request for proposal - city of des moines · the proposal format and order listed below may result...

City of Des Moines, Iowa

REQUEST FOR PROPOSAL (RFP)

for

Enterprise Resource Planning System

RFP#: V11-068

RFP Published: May 4th, 2011

Pre-Proposal Conference: May 24th, 2011 Proposals Due: July 7th, 2011 at 11:00am (CDT)

City of Des Moines, IOWA

RFP Number: V11-068 Return By: July 7th, 2011

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1. INSTRUCTION TO PROPOSERS .......................................................................4 1.1 PROPOSAL DELIVERY ................................................................................ 4 1.2 CITY POINT OF CONTACT FOR RFP .............................................................. 4 1.3 LOCATION OF RFP DOCUMENTS ................................................................. 4 1.4 SUBMISSION OF PROPOSAL ....................................................................... 4 1.5 SCHEDULE OF EVENTS – 3 TIER EVALUATION PROCESS ................................ 5 1.6 PROPOSED CONTRACT .............................................................................. 6

2. FORMAT AND ORDER ......................................................................................7 2.1 GENERAL INSTRUCTIONS .......................................................................... 7 2.2 TECHNICAL PROPOSAL (CONTENT AND ORDER) ........................................... 8 2.3 PRICE PROPOSAL (CONTENT) ..................................................................... 9

3. SCOPE OF PRODUCT AND SERVICES ...............................................................11 3.1 INTRODUCTION........................................................................................ 11 3.2 SCOPE .................................................................................................... 11 3.3 PRODUCTS AND SERVICES (detail REQUIRED in all proposals) ........................ 13

4. EVALUATION AND SELECTION PROCESS ........................................................23 4.1 INTRODUCTION........................................................................................ 23 4.2 ADMINSTRATIVE REVIEW .......................................................................... 23 4.3 EVALUATION CRITERIA ............................................................................. 23 4.4 WEIGHTING OF PRICE ............................................................................... 24 4.5 TIER 1: Proposal EVALUATION .................................................................... 24 4.6 TIER 2: ORAL PRESENTATIONS AND PRODUCT DEMONSTRATIONS.................. 24 4.7 TIER 3: BEST-AND-FINAL OFFER (BAFO)...................................................... 25 4.8 CONTRACT NEGOTIATIONS ........................................................................ 25

5. ATTACHMENT A: STANDARD PROVISIONS .....................................................26 5.1 PROPOSAL SIGNATURE ............................................................................. 26 5.2 PARTNERSHIP AND/OR JOINT VENTURE PROPOSALS ..................................... 26 5.3 PROPOSER QUESTIONS ............................................................................. 26 5.4 PROPOSER CONFERENCE ........................................................................... 27 5.5 CITY’S RESPONSE TO PROPOSER QUESTIONS .............................................. 27 5.6 COLLUSION PROHIBITED – AFFIDAVIT REQUIRED ......................................... 28 5.7 GRATUITIES PROHIBITED .......................................................................... 28 5.8 PUBLIC DISCLOSURE ................................................................................ 28 5.9 MARKET AVAILABLE EQUIPMENT ONLY ........................................................ 29 5.10 PROPOSER PATENTED, PROPRIETARY AND/OR COPYRIGHTED MATERIAL ......... 29 5.11 PROVIDE EVIDENCE OF ABILITY TO OBTAIN INSURANCE AND/OR BOND .......... 30 5.12 FORMATION OF CONTRACT ........................................................................ 31 5.13 EVALUATION AND SELECTION COMMITTEE .................................................. 32 5.14 APPEAL PROCESS ..................................................................................... 32 5.15 PREPARATION OF PROPOSALS .................................................................... 34 5.16 AMENDMENTS TO THE RFP AND WITHDRAWAL OF PROPOSAL ......................... 34 5.17 EVALUATION FACTORS .............................................................................. 34 5.18 CITY COUNCIL SELECTION OF BEST PROPOSAL ............................................ 35 5.19 CITY COUNCIL CONSIDERATION OF EVALUATION ......................................... 35 5.20 RELEASE OF CLAIMS ................................................................................. 36 5.21 ASSIGNMENT OF CONTRACT ...................................................................... 36 5.22 STATUTES AND RULES .............................................................................. 36

6. ATTACHMENT B: GENERAL TERMS AND CONDITIONS .....................................37 7. ATTACHMENT C: NON-COLLUSION AFFIDAVIT ...............................................39 8. ATTACHMENT D: INSURANCE & INDEMNIFICATION REQUIREMENTS .............40 9. ATTACHMENT E: INSURANCE AFFIDAVIT .......................................................44

POLK COUNTY, IOWA

RFP Number: Return By: V11-068 July 7th, 2011

10. ATTACHEMENT F: SAMPLE PERFORMANCE BOND ...........................................45 11. ATTACHMENT G: PERFORMANCE BOND AFFIDAVIT ........................................48 12. ATTACHMENT H: RFP PROCESS WAIVER FORM ...............................................49



1. INSTRUCTION TO PROPOSERS

1.1 PROPOSAL DELIVERY Proposals must be received in the City of Des Moines, Iowa (hereafter referred to as “The City” or “CDM”) Procurement Office prior to the due date and time. It is the sole responsibility of the proposer to ensure timely delivery of the proposal. Late proposals will not be considered. The time clock in the CDM Procurement Office is the official time of record.

1.2 CITY POINT OF CONTACT FOR RFP The CDM Procurement Administrator, identified below, is the sole point of contact regarding the RFP documents from the date of issuance until selection of the successful proposer:

City of Des Moines, IA - Procurement Office Attn: Michael Valen – Procurement Administrator 400 Robert D. Ray Drive Des Moines, Iowa 50309 Phone: 515-283-4205 Email: [email protected]

1.2.1 RESTRICTION ON COMMUNICATION WITH THE CITY The following provision is intended to ensure a fair and equitable review process so that there is no actual or potential situation where one RFP Proposer secures or attempts to secure an unfair advantage over another RFP Proposer or creates a situation where there is an appearance of impropriety in contacts between the RFP Proposer and City officials. After release of the RFP, no officer, employee, agent or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council or City staff directly or indirectly through others, seek to influence any matters pertaining to RFP#: V11-068 except as herein provided and pursuant to Des Moines Municipal Code section 2-751. All communications relating to this RFP must be directed to the City’s Procurement Administrator named above and must be in writing. Violating this provision may result in a Proposer being disqualified from this procurement process.

1.3 LOCATION OF RFP DOCUMENTS This RFP will be advertised in the Des Moines Register as required by ordinance and may also be downloaded from the City of Des Moines website www.dmgov.org. All addenda and notices related to this procurement will be posted by the City to this location. It is the responsibility of the proposer to monitor this site for notices and addenda.

1.4 SUBMISSION OF PROPOSAL Proposers are required to submit the following complete printed and bound copies of their proposals including all required information and documents described in this RFP. TECHNICAL PROPOSAL

1. ONE (1) original (signed) 2. NINE (9) copies

mailto:[email protected]

http://www.dmgov.org/

CITY OF DES MOINES, IOWA


3. ONE (1) electronic copy on CD PRICE PROPOSAL – MUST BE SEALED SEPERATELY

TWO (2) printed copies ONE (1) electronic copy on CD

NOTE: Please see section 2: “Format and Order” for details regarding packaging of Technical proposals, Pricing proposals, and other required submission documents found in the attachment section of this RFP.

1.5 SCHEDULE OF EVENTS – 3 TIER EVALUATION PROCESS The following dates are set forth for informational and planning purposes; however, the City reserves the right to change the dates.

RFP Schedule 2011 Dates (all CDT) RFP Release Date May 4th Pre-Proposal Conference (see info below) May 24th (1:30pm/Tue) Last day for Submitting Questions May 27th (3:00pm/Fri) Release of Addendum – Answers to Questions June 2nd Technical and Pricing Proposals Due July 7th (11:00am/Thu) Tier 1: Written Evaluation July 7th – August 5th Down Select #1 Announcement: Top (Max) 4 advance August 5th Release of Addendum – Demonstration scripts August 5th Reference Checks August 8th – 19th Tier 2: Presentations and Product Demonstrations August 29th – September 23rd Down Select #2 Announcement: Top (Max) 2 advance September 23rd Release of Addendum – CDM Proposed Contract September 23rd Site Visits September 26th – October 7th Tier 3: Best and Final Offer (BAFO) Max 2 proposers September 26th – October 14th Down Select #3 Announcement: Top (Max) 1 advance October 14th Contract Negotiations: Top 1 proposer October 14th – November 1st City Council Approval November Contract Start and Implementation Planning Immediately following City

Council approval

1.5.1 PRE-PROPOSAL CONFERENCE All proposers are strongly encouraged to attend the non-mandatory pre-proposal conference. The Pre-Proposal Conference will be from 1:30-4:30 p.m. (CDT) on TUESDAY, May 24th, 2011, at the Argonne Amory Building 602 Robert D Ray Drive, Des Moines, Iowa, 50309. Room: Saint Etienne Conference Room (Lower Level). The City will provide a written response in the form of an Addendum for all questions received at the pre-proposal conference as well as a list of potential proposer attendees. Verbal discussions at the pre-proposal conference shall not be considered part of the RFP unless confirmed in writing by the City and incorporated into the aforementioned Addendum.

1.5.2 QUESTION AND ANSWER PERIOD Proposers are invited to submit written questions and requests for clarifications regarding the RFP. The questions and/or requests for clarifications must be in writing and received on or before 3:00 p.m. (CDT), FRIDAY, May 27th, 2011.



Email all submissions in industry standard/readable formats (MS Word, PDF, etc) to the Point of Contact listed in section 1.2. Michael Valen / Email: [email protected] If the questions or requests for clarifications pertain to a specific section of the RFP, the page and section number(s) must be referenced. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the proposer should immediately notify the City Procurement Administrator in writing of such error and request modification or clarification of the RFP document. The City assumes no responsibility for errors or misrepresentations that result from the use of incomplete RFPs and/or failure to obtain all addenda. The City will provide a written response in the form of an Addendum for ALL questions received by the deadline listed above. – See also the Schedule of Events table above for due dates and times.

1.6 PROPOSED CONTRACT During the evaluation process, after down select #2, the advancing proposer(s) will be provided a copy of the City’s proposed contract for review and comment. The basic requirements contained in the proposed contract shall be required in a resulting master agreement. The advancing proposer(s) will be asked to review, comment and return the proposed contract indicating any exceptions as part of the pre-formal contract negotiations process. Detailed instructions for this process will accompany the proposed contract. It is NOT necessary for proposer to submit a copy of your own proposed contract with your proposals.

mailto:[email protected]



2. FORMAT AND ORDER

2.1 GENERAL INSTRUCTIONS The following section outlines the FORMAT AND ORDER upon which the proposals must be organized. It is designed and ordered to facilitate a uniform review process. Failure to adhere to the proposal FORMAT AND ORDER listed below may result in the disqualification of the proposal. Responses must be in sufficient detail to permit a comprehensive understanding and evaluation of the proposed solution, services, proposal and qualifications. The proposal MUST be divided into two separate parts: the technical proposal and the pricing proposal.

1. The technical proposal, including the requirements workbook and all required attachments should be submitted in a single packet. If multiple packets are needed, please label them in the following fashion: 1 of 4, 2 of 4, etc. The packets should be labeled with the following information: City of Des Moines, IA - Procurement Office Attn: Michael Valen – Procurement Administrator 400 Robert D. Ray Drive Des Moines, Iowa 50309 RFP# V11-068: Enterprise Resource Planning System Due Date: July 7th / 11:00am (CDT) Proposer’s name and address

2. The price proposal MUST be submitted and sealed separate from the technical

proposal and be labeled as stated below. RFP# V11-068: Enterprise Resource Planning System Due Date: July 7th / 11:00am (CDT) PRICE PROPOSAL Proposers name and address NOTE: The pricing proposal must clearly separate ALL costs. (e.g. hardware items from software items, etc).

