CITY OF TRACY NOTICE OF REQUEST FOR PROPOSALS … · that the proposal is received by the CITY prior to the hour and datefor the opening of proposals specified in the Notice of Request

CITY OF TRACY NOTICE OF REQUEST FOR PROPOSALS

1. NOTICE IS HEREBY GIVEN that the CITY OF TRACY (hereinafter "CITY") requests

proposals for Facility Reservation Software (hereinafter “Software”), and will receive proposals in the office of the Public Works Department, Community Facilities Division, 333 Civic Center Plaza, Tracy, California, 95376 up to the hour of 6:00 PM, on the 21st day of August, 2013.

2. The services to be performed by the successful Respondent are described in the

Request For Proposals (attached). Additional copies of the Request for Proposals are available from (and any questions should be directed to) the CITY at Vanessa Carrera, Management Analyst II, 333 Civic Center Plaza, Tracy, California, 95376, (209) 831-6233, Fax: (209) 831-6218, email: [email protected]. The general scope of services includes a Request for Proposals from respondents with demonstrated experience in providing and managing the technological infrastructure to support the software needs of the City of Tracy, Community Facilities Division, including, but not limited to the daily management of facility rentals, program registration, memberships, Internet facility reservations with virtual mapping/ and or calendar “look and book” capabilities, Internet program registration, point of sales, payment processing, reporting, and marketing outreach. The City is seeking proposals from Respondents who can provide hosted web-based or hosted server-based Facility Reservation Software solutions.

3. Proposals shall be submitted and clearly marked as follows: “SEALED PROPOSAL

FOR FACILITY RESERVATION SOFTWARE, Public Works, Community Facilities Division, 333 Civic Center Plaza, Tracy, California, 95376. DO NOT OPEN WITH REGULAR MAIL.”

4. All responsive proposals shall be reviewed and evaluated by the CITY in order to

determine which Respondent best meets the CITY’s needs for this Project by demonstrating the competence and professional qualifications necessary for the satisfactory performance of the required services. The criteria by which the CITY shall evaluate proposals are set forth in the Request For Proposals.

5. The CITY reserves the right to reject any and all proposals or waive any

irregularities in any proposal or the proposal process.

_____________________________________ ___07-23-2013__ ROD BUCHANAN Date INTERIM PUBLIC WORKS DIRECTOR

2 City of Tracy, Facility Reservation Software RFP

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CITY OF TRACY REQUEST FOR PROPOSALS

1. DELIVERY OF PROPOSALS. It is the Respondent's responsibility alone to ensure

that the proposal is received by the CITY prior to the hour and date for the opening of proposals specified in the Notice of Request For Proposals. Any proposals received by the CITY after that hour and date shall be returned unopened.

2. FORMAT OF PROPOSALS. All proposals shall be typewritten or printed in ink

clearly and legibly, in conformance with the Request For Proposals and submitted in a sealed envelope plainly marked on the outside: “SEALED PROPOSAL FOR FACILITY RESERVATION SOFTWARE -- DO NOT OPEN WITH REGULAR MAIL."

3. QUALITY OF PROPOSAL. Unnecessarily elaborate or glossy proposals are

neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this Request For Proposals.

4. CONTENTS OF PROPOSAL. Respondents shall include in proposals, at a

minimum, the following information presented in a clear and concise format, in order to demonstrate the Respondent's competence and professional qualifica-tions for the satisfactory performance of the services outlined in the “Scope of Services” [Section 9] of this Request For Proposals. 4.1. A list of the most recent projects for which the Respondent has performed

similar services of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.

4.2. A list of the Respondent's principals, employees, agents, and sub-consultants which the Respondent anticipates assigning to this Project. This list shall include a summary of the qualifications, licenses, and experience of each individual; the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual. The CITY will retain under its agreement with the successful Respondent the right of approval of all persons performing under the agreement.

4.3. A detailed description of the methods by which the Respondent intends to perform the work set forth in the Scope of Services. The description shall include, at a minimum, the following items:

4.3.1. A performance and cost schedule for all services necessary to complete this Project. The proposal should specify the major components, the cost breakdown by major component or phase, and the expected time of completion for each component based on the scope of services outlined in the proposal.


4.3.2 A total proposed “Not to Exceed” costs of the services, including a Fee Schedule describing all charges and hourly rates for services.

4.3.3. The Respondent should specifically indicate in its proposal any clauses in the CITY's proposed Agreement which are unacceptable to the Respondent. The CITY's sample Professional Services Agreement is attached to this Request for Proposals.

4.4. A statement which discloses any past ongoing or potential conflicts of interest which the Respondent may have as a result of performing the work for this Project.

4.5. A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be included.

4.6. The proposal must be signed by an authorized representative of the Respondent.

5. DETAILED SUBMITTAL REQUIREMENTS

5.1. Executive Summary and Introductory Material

a. Title page with RFP name, business name and contact information of Respondent

b. Signature Page c. RFP Checklist d. Insurance certificate or letter of intent to provide insurance

5.2. Company Background a. Company history b. Organizational structure c. Financial verification d. Clients served 5.3 Statement of Qualifications

a. Provide a statement of qualifications indicating Respondent’s ability to fulfill the scope of the RFP.

b. RFP Questionnaire 5.4. Proposed Software

a. Provide a detailed description of the proposed software and functionality as it pertains to facility reservations and class registration management, and how it may serve customers with greater efficiency and enhance internal operations.

5.5. Professional Services a. Personnel assigned to project b. Third-party vendors associated with aspects of the proposal c. Implementation strategy 5.6. Technical Information

a. State the technical aspects of the proposed software and how it conforms to the RFP requirements. Include all information required in the technical specifications of the RFP.


b. Include the technical standards for modifications, security, conversion and system administration for all modules.

5.7. Maintenance and Support a. Specify the type and degree of customer support provided for the

proposed software, including: Support service hours, availability, type of support Access to training or help tools Support staff size Software upgrade support Timeliness of upgrades Determination process of future releases and training

b. Detail the level and frequency of software maintenance and upgrades performed by the solution provider

c. Specify software warranty over duration of contract 5.8. Price Proposal

a. Provide a detailed, itemized list of proposed software costs, including licensing fees, installation, maintenance, upgrades, client support, and training.

b. Identify a breakdown of software costs over an estimated five year contract.

c. Provide a cost per user as well as a cost for an unlimited user site license for software. Costs for both options must be included in the proposal.

d. Include a guaranteed cost per user for any incremental user licenses which may be purchased in the future as a result of business or organizational growth.

e. Include any discounts that may be applied for the purchase of a specified number of licenses.

f. Define all fees associated with Internet/e-commerce pricing as it relates to online facility reservation or class registration transactions. Please outline your fee structure per online transaction, how credit and revenue is remitted to the City, and vendor fees or related charges that are applied and the method by which the fees are deducted and deposited into a separate vendor account. Also include any capabilities to produce customized reports or data from online sales/transactions.

g. If any of the components of the proposal are “optional” and are included in the proposal summary or total price, those features must be labeled as “optional” and a price must be identified.

5.9. Client References a. List three client references where your company has performed similar

work. Include the organization’s name, address, contact person, email address, phone number and the installation date of the proposed solution.

5.10 Project Implementation Schedule a. Provide an estimated timeline for the proposed scope of work, including

project milestones. Identify the project manager and counterparts involved in executing the milestones, project meetings and task management.


b. Explain the City staffing required for the implementation of this project, including: number of staff resources, key responsibilities, assumptions of prior skills and competencies.

c. Provide an overview of staff training strategy, specifying how and when the training is to be delivered, training location, and method of delivery for administrators, core users, and technology personnel (if required).

5.11 Sample Documents a. Respondents shall include sample copies of the following documents:

Sample software license agreement Sample maintenance and support agreement Sample implementation services agreement Sample hosting agreement

6. INTERPRETATIONS OF THE REQUEST FOR PROPOSALS. If the Respondent is

in doubt as to the meaning of any part of the Request For Proposals, or finds discrepancies in or omissions from the Request For Proposals, the Respondent shall submit to the CITY a written request for an interpretation or clarification by August 19, 2013. All such requests should be addressed to the CITY at Vanessa Carrera, Management Analyst II, 333 Civic Center Plaza, Tracy, California, 95376. The Respondent shall be responsible for the prompt delivery of the request. The CITY shall not be responsible for any explanation or interpretations of the Request For Proposals other than by written addendum delivered to each Respondent. No oral interpretations of any provision in the Request For Proposals shall be binding upon the CITY.

7. REVIEW OF PROPOSALS. After the proposals are received and opened by the

CITY, the CITY shall review and evaluate all proposals for responsiveness to the Request for Proposals to determine whether the Respondent possesses the professional qualifications necessary for the satisfactory performance of the services required. The CITY shall also investigate qualifications of all Respondents to whom the award is contemplated, and the CITY may request clarifications of proposals directly from one or more Respondents. It is anticipated that this review period will last up to approximately thirty days. In reviewing the proposals, the CITY may, in addition to other criteria, consider the following: 7.1. The experience and past performance of the Respondent and its agents,

employees, and sub-consultants in completing projects of a similar type, size, and complexity. The CITY may consider Respondent's timely and accurate completion of similar projects within budget.

7.2. The feasibility of the proposal based upon the performance and cost schedules, and the methodology to be used by the Respondent.

7.3. Respondent’s understanding and ability to perform the work to be completed based upon the clarity of the proposal and responsiveness to this Request For Proposals.


8. AWARD OF AGREEMENT. Upon completion of the review period, the CITY shall notify those Respondents whose proposals will be considered for further evaluation and negotiation. All Respondents so notified shall be required to make presentations, provide financial verification as listed in Section 5.2, and negotiate in good faith in accordance with direction from the CITY. Any delay caused by Respondent's failure to respond to direction from the CITY may lead to a rejection of the Proposal. 8.1. If the CITY determines, after further evaluation and negotiation, to enter into

an Agreement, an Agreement shall be sent to the successful Respondent for the Respondent's signature. No proposal shall be binding upon the CITY until after the Agreement is signed by duly authorized representatives of both the Respondent and the CITY.

8.2. The CITY reserves the right to reject any or all proposals, and to waive any irregularity. The award of the Agreement, if made by the CITY, will be based upon a total review and analysis of each proposal and projected costs.

9. SCOPE OF SERVICES. The scope of services set forth in this Request For

Proposals represents an outline of the services which the CITY anticipates the successful Respondent to perform, and is presented for the primary purpose of allowing the CITY to compare proposals. The precise scope of services to be incorporated into the Professional Services Agreement shall be negotiated between the CITY and the successful Respondent. The CITY requests that the Respondent suggest changes to the scope of services (as a part of the proposal) in order to achieve the CITY’s stated Project Objectives.

9.1. Project Objectives. The CITY’s primary objective for this Agreement is to acquire licensing to a web-based or server-based hosted Facility Reservation Software solution that will support the daily administrative tasks managed by the Community Facilities Division, including but not limited to: facility reservations, program registration, Internet facility reservations with virtual mapping/ and or calendar “look and book” capabilities, Internet program registration, online ticket sales, memberships, point of sales, payment processing, and customized reports. The software system must be compliant with Payment Card Industry Data Security Standards referred to as “PCI-DSS,” and have the ability to export financial transactions for financial system input. The primary objectives related to the implementation of the hosted software solution include:

1. Improve staff’s ability to serve customers by utilizing technology to reach a greater customer base and provide heightened user accessibility to services and information

2. Improve operational efficiencies 3. Reduce operational costs

9.2 Technical Specifications 9.2.1 Server-Based Hosted Solution:

a. True client/server solution b. Front end client is browser based (with no additional software needed on client end) c. Supported under the most common browsers (Internet Explorer,


Chrome, Firefox, and Safari) d. Compatible with most recent versions of these browsers (IE 7 and above, Chrome version 8 and above, Firefox version 4 and above, Safari version 4 and above) e. Forward compatibility with new releases of these browsers f. Compatible with SQL Server 2008R2 64 bit g. Compatible Windows Server 2008R2 64 bit h. Ability to export financial transactions for financial system input i. Active Directory Integration for user accounts j. 24/hour, 7 day per week client support

9.2.2 Web-Based Hosted Solution a. True client/server solution b. Front end client is browser based (with no additional software needed on client end) c. Supported under the most common browsers (Internet Explorer,

Chrome, Firefox, and Safari) d. Compatible with most recent versions of these browsers (IE 7 and above, Chrome version 8 and above, Firefox version 4 and above, Safari version 4 and above) e. Forward compatibility with new releases of these browsers f. Daily backups of database g. Entire solution (including all backend components) must be supported by vendor and not outside contractor h. Must provide SLAs for uptime i. Ability to export financial transactions for financial system input j. 24/hour, 7 day per week client support

9.3. Project Restrictions. 9.3.1. Timing. As the CITY understands the timing restrictions for this

project at this time, the following schedule must be met:

July 24, 2013 Issuance of RFP August 12, 2013 Pre-Proposal Conference

August 19, 2013 Final day to accept questions and requests for RFP clarifications

August 21, 2013 Proposal Due Date

August 28, 2013 Vendors selected for software demonstrations notified

September 4, 2013 Software demonstrations September 9, 2013 Final selection of software September 13, 2013 Complete contract negotiations October 1, 2013 Award of contract by City Council

9.3.2. Budget. Capital improvement funding has been budgeted in Fiscal Year 2013-14 in the amount of $40,000 for the implementation and support of a hosted Facility Reservation Software solution. Annual operating expenses are included in the budgetary process each fiscal year.


9.4 City of Tracy Background. The City of Tracy was incorporated in 1910 and is located in San Joaquin County, roughly 60 miles east of San Francisco. Tracy has a growing population of over 82,000 people and has one of the most diverse populations and skilled labor forces in the Central Valley. Tracy is considered a family town with over 80% of households being families and a population with the average age being just over 30 years. The Tracy City Council is the governing body of the City, having primary responsibility for enacting legislation and policies. The City Manager supervises program policy and implementation, as well as operational activities. The Community Facilities Division provides customer support for indoor and outdoor facility reservations, and program registration for cultural arts and recreation classes. The proposed software solution will be utilized by various staff within the Community Facilities, Cultural Arts and Recreation Divisions.

It is difficult to identify the exact number of users who will be accessing the

Facility Reservation Software on a daily basis, however the Respondent may use the following staff numbers to determine the proposed number of software licenses, accounts, modules and training necessary for all user staff.

Division Number of Core/ Power Users

Number of Casual Users

Community Facilities 5 1

Cultural Arts 6 1 Recreation 15 1 Transit 1 1

9.5. Project Background. The City of Tracy currently uses CLASS software, version 6.04, supported by Active Network, to provide facility reservation and program registration services. The current software and online registration component do not offer the desired levels of functionality to meet the needs of the City and its customers, and a new hosted solution is being sought to improve operational efficiencies and customer service.

10. COPIES OF PROPOSAL. A total of five copies of the proposal are required to be submitted to the City. 11. SIGNATURE PAGE. INSTRUCTIONS FOR SIGNATURE PAGE: Line 1: The name of the Respondent must be the same as that under which a license is issued, if a license is required. If the Respondent is a corporation, enter the exact name of the corporation as incorporated; if Respondent is a limited liability company, enter the full name of the limited liability company; if Respondent is an


individual operating under a trade name, enter name and Doing Business As designation (trade name in full); if a partnership, enter the correct type of the partnership; if a joint venture, enter exact names of entities joining in the venture. Line 2: Identify here the form of the entity shown under (1), e.g., corporation

(including state of incorporation), sole proprietorship, partnership, limited liability company or joint venture.

Line 3: Enter the address to which all communications and notices regarding the

proposal and any contracts awarded thereunder are to be addressed. Line 4: (a) If the Respondent is a corporation, the proposal must be signed by an officer

or employee authorized to sign contracts on behalf of the corporation and must include one of the following: the corporate seal; a corporate resolution authorizing the individual to sign; or two signatures, one from an officer on the operations side of the corporation and one from an officer on the finance side of the corporation.

b) If the Respondent is an limited liability company (LLC), at least one signature from a managing member is required. Signatures from more than one managing member are encouraged.

c) If Respondent is an individual, s/he must sign the proposal. d) If the Respondent is a partnership, a general partner must sign the proposal. e) If the Respondent is a joint venture, the proposal must be signed by one of the

principals from each entity comprising the joint venture and if one or both of the entities is a partnership, limited liability company, or corporation, each participating partnership must sign by a general partner, each limited liability company by a managing member, and each corporation by an authorized officer.

12. PRE-PROPOSAL CONFERENCE. There will be one pre-proposal conference held on August 12, 2013. The proposal conference will start at 10:00 AM in Conference Room 203 at Tracy City Hall, 333 Civic Center Plaza, Tracy, CA 95376. Respondents are encouraged, but not required to attend the proposal conference for this RFP. 13. WRITTEN QUESTIONS. Respondents may submit written questions. The City will endeavor to respond in writing to requests for information; however, the City makes no assurance that written responses will be tendered if, in the opinion of the City, such information is evident in the RFP or goes beyond the intended scope of this solicitation. Any written responses to questions will be posted on the City of Tracy website by 6:00 PM on August 20, 2013. Questions are due to the City by August 19, 2013. 14. DISCLOSURE. Proposals submitted in response to this RFP are subject to disclosure under the California Public Records Act. 15. INCURRED EXPENSES AND RESPONSIBILITY. The City is not responsible for any expenses the Respondents may incur in preparing and submitting proposals. Responding to the RFP creates no contractual or other rights to a Respondent, nor is


any obligation incurred on the part of the City by receipt of the proposal. Failure by the City to select any Respondent for negotiations shall create no claim, or cause of action, legal or equitable, including but not limited to, damages for Respondent’s cost of preparation. 16. PROPOSAL IS PROPERTY OF THE CITY. The information submitted by Respondents and received by the City shall become the property of the City and, in particular, the City has the unqualified right to use the information received from any Respondents in negotiations or contracting with that Respondent or other Respondents. Proposals submitted to the City will become the sole property of the City and, concomitantly, Respondent must waive and forfeit any and all proprietary rights in and to the information or contents of its submission or proposal. 17. GUARANTY. The City may require some form of financial assurance from the successful Respondent. The City may request a letter of credit or performance bond from the successful Respondent. 18. RESPONDENT TO PERFORM OWN EXAMINATION. The Respondent shall perform its own examination and research required by this RFP, the proper method of doing the work and all conditions affecting the work to be done, and the labor, equipment, and materials needed thereon, and the quality of the work to be performed. The Respondent shall assume responsibility to become knowledgeable regarding all such conditions, and that Respondent’s conclusion to submit a proposal is based upon such investigations and research regarding all such conditions, and that Respondent shall have and make no claim against the City because of any estimates, statements, or interpretations made by an officer or agent of the City which may prove to be in any respect in error or erroneous. 19. QUESTIONNAIRE. To provide comparisons between software vendors and to determine if the proposed software meets the scope and requirements of the CITY, a questionnaire is attached to the Request For Proposals Form (Attachment “B”) and must be completed by the Respondent. Please indicate whether the proposed software meets the stated requirements by marking the “Yes” or “No” box. Mark “Yes” if the software fully meets the described requirement; mark “No” if the software does not meet the described requirement and cannot be configured to do so. For “No” responses, please provide an explanation in the comment section.


FACILITY RESERVATION SOFTWARE

ATTACHMENT “A”

* * * * * * * * * * * * *

Name of Respondent: Business Address: Phone:

The undersigned declares that the only entities or parties interested in this proposal as principals are

those named herein; that this proposal is made without collusion with any other person, firm or

corporation; that Respondent has examined the Specifications and hereby proposes to do all the work in

accordance with said Specifications for the unit prices set forth in the enclosed Schedule of Price

SIGNATURE OF RESPONDENT IN WITNESS WHEREOF, the individuals signing this proposal represent and warrant that they have the right, power, legal capacity, and authority to sign this proposal on behalf of the Respondent, and have caused this proposal to be executed by setting hereto their names, titles, and signatures at __________________ County, in the State of _____________________. RESPONDENT: _______________________________________________ ____________________ (Signature) (Date) _______________________________________________ (Name and Title of Signatories) _______________________________________________ (Legal Name of Respondent) _______________________________________________ (Address) _______________________________________________ (Phone Number)

City of Tracy, Facility Reservation Software RFP Attachment B 1


ATTACHMENT “B” QUESTIONNAIRE

Please complete the following questionnaire indicating whether the proposed software meets the following requirements by marking “YES” or “NO” in the corresponding fields.

For “NO” responses, please provide an explanation in the comments section, or list qualifications that may meet this criteria. “NO” responses do not necessarily disqualify Proposer.

YES = Vendor fully meets the described requirement

NO = Vendor does not meet the described requirement and cannot be made to do so

1. VENDOR BACKGROUND

ITEM DESCRIPTION YES NO COMMENTS

1 The Vendor has been in business for over 15 years

2

The Vendor has significant market presence as shown by

over 500 customer installations

3

The Vendor has established partnerships with other

municipal agencies within the State by having over 80

municipal customers

4

The Vendor has demonstrated scalability by being in use by at least 50 organizations that serve a population of 80,000

or more

5

The Vendor has demonstrated financial growth and stability by showing annual revenue

growth of at least 5% per year over the past 5 years

6

The Vendor’s development and quality assurance

departments are distinct to ensure thorough testing



7

The Vendor has over 100 support and implementation staff members dedicated to

the proposed software

8

The Vendor offers local user group meetings on an annual basis to review new product developments and updates, and to provide a forum for

customers to relay input and questions

9 The Vendor conducts annual customer satisfaction surveys

10

The Vendor has a live customer support department

that is available 24 hours a day, 7 days a week

11 Live support is available via

the Internet 24 hours a day, 7 days a week

12

All support call and incidents are tracked, and are closed on

a first call rate of 80% or higher

2. TECHNICAL REQUIREMENTS

2.1 HOSTED SERVER-BASED SOFTWARE REQUIREMENTS


1 Software provides true client/

server solution

2 Front end client is browser based (with no additional

software needed on client)

3 Software is supported under the most common browsers (Internet Explorer, Chrome,

Firefox, and Safari)



4

Software is compatible with most recent versions of these

browsers (Microsoft 7 and above, Chrome version 8 and above, Firefox version 4 and above, Safari version 4 and

above)

5 Software has forward

compatibility with new releases of browsers

6 Software is compatible with SQL Server 2008R2 64 bit

7 Software is compatible with Windows Server 2008R2 64 bit

8 Ability to export financial transactions for financial

system input

9 Software has Active Directory Integration for user accounts

10 Vendor provides 24 hour, 7 day

a week technical support services

2.2 HOSTED SOFTWARE REQUIREMENTS


1 Software provides true client/

server solution

2 Front end client is browser based (with no additional

software needed on client)

3

Software is supported under the most common browsers (Internet Explorer, Chrome,

Firefox, and Safari)



4

Software is compatible with most recent versions of these

browsers (Microsoft 7 and above, Chrome version 8 and above, Firefox version 4 and above, Safari version 4 and

above)

5 Software has forward

compatibility with new releases of browsers

6 Vendor provides daily backups of database

7 Hosted completed by vendor and not outsourced to outside

companies or consultants

8 Vendor provides SLAs for uptime

9 Ability to export financial transactions for financial

system input

10

Entire solution (including all backend components like the

operating system and database) is supported by

vendor

11 Vendor provides 24 hour, 7

day a week technical support services

3. SYSTEM REQUIREMENTS


1

Hosted software provides 56 KB accessibility for customers without Internet broadband

access

2 Software is compliant with

current PCI-DSS for credit card processing



3

The system’s subsidiary ledger can be automated to integrate with Financial Systems on an

accrual accounting basis

4 System is password protected

5 Users (staff) can change their own password at any time

6 Passwords are saved in encrypted format in the

database or restricted server file

7 Passwords cannot be viewed by anyone other than the password

holder

8 Password is not displayed while being typed

9 System has integrated credit card authorization

10 System has integrated

Electronic Fund Transfer authorization

11 System has a full accounting

audit trail that shows the history of client transactions made

12 System uses accrual accounting in all modules

13

System prevents “run-away” searches that can lock-up a selection or search (rental booking, class registration,

membership)

14

System allows authorizations and passwords to be

administered according to a pre-defined client profile or user role

that determines which applications, processes, and

modules that a person is permitted access to



15

System has ability to search by partial entry of the sought value

(i.e. – search for RO returns Rogers, Rodriguez, Roberts)

16

Ability to quickly retrieve clients by name, phone number, address, organization or

membership ID.

17

Ability to handle multiple data formats (i.e. – dd-mm-yyyy,

yyyy/mm/dd, etc.) for both input and output

18

System automatically checks for existence of duplicate database

entries when adding new records and if found, displays an

appropriate warning message

19

System has customizable alert messages that appear when certain individuals, families,

organizations, facilities, programs, etc. are accessed

20

Ability to group individuals as families and organizations (i.e. – Sarah Smalls lives at 123 Main

Street, but also belongs to Hometown Sluggers)

21 System allows people to belong

to more than one family or organization

22 Ability to designate, or modify, one individual as the primary

contact

23 Ability to view individual, family or organization’s entire account

history on one screen

24 Ability to merge information from duplicate records



25 Ability to flag accounts (i.e. – freeze accounts or input alert

warning)

26 Ability to easily determine a

customer’s account balance or credit

27

The system allows the System Administrator to create user “profiles” that allow security rights to various functions or modules of the system. Each

user can be given a read/write or read-only access to the

system

28

The system allows staff users to access customer data from mobile locations via Internet

browser

29

The proposed system has been designed, programmed and developed by the proposed

Vendor. Please list any application, programs or products that have been

supplied by subcontractors or other entities

30 Vendor utilizes a redundant

Internet server and/or database server to ensure data integrity

31

Modules required to support system maintenance, financial management, facility booking, program registration, online e-commerce, memberships and point of sales are included in

the proposal

32 There is no limit on data storage capabilities



33

System provides for streamlined transfer of data

from CLASS (current software) to proposed software

34 System can support multiple user accounts at numerous

locations

35 Software updates are included in the proposal package and

are continuous

36 Software updates are

performed so as not to interrupt business operations

4. ACCOUNTING/ FINANCIAL SYSTEM REQUIREMENTS


1 System adheres to GAAP and GASB accounting standards

2 Ability to store GL accounts in alphanumeric fields up to 18

characters long

3 Ability to establish individual

GL accounts for various fees, programs, or areas

4 Revenue remittance can be divided between GL accounts

5

Ability to accept multiple payment options such as cash, check, electronic check, credit

card (VISA, Master Card, AMEX), and gift certificates

6 Ability to produce gift certificates

7 Ability to handle combined payment types

8 Ability to handle single

payment type for multiple transactions


9

Ability to link payments to specific charges (i.e. –

customer wants to pay for rental deposit now, but pay rental fees at a later time)

10 Ability to deny a check due to insufficient funds

11

Ability to print a daily deposit report categorized by different

payment method and by user/location

12 Ability to track unbalanced daily entries

13 Ability to handle payment for memberships, discounts or

vouchers

14 Ability to accept payment from customers not listed on family

account

15 Customer financial information is not housed on site

16 System has electronic fund transfer capability

17 Ability to charge cancellation or

withdraw fees

18

Ability to process and calculate refunds, credits, prorated refunds, perform account

adjustments and track which user processed the request

19

Ability to create a refund file including vendor payment

information to interface with City’s financial system

20

Ability to create and process refund checks within the

application and export financial transactions to City’s financial

system



21

All modules of the system share customer account history

(i.e. – customer’s financial activity appears in program

registration and facility reservation module)

22

System displays user that voided a transaction on a

customer receipt, voucher or report

23 System accommodates non-resident surcharges

24 Ability to limit surcharge and discounts to a set maximum

25 System allows customers the

option of keeping credit balance or receiving refund

26 Ability to generate an itemized

account balance statement upon customer’s request

27

System produces statements outlining customer account

credits, withdrawals, or amendments

28

System can create payment plans for customers on a

weekly, bi-weekly or monthly basis

29

System can produce daily close-out deposit reports:

• Cash receipt and cash distribution, listing all receipts processed, payment type and total

• Account distribution summary, showing all payment distributions

30 System can produce monthly and yearly financial reports



31

Daily, monthly and yearly financial reports can be

specified by date range, receipt numbers, account users, etc.

32 Ability to re-print receipts and permit contracts

33 System can produce net

revenue reports by facility, program, or revenue account

34 System can print refund reports

specified by date range, customer account, or user

35 System produces report of

charges and payments past due or coming due

36

System provides ability to post adjustments to account

balances with administrative approvals

37

System can export daily financial data to external

accounting systems, email accounts, and in Text, Excel

and PDF formats

38 Ability to create ad-hoc reports

39 Ability to use ad-hoc report writers such as Crystal Reports

40 Ability to use common merchant payment gateways

41 Ability to use multiple merchant accounts based on activity

5. FACILITY RESERVATION


1

Facility Data Fields are to include the following elements:

Facility Code/ ID Facility Name


Facility Type Rooms within Facilities

Facility Notes (i.e. – equip or materials housed in rooms) Opening and Closing Hours

Overlapping Facilities Maintenance or Closed Dates

Default Permit Disclaimer Minimum Reservation Time Keyword Search Capability

2 System will allow entry and

management of multiple facilities

3

Facility rental price list allows for unique charges based on user type (i.e. – non-profit,

private, commercial, government)

4 Facility rental availability can be viewed via calendar and

spreadsheet

5 System can produce facility usage reports

6 System can produce mailing list for facility users

7

System allows for default charges to be entered for

facility types, customer types, and unique charges

8 System provides for restricted facility bookings based on user

9 Ability to enter new facility

reservations, produce contracts and receipts

10 System prevents double

booking of the same facility or room within facility

11 System recognizes facilities

that may overlap and provides for individual booking of each



12

System allows for multiple facilities to be rented by a

single customer in one step, without multiple entries or

permits

13

Bookable areas are able to have a relationship with other

facilities whereby if one is booked the other automatically becomes unavailable to avoid double bookings. For example,

a field where a baseball diamond overlaps with a

soccer field

14 Ability to categorize bookable

areas by type, capacity, facility, etc.

15 Ability to record facility location

(e.g. address, district, major intersection, etc.)

16

Ability to record available hours with prime and non-

prime hours for each bookable area

17 Ability to track available

equipment and amenities for each facility/bookable area

18

Ability to track function (e.g. what type of event) and

specify by facility the types of functions that can take place

there

19

System has default function-related set-up and take-down times that can be modified if

required



20

Ability to track multiple configurations of the same

bookable area (e.g. a pool with two movable bulkheads can be set-up and booked in 50+ multiple configurations, etc.)

21

Ability to schedule all indoor and outdoor facilities including

park picnic areas, meeting rooms, City Council Chambers, lobbies,

Community Center, sports fields, swimming pools,

outdoor auditorium, campus area, classrooms, etc.

22

Ability to block off times for administrative purpose,

including repeating. These should not require all the information needed for a

public rental such as fees, description, contracts, etc.

23

Ability to perform availability search by complex, facility type, facility, bookable area

type, bookable area, capacity, amenities etc.

24

Ability to handle cross-day bookings (e.g. starting at 9:00 pm and finishing at 2:00 am

the next day).

25 Ability to put facilities on short-term (“tentative”) hold without

payment.



26

Ability to prompt and track any forms or special requirements related to the activity held (e.g.

alcohol permit, insurance waiver is required).

Ability to automatically determine set-up and take-

down times related to function. There is no need to book set-

up and take-down times separately

27

Ability to schedule payments as due immediately, first of

month, last of month, on day of booking, and X number of

days before the event

28

Ability to print updated contracts, amendments only, or both, without loss of initial

booking information

29 Ability to assign surcharges – lifeguard fees, detailed costs,

etc.

30

Ability to generate multi bookings based on daily,

weekly, bi-weekly, monthly, or specific dates

31 Ability to view payments – how much, what kind of transaction,

who took payment

32

Ability to include comments on permit giving customer

additional information, specific rules or policy

33

Ability to locate permits by contract number, rental date,

customer name or group name.



34 Ability to view pop-up screens giving staff information about

specific policies or rules.

35

Edit, print or view the booking schedule for any center or operation by day, week,

month, room or area.

36

Ability to automatically “roll-over” contracts for the next

year. Staff does not need to re-key booking information.

37

Ability to integrate with the Program Registration system

so that facilities can be booked as programs are set up. There

is no need for staff to enter data twice.

38

Ability to assign a unique transaction number for each booking. This number should be printed on the contract and

all booking related screens and reports

39

Bookings are made in a graphical manner using a

date/time grid/calendar with mouse drags to select time

periods. User does not have to manually type any time periods

40 Ability to easily display &

create custom display formats for graphical booking

41

Ability to create a waitlist when the desired time block is not available. This list should not require payment or full rental detail. It should only record

name, phone number, date/time, and facility



42

Ability to repeat modifications. (e.g. A clerk needs to modify a rental from ending at 7 PM to 8 PM. If the rental has 20 days booked the clerk should have the option to modify the first

entry and repeat the changes to all other days)

43 Cancellation reasons are table driven (for statistical tracking)

44 Contracts or permits can be emailed to the client

45

Ability to generate a report to highlight confirmed bookings for which a deposit has not

been received in excess of 14 days

46 Ability to pull up and use client information on those who have

made previous reservations

47 Ability to assign more than one G/L account to a facility

48 Ability to print mailing list (labels)

49 Ability to generate email distribution list

50

System allows for entry and storage of “standard” facility

setup procedures or instructions which can be customized by facility and

attached to the user receipt/permit

51

System displays list of all available facilities or allows

narrowed search of facilities by category, area, type and/or

amenities



52 Participant city will

automatically prefill with corresponding zip code

53

System allows for tentative reservations that require

approval by supervisor, and will notify supervisor via email

of approval request

54

System includes permit approval tracking feature that allows users to setup email

based approval tracking that require sign-off from other staff

or departments

55 System allows user to search

for a block of open time between specified dates/times

56

Facility Data Fields are to include the following elements:

Facility Code/ ID Facility Name Facility Type

Rooms within Facilities Facility Notes (i.e. – equip or materials housed in rooms) Opening and Closing Hours

Overlapping Facilities Maintenance or Closed Dates

Default Permit Disclaimer Minimum Reservation Time Keyword Search Capability

57 System allows entry and management of multiple

facilities

58 System can produce facility usage reports

59 System can produce mailing list for facility users




60

System allows for default charges to be entered for

facility types, customer types, and unique charges

61 System provides for restricted facility bookings based on user

62 Ability to enter new facility

reservations, produce contracts and receipts

63 System prevents double

booking of the same facility or room within facility

64 System recognizes facilities

that may overlap and provides for individual booking of each

65

System allows for multiple facilities to be rented by a

single customer in one step, without multiple entries or

permits

66

Ability to categorize bookable areas by type, capacity,

facility, etc. (e.g. a bookable area is of type “meeting room”,

has a capacity of 20 people, and is located in “Memorial

Arena”, etc.)

67 Ability to record facility location

(e.g. address, district, major intersection, etc.)

68

Ability to record available hours with prime and non-

prime hours for each bookable area

69 Ability to track available

equipment and amenities for each facility/bookable area



70

Ability to track function (e.g. what type of event) and

specify by facility the types of functions that can take place

there

71

System has default function-related set-up and take-down times that can be modified if

required

72

Ability to track multiple configurations of the same

bookable area (e.g. a pool with two movable bulkheads can be

set-up and booked in 50+ multiple configurations, etc.)

73

Ability to schedule all indoor and outdoor facilities including

park picnic areas, meeting rooms, City Council Chambers, lobbies,

Community Center, sports fields, swimming pools,

outdoor auditorium, campus area, classrooms, etc.

74

Ability to block off times for administrative purpose,

including repeating. These should not require all the

information needed for a public rental such as fees,

description, contracts, etc.

75

Ability to perform availability search by complex, facility type, facility, bookable area

type, bookable area, capacity, amenities etc.



76

System has mapping capabilities to provide aerial views of facilities that can be

printed for customers

77 System has ESRI GIS integration capabilities

6. SPORTS LEAGUE MANAGEMENT


1 System configures exact

league structure including all parent and child leagues

2

System can customize league names, descriptions, start and

end dates, non-play dates, and other details pertaining to

league

3

System can coordinate league schedules using a calendar to display information on dates,

times and game sites

4 System synchronizes league

scheduling with facility booking module

5

System allows user to specify the maximum number of

hours or games designated to the league per week

6 System allows user to

schedule, cancel or transfer league games

7 System can assign players to each team and each team to

a game

8

When a date is modified in the system, the specified game site is reserved unless it is

unavailable



9 System has validation rules in

place to prevent facility or team conflicts

10

System allows users and specified online users to view

team games, players and schedules

11

System can track all game results including: scores, ties,

cancelled or postponed games

12 System can administer all

information for officials including contact coordinates

13

System can create a mailing list to support email communication to coaches,

players and officials

14 System allows customers to

register for City leagues online

15

System provides alerts and email blasts for rainouts,

game cancellations and other notifications

16

System allows coaches and officials with special logins to access team rosters, scores

or updates online

17 System has mapping

capabilities to show locations of sports fields and parks

7. COURSE REGISTRATION


1 Ability to track programs

including name, type, level, prerequisites, restrictions,


program capacity, equipment required,

instructor names, extra fees, account contact info, method of registration, and special instructions to be

printed on receipts.

2

Ability to track classes including the class dates, location, class capacity,

start/end times, min/max class sizes, instructor, registrant

info, etc

3

System has table-driven course fees (if a course fee changes, the administrator

can simply change the fee in one place without having to change the fee in multiple

places)

4

Ability to quickly duplicate existing courses - so that

courses with similar details do not have to be entered from

scratch - using standard Windows copy & paste

functionality

5 New course registration ID

numbers or codes auto-generate

6

Ability to restrict certain activities to only those customers that have a particular membership

7

Ability to enforce minimum & maximum ages required for course registration. Min. &

max. age fields are optional in course set-up (e.g. they are

not mandatory)



8

The system calculates age based on the start date of

course rather than the date of registration

9

Ability to copy course info from one session to another to facilitate the creation of

upcoming seasons. Staff does not need to re-create the

course each session

10

Ability to have dates incremented when rolling

activities forward (i.e. a block of programs will automatically have their dates adjusted to a

given start date)

11

Ability to block dates off for statutory holidays and have the system adjust program dates. Holidays should be

adjustable by location

12

Facilities can be automatically booked from within the

registration module while setting up programs (e.g.

without having to launch the facilities scheduling module)

13

Ability to identify holidays dates and exclusion dates and specify these dates on

the receipt

14 System prevents duplicate

registrations

15

Ability to track prerequisites for a particular course

(including displaying an automatic alert message if a

prerequisite has not been met)



16

Ability to track emergency contact info including name, address, phone, fax of the

contact person

17

Ability to determine the number of classes that were full and/or overbooked during

a season

18

Ability to track special requirements on an individual

user basis (e.g. “Note: this customer is a diabetic”, etc.)

19

Ability to do any advanced course search by a number

of criteria including date ranges, specific dates, am/pm, ages, facilities,

topics, etc.

20

Ability to handle all aspects of withdrawing customers (a

single customer or all participants of a class) from courses including tracking of

withdrawal reasons (table driven), withdrawal

confirmation, admin fees, refunds, etc.

21

Ability to handle all aspects of course cancellations

including tracking of course cancellation reasons (table

driven), cancellation notification, admin fees,

refunds, etc.

22

Ability to transfer members from one activity to another

activity



23

Ability to issue a global discount or adjustment for an

entire course or program area. (e.g. Give a $5 credit to everyone registered in Flag Football, because one night was cancelled due to lawn

maintenance)

24 System supports wait listing of program requests

25

If a class size is increased or an opening becomes

available due to cancellation, waitlisted registrants will be

dropped into the queue before any new registrants.

Ability to track course attendance on a per class

basis

26

System tracks the following instructor information: name,

address, phone numbers, certifications, skills, awards, contract payment type (fixed,

percentage or variable)

27

Ability to track instructors as well as type and expiry dates

for skills, qualifications, certificates, etc. of instructors

28 Ability to generate

customizable contracts for instructors

29 System allows multiple

instructors to be assigned to a single activity

30 Ability to assign one

instructor to more than one activity



31

System allows user to enter expenses and instructor

payments against activities. Expenses can then be reported via instructor

payment reports and net revenue reports

32 System allows user to

produce weekly instructor schedules

33

Ability to use multiple GL accounts for one course and assign a percent of revenue

received to each

34

Text may be entered for activities including a

description of the activity, which will appear in the brochure/program guide

35

Brochure Sync can be performed to export course

information entered into system for import into main

Brochure creation application

8. ONLINE SERVICES


1

Internet system offers the ability to dynamically

generate .html Internet pages and post activity related to reservation and registration modules without redundant

entry

2 Ability for designated users to customize the content of the

Internet site



3

Ability for designated users customize the “look and feel” of the Internet site to match

that of the City’s Internet site

4

Ability for customers to easily locate the information they are searching for (within 3

clicks)

5 Ability for staff to post images, graphics, and movies on the

Internet site

6

Ability for Internet site to connect and post to social media outlets for greater

marketing exposure (Facebook, Twitter, Pinterest,

etc.)

7 Ability for the public to view and book rentals or register

for classes online

8

Each user has a personal ID number and password which

can be generated online without staff support

9 Internet system prevents

duplicate accounts from being create by the same user

10 Internet system allows users

the ability to see available rental facilities before booking

11

Ability for system administer to designate customers, time frames and usage limits for online sports field bookings

12 Internet system allows user the ability to see available classes before registering



13

The hosted online system uses SSL technology to

ensure the security of the customer’s financial

information

14 Internet system allows staff

users to post rental or registration information online

15

Internet system currently has over 75 organizations taking

live Internet facility reservations and course registrations in a non-test

environment

16

Internet system currently has over 75 organizations employing payment processing online

17 Internet system operates in “real-time”

18

Ability for customers to create a private user account to view current and past transactions,

receive updates from staff, maintain family users, print

receipts, etc.

19 Sensitive information sent

through the browser is encrypted

20 Ability to renew or sell memberships online

21 Ability to sell gift certificates online

22 Ability to sell tickets for special events online



23

Internet system allow for set-up of customizable questions for customers to respond to during checkout. Responses

can be viewed in a report.

24 Ability to survey customer

feedback online

25 Internet system allows staff to

create separate enrollment periods for classes

26 Internet system allows the

option of applying a discount to online customers

27

Ability to provide customer refunds if request is made within specified time frame

28

Internet system offers the ability to determine the

residency status of online customers and apply separate fees and enrollment periods for resident and non-resident

customers

29

Internet system allows customers to make payments on their payment plans and add credits to their account

30

Ability to view and print out calendar schedules of

customer class enrollments or rentals

31

Ability to generate reports to track Internet registration, customer feedback and

revenue generated through Internet sales



32

Internet system is synchronized between

information inputted by staff and online users (prevent duplications or conflicts)

33

Internet system offers the ability for customers to search facilities online by reservation

type, facility type, location, area, amenities, capacity, date

and time

34

Internet system allows staff to approve or deny rental

requests prior to finalizing rental by sending approval

requests via email to specified staff

35 Internet system allows staff to generate a report showing all

Internet facility reservation

36

Internet system provides user access to interactive maps that display locations and

availability of facilities

37 Ability to link virtual catalogs to

homepage and registration page

9. MEMBERSHIPS


1 Ability to verify and add clients to “membership” file

2

System handles date based (e.g. valid for 30 days) and

punch card style (e.g. Valid for 10 visits) membership passes



3 Ability to set up any validity

length (e.g. 3 months, 1 year, etc.)

4

Ability to restrict validity to certain days, times, etc. (e.g. prime-time, non prime-time,

weekends only, etc.)

5 Ability to restrict validity to a

certain facility or group of facilities

6

Ability to restrict use to customers within certain age ranges (e.g. between 13 and

18, over 18, etc.)

7 Ability to assign memberships

and passes to individuals, families, and organizations

8 Ability for system-enabled

automatic membership renewal

9 Ability to generate

membership renewal notices: listing, mailing labels, email

10

Ability to track membership cancellation reasons.

Cancellation reasons are table driven to facilitate gathering of

statistics

11 Ability to assign multiple memberships to a single

customer

12

Ability to generate membership pass usage statistics – daily, monthly,

quarterly, yearly breakdowns

13 System has full barcoding / magnetic stripe scanning

capability



14

Barcode / magnetic stripe scanning retrieves customer

information instantly. No manual search is required

15

System provides unattended access control (e.g. customer scans own membership card

and door unlocks if card is valid at that particular time at

that particular facility)

16

System can manage all aspects of the card production process including maintaining

customer data, capturing digital images, encoding

magnetic stripes and/or smart cards, and physical printing of

the cards on site

17

Ability to assess extra fees to memberships (e.g. towel

service charge, locker rental charge, etc.)

18

Ability to allow surcharges (e.g. non-resident fees, etc.) and discounts (e.g. summer

specials, etc.) on memberships

19

Ability to use multiple GL accounts for one membership plan and assign a percent of

revenue received to each

10. POINT OF SALES MANAGEMENT


1

Point of Sale (POS) module provides full cash

register/point of sale functionality (e.g. system can

fully replace cash register)



2

POS is fully integrated with other system modules. (e.g.

taking a payment for a program automatically opens the POS module and pulls the

balance forward)

3

POS and other modules have access to the same account

balance. (e.g. Parent can put a $200 credit on account and the registrant can use that

credit through POS.)

4

Ability to record and track a variety of sales transactions including snack bar sales,

retail sales (e.g. t-shirt, sports equipment, etc.), membership

sales, rental charges, etc.

5 Items can be set-up as a

specific price (PLU) or as an open price (department)

6

A pop-up prompt can be assigned to a POS individual

item to ask a specific question and record the response

7

A drop in item (e.g. adult swim) can be tagged as an

attendance item. This attendance can be reported on

individually or as a consolidated attendance

report for programs, rentals, memberships and drop ins

8 Ability to record and calculate taxes by commodity

9 Ability to supply customers with itemized receipts



10

Receipts are numbered in order to allow for the

identification of transactions and to provide a full audit trail

11 Ability to assign particular sales to preset keys

12

Ability to display cash transactions including balance

owing and change to be returned

13

Cashiers have the ability to use different terminals in a

given day and the transactions specific to a user are

accumulated as one total for the day. Similarly, the number of users on a single register is

not limited

14

Ability to update programming centrally (e.g. for pricing changes, tax changes,

changes to product mix, etc.)

15

System accommodates reporting on a centralized

basis (e.g. system-wide totals) as well as on a local basis (e.g. totals for a particular

station only)

16

Ability to print a detailed transaction record (e.g.

traditionally through a second tape)

17

Ability to summarize transactions, payment type,

general ledger account, location

18 Ability to accept/process gift

certificates, coupons, vouchers



19 POS module accommodates multiple payment methods

including cash, checks, and credit cards

20

System includes locking cash drawers including automatically opening them when a particular transaction is completed

21

System can utilize two cash drawers connected to the

same terminal and assigned to different users

22 Touch screen functionality available

23 Pop-up keyboard and number pad available on touch screen

24 System can print

UPC/SKU/barcode labels for items

11. PUBLIC OUTREACH & MARKETING FEATURES


1

System can track contact information for all accounts, including mail, email, and

phone number

2 System can assign customers to demographics list based on

an integrated question tool

3

System allows specified users to view usage patterns,

receipts, demographics and answers to customized questions or surveys

4

System can assign interest lists to activities to track

customer preferences based


on registration or facility rental patterns

5 System allows both staff and

customers to manage subscription lists

6

System provides an automated email and mail list

building tool to segment marketing audiences

7 System allows email blasts to be sent via phone text or email

8 Ability to print mailing labels based on user lists

9 System allows pdf, jpeg and tiff files to be importer into

email blasts

10

System allows users to export activity or program information

into email blasts or phone texts


11

Software vendor provides marketing support services as

part of the license package which can assist with boosting

Internet activity and community engagement

12 Ability to accept customer donations via Internet

AREA INTENTIONALLY LEFT BLANK



ATTACHMENT “C”

* * * * * * * * * * * * *

RFP Submittal Checklist (submit with completed proposal) Section Item Submitted 5.1 Executive Summary 5.1 Signature Page (Attachment A) 5.1 Insurance Certificate (or letter of intent to

provide insurance certificate)

5.2 Company Background 5.3 Statement of Qualifications 5.3 RFP Questionnaire (Attachment B) 5.4 Description of Proposed Software 5.5 Personnel Assigned to Project 5.5 Implementation Strategy 5.6 Technical Aspects of Software 5.7 Maintenance Support/ Warranty 5.8 Price Proposal 5.9 Client References 5.10 Project Management Schedule 5.11 Sample Service Agreement

City of Tracy, Facility Reservation Software RFP Attachment D 1

ATTACHMENT “D”

SAMPLE CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT FACILITY RESERVATION SOFTWARE

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into by and between the CITY OF TRACY, a municipal corporation (hereinafter “CITY”), and __________ (hereinafter “CONSULTANT”).

RECITALS

A. CITY desires to contract for hosted server or web-based Facility Reservation

Software services to improve in-house and online customer service, and operational efficiencies.

B. On ___, CITY issued a Request for Proposals for Facility Reservation Software

services (hereinafter “Project). C. On ___, CONSULTANT submitted its proposal for the Project to the CITY. After

negotiations between the CITY and CONSULTANT, the parties reached an agreement for the performance of services in accordance with the terms set forth

in this agreement. D. On _____, the Tracy City Council authorized the execution of this Agreement, pursuant to Resolution No. ______.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. CONSULTANT shall perform the services described in

Exhibit “A” attached hereto and incorporated herein by reference. The services shall be performed by, or under the direct supervision of, CONSULTANT’s Authorized Representative: __________. CONSULTANT shall not replace its Authorized Representative, nor shall CONSULTANT replace any of the personnel listed in Exhibit “A,” nor shall CONSULTANT use any subcontractors or sub-consultants, without the prior written consent of the CITY.

2. TIME OF PERFORMANCE. Time is of the essence in the performance of services

under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. CONSULTANT shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times


for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CONSULTANT shall submit all requests for extensions of time to the CITY in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. CITY shall grant or deny such requests at its sole discretion.

3. INDEPENDENT CONTRACTOR STATUS. CONSULTANT is an independent

contractor and is solely responsible for all acts of its employees, agents, or sub-consultants, including any negligent acts or omissions. CONSULTANT is not CITY’s employee and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY as an agent, or to bind the CITY to any obligation whatsoever, unless the CITY provides prior written authorization to CONSULTANT. Contractors and consultants are free to work for other entities while under contract with the CITY. Contractors and consultants are not entitled to CITY benefits.

4. CONFLICTS OF INTEREST. CONSULTANT (including its employees, agents, and

sub-consultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that CONSULTANT maintains or acquires such a conflicting interest, any contract (including this Agreement) involving CONSULTANT’s conflicting interest may be terminated by the CITY.

5. COMPENSATION.

5.1. For services performed by CONSULTANT in accordance with this Agreement,

CITY shall pay CONSULTANT on a time and expense basis, at the billing rates set forth in Exhibit “__,” attached hereto and incorporated herein by reference. CONSULTANT’s fee for this Agreement is Not To Exceed $ . CONSULTANT’s billing rates shall cover all costs and expenses of every kind and nature for CONSULTANT’s performance of this Agreement. No work shall be performed by CONSULTANT in excess of the Not To Exceed amount without the prior written approval of the CITY.

5.2. CONSULTANT shall submit monthly invoices to the CITY describing the

services performed, including times, dates, and names of persons performing the service.

5.3. Within thirty days after the CITY’s receipt of invoice, CITY shall make payment

to the CONSULTANT based upon the services described on the invoice and approved by the CITY.

3. TERMINATION. The CITY may terminate this Agreement by giving ten days

written notice to CONSULTANT. Upon termination, CONSULTANT shall give the CITY all original documents, including preliminary drafts and supporting


documents, prepared by CONSULTANT for this Agreement. The CITY shall pay CONSULTANT for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

7. OWNERSHIP OF WORK. All original documents prepared by CONSULTANT for

this Agreement, whether complete or in progress, are the property of the CITY, and shall be given to the CITY at the completion of CONSULTANT’s services, or upon demand from the CITY. No such documents shall be revealed or made available by CONSULTANT to any third party without the prior written consent of the City.

8. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this

Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

9. INDEMNIFICATION. CONSULTANT shall indemnify, defend, and hold harmless the

CITY (including its elected officials, officers, agents, volunteers, and employees) from and against any and all claims, demands, damages, liabilities, costs, and expenses (including court costs and attorney’s fees) resulting from or arising out of CONSULTANT’s performance of services under this Agreement.

10. BUSINESS LICENSE. Prior to the commencement of any work under this

Agreement, CONSULTANT shall obtain a City of Tracy Business License. 11. INSURANCE.

11.1. General. CONSULTANT shall, throughout the duration of this Agreement,

maintain insurance to cover CONSULTANT, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

11.2. Commercial General Liability (with coverage at least as broad as ISO

form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

11.3. Automobile Liability (with coverage at least as broad as ISO form CA 00

01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

11.4. Workers’ Compensation coverage shall be maintained as required by

the State of California.


11.5. Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of CONSULTANT in an amount not less than $1,000,000 per claim.

11.6. Endorsements. CONSULTANT shall obtain endorsements to the automobile and commercial general liability with the following provisions: 11.6.1 The CITY (including its elected officials, officers, employees,

agents, and volunteers) shall be named as an additional “insured.”

11.6.2 For any claims related to this Agreement, CONSULTANT’s coverage shall be primary insurance with respect to the CITY. Any insurance maintained by the CITY shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

11.7. Notice of Cancellation. CONSULTANT shall obtain endorsements to all

insurance policies by which each insurer is required to provide thirty (30) days prior written notice to the CITY should the policy be canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.

11.8. Authorized Insurers. All insurance companies providing coverage to

CONSULTANT shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

11.9. Insurance Certificate. CONSULTANT shall provide evidence of

compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City, no later than five days after the execution of this Agreement.

11.10. Substitute Certificates. No later than thirty days prior to the policy

expiration date of any insurance policy required by this Agreement, CONSULTANT shall provide a substitute certificate of insurance.

11.11. CONSULTANT’s Obligation. Maintenance of insurance by the

CONSULTANT as specified in this Agreement shall in no way be interpreted as relieving the CONSULTANT of any responsibility whatsoever (including indemnity obligations under this Agreement), and the CONSULTANT may carry, at its own expense, such additional insurance as it deems necessary.

12. ASSIGNMENT AND DELEGATION. This Agreement and any portion thereof shall

not be assigned or transferred, nor shall any of the CONSULTANT’s duties be delegated, without the written consent of the CITY. Any attempt to assign or delegate this Agreement without the written consent of the CITY shall be void and


of no force and effect. A consent by the CITY to one assignment shall not be deemed to be a consent to any subsequent assignment.

13. NOTICES.

13.1 All notices, demands, or other communications which this Agreement

contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the respective party as follows:

To CITY: To CONSULTANT: _______________________________ _____________________________ _______________________________ _____________________________ _______________________________ _____________________________ With a copy to: City Attorney 333 Civic Center Plaza Tracy, CA 95376 13.2 Communications shall be deemed to have been given and received on the

first to occur of: (1) actual receipt at the address designated above, or (2) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

14. MODIFICATIONS. This Agreement may not be modified orally or in any manner

other than by an agreement in writing signed by both parties. 15. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute

a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

16. SEVERABILITY. In the event any term of this Agreement is held invalid by a court

of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.

17. JURISDICTION AND VENUE. The interpretation, validity, and enforcement of the

Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

18. ENTIRE AGREEMENT. This Agreement comprises the entire integrated

understanding between the parties concerning the services to be performed for this project. This Agreement supersedes all prior negotiations, representations, or agreements.


19. COMPLIANCE WITH THE LAW. CONSULTANT shall comply with all local, state, and federal laws, whether or not said laws are expressly stated in this Agreement.

20. STANDARD OF CARE. Unless otherwise specified in this Agreement, the

standard of care applicable to CONSULTANT’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

21. SIGNATURES. The individuals executing this Agreement represent and warrant

that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.

CITY OF TRACY CONSULTANT

__________________________ __________________________ By: Brent H. Ives By: Title: MAYOR Title: Date: _____________________ Date: ______________________

Fed. Employer ID No. _________

Attest: __________________________ [Note: Depending on type of entity By: Sandra Edwards more than one signature may be Title: CITY CLERK required] Date: _____________________

Approved As To Form: __________________________ By: Daniel Sodergren Title: CITY ATTORNEY Date: _____________________