ENTERPRISE RESOURCE PLANNING (ERP) ASSESSMENT CONSULTING SERVICES

Transcription

1 REQUEST FOR PROPOSAL RFP NO ENTERPRISE RESOURCE PLANNING (ERP) ASSESSMENT CONSULTING SERVICES City of Boca Raton City Hall Purchasing Division 201 West Palmetto Park Road Boca Raton, Florida (561)

2 Table of Contents RFP NO PART I GENERAL INFORMATION Page 1-8 PART II STATEMENT OF WORK Page 9-14 PART III EVALUATION OF PROPOSALS Page PART IV INSTRUCTIONS FOR PREPARING PROPOSALS Page PART V PROPOSAL RESPONSE FORMS Page (Electronic Forms are Provided for Proposer to Submit Proposal Response) PART VI PRICE PROPOSAL FORM Page (Electronic Forms are Provided for Proposer to Submit Proposal Response) PART VII SAMPLE CONTRACT/AGREEMENT Page Exhibits EXHIBIT A CITY SOFTWARE PROVIDERS Page EXHIBIT B SAMPLE OF DETAILED PROJECT PLAN AND Page 48 COST SCHEDULE FOR TASK 1 2

3 GENERAL INFORMATION PART I 1-1 DEFINITIONS RFP NO For the purposes of this Request for Proposal, "proposer" shall mean contractors, consultants, proposers, organizations, firms, or other persons submitting a response to this Request for Proposal. 1-2 PURPOSE This Request for Proposal (RFP) provides guidelines for the submission of proposals in response to Enterprise Resource Planning (ERP) Assessment Consulting Services from firms with experience and qualifications in providing the stated Scope of Services. 1-3 PROPOSAL SUBMISSION AND WITHDRAWAL The City of Boca Raton shall not be held responsible for the content of RFP packages obtained from any third party source nor will the City be responsible for providing addenda to potential proposers who receive a RFP package from other sources than the City of Boca Raton Purchasing Division. The CITY will receive proposals at the following address: CITY OF BOCA RATON Purchasing Division/City Hall 201 West Palmetto Park Road Boca Raton, Florida To facilitate processing please mark the outside of the envelope as follows: RFP No , Enterprise Resource Planning (ERP) Assessment Consulting Services. The envelope shall also include the proposer's return address. Proposers to submit six (6 ) sets of the proposal, one marked original and five (5) copies of the proposal in a sealed, opaque envelope marked as noted above. A proposer may submit the proposal in by personal delivery or by mail. Electronic submittal of RFP is not permitted. THE CITY MUST RECEIVE ALL PROPOSALS BEFORE 3:00 p.m. e.s.t. on April 2, Proposers must follow the below instructions when hand delivering their Proposal. 1. Enter building through the front entrance door (North side of City Hall Building) 2. Proceed to the Purchasing Division Office, Room Present RFP in the Purchasing Division for official date/time stamp prior to the closing date and time. The CITY cautions proposers to assure actual delivery of mailed or hand-delivered proposals directly to the CITY S Purchasing Division at City Hall, 201 West Palmetto Park Road in Boca Raton, Florida prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) , before proposal closing time. A proposal received by the City of Boca Raton Purchasing Division after the established deadline will be returned unopened to the proposer. Proposers may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, proposals once opened become a public record of the CITY and will not be returned to the proposers. 1

4 All proposals shall be valid for a minimum period of 120 days from the RFP closing date to accommodate evaluation and selection process. Upon opening proposals they are subject to public disclosure consistent with Florida Statutes. By submitting a Proposal, a Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 1-4 CONFIDENTIAL DOCUMENTS AS NOTED BY PROPOSER Any Proposer that elects to invoke exemptions to disclosure provided by law in the response to the RFP, is required to submit a redacted version of the RFP. For the purposes of this proposal a Redacted version of Proposer s proposal response shall mean, Proposer is to provide an exact replica of their firm s original proposal response with areas of their proposal response blacked-out or shaded-out which they deem Confidential or Exempt under Florida State Statute(s). This Redacted version shall be provided as follows: In addition to the (1) original and five (5) copies, Proposer to provide an extra copy of the proposal, clearly marked as Redacted on the front cover. On the inside cover of the redacted version there should be a summary sheet(s) detailing the sections, parts, and or pages redacted. For each section of the proposal that is redacted, proposer is to state the reason why such exclusion from public disclosure is necessary and state the legal basis for each exemption with a specific statutory citation for such exemption. Florida Statue Section sets forth general exemptions to the inspection and copying of public records. Additionally, trade secrets, as defined in Florida Statute Section are confidential and exempt from the public records law pursuant to Florida Statute Section Copyrighted material is not excluded from the definition of public record. It will be the responsibility of the Proposer to elect and to submit a redacted version of their RFP submittal. NOTE: In the event that the Proposer elects not to submit a redacted version of their RFP submittal, in accordance with item 1-4, the entire RFP, without exclusion, will be made available as a public record. 1-5 INVITATION TO PROPOSE The CITY solicits offers for the services of responsible proposers to provide consulting services for the City of Boca Raton as it relates to the assessment and review of the procurement of an ERP system. Proposer may only submit one proposal response to this RFP. Multiple proposal responses from same Proposer shall be cause for City to reject all Proposals from that Proposer. Proposer shall submit their response subject to the provisions of Florida Statute Chapter , which addresses conflicting employment or contractual relationships with public officers, employees of agencies, and local government attorneys. 1-6 Item Not Used 1-7 INQUIRIES/ADDENDA Interested proposers may contact the City's Purchasing Manager, Lynn Kunkel, with questions about the proposal at the Purchasing Division, City Hall, 201 W. Palmetto Park Road, Boca Raton, Florida Telephone (561)

5 It is the sole responsibility of the Proposer if the Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Buyer, noted herein, of such error in writing and request modification or clarification of the document prior to submitting their proposal. Written request for modification or clarification of this RFP are to be submitted seven (7) days prior to the RFP closing date by faxing your questions to or by to on Company letterhead with reference to the RFP number in the subject line of the correspondence/ . The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes, modifications or additional information may be provided by the City. It shall be the responsibility of each proposer, during and prior to RFP submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at or contact the Purchasing Division at to determine if addendums were issued and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered Proposers by that an addendum has been made to the RFP. The City shall not be responsible for providing notice of addenda to potential proposers who receive a RFP package from other sources. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. Any oral explanation given before the RFP opening will not be binding upon the City and should be disregarded. All proposers are expected to carefully examine the proposal documents. Any questions, ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to the opening of the proposals per above instructions. 1-8 MINIMUM QUALIFICATION REQUIREMENTS Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item 1-9 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. 1) Named firm (Proposer) shall have been in business a minimum of (5) five years under their current federal I.D. number. Five years to be calculated from RFP closing date. 1-9 DOCUMENTS TO BE SUBMITTED Part IV of the RFP, Instructions for Preparing Proposal, details each of the documents to be submitted for this Proposal, including the use of City provided forms in the electronic bidding system to form fill. In the event a form(s) or a portion(s) of a document are omitted with the Proposal response, the City reserves the right to waive as a minor irregularity and request the Proposer to submit the omitted information. Failure of a Proposer to provide the omitted information to the City as communicated in writing to the Proposer after the RFP closing date may result in the Proposal being non responsive and rejected for evaluation. 3

6 1-10 EVALUATION AND SELECTION PROCESS Evaluation of proposals will be conducted by an evaluation committee of City staff. Proposer shall meet all minimum evaluation criteria in order for their Proposal to be considered responsive for further evaluation in conjunction with item 1-9. The evaluation process will be a two step process as fully detailed in Part III, Evaluation of Proposals based on the point structure and criteria identified. The City reserves the right to reject all proposals, to waive non-material technical variances or minor irregularities in the proposal, to abandon the project or portion of the project or to solicit and re-advertise for other proposals. The City reserves the right to request clarification from the Proposer(s). It shall be the responsibility of the Proposer to submit all requested information identified by the City upon request to clarify their Proposal. Failure of a Proposer to provide the requested clarification information as detailed in the written communication may result in the Proposal being considered as non-responsive and not considered for further evaluation. The City may in its discretion waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter CONTRACT AWARDS The City anticipates entering into a contract with the proposer who submits the proposal judged by the City to be most advantageous. The proposer understands that this RFP does not constitute an offer or a contract with the CITY. Award recommendations that exceed $50,000 will be presented to the City Council for approval, which conforms to all requirements herein and whose evaluation by the City indicates that the award will be in the best interest of the City. Award recommendation to be posted on the City of Boca Raton Purchasing Division Legal Notice Board. A contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff, the most advantageous proposal has been identified, negotiations with the Proposer have been authorized by the appropriate level of authority within the City, an agreement has been executed by parties and approved by the appropriate level of authority within the City. A sample Contract is attached to this RFP. The CITY anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, proposers are advised that any contract which may result from the RFP may deviate from the Sample Contract if in the City s opinion such deviation is reasonable, justifiable and serves the best interest of this procurement and of the CITY. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at its option. Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and 4

7 economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP TIMETABLES The City and proposers shall adhere to the following schedule in all actions concerning this RFP: A. The City must receive the proposals by closing time as detailed in item 1-3 B. The City will review and evaluate the proposals in a timely manner. C. The City may enter into a contract after obtaining appropriate approvals and conducting negotiations. The City will notify all unsuccessful proposers DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify proposers of all changes in scheduled due dates by written addenda NEWS RELEASES The proposer shall obtain the prior approval of the City Manager's Office or designee of all news releases or other publicity pertaining to this RFP or the service, study or project to which it relates generated by the proposer or its agents, including the use of the City seal LICENSES Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of RFP receipt, as applicable PUBLIC ENTITY CRIMES In accordance with the applicable portions of Section , Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1-18 CODE OF ETHICS / CONE OF SILENCE If any Proposer violates or is a party to a violation of the Code of Ethics of the City of Boca Raton, Palm Beach County or the State of Florida, such Proposer shall be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and may be further disqualified from bidding on any future proposals for work, goods or services for the City of Boca Raton. The City s Code of Ethics, Chapter 2, Article V may be viewed at The Palm Beach County Lobbyist Registration Ordinance (Sections through of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section of the Palm Beach County Lobbyist Registration Ordinance includes a Cone of Silence provision that limits communication during the City s procurement process in regard to this RFP, which provides as follows: 5

8 Sec Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member s staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer s staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable LEGAL REQUIREMENTS Proposer shall comply with applicable provisions of all federal, state, county laws and regulations, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement 6

9 Code. Lack of knowledge of any such provision, by any Proposer, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County s Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Lobbyist Registration Forms are available at: DRUG-FREE WORKPLACE In accordance with Florida Statute , preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process PROCUREMENT CODE This Proposal is governed by City of Boca Raton Procurement Code. A copy of the Procurement Code is available for your review at POLITICAL CAMPAIGNS During the term of this Agreement, the Consultant or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign DEVIATIONS Substantial deviations from specifications, proposal format or other requirements of this RFP may result in disqualification of the proposal and will not be considered for evaluation. A. Deviations to Sample Agreement Exceptions to the attached Sample agreement are business concerns for the City. Any such deviations should be submitted in the RFP response as detailed in Part V. The City is under no obligation to accept any proposed deviations. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at its option B. Deviations to Part II, Statement of Work The City strongly encourages Proposer to meet or exceed the Statement of Work. No variations or exceptions to the Statement of Work by a Proposer will be considered or deemed a part of the RFP submitted unless such deviations are listed in the RFP response as instructed in Part V. If deviations are not stated or referenced as stipulated, it will be assumed that the product or service fully complies with the City s Statement of Work. By evaluating a proposal, the City is under no obligation to accept any proposed deviations and all deviations submitted are subject to review and approval by the City. If any Proposer submits deviations that, in the City s sole opinion are substantial and not considered to be equal or better than the stated Statement of Work, the City reserves the right to reject the proposal for further consideration. 7

10 1-25 ADDITIONAL INFORMATION The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to more fully meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system, equipment and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. 8

11 2-1 BACKGROUND INFORMATION City Background STATEMENT OF WORK RFP NO PART II The City of Boca Raton is a rapidly growing and vibrant City of over 88,000 located in Palm Beach County, Florida. The City s FY 2014/2015 operating budget is currently $352 million and the City employs 1333 classified positions. The City of Boca Raton is a full service municipality, which includes services of administration, municipal services including sanitation, water and sewer utility, parks and recreation, community development planning, permitting and code enforcement, and public safety. The City of Boca Raton submits budgets for six types of funds: General Fund; Enterprise Funds; Internal Service Funds; Special Revenue Funds; Debt Service Funds; and Capital Project Funds. Additional information regarding the City of Boca Raton can be found at Current Systems in Place The City utilizes Sungard Naviline as an integrated financial, land management and utility billing solution, which has been in place since the 1980s. In addition, the human resource, employee benefit and payroll system, Infor Inc., Infinium, has been in place since 1980s. The following is a high level identification of the functionality provided by the current ERP and other systems. Break out is listed by major end user (City Department). Exhibit A details software providers. 1) Human Resources a) Applicant Tracking & Requisitions 3rd party b) Employee Data c) Time & Attendance d) Performance Evaluation 3 rd party 2) Financial Services a) Accounts Payable b) Cash Receipts c) Asset Management d) Bank Reconciliation e) Budgeting 3 rd party f) AR & Miscellaneous Receivables g) Financial Reporting i) GASB34 ii) Reporting Analytics h) Grants, Project Management & Accounting i) Investment Management j) Purchasing/Inventory/Receiving/Barcoding k) Contract & Bid Management 3 rd Party l) Water utility billing m) Payroll Processing n) Employee Benefits o) Workers Compensation p) Parking Enforcement Services 3) Development Services a) Building Permitting 9

12 b) Electronic Plan Review 3 rd party c) Building & Fire Inspections d) VRU Inspection Scheduling 3 rd party e) Planning & Zoning f) Business License (Tax) g) Land Management h) Code Enforcement 4) Municipal Services a) Fleet i) Fuel Inventory ii) Parts Inventory iii) Work Orders (1) Internal repairs (2) External repairs iv) Maintenance scheduling v) Fleet Disposal vi) Fleet Replacement vii) Barcoding for parts & labor capture 3 rd party b) Facility Services i) Work orders (1) Internal repairs (2) External repairs ii) Financial tracking and charging iii) Wireless work order system Sungard & 3 rd party c) Streets i) Work orders & Billing ii) Street maintenance d) Sanitation i) Container tracking & collections ii) Inventory of equipment 5) Utility Customer Service (in coordination with Financial Services) a) Account Maintenance i) Connections ii) Stop service iii) Address changes iv) Selection of service b) Billing (Paper & Electronic) (paper bills outsourced) c) Meters d) Financial Collections e) Backflow Inventory & Management In addition, the City utilizes other in-house written and 3 rd party applications and interfaces. 6) In-house applications a) Travel Expense Tracking & Reimbursement b) Agenda Routing Tracking c) Public Request Tracking d) Employee Status Form Workflow e) CIP Budgeting f) Salary Forecasting 7) 3 rd Party applications a) Rectrac, Vermont Systems Parks & Recreation b) Projectdox, Avolve Electronic Plan Review 10

13 c) Quatred Inventory Barcoding d) Quatred Fleet Time Management Tracking (Handheld) e) Quatred Facility Work Orders f) Selectron Building Inspection Scheduling g) Pontem Cemetary Management h) T2 Systems Parking Management & Enforcement i) Crywolf Alarm Billing & Registration j) EJ Ward Fuel Tracking & Dispensing k) Chelsea Golf Teetime & POS l) Laserfiche Document Imaging m) ESRI Geographical Information System 2-2 Goals and Objectives The City desires to conduct a comprehensive evaluation of the various applications currently in use throughout the City against business needs and best practices in municipal agencies. The objectives of this evaluation are to: Identify departmental use of technology and their goals for process improvement. Understand current system capabilities and compare those against business needs and best practices/current software functionality available in the market today. Identify areas where the current application is capable of meeting needs, but additional staff training is needed to utilize the application to its potential. Identify if there is the need for the City to replace their current system and/or ancillary systems and prepare a RFP template for potential new systems. Determine if a best of suite or integrated solution fulfills goals identified in the business GAP Analysis. Define the costs, lifecycle, and staff resources necessary to implement potential new systems. Identify the timeline and phasing options associated with implementing the recommendations. 2-3 SCOPE OF WORK The anticipated tasks included within the scope of services are: Task #1: Gap Analysis The Gap Analysis is to include but not be limited to the following: In consideration of the City s goals and objectives, review, evaluate, and document existing systems; determine and document the functional requirements necessary to meet the business needs of City departments. The Consultant will identify deficiencies within the current systems that can be enhanced with a new ERP software solution, propose opportunities for improved system design and efficiency. The Consultant shall review, evaluate and report on the City s existing systems, resources, and activities, as they relate to the ERP system, including: a) The effectiveness of the existing software solution in meeting the business needs of the City including the need for accurate and complete financial information, proper internal controls, and effective workflow processes; b) Existing department-specific data or data needs that may be incorporated into a citywide ERP solution; c) The ability of existing stand-alone systems to effectively integrate into an ERP software solution and the necessary components for successful integration; d) The effectiveness of existing hardware (workstation and network) in supporting an ERP system; 11

14 e) The current staffing support for the ERP system and potential staffing efficiencies that may be recognized with implementation of a new system; f) Identify other relevant system or resource components or issues that may factor into the need to replace or enhance the current ERP system. It is expected that the Consultant would conduct a series of time extensive, on-site interviews with the various key department personnel to fully assess the requirements for the ERP system, as well as identifying opportunities for integrating data collected from departmental software. Evaluation to concentrate on the ERP applications identified in 2-1-2, items 1 through 5 with consideration of the other systems that work with the ERP application, identified in 2-1-2, items 6 & 7. Task #1 Deliverable: Consultant will assess and report on items listed in Task 1 and include in the Gap Analysis report. The report shall analyze and summarize the review and evaluation performed in Task 1. Task 1 will include the Consultant presenting their findings/reports to the City s Management Team. The report shall include but not be limited to: a) Detailing the City s current ERP systems ability to meet or not meet current and anticipated business requirements. b) Areas where current needs are not being met and identify if their currently is software functionality available in the market place today that has the ability to meet those needs, including best of suite or integrated solution. c) Consultant to report on areas where the current application is capable of meeting needs, but additional staff training is needed to utilize the software to its potential. d) Consultant to provide budget figures for replacement software based on GAP analysis or estimated costs for upgrading / enhancing current systems. Report to include estimated costs that includes break out, including but not limited to hardware, software, project implementation and training. Task #2: Develop a Plan of Action to Implement Solutions Complete a comprehensive plan of action to implement solutions to issues identified within the Gap Analysis. The plan of action should include a prioritization of solution requirements, potentials for phasein of solution implementation, suggested time frames for implementing the project, City staff resources and allocation of time to implement solution(s). Task #2 Deliverable: Consultant will submit a detailed plan of action report related to the implementation of solutions and the phases of each. Consultant will present their findings and recommendation to the City Management Team and in a report format. Plan of Action to clearly detail City resources (staff) needed to implement the solutions, including assessment of staff maintaining their current work load in conjunction with the work load demands associated with an ERP implantation and areas where outside temporary help could be utilized. Task #3: Request for Proposal Document Based on the results of the GAP Analysis and Plan of Action, the Consultant will assist City staff in preparing a comprehensive request for proposal (RFP) for the City to distribute to prospective vendors 12

15 for the purchase, installation, and implementation of an ERP software solution. This will include assisting the City in identifying potential vendors and assisting with addendums (developing written responses to questions from vendors during the process) for the City to issue such addendum(s) throughout the RFP process. Task #3 Deliverable: Consultant will deliver technical sections for use in the City s RFP and will assist with addendums Task #4: Evaluation and Selection of Vendor The Consultant shall assist City staff in evaluating vendor proposals, attending City selection committee meetings, site visits to agencies using prospective vendors system, and providing recommendations to the City s evaluation committee. Task #4 Deliverable: Consultant will submit their analysis of the proposals and recommendations Task #5: Contract Negotiations Once the software vendor(s) has been recommended, the Consultant will be required to assist City staff in successfully negotiating a contract. Consultant may be required to attend the City Council meeting and assist with the presentation for the selection and award of the chosen vendor. Task #5 Deliverable: Consultant will review contracts and assist City staff with negotiation of the contract. Task #6: Implementation Consultant will be available to City staff on site for consultation during implementation of the new ERP software solution and assist City with validating contract requirements and performance deliverables of awarded ERP firm. Task #6 Deliverable: Consultant will provide consulting and project management services during the implementation of the selected ERP solution. Task #7: As needed services not addressed in Task 1-6 The City may require additional services connected with the acquisition of a new ERP system. Upon request of City, Consultant to provide a proposal detailing the requested scope of services, hours, and assigned personnel for review by the City. Any such work shall be approved by use of a Work Order. 2-4 WORK ORDER DEVELOPMENT The City will require a Work Order to be developed for each Task. The City of Boca Raton makes no representations about the number of work orders that may be issued as a result of the awarded agreement. The City of Boca Raton does not guarantee that all tasks will be required and nor number of Work Orders issued. For Task 1 the work order will be developed based on the RFP and RFP response. For Tasks 2 7, the City of Boca Raton IT Division will initiate each work order by first requesting a detailed proposal of the scope of services and deliverables to be performed based on the general task description identified herein and completion time. The Consultant will provide a detailed written proposal including the total cost of Services to be provided, either at an hourly rate with a not to exceed total 13

16 amount, or with a lump sum amount, or a combination thereof for review by the City project manager, including any travel costs. Such proposal will be reviewed for the development of the Work Order. There shall be no fee associated with the development of the proposal and or the Work Order document. 2-5 PERFORMANCE SCHEDULE The City requires the Consultant to be responsive and timely in addressing the work orders, the performance of the work and responding to general phone calls and s from City IT staff. The performance schedule required from the Consultant will be defined in each subsequent work order issued for this project. The expectation of the City is for the Consultant to provide to the City drafts of proposals/scope of work within a prompt period of time, in relation to the complexity of the work order. Task 1 and 2 requires a Gantt chart or similar project management tracking tool. Future work orders may also require the development of such report, as identified in each work order. 2-6 CONFLICT OF INTEREST The Proposer shall certify in writing that no relationship exists between the Proposer and another organization that interferes with fair competition or is a conflict of interest, and no relationship exists between the Proposer and another person or organization that constitutes a conflict with respect to the contract. The Proposer shall provide assurances that it presently has no interest and shall not acquire interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services of the development of specifications for an ERP system and the recommendation for selection of an ERP system. The Proposer shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract. 2-7 TRAVEL All travel related to the providing the services shall be identified in the price proposal. Travel reimbursement amounts shall not exceed the City s travel per diem and mileage rates. Each Work Order to detail travel expense as a not to exceed based on rates provided in the Price Proposal. 2-8 PAYMENT Payment terms are net 30 days as outlined in the Sample agreement. 2-9 PROJECT MANAGER The Consultant shall assign a Project Manager for the City s project. The Project Manager shall be the main point of contact with the City s assigned Project Manager. The Project Manager shall have the experience and training to manage all facets of the City s Scope of Services, and is preferred to have PMP certification. 14

17 EVALUATION METHOD AND CRITERIA EVALUATION OF PROPOSALS PART III RFP The City s selection committee will evaluate proposals and will select the proposer which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. Failure to meet the minimum qualification requirements in conjunction with item 1-9 shall result in the RFP not being considered for evaluation. The following criteria shall be utilized in the evaluation of the proposals: 3-1 GENERAL OVERVIEW The purpose of the Evaluation Process is to judge the Proposals submitted in response to the Request for Proposal to establish the #1 Proposer. Each proposal will be evaluated by each Selection Committee member using the procedures outlined herein. The City reserves the right to request clarification from the Proposer(s) during the evaluation phases. When presentations are utilized, the format will be determined by the selection committee, which may include an on-site presentation, conference phone call, web-meeting, demonstration and / or site visit. 3-2 EVALUATION PROCESS The Evaluation of Proposals will occur in two Phases Phase I -The committee evaluates and scores proposals to establish the "shortlisted" firms that will advance to Phase II of the selection process. Each voting Selection Committee member shall evaluate and award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response. The points awarded for each Category will be totaled, ranked and tabulated as described in Paragraph 3-3 to determine the ranking order of the proposers. A minimum of two firms will be short listed based on the ranking order (highest ranked firms). In the event there are less than two (2) responsive proposals, the committee will give further consideration to the sole proposal received. Based on the number of proposals received, the evaluation committee may elect that all proposers participate in the Phase II evaluation process and not utilize the Phase I evaluation process. The City reserves the right to obtain best and final offers from each of the proposers after submission and prior to award Phase II --The proposers identified by the selection committee as being short-listed are invited to participate in Phase II as a short listed firm. Each short listed firm is in equal standing at the beginning of the Phase II Evaluation. Each short listed firm may be required to provide a presentation for the Selection Committee. These presentations will provide the opportunity for the selection committee to further assess the qualifications of the firm and their understanding of the scope of services, approach and performance. 15

18 Each Selection Committee member shall re-evaluate and re-award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response, any presentation and reference checks. The points awarded for each Category will be totaled, ranked and tabulated as described in Item 3-3 to determine the #1 Proposer. 3-3 POINTS AND RANKING SYSTEM UTILIZED FOR PHASE I AND II EVALUATION: Each Committee member will award points according to the Selection Criteria described in each Category for the Phase I and II evaluation processes. The points indicated as Points Possible are the maximum that may be awarded for each Category. The points awarded for each Category will be totaled to achieve the Total Points awarded to each Proposer. The proposer with the greatest cumulative of Total Points for the applicable phase will be ranked 1, the next greatest total ranked 2, etc. A 1 ranking is one point; a 2 ranking is two points, etc. The individual ranking points from each committee member will be tabulated to arrive at the overall committee ranking. The Proposer with the lowest total of ranking points will be the # 1 ranked proposer, the next lowest will be # 2, etc. The committee tabulation of the ranking points shall be the basis for determining the ranking order of the Proposers. 3-4 TIE PROPOSALS Whenever a tie occurs for the top ranking position after the Phase 2 evaluation, a Best and Final Offer will be requested from the top ranked proposers. The selection committee will rescore using the method described in SOLE PROPOSAL In the event there is a sole proposer, selection committee shall evaluate the sole response, and provide a written determination that the proposal meets the needs of the City and such proposer is recommendation for award. 3-6 EVALUATION CRITERIA Summarized below is the Evaluation Criteria for Phase I: PHASE I EVALUATION CATEGORIES POINTS POSSIBLE Qualifications, Experience and Certifications (Part V, Section & 5.10) 30 Understanding of Scope of Services, Approach and Technical Compliance 25 (Part V, Section ) Organization, Commitment, Quality Assurance, Customer Satisfaction 10 (Part V, Section 5.8, 5.9) Fees (Part VI) 35 Total Points Possible for Phase I

19 Summarized below is the Evaluation Criteria for Phase II: PHASE II EVALUATION CATEGORIES POINTS POSSIBLE Qualifications, Experience and Certifications (Part V, Section & 5.10) 30 Understanding of Scope of Services, Approach and Technical Compliance 25 (Part V, Section ) Organization, Commitment, Quality Assurance, Customer Satisfaction 10 (Part V, Section 5.8, 5.9) Fees (Part VI) 35 Total Points Possible for Phase II

20 4-1 PROPOSAL INSTRUCTIONS INSTRUCTIONS FOR PREPARING PROPOSALS RFP PART IV In preparing your proposal, Proposer should assume that the City has no previous knowledge of their product, services or capabilities. Each proposal response form is to be completed, printed and submitted to the City in the format listed below. Proposers are cautioned to carefully review their submittal to assure that a complete and comprehensive answer has been provided for each of the form fill fields. Your response, as provided in these forms will be read and evaluated by the evaluation committee. Proposers are to carefully check their price proposal verifying that all items have a price provided and to check math extensions and totals. The pricing submitted will be used in the evaluation and scoring of the proposal. Negotiations regarding price are NOT allowed as part of the RFP evaluation and ranking process. The proposer is to utilize each of the forms provided in the electronic bidding system for completion and submission with the RFP response and follow the format identified herein. Poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal but such substandard submissions may adversely impact the evaluation of your proposal. 4-2 ELECTRONIC FORMS FOR SUBMISSION OF PROPOSAL Watermarked forms have been provided that replicate the form fill documents available in the electronic bidding system. The file names for these form fill documents are listed below and are to be obtained in the electronic bidding system under Bid Attachments of RFP at File names of electronic forms to be completed and submitted by Proposer: a Part V, Proposal Response Forms b Part VI, Price Proposal Form 4-3 PROPOSAL FORMAT AND ATTACHMENTS Proposal to be tabbed using the following headers Tab A Proposal Response Form, Part V Insert electronic response form filled out. Tab B Attachments for Part V Top of each page to be labeled and identify which question the attachment is being provided for, for example, list the Question Number as provided in Part V, 5.3.1, Item A. Order of attachments to follow same order as listed in Part V. Tab C Price Proposal Form, Part VI with completed Project Plan, Cost schedule & Gantt Chart for Task 1, Gap Analysis 18

21 Instructions for attachments Proposal questions that allow for an attachment to be submitted are to be inserted in Tab B. Each attachment is to be labeled and placed in the same order as listed in the Proposal Response Form. Proposers are responsible for verifying that all attachments are included in their submission for each item checked confirming that the reply is by use of an attachment. Proposer to submit number of RFP copies as directed in Part I of the RFP. At the Proposers option, a redacted version may also be submitted. 4-4 FORMS REQUIRING SIGNATURES The following forms are to be manually signed: Proposer Acknowledgement Form Drug Free Form 19

22 PART V PROPOSAL RESPONSE FORM RFP DECLARATION OF FIRM Proposer as identified on Proposer Acknowledgement Form firm as identified herein will be considered the primary firm. If more than one firm is named; a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture agreement and if state law requires that the Joint Venture be registered, filed, funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boca Raton. Please complete the following: A. Name of Firm If the Name of Firm above references more than one firm, indicate if Partnership, Joint Venture or Other Type? Is Attachment provided showing the legality of such? Form Fill Pages Address City, State, Zip Code Telephone Number Fax Company Website B. Name of Persons or entities interested in the proposal as principals C D Declaration that proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP Identify/detail names of persons authorized to make representations for the proposer including the titles, addresses, telephone, fax numbers and addresses of such persons in the spaces provided below: FIRMS AUTHORIZED REPRESENTATIVE(S) Name Title Telephone Number Fax Number Address or submitted as Attachment 5.2 ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. DATE ISSUED

23 6. 7. Proposer acknowledges that the proposal response is being submitted in accordance with the above referenced addendums. Proposer to submit signed version of each addendum with their submittal. Addendums submitted as Attachment Proposer shall obtain addendum information by logging in to the electronic bidding system at to access each addendum document. 5.3 Qualifications and Experience of Firm (Proposer) The submission should include: Minimum Qualification Requirements Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item 1-8 shall not be considered for evaluation by the Selection Committee. (a) Named firm (Proposer) shall have been in business a minimum of (5) five years under their current federal I.D. number. Five years to be calculated from RFP closing date. Number of years in business: Proof Submitted as Attachment Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm s State of Origin of Proposer s firm Qualifications of the Proposer A. Details on the qualifications of the firm submitting the signed letter of transmittal. 1. Size of Firm (for the office location that will be providing the consulting services) 2. Identify the certifications held by your firm Submitted as Attachment or Type/Provide Response here: 3. Brief History of the Firm B. Firms Expertise Form Fill Pages 1. Identify the Firms top three areas of consulting expertise / areas of concentration a. b. c. C. References of Proposer for Similar Engagements Proposer is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being considered. City may request a more detailed list, including other governmental agencies. The City reserves the right to request or contact additional or different references from the provided customer list for consideration, including past experience with the City of Boca Raton. Failure to submit references may result in the RFP not being considered for evaluation. 21

24 The firm proposing shall demonstrate their experience with similar consulting projects for governmental entities performed by their firm to be considered for evaluation. Governmental shall be defined as a County or a Municipality with a population in excess of 50,000. Proposer to provide FIVE (5) references for similar type services on the City provided form. Additional references may be submitted as an attachment to show depth of experience for similar work. Work to be performed within the past five years. References that are affiliated with a Parent Corporation or affiliated Subsidiary or other regional office shall not be included as part of the response Governmental Entity Name: Address: City, State, Zip: Project Manager of Client: Title: Phone No.: I.T. related Project Manager of Client: Title: Phone No.: Summary of Services Provided: (check each that apply and provide details on tasks performed) Gap Analysis: Plan of Action / Solutions Report: Assistance/Develop of RFP document for Client: Proposal Analysis and Evaluation: Assistance with Negotiation Process: Project Implementation: Other: Form Fill Pages What ERP system did this Client initially utilize? What ERP system did this Client purchase as replacement as part of your award recommendation/analysis? Start Date of Project: Completion Date: Approximate number of users: * additional references may be provided to show depth of experience D. Firm s Client List Provide a complete list of customers that are not confidential. Proposer may use City Form or provide Attachment. Provide a listing of all Accounts listed as Current or Past during the past three years. The City reserves the right to use this list as a source of additional contact information. Submitted as Attachment Name of Reference / Entity or Type/Provide Response here: Current Account (Y/N) Past Account (Y/N) 22

25 E. Qualifications of individuals employed by Proposer 1. Resume/details on the qualifications of the individual(s) who will perform the work (assigned to the CITY OF BOCA RATON PROJECT); including relevant college, graduate or professional training courses, certifications held, summary of professional experience and direct experience in similar government agency according to the population and comparable services delivered as the City of Boca Raton. Submitted as Attachment and labeled as 5.3.2, Item E Summation of individuals submitted for Personnel Categories as listed in Part VI, Price Proposal. Project Manager Name Personnel Category Years of Experience Years with Firm Office Location Identify Scope of Services /Tasks this Individual Will be Working On for the City Has a PMP Certification from PMI Y / N Technical Staff / Management Name Personnel Category (as listed on Price Proposal Form) Years of Experience Years with Firm Office Location Form Fill Pages Identify Scope of Services /Tasks this Individual Will be Working On for the City Identify any Certification(s) from PMI Project Manager and other staff may only be changed with the express prior written permission of the City of Boca Raton. The City of Boca Raton retains the right to approve or reject replacements. 3. Subject Matter Experts 23

26 Based on the software functionality identified in Part II and the business operations associated with those operations, identify any staff that are subject matter experts in that field that will be assigned to the City s project. Subject Matter Experts Name Subject Matter Expert Categories F. Use of Subcontracted Services Form Fill Pages Identify if any subcontractors / sub-consultants will be used for performance of services and the benefit of using the subcontractor/subconsultant. Subcontractor/Subconsultant is considered any individual or firm not directly employed by the Proposer. Submittal to include: 1) Benefits of subcontracting these services out 2) Length of relationship 3) Resume / Experience of individual 4) Personnel Category of each person Submitted as Attachment or Response G. Proposer's Financial Stability Submit a statement and/or provide audited financial statements to substantiate the financial stability of the Proposer. If a financial stability statement is provided, Proposer to also include the name, address, and telephone number of a contact in the company s principal financing or bank organization who can attest to the financial responsibility of the vendor. Submitted as Attachment or Response provided as: H. Litigation Provide a summary of any litigation filed against the proposer in the past seven years which is related to the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment or Type/Provide Response here: Disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization; or warrant that no such condition is known to exist. If none, state as such. Submitted as Attachment or Type/Provide Response here: I. Contract Termination Provide a summary of any contracts (term contracts and single project) that the Owner provided notice of cancellation to your firm, with or without cause in the past seven years. The summary shall state the name of the Owner, summary of the contract, term of the contract and reason for cancellation. If none, state as such. 24

27 Submitted as Attachment or Type/Provide Response here: J. Insurance: Provide proof of ability to obtain the levels of insurance in areas as identified in the Sample Agreement. Submitted as Attachment K. Corporate Status: If Proposer is a corporation, provide certification from the applicable State verifying Proposer's corporate status and good standing. Submitted as Attachment L. Business Tax Receipt: Proposer is to submit a copy or proof of Business Tax Receipt (Formerly Known as Occupational License) from Entity where business is located, if applicable in City, State, County. Submitted as Attachment or Type/Provide Response here: M. Sole Proprietor or Partner: Form Fill Pages In the case of sole proprietorship or partnership, detail all owners or partners. If not applicable, state as such. Submitted as Attachment or Type/Provide Response here: N. Proposer Acknowledgement Form: Proposer to notarize, complete and submit City Provided Form. City provided Proposer Acknowledgement Form notarized and submitted 25

28 PROPOSER ACKNOWLEDGMENT FORM RFP This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP opening date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal. Proposer must submit proof that their firm name as Individual, Partner or Corporation is registered with their State of origin. BUSINESS ADDRESS of PROPOSER: Address:, City, State Zip Telephone No: Fax No. Address for notifications: Federal ID. No. ACKNOWLEDGEMENT IF REDACTED VERSION OF RFP WAS ELECTED TO BE SUBMITTED: YES NO (No, Not submitted) NAME & SIGNATURE OF PROPOSER If an Individual:, doing business Signature as If a Partnership or Joint Venture: Name of Proposer by: / Signature(s) If a Corporation: Corporate Name Form Fill Pages (a Corporation) By Signature Title: Attest: (SEAL) Corporate Secretary ***************************************************************************************************************************************** NOTARY PUBLIC: STATE OF: COUNTY OF: The foregoing instrument was acknowledged before me this day of 20, by who is (who are) personally known to me or who has produced as identification and who did or (did not) take an oath. NOTARY PUBLIC SIGNATURE: _ NOTARY NAME, PRINTED, TYPED OR STAMPED: Commission Number: My Commission Expires: 26

29 O. Drug Free Workplace Form: Proposer to complete and submit the following City provided form. City provided Drug Free Workplace Form completed and Submitted Form Fill Pages INTENTIONALLY LEFT BLANK 27

30 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Form Fill Pages 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date 28

31 5.4 Independent Consulting Status A. To preserve the independent role of providing the consulting services outlined in Part II and to be unbiased in providing your services, with the goal of making recommendations that are best suited to the City s needs in the present and the future, what steps does your firm take to assure recommendations are unbiased and no personal or professional gain is obtained from such recommendations. Type/Provide Response here: B. The Proposer certifies as checked below, that no relationship exists between the Proposer and another organization that interferes with fair competition or is a conflict of interest, and no relationship exists between the Proposer and another person or organization that constitutes a conflict with respect to the contract. The Proposer shall provide assurances that it presently has no interest and shall not acquire interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services of the development of specifications for an ERP system and the recommendation for selection of an ERP system. The Proposer shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract. Form Fill Pages Check here to acknowledge above Proposer is unable to acknowledge the above for the following reasons: 5.5 Scope of Services Proposer to detail their understanding of the Scope of Work as listed in Part II of the RFP, with the understanding that a detailed work order will be developed for all tasks. For tasks 1 through 6 in Part II, the City has provided a general statement regarding the scope of services. Proposer is to provide a detailed response to each task, and address the following: Approach Activities Work products / Analysis Reports that will be provided a) Task #1: Gap Analysis. Type/Provide Response here: Task 1 Gantt Chart or similar project planning tool to be submitted detailing project staff assigned by individual task assignments and estimated hours and hourly rate. Detail if meetings are onsite, web-x, conference call, etc. (sample format per Exhibit B to be included with Price Proposal under Tab C in RFP response) b) Task #2: Develop a Plan of Action for Addressing the Gap Analysis and Present Recommendations to City Leadership. Type/Provide Response here: c) Task #3: Request for Proposal Document. Type/Provide Response here: d) Task#4: Evaluation and Selection of Vendor. Type/Provide Response here: 29

32 e) Task #5: Contract Negotiations. Type/Provide Response here: f) Task #6: Implementation. Type/Provide Response here: 5.6 Sample Agreement / Exceptions Indicate any minor exceptions to the Sample Contract/Agreement. The sample agreement is the City s normal terms and conditions and deviations are discouraged. Exceptions to the attached Sample Contract/Agreement are business concerns for the City. If your company takes exception to any clause in the sample Contract/Agreement please identify what that exception(s) is/are and how your firm suggests phrasing that clause(s). Depending upon the degree of the exception(s) to the City language, there may be an adverse impact to the evaluation of your proposal. Any deviations to the insurance requirements to be included in this section. No exceptions taken or Type/Provide Response here: Form Fill Pages 5.7 Deviations to Part II, Statement of Work If Proposer is offering deviations to some or all of the items in Part II Statement of Work, proposer is to detail as such. Deviations must be specific, and the Proposer must indicate clearly what is being offered to allow the City a meaningful opportunity to evaluate the deviation. The City is under NO obligation to accept any proposed deviations or exceptions and such deviations or exceptions may result in the RFP not being considered for further evaluation in accordance with item 1-22, Deviations. If no deviations are taken to the scope of work, state as such. No exceptions taken or Type/Provide Response here: 5.8 Organizational Structure for Providing the Services and Commitment A. Project Team Organizational Chart Submit an outline of the organizational structure that will be used for the proposed team. Chart to show lines of communication/ reporting and accountability. If any sub consultants are proposed to be used to complete the work products listed in the RFP, include in the Organizational Chart/Outline. Submitted as Attachment or Response provided as: B. Assignment of Staff 1. Provide detailed approach on how your firm will provide and assign knowledgeable personnel to match the City s task requirements. Type/Provide Response here: 2. In the event that the staff person assigned does not have the expertise / knowledge to perform the scope of services as observed by the City, and the City provides such notice to the Project Manager, detail steps that will be taken, including how you will address the work completed up to that point: 30

33 Type/Provide Response here: C. Project Manager 1. Detail commitment to having the same Project Manager assigned to the City for the entire project to allow for continuity of service. Type/Provide Response here: 2. What are some of the key elements of the project that the Project Manager will be integral to in order to assure the City a successful analysis and implementation. Type/Provide Response here: D. Response Times and Commitment to Schedules 1. What project management technique will be used to assure project time lines stay on task? Type/Provide Response here: 2. When a task is in progress, what service level/ response times will you provide to the City as it relates to responding to City phone and inquiries. Type/Provide Response here: E. Meetings Onsite versus Web Meetings / Conference Calls 1. What philosophy will be used in determining the need for onsite meetings versus the use of Web Meetings/Conference calls, taking into consideration the relative costs associated with travel? Type/Provide Response here: 5.9 Quality Assurance/Customer Satisfaction A. In the past, the City has had consultants perform services that have resulted in less than desired results. Either the solution proposed by consultant was not supported or was a result of City staff performing a majority of the task work assigned to the consultant. How will your firm assure the City that the work provided will meet the City s expectations, be high quality work and be useful? Type/Provide Response here: B. In the event that the City is not satisfied with work provided, what actions will your firm take and how will the Work Order/ allocation of hours be addressed. Type/Provide Response here: 5.10 Additional Data Form Fill Pages Any additional information which the proposer considers pertinent for consideration should be included in this section of the proposal. Type/Provide Response here: or Submitted as Attachment 31

34 5.11 Confidential Documents In accordance with item Part I, Item 1-4, Proposer may elect to submit a redacted version of their RFP response. Redacted version constitutes exact same proposal submitted with confidential sections of proposal shaded or grayed out for public viewing as further detailed in Part 1, Item 1-4. Redacted Version Submitted? Yes No Form Fill Pages 32

35 STATEMENT OF NO RESPONSE RFP NO NO BID RESPONSE MAY ALSO BE SUBMITTED ELECTRONICALLY FOR REGISTERED BIDDERS If you are not proposing on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, Florida Failure to respond may result in deletion of your firm's name from the vendor database for the City of Boca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a proposal on the above because of the following reasons: We do not offer this product, service or an equivalent Our schedule would not permit us to perform Unable to meet requirements of RFP Other (specify below) REMARKS: Form Fill Pages 33

36 PART VI PRICE PROPOSAL FORM RFP Proposers are required to use the price proposal form format for submitting their pricing. Failure to price out a task or provide all applicable hourly rates for personnel categories necessary for this RFP may result in the City not being able to fully evaluate the price proposal and consider the Proposal as non responsive. Task 1 Gap Analysis Proposal, including travel expenses to accomplish Task 1 Format for proposal to be per Attached Exhibit B Gap Analysis $ (as per attached itemized proposal by sub tasks/personnel categories) Tasks 2 7: Hourly Labor Rates HOURLY LABOR RATE SCHEDULE FOR EACH MAJOR PERSONNEL CATEGORY (All categories listed below shall also be addressed in Part V of the RFP ) Hourly rate shall be all inclusive includes overhead, profit, expenses. Reimbursements for travel expenses will be addressed in each Work Order based on not to exceed figures proposed. Personnel Category Hourly Labor Rate - Not to Exceed Rate * Form Fill Pages Project Manager $ ERP Team Lead $ ERP Configurer $ ERP Programmer/Analyst $ ERP Systems Administrator $ OTHER Personnel Categories assigned for Tasks 2-7: $ $ $ $ $ $ Name of Proposer: 34

37 PART VI PRICE PROPOSAL FORM RFP Travel: Proposer to provide not exceed amounts for travel necessary for Tasks 2 7 (Task 1, travel to be included in the price proposal). Each Work Order will identify any approved travel. Not to exceed rates are to be provided for RFP evaluation and will be used for developing approved travel amounts for each Work Order. Description One day onsite meeting $ Two day onsite meeting $ Three day onsite meeting $ Four day onsite meeting $ Other Situation: $ Total Not To Exceed (includes airfare, hotel, mileage, meals, car rental) The City will reimburse based on actual costs, up to the Not to Exceed Amount proposed. ) Meetings that include multiple staff attending, City will require car rental / mileage to be deducted from additional staff not to exceed rate. Form Fill Pages The City will reimburse meal and mileage per diem based on the City s current travel reimbursement policy. Meals: Dinner - $20.00, Lunch $ 12.00, Breakfast: 8.00 Mileage: $.575 or as amended by City travel policy. For each Task, identify estimated amount of onsite meetings that will be needed to complete the task. Estimated figures will solely be used for evaluation of travel costs over the duration of the project, and the actual travel will be determined at time of Work Order development. Task Task #2: Develop a Plan of Action for Addressing the Gap Analysis) and Present Recommendations to City Leadership Task #3: Request for Proposal Document Task #4: Evaluation and Selection of Vendor Task #5: Contract Negotiations Task #6: Implementation General Estimate of number of days onsite days days days days days Name of Proposer: 35

38 **** SAMPLE **** AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. THIS AGREEMENT made and entered into this day of, 20, by and between the City of Boca Raton, a municipal corporation of the State of Florida, hereinafter referred to as CITY, and., a corporation hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional information technology (I.T) services by the CONSULTANT to the CITY; and WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services; and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the CONSULTANT to provide, expert witness services in connection with court proceedings arising out of projects in which the CONSULTANT provided I.T. services at the hourly rates set out in Attachment B, which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three year term, with the option to renew for two additional one year periods, or until such time as all outstanding Work Orders approved prior to the expiration of the Agreement term have been completed, subject to cancellation as provided herein. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services as specifically stated in the Scope of Services (Attachment A), and as may be specifically designated and additionally authorized by the CITY. As the CITY identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, the CITY shall initially request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared, which incorporates the terms of the understanding reached by the parties with respect to such Services. Each Work Order will set forth a specific Scope of Services, amount of compensation, deliverables and completion date, and shall be subject to the approval of the City Manager or City Council as provided for in the CITY S Code of Ordinances. CONSULTANT shall perform no work until a work order is issued and executed by the CITY and CONSULTANT. It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by the CITY and that the CITY does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. ARTICLE 3 - COMPENSATION 3.1 The CITY shall pay CONSULTANT in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. 3.2 Compensation and the manner of payment of such compensation by the CITY for Services rendered hereunder for Tasks1 7 by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT agrees to furnish to the CITY, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any CITY authorized travel expenses, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by the CITY. All such statements shall be on 36

39 CONSULTANT S invoice and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Task Number. The City s payment terms are net The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap, or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Attachment B which is attached hereto, for the time reasonably expended by CONSULTANT S personnel in performing the Services. The hourly rates in the Rate Schedule for all services provided under the agreement shall remain firm for the duration of the agreement. 3.4 In the event of a unique circumstance that the City requires an expense to be reimbursed related to the Work Order, other than travel, CITY will direct CONSULTANT to include such item on the Work Order at its direct cost with no markup; to the extent such reimbursement is permitted and identified in the Work Order, including the use of a subconsultant. Only completed work delineated in the Work Order shall be reimbursed by the CITY, and absent such prior approval, no additional expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 3.5 Payments as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT S itemized invoice approved by CITY. 3.6 The CITY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents applicable to Consultant s performance of the work as related to the project. This list is not deemed to be all-inclusive, and the CITY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The CITY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related or may seek to terminate the agreement pursuant to Article 10. ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Consultant, under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re-perform services which fail to satisfy the foregoing standard of care. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Palm Beach County, Florida. CITY S approval of any design documents in no way relieves CONSULTANT of its obligation to successfully complete the Services required under the subject Work Order. ARTICLE 5 INDEMNIFICATION CONSULTANT shall indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONSULTANT and persons employed or utilized by CONSULTANT in the performance of this agreement, including, but not limited to, subconsultants, subcontractors, and agents. Any costs and expenses, including attorney s fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the CONSULTANT. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. The CONSULTANT shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7 - COMPLIANCE WITH LAWS 37

40 In performance of the Services, CONSULTANT will comply with applicable regulatory and other applicable requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The CONSULTANT shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all its employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. This coverage shall also be maintained by all subcontractors to CONSULTANT. The CONSULTANT agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification by written notice to the Purchasing Division by Fax to COMMERCIAL GENERAL LIABILITY The CONSULTANT shall procure and maintain, for the life of this Contract/Agreement, Commercial General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability with no more than a $10,000 deductible. The City of Boca Raton must be named as an additional insured with an endorsement. The CONSULTANT agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification by written notice to the Purchasing Division by Fax to BUSINESS AUTOMOBILE LIABILITY The CONSULTANT shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. In the event that the CONSULTANT does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONSULTANT indicating the following: does not own any vehicles. "Name of Consultant" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Name of Consultant" Comprehensive Form coverage as of the date of acquisition. CONSULTANT s Signature: The CONSULTANT agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification by written notice to the Purchasing Division by Fax to PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The CONSULTANT shall procure and maintain, for the life of this Contract/Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence, mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a "Claims Made" basis and kept for 2 years after completion. 38

41 The minimum limits of coverage shall be $1,000,000 per claim with a deductible of no more than $10,000 or $3,000,000 per claim with a deductible of no more than $25,000 The CONSULTANT agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification by written notice to the Purchasing Division by Fax to SUPPLEMENTAL PROVISIONS The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non renewal, material change, modification or lapse of coverage, Contractor shall notify the City within (5) business days with written notice of such to the Purchasing Division by fax to All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the City Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Project Manager, unless notified otherwise. SUBCONTRACTOR S INSURANCE The CONSULTANT shall require each of his subcontractors to meet and maintain the same insurance requirements that are required of the CONSULTANT, except to the extent such insurance requirements for the subconsultant are expressly waived or amended in writing by the City s Risk Manager. Each subcontractor shall furnish to the successful CONSULTANT two copies of the Certificate of Insurance, and successful CONSULTANT shall furnish one copy of the Certificate to the City of Boca Raton. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10 - TERMINATION OF AGREEMENT The obligation to continue services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY s convenience upon fourteen (14) days written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY s convenience, the CITY shall pay CONSULTANT for all services performed through the date of notice of termination or suspension. Upon termination and as directed by the CITY, the CONSULTANT shall deliver to the CITY all original papers, records, documents, drawings, and other material set forth and described in this Agreement, including those described in Article 19, that are in CONSULTANT S possession or under its control arising out of or relating to this Agreement or any Work Orders and shall become the property of the CITY per Article 19. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by the CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of the CITY or in response to legal process. ARTICLE 12 UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of God and governmental actions. 39

42 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW / VENUE / WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction Political Campaigns During the term of this Agreement, the CONSULTANT or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign Conflict of Interest Neither CONSULTANT nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONSULTANT s loyal and conscientious exercise of judgment related to its performance under this Agreement Project Manager in Charge and Project Team The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the Information Technology Director. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the Information Technology Director. CONSULTANT agrees that the Lead Project Manager in Charge and Project team shall not be removed by CONSULTANT without CITY S prior written approval, and if so removed, must be immediately replaced with a person acceptable to CITY. Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order. CONSULTANT shall also identify in that Schedule each sub-consultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, sub-consultants and subcontractors identified in the Schedule shall not be removed or replaced without the prior written consent of the Information Technology Director. 40

43 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from CITY, to promptly remove and replace the Project Manager in Charge or any Project Team member, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform any of the Services pursuant to the requirements of this Agreement or any applicable Work Order. Said request made by CITY may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to CITY, by obtaining written approval from the Information Technology Director. No provision of this Agreement shall, however, be construed as constituting an agreement between the CITY and any such other person or firm, nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the CITY beyond such as may then otherwise exist without regard to this Agreement. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a final, complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and CONSULTANT. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment, sale, pledge or conveyance of this contract by CONSULTANT must be previously approved in writing by the CITY, whose consent may be reasonably withheld. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - Article Not Used ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. Upon the completion or termination of each Work Order, as directed by CITY, CONSULTANT shall deliver to CITY copies or originals of all records, documents, drawings, notes, files, specifications, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). CITY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to CITY the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement, Consultant shall retain sole ownership to its pre-existing information. CONSULTANT hereby grants to CITY a nonexclusive, irrevocable license in all of the Project Documents for CITY S use with respect to the applicable authorized project or task. Any services for verification or adaptation performed by the CONSULTANT may entitle the CONSULTANT to further compensation as identified in the Work Order. CONSULTANT warrants to CITY that it has full right and authority to grant this license to CITY. Further, CONSULTANT consents to CITY S use of the Project Documents to complete the subject project or task following CONSULTANT S termination for any reason or to perform additions to, corrections or enhancing subject project or task. CONSULTANT also acknowledges CITY may be making Project Documents available for review and information to various third parties and hereby consents to such use by CITY. 41

44 Unless otherwise agreed in writing, (i) all Products and Deliverables under the Contract shall belong exclusively to the CITY; (ii) all work performed under this agreement shall be considered Made For Hire for copyright purposes; and (iii) prior to starting Task 1 and accepting a Work Order, the CONSULTANT will advise the CITY of any third party interests or restrictions affecting the Products or Deliverables under the Contract. ARTICLE 20 MAINTENANCE OF RECORDS CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. CITY, or any duly authorized agents or representatives of CITY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. The records specified above include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of CITY, or as specified in the Work Order, CONSULTANT shall furnish to CITY any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT S incurrence and/or payment of any reimbursable expenses. ARTICLE 21 PUBLIC ENTITY CRIMES By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by CITY of and is in compliance with the terms of Section (2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Boca Raton Attention: As to CONSULTANT: Attention: Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 42

45 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 23 USE OF SUBCONSULTANTS OR SUBCONTRACTORS CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. CONSULTANT acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. 43

46 IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing be adopted, has caused these presents to be signed by the Mayor, and it's seal to be hereunto affixed, and has executed this contract, all as of the day and year first above written. CITY OF BOCA RATON Attest: City Clerk Date: By: Name: Susan Haynie Title: Mayor Approved as to Form and Legal Sufficiency: By: City Attorney Attest: Date: Corporate Secretary By: Signature (Affirm Corporate Seal) (Seal) Name: Title: President (or other duly authorized Officer) (Attach Resolution/Bylaw of authorization if no President) Approved by City Council on, 20, Item # 44

47 Insert ATTACHMENT A SCOPE OF SERVICES Work Orders Each proposed work order shall be approved as a work order by resolution of the City Council prior to commencement of the work, unless the total cost of the work order is below the purchasing threshold set by CITY governing policies. Each work order shall define the tasks by category. Each work order shall identify the total cost of Services to be provided, either at an hourly rate with a not to exceed total amount, or with a lump sum amount, or a combination thereof. For any task in a Work Order identified as payable on a lump sum basis, the term "lump sum" shall mean that all services and related deliverables described in such task shall be completed/performed by Consultant in full to the satisfaction of the City as detailed in this Work Order and the Agreement for Professional Services between Consultant and the City, notwithstanding whether the time expended or materials utilized by the Consultant to perform such services or to provide such deliverables will exceed the estimated or anticipated time/materials. Accordingly, no payment for such tasks (or time/materials) in excess of the lump sum amount will be due and payable by the City to the Consultant for such services and deliverables, and any error in estimation (and any insufficiency as a result thereof) shall not relieve the Consultant of Consultant's obligation to complete/perform the lump sum tasks identified in the Work Order. The following is a general description of services that may be requested of the CONSULTANT: xxxxxx Insert ATTACHMENT B Fee Schedule 45

48 EXHIBIT A SUMMARY OF CITY SOFTWARE PROVIDERS Application Vendor 1 Accounts Receivable Sungard H.T.E., Inc. 2 Budget System McLain Decision Support 3 Capital Improvement Projects In House.NET 4 Building Permits Sungard H.T.E., Inc. 5 CAD Computer Aided Dispatch Sungard OSSI 6 Cash Receipts Sungard H.T.E., Inc. 7 Code Enforcement Sungard H.T.E., Inc. 8 Customer Information System(Utility Billing) Sungard H.T.E., Inc. 9 Agenda Document Management Xerox, Inc. Docutech 10 Extended Reporting Sungard H.T.E., Inc. 11 False Alarm Billing Public Safety Corp., Crywolf 12 Fax Software AS/400 & Windows Quadrant 13 Fixed Assets Sungard H.T.E., Inc. 14 Fleet Management (M.C.M.S.) Sungard Public Safety 15 Forms Generator Optio 16 Laser Check Printing Optio 17 Global Financials Sungard H.T.E., Inc. 18 GMBA Financials Sungard H.T.E., Inc. 19 Human Resource/Payroll Infor Infinium 20 G.I.S. Mapping ESRI, ArchInfo, ArchView 21 Land Management Sungard H.T.E., Inc. 22 Library Software-LS2000 Innovative Interfaces 23 Occupational Licenses Sungard H.T.E., Inc. 24 Office Management Microsoft Office Suite 25 Parking Tickets Sungard H.T.E., Inc. 26 Pension Management Software In house development 27 Planning & Zoning Sungard H.T.E., Inc. 28 Public Safety: RMS, EMS, CAD Sungard OSSI 29 Purchasing Sungard H.T.E., Inc. 30 City Clerk Records Management In house.net 31 Recreation Services: Golf Tee Time Software Chelsea 32 Point Of Sales Golf Chelsea 33 Report Writers: Cognos, Inc. 34 Crystal Reports 35 Microsoft Access 36 AS/400 Query 37 Time & Attendance Kronos 38 Voice Response Unit (inspection scheduling) Selectron/Sungard H.T.E., Inc. 39 Work Order/Facility Maintenance Sungard Public Sector 40 Recreation Scheduling/Tracking Software Vermont Systems, RecTrac 41 Recreation Web registration Vermont Systems, Webtrac 42 Document Management Laserfiche (support MCCI) 43 Cemetary Software Pontem 44 Fire EMS & NFIRS Documed 45 Procurement Card processing Sungard H.T.E., Inc. 46 Crime & Fire Analysis software Omega Group Crimeview/Fireview 47 Crime Analysis Software I2, Inc. 48 CAFR Reporting Software GoFund 49 Sales Tax Software Trustfile 50 Unemployment Tax Software Trustfile 51 Staff Training Tracking Software Compliance Suite 52 Building Permit Applicant Tracking R&S Integrated 53 BP Customer Sign Program In house developed.net 54 Facility Security Sign In In house developed VB6 55 Employment application & Requistion Neogov 46

49 56 Opac employee recruitment testing Biddle Criticall 57 Policy document tracking PowerDMS 58 Building Plan Review Avolve, Projectdox 59 Streaming Council Meeting Granicus 60 Electronic Purchasing Bid Software Ion Wave Technologies 61 FTP management software (iseries) NuBridges 62 Automated 911-CAD question software Priority Dispatch 63 Barcoding Software Quatred Solutions 64 Helpdesk Numara Trackit 65 Document/policy publishing PowerDMS 66 Desktop Authority ProSys Information Systems 67 Backup software (network) Syncsort, Inc. & Backup Exec 68 Fuel Tracking Software EJ Ward, Inc 69 Travel Request and tracking software In house developed.net 70 Employee Status Form software In house developed.net 71 Facility Access Software Pegasus, Johnson Controls 72 Online payment services for Financials (CX,PT,BP,BL,MR) 73 Riskmaster Risk Management software 74 Maximo Asset Management & PM IBM 75 Wireless Mesh Aware Digital 76 Video management software Vidsys 77 Archiving Software Quest 78 Parking Management T2 Systems Click2gov, Sungard Public Sector 47

50 EXHIBIT B - SAMPLE OF DETAILED PROJECT PLAN AND COST SCHEDULE FOR TASK 1 Labor Classification and Hourly Rates Item Task Description Project Manager Personnel X Personnel X Personnel X Total Labor Travel Expense $ /hr $ /hr $ /hr $ /hr 1 Kick Of Meeting 2 Hours Hours 1 Hours 1 Hours 2 days, onsite, $ Total Task 1 (Gap Analysis) $ $ Grand Total $ Project Schedule: Include a Gantt Chart or other similar timeline progression of tasks to reach completion for Task 1 48