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HomeMy WebLinkAboutRFP Details - ERP Software & Implementation Services Request for Proposal Enterprise Resource Planning Software and Implementation Services Issue Date: July 21, 2023 VENDOR QUESTIONS DUE: July 31, 2023 Question Submittal to: finance@rentonwa.gov PROPOSAL DUE: August 21, 2023 - 4:00 p.m. PT Email Proposals to Submittal to: finance@rentonwa.gov Electronic responses must be received by the city no later than the date, time, and location indicated above as the proposal due date. Late submission of responses shall be not considered. Submittal of response by fax is not acceptable. Note: This RFP does not constitute an order for the goods or services specified. City of Renton, WA – RFP for ERP Software 2 | P a g e TABLE OF CONTENTS 1. INVITATION FOR PROPOSALS .................................................................................................. 3 2. BACKGROUND ......................................................................................................................... 4 3. SCOPE OF WORK AND TIMELINE ............................................................................................. 6 4. RFP EVALUATION .................................................................................................................... 8 5. VENDOR INSTRUCTIONS.......................................................................................................... 9 6. REQUIREMENTS .................................................................................................................... 12 7. TERMS AND CONDITIONS...................................................................................................... 13 EXHIBITS A – PRICING ........................................................................................................................... 15 B – REFERENCES .................................................................................................................... 16 C – CITY OF RENTON PROFESSIONAL SERVICES AGREEMENT ……………………………………………..18 City of Renton, WA – RFP for ERP Software 3 | P a g e SECTION 1 - INVITATION FOR PROPOSALS The City of Renton (city) is requesting proposals from experienced and qualified vendors that can provide ERP software and services that satisfies all the city’s functional and technical requirements contained within this RFP. Preferred vendors shall have experience in successfully implementing the proposed solutions for cities of similar size and scope of services. A detailed description of the products and services required are contained in Section 3 - Scope of Work and Timeline of this RFP. Vendors can submit a proposal by email to: finance@rentonwa.gov It is the vendor’s responsibility to deliver proposals to the city by the date and time indicated in this RFP. The city accepts no responsibility for lost or misdirected email submittals. The city is not liable for any costs incurred by the vendor before issuance of a contract. All costs incurred in responding to this Request for Proposal are solely the responsibility of the vendor. All materials submitted in response to this RFP become the property of the city and as such public documents and will not be returned. Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained and exhibits in this RFP. This is a competitive negotiation process in accordance with RCW 39.04.270. The City of Renton will consider all the evaluation information obtained during the competitive negotiation process. The city reserves the right to reject any and all proposals in part or in full for any reason. The city also reserves the right to change, cancel, or re-issue this RFP at any time. This RFP does not obligate the city to pay any costs incurred by the respondents in the preparation and submission of a proposal, nor does it obligate the city to accept or contract for any expressed or implied services. The successful vendor must comply with local, state, and federal requirements regarding equal opportunity and employment practices and the City of Renton Professional Services Agreement. The city is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality or disability. Women and minority business enterprises are encouraged to submit proposals. City of Renton, WA – RFP for ERP Software 4 | P a g e SECTION 2 - BACKGROUND The city serves about 105,000 residents in the Puget Sound region and ranks as the eighth largest city in Washington State1. The vision of the city is to be the center of opportunity in the Puget Sound Region where families and businesses thrive. The mission of the City of Renton, in partnership and communication with residents, businesses, and schools, is dedicated to: • Providing a safe, healthy, welcoming atmosphere where people choose to live • Promoting economic vitality and strategically positioning Renton for the future • Supporting planned growth and influencing decisions that impact the city • Building an inclusive informed city with opportunities for all • Meeting service demands through high quality customer service, innovation, a positive work environment, and a commitment to excellence The city operates under the laws of the State of Washington as an “optional municipal code city”. Renton is governed with a mayor-council form of government with eight (8) elected officials. City operations are performed by approximately 900 employees at the direction of the mayor. The city provides a host of services to residents and local businesses: Police, Utilities (water, wastewater, and stormwater), Transportation (street construction and maintenance), Parks and Recreation, Economic Development, Land Use Planning and Regulation, Municipal Courts, and General Government services (animal control and museum system). The city’s intent for this project is for the procurement and implementation of an ERP system that meets the key functional and technical requirements of the city. The city recognizes the need to acquire an integrated ERP solution for supporting its core functions, to improve efficiency, and to eliminate duplication of efforts. As such, the city is seeking a vendor that can provide a replacement ERP solution that supports local government entities with all modules in scope. The city’s primary ERP solution is Tyler Technologies Eden for Financial, Payroll, Human Resources, and Utility Billing functions. The software is nearing its end of life and is slated to sunset in 2027. In addition, the city uses Progressive Solutions for Cashiering, and CentralSquare TRAKiT for Permitting, Planning, Land Management, and Code Enforcement. Additional information regarding the specific scope of required modules and functionality can be found in the Requirements document provided as a separate supplemental document to this RFP. City of Renton, WA – RFP for ERP Software 5 | P a g e The following provides an overview of the city’s technology environment. • Desktops and Laptops – The computing environment at the city includes approximately 700 workstations. Computers are configured with Microsoft Windows 7 or Microsoft Windows 10 64- bit operating system. All hardware is less than 5 years old, and includes a minimum of an Intel i 5 processor and at least 4 GB of RAM. Each computer is managed by a Microsoft Azure Active Directory domain. The standard desktop software suites in most of the city are Microsoft Office 2013 and 2016. Some staff also use city issued mobile devices such as smartphones and tablets. • Servers – The city’s server environment is comprised of both physical and virtual servers running the latest versions of Microsoft Windows operating system. New system implementations requiring server resources shall run in a vitalized environment. • Database Management System (DBMS) – The city utilizes and supports the latest versions of Microsoft SQL Server in a high availability environment. • Email System – The city’s standard email platform is Microsoft Exchange Server 2010. • Network Infrastructure – The city has a fiber gigabit Metropolitan Area Network to approximately 43 city facilities and parks. The city also leverages wide-area Wi-Fi and LTE network connectivity for mobile users. All Windows OS mobile devices connect to the Enterprise network through Net Motion VPN access. • Software Updates – If a system requires updates to be installed on local machines, it is the expectation that the city’s IT Division will coordinate and install the updates with assistance from a vendor where appropriate. • Internet Browser – The city currently supports Microsoft Edge, Google Chrome, and Mozilla Firefox web browsers. • Backup and Disaster Recovery – The city has an enterprise backup system to backup servers, systems, applications, and user data based on the retention schedule of the type of data being stored. • Retention Requirements –The city must meet applicable laws for State of Washington retention schedules (RCW 40.14) for records. The city is legally obligated to retain records in a way that is compliant with the State of Washington's document retention laws. The city must be able to identify records, apply the appropriate retention policy, and properly dispose of records in accordance with applicable laws when the retention period has been satisfied. • Public Disclosure Requirements – The city must meet applicable public disclosure laws for email content (RCW 42.56). The city is legally obligated to fulfill public disclosure requests in accordance with applicable laws. The city must be able to properly identify records to fulfill a given request, ensure immutability of the record, and have the ability to redact information that is exempt from disclosure. The city must be able to export all records that are responsive to the given request in its native format and make it available on GovQA (https://govqa.com). Systems need to improve the city employee experience and efficiency in fulfilling public records requests. City staff receive a large volume of ever-increasing public disclosure requests each year. Solutions implemented must afford city staff a user-friendly way to quickly search for and identify all records that are responsive to a public disclosure or eDiscovery request, and efficiently manage each request from intake to fulfillment. City of Renton, WA – RFP for ERP Software 6 | P a g e SECTION 3 - SCOPE OF WORK AND TIMELINE The city intends to purchase an integrated ERP solution that includes the modules and functionality defined in the Requirements document provided with this RFP. The following table outlines the primary solutions used by the city with an indication of scope for replacement or integration to the new ERP solution. Vendor Software Functionality Replace or Retain Tyler Technologies Eden Financials Human Resources Payroll Replace Progressive Solutions Quadrant Cashiering Replace In-House Developed ITS Intranet Time Entry Replace Shadow Systems Various Various Replace Laserfiche Laserfiche Document Management Record Retention Forms Workflow Retain Integrate - Yes Springbrook Springbrook Utility Billing Retain Integrate - Yes Cityworks Cityworks Asset Management, Work Orders, Time Entry Retain Integrate - Yes Fleet Focus Fleet Focus Fleet Maintenance Retain Integrate - Review Telestaff Telestaff Scheduling, Time Entry – Police Retain Integrate - Review Tyler Technologies Enterprise Permitting and Licensing (EPL or EnerGov) Permitting Land Management Code Enforcement Retain Integrate - Review NeoGov NeoGov Applicant Tracking Onboarding Performance Management Retain Integrate - Review City of Bellevue Praxis Business Tax and Licensing Retain Integrate - Review xplor Recreation PerfectMind Parks and Recreation Retain Integrate - Review ProShop Keeper ProShop Keeper Golf POS Retain Integrate - Review Quartermaster Quartermaster Police Assets Retain Integrate – No Genetec AutoVu Parking Citation Retain Integrate - Review Ventek VenVu Boat launch POS Retain Integrate - Review The city expects to implement an ERP solution using a phased approach or as recommended by the selected vendor and approved by the city. The city expects process improvement through the implementation of new systems and intends to adopt the best practices offered by the selected vendor. Vendors who are invited to demonstrate their product should be prepared to discuss the application’s best practices and the system’s ability to adapt to user preferences. City of Renton, WA – RFP for ERP Software 7 | P a g e Timeline The following defines the estimated timeline for the selection of a vendor. The city reserves the right to modify or reschedule this timeline as necessary. Activity Dates Release Request for Proposal July 21, 2023 Vendor Questions Due July 31, 2023 Vendor Questions Answers Posted August 7, 2023 Proposals Due August 21, 2023 Selection of Finalists October 2023 Software Demos December 2023 – January 2024 Due Diligence Review January 2024 Contract Negotiations March 2024 City of Renton, WA – RFP for ERP Software 8 | P a g e SECTION 4 – RFP EVALUATION Evaluation. All proposals meeting the requirements of this RFP shall be reviewed and rated by an evaluation committee according to the following criteria: • Ability of the product to perform the technical and functional requirements • Project management and implementation plan • Total cost of the solution – licensing, implementation, ongoing support and maintenance rates, fees, etc. • Proposal responsiveness • Firm/Consultant qualifications, experiences, references, and experience The city reserves the right to obtain clarification of any point in a proposal or to obtain additional information necessary to properly evaluate the proposal. Failure of a vendor to respond to a request for additional information or clarification may result in rejection of the proposal. The city’s retention of this right shall in no way reduce the responsibility of vendors to submit complete, accurate, and clear proposals. The city reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be initially submitted on the most favorable terms the vendors can offer. It is understood that all proposals will become a part of the official file without obligation to the city. Notification. Based on the evaluation of the proposals, the city will select a shortlist of approximately three vendors and invite them to participate in pre-demo meetings and software demos. The selected vendors will be notified via e-mail by the date indicated in Section 3. The notification will include a Demo Script document that will be used for on-site demos. Pre-Demo Meetings. Once vendors have been notified of elevation to the shortlist, the city will conduct pre-demo meetings with those vendors. The purpose of the pre-demo meeting is to address any questions about logistics of demos or the Demo Script that will be provided by the city. Software Demos. The functional and technical product demos will be presented to the city by the shortlisted vendors according to a pre-defined script. All vendors must follow this script during their demo process. The evaluation criteria for the demo process will include adherence to the script, as well as the ability to successfully demonstrate the product’s ability to meet the city’s functional and technical requirements. The city reserves the right to request additional information, interviews, follow- up demonstrations or any other type of clarification of proposal information it deems necessary to evaluate the final vendors. Evaluation. An evaluation committee selected by the city will review and evaluate responses in accordance with criteria identified below. Clarification of submitted material may be requested during the evaluation process. The city may award the successful vendor based on their initial proposal or invite them to demo their solution or enter into contract negotiations. No contract will be awarded until approved by the city council. City of Renton, WA – RFP for ERP Software 9 | P a g e SECTION 5 – VENDOR INSTRUCTIONS Proposals should be prepared simply and economically, providing straightforward, concise descriptions of the vendor’s ability to satisfy the city’s functional and technical needs. Emphasis should be placed on completeness and clarity of content. Ownership of all data, materials, and documentation originated and prepared for the city pursuant to this solicitation will belong to the city. All pages or sections of submitted documents considered by the firm to be proprietary in nature should be clearly labeled. Submit your RFP response by the date and time indicated in Section 3 of this RFP to the following email address: finance@rentonwa.gov. Late responses will not be accepted. Responses should include the following: • One electronic PDF copy of your entire RFP proposal in the order defined in the table below; and • One completed copy of the Requirements document in MS Word format Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto. Pre-Bidders Questions. Questions regarding this RFP may be submitted to the city at finance@rentonwa.gov by the due date indicated in Section 3 of this RFP. The city will address all questions and post them to the city’s website at http://www.renton.wa.gov/bids by the due date indicated in Section 3 of this RFP. It is the responsibility of any proposer to review the city’s website for any RFP revisions or answers to questions prior to submitting a proposal. No formal pre-bidders conference will be held. Proposal Response Format. Vendor responses should include the sections outlined below. Responses that deviate from the requested format may be classified as “non-responsive” and may be disqualified. Marketing literature should not be included in your proposal. Proposals should not exceed 100 pages. Section Description 1. Cover Letter Executive summary letter of the proposed software and services for the scope of work defined in this RFP. Limit to two pages. 2. Requirements Complete the Requirements document provided as a separate Word document and follow the instructions provided in Section 6 of this RFP. Each Requirement must have a rating and a comment relative to how the function is met with the software. Submit the Requirements section as Section 2 of your proposal. In addition, provide the Requirements document in MS Word format. Do not modify the Word format. A comment of “Standard Functionality” or similar does not provide us with the information required to review your response. 3. Pricing Complete Pricing Summary from Exhibit A of this RFP. Indicate costs for software and implementation services. Pricing should be comprehensive City of Renton, WA – RFP for ERP Software 10 | P a g e Section Description including all taxes and available discounts. Pricing must be valid for 180 days from the response date. Include the following: a. Software: Cost of software for the user counts defined in this RFP. Include one sheet for each deployment option if applicable (SaaS or on-premises). b. Implementation Services: Include all costs required for go live including but not limited to software deployment, assess and define, system design, system configuration, data conversion, report development, testing, and training. c. License/Subscription/Maintenance: for years 1-10 Note: Additional pricing information can be supplied if it clarifies or provides relevant detail to your proposal. 4. Implementation Provide an overview of the implementation methodology including: a. Project Management tools b. High level Project Plan including phases, tasks, timeline c. City resources - roles, responsibilities, average time per month d. Vendor resources - roles, responsibilities, average time per month e. Process Improvement strategy through implementation f. Business Change Management methodology and tools used g. Data conversion methodology and tools h. Testing methodology and tools i. Training methodology and tools j. Report development 5. Support Provide an overview of support services offered including: a. User: days, hours, guaranteed response time, resources available, escalation process b. User groups and conferences c. Post go-live tools and services 6. Technology Overview Provide an overview of the system technology including: a. Options for technical architecture; hosted, on-premises, SaaS, etc. b. Deployment options c. Hardware specifications d. Mobile hardware and operating system options e. Support for multi-factor authentication f. Remote access capabilities, supported technologies and portals available g. Security Administration – SSO, SAML, etc. h. Integration tools and methodologies supported i. Online data dictionary j. Disaster Recovery Services k. Timing and frequency of software updates – scheduled and automatic l. Backup management 7. References Using Exhibit B, provide references that include three current and two prior customers for the proposed software. References should be similar in size and scope to the city’s project. City of Renton, WA – RFP for ERP Software 11 | P a g e Section Description 8. Contract Performance • Indicate if at any time during the past five years the vendor has had a contract terminated for convenience, non-performance, or any other reason, or has entered into legal action with a customer. Describe the situations including name and address of contracting party. • 9. Contract Samples Provide sample contract documents including: ▪ Statement of Work ▪ License Agreement ▪ Maintenance Agreement ▪ Service Level Agreement ▪ Warranty Agreement 10. Exceptions Document any exceptions you have to the RFP or the city’s Professional Services Agreement provided as Exhibit C to this RFP. City of Renton, WA – RFP for ERP Software 12 | P a g e SECTION 6 – REQUIREMENTS This section includes instructions for completing the ERP Requirements document provided as a separate Word document. This document will become Section 2 of your proposal. This is not a comprehensive list of all the city’s requirements but includes the key requirements that will be used to evaluate the proposals and will be incorporated into the signed contracts. For each item a ranking has been provided indicating its importance to the city. Rankings used are R for Required, I for Important, N for Nice to Have or E for Explore. Software applications that are missing a significant number of required features and technology preferences may be eliminated from consideration. Vendors must provide a rating and a comment for every item. The comment should include a brief explanation of how the item is supported. Do not provide hyperlinks within the document as a response. Do not reference another line item for your answer. All items must be addressed within the box provided. Do not modify the format, font, numbering, etc. of this section or insert page breaks. If a submitted RFP includes blank responses the document may be considered incomplete and rejected. Use the following rating system to evaluate each requirement: Rating Definition 4 Standard and available. Software supports this requirement in the proposed version and can be implemented out of the box or with configuration included in this proposal. 3 3rd party software. Supported with 3rd party software integrated with the proposed solution. Indicate the name of the application recommended. 2 Modification. Software does not include this requirement and requires modification. Indicate the estimated cost of modification. 0 Not available. Software will not meet the requirement. F Future release. Requirement will be available in future release. Indicate anticipated release including month and year. Sample Response Format: Please use the format below when completing your response. General Rating and Comment R 1. Audit Trail with user, date, time stamp throughout all modules. Before/after values is Important. 4. System logs all transactions and stamps them with user, date, time and before/after values. A report can be generated to review audit history. A comment of “Standard Functionality” or similar does not provide us with the information required and is not considered acceptable. COMPLETE THE SEPARATELY PROVIDED REQUIREMENTS DOCUMENT IN THE ORIGINAL WORD FORMAT. City of Renton, WA – RFP for ERP Software 13 | P a g e SECTION 7 – TERMS AND CONDITIONS 1. CONDITIONS. The general conditions and specifications of the RFP as proposed by the city and the successful vendor's response, and amended by agreements between the city and the vendor, will become part of the contract documents. Additionally, the city will verify vendor representations that appear in the proposal. Failure of the vendor's products to meet the mandatory specifications may result in elimination of the vendor from competition or in contract cancellation or termination. 2. WARRANTIES, LICENSE AGREEMENT AND MAINTENANCE AGREEMENT. The Warranties, Software License Agreement and Maintenance Agreement will be negotiated and signed at the same time as the contract. Successful Responder shall submit policies regarding and copies of all Warranties, License and Maintenance Agreements on the proposed solution with associated costs. 3. ERRORS AND OMISSIONS. If a proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP or any of its attachments, he/she shall immediately notify the city of such error in writing and request modification or clarification of the document. Modifications will be made by addenda. Clarifications will be given by written notice to all parties who have been furnished with or who have requested an RFP, without divulging the source of the request. If a proposer fails to notify the city prior to the date fixed for submission of proposals of an error in the RFP known to him/her, or an error that reasonably should have been known to him/her, he/she shall bid at his/her own risk, and if he/she is awarded the contract, he/she shall not be entitled to additional compensation or time by reason of the error or its later correction. 4. ADDENDA. The city may modify this RFP, any of its key action dates, or any of its attachments, prior to the proposal submittal date. Addenda will be numbered consecutively as a suffix to the RFP reference number. It is the proposer’s responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the proposer of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda. All addenda’s will be posted to the city’s website http://www.renton.wa.gov/bids 5. SUBMISSION OF PROPOSAL. Electronic proposals will be accepted on or before the date and time indicated in Section 3 – Timeline, and in accordance with Section 5 - Vendor Instructions. 6. PROPOSER’S COST. Costs for developing proposals are entirely the responsibility of the proposer and shall not be chargeable to the city. 7. DELIVERY OF PROPOSALS. All proposals shall be submitted sufficiently by the proposal due date and time to ensure upload to the City of Renton Bid Page prior to the specified due date. The city assumes no responsibility for delays in emailing your proposal to finance@rentonwa.gov. LATE PROPOSALS WILL NOT BE ACCEPTED. 8. CITY PROPERTY. Proposals become the property of the city and information contained therein shall become public project subject to discloser laws. The city reserves the right to make use of any information or ideas contained in the proposal. 9. CONFIDENTIAL MATERIAL. Proposer must notify the city in advance of any proprietary or confidential contained in the proposal and provide justification for not making such materials public. The city shall City of Renton, WA – RFP for ERP Software 14 | P a g e have some discretion to disclose or not disclose such material subject to any protective order which proposer may obtain. 10. NON-ENDORSEMENT. In selecting a Responder to supply products and/or services, the city is neither endorsing nor suggesting that the Successful Responder’s product is the best or only solution. The Successful Responder agrees not to refer to the city in any literature, promotional material, brochures, sales presentation, or the like without the city’s express written consent. 11. REJECTION OF PROPOSALS. The city may reject any or all proposals and may wave any immaterial deviation in a proposal. The city’s waiver of an immaterial defect shall in no way modify the RFP documents or excuse the proposer from full compliance with the specifications if he/she is awarded the contract. Proposal referring to terms and conditions other than the city’s terms and conditions may be rejected as being non-responsive. 12. CANCELLATION. This solicitation does not oblige the city to enter into an agreement with any proposer. The city retains the right to cancel this RFP at any time, at its discretion, for reasons including, but not limited to, the project being canceled, the city loses the required funding, or if it is deemed in the best interest of the city. No obligation, either expressed or implied, exists on the part of the city to make an award or to pay any cost incurred in the preparation or submission of a proposal. 13. INSURANCE REQUIREMENTS. The city requires a certification of insurance prior to commencement of any work. An underwriter’s endorsement is also required with additional insured verbiage and the surety must be an admitted surety in the State of Washington. 14. AWARD OF CONTRACT. Award, if any, will be to the proposer whose proposal best complies with all of the requirements of the RFP documents and any addenda. Evaluation methodology and basis for the award are described in Section 4 - RFP Evaluation of this RFP. City of Renton, WA – RFP for ERP Software 15 | P a g e Exhibit A – Pricing Use this Pricing template as Section 3 of your response. Supporting documents may be included in your proposal. If you provide on-premises and SaaS deployment options, submit a Pricing document for each. City of Renton, WA User Counts – Financials: 250 Named, 75 Concurrent W2 Count – 900 Software – Year 1 $ Assumptions Financials: General Ledger Purchasing/Contract Management Accounts Payable Accounts Receivable Enterprise Cashiering Project and Grant Accounting Fixed Assets Budgeting Human Capital Management Human Resources Time and Attendance Payroll Sub-Total - Software Implementation Services Assumptions Implementation Data Conversion Training Report Development Integration Travel Other Sub-Total - Implementation Maintenance/License - Software Years 2-10 Assumptions Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Sub-Total - Maintenance/License Total City of Renton, WA – RFP for ERP Software 16 | P a g e Exhibit B - References Current Customers Item Response Current Customer #1 Name Employee Count Population Contact Name Contact Telephone and Email Project Scope Implementation Duration Go Live Date System Replaced Current Customer #2 Name Employee Count Population Contact Name Contact Telephone and Email Project Scope Implementation Duration Go Live Date System Replaced Current Customer #3 Name Employee Count Population Contact Name Contact Telephone and Email Project Scope Implementation Duration Go Live Date System Replaced City of Renton, WA – RFP for ERP Software 17 | P a g e Exhibit B – References Prior Customers Item Response Prior Customer #1 Name Number of Employees Population Contact Name and Title Contact Telephone and Email Software Scope Implementation Duration Go Live Date Reason for Change Prior Customer #2 Name Number of Employees Population Contact Name and Title Contact Telephone and Email Software Scope Implementation Duration Go Live Date Reason for Change City of Renton, WA – RFP for ERP Software 18 | P a g e Exhibit C – CITY OF RENTON PROFESSIONAL SERVICES AGREEMENT City of Renton, WA – RFP for ERP Software 19 | P a g e AGREEMENT FOR __________________________ THIS AGREEMENT, dated for reference purposes only as ________________, is by and between the City of Renton (the “City”), a Washington municipal corporation, and ____________________ (“Consultant”), _____________________. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide ________________________________ as specified in Exhibit _____, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit ____ or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit _____. All Work shall be performed by no later than ________________. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $____________, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit ____. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit _____. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than qua rterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. City of Renton, WA – RFP for ERP Software 20 | P a g e The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreem ent shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments pr eviously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product : Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit City of Renton, WA – RFP for ERP Software 21 | P a g e expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, i t is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, City of Renton, WA – RFP for ERP Software 22 | P a g e (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiate d and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City empl oyees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non- owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of City of Renton, WA – RFP for ERP Software 23 | P a g e any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the p roper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Project Manager Name 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-XXXXXXXX E-mail Address Fax: (425) 430-XXXXXXXX CONSULTANT Project Manager Name Street Address City, State Zip Phone: (XXX) XXX-XXXX E-mail Address Fax: (XXX) XXX-XXXX 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such City of Renton, WA – RFP for ERP Software 24 | P a g e action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local l aws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub- contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub- contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is ____________________. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement City of Renton, WA – RFP for ERP Software 25 | P a g e or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assi gns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last City of Renton, WA – RFP for ERP Software 26 | P a g e signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ ____________________ _______________ ____________________ _______________ _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ ___________________ ________________ Contract Template Updated 5/21/2021