DOCUMENT MANAGEMENT SYSTEM

DOCUMENT

MANAGEMENT

SYSTEM

Request for Proposal

May 12, 2014

City of Redlands 35 Cajon Street Redlands, CA 92373

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DOCUMENT

MANAGEMENT

SYSTEM

The City of Redlands is seeking a company to provide contract and document scanning and indexing services for its departments. The City is also seeking to purchase and implement a Document Management System software.

After evaluating the proposals, if deemed necessary no more than three (3) vendors will be selected to present their proposed service to the City’s representatives. Presentations, if deemed necessary are scheduled for early May 2014.

Response instructions are contained in Sections 2 and 3 of the Request for Proposal (RFP)

document.

Section 3 of the RFP contains feature/function and other information worksheets. Please complete these worksheets using the electronic forms (MS Word format, etc.) and as directed in the RFP instructions.

Effort has been made to keep the RFP and feature/function listing as brief as possible. The proposal should include your responses to all of the technical specifications listed in this

RFP and, separate and apart from the technical responses, all costs associated with

training, implementation, hardware specifications, interface estimates, custom modification

estimates, annual maintenance, and support are to be included in a separate, sealed

envelope. All costs and information about costs must be separated from the proposal

itself and included in a separate, sealed envelope for consideration after the proposal has

been evaluated.

 Questions related to this RFP are to be directed to Danielle Garcia, Chief Innovation Officer, by email at [email protected], no later than Tuesday, May 20, 2014. Only written questions submitted by email by the above stated date will be accepted.

 Please submit your proposal by Thursday, May 29, 2014 at 5:00 pm P.S.T. –

electronically, either on a disc or thumb drive but not email, and in hard copy, as follows:

Four (4) copies sent to:

Danielle Garcia

Chief Innovation Officer

City of Redlands

35 Cajon Street, Suite 222 Redlands, CA 92373

Thank you for your participation. We look forward to reviewing your proposal. Sincerely,

Dana Abramovitz-Daniel Purchasing Services Manager

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PURPOSE

The City of Redlands is seeking a company to provide contract and document scanning and indexing services for its departments. This RFP will be the first phase of a comprehensive document management project. The first department to be included is Municipal Utilities and Engineering Department (MUED), with Development Services, Quality of Life, Finance, Human Resources, and others to follow in subsequent phases. The City is also seeking to purchase and implement a Document Management System software. The objectives of the service will be digitizing and indexing of documents for input into a Document Management System. Text documents are to be scanned in at a resolution consistent with OCR quality.

OBJECTIVE

The objectives for this project are to:

Reduce manual processes and increase productivity

Implement integration between the Document Management and other GIS-based City application’s

Improve MUED staff’s ability to access and interact with department documents Take advantage of newer technology

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The City of Redlands operates a computer network utilizing servers running the Windows 2003 and 2008 operating systems. The network infrastructure is currently undergoing an update. Windows XP and Windows 7 clients communicate with the servers using Cisco switches. The City’s main offices located at the Civic Center (Municipal Utilities and Engineering, Quality of Life, Development Services, and Finance) are connected via 1Gb fiber and remote sites will be interconnected using high-speed MPLS by June 30, 2014.

Currently data in the City is stored in a Dell Equalogic Storage Area Network and is backed up to a Symantec Backup Exec device, media tapes, external drives, and Windows SQL servers. The email system used by the City is Exchange 2010 and clients are comprised of 2003, 2007, 2010 and 2013 versions of Microsoft Outlook.

SPECIAL REQUIREMENTS

The following is a list of high level special requirements for the project. This list is not intended to be all-inclusive/exclusive or organized by specific software modules.

The vendor shall conform to Health Insurance Portability and Accountability Act (HIPAA) regulations when handling and scanning documents subject to those standards.

Proposed system must be provided by a well-established software vendor with a minimum install base of 10,000 implementations.

Proposed system must have robust training materials including manuals, e-learning, etc. The Vendor must adhere to the following:

Vendor must have demonstrated experience in exporting documents from a competitive document management system and importing into their proposed software solution. Vendor must provide the City with key contact for dedicated solution support and future troubleshooting.

Vendor must demonstrate expertise in analyzing the City’s current electronic file structure and recommend solutions to enhance and automate the City’s scanning processes.

Vendor must have technological credentials to demonstrate competence in the electronic document management space. Microsoft Certified Professionals are preferable. CompTIA CDIA+ certifications (or similar certifications) are required.

Vendor must provide a minimum of three (3) references of customers in local government, preferably in Southern California.

Vendor must provide on-site training at no additional charge to the City.

Vendor must provide contact information of the software developer support line, for City use if needed.

FEATURES AND FUNCTIONS REQUESTED

1. Proposed system must provide optional full integration into network scanning

appliances, including the ability to select scan destination and index directly from the panel.

2. Proposed system must facilitate electronic document storage and indexing. Indexes

must be stored in an ODBC compliant database.

3. Proposed system must store the images in their native file format, and not in a

proprietary or encrypted format.

4. Proposed system must have multiple interfaces for interacting with software used by the

City.

5. Proposed system must be scalable to hundreds of users and include both fixed and

concurrent licensing options.

6. Proposed system must provide simple integration between different software

applications whether they are web-based, or windows-based. Hot key and/or integrated button integration is preferable.

7. Proposed system must have API’s for a variety of programming languages.

8. Proposed system must provide Active Directory and single sign-on capabilities in all

available clients.

9. Proposed system must provide file version management with check-in/check-out

controls for the user.

10.Proposed system must provide indexing assisting capabilities.

11.Documents must be able to be scanned or printed directly into the electronic document

management system without requiring a hard copy.

12.Proposed system must provide document import via scanner, virtual printer, drag and

drop, hot folder monitoring, email monitoring, and browse to file.

In addition to these features and functions, please also identify the following for the software solution proposed:

Licensing requirements including system software, scanning stations and user viewing stations.

o Identify whether the software licensing is based on concurrent usage and

indicate how the usage is managed for scanning stations and user viewing stations.

Hardware and operating software requirements to support the DMS which will be provided by the City and number of users supported by these requirements.

Minimum and optimum PC specifications for scanning document. Minimum and optimum PC specifications for viewing images. The interface capabilities that the DMS supports.

Describe security capabilities and levels.

Describe availability and features for any application programming interface (API) within the DMS system.

Provide a list of other items not noted elsewhere that are required for implementation or maintenance of your system as well as an explanation of their benefits.

Provide System Architecture and Proposed System Diagram. Describe services including:

a) Implementation process for the DMS

b) Training and assistance available for implementation and on-going system support

c) Estimated time and schedule for implementation, training and data conversion d) Project personnel assignments and qualifications

PROCESS AND SCHEDULE

The City will review the proposals, evaluate the Document Management System solution, and finalize project scope of work. Using subsequent interviews, demonstrations, reference checks, and/or site visits, the City will then make a final decision.

The following is the current estimated timeline:

Selection Process Step Due Date(s)

Release and issuance of the Request for Proposal (RFP) May 12, 2014

Vendor submission of questions Up until May 20, 2014

Date for answering vendor questions Posted by May 23, 2014

Proposal due May 29, 2014 at 5:00 pm P.S.T.

Proposal evaluation May 2014

Demonstrations by vendor finalists TBD

Contract negotiations process June 2014

EVALUATION CRITERIA

Many key evaluation criteria were discussed in the needs assessment process. The criteria listed are in no particular order of importance:

Provide required software features and capabilities. The flexibility of the application software.

Seamless integration of the various system modules and the ability to meet the interface/integration requirements noted in this RFP.

The internal controls provided within the system which prevent unauthorized access to data and provide adequate audit trails.

Future technology direction (major changes in architecture, database, platforms, languages, etc.).

The expandability of the proposed solution, including the ease of upgrading the proposed system by adding components to accommodate future needs.

The amount of vendor support that will be available for installation, conversion, training, ongoing modification, and software support.

The total cost of the system over a 10 year period, including direct and indirect costs. All

costs and information pertaining to costs must be in a separate sealed envelope for

consideration after the proposal has been evaluated.

Vendor's performance record to date in meeting or exceeding the requirements of their existing customers.

EVALUATION PROCESS

Per Redlands Municipal Code 2.16.180B, all proposals need to be submitted in two separate sealed envelopes – one containing a response to the technical requirements and specifications required by this RFP and the other containing the proposer’s cost proposal.

This RFP will serve to procure services under a Best Value method, according to the Redlands Municipal Code below:

Redlands Municipal Code 2.16.170:

2.16.170: “BEST VALUE” FOR SPECIALIZED GOODS, NONPROFESSIONAL SERVICES, AND NON-PUBLIC PROJECT IMPROVEMENT WORK: From time to time, City may procure specialized goods, nonprofessional services and non-public project improvement work, on a “Best Value” basis, at the lowest cost commensurate with the quality and scope needed, subject to any limitations imposed by state or federal law. “Best Value” methodology is a procurement process solicited as a request for proposals which has functional specifications and evaluation criteria, which will allow the proposer to determine the manner in which to best meet the needs of the City. “Best Value” procurements shall be approved by the purchasing agent prior to the solicitation of any proposals. In addition to price, consideration will be given to quality and performance of the goods, services, or non-public project construction to be purchased. Criteria for determining the “best value” proposer shall include, but not be limited to, the following:

A. Ability, capacity and skill of the proposer to provide the goods, services or non-public project construction, as required by the City and within the time specified.

B. Character, integrity, reputation, judgment, experience, and efficiency of the proposer. C. Quality or performance of previous purchases from the proposer.

D. Ability of the proposer to provide future maintenance, repair parts and services for the use of the goods purchased.

E. Performance by the proposer under past contracts with the City and with other public or private entities.

F. Listing of contractor as "debarred" or determination of other public agency that the proposer has submitted a fraudulent proposal or bid within the prior five (5) years. G. Possession of required licenses, permits or other governmental approvals, if any, to

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Please include the following items, in the order listed below, in your proposal (index them in the same manner).

VENDOR PROPOSAL COVER PAGES

The Proposal Cover Page, Exceptions or Deviations to Specifications Page and the Proposer’s Certification Page should appear at the very beginning of your proposal. These forms are found in Section 3, Appendix F.

ABILITY TO MEET SPECIAL REQUIREMENTS

Please provide further information on overall system/solution’s ability to meet the City’s Special Requirements, including:

The vendor shall conform to Health Insurance Portability and Accountability Act (HIPAA) when handling and scanning documents subject to those standards.

Proposed system must be provided by a well-established software vendor with a minimum install base of 10,000 implementations.

Proposed system must have robust training materials including manuals, e-learning, etc. The Vendor must adhere to the following:

1. Vendor must have demonstrated experience in exporting documents from a

competitive document management system and importing into their proposed software solution.

2. Vendor must provide the City with key contract for dedicated solution support

and future troubleshooting.

3. Vendor must demonstrate expertise in analyzing the City’s current electronic

filing structure and recommend solutions to enhance and automate the City’s scanning processes.

4. Vendor must have technological credentials to demonstrate competence in

the electronic document management space. Microsoft Certified Professionals are preferable. CompTIA CDIA+ certifications (or similar certifications) are required.

5. Vendor must provide a minimum of three (3) references of customers in local

government, preferably in Southern California.

6. Vendor must provide on-site training at no additional charge to the City.

7. Vendor must provide contact information of the software developer support

line, for City use as needed.

TECHNOLOGY DIRECTION

Please describe any short-, medium-, and long-term direction regarding major changes in your solution’s architecture, database, platforms, languages, etc.

SOFTWARE CUSTOMIZATION AND ENHANCEMENTS

Please provide information regarding the capability to provide the City with software customizations/modifications, including any accrual or calculation requirements. In addition, include information on periodic system enhancements and updates.

INTEGRATION/INTERFACE CAPABILITIES

The City is expecting to include integration or an interface with existing GIS-based and other software systems. Describe any current capabilities, partnerships, or future considerations for the following:

Proposed system must provide simple integration between different software applications whether web-based, or windows-based. Hot key and/or integrated button integration is preferable.

REFERENCES

Please provide up to 5 references with at least 3 California local government references for projects similar in scope and nature to Redlands Police Department that were completed within

the last 5 years. A reference worksheet is provided in Section 3, Appendix D.

TELEPHONE AND OTHER SUPPORT

Please describe all support services available from your company. Specifically address the following issues:

Normal hours of availability Website support information Online chat

Remote system access capabilities Access via toll free 800 number

Costs or information pertaining to cost Must be in a separate, sealed envelope for

consideration after the proposal has been evaluated Quality assurance program(s)

Guaranteed response time Other support services

Service Level Agreements (SLA) – response time, escalation processes, and other metrics TRAINING AND EDUCATION

Systems and application software training is a key component of the systems selection and implementation project. Please provide your consulting and training options, including classroom (on-site and off-site), webinar, online (group and self-paced), training videos, and manuals. Include training for all required staff and users.

PROJECT MANAGEMENT

Redlands will provide a designated project manager and expects the vendor to do the same.

Please include recommended vendor project management costs in a separate, sealed

IMPLEMENTATION METHODOLOGY

Please describe your implementation methodology and project management approach with milestones and timeframe. Include a preliminary implementation schedule for your proposed solution, including the required time for system and application training, program testing, data and integration/interface testing. Please include how you expect to sequence the implementation steps of your proposed solution.

CUSTOMER IMPLEMENTATION RESPONSIBILITIES

Please describe and/or provide a list of the typical customers’ implementation responsibilities.

APPLICATION SOFTWARE

Please complete the software features, functions, and capabilities listing contained in the

electronic file provided with this RFP, Section 3,Appendix A.

The proposed software should demonstrate an online, integrated method of processing and allow for immediate update of all information. Access to information in either summary or detail should be obtained easily and intuitively with minimal manual entry.

In addition to the required and optional software information requested in Section 3, provide

general information on other application modules or features not requested in this Request for Proposal which may be of interest or benefit to the City.

COST PROPOSAL CONSIDERATIONS

Initial one-time costs for hardware (if applicable), implementation, training, software, interface estimates, conversion estimates, modification estimates, travel and related costs, etc., must be

included in a separate, sealed envelope. As a part of the cost proposal, please complete and

include Appendix G – Unit Costs for Document Imaging.

Recurring annual costs should be described in the proposal, clearly stating what is included (e.g., application upgrades, state and/or federal reporting requirements, hours of support, etc.). Redlands prefers unlimited telephone support.

The objective is to have no hidden or unexpected costs.

All costs and information about costs must be separate from the proposal in a sealed envelope for consideration after the proposal has been evaluated.

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This section of the RFP explains the required proposal forms and other supporting information designed to assist with the proposal response.

Appendices B-E must be completed and submitted using these electronic forms (multi-tab Excel files) and must also be printed and included in your proposal.

The following appendices are contained within this section:

Appendix A Feature/Function Worksheets

Appendix B Vendor Profile

Appendix C Vendor Customer Base Information

Appendix D References

Appendix E Vendor General System Information

Appendix F Proposal Cover Pages

PROPOSAL FORMAT

Proposals should be made in accordance with the Request for Proposal format provided herein,

with all blank spaces in the appendices properly completed. Please provide the following sections, at a minimum:

Executive Summary, including:

 Understanding of Project Objectives

Specific Proposal Requirements see, Section 2 (Suggestion: Copy & paste from RFP

document and insert applicable information.)

Remaining appendices not included in another section

Vendors are prohibited from contacting any City officials or employees regarding this Request for Proposal. All questions must be directed to Danielle Garcia, Chief Innovation Officer, by email at [email protected].

The Cityshall not be liable for any pre-contract costs incurred.

The City will require the inclusion of the contents of this Request for Proposal and all

representations, warranties, and commitments in your proposal and related correspondences as contractual obligations when developing the final written contract for services, equipment, and software.

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Please note that any exceptions to the following requirements, as well as other sections, should be addressed in a separate section of the Vendor’s Proposal.

INTERPRETATIONS,CLARIFICATIONS AND ADDENDA

 No oral interpretations will be made to any vendor as to the meaning of the Proposal

Documents. Any inquiry or request for interpretation received by the City before 5:00p.m. on May 20, 2014, will be given consideration. Send all questions to

[email protected].

 The City reserves the right to amend this RFP prior to the proposal due date. Addenda

or addendum will be published on the City’s website at www.cityofredlads.org/rfp . In

case any Proposer fails to acknowledge receipt of such addenda or addendum, his/her proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her Proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the Proposal Documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before Proposals are opened.

 In the case of unit price items, the quantities of work to be done and materials to be

furnished under this Proposal/Contract are to be considered as approximate only and are to be used solely for the comparison of Proposals received. The City and its Consultants do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Proposer plead misunderstanding or deception because of such estimate or quantities of work performed or material furnished in accordance with the Specifications and other proposal documents, and it is understood that the quantities may be increased or diminished as provided herein without in any way invalidating any of the unit or lump sum prices proposal.

CHANGES / MODIFICATIONS

The City reserves the right to order changes in the scope of work and resulting contract. The successful Proposer has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. Price adjustments will be based on the unit prices proposed by the Contractor in response to this solicitation. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties.

Rejection of Proposal

Proposals that are not prepared in accordance with these instructions to vendors may be rejected or disqualified. If not rejected, the City of Redlands may require the correction of any deficiency and accept the corrected Proposal.

Acceptance of Proposals

The City of Redlands reserves the right to accept the Proposal that is, in its judgment, the best and most favorable to the interests of the City, to reject the low price Proposal, to accept any item of any Proposal, to reject any and all Proposals, and to waive irregularities and informalities in any Proposal submitted or in the Request for Proposals process.

Taxes

The prices quoted herein shall agree with all California and Federal Tax Laws and regulations.

COMPLIANCE WITH APPLICABLE LAWS

Contractor agrees to comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of the laws, regulations, and rules referred to in this paragraph, but in no way to operate as a limitation, are all forms of traffic regulations, public utility and Interstate and Interstate Commerce Commission regulations, Workers’ Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal government and any of it titles, the California Department of Human Rights, Human Rights Commission, or EEOC statutory provisions and rules and regulations.

INDEMNIFICATION

Vendor will agree to defend, indemnify, and save harmless City of Redlands, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City of Redlands, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Vendor, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

INSURANCE

 A Certificate of Insurance will be furnished by the successful Contractor upon Notice of

Award. The certificate(s) shall be completed by the Contractor’s authorized agent and submitted to the City’s Risk Management Department. The successful Contractor shall not commence any work in connection with the Agreement until it has obtained all of the following types of insurance and shall maintain such insurance for the duration of the Agreement. The Contractor shall secure the minimum insurance coverage described below, and such insurance shall be primary with respect to any insurance or self-insurance programs maintained by the City.

 Comprehensive Commercial General Liability. Contractor shall obtain, and

maintain throughout the life of the Agreement, Comprehensive Commercial General

Liability Insurance in an amount of $1,000,000 per occurrence and $2,000,000 aggregate with an insurance carrier acceptable to the City and name the City as additional insured.

 Commercial Automobile Liability Insurance. Contractor shall obtain, and maintain

throughout the life of the Agreement, Comprehensive Automobile Liability Insurance

with minimum limits of $1,000,000, combined single limit for bodily injury liability and property damage liability and name the City as additional insured. This coverage shall include all owned vehicles, hired and non-owned vehicles, and employee non-ownership vehicles.

 Workers’ Compensation and Employer’s Liability Insurance. If applicable, the

Contractor shall obtain, and maintain throughout the life of the Agreement, Workers’ Compensation and Employer’s Liability Insurance in the amount that meets the statutory requirement and shall be in force with an insurance carrier acceptable to the City.

Contractor and any sub-consultants or subcontractors shall comply fully with the

California Workers’ Compensation Law.

 Professional Liability Insurance. If applicable, the Consultant shall obtain and maintain throughout the life of the Agreement Professional Liability Insurance in an amount of $1,000,000 per claims made and $2,000,000 aggregate with an insurance carrier accepted to the City.

 The Contractor shall instruct their insurance broker to furnish properly executed

certificates of insurance to the City.

 The name of the insured Contractor, the specified job by name and/or RFP

number, the name of the insurer, the number of the policy, its effective date and its termination date.

 Certificates of insurance shall clearly evidence coverage required above.

 Certificates of insurance shall be submitted by the broker directly either via email

([email protected]) or US Mail to: City of Redlands, Risk Management

Division PO Box 3005 Redlands, CA 92373. The insurer will notify the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.

The city reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto.

Reduction in Coverage/Material Changes. Vendor will notify the City in writing pursuant to the notice provisions of the final contract thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this RFP or any material changes to the respective insurance policies.

Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of the City.

Termination for Default

In the event of a breach of any of the terms of this Agreement including the Contractor’s warranties, the City may, at its option and without prejudice to any of its other rights, cancel any undelivered work or material.

Intention

The vendor shall, unless otherwise specified, supply all installation, conversion, training, transportation, and incidentals necessary for the entire proper implementation of the selected systems. In addition, the vendor shall be responsible for the implementation in a most

professional manner of all items as shown in the Proposal, stated in the specifications, or reasonably implied, in accordance with the contract documents.

Rights to Submitted Materials

All Proposals, Proposals, inquiries, or correspondences relating to or in reference to this RFP, and all reports, charts, displays and other documentation submitted by the vendor shall become the property of the City of Redlands when received. The City reserves the right to use the material or any ideas submitted in the RFP.

Sub-consultants/Subcontractors. Contractor shall submit a list of sub-consultants and subcontractors. No substitutions shall be made without prior written approval by the City.

Litigation. Please list any past and/or pending litigation or disputes relating to the work described herein, that the firm has been involved in within the last five (5) years. List shall include project name, nature of litigation and outcome of litigation (if resolved).

Licenses. Firm shall submit proof of licensing as may be required by local, state, or

federalagencies to perform the required work.

GOVERNING LAWS AND REGULATIONS

The Proposer is required to be familiar with and shall be responsible for complying with the City’s Purchasing Policies and Procedures, City resolutions, City rules, all federal, state and local laws, ordinances, rules and professional standards or regulations that in any manner affect this solicitation, the selection process, protests, award of contract, contract management or any other activity associated with this solicitation and the subsequent work required of the successful Proposer.

CONTRACT NEGOTIATION

Upon receipt of the proposals, the Selection Committee shall first determine and identify those persons or organizations that are qualified to perform the services and shall rank such persons and organizations based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required.

Second, the cost proposals submitted by all qualified persons and organizations shall be opened and reviewed.

Third, negotiations shall be undertaken with the person or organization ranked most qualified in an attempt to secure the services at a cost equivalent to the lowest cost offered to the city by the qualified persons and organizations. If the person or organization ranked is unwilling to provide the services at a cost equivalent to such lowest cost: 1) such person or organization may nevertheless be awarded a contract, provided the purchasing agent, city manager or city council, as appropriate, determines the initiating city department director has substantiated that the cost for the services is reasonable and appropriate; or 2) negotiations with the most qualified person or

organization may be terminated and the initiating city department may undertake similar negotiations with the other qualified person and organizations in order of rank.

The proposal signed by the successful Proposer along with documentation included in the proposal as required by this solicitation and other additional materials submitted by the Proposer and accepted by the City shall be the basis for negotiation of a contract addressing the requirements of the solicitation. The resulting contract will be approved by the City Council.

FISCAL YEAR FUNDING APPROPRIATION

Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the fiscal period at the time of the contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by the City of funds thereafter. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplied or services delivered under the contract or otherwise recoverable.

PAYMENTS

Payments shall be made 30 days from the receipt of invoice, and follow all City policies promulgated thereby.

ADDITIONAL TERMS AND CONDITIONS

No additional terms and conditions included with the proposal response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this proposal. If submitted either purposefully through intent or design or inadvertently appearing separately in

transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the Proposer’s authorized signature affixed to the proposal attests to this.

PROPRIETARY INFORMATION

Responses to this Request for Proposals, upon receipt by the City, become public records. If any proposer believes that any portion of all of the response is confidential and proprietary, proposer shall clearly assert such exception and the specific legal authority of the asserted exemption. Such designation of an item as a trade secret may be challenged in court by any person. By the proposer’s designation of material submitted to the City as a “trade secret”, the proposer agrees to hold harmless the City for any award to a plaintiff for damages, costs or attorney’s fees and for costs and attorney’s fees incurred by the City by reason of any legal action challenging the proposer’s “trade secret” claim.