consultant shall provide a brief summary of any relevant experience applying the computerized maintenance management software with similar municipalities.

1.1.3. Plan of Study/Scope of Work - Describe the plan to facilitate the usage of the computerized maintenance management software including any presentations, training, setup, data migration, and technical support. Explain the proposed technical approach that addresses the specific issues identified in this RFP. Provide a description of the relationships between these activities. Include an explanation of any division of work proposed between the consultant and the City. The organization of the plan of study should be as follows:

1.1.3.1. TASK - A one or two sentence overview of a related group of subtasks or activities.

1.1.3.2. SUB-TASK - A detailed description of the work, including the methodology to be performed. Generally, one to ten paragraphs depending upon the complexity of the activities described in the subtask.

1.1.3.3. OUTPUT - A one or two sentence description of the result of this particular activity or sub-task.

1.1.3.4. The task, sub-task, and output format should be repeated throughout the plan of study until all proposed work has been described.

1.1.4. Schedule - Describe the time schedule for each proposed task and subtask described in Section B above. Proposed work periods and completion dates, as well as the anticipated meeting dates, should also be identified.

1.1.5. Program Management - Indicate which method of program management will be used to internally manage and direct this project. Provide the proposed project schedule on a time line chart according to the selected system.

1.1.6. Personnel, Equipment, and Facilities - Describe the activities of the designated Project Manager and lead/support personnel. Provide a resume for each person named, including their qualifications (education and experience), as well as their relationship and cost to the proposed project activities.

1.1.7. Sub-Consultants - List all sub-consultants proposed for this project and include their qualifications and specific responsibilities.

1.2. COST FILE – Cost file is to be submitted separately from the Response File and should include a Statement of Offer and Signature. The proposal shall be signed by an individual authorized to bind the consultant, shall contain a statement to the effect that the proposal is a firm offer for a 120-day period, and shall contain a statement that the proposed work will be performed at the “not-to-exceed” price. This will include all deliverables and meeting attendance as laid out in the scope of work.

2. SELECTION CRITERIA - The overall criteria are listed below. As proposals are considered by the City to be more equal in their technical merit, the evaluated cost or price becomes more important so that when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor.

2.1. SCORING CRITERIA:

2.1.1. Contractor qualifications, including understanding of municipal facilities maintenance requirements.

2.1.2. Program Management, explaining how the software applies to all municipal facilities maintenance requirements including field activities, inspection documentation, data management, and reporting.

2.1.3. Experience implementing the software management program with similar municipalities.

2.1.4. Thoroughness of proposal.

2.1.5. Demonstrate a user-friendly interface.

2.1.6. Demonstrate connectivity in the field (i.e. cloud-based data input capability) and/or the ability to input information and download later when internet connectivity is established.

2.1.7. Compatibility with current City systems used for tracking including Accela and Esri-based Geographical Information Systems (GIS).

2.1.8. Cost of services, including onboarding, training, per-user fees, and any discounts offered.

2.2. During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break. Should an interview process take place, the results of the interview will carry greater weight in the selection process. The City reserves the right to make a selection solely on the basis of the proposals without further contact.

Forms

NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

1. SUMMARY OF CONTRACTUAL REQUIRMENTS

a. A contract is required for any service performed on behalf of the City of Santa Clarita (City).

b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth.

c. Questions and requests for modification of these terms must be negotiated and approved prior to proposal submission and are at the full discretion of the City.

2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS

a. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent.

b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.

The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.

c. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements.

3. INDEMNIFICATION

a. To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONSULTANT’s performance of Services under this Agreement, or any part thereof;

(2) any negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any design professional services performed by CONSULTANT and in particular the limitation on CONSULTANT’s duty to defend whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault (except as otherwise provided in section 2782.8).

b. The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees.

c. CONSULTANT shall place in its subconsulting agreements and cause its subconsultants to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement.

4. INSURANCE

a. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits Commercial general liability: $1,000,000 Professional liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement

b. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

c. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

d. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California-admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least “A:VII.”

e. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONSULTANT for CITY.

f. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty.

g. Should CONSULTANT’S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation.

Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage.

h. The CITY shall be entitled to any coverage in excess of the minimums required herein.

I have read and understand the above requirements and agree to be bound by them for any work performed for the City.

Authorized Signature: ______________________________ Date: ___________________

Printed Name: ____________________________________

DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS

Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed.

Subcontractor

DIR Registration No. Dollar Value of Work

Location and Place of Business

Bid Schedule Item No’s: Description of Work

License No.

Exp. Date: / / Phone ( )

Bid Schedule Item No’s:

Description of Work

Bid Schedule Item No’s: Description of Work

NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.

REFERENCES

The following are the names, addresses, and telephone numbers of three public agencies for which proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal.

1. __________________________________________________________________________________ Name and Address of Owner / Agency

Name and Telephone Number of Person Familiar with Project

Contract Amount Type of Work Date Completed

2. __________________________________________________________________________________

Name and Telephone Number of Person Familiar with Project

3. __________________________________________________________________________________

Name and Telephone Number of Person Familiar with Project

ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK

By providing the three (3) required signatures below, the Contractor acknowledges full understanding, complete agreement to, and accepts in its entirety, all Scope of Work for the Facilities Management Software. The Contractor will be expected to perform maintenance practices and uphold the standards herein to the established Scope of Work throughout the length of the contract.

*Supervisor’s Signature:___________________________________________Date:__________

*Estimator’s Signature:____________________________________________Date:__________

*Owner’s Signature:______________________________________________Date:__________

*All three signatures required

CITY OF SANTA CLARITA DISCLOSURE STATEMENT

The following information must be disclosed:

1. List the names of all persons having a financial interest in the Request for Proposals.

2. If any person identified pursuant to No. 1 above is a corporation or partnership, list the names of all individuals owning more than ten percent of the shares in the corporation or owning any partnership interest in the partnership.

3. If any person identified pursuant to No. 1 above is a non-profit organization or a trust, list the names of any persons serving as a director of the non-profit organization or as a trustee or beneficiary or trustor of the trust.

4. Has the offeror had more than $250.00 worth of business transacted with any member of the City of Santa Clarita staff, boards, commissions, committees, and Council within the past twelve months? If yes, please indicate the person(s) with whom you have conducted business.

NOTE: Attach additional pages as necessary.

Signature of Offeror

Print or Type Name of Offeror

Date

Sample Contract

STANDARD AGREEMENT – SAMPLE ONLY

*SUBJECT TO CHANGE BASED ON SCOPE OF SERVICES*

CON-6

Council Approval Date:________

Agenda Item: ________

Contract Amount:________

TECHNOLOGY AGREEMENT

BETWEEN

THE CITY OF SANTA CLARITA

AND

FOR

THIS TECHNOLOGY AGREEMENT (“Agreement”) is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation (“CITY”) and

(“CONTRACTOR”).

The Parties agree as follows:

CONSIDERATION.

As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and

As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and

A. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth in the attached Exhibit “ ,” which is incorporated by reference, for CONTRACTOR’s services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR’s invoice.

2. TERM. The term of this Agreement will be from , to . The Agreement may be renewed upon mutual consent of the parties.

SCOPE OF SERVICES.

CONTRACTOR will perform services listed in the attached Exhibit “ .”

DATA PROVISIONS

CITY Data and Intellectual Property: All right, title, and interest in CITY Data (as defined below) will remain the property of CITY. CONTRACTOR has no intellectual property rights or other claim to CITY Data that is hosted, stored, or transferred to and from the CONTRACTOR. CONTRACTOR will cooperate with CITY to protect CITY’s intellectual property rights and CITY Data.

CONTRACTOR will promptly notify CITY if CONTRACTOR becomes aware of any potential infringement of those rights in accordance with the provisions of this Agreement.

CITY Data and Security

For purposes of this Agreement and the Exhibits attached hereto “CITY Data” shall include any CITY Confidential Information, and any personally identifiable information (PII) relating to any CITY end users or employees of CITY, its suppliers or contractors (“Personal Data”), to which CONTRACTOR has or may have access in connection with the operation or administration of CONTRACTOR’s platform, or in connection with the performance of Professional Services by CONTRACTOR for CITY under this Agreement or any applicable Statement(s) of Work.

CONTRACTOR will comply with the requirements and implement the Data Safeguards set forth in and in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800 series.

Data Safeguards

To the extent CITY grants CONTRACTOR access to CITY Data, CONTRACTOR agrees to:

Access and use the CITY Data solely for the purpose of providing CITY with access to the Products, Software and CONTRACTOR’s platform, and to provide Professional Services to CITY in accordance with the terms and conditions of this Agreement and any applicable Statement(s) of Work;

Maintain physical, technical, and administrative safeguards (including but not limited to those set forth NIST 800 series in and in any event no less than industry standards in the cloud computing/online services industry to protect the CITY Data against unauthorized access, use, or disclosure while it is accessible to or held by CONTRACTOR; and

Not disclose the CITY Data to any third party, except: (x) to its employees, consultants or contractors who need to have access to such information and solely for purposes of providing Professional Services to CITY, provided that such recipients are bound by confidentiality provisions no less restrictive than those set out in this Agreement; and (y) to the extent required by a judicial order or other legal obligation, provided that, to the fullest extent permitted by law, CONTRACTOR will promptly notify CITY of such a required disclosure to allow intervention by CITY (and will cooperate with CITY) to contest or minimize the scope of the disclosure.

Data Breach

CONTRACTOR further agrees that it will monitor and test its Data Safeguards from time to time, and further agrees to adjust its Data Safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If CONTRACTOR suspects or becomes aware of any unauthorized access to any CITY Data or Personal Data by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by CONTRACTOR under this Agreement or in connection with the performance of the Professional Services or other services performed under this Agreement or any Statement(s) of Work (“Data Breach”), CONTRACTOR shall immediately notify CITY in writing and shall fully cooperate with CITY at CONTRACTOR’s expense to prevent or stop such Data Breach. In the event of such Data Breach, CONTRACTOR shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. CONTRACTOR will defend, indemnify and hold CITY, its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third-party claim arising from breach by CONTRACTOR of its obligations contained in this Section, except to the extent resulting from the acts or omissions of CITY. All Personal Data to which CONTRACTOR has access under this Agreement, as between CONTRACTOR and CITY, will remain the property of CITY. CITY hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for CONTRACTOR to carry out its duties and responsibilities under this Agreement, any applicable Statement(s) of Work, or as required by law. CONTRACTOR will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under this Agreement. All Personal Data delivered to CONTRACTOR shall be stored in the United States or other jurisdictions approved by CITY in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of CITY.

Network and Communications Security

All CONTRACTOR connectivity to CITY computing systems and all attempts at same will be only through CITY’s security gateways/firewalls and only through CITY‐approved security procedures.

CONTRACTOR will not access, and will not permit unauthorized persons or entities to access, CITY computing systems and/or networks without CITY’s express written authorization, and any such actual or attempted access will be consistent with any such authorization.

CONTRACTOR will take appropriate measures to ensure that CONTRACTOR’s systems connecting to CITY’s systems and anything provided to CITY through such systems do not contain any Disabling Device. For purposes of this Agreement, “Disabling Device” means any programs, mechanisms, programming devices, malware or other computer code (i) designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software program or code, or any computer system or network (commonly referred to as “malware”, “spyware”, “viruses” or “worms”);

(ii) that would disable or impair the operation thereof or of any software, computer system or network in any way based on the elapsing of a period of time or the advancement to a particular date or other numeral (referred to as “time bombs”, “time locks”, or “drop dead” devices); (iii) is designed to or could reasonably be used to permit a party or any third party to access any computer system or network (referred to as “trojans”, “traps”, “access codes” or “trap door” devices); or (iv) is designed to or could reasonably be used to permit a party or any third party to track, monitor or otherwise report the operation and use of any software program or any computer system or network by the other party or any of its customers.

Customer Data Handling Procedures

Erasure of Information and Destruction of Electronic Storage Media: If CITY

Data is required to be permanently deleted from any storage media owned or operated by CONTRACTOR, all electronic storage media containing CITY Data must be wiped or degaussed for physical destruction or disposal, in a manner meeting forensic industry standards such as the NIST SP800‐88 Guidelines for Media Sanitization. CONTRACTOR must maintain documented evidence of data erasure and destruction. This evidence must be available for review at the request of CITY.

Physical Security

All backup and archival media containing CITY Data must be contained in secure, environmentally‐controlled storage areas owned, operated, or contracted for by CONTRACTOR and all backup and archival media containing CITY Data must be encrypted.

Background Checks

CONTRACTOR will perform background checks on all CONTRACTOR personnel and direct hire contractors including temporary and non‐ employee personnel who will be performing services for CITY, including but not limited to implementation services under any Statement(s) of Work that requires access to CITY Data pursuant to this Agreement.

CONTRACTOR will not assign any employee to perform services for CITY who has not authorized a background investigation, or whose background investigation has revealed the conviction of a felony or misdemeanor within the previous seven (7) years, measured back from the time such CONTRACTOR employee commences services pursuant to the Agreement, to the extent such felony or misdemeanor relates to the suitability of the individual’s employment, except to the extent prohibited by applicable law. If CONTRACTOR contracts, for any services, with a third party that needs to be allowed or requires access to CITY Data, the third party will undergo the same CONTRACTOR background checks as performed on CONTRACTOR personnel and contractors under this section.

Indemnification Provision

To the fullest extent permitted by law, for work or services provided under this

Agreement, CONTRACTOR shall indemnify, defend, including with counsel reasonably acceptable to CITY, and hold harmless CITY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents (collectively “Indemnified Parties”), from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property, or loss of use or reduction in value thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or relating to the alleged or actual error or omission, negligence, recklessness, willful misconduct, infringement of intellectual property rights, breach of trust, breach of confidentiality, unauthorized use or disclosure of data, breach of statutory or regulatory law, or other breach of its duties under this Agreement by CONTRACTOR, its employees, CONTRACTOR’s sub consultants or subcontractors at any tier, or any other party for which CONTRACTOR is legally liable under law, excepting only such injury, death, or damage, to the extent it is caused by the negligence of an Indemnified Party. CONTRACTOR shall not be liable for Claims caused by the sole negligence or willful misconduct of an Indemnified Party.

The right to defense and indemnity under this Section shall initiate upon occurrence of an event giving rise to a Claim and tendered in writing to CONTRACTOR. CONTRACTOR shall defend the Indemnified Parties with counsel reasonably acceptable to CITY. Notwithstanding the foregoing, CITY shall be entitled, on its own behalf, and at the expense of CONTRACTOR, to assume control of its defense or the defense of any Indemnified Party in any legal action, with counsel reasonably selected by

it. Should CITY elect to initially assume control of its defense, or the defense of any Indemnified Party, it does so without prejudice to its right to subsequently require that…