The proposer MUST list all software that will be needed to run in the City’s

environment. If the software is modular, then the individual modules MUST be identified and the list MUST indicate if they are required or are optional modules. The list shall specify at a minimum the name of the software; the version; the platform that the software will run on; if the software is proprietary, open source, or third party and whether the proposer shall support the software.

The proposer shall list all hardware specifications. The list shall specify, at a minimum,

the minimal requirements; the recommended requirements; and the recommended requirements based on the proposed solution.



2.2 TECHNICAL PROPOSAL (CONTENT AND ORDER)

2.2.1 TABLE OF CONTENTS The proposer shall include a table of contents in its proposal.

2.2.2 LETTER OF TRANSMITTAL The response Letter of Transmittal MUST minimally contain and/or state:

1. The name, identification of type of proposer’s legal entity (corporation, limited liability company, etc) contact information, including e-mail address, and address of the proposer, and

2. A statement that the proposer understands and complies with all requirements of this RFP and/or details any exceptions, and

3. Is committed to provide all services and features contained in its proposal, and 4. Must be signed by an officer authorized to obligate the proposer to the proposed products

and services stated.

2.2.3 EXECUTIVE SUMMARY Please include an Executive Summary of the product and services in your proposal, including but not limited to the following information:

1. Statements that demonstrate that the proposer understands the products and services as specified in this RFP.

2. An overview of the proposer plans and ability to provide and successfully implement your proposed ERP system for the City including all related products and services.

3. A demonstration of the proposer’s knowledge of developing, maintaining, installing,

configuring, and customizing its proposed ERP solution, as well as providing training, data conversion, and ongoing support for the product.

2.2.4 TECHNICAL APPROACH SECTION In this section, please provide a detailed description of all products and services as stated (requested) by the City in Section 3 – “Scope of Product and Services” of this RFP. Proposals should be fully responsive to EACH of the stated/requested requirements. Proposals MUST clearly identify any deviations from the stated requirements or requirements that the proposer cannot satisfy. Any deviations from the stated requirements or any other requirements that the proposer cannot satisfy can/will affect the evaluation of the proposal and may disqualify the proposer.

2.2.5 SPECIFIC PROPOSER AND TECHNICAL EXPERIENCE Please provide the following information regarding your experience:

1. Number of years experience with providing the types of products and services specified in this RFP.

2. The level of technical experience in providing the types of products and services specified

in this RFP.



3. All services and other relevant experience similar to those specified in this RFP, that the proposer has provided to other government entities.

2.2.6 FINANCIAL CAPACITY INFORMATION Please submit audited annual financial statements for the last three years. A proposer may also be asked to provide additional financial information upon request.

2.2.7 REQUIRED APPENDIX FILE DOCUMENTS Please fully complete and submit with your proposal all required appendix file documents listed below and contained in this RFP document.

Attachment C: Non-Collusion Affidavit Attachment E: Insurance Affidavit Attachment G: Performance Bond Affidavit Attachment H: RFP Process Waiver Form

2.3 PRICE PROPOSAL (CONTENT) Instructions regarding the price proposal requirements are described and are to be responded to in the Microsoft Excel file named below.

Please see attached file: CDM_RFP#V11-068_PRICING Workbook.xls Instructions for responding to each requirement are provided in the workbook and respective spreadsheets. Your proposal MUST be made in the workbook provided and submitted on ONE (1) CD and THREE (3) hard copies in a separate sealed envelope/packet. Replies received in any other format will not be considered. The proposer should submit a price proposal for each of the milestone payment schedules suggested below. Please note that the City reserves the right to purchase items external to the ERP system, including for example, hardware, operating system software, etc. IMPORTANT: The City is interested in evaluating BOTH self-hosted and ASP-hosted solutions. Proposers are welcome to (encouraged to) submit technical and pricing proposals for either or both hosting scenarios.

2.3.1 PRICING DETAIL The proposer must provide its price proposal in accordance with the specifications provided below for the services specified in Section 4 of this RFP. Pricing proposals must be firm for a period of 120 days from proposal due date unless otherwise specified. Details for completing this workbook follow:

1. Software Product Licenses: Price proposals shall clearly show the cost to license each software product required to meet the Scope of Services of this RFP. Licenses shall be perpetual, with no restrictions on use. The City should have the ability to implement additional ERP modules within the scope of this RFP without incurring additional licensing costs. Any/all third party software products required as part of the proposed solution should also be listed individually/separately, including the type, price and number of licenses required. Please be specific and detailed.

2. Software Maintenance, Support and Updates: Please provide a detailed and itemized list of

costs for the ongoing maintenance, support and updates of your proposed solution including descriptions necessary to further clarify the pricing submitted.



3. Hardware: Please detail/list any/all hardware products required as part of the proposed solution. Include specific modes and configuration details. The City reserves the right to purchase hardware through alternative City approved sources.

4. Estimated Travel Expense/Budget for Implementation Services: Implementation

expense/budget will be discussed during contract negotiations, however the City is interested in an “estimated” expense budget as part of your pricing proposal for a project of this size and scope.

5. Milestone Payments: Any contract resulting from this RFP awarded to the successful

proposer will provide compensation on the basis of a total firm fixed price with payments for implementation services based on completion and approval of required project milestones. A sample list has been provided below – and will be further defined and mutually agreed to during contract negotiations. Milestone payments (less any agreed upon retainage) will be made after review and written approval by the City and after receipt of a valid and approved detailed invoice. The percent retainage will be tendered after final written acceptance by the City and will be distributed in equal portions over the 12 month warranty period. In the event the warranty period is extended, percentage retainage payments will be suspended until the issue causing the warranty period extension is resolved.

SAMPLE - Implementation Milestone for Payment Retainage % of Total Milestone 1: Delivery and installation of product in test environment 0% 0% Milestone 2: Acceptance of configuration and customization 15% 10% Milestone 3: Acceptance of Interfaces 15% 15% Milestone 4: Acceptance of Data Conversion 15% 20% Milestone 5: Development of test plans and certification of system ready for testing 15% 5%

Milestone 6: User Acceptance Testing 15% 10% Milestone 7: Stress and Performance Testing 15% 15% Milestone 8: Movement of system in production for 90 days and conclusion of parallel operations 15% 15%

Milestone 9: Final Acceptance one year after go live 0% 10%

Warranty 0% Retainage

tendered over 12 months



3. SCOPE OF PRODUCT AND SERVICES

3.1 INTRODUCTION The City of Des Moines is requesting proposals from responsible qualified proposers to meet the City’s current and future ERP system needs. A brief description below with detailed requirements in section 3.3 of this RFP: “Products and Services” required of the Proposer. If you are able to meet these requirements, we welcome a proposal. The City is seeking a fully functioning and configurable commercial off-the-shelf (COTS) Enterprise Resource Planning (ERP) system that supports the core business processes of the City and its stakeholders. The system should - at a minimum:

1. Integrate systems, processes, and information across City departments 2. Automate and streamline business processes across City departments 3. Improve business efficiency with progressive ERP functions such as budget forecasting,

employee self-service, and dashboard reporting 4. Provide quick, easy, and accurate access to information 5. Support current and future City business needs 6. Maintain a modern and updated system that does not become obsolete 7. Ability to readily access, modify, and request information and services 8. Leverage e-Gov applications to improve business and transparency with constituents

Upon completion of the RFP process, if your proposal is accepted by the City Council, you will be expected to enter into a binding contract with the City. This project has been approved and budgeted for by the City of Des Moines.

3.1.1 BACKGROUND The current environment is fairly labor intensive as many manual processes are required. The current ERP system encompasses several separate systems, which the City would like to integrate into a single solution to improve efficiencies and workflow processes. These systems have been developed over the years to address needed additional features & functions lacking in the current PeopleSoft system, changes in city and state law/policy, improved reporting, and reduce data integrity concerns. Paper processing comprises a large component of the current system and the City would like to automate these processes in a new comprehensive system and utilize online/web capabilities where applicable. The City has spent considerable time documenting its current state processes for the benefit of this RFP process. A copy of the City’s CURRENT STATE WORKFLOW MAPS has been included. Please see attached file: CDM_RFP#V11-068_Current State Workflow Maps.pdf Current version(s) of PeopleSoft in production at the City include:

HRMS v8.30.01 / PeopleTools v8.22.19 Financials/SCM v8.40.01 / PeopleTools v8.48.16

3.2 SCOPE A fully functioning (COTS) ERP system that integrates the City’s core financial, accounting, purchasing, human resource, and payroll processes across City departments that will provide the City with the necessary solution to meet the current and growing demand for City ERP



information and services. The in-scope City departments will include but not be limited to the following:

In-Scope Departments 1. City Clerk 2. City Manager’s Office 3. Community Development 4. Engineering 5. Finance 6. Fire 7. Housing Services 8. Human Resources 9. Human Rights 10. Information Technology 11. Legal 12. Library 13. Parks & Recreation 14.Police 15. Public Works 16. The system must also support the Des Moines Metropolitan

Wastewater Reclamation Authority (WRA), for which the City is the operating contractor, and the Des Moines Airport Authority.

The current system encompasses approximately 300 HRMS users and 180 Financials users with the intent that a new, more comprehensive system would include more potential users. The table below outlines the CORE Finance and Human Resource ERP functions in play for this system procurement.

Financial Management Human Resource Management • General Ledger • Budget Prep, Admin and Control • Financial Reporting • Accounts Payable • Accounts Receivable • Cash Receipting • Procurement

l Projects • Project Accounting & Capita• Cost Recovery Accounting • Grant Mgmt & Accounting

vestment Mgmt

• Purchasing • Fixed & Capital Assets • Banking & In• Debt Admin • Special Assessments • Treasury Management

• Personnel Admin • Payroll • Benefits Admin • Recruitment & Applicant Tracking • Time and Labor • Position Mgmt • Travel Expense • Employee Self-Service

Several key “Additional Functionality” areas/systems have also been listed below as reference

terfacing with as part of this project. that the City is interested in in

Facilities Management Fleet/Fuel Management Work Orders



Enterprise Asset Maintenance

Inspections & Permitting Customer Relationship Management (CRM)

D IN ALL PROPOSALS)

e major components of the new City ERP system should include but will not be limited to the

of the City’s primary ERP business processes.

face Design section of this RFP document.

em usable independently by various areas within the City, including the izations (i.e. the

eneration and correspondence tracking system.

rtain, identified and all applicable legacy data

to perform all functions needed to support

ed, configured, and

ation, operational documentation, and end-user documentation. Continued development, maintenance and support of the ERP solution for the length of the

contract.

equirements regarding the ERP system’s functionality and service level requirements are describ

Inventory Management

3.3 PRODUCTS AND SERVICES (DETAIL REQUIRE

3.3.1 MAJOR ERP SYSTEM COMPONENTS (REQUIRED) Thfollowing list of items. As part of your response please comment on each item listed below:

An n-tier, generally accepted accounting principles (GAAP) compliant, rules-based, online real time systems that supports all

The ability to scale to a minimum of 200% of the data and transaction volumes anticipated at the time of implementation.

The ability to track and maintain standard service levels. To be determined and agreed upon during contract negotiations.

The ability to integrate and/or interface with the current City systems AND technology standards as described above and in the “Inter

The ability to enhance the capability for communicating with City customers including, data capture capability, internet services and etc.

A flexible ERP systHuman Resource, Finance, Engineering, Public Safety, IT, external organState) and others.

Comprehensive workflow routing, monitoring and management capabilities. A correspondence and noticing g Powerful, flexible query and reporting capabilities for creation of standard reports

and periodic ad hoc reports. The services necessary to specify the hardware and related software to support the City’s

chosen ERP system solution at negotiated service levels. The services necessary to install, configure, and customize if necessary, the chosen ERP

system to conform to the business rules and requirements of the City. The services necessary to convert and import ce

to the chosen ERP system to enable City staff and stakeholders to conduct daily business without the need to refer to the legacy system.

The services necessary to train users (at varying usage need and levels) of the system using an approach that is most cost effective and successful for the City.

The services necessary to train City technical staff the ERP system once the proposer’s technical staff has completed the installation, configuration, and customization described above.

The services necessary to completely document the ERP system as installcustomized for the City including business rule documentation, technical support document

3.3.2 FUNCTIONAL REQUIREMENTS R

ed herein and are to be responded to in the Microsoft Excel file named below.

Please see attached file: CDM_RFP#V11-068_REQUIREMENTS Workbook.xls



Instructions for responding to each requirement are provided in the workbook. Your response

UST be made in this workbook and an electronic copy of the workbook must be included with your response to the RFP. Replies received in any other format will not be considered.

rmation regarding your process and approach to the maintenance

ot limited to; upgrades, revisions, patches and

ting process prior to upgrade or patch release.

5. A responsibility matrix (based on your submitted pricing for this area) highlighting typical roles and responsibilities for both the City and Proposer. (i.e. Who does what?)

e, support and atches. The warranty for the system software shall include repair or replacement of any listed

he City is requiring a minimum 12 month (1 year) warranty to remain in effect following acknowledgement and acceptance (UAT testing) of the system at the Go Live date.

our systems reporting capabilities. Detail should include but not be limited to options, print scheduling, filtering, sorting and grouping the following

4. Query Reporting

of ALL the standard reports vailable in your proposed solution. This list and sample reports should be provided in a

ample reports may be provided in hard copy with your submission but an electronic copy (CD) in PDF or any commonly readable format is required

M

3.3.3 SUPPORT AND MAINTENANCE Please provide DETAILED infoand support of your proposed solution – whether client hosted, ASP hosted or both are proposed. Including but n

1. Your process for applying routine (and/or non-routine)fixes.

2. Your tes3. Your back out (regression) planning and process if problems arise with a given upgrade or

patch. 4. Your communication approach and process by which patches, updates and maintenance

are conducted.

3.3.4 WARRANTY The proposer MUST supply information and explain the warranty of all maintenancpproduct where a defect is discovered and made known to the proposer in writing. T

3.3.5 REPORTING CAPABILITIES Please describe yreport creation, printing types of reports:

1. Standard Reports2. Ad-hoc Reports 3. Custom Reports

5. Online Inquiry Reporting Please include as part of your proposal a list AND report sample(s) adocument named: Firm Name-Solution Name-Standard Reports S

as part of your submission.

top PCs through the database and its host. This inventory ust match the/any inventory items provided in the pricing workbook. The proposer need not

3.3.6 SYSTEM ARCHITECTURE DESIGN AND CONFIGURATION Please provide a DETAILED design and inventory of the infrastructure required to meet the needs and service levels of this RFP, from deskmdesign beyond the network interfaces.



Proposer must state the maximum number of CONCURRENT users and TOTAL users the system

Please include an explanation and/or recommendation(s) of any infrastructure y standards listed below.

3.3.6.1 P STANDARDS and/or HP 5800

s XP

HARD DRIVE: 160 GB (refresh) policy is a five (5) year cycle.

3.3.6.2 S P 6730

s XP

RAM: 2 GB

3.3.6.3 VER STANDARD

008 R2 , 2 Quad Core Intel Xeon Processors X5560

RAM: 4x16 GB

3.3.6.4 3570 switches, MPLS routed network with

minimum 1 GB to each location, 100 MB to the desktop. Also includes Cisco WCS

3.3.6.5

connected location. At a minimum server virtualization using VMware must be supported, all servers are being created in a virtual environment

3.3.6.6 Mobile devices currently are laptops using VPN or RAdmin but may move to virtual

3.3.6.7 08 R2 or SQL Server Reporting Services (SSRS): 2008

r: 64 Bit IIS 7.0 or (No ISAPI)

Server OS: 64 Bit 2008

will support.

variances from the current City technolog

CURRENT DESKTOTYPE: Dell OptiPlex 380O/S: WindowPROCESSOR: 2.6 GHZ RAM: 2 GB

NOTE: Current City replacement

CURRENT LAPTOP STANDARDTYPE: Dell 5510 and/or HO/S: WindowPROCESSOR: 2.26 GHZ

HARD DRIVE: 160 GB

CURRENT “TYPICAL” SERTYPE: HP DL380 G6 O/S: Windows 2PROCESSOR: 2.80 GHZ

HARD DRIVE: Multiple

CURRENT NETWORK STANDARDS Cisco 6509 core routers with Cisco 3560/

wireless controllers for 200+ access points.

CURRENT VIRTUAL NETWORK ENVIRONMENT The City is moving to a hosted or cloud computing environment so this is preferred in order to allow access from any

on Host servers using VMware.

CURRENT MOBILE DEVICE STANDARDS

desktop.

CURRENT APPLICATION PLATFORM STANDARDS SQL Server Database Engine: 20R2 or Web/Application Serve.NET: Framework 4.0 Visual Studio (TFS): 2010

Server HBA connections to HP SAN (in some cases)



All external traffic (example: online bill payment) must go through HTTPS. Application should eet 508 Compliant (DOJ requirements for reasonable accommodation) for use by employees

who might have hearing, sight, mobility impairments.

lease describe IN DETAIL your approach to managing AND ensuring the success of the data ld minimally include:

nned,

earned) converting data from legacy systems, ata map,

d, 9. a sample implementation plan – similar in size and scope this project - including all tasks

mated amount of data subject to conversion. Specific values and ctual number years of history to be converted are subject to discussion during BAFO and

co gotiations.

m

3.3.7 DATA CONVERSION AND SYSTEM IMPLEMENTATION Pconversion and implementation process. The description shou

1. the number of iterations of data conversion pla2. your approach to data cleansing and testing, 3. how control totals are created and managed, 4. typical client staff effort (for resource planning purposes) 5. specific client experiences (lessons l6. a discussion of how business rules are developed in the creation of the d7. how discrepancies are reconciled, 8. how any exclusions of data to be converted are identified and handle

and activities necessary to fully implement your proposed solution. The table below details the estia

ntract ne

Data Amount of Data to be Converted Years of History

Records General Ledger Chart Fields 3,000 Chart of Accounts General Ledger 1,090,000 7 Years GL Journal Detail (Actuals) 3,500,000 7 Years Budget Detail 210,000 7 Years Vendor Records (Total Active) 33,000 Control table Vendor Records (Activity in Past 3 Years) able 10,900 Control tPurchase Orders 1,600 Est. of outstanding PO's AP Voucher Activity 0 1,950,00 7 Years Invoices 1,400 Est. of outstanding invoices Invoice History 53,000 7 Years Customer Records 5,050 Control table Projects / Grants 2,250 Control table Project/Grant Activity 00 2,330,0 7 Years Fixed Assets 7,000 Control table Employees - Active 1,930 Control table Employees - Terminated 5,100 Control table Codes Job codes 910 Control table Positions 2,750 Control table Earnings codes 130 Control table Deduction codes 120 Control table Time Reporting Codes 220 Control table



ng;

3. How modifications are integrated into the existing software base and what impact this may the future maintenance of the software.

ation. Include any differences in

A table of the most common and current City interface systems are listed below.

3.3.8 MODIFICATION DESIGN Please describe in DETAIL the development process and approach taken when design modifications – BOTH custom and configurable - are required. Detail should include but not be limited to the followi

1. How custom and/or configurable modifications are identified, managed, developed, tested and approved.

2. Sample design documents that the client will use to determine a fit with business requirements.

(or may not) have on

3.3.9 INTERFACE DESIGN Describe in DETAIL your process, approach and management of interface design. Describe in detail how you will create and manage any temporary and permanent interfaces between the new system and the legacy ERP system(s) during system implementthis approach if client hosted vs. an ASP hosted solution. Please also specify any additional hardware tools you may (or typically) need for interface design.



3.3.9.1 ERP INTERFACE SYSTEMS TABLE Below is a list and brief description of the major associated systems that a/the selected ERP system will need to interface with at the City today. Application Primary

Dept(s) Description Interface Data Points Nature of

Interface Interface Frequency File Format

Inspections & Permitting [Tidemark (Accela)]

Community Development Dept

Managing the issuance of permits and licenses, code enforcement and related revenue collection.

AR; Cash Receipts; Business intelligence metrics. Bi-directional Once a day

SQL Server Integration Services (SSIS) & CSV

Facilities Management [Infor (7i) EAM]

Waste Water Reclamation Authority

Work order, asset management application

Procurement; Workflow approval; AP; Employee scheduling; Labor Distribution; Business intelligence metrics.

Bi-directional Once a day

SQL reports to Excel

Housing Systems (Emphasys)

Housing Services Dept

Public housing management application

AR; Cash Receipts; Fixed asset accounting. One way TO

ERP Once a day The Dataflex system - Crystal to Excel

Recruitment & Applicant Tracking (NeoGov)

HR Recruitment and applicant tracking application

Employee / position data. Bi-directional Once a day

CSV

Fleet Management [RTA (Ron Turley & Assoc)]

Fleet Services Fleet services management application

Vehicle maintenance and repair costs; Labor distribution; Business intelligence metrics.

One way TO ERP Weekly

Text, CSV, Excel or flat file

Fuel Management (EJ Ward)

Fleet Services Fuel management application

General Ledger; Project Cost; Labor Distribution; Business intelligence metrics.


Excel

Project Management [GBA-Master Series (George Butler Associates)]

Public Works Dept

Work order, asset management application

General Ledger; Project Cost; Labor Distribution; Business intelligence metrics.

One way TO ERP Once a day


CRM (Front Range HEAT)

IT Dept Management of customer and citizen service requests

AR; Cash Receipts; Procurement; Inventory; Business intelligence metrics.


Crystal or SQL reports to Excel



Application Primary Dept(s)

Description Interface Data Points Nature of Interface

Interface Frequency File Format

Fire Information System (Firehouse)

Fire Dept Records management system for fire department related activities.

Billing; Permitting; Procurement; Inventory; Business intelligence metrics; Employee scheduling; Labor Distribution.


ASCII, Visual Fox Pro, dBase, Lotus, Excel & HTML

Cashiering Systems (Comm 2000)

Finance Dept Point of sale cash registers at various sites throughout the city.

Cash Receipts One way TO ERP Once a day


GIS [ArcGIS (ESRI)] IT Dept GIS Location data (e.g. city facilities)


ESRI GeoDatabase



3.3.10 PROJECT MANAGEMENT AND QUALITY ASSURANCE Please describe In DETAIL your project management and quality assurance methodology and approach employed during the installation, configuration, implementation, customization and testing of your proposed ERP solution – whether client hosted or ASP hosted. Include in your description your approach for the creation and ongoing management of all project documentation, requirements workbook traceability, testing, and bug reporting and tracking. The proposal shall also include a discussion of the proposer’s approach to recovery, security, performance and stress load testing. Additionally, detailed below are several other KEY project management areas the City would like detail included in your proposal.

3.3.10.1 REQUIRED KEY PROJECT MANAGEMENT PLANS Each proposer MUST have and include detail in your proposal, demonstrated project management resources, skills, process, methods and proven REFERENCE-ABLE history in successfully implementing ERP solutions and all related products similar in size, scope and complexity to the City as described in this RFP. Please provide the management approach you employ for the following KEY project management areas: 1. Communication Plan: The proposer must facilitate and ensure thorough communication

between all levels of project participants and stakeholders throughout all phases of the project. Please provide a description of your communication approach/process – including a sample communication plan for review.

2. Business Process Change Management: The City has invested considerable time in the documentation of “existing” business processes and workflows, which are detailed in this document. However, the City understands that it should try and maximize the use of native proposer system functionality so that the need to create custom solutions is minimized. Each proposer should provide a detailed description of its business process change management strategies including descriptions of successes, failures and lessons learned it has encountered in the past with similar sized ERP engagements involving business process change.

3. System Training: Please describe in detail your typical training approach and plan for a project (City) of this size, scope and complexity for BOTH city staff (business units) and technical training (IT). Please include any/all onsite, offsite, CBT, instructor led, teach the teacher type training options you employ and which you recommend for this City project – and why. Include any lessons learned.

4. Project Change Management Requests: Please describe and include sample documentation of your change management process, including your process for requesting, approving, and canceling change requests. In addition, please explain how you perform source code management and how changes will be incorporated into further versions of software that the City may acquire.

5. Risk Management: Please describe and include sample documentation of your risk management process, including how you manage identification of and tracking of risks, your



detailed risk mitigation strategies, issue tracking, and status reporting.

6. Defect Tracking: Please describe IN DETAIL your defect tracking process both locally during implementation as well as corporately for your product as a whole. Include such specifics as:

1. How are defects identified, managed and tracked? 2. What role will the City play in identifying defects? 3. How quickly are defects fixed?

3.3.11 TIME LINE - MILESTONES AND DELIVERABLES Please provide an estimated timeline for implementation of your solution. Include as part of your timeline estimate the following anticipated milestones:

Installation of hardware, ERP software and related products during implementation Configuration and customization of software to meet the City requirements Data conversion(s) Report development (ad-hoc, custom, standard, etc) Interface development and acceptance Development of test plans and certification of system ready for testing User acceptance testing (UAT) Stress and performance testing Training Go Live Final production acceptance – 1 year after go-live

3.3.12 PROPOSER PERSONNEL / STAFFING / RESOURCE SPECS Please provide brief yet thorough resumes (or bios) for all KEY personnel, including the project manager (PM) and all lead subject matter experts (SMEs) you propose to assign to this project. Resumes shall include full name, education background, total years of ERP experience, total years with your firm and specific public sector work experience as it relates to the size, scope and complexity of this City project. Proposer should also provide an anticipated inventory of your staff needed by functional role and the numbers of each. Please be specific. For example:

Functional Role # of Staff % of time Project Manager 1 100% Lead Business Analyst 1 60% Business Analyst II 2 40% Lead Data Conversion Analyst 1 60% Data Conversion Analyst II 2 40% Data Base Administrator 1 75%

Please include or remark if any resources are sub-contracted and if so, details regarding the subcontracting company and your business agreement with said subcontractor. NOTE: The City reserves the right to interview and approve the placement and/or replacement of any project staff members of the successful proposer.



3.3.13 CITY PERSONNEL / STAFFING / RESOURCE SPECS Please consider in your staffing / resource estimations that the City has established an implementation team consisting of personnel from all major functional areas of the ERP process, as well as significant involvement from IT. As part of your response, please include:

1. an estimate of the number of resources and type of skill sets - both business and technical – you will require from the City to ensure a successful implementation, including estimated time commitments for each City resource.

2. an estimate of the number of resources and type of skill sets - both business and technical – you will require from the City to ensure successful ongoing support, including estimated time commitments for each City resource.

3.3.14 REFERENCES The City reserves the right to contact any reference to assist in the evaluation of the proposal, to verify information contained in the proposal and to discuss the proposer’s qualifications and the qualifications of any subcontractor identified in the proposal. Please provide THREE (3) RECENT PUBLIC SECTOR references where you have successfully installed the ERP system and all related products being proposed in production environments of similar or larger size and scope to the City’s. You must include:

1. entity name and address, 2. contact name(s) with verified phones numbers AND email addresses, 3. the start and actual completion (Go Live) dates of each project, 4. a description of your role and responsibility in the implementation, 5. the system/product from which the client was transitioning from, 6. lessons learned from the project.

3.3.14.1 INFORMATION FROM OTHER SOURCES The City reserves the right to obtain and consider information from other sources concerning a proposer.



4. EVALUATION AND SELECTION PROCESS

4.1 INTRODUCTION This section describes the evaluation and selection process that will be used to determine which proposal provides the greatest benefit(s) to the City. An Evaluation and Selection Committee comprised of City employees from major functional areas of the ERP system will evaluate and score proposals based on the evaluation criteria below. The evaluation process will consist of three (3) evaluation periods. (1) An evaluation of the Technical Proposal, (2) An oral presentation/product demonstration and (3) A Best and Final Offer (BAFO) phase. ALL proposals and proposers will be treated and evaluated fairly and equally with respect to this RFP evaluation process. The Evaluation and Selection Committee will recommend to the City Council for award the contract to the compliant proposer whose proposal receives the most points in accordance with the evaluation criteria described in this section of this RFP.

4.2 ADMINSTRATIVE REVIEW The City will first examine proposals to determine their conformance with the stated RFP requirements. Any proposals that are deemed to be non-conforming to the stated requirements may be rejected. Proposals that are timely submitted and are not subject to disqualification will be reviewed in accordance with the remainder of this section.

4.3 EVALUATION CRITERIA The evaluation and selection committee will review and evaluate all viable proposals based on the following criteria and associated point system.

Maximum Points Evaluation Elements Summary Descriptions

250 Functional Requirements The Requirements Workbook

150 Technical Approach Software Solution, Reporting Capabilities, Modification and Interface Design, System Architecture, Defect Tracking, etc (sec 3.3)

200 Implementation Approach Data Conversion, PM Process & Quality Assurance, Key PM Plans, Change & Risk Mgmt, Milestones, Staffing, etc (sec 3.3)

190 Qualifications Experience, Industry Reputation/Position, Financial Viability, References, etc (sec 3.3)

10 Local Preference See sec 4.3.1 below

200 Price The Pricing Workbook

1000 TOTAL POINTS



4.3.1 LOCAL PREFERENCE Local Preference is given to businesses with headquarters, or headquarters of its parent or holding company, residing within the corporate limits of the City of Des Moines as required by section 2-705 of the Municipal Code.

4.4 WEIGHTING OF PRICE Price will be a weighed, formula driven scored element. The total number of points awarded for price is 200. FORMULA: (Lowest price proposal / price of proposal being evaluated) x 200 = total price points.

4.5 TIER 1: PROPOSAL EVALUATION The Evaluation and Selection Committee will use the evaluation criteria and point system provided above to evaluate and score each viable WRITTEN proposal. There is a maximum of 800 (non-price) points per proposal. The Evaluation and Selection Committee will score proposals without regard to price. Price will be scored using a weighted formula calculated by the Procurement Administrator only. A maximum of 200 price points are available per proposal. See pricing formula below (section 4.4). These scores will be combined for a maximum of 1000 total points as per the point system provided above (section 4.3). The (max) top four (4) proposers will advance. ALL proposers will be notified at the conclusion of the Tier 1 Evaluation.

4.6 TIER 2: ORAL PRESENTATIONS AND PRODUCT DEMONSTRATIONS During this phase, the (max) FOUR (4) proposers with the highest scoring proposals will be invited to present their qualifications, proposal content and demonstrate the capabilities of their offerings with the Evaluation and Selection Committee. Each proposer at this stage will begin again at 0 points. The oral presentations, product demonstrations along with reference checks will be scored per the above Evaluation Criteria (section 4.3). There is again a maximum possible score of 800 points for this step. Detailed and specific presentation and demo scripts will be provided (in advance) to those advancing proposers to aid in the development of their presentations and product demonstrations. After each invitee has presented, the Evaluation and Selection Committee will again score each proposal without regard to price using the maximum 800 (non-price) points system. Proposers are expected to bring as many from their implementation team and KEY personnel as possible to the oral presentations product demonstrations. Please see section 1.5: Schedule of Events for the tentative timeframe for this step. Price will again be scored using a weighted formula. A maximum of 200 price points are available per proposal. See pricing formula below (section 4.4). These scores will be combined for a maximum of 1000 total points as per the point system provided above (section 4.3).



The (max) top two (2) proposers will advance to the next Tier. ALL proposers will be notified at the conclusion of the Tier 2 Evaluation.

4.7 TIER 3: BEST-AND-FINAL OFFER (BAFO) At this stage, a brief Best and Final Offer (BAFO) period will be conducted with the (max) top two (2) proposals based on the finalist’s increased understanding of the Scope of Services required, CDM’s increased understanding of each proposals pricing structure for the requested product(s) and service(s) and their more accurate estimation of the proposer’s cost to provide the requested product(s) and service(s). Specific BAFO instructions will be provided during this step however BAFO submissions may be submitted to the City’s Procurement Administrator. The Evaluation and Selection Committee will again use the same 800 (non-price) points and 200 (weighted formula) points system (1000 points total) to conduct a final scoring round and select the top scoring proposal. The highest overall scoring proposal will then be recommended by the Evaluation and Selection Committee to the City Council for acceptance of the proposal and award of contract. Proposers will again be notified at the conclusion of this Tier 3 Evaluation.

4.8 CONTRACT NEGOTIATIONS The City will then begin negotiations with the highest scoring proposer. If negotiations do not result in a contract acceptable to the City within an acceptable timeframe, the City may then begin negotiations with the proposer having the second highest overall score. This process will continue until either a contract is awarded or the RFP is cancelled.



5. ATTACHMENT A: STANDARD PROVISIONS

5.1 PROPOSAL SIGNATURE A proposal submitted in response to the City’s Request for Proposals must be signed by the proposer if an individual, or by an officer of the proposer, or by a designated agent empowered to bind the firm in a contract.

5.2 PARTNERSHIP AND/OR JOINT VENTURE PROPOSALS Partnership and Joint Venture Proposals; Use of Corporate Name or Fictitious Corporate Name 1. If a proposal is submitted by two or more persons acting as a partnership, the names of the

persons appearing on the proposal must be followed by the notation -- "a partnership", or words of similar import.

2. If a proposal is submitted by two or more persons or corporate entities as a joint venture, the names of the persons or entities appearing on the proposal must be followed by the notation -- "a joint venture". In that instance, the proposal must also be signed by all such persons and/or the authorized agents of all such entities, and the proposal bond or fidelity bond, if any is required, must cover the joint venture. Joint venture proposals shall identify which person or firm will act as lead person of firm.

3. A proposal submitted by two or more persons or corporate entities without any indication that they are submitting it as a joint venture, without being signed by all such persons and/or the authorized representatives of all such entities, and without a proposal bond or fidelity bond covering all such persons or entities as a joint venture, will be subject to rejection.

4. In submitting a proposal and in entering into a contract in response to an RFP, a corporate entity may use its fictitious corporate name in addition to its legal corporate name, if the fictitious name is appropriately registered with the Iowa Secretary of State. Proposers are advised to exercise care in the use of any fictitious name for their firms.

5.3 PROPOSER QUESTIONS Proposer Questions, Objections or Requests for Information, Clarification or Interpretation to be Submitted to Procurement Administrator - Proposers Prohibited from Inappropriate Communication with City Officials or Employees - Inappropriate Communication May Result in Rejection or Return of Proposals - Inappropriate Communication May be Considered in Evaluation of Proposals. In order to ensure an open process and the provision of equal knowledge and opportunity to all potential proposers, the Procurement Administrator or his/her designee will serve as the sole point of contact for questions, objections, informational requests and requests for clarification or interpretation during the RFP process. The City's intention is to avoid such questions, objections, or requests for information or clarification being posed by an individual proposer and then being answered only for that proposer. Instead, the City's goal is to allow such questions, objections and requests to be posed by all potential proposers, and to communicate those questions, objections and requests, and the City's responses, to all potential proposers. Consequently, only written questions, objections or requests for clarification or interpretation, submitted by mail, FAX, or e-mail, will be accepted from potential proposers, and written responses will be issued to all known potential proposers. Dates and times for acceptance of



questions, objections and requests, and for delivery of written responses, will be detailed in the RFP. Oral questions, objections or requests will not be accepted. A proposer's conference will be scheduled as provided in paragraph 4, at which proposer's may submit questions, objections or requests orally or in writing. After issuance of an RFP by the City, persons or entities who intend to respond to such RFP by submission of a competitive proposal, and who desire to pose questions, objections, or requests for information, clarification or interpretation regarding any term, provision, or requirement of the RFP, shall not attempt to communicate with, in writing, electronically, or orally, any City official or employee other than the City's Procurement Administrator. After issuance of an RFP, persons or entities who intend to respond to such RFP by submission of a competitive proposal shall not communicate with, in writing, electronically, or orally, any other City official or employee in an attempt to gather information which would be helpful in responding to the RFP, or in an attempt to influence the City's consideration of its competing proposal. All inappropriate communications with City officials or employees will be reported to the Procurement Administrator and evaluation and selection committee. Such inappropriate communication by a proposer or potential proposer may, at the discretion of the Procurement Administrator, constitute grounds for disqualification of that proposer's proposal, resulting in the Procurement Administrator's refusal to accept such proposal or in the return of such proposal. Further, the evaluation and selection committee may in its discretion consider such inappropriate communication in evaluating and scoring such proposal. The Procurement Administrator will advise City officials and staff of the pendency of RFPs for evaluation or award, and during the pendency thereof City staff or officials will be prohibited from engaging in discussion of an RFP with a proposer or potential proposer unless so directed or approved by the Procurement Administrator. The foregoing notwithstanding, any proposer or potential proposer who believes that the terms of an RFP are objectionable, or who believes that the Procurement Administrator or other City staff have not appropriately responded to its questions, objections, or requests for information, clarification or interpretation regarding any term, provision, or requirement of the RFP, or who believes that the Procurement Administrator, other City staff or the evaluation and selection committee have a bias against it or are treating it unfairly, may communicate its concerns in that regard to the City Manager or City Council. A proposer or potential proposer shall first communicate its concerns directly to the City Manager, orally or in writing. If the City Manager cannot resolve the issue to the satisfaction of the proposer or potential proposer, the City Manager shall, at the request of the proposer or potential proposer, forward such concerns to the City Council for its consideration.

5.4 PROPOSER CONFERENCE All persons or entities interested in or intending to respond to the RFP may attend the proposer’s conference and participate. At said conference, any person or entity interested in or intending to respond to the RFP may present, orally or in writing, questions, objections, or requests for clarification or interpretation as to any term, provision, or requirement of the RFP. Appropriate city staff will be present at the conference to discuss the questions, objections, or requests for clarification or interpretation raised or presented to the City at said conference or presented to the City in writing as provided in section 5.3 above. Remarks made during discussions at said conference by any City official or employee shall not be binding upon the City or be deemed to be the City's official response or position regarding any question, objection, or request for clarification or interpretation discussed at said meeting.

5.5 CITY’S RESPONSE TO PROPOSER QUESTIONS City's Response to Proposer Questions, Objections, and Requests for Clarification or



Interpretation; Issuance of Addenda to RFP. The City's Procurement Administrator will respond in writing to all questions, objections, or requests for information, clarification or interpretation presented to the City as provided in section 5.3 or raised or presented at the proposer's conference as provided in section 5.4. The City’s written response will be directed to all known potential proposers. Only the City's written responses shall be considered the City's official response binding upon the City. In addition to making a written response, the City may issue addenda amending the RFP by changing or deleting the provisions of, or adding provisions to, the RFP.

5.6 COLLUSION PROHIBITED – AFFIDAVIT REQUIRED Any agreement or collusion among proposers or prospective proposers, in restraint of freedom of competition by agreement to propose a fixed price or otherwise shall render the proposals of such proposers void. Proposers will be required to execute and submit with their proposals a Non-Collusion Affidavit in the form appended hereto as Attachment C. Any disclosure by one proposer to another proposer of the content of a proposal in advance of the submission of proposals shall render the proposals of both such proposers void, and may at the discretion of the Procurement Administrator render the RFP proceedings void.

5.7 GRATUITIES PROHIBITED 1. The laws of Iowa provide that it is a felony to offer, promise, or give anything of value or

benefit to government employees with the intent to influence that employee’s acts, opinion, judgment or exercise of discretion with respect to that employee’s duties. Evidence of violations of this clause will be turned over to the appropriate law enforcement agency.

2. The City of Des Moines provides reimbursement for transportation lodging, meals and

miscellaneous expense for its employees incurred while on duty and engaged in the preparation or evaluation of RFPs.

5.8 PUBLIC DISCLOSURE Proposals Not Confidential; Proposer Requests for Confidentiality Under Iowa Open Records Law, Chapter 22 of Iowa Code; Disclosure of Proposal Content Under Chapter 22 of the Iowa Code, “Examination of Public Records”, all records of a governmental body are presumed to be public records, open to inspection by members of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to that general rule, establishing several categories of “confidential records”. Under this provision, confidential records are to be kept confidential, “unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information”. Among the public records which are considered confidential under this Iowa Code provision are the following:

3. Trade secrets which are recognized and protected as such by law. 6. Reports to governmental agencies which, if released, would give advantage to

competitors and serve no public purpose. Under Chapter 22 of the Iowa Code, the City, as custodian of the proposal submitted in response to a Request for Proposals, may, but is not required, to keep portions of such proposals confidential under exceptions 3. and 6. noted above. If a responding individual or company determines that a portion or portions of its proposal constitute a trade secret, or should otherwise be kept confidential to avoid giving advantage to competitors, a confidentiality request may be



submitted with the proposal identifying which portion or portions of the proposal or bid should be kept confidential and why. The burden will be on each individual proposer to make such confidentiality request and to justify application of a confidentiality exception to its proposal. The City will not under any circumstance consider the entire proposal to be a confidential record. If a request is thereafter made by a member of the public to examine a proposal including the portion or portions thereof for which a confidentiality request has been made, the City will so notify the proposer and will keep confidential that portion of the proposal covered by the confidentiality request, pending action by the proposer requesting confidentiality to defend its request. In that notification, the proposer requesting confidentiality will be given not more than 5 calendar days within which to file suit in Polk County District Court seeking the entry of a declaratory order and/or injunction to protect and keep confidential such portion of its proposal. Absent such action by a proposer requesting confidentiality, and absent the entry of a court order declaring such portion or portions of the proposal confidential, the entire proposal will be released for public examination. If the process for selecting the best proposal includes two or more evaluation stages, in which proposals are evaluated at each stage and the field of competing proposals is reduced, all proposals submitted shall be kept confidential, pursuant to Section 22.7 of the Iowa Code, subsection 6 cited above, until completion of the final stage of the evaluation process in order to avoid giving advantage to competing proposers. Upon completion of the final stage in the evaluation process, all competing proposals shall be subject to disclosure, if not otherwise determined confidential as above provided.

5.9 MARKET AVAILABLE EQUIPMENT ONLY Proposals should include only Market Available Equipment and Field Tested Software unless otherwise provided 1. All equipment, features, and attachments which are proposed must have been formally

announced for market purposes before the date the proposal is submitted to the City. 2. All proposer supplied programs/software referred to in the proposal must be field operational

before the date the proposal is submitted, unless the services to be provided in response to the RFP include program/software development.

3. Demonstrations must utilize the proposed equipment, programs or software precisely as proposed.

4. Unless otherwise specified in the specifications, all items on which a proposer submits a proposal shall be new, of the latest model or manufacture and shall be at least equal in quality to that specified in this RFP document.

5.10 PROPOSER PATENTED, PROPRIETARY AND/OR COPYRIGHTED MATERIAL Proposer Required to Identify Patented Equipment, Processes, Materials, or Hardware, and Copyrighted Text, Information, Data, or Software Included in Its Proposal; Proposer Required to Include with Its Proposal any Licenses Which City Will be Expected to Execute 1. Proposers shall be required to identify any patented equipment, processes, materials, or

hardware, or any copyrighted text, information, data, or software, which it proposes to supply as part of the goods it is required to provide under the RFP or which it proposes to supply as part of the services it is required to perform under the RFP. Every proposer shall likewise identify the licensing agent for such patented or copyrighted items, and shall provide with its proposal a copy of any licensing or use agreement which the City will be expected to execute for the use of such patented equipment, processes, materials, or hardware, or copyrighted text, information, data, or software included in a proposer's proposal, as well as the



anticipated cost to the City, if any, for such use under license or agreement. The proposer to whom the contract is awarded shall be required to warrant that the intellectual property rights of third parties (copyright, trademark, or patent) will not be violated by the proposer's or City's use of any equipment, process or service provided in response to the RFP.

2. All software provided to the City pursuant to a proposer's proposal shall be fully documented.

This documentation shall consist of pertinent technical documentation and operator documentation including the following, as applicable:

Proprietary source code escrow option Database definitions and file structures; Variable descriptions, variable cross-references and subroutine calling sequences; Interface specifications; Requirements traceability matrix; Communication protocols including field device protocol; Security documentation; System backup and recovery procedures; System operational procedures and error handling; Hard copy user manual segregated into chapters (or volumes) which group topics

according to whether the software is used from TMC operator stations, from remote computers, and from either of the above;

On-line user manual or help facility; Warrantees on software; and Licenses and liens.

The proposer may use different methods for documentation if it provides sufficient information as determined by the City. All documentation shall be submitted to the City for final approval. 3. Source Code Escrow. Rights to intellectual property developed, utilized, or modified by the

proposer in the performance of the services shall remain the property of the proposer. However, program source libraries, source code, flow charts of source code, database definitions, file structures, communications protocols, variable descriptions, variable cross-references, subroutine calling sequences, and other documentation are elements of the work product without which the City would be at a severe loss should the proposer be unable or unwilling to provide service for the life of the software. For this reason, the successful proposer shall, to the extent required by the RFP, be required to provide an independent escrow agent to handle such proprietary work product documentation which shall be transferred from escrow agent to the City in the event that the Contractor fails to provide service at a reasonable and justifiable price during the life span of the software.

5.11 PROVIDE EVIDENCE OF ABILITY TO OBTAIN INSURANCE AND/OR BOND Each proposer shall be required to provide evidence satisfactory to the City that it can obtain the required insurance coverages and/or bond. For this purpose, each proposer shall submit with its proposal the signed certification form appended to this RFP, in which the proposer's insurance agent and/or bonding agent will be required to certify that the proposer can obtain the required insurance coverages and/or bond. Failure to submit the required certification form may be grounds for rejection of the proposal.

5.11.1 INSURANCE AND INDEMNITY REQUIREMENTS The successful proposer will, in its contract with the City, be required to agree to defend, pay on behalf of, indemnify, and hold harmless the City of Des Moines, Iowa, its elected and appointed officials, employees and volunteers and others working on behalf of the City, as more particularly provided in ATTACHMENT D. The successful proposer will also be required to obtain and maintain in continuous effect during the term of its contract with



the City, and while any of its obligations under said contract remain unsatisfied, the insurance coverages set forth in ATTACHMENT D hereto, with amounts, coverages, limits, exclusions, and endorsements as therein provided.

5.11.2 PERFORMANCE BOND REQUIREMENTS Performance Bond Required. The successful proposer will be required to provide a performance bond, with surety satisfactory to the City, in the form appended hereto as Attachment G. Such bond must be submitted to the City at the time that the City Council approves the proposal and authorizes execution of a contract with the successful proposer, as hereafter provided in section 5.14.

5.12 FORMATION OF CONTRACT Contract to be Negotiated and Executed Upon Selection by Evaluation and Selection Committee or Council Selection of Best Proposal / Designation of Successful Proposer. 1. Finalization of Contract Terms Subject to Negotiation. At the option of the department, upon issuance of the Notice of Intent to Award or upon City Council approval of the recommendation of the evaluation and selection committee and authorization to execute the contract, the selected/successful proposer shall be required to immediately commence negotiations to conclude a contract with the City for the provision of the (goods)(services) proposed in response to the RFP. Only those terms identified as negotiable in the RFP shall be subject to negotiation. 2. Submission of Evidence of Insurance and Bond by Successful Proposer. Upon City Council approval of the recommendation of the evaluation and selection committee, and authorization to execute the contract, the successful proposer shall submit (a) a certificate or certificates of insurance evidencing insurance coverages of the type and amount, and with the endorsements, required by Attachment D, "Indemnity and Insurance"; and (b) the performance bond, required by Attachment G. 3. Execution of Contract by Successful Proposer. Upon the successful conclusion of contract negotiations by the City and successful proposer, and/or upon the City's completion of a form of contract incorporating the terms of proposal submitted by the successful proposer in its RFP, the successful proposer shall be required to execute the contract and return it to the City within the time specified by the City. The contract must be executed by the successful proposer if an individual, or by the authorized representative or representatives of any partnership or corporation making or joining in the proposal, and all signatures must be notarized. 4. Execution of Contract by the City. Upon the Risk Manager's approval of the evidence of insurance submitted by the successful proposer, and upon the Legal Department's approval of the form of contract executed by the proposer, and of the performance, payment and maintenance bond submitted by the proposer, the Mayor or City Manager will execute the contract as directed by the City Council, and the City Clerk will attest the signature of the Mayor or City Manager. 5. Successful Proposer's Failure to Execute Contract or to Submit Required Insurance

and/or Bond. The successful proposer's refusal to negotiate contract terms as provided in the RFP, or its refusal to limit negotiations to the terms identified in the RFP, shall be considered a default by the proposer and shall be grounds for rejection of proposer's proposal. The successful proposer's failure to submit an insurance certificate or certificates evidencing required insurance coverages,



or failure to submit a performance bond, shall be considered a default by the proposer and shall be grounds for rejection of proposer's proposal.

5.13 EVALUATION AND SELECTION COMMITTEE Evaluation and Selection Committee; Procedure for Evaluation and Recommendation as to Selection of Best Proposal. 1. Competing proposals submitted in response to the RFP shall be evaluated by an evaluation

and selection committee appointed by the director of the department sponsoring the RFP. The evaluation and selection committee shall, at the department director's discretion, be composed of city staff members, consultant representatives if a consultant was utilized in formulating the RFP, and other persons deemed knowledgeable of the goods and/or services being procured. The evaluation and selection committee ("committee") will utilize the evaluation criteria and scoring methodology set forth in this RFP in making its determination as to the best proposal.

2. Upon completing its evaluation and the scoring of competing proposals, the committee shall

make a written report of its determination and recommendation as to the selection of the best proposal. The report will be filed with the department director and Procurement Administrator, and the report and Notice of Intent to Award will be provided to all competing proposers by ordinary mail, FAX or e-mail at the address, FAX number or e-mail address shown in their proposals at least 5 days prior to the appeal deadline set forth in the Notice of Intent to Award.

5.14 APPEAL PROCESS APPEAL of Evaluation and Selection Committee Recommendation - Proposer Objections to be Submitted in Writing - Resolution of Proposer Objections 1. Opportunity for Proposers to Appeal Evaluation Committee Recommendation as to

Selection of Best Proposal - Required Submission in Support of Objection. A proposer who is aggrieved by the evaluation and selection committee's determination and recommendation as to the selection of the best proposal, as set forth in the committee's report, may appeal such determination and recommendation by filing a written objection thereto with the Procurement Administrator within the appeal deadline set forth in the Notice of Intent to Award. Such objections may be filed in person or by mail, FAX or e-mail. In its written objection, the appealing proposer shall set forth all of its objections to the committee's recommendation and all arguments in support thereof, and shall attach thereto all documentation supporting its objections which it intends to rely on in making its appeal. The appealing proposer may request a hearing on its appeal, but the determination whether to hold a hearing or to determine the appeal on the basis of the record made in the written objection shall be discretionary with the City Manager. Alternatively, the City Manager may, after the issuance of an RFP, authorize use of the alternative appeal procedure provided in section 2-757 of the Des Moines Municipal Code where it is determined that use of the appeal procedure provided in this section will unduly delay the City's procurement of necessary goods and/or services. The City Manager's decision, made after the issuance of an RFP, to utilize this alternative appeal procedure shall be communicated to all proposers prior to or contemporaneously with the provision of the report of the evaluation and selection committee and Notice of Intent to Award.

2. City Manager or Hearing Officer to Review Proposer's Objections; Hearing Optional.

Upon the timely filing of a written objection by an aggrieved proposer as above provided, the City Manager shall review such objection and determine if a hearing will be held to assist in determining the appeal. The City Manager shall likewise determine if the appeal will be



determined by the City Manager or if it will be determined by an appeal officer selected by the City Manager. If the City Manager decides that the appeal will be decided pursuant to an appeal hearing, the City Manager or appeal officer shall set the time, date, and place of a hearing on such objection, and shall cause written notification of the hearing to be provided to the appealing proposer and all proposers. The City Manager may set for hearing at the same time, date, and place the objections of two or more proposers. Upon the request of an objecting proposer, the hearing may for good cause shown be rescheduled, provided that the hearing is held not more than 10 days after the filing of the written objection. In the appeal, the burden of persuasion shall be upon the appealing proposer. If a hearing is held, the appealing proposer shall be required to present its evidence first, and shall be entitled to examine the chair of the evaluation and selection committee, or such other member as may then be available. The hearing shall be electronically recorded, and upon the prior approval of the City Manager or appeal officer, the appealing proposer may at its expense cause the proceedings to be reported and transcribed. A transcription of the proceedings shall be made available to the City at no cost. For purposes of this appeal provision, the Deputy City Manager may act in the absence or unavailability of the City Manager.

3. Report of City Manager or Hearing Officer to City Council and to Appealing Proposer.

Upon completing the review of the appealing proposer's written objection, or upon the conclusion of the hearing, the City Manager or the designated hearing officer shall make a written report setting forth the determination of the appeal. All objections made by the appealing proposer shall either be affirmed or overruled. The report shall immediately be forwarded to the appealing proposer.

If an appealing proposer's objection is affirmed, the City Manager or hearing officer shall reject the recommendation of the evaluation and selection committee, and shall direct the committee to reconvene to reevaluate the proposals submitted in response to the RFP. In conducting its reevaluation, the committee shall consider all objections affirmed by the City Manager or hearing officer. Upon completing its reevaluation, the committee shall make a written report of its determination and recommendation as the selection of the best proposal, and shall file the report with the City Manager and mail same to competing proposers. Such determination and recommendation shall be subject to appeal as herein provided.

If an appealing proposer's objection is overruled, the City Manager's or hearing officer's report shall be forwarded to the City Council, and the appealing proposer and all competing proposers shall be given written notification of the date of the Council meeting at which said report and the recommendation of the evaluation and selection committee will be considered by the City Council.

4. City Council's Consideration of City Manager's / Hearing Officer's Report and of the

Appealing Proposer's Objections. When the City Manager's or hearing officer's report comes before the City Council for consideration, the City Council may affirm or overrule the findings and determination of the City Manager or appeal officer as set forth in said report. The City Council may, in its discretion, hear presentations by the appealing proposer and by competing proposers with respect to the appealing proposer's objections, and with respect to the findings and determination of the City Manager or hearing officer. If the City Council agrees to hear such presentations, it may limit the length of such presentations, and all proposers will be given an equal opportunity to speak. The City Council's decision shall be considered final. If the City Council votes to overrule the report of the City Manager or hearing officer, the recommendation of the evaluation and selection committee shall be considered rejected, and the City Council may direct the committee to reconvene to reevaluate the proposals submitted in response to the RFP, or the City Council may award the contract as it determines



appropriate. If the City Council votes to affirm the report of the City Manager or hearing officer, it shall then take up and consider the recommendation of the evaluation and selection committee.

5. The City Council’s decision shall be considered final.

5.15 PREPARATION OF PROPOSALS Each proposer must furnish ALL information and in the order and format required by this RFP and on clearly referenced attachments as needed. Proposals not submitted in this manner may be considered non-responsive. Any attempt to alter the wording in the RFP may result in rejection of the proposal. Proposer must furnish all information necessary to evaluate their proposal. Proposals that fail to meet the mandatory requirements of the RFP will be grounds for disqualification.

5.15.1 PROPOSAL PREPARATION COSTS All costs associated with preparing a proposal and participating in this RFP process shall be borne by the Proposer.

5.16 AMENDMENTS TO THE RFP AND WITHDRAWAL OF PROPOSAL The City reserves the right to amend the RFP at any time. It is the proposer’s responsibility to ensure any and all addenda are obtained. Proposers who submit proposals in advance of the deadline and/or an addendum may withdraw, modify, and resubmit proposals at any time prior to the deadline for submitting proposals. Proposers must notify the City in writing if they wish to withdraw their proposals.

5.17 EVALUATION FACTORS

5.17.1 ACCEPTANCE OF PROPOSALS The contents of the RFP, winning vendor proposal and all associated RFP documents shall become a part of the resulting contract awarded by the City of Des Moines Council at a public meeting.

5.17.2 OPENING OF PROPOSALS The CDM Procurement Administrator shall publicly open and read aloud the names of firms submitting proposals at the procurement office and address on the date and time the proposals are due.

5.17.3 DISPOSITION OF PROPOSALS All proposals submitted in response to the RFP become the property of the City and will not be returned to unsuccessful proposers.

5.17.4 REJECTION OF PROPOSALS The City reserves the right to reject any or all proposals, in whole or in part, received in response to this RFP at any time prior to the execution by the City and proposer of a final written contract. Issuance of this RFP does not constitute a commitment by the City to award a contract and to withdraw the RFP at any time. This RFP is designed to provide proposers with the information necessary to prepare a competitive proposal.



5.17.5 DISQUALIFICATION Reasons for which The City may reject and not evaluate proposals include but are not limited to:

1. The proposer fails to include information necessary to substantiate that it will be able to

meet a stated RFP requirement(s). 2. The proposer fails to respond to all of this RFP’s requirements for information, documents,

and/or references. 3. The proposer fails to include any signature, certification, authorization, stipulation,

disclosure or guarantee requested in this RFP. 4. The proposer presents the information requested by this RFP in a format inconsistent with

the instructions of the RFP. 5. The proposer initiates ANY unauthorized contact/discussions regarding this RFP with City

personnel – employees, officials and/or members of the Evaluation and Selection Committee.

6. The proposer limits the City’s rights.

5.17.6 CLARIFICATION PROCESS The City reserves the right to contact a proposer after the submission of proposals for the purpose of clarifying proposal content. An individual authorized to legally bind the proposer shall sign responses to any request for clarification. Clarification responses shall be submitted to the City within the time specified in the City's request. Failure to comply with requests for additional information may result in rejection of the proposal as non-compliant.

5.17.7 NONMATERIAL VARIANCES The City reserves the right to waive or permit cure of nonmaterial variances in the proposal if, in the judgment of the City, it is in the City’s best interest to do so. Nonmaterial variances may include, but are not limited to, minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other proposers, that do not change the meaning or scope of the RFP, or that do not reflect a material change in the services.

5.18 CITY COUNCIL SELECTION OF BEST PROPOSAL City Council Selection of Best Proposal and Authorization to Execute Contract with Successful Proposer - Notification of Successful Proposer The City Council will by resolution approve the proposal which it selects as the best proposal and authorize execution of a contract, either by the Mayor or by the City Manager. Upon the City Council's approval of the proposal, the Procurement Administrator will give notice advising the proposer whose proposal was selected (hereafter the "successful proposer") what actions must be taken to complete the formation of the contract.

5.19 CITY COUNCIL CONSIDERATION OF EVALUATION City Council Consideration of Evaluation and Selection Committee Recommendation as to Best Proposal - Opportunity for Input by the Public When the evaluation and selection committee's recommendation comes before the City Council for consideration, the City Council may request that the proposer whose proposal is recommended for selection appear before the Council to give a presentation or to answer questions regarding its proposal. Competing proposers will not be allowed to speak at that time unless a prior request has been made by such a proposer and permission to speak granted by the Mayor, or unless a City Council member requests that the competing proposer be allowed to



speak and the Council consents to such request. Members of the public may likewise be allowed to speak regarding the selected proposal.

5.20 RELEASE OF CLAIMS By submitting a proposal, the proposer agrees that it will not bring any claim or cause of action against the City based on any misunderstanding concerning the information provided herein or concerning the City's failure, negligent or otherwise, to provide the proposer with pertinent information as intended by this RFP.

5.21 ASSIGNMENT OF CONTRACT Assignment of Contract Prohibited Unless Approved in Writing by the City. No contract awarded pursuant to RFP shall be assignable by the successful proposer without the written consent of the City Manager.

5.22 STATUTES AND RULES Chapter 2, Municipal Code of the City of Des Moines, contains policies and procedures for procurement under which this request for proposal is issued. The terms and conditions of this bid or request for proposal, the resulting contract or purchase order or activities based upon this bid or request for proposal shall be construed in accordance with the laws of Iowa. Where statutes and regulations of the United States Government are referenced herein, they shall apply to this request for proposal and resulting purchase order or contract. Wherever differences exist between federal and state statutes or regulations affecting this procurement, interpretation shall be in the direction of that which is most beneficial to the interests of the City of Des Moines.



6. ATTACHMENT B: GENERAL TERMS AND CONDITIONS Although the City does plan to release to advancing Proposers a copy of its Proposed Contract after down select #2 as highlighted in the Schedule of Events table, a few of the basic terms are listed below, for your review and consideration.

1. EXCLUSIVE CONTRACT The contract which results from this Request for Proposals constitutes the exclusive contract between the parties and incorporates the provisions of these terms and conditions, and supersedes any previous agreements or contracts, either written or oral. The terms and conditions hereof may not be altered without prior written consent of both parties. 2. ACTS OF GOD Successful proposer shall not be considered to be in default under this contract if performance is delayed or made impossible by an act of God, floods, fires, strikes, and similar events; but in each such case, the delay or impossibility must be beyond the control and without the fault or negligence of proposer. It shall be the responsibility of the proposer to promptly advise the Procurement Division of the delay. The City may elect to cancel the contract and enter into a contract with another proposer. 3. SUBCONTRACTORS Successful proposers shall be responsible for all acts and performance of any subcontractor or secondary supplier that the successful proposer may engage for the completion of any contract with the city. A delay that results from a subcontractor’s conduct, negligence or failure to perform shall not exempt the proposer from default remedies. The successful proposer shall be responsible for payment to all subcontractors or secondary suppliers. 4. TERMINATION DUE TO NON-APPROPRIATION Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the City to appropriate funds, or due to discontinuance or material alteration of the program for which funds were provided, then the City shall have the right to terminate this contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. 5. IMMUNITY OF CITY, STATE AND FEDERAL AGENCIES Proposer shall defend, indemnify, and hold harmless the City, its officers, employees and agents, and any State or Federal funding source for City from liability arising from proposer’s performance or attempted performance of this contract and proposer’s activities with subcontractors and all other third parties. 6. ASSIGNMENT Successful proposers may not assign contracts or purchase orders to any party (including financial institutions) without written permission of the City Manager or his/her designee. 7. ANTI-TRUST ASSIGNMENT For good cause and as consideration for submitting a proposal, the successful proposer, through its duly authorized agent, conveys, sells assigns, and transfers to the City all right, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Iowa, relating to the particular goods or services purchased or acquired by City pursuant to the RFP.



8. TITLE TO GOODS Successful proposer warrants that the goods procured pursuant to the RFP are free from all liens, claims or encumbrances. 9. INDEMNIFICATION To the extent the goods procured pursuant to the RFP are not manufactured in accordance with the City's design or specification, the successful proposer shall defend, indemnify and hold harmless the City and the City's assignees, and other users of the goods, from and against any claim of infringement of any Patent, Trade Name, Trademark, Copyright, or Trade Secret by reason of sale or use of any articles purchased hereunder. The City shall promptly notify the successful proposer of any such claim. 10. MISCELLANEOUS This contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the contract shall only be commenced in the Polk County, Iowa, District Court or the United State District Court for the Southern District of Iowa. If any provision of this contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 11. NON-DISCRIMINATION Successful proposer acknowledges and agrees:

To comply with the Equal Employment Opportunity Program included in the City of Des Moines Contract Compliance Program, which is available at http://www.dmgov.org/departments/Engineering/PDF/contractcomplianceprogram.pdf or from the City Engineer’s Office.

To comply with any and all applicable provisions of the Des Moines Human Rights Ordinance, Chapter 62 of the Des Moines Municipal Code.

Not to discriminate against any employees or applicants for employment on the basis of age, race, religion, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability or ancestry.

To include this provision in all agreements associated with this procurement. 12. WARRANTY The successful proposer expressly warrants that all goods supplied shall be merchantable within the meaning of section 554.2314 of the Iowa Code in effect on the date of the bid or proposal in the City of Des Moines, Iowa. Additionally, the goods shall conform to specifications, drawings, and other descriptions and shall be free from defects in materials and workmanship. 13. COMPLIANCE WITH ALL APPLICABLE LAWS All goods and/or services shall be provided in compliance with all applicable federal, state, and local laws and regulations. The successful proposer expressly warrants and guarantees that the goods and/or services provided do not violate the rights of third parties, including without limitation, copyright, trademark, patent or other intellectual property rights or interests.



7. ATTACHMENT C: NON-COLLUSION AFFIDAVIT The Proposer hereby certifies: 1. That this proposal is not affected by, contingent on, or dependent on any other proposal

submitted for any improvement in the City of Des Moines, Iowa; and 2. That no individual employed by the Proposer was paid or will be paid by any person,

corporation, firm, association, or other organization for soliciting the proposal, other than the payment of their normal compensation to persons regularly employed by the Proposer whose services in connection with the making of this proposal were in the regular course of their duties for the Proposer; and

3. That no part of the compensation to be received by the Proposer was paid or will be paid to

any person, corporation , firm, association, or other organization for soliciting the proposal, other than the payment of their normal compensation to persons regularly employed by the Proposer whose services in connection with the making of this proposal were in the regular course of their duties for the Proposer; and

4. That this proposal is genuine and not collusive or sham; that the Proposer has not colluded,

conspired, connived or agreed, directly or indirectly, with any other proposer or person, to put in a sham proposal or to refrain from making a proposal, and has not in any manner, directly or indirectly, sought, by agreement or collusion, or communication or conference, with any person, to fix the proposal price of Proposer or of any other Proposer, or to otherwise restrain freedom of competition, and that all statements in this proposal are true; and

5. That the individual(s) executing this proposal have the authority to execute this proposal on

behalf of the Proposer.

Proposer

Signature

Name (Print/Type)

Title

Street Address

City, State, Zip Code



8. ATTACHMENT D: INSURANCE & INDEMNIFICATION REQUIREMENTS

8.1.1 GENERAL The successful Proposer shall purchase and maintain insurance to protect the Proposer and the City of Des Moines, Iowa (CITY) throughout the duration of the Agreement. Said insurance shall be provided by an insurance company(ies), “admitted” and “nonadmitted” to do business in the State of Iowa, having no less than an A. M. Best Rating of “B+.” All policies, except professional liability, shall be written on a per occurrence basis, not a claims-made basis, and in form and amounts and with companies satisfactory to the CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the CITY prior to Agreement execution or commencement of work and/or services. It shall be the responsibility of the Proposer to maintain adequate insurance coverage at all times, and failure to do so shall not relieve the Proposer of any contractual obligation or responsibility. Failure on the part of the Proposer to maintain this insurance in full effect will be treated as such by the Contracting Authority. Failure on the part of the Proposer to comply with the requirements of this article will be considered sufficient cause to suspend the work, withhold payment(s), and/or be disqualified from receiving further contract awards.

8.1.2 INSURANCE REQUIREMENTS A. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: The Proposer shall

procure and maintain, during the life of this Agreement, Worker’s Compensation Insurance, including Employer’s Liability Coverage, in accordance with all applicable statutes of the State of Iowa. The coverage limits shall include $500,000 each accident for Bodily Injury by Accident, $500,000 each employee for Bodily Injury by Disease, and $500,000 policy limit for Bodily Injury by Disease.

B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Proposer shall procure and maintain,

during the life of this Agreement, Commercial General Liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, and (e) Personal and Advertising Injury.

Coverage shall be no less comprehensive and no more restrictive than the coverage provided by a standard form Commercial General Liability Policy (ISO CG 0001 including standard exclusions or a non-ISO equivalent form). Any additional exclusions shall be submitted with the Certificate of Insurance and shall be subject to the review and approval of the CITY.

C. AUTOMOBILE LIABILITY INSURANCE: The Proposer shall procure and maintain, during the life

of this Agreement, Automobile Liability Insurance with limits of liability of not less than $1,000,000 per occurrence combined single limit including Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

If the Proposer’s business does not own any vehicles, coverage is required on non-owned and hired vehicles.

D. UMBRELLA/EXCESS INSURANCE: The General Liability and Automobile Liability Insurance

requirements above may be satisfied with a combination of primary and Umbrella/Excess



Insurance. The Umbrella/Excess Insurance shall also be written on a per occurrence basis. If the Umbrella/Excess Insurance policy does not follow the form of the primary policy(ies), it shall include the same endorsements as required of the primary policy(ies).

E. PROFESSIONAL LIABILITY INSURANCE: The Proposer shall procure and maintain, during the

life of this Agreement, Professional Errors and Omissions Insurance with limits not less than $1,000,000 per claim and in the aggregate. The Proposer will notify the CITY if claims made erode the Policy Limits below those required above. Coverage for computer services including hardware and software development, installation and performance and shall be included.

F. AGENTS AND SUBCONTRACTORS: The Proposer shall require that any of its agents and

subcontractors who perform work and/or services pursuant to the provisions of this Agreement to purchase and maintain the same types of insurance as are required by the Proposer.

G. ADDITIONAL INSURED & GOVERNMENTAL IMMUNITY: Except for Workers Compensation and

Professional Liability, the policies providing the coverage’s specified in paragraphs B, C, and D above shall include the CITY Additional Insured and Governmental Immunities Endorsements. Copies of these endorsements are attached.

H. CANCELLATION & MATERIAL CHANGES: The insurance policies providing the coverages

specified in paragraphs A, B, C, D and E above shall include the CITY’s Cancellation and Material Changes Endorsement. A copy of this endorsement is attached.

I. PROOF OF INSURANCE: The Proposer shall provide to the CITY a Certificate(s) of Insurance

evidencing all required insurance coverage as provided in paragraphs A through E and G and H above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify under “Description of Operations/Locations/Vehicle/Special Items” the title of the Agreement and that “Where required, Additional Insured, Governmental Immunities, and Cancellation and Material Change endorsements have been included as per attached.” These endorsements shall be attached to the Certificate(s) of Insurance so as to evidence their inclusion in the coverages required.

8.1.3 INDEMNIFICATION REQUIREMENTS For purposes of this Attachment, the term "Proposer" means and includes the Proposer, its officers, agents, employees, subcontractors, sub-consultants and others under the control of the Proposer, and the term “CITY” means and includes the City of Des Moines, its elected and appointed officials, and its agents, employees, volunteers, and others working on its behalf. For other than professional services rendered, to the fullest extent permitted by law, Proposer agrees to defend, pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith, including, but not limited to, attorneys’ fees and court costs, that may be asserted or claimed against, recovered from or suffered by the CITY by reason of any injury or loss, including, but not limited to, personal injury, including bodily injury or death, property damage, including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with Proposer’s work. For professional services rendered, to the fullest extent permitted by law, Proposer agrees to pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith, including, but not limited to, attorneys’ fees and court costs and economic damages that may be recovered from or suffered by the CITY that arise out of any negligent act, error or omission of the Proposer.



Proposer’s obligation to indemnify the CITY contained in this Agreement is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts. The CITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Proposer arising out of or in any way connected or associated with Proposer’s work, except for and only to the extent caused by the negligence of the City of Des Moines. Proposer expressly assumes responsibility for any and all damage caused to City property arising out of or in any way connected or associated with Proposer’s work Proposer shall ensure that its activities on City property will be performed and supervised by adequately trained and qualified personnel, and Proposer will observe all applicable safety rules.

8.1.4 WAIVER OF SUBROGATION To the fullest extent permitted by law, Proposer hereby releases the CITY, its elected and appointed officials, its agents, employees and volunteers and others working on its behalf from and against any and all liability or responsibility to the Proposer or anyone claiming through or under the Proposer by way of subrogation or otherwise, for any loss without regard to the fault of the CITY or the type of loss involved, including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Agreement. The Proposer’s policies of insurance shall contain a clause or endorsement to the effect that such releases shall not adversely affect or impair such policies or prejudice the right of the Proposer to recover there under.

8.1.5 ENDORSEMENTS All endorsements required for the work shall be attached to the appropriate Certificate or Certificates of Insurance and shall be, on the face thereof, listed by name (as follows). The Proposer’s insurance carriers may use ISO or ISO-equivalent policy endorsements to satisfy the endorsement requirements included in paragraphs 8.1.5.1 and 8.1.5.2 below. However, the endorsement included in paragraph 8.1.5.3 below must include the wording provided in paragraph 8.1.5.3.

CITY OF DES MOINES, IOWA ENDORSEMENTS

8.1.5.1 CANCELLATION AND NONRENEWAL ENDORSEMENT Thirty (30) days Advance Written Notice of Cancellation, ten (10) days Written Notification of Cancellation due to non-payment of premium and forty-five (45) days Advance Written Notification of Non-Renewal shall be sent to: Risk Management Office, City of Des Moines, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa 50309. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached.

8.1.5.2 ADDITIONAL INSURED ENDORSEMENT The City of Des Moines, Iowa,, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their boards’ members,



employees, and volunteers, are included as Additional Insureds’ with respect to liability arising out of the Proposer’s work and services performed for the CITY. This coverage shall be primary to the Additional Insureds’, and not contributing with any other insurance or similar protection available to the Additional Insureds’, whether other available coverage be primary, contributing or excess.

8.1.5.3 GOVERNMENTAL IMMUNITIES ENDORSEMENT (For use when City is included as additional insured)

1. Non-waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Des Moines, Iowa, as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Des Moines, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time.

2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover

only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.

3. Assertion of Government Immunity. The City of Des Moines, Iowa, shall be responsible for

asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Des Moines, Iowa.

4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and

the insurance carrier shall not deny any of the rights and benefits accruing to the City of Des Moines, Iowa, under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Des Moines, Iowa.

5. No Other Change in Policy. The insurance carrier, the City of Des Moines, Iowa, agree that

the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.



9. ATTACHMENT E: INSURANCE AFFIDAVIT CERTIFICATION OF PROPOSER’S INSURANCE AGENT REGARDING PROPOSER’S ABILITY TO OBTAIN REQUIRED INSURANCE COVERAGE I hereby certify that my client, as identified below, will be able to meet all of the insurance requirements stated in RFP#V11-068, has been advised of any additional costs associated with doing so, and has agreed to obtain such coverages if selected as the successful proposer of the RFP to which my client has responded: Legal Name of Proposer: _______________________________________________________________ Name/Address/Phone/FAX # of Insurance Agency: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Phone: _________________________ FAX: ____________________________ Name of Agent/Broker (Print): ______________________________________________________________ Signature of Agent/Broker: ______________________________________________________________ Date of Signature: _______________________________________________ Signature and stamp of Notary Republic: _______________________________________________________________



10. ATTACHEMENT F: SAMPLE PERFORMANCE BOND CITY OF DES MOINES, IOWA SURETY BOND NO. ____________________

PERFORMANCE BOND SAMPLE ONLY - DOES NOT NEED TO BE COMPLETED AT THIS TIME.

KNOW ALL BY THESE PRESENTS: That we, ____________________________________________, as Principal (hereinafter the "Contractor" or "Principal") and __________________________________, as Surety are held and firmly bound unto the City of Des Moines, Iowa, as Obligee (hereinafter referred to as "the City"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of _________________________________________ DOLLARS ($_________________), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a Contract for a _____________________________________ with the City, bearing date the _____ day of ______________, 2011, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to provide the following described goods and/or services:

1. (To Be Completed) 2. (To Be Completed) 3. (To Be Completed)

and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety on this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill and abide by

each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the provision of the above referenced goods and/or services, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default or failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing goods or materials or providing services or labor in the performance of the Contract.

2. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the

contrary notwithstanding, to the following provisions:

A. To consent without notice to any extension of time to the Contractor in which to perform the Contract;

B. To consent without notice to any change in the Contract or Contract Documents, which



thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent of the total contract price, and that this bond shall then be released as to such excess increase; and

C. To consent without notice that this Bond shall remain in full force and effect until the

Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor.

The Contractor and every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions:

D. That no provision of this Bond or of any other contract shall be valid which limits to less

than five years after the acceptance of the work under the Contract the right to sue on this Bond.

E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way,

but shall include the actual and reasonable costs and expenses incurred by the City including interest, benefits and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the City's staff attorneys), and all costs and expenses of litigation as they are incurred by the City. It is intended the Contractor and Surety will defend and indemnify the City on all claims made against the City on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the City will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required.

In the event the City incurs any "outlay and expense" in defending itself with respect to any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the City whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond.

In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the City to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the City, the Contractor and the Surety agree, jointly and severally, to pay the City all outlay and expense incurred therefor by the City. All rights, powers, and remedies of the City hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the City, by law. The City may proceed against Surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action or actions or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all of the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.



When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Witness our hands, in triplicate, this ______ day of __________________, 2011. PRINCIPAL: SURETY: ______________________________ ______________________________

Contractor Surety Company By: ___________________________ By: ___________________________ Signature Signature Attorney-in-Fact/Officer ______________________________ ________________________________

Title Name of Attorney-in-Fact/Officer ______________________________ _________________________________ Company Name _________________________________ FORM APPROVED BY: Company Address _______________________________ __________________________________ Ann DiDonato City, State, Zip Code Assistant City Attorney _________________________________ Company Telephone Number

NOTE: All signatures on this performance bond must be original signatures in ink; copies or facsimile of any signature will not be accepted. This bond must be sealed with the Surety's raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal.



11. ATTACHMENT G: PERFORMANCE BOND AFFIDAVIT CERTIFICATION OF PROPOSER’S SURETY AGENT REGARDING PROPOSER’S ABILITY TO OBTAIN REQUIRED BOND I hereby certify that my client, as identified below, will be able to obtain the bond set forth in Attachment F, has been advised of any additional costs associated with doing so, and has agreed to obtain such bond if selected as the successful proposer of the RFP to which my client has responded. Legal Name of Proposer: _______________________________________________________________ Name/Address/Phone # of Surety Agency: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Name of Surety Agent (Print): ______________________________________________________________ Signature of Surety Agent: ______________________________________________________________ Date of Signature: _______________________________________________



12. ATTACHMENT H: RFP PROCESS WAIVER FORM In consideration for the opportunity to submit a proposal and to participate in the City of Des Moines, Iowa Request for Proposals process for the Enterprise Resource Planning (RFP #V11-068) (“the RFP”) the undersigned Proposer, on behalf of himself and the entity he/she is representing, including the undersigned’s officers, employees, contractors, representatives and agents, and others working or acting on behalf of the undersigned, waives any and all rights to challenge, dispute or contest the selection process employed by the City of Des Moines, Iowa, its officials, employees, volunteers, contractors and agents, and others working or acting on behalf of the undersigned (collectively “the City”) in connection with the “Best and Final Offer” (“BAFO) evaluation tier of the RFP and the price scoring criteria, evaluation and scoring of the price criteria of the RFP evaluation criteria in the evaluation and selection by the City of any proposals pursuant to the RFP (collectively “the RFP Pricing Process”) by any legal or equitable action, administrative hearing for proceeding, arbitration proceeding, alternative dispute resolution process or in any other manner. This waiver specifically includes a covenant not to sue the City and a waiver of any and all claims, cause of action for damages, whatsoever, demands, liabilities, damages, losses, costs and expenses of any nature whatsoever, known or unknown, fixed or contingent, arising out of or related to RFP Process. Proposer acknowledges and agrees that the City will review the Proposer’s proposal and any other proposals, administer the RFP Pricing Process, make decisions or refrain from making decisions in connection therewith in its sole and absolute discretion without liability of any nature whatsoever to Proposer. The decision of the City and actions taken by the City shall be final and binding upon the Proposer, its successors and assigns. The Proposer will indemnify, defend and hold the City harmless from and against any and all claims, suits, damages, liabilities, losses, costs, and expenses, including but not limited to, actual attorney’s fees and expert fees and expenses incurred by the City in connection with any challenge by the Proposer to the RFP or the RFP Pricing Process or breach of the provisions of this waiver. This waiver is intended to waive conclusively and without recourse important legal rights that might otherwise be available to the proposers to this RFP. Any proposer acknowledges this by execution of this waiver and further acknowledges that the proposer had, or waived voluntarily, the right to have this waiver reviewed by legal counsel of their choosing prior to responding to this RFP. Date: ____________________ PROPOSER SIGNATURE By: ______________________________ Title: ______________________________ (if a corporate entity, attach resolution authorizing the execution of this Waiver)