REQUEST FOR PROPOSAL

ONLINE UTILITY BILLING AND PAYMENT PORTAL

26-211

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: July 20, 2026 DEADLINE FOR QUESTIONS: August 3, 2026

RESPONSE DEADLINE: August 24, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Online Utility Billing and Payment Portal

I. Notice of Request For Proposals II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - RFP Submittal Forms to Complete B - Sofware License Professional Service Agreement (Exemplar)

Online Utility Billing and Payment Portal 26-211

I. Notice of Request For Proposals

Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website OpenGov, until Monday, August 24, 2026 for: Online Utility Billing and Payment Portal.

The scope of work, content of the proposal, and the selection process are described in the Request for Proposals (“RFP”). Interested parties may obtain copies of the RFP through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically through its eProcurement website on OpenGov. Electronic proposals must be submitted through OpenGov by the Submittal Deadline noted above. It is the sole responsibility of the Proposer to ensure that its proposal is submitted through OpenGov before the RFP closing date and time.

Electronic proposal submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only.

Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Proposers must register on OpenGov to submit proposal responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

For more information regarding the RFP, please contact:

Vickie Davis

Senior Special Project Associate vdavis@milpitas.gov

II. Introduction

II.A Summary

Through this Request for Proposal (RFP), the City of Milpitas (City) is seeking a qualified vendor to provide an off-the-shelf, highly configurable online utility billing and payment portal for its water utility customers. The self-service portal will provide City customers with an easy to use, secure, web-based platform where they can view, manage, and pay their utility bills online. After customers opt into receiving electronic notifications, the portal software will send them alerts when a new invoice is posted to their account and reminders when bills are due and past due.

https://procurement.opengov.com/portal/milpitas-cs

Online Utility Billing and Payment Portal 26-211

Through the portal, customers will also be able to review their account information and activity and pay their bills using multiple payment methods.

See the Scope of Work and additional RFP information and attachments for more details.

II.B Timeline

Schedule of Activities. The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Release Date July 20, 2026

Question Submission Deadline August 3, 2026, 12:00pm

Proposal Submission Deadline August 24, 2026, 12:00pm

III. Scope of Work

III.A Summary

Vendor shall provide to City an online utility billing and payment portal (Portal) for use by the City's water utility customers. The Portal shall provide customers with online access to manage, review, and pay their utility bills. The Portal shall be highly configurable, commercial off-the-shelf, and a software as a service or fully vendor-hosted system. No additional hardware, other than a client machine with a standard web browser, shall be required by the City or its customers to access the Portal.

Vendor shall comply with all local, state, and federal laws and regulations, including, but not limited to, those pertaining to the protection of customers' personally identifiable information (PII), Cardholder Information Security Program (CISP) regulations, National Automated Clearinghouse Association rules and guidelines, and Payment Card Industry Data Security Standard (“PCI-DSS”) and Payment Application Data Security Standard (“PA-DSS”) established by the Payment Card Industry Security Standards Council as set forth online at https://www.pcisecuritystandards.org and as may be amended by the PCI Security Standards Council from time to time.

III.B General Requirements

The Portal shall:

https://www.pcisecuritystandards.org/

Online Utility Billing and Payment Portal 26-211

A. Be cloud-based, fully vendor hosted, and accessible from a standard web browser, including, but not limited to, all currently supported versions of Microsoft Edge, Google Chrome, Mozilla Firefox, and Apple Safari.

B. Be a mature product, not a prototype or version that has not been fully test, with a minimum of 5 active customers.

C. Be the most current, commercially available, fully tested version of the Portal at the time of implementation.

D. Be developed using a responsive web design (RWD) approach to facilitate use on a multitude of devices, including desktops, laptops, tablets, and smartphones.

E. Allow for a customizable look and feel to match the City’s website and publication standards.

F. Encrypt data at rest and in transit at AES-256 or higher.

G. Operate at a high level of security using Transport Layer Security (TLS), preferably version 1.3, for account registration, authentication, and actions performed.

H. Be fully PCI and PII compliant.

I. Include a full audit trail log for all actions performed in the Portal.

J. Include unlimited data/storage, reads, transactions, and customer/user accounts.

K. Be accessible 24x7x365 with a guaranteed uptime of at least 99.9%, excluding scheduled maintenance.

III.C Customer Account Functionality Requirements

The Portal shall:

A. Provide customers the ability to self-create an online account, where they can view their current and previous bills, schedule payments, and set up auto-pay.

B. Offer customers the option to opt into paperless billing.

C. If the paperless option fails, the Portal will automatically revert the customer's account to mailed billing via an integration with the City's Cayenta Utility Billing Software.

D. Provide customers access to their utility bills electronically in Adobe PDF and/or HTML format.

E. Provide customers the ability to pay various invoices, including invoices for utility bills and permit, retiree health, and return check fees, through multiple payment options, including, but not limited to, credit/debit cards, ACH, and IVR. All applicable service fees shall be charged to the customer.

F. Deposit all payments into designated City accounts within 48 hours of payment approval.

Online Utility Billing and Payment Portal 26-211

G. Send a daily detailed report of processed payments to the City; it is highly preferred that this be sent via API so that City staff do not have to re-key receivable information into the City's ERP system.

H. Notify customers who have scheduled a payment or registered for autopay by email notification and SMS/text message notifications (if requested by customer) when payments are processed.

I. Allow customers to make full, partial, or overpayments towards any bill or invoice type.

J. Allow customers to make payments without setting up an online account.

III.D Data Migration & Integration

The Portal shall integrate with:

A. Cayenta Utility Billing System to ensure real-time updates and account accuracy. (This includes batching the payments into a single batch to record payments daily in Cayenta.)

B. Chase Paymentech (Chase Payment Solutions) for payment processing.

C. Tyler ERP to sync AR invoices (highly preferred) or alternatively (less desired) provide a daily import file for upload into Tyler to reflect payments.

D. Microsoft Entra ID (identity management system) for City staff access and authentication.

Additionally, the selected Vendor shall migrate all existing customer data of approximately 30,000 accounts, including saved payment methods, to its portal to facilitate a smooth transfer of services for the City's residents.

III.E Implementation & Training

Vendor shall manage and coordinate all implementation activities, including, but not limited to, the following:

A. Project Management, Planning, and Analysis

B. Configuration, Data Migration, and Implementation

C. Acceptance Testing and Refinement

D. Training (for both end users and City administrators) and Documentation

E. Go Live and Final Acceptance

III.F Ongoing Maintenance and Support

A. Vendor shall provide a Hypercare/Stabilization support period immediately following Go- Live preferable for a period of 90 days to ensure every billing cycle has run through the new Portal at least once, with additional time to confirm proper handling of downstream

Online Utility Billing and Payment Portal 26-211 issues (e.g., returned payments, notification failures) before transitioning to standard support.

B. Vendor shall provide technical support, to both end users and City staff, at minimum from 8:00 AM to 5:00 PM Pacific Time, Monday through Friday, excluding City holidays, in addition to emergency after-hours support for system-down issues consistent with the severity levels specified below.

C. Vendor technical support shall include unlimited incidents.

D. Technical support shall be available by telephone (toll free U.S. number), email, and online at a minimum.

E. Vendor shall continuously and proactively monitor the Portal to ensure it is operational and alert the City of any issues.

F. Vendor shall submit monthly reports to City regarding compliance with specified uptime requirements and resolution of technical support issues in accordance with established service levels.

G. Vendor scheduled maintenance shall be conducted outside of the City’s standard business hours unless otherwise approved in advance by the City.

H. Vendor shall notify the City at least five business days in advance of deploying any potentially service-impacting modifications (excluding emergency patches/fixes) and at least 15 business days in advance of its intent to release any major improvements or system enhancements, including a description of the intended enhancements or improvement.

I. Vendor shall provide to City service credits, liquidated damages, or some other acceptable form of penalties for its failure to meet the following service levels and minimum uptime:

Severity Level Definition

Maximum Response Time

Target Resolution Time

1 • System down

• Business operations have been severely disrupted

• No work-around available

15 minutes 2 hours

Online Utility Billing and Payment Portal 26-211

2 • Major functionality is severely impaired

• A temporary work-around is available

• Operations can continue in a restricted fashion, although long-term productivity might be adversely affected

• Persistent service degradation (e.g., unacceptably slow response times)

1 hours 4 hours

3 • Partial, non-critical loss of functionality

• Problem causing minor loss of features/functionality

• Impaired operations of some components, but still usable

4 hours 24 hours

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of the RFP, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Proposer may include any additional information they feel is relevant to the RFP, but, at a minimum, must respond to each and every question below. Failure to fully respond to each question may result in lower evaluation scores or disqualification of your proposal in its entirety without further consideration.

Once submitted, the Proposal and any supplementary documents become the property of the City.

IV.A Proposer Contact Information* Please provide your firm's name and your full name, title, direct phone number, and email address.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Proposer confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in

Online Utility Billing and Payment Portal 26-211 this solicitation and its attachments. By confirming this question, you understand that failure to provide any and all additional documents requested by City, including, but not limited to, forms, subcontractor information, bonds, proof of insurance, etc. may result in the disqualification of their proposal.

☐ Please confirm *Response required

IV.C Acknowledgement of Addenda* Any Proposal submitted that does not acknowledge each and every addendum issued for this solicitation may be considered non-responsive. By confirming this prompt, you agree that you have seen and responded to all addenda to this RFP.

☐ Please confirm *Response required

IV.D Acknowledgement of Questions and Responses* Any Proposal submitted that does not acknowledge the questions received and the City's corresponding answers may be considered non-responsive. By confirming this prompt, you agree that you have seen all questions and answers for to the RFP.

☐ Please confirm *Response required

IV.E Current W-9* Please upload your firm's current W-9 form.

*Response required

IV.F Prior Contract Failure* You MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves your firm or in which your firm has been judged guilty or liable.

If there are none to disclose, you MUST state the following in response to this question:

“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify your proposal.

*Response required

IV.G Cover Letter* Attach a cover letter in response to this Question that addresses the following, at a minimum:

A. the legal form of your firm, and the state in which it was established (noted as jurisdiction on the California Secretary of State website);

Online Utility Billing and Payment Portal 26-211

B. the location of your firm’s home office, and the location of any local office(s) in the San Jose/Oakland/San Francisco area;

C. the total number of employees, both worldwide and at the local office(s), if applicable;

and

D. the name, title, address, telephone number, and email address for your designated primary point of contact for follow-up regarding this RFP as well as the resulting contract, if awarded.

The cover letter must be signed by a representative authorized to act on behalf of your firm.

*Response required

IV.H Company Profile* Provide a general description of your firm, including a brief history and relevant experience in providing products and services similar to those specified in this RFP. In your response, demonstrate that your firm:

• is a long term, well established entity; and

• has extensive experience providing similar products and services as those specified in this RFP to other public entities, preferably in the State of California.

*Response required

IV.I Execution Plan* Please provide a detailed description of your firm's approach, methodology, and execution plan for delivering the products and services set forth in this RFP. The execution plan must include a detailed work plan describing how your firm will fulfill the RFP scope in the most cost-effective and timely manner. Additionally, describe your proposed method for communicating issues and/or questions during project implementation and your process for ensuring that the implemented product fully meets the City’s requirements.

Your execution plan should include a comprehensive work plan and a preliminary project implementation schedule that clearly breaks the project into specific tasks, milestones, and deliverables, with corresponding durations, necessary to fully deliver the products and services specified in this RFP. The execution plan should address all aspects of implementation as well as post-implementation support and maintenance, including but not limited to, project management, planning, and analysis; configuration, data migration, and implementation;

acceptance testing and refinement; training and documentation; go live and final acceptance;

and ongoing technical support and maintenance.

*Response required

IV.J Personnel Assigned* Please provide a response that addresses all of the following:

Online Utility Billing and Payment Portal 26-211

A. Your designated project manager authorized to act on behalf of your firm as the principal contact for the City should you be awarded a contract.

B. Other key personnel who will be assigned to the project team implementing your Portal for the City, including their expected roles.

C. Any individuals, and expected roles, who will have backup responsibilities.

D. Brief resumes/summaries (one paragraph per person) for each individual to be assigned to this project.

E. Your response MUST state that no changes in key personnel are to be made without written consent of the City.

*Response required

IV.K Technical Proposal* Attach your Technical Proposal here. Your Technical Proposal shall include, but not be limited to, the following:

A. Confirmation of your ability to meet all required elements noted in the Scope of Work and any relevant details.

B. Confirmation of your ability to meet any desired or perfected elements specified in the Scope of Work.

C. A list and samples of your standard, out of the box reports.

D. Your recommended end-user and administrator training as part of implementation, including hours, curriculum, format, and maximum users per session.

E. Examples of your user manuals and how they are delivered/made available.

F. Your standard technical support hours, availability, methods, and SLAs.

G. Your standard maintenance windows, guaranteed uptime, and service credits for failure to meet your guaranteed uptime.

H. Provide a sandbox, including all information required to log in and access the sandbox, and/or example websites where your Portal is currently being used.

You may also include any other relevant information regarding your software and services you believe relevant for the City to take into consideration in evaluating your Proposal. Note: Do not include cost in this response. All cost information should be provided in your Proposed Compensation response.

*Response required

IV.L References* Attach three references for work performed by your firm of a similar nature as that required by the City that has been performed within the last three years utilizing the Reference Form in

Online Utility Billing and Payment Portal 26-211

Attachment A - RFP Submittal Forms to Complete. Note that the initial evaluation for references will be based solely on the information you provide in the Reference Form. Final scores will reflect actual reference checks, if conducted at the City's sole discretion.

*Response required

IV.M Proposed Compensation* Attach your proposed compensation for the products and services outlined in the Scope of Work in response to this question.

Include all costs associated with implementing and maintaining your Portal (firm fixed costs) for the first three years to establish a total cost of ownership for the initial term three-year term of the Agreement. If you offer additional products and services that are beyond the City's Scope of Work, you may list those in a separate optional section and provide three-year pricing. Also, please provide a rate sheet for the initial three-year term for your hourly rates by job classification in the event the City, in its sole discretion, later opts to purchase additional related services on a time and material basis.

Note: For ongoing services, annual increases may not exceed PPI or 3%, whichever is less.

*Response required

IV.N Certification of Proposer* Complete, sign, and upload your Certification of Proposer form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.O Non-Collusion Declaration* Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.P Proposer's Statement Regarding Insurance Coverage* Complete, sign, and upload your Proposer's Statement Regarding Insurance Coverage form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.Q Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

Online Utility Billing and Payment Portal 26-211

IV.R Nondiscriminatory Employment Certificate* Complete, sign, and upload your Nondiscriminatory Employment Certificate form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.S Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.T Compliance with or deviation from RFP and Agreement* Complete, sign, and upload your RFP and/or Agreement Exceptions form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

V. Submission Instructions

V.A Proposal Submittal

A. Proposals must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

B. Submittal Deadline. Proposals must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

C. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded and submitted in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Proposals must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your proposal response as delays can occur. In the event that there is a problem uploading documents or submitting your proposal, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

E. Forms. To be considered for award, each proposal shall be made on forms furnished by the City in this RFP.

https://procurement.opengov.com/portal/milpitas-ca https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

Online Utility Billing and Payment Portal 26-211

F. Late Proposals. The Submittal Deadline is absolute. Proposals will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each proposal shall be signed by an authorized representative of the Proposer.

V.B Proposal Modifications

Any Proposer wishing to make modifications to a proposal that has already been electronically submitted may utilize the "unsubmit response" option on their submitted proposal, make their modifications, and then submit their response again prior to the specified Submittal Deadline. Proposers are solely responsible for ensuring that their final responses are submitted prior to the Submittal Deadline. The eProcurement system will not allow submittal of proposal after the Submittal Deadline.

V.C Authorized Signatures

Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual submits a proposal, their signature and post office address must be listed in the proposal. If a firm or partnership submits a proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be provided in the proposal. If a corporation submits a proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

V.D Interpretation of Contract Documents

If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFP no later than the specified deadline for questions.

The City will respond either by response in the Question & Answer section of the RFP or through a formal addendum. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Proposer to check the website for addenda and questions/answers prior to submitting any proposal. In the event that this solicitation is obtained through any means other than the City's

Online Utility Billing and Payment Portal 26-211 e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Monday, August 3, 2026

Questions answered on OpenGov are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in their proposal submittals using the form provided. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Proposer to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Any proposal submitted that does not acknowledge each and every question/answer may be considered non-responsive. Questions/answers, if any, must be acknowledged on the provided form in the space provided.

V.E Addenda

Addenda issued pursuant to this RFP, if any, will be posted on the City's eProcurement website.

However, it is the sole responsibility of the Proposer to check the website to determine whether any addenda have been issued.

Any proposal submitted that does not acknowledge each and every addendum issued may be considered non-responsive. Addenda, if any, must be acknowledged by answering the question in the Vendor Questionnaire entitled "Acknowledgement of Addenda."

VI. Evaluation and Award Process

VI.A Award of Contract

Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria." An

Online Utility Billing and Payment Portal 26-211

Evaluation Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to award to the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

VI.B References

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

VI.C Additional Discussions

Discussions, such as interviews or system demonstrations, may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers for the purpose of clarification to assure full understanding of, and responsiveness to, the RFP requirements or to provide the City with a demonstration of the proposer’s proposed product or software. Revisions may also be requested by the City, at its sole option, after original submissions and before award for obtaining best and final proposals.

Each Proposer shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Proposers.

VI.D Contract Negotiations

A Notice of Intended Award will be posted to the RFP on OpenGov. Final award is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions.

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner with the top-ranked Proposer, the City may, in its sole discretion, initiate negotiations with the next highest scoring Proposer.

The City reserves the right to contract in the manner that most benefits the City, including awarding more than one contract if desired. The City also reserves the right to cancel this RFP in its entirety and at its sole discretion.

Once negotiations are successfully completed, the Proposer will be recommended to the City Council for contract approval, and the City Council has the final authority to approve or reject the contract award.

Online Utility Billing and Payment Portal 26-211

VI.E Protest Procedure

Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VII. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFP Requirements Has the Proposer successfully and completely provided the requested information in accordance with the instructions provided? Has the Proposer taken exceptions to the City's standard terms and conditions? Note:

exceptions to the City's standard terms and conditions will result in lower evaluation scores and may result in disqualification of your Proposal in its entirety without further review, at the City's sole discretion.

0-10 Points 5 (5% of Total)

2. Company Profile Has the Proposer provided all information requested? Has the Proposer demonstrated that its firm has sufficient experience and qualifications, preferably with other public agencies within the State of California, providing the same or similar products and services as those specified in this RFP? Does the response include relevant history and experience?

0-10 Points 10 (10% of Total) https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

Online Utility Billing and Payment Portal 26-211

3. Execution Plan Has the Proposer satisfactorily responded to all aspects of the question? Did it describe its ability to achieve budget, task and timeline delivery goals for projects of a similar complexity and nature as described in the Scope of Work? Did the Proposer provide a detailed work plan that clearly breaks the project into specific tasks, milestones, and deliverables, with corresponding durations and assignments? Does the execution plan address all aspects of implementation as well as post-implementation support and maintenance, including but not limited to, planning and analysis; configuration, data migration, and implementation; acceptance testing and refinement; training and documentation; go live and final acceptance; and ongoing technical support and maintenance?

0-10 Points 15 (15% of Total)

4. Personnel Assigned Has the Proposer provided a complete response to this question and included all information requested? Are the qualifications and experience of the project manager relevant and sufficient? Are the qualifications and experience of the other project team members relevant to their assigned roles? What experience do the project team members bring with them in providing the same or similar products and services? Will any subcontractors be involved? If so, are their experience and qualifications sufficient for their assigned roles?

0-10 Points 15 (15% of Total)

5. Technical Proposal Did the Proposer follow the instruction and provide all information requested? Are they able to fully meet all requirements specified in the Scope of Work? Is its out of the box reports sufficient to meet the City's needs? Are their recommendations for training practical and sufficient? Do technical support hours and SLAs meet the City's needs? Are maintenance windows reasonable and has the Proposer verified it can meet the City's uptime requirements? How user-friendly does the Proposer's sandbox and/or websites appear? Do they appear to meet all City requirements as set forth in the RFP?

0-10 Points 25 (25% of Total)

Online Utility Billing and Payment Portal 26-211

6. References Has the Proposer provided all information requested on the provided Reference Form?

Are the firm’s references from past clients relevant and the same or similar to the requirements of this RFP? Note: The information provided on the form will be the basis of initial evaluation and scoring for this criterion.

Should the Proposer advance to the finalist stage, the City may, in its sole discretion, directly contact the provided references. At that time, scores may be adjusted based on that feedback. Was the feedback overall favorable? What was the Proposer’s ability to deliver the products and services on time and within budget? Does the Proposer communicate with, collaborate with, and take direction well from City staff?

0-10 Points 10 (10% of Total)

7. Proposed Compensation Proposed Compensation shall include all costs associated with implementing and maintaining the Proposer's Portal (firm fixed costs) for the first three years to establish a total cost of ownership for the initial term three-year term of the Agreement. Costs shall be separated by One-Time Costs, Annual Recurring Costs, and Optional Costs. Proposer shall also provide a rate sheet for the initial three-year term listing hourly rates by job classification for any time and materials work the City may request, in its sole discretion, at a later date.

Note: For ongoing services, Proposer shall not increase fees by more than PPI or 3%, whichever is less.

0-10 Points 20 (20% of Total)

VIII. Terms & Conditions

VIII.A Term of the Agreement

The City intends to enter into an agreement with the awarded vendor for an initial three-year term with two additional three-year options to extend, at the City's sole discretion. The City reserves the right to review the awarded Vendor's performance at any time throughout the term of the Agreement and cancel all or part of the Agreement, with or without cause, in its sole discretion.

Online Utility Billing and Payment Portal 26-211

VIII.B Anti-Discrimination

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

VIII.C Background Checks

All employees of the successful Proposers assigned to perform any services and duties identified in this RFP may be required to undergo a background security check (LifeScan or other background check as required by the City) and must be a minimum of twenty-one (21) years of age.

VIII.D Attachment Review

Please review attachments to ensure the proper Sample Contracts and forms are included

VIII.E California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VIII.F Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.

VIII.G Communication

Each Proposer must comply with the communication requirements specified herein. Any Proposer who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFP.

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center https://www.milpitas.gov/241/Business-License-Center

Online Utility Billing and Payment Portal 26-211

VIII.H Offers of More than One Price

Proposer is NOT allowed to submit more than one proposal.

VIII.I Proposal Prices and Notations

Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

VIII.J Price Discrepancies

In the event that there are unit price items in a compensation proposal and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation proposal, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly. The Proposer will be bound by said corrections.

VIII.K Conflict of Interest

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its proposal submittal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.L Examination of Contract Documents

It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with the RFP, all attachments including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract

Online Utility Billing and Payment Portal 26-211

Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the Contract Documents.

VIII.M Definition of Terms

For the purposes of this RFP, the following definitions will be used:

A. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party selected to enter into a contract with the City as a result of this RFP.

B. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

C. May. Indicates something that is not mandatory but permissible.

D. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

E. Proposer. The person or firm making a legally binding offer.

F. Proposal. The offer submitted by the Proposer.

G. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

H. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal but may result in lower scores during evaluation.

I. Submittal Deadline. The date and time on or before all proposals must be submitted.

VIII.N Disqualification of Proposer

If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.

Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. Proposers shall submit as part of their proposal documents the completed Non- Collusion Declaration provided herein.

Online Utility Billing and Payment Portal 26-211

VIII.O Documents to be Returned with Proposal

Failure to completely execute and submit the required documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed in the Vendor Questionnaire section.

VIII.P Execution of Agreement

The Contractor shall execute the Agreement in substantially the form provided in this RFP. A copy of the Agreement is attached hereto as Attachment B and incorporated herein by this reference. The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms under the Contractor’s proposal, whether incorporated directly into the Agreement or incorporated by reference. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance prior to contract execution. In case of failure of the Contractor to negotiate in good faith, provide all required documents, and execute the Agreement within a reasonable timeframe, the City may, at its option, terminate negotiations with the selected Contractor and engage the next highest-ranked Proposer in contract negotiations. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence the services/project within ten (10) working days or as otherwise agreed to by the City.

VIII.Q Experience and Competence

The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. Proposer should have no less than five (5) years of experience in the magnitude and character of the services/project proposed. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that he or she has the requisite experience, ability, sufficient capital, and facilities to enable them to prosecute the services/project successfully and properly and to complete it within the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the City will weigh any evidence that the Proposer has satisfactorily performed other contracts of like nature, magnitude, and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the work specified in the RFP. To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References,” which is a part of the

RFP.

Contractor’s personnel assigned to the contract awarded from this RFP should each have a minimum of five (5) years of training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement, that he or she speaks English, and that he or she preferably has a minimum of three (3) years of supervision experience in work of similar scope to this RFP.

These experience and competence requirements must be maintained throughout the term of

Online Utility Billing and Payment Portal 26-211 the resulting contract. Contractor may not substitute assigned Contractor staff without pre-approval by the City.

VIII.R Force Majeure

If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to, acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather.

VIII.S Formation of Contract

Proposer’s signed proposal and City’s acceptance shall constitute a binding contract.

VIII.T Informed Proposer

Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

VIII.U Insurance Requirements

The successful Proposer must furnish to the City a Certificate of Insurance and accompany endorsements proving coverage as specified in the Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the Agreement.

VIII.V License Confirmation

Proposer represents that it is duly licensed and experienced in providing services similar to those being performed under this RFP, that it and its employees or subcontractors have all necessary licenses and permits to perform these services in the State of California, and that it is familiar with the plans of City.

VIII.W Nomenclatures

The terms successful Proposer, successful Contractor, and Contractor may be used interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract as a result of this RFP.

Online Utility Billing and Payment Portal 26-211

VIII.X Non-Collusion Declaration

Each Proposer is required to submit a signed copy of the Non-Collusion Declaration with its proposal.

VIII.Y Wage Theft Prevention

Proposers are required to submit a certification disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor…