Hosted Payment Services (RFP)

1 Request for Proposals # 274-F-RS2020-1 Title: Hosted Payment Services Issue Date: January 3, 2020 Due Date: January 31, 2020 not later than 3:00 p.m. EST LATE PROPOSALS WILL NOT BE ACCEPTED Issuing Department: Finance Direct all inquiries concerning this RFP to: David Fitzgerald Revenue Services Manager Email: David.Fitzgerald@raleighnc.gov IMPORTANT: Please contact David Fitzgerald for a Word version of Appendix I Functionality Matrix and an Excel version of Appendix II Proposal Cost Form. 2 Table of Contents 1. Introduction ...............................................................................................4 1.1 Purpose ..............................................................................................4 1.2 Background ........................................................................................4 1.3 RFP Timeline

......................................................................................4 1.4 Conference Call for Proposal Questions ............................................5 1.5 Proposal Questions ............................................................................5 1.6 Proposal Submission Requirements and Contact Information ...........6 1.7 Rights to Submitted Material ..............................................................6 1.8 Communications .................................................................................7 1.9 Lobbying .............................................................................................7 1.10 Conflicts of Interest .............................................................................7 1.11 Proposer Expenses ............................................................................8 1.12 Request for Additional Information .....................................................8 1.13 Proposer Acceptance .........................................................................9 2. Proposals ..................................................................................................9 2.1 Request for Proposals Required Document Format ...........................9 2.2 Confidentiality of Information; Assertion of Trade Secret Protection. 12 2.3 RFP Documents ............................................................................... 13 3. Proposal Evaluation ............................................................................... 13 3.1 Proposal Evaluation Criteria (Stage 1) ............................................. 13 3.2 Interview / Demonstration (Stage 2) ................................................. 14 3.3 Final Selection .................................................................................. 14 3.4 Notice to Proposers Regarding RFP Terms and Conditions ............ 15 4. Contract Terms and Conditions ............................................................ 15 4.1 Term of Contract ............................................................................... 15 4.2 Mandatory Terms and Conditions..................................................... 15 5. Scope of Services ................................................................................... 15 Appendix I – Functionality Matrix .................................................................... 17 Appendix II – Proposal Cost Form ................................................................... 23 Appendix III – Proposer Questionnaire ........................................................... 28 Appendix IV – Utility Bill Example ................................................................... 29 Appendix V – Payment Transaction Statistics ............................................... 30 Appendix VI – IVR and Port Usage .................................................................. 31 3 Appendix VII – System Operating Environment ............................................. 33 Appendix VIII – Established Business Partners ............................................. 35 Appendix IX – Contract Standard Terms and Conditions .............................. 36 Appendix X – Exceptions to RFP ..................................................................... 43 4 1 INTRODUCTION 1.1 Purpose The City of Raleigh (COR) is solicitating proposals from one or more firm(s) with which to contract for the following services: hosted electronic payment solution that includes eBill presentment, online payment system replacement, Interactive Voice Response (IVR), and integration with the City’s Customer Care & Billing system and other City systems. The first phase will involve web and IVR payments for the City’s water, sewer, stormwater and solid waste services. The solution should be able to grow as the City changes to accept other City payment types in the future. A detailed SCOPE OF SERVICES is provided in Section 5 of this solicitation. All information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens. 1.3 Request for Proposal (RFP) Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Standard Time (EST): https://www.ips.state.nc.us/IPS/ 5 1.4 Conference Call for Proposal Questions The City will host a conference call to receive requests for clarification and questions regarding this RFP on January 15, 2020 at 2:00 p.m. at 1-650-479-3208, Access code: 732-264-624. Proposer participation is not required but is strongly encouraged as project details and clarifications will be discussed at this time. 1.5 Proposal Questions It is the Proposer's responsibility to ensure that all addenda have been reviewed and considered in the preparation of its proposal. Proposer’s may submit written questions which must be received by the City not later than 5:00 p.m. January 15, 2020. The Proposer’s failure to request clarification and submit questions by this date shall be considered to constitute the Proposer’s acceptance of all City’s terms and conditions and requirements. The City shall issue addenda reflecting the questions and answers to this RFP, if any, which shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFP. It is important that all Respondents submitting to this RFP periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondent’s responsibility to ensure that all addenda have been reviewed and, if required signed and returned. All written questions related to this solicitation must be submitted via email to the following individual: Contact Name Email Address David Fitzgerald David.Fitzgerald@raleighnc.gov RFP Process Date Time RFP Advertisement Date January 3, 2020 Conference Call for proposal questions January 15, 2020 2:00 – 3:00 p.m. 1-650-479-3208 Access code 732-264-624 Deadline for written questions January 15, 2020 5:00 p.m. City Response to questions (anticipated) January 20, 2020 Proposal Due Date and Time January 31, 2020 3:00 p.m. Interview / Demonstrations Finalists as Invited February 12 -14, 2020 Selection Presented for Council Approval (tentative) March, 2020 6 1.6 Proposal Submission Requirements and Contact Information Proposals must follow the format as defined in Section 2 PROPOSALS, and be addressed and submitted as follows: DELIVERED BY US POSTAL SERVICE DELIVERED BY ALL OTHER MEANS City of Raleigh City of Raleigh ATTN: David Fitzgerald ATTN: David Fitzgerald Post Office Box 590 222 West Hargett Street Suite 118 Raleigh, NC 27602-0590 RFP # 274-F-RS2020-1 Hosted Payment Services Raleigh, NC 27601 RFP # 274-F-RS2020-1 Hosted Payment Services Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number and the RFP Title. Proposers must submit: A. One (1) signed original, B. One (1) electronic version of the signed proposal, and C. Three (3) copies of proposal. All confidential information shall be marked pursuant to Section 2.2 of this RFP and placed in a separate envelope or package. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in Section 1.3. Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package. Any requirements in the RFP that cannot be met must be indicated on Appendix X, “Exceptions to the RFP” and submitted with proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Proposer elects to mail in its response, the Proposer must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in Section 1.3 RFP Timeline. Regardless of the delivery method, it is the responsibility of the Proposer to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3 RFP Timeline. 1.7 Rights to Submitted Material All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by Proposers 7 (other than materials properly submitted as and qualifying as trade secrets under North Carolina law) shall become the property of the City when received. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal. In submitting a Proposal, each Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. 1.8 Communications All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Written questions and/or verbal questions during the conference call must be submitted to the individual designated in Section 1.5 prior to the deadline provided in Section 1.3. Violation of this provision may result in the Proposer’s proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the Proposer certifies that it has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract 8 except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: "No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.” 1.11 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation. 1.12 Request for Additional Information Prior to the final selection, Proposers may be required to submit additional information regarding the Proposer’s qualifications and experience that the City may deem necessary to further evaluate the proposal’s qualifications. 9 1.13 Proposer Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless exceptions are taken pursuant to Section 2.1 below. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City of Raleigh’s best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the City of Raleigh’s best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh. 2 PROPOSALS Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Proposals Required Document Format Proposals shall be submitted by tab number as instructed below. The Proposer agrees and will comply with all provisions and specifications as stated in this RFP unless otherwise stated in the Exceptions section of this RFP below. Any additional cost or factors to meet a specification or requirement must be noted in the Exceptions section. Failure to respond to these requirements may result in the proposal being considered non-responsive and rejected from consideration. Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation. Tab 2: Requirements Complete and include the Functionality Matrix in Appendix I for must-have requirements and the City of Raleigh’s nice-to-have functionality. In addition, provide a description of: • Other solution functionality that is useful to this project and/or sets your firm apart from others, • The proposed solution’s ease of use by the average customer, • The degree of system configurability by the City, and • Where the industry is moving and trends your firm is following that might impact the City. 10 Tab 3: Project Methodology / Training Plan Provide a comprehensive narrative, outline, and/or graph describing the firm's project management methodology and approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the proposed timeline for accomplishing each shall be included. Describe the firm’s history of phasing vs big bang implementations. Provide the proposed staffing, deployment and firm personnel to be assigned to this project. The Proposer shall provide information as to the experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be Included. List any third-party application software or services that are needed for the proposed solution to operate and define their function. Describe how knowledge transfer and on-going training are accomplished as a part of the project plan. Describe the team’s experience with other clients using Oracle’s Customer Care and Billing application (“CC&B”). Tab 4: Corporate Qualifications Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past five (5) years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address). The City’s preference is at least one reference be from a governmental entity and a utilities client, additionally the City is particularly interested in vendors who have completed similar implementations with CC&B version 2.5 or greater. Complete and include Appendix III. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects. Please describe your firm’s approach to environmental, social and governance (ESG) issues in terms of sustainability efforts, relationships with its employees, customers and the communities where it operates pertaining to economic responsibility and best practices. Provide recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)). 11 OR Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability. “Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP. Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above. The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm. Tab 5: Ongoing Service and System Support Describe your functionality / feature roll out process, including frequency and test environment utilization. Provide the firm’s cadence of investment, including continued investment in the company. Include information on service level agreements. In addition, please include other relevant information regarding your firm’s ongoing support initiatives. 12 Tab 6: Pricing Model In a separate sealed envelope provide a minimum of one (1) electronic and three (3) hard copies of the Proposal Cost Form in Appendix II. This pricing model must be all inclusive for costs/fees associated with implementation as well as ongoing service and system support. Include any additional pricing details. The pricing model should include pricing associated with utility and non-utility payments as well as agency funded vs convenience fee pricing. Tab 7: Exceptions Proposers may find instances where they must take exception with certain requirements or specifications of the RFP. All exceptions shall be clearly identified on Appendix X Exceptions to RFP and submitted with proposal. Proposers should note that certain sections within this RFP indicate that the terms contained within that section are required by the City and no exceptions are allowed for those terms. Where so indicated, any attempt to take exception to the terms within that section may disqualify the proposal from consideration. 2.2 Confidentiality of Information; Assertion of Trade Secrets Protection All information submitted to the City by a Proposer shall be subject to the requirements of North Carolina public records law (N.C.G.S. § 132 et. seq.) and the City shall have no liability to a Proposer for any release of information that is required by law. Upon receipt by the City, any proposals submitted pursuant to this RFP become the property of the City of Raleigh and shall be considered to be a public record except for material that qualifies as a "Trade Secret" under North Carolina law. Materials designated as trade secrets must be submitted in a separate, sealed envelope marked "Trade Secret Proposal - Confidential and Proprietary Information - Do Not Disclose Except for Purpose of Evaluating this Proposal" and the same trade secret/confidentiality designation should be stamped on each page of the materials for which trade secrets protection is sought. In submitting a proposal, each Proposer agrees that the City may reveal any trade secret materials contained in their response to all City staff and City officials involved in the selection process as well as any outside consultants or third parties hired or retained by the City to assist in the selection process. By submitting a proposal, each respondent to the RFP agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with the City refusing to disclose any material that the respondent has designated as a trade secret. Any respondent that designates its entire response as a trade secret may be disqualified from the selection process. Before marking any proposal materials as confidential or as a trade secret, a proposer should consult with an attorney licensed to practice law in North Carolina. If the City receives a request to disclose materials that have been labeled as a trade secret or confidential by the Proposer, the City shall provide the proposer with notice of the request. Within five (5) calendar days of the receipt of this notice, the proposer must notify the City of whether or not it instructs the City to withhold the materials from public inspection and the Proposer must seek, at its sole cost, appropriate judicial action to prevent the disclosure of the materials. If 13 the Proposer notifies the City to withhold materials from public inspection, said notice must also include a legal justification for why the withheld materials qualify for exemption from the North Carolina public records act. If such justification is not provided with the notice to withhold materials, the Proposer acknowledges that the notice shall be void and deemed of no effect and that the City may release the information without penalty. Further, if the Proposer does not take action to prevent the disclosure of the materials within this five (5) calendar day period, the City may release the information pursuant to the public records request without any penalty from or liability to the proposer. By submitting a proposal to the City, the Proposer accepts all terms and conditions of this Section 2.2. Any exception to this section shall not be allowed and an attempt to except a proposal from this section will be deemed void and of no effect and may result in the proposal being disqualified from the selection process. Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process. 2.3 RFP Documents This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 3 PROPOSAL EVALUATION 3.1 Proposal Evaluation Criteria (Stage 1) This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred. After thoroughly reading and reviewing this RFP, each Evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. The maximum interview/demonstration points a Proposer can receive is 5 points. The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposer’s interview / demonstrations shall be based solely upon information provided in each Proposer’s original proposal. No new information may be presented. 14 Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Requirements 30 Project Methodology / Training Plan 20 Corporate Qualifications 15 Ongoing Service and System Support 20 Pricing Model 15 Total Score (without Interview/Demonstrations) Interview/Demonstration (if applicable) 5 Final Score (with Interview/Demonstrations) Scoring Methodology 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation Cost scoring will be based on the City’s analysis of the proposed pricing models. 3.2 Interview / Demonstration (Stage 2) A short-list of firms may be invited to Stage 2 of the evaluation process, the Interview / Demonstration. Interview / demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the Proposer’s solution meets the critical components of the RFP. 3.3 Final Selection Proposals will be evaluated and ranked according to the criteria and weighted values set forth in section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process. If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation. At the completion of the scoring process, the top scoring finalist will be recommended for Council approval. Once approved, contract negotiations will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing promptly following the City’s decision. The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. 15 3.4 Notice to Proposers Regarding RFP Terms and Conditions It shall be the Proposer’s responsibility to read the Instructions, the City’s contract terms (Appendix IX), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. 4 CONTRACT TERMS AND CONDITIONS 4.1 Term of Contract The Contract shall have an initial term of five years, beginning on the effective date of the Contract award. At the end of the Contract’s initial term, the Contract may renew for additional one (1) year periods by mutual written consent of the parties. The City will give the Contractor written notice of its intent to renew the Contract no later than sixty days before the end of the Contract’s then-current term. The Contractor will provide renewal pricing no later than ninety days before the end of the Contract’s then-current term. In addition, the City reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 4.2 Mandatory Terms and Conditions The City objects to and shall not be required to consider any additional terms and conditions submitted with a Proposer’s response. This applies to any language appearing in or attached to the document as part of a Proposal. By execution and delivery of a Proposal, the Proposer agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect. The terms and conditions located in Appendix IX apply to all purchases made by the City and must be incorporated into any agreements between the City, the Proposer, and any other parties where the City must enter into terms and conditions to acquire the services from the selected vendor (which shall include, but not be limited to, software license agreement and terms and conditions for sellers or developers of technology recommended by vendor for the City’s use). No exceptions will be allowed to this section and any attempt to indicate exceptions to this section will not be considered as a component of the proposal, shall be automatically dismissed from the proposal and will not be considered, and may subject the proposal to disqualification under the terms of this RFP. 5 SCOPE OF SERVICES Awarded Contractor shall provide services, all as set forth in this RFP and more particularly described in this Section 5. The City of Raleigh currently manages all web and Integrated Voice Response (IVR) payments for its public enterprises/utilities in-house. The City is seeking qualified vendors to provide a comprehensive and scalable single-vendor hosted payment platform that integrates with the City’s CC&B system, allows for the centralization of City payments processes, and enhances payment channels for utility customers and 16 citizens. The vendor must offer a Level 1 payment card industry compliant (PCI) solution which leverages the vendor’s security expertise to provide a secure payment process for customers and citizens. The platform should allow for the initial deployment of water, sewer, stormwater and solid waste utilities payments with additional phases to include other City payment types. The platform should consolidate customer’s web self- service access, encourage on-line transactions and account self-management. The platform should provide flexible options in terms of agency funded vs convenience fee pricing models. The platform should allow for a fully integrated solution that enables City staff to reconcile electronic payments across all channels with advanced reporting capabilities. In addition, the platform should allow for a consistent payment experience across multiple payment types that will allow customers and citizens flexibility and control of their payment preferences. The vendor should demonstrate the continued investment in innovative payment solutions and changes to the platform in response to evolving demographic and technology trends. Please note, only the hosting of payments is in scope for IVR for this RFP; all other IVR functionality for utility customer care and support will remain hosted by the City of Raleigh. Definitions • “CoR” is City of Raleigh. • “CC&B” is Oracle Utilities Customer Care and Billing Application. • “IVR” is Interactive Voice Response phone system used for call routing and payments. • “WSS” is the City of Raleigh’s in-house Web Self-Service application maintained by Public Utilities where customers can manage utility accounts online. • “CSS” means Customer Self-Service, web application for customer management of utility accounts. • “iNovah” is the current revenue collection application being used for City of Raleigh utility payments including WSS & IVR. • “ACH” means Automated Clearing House, an electronic network for financial transactions in the United States. • “Real-time Processing” means near instantaneous updating of payments once they have been processed. • “Auto Pay” is the recurring monthly ACH bank account drafts set up in CC&B. • “E-Bill presentation” is the ability to render an image from a 3rd party hosted solution. • “CTI” means Computer Telephony Integration. • “PBX” means Private Branch Exchange (i.e. phone system). • “DTMF” means Dual Tone – Multi Frequency. • “SOAP” is a messaging protocol specification for exchanging structured information in the implementation of web services in computer networks which is used for CC&B. • “SLA” is Service Level Agreement between hosted solution and client. • “ADA” means Americans with Disabilities Act. • “ADFS” is Active Directory Federation Services, a single sign-on solution 17 APPENDIX I Functionality Matrix Response Code Definition of Response Action Required by Vendor Y Yes, feature is included in base system without software modifications or additional fees None N No, feature is not and cannot be made available within the Vendor’s software product line None P Partial solution is currently available within the Vendor’s software product line Describe what portions of the feature are unavailable. O Optional component of the base system or related product that can be made available for additional fees Describe the means by which the option can be made available to users of the system, including incremental cost or custom development. Please indicate your response code for each of the requirements below: Must-Have Requirements # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 1 Administration Interface All Interface Read/Writes occur in real-time between both systems and customer can view updates in both systems (real-time less than 3 Seconds or SLA). 2 Administration Interface Ability to Send / Receive Files automatically via FTP with Encryption. 3 Administration Interface Must meet all current ADA visual and audio compliance standards. 4 Administration Interface Ability to send/receive SOAP web service calls. 5 Administration Payment Validation Ability to provide payment validation information back to CC&B (e.g. Authorization Code, last 4 digits of card etc.). 6 Administration Payment Reversals Ability to perform reversals/voids (same day) and credits for credit card and ACH payments made on-line. 7 Administration Ops Mgmt. and Security • Vendor must maintain high reliability and availability of proposed solutions. • Vendor must maintain all City collected data in a secure environment. • Vendor’s hosting site must meet industry standard security certification and auditing. • Vendor must host solution and provide 24x7x365 management of proposed services. • Vendor is responsible for updates and maintenance of all components of proposed solution. 8 Administration Regulatory Compliance System must be compliant with all applicable state, federal and industry regulations including NACHA and PCI DSS. 18 # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 9 Administration PCI Compliance Vendor agrees to maintain PCI DSS compliance with the current version of PCI DSS as published on the PCI Security Standards Council website and to supply the City with evidence of compliance on an annual basis. 10 Hosted Payments Access Security Acceptable customer log in security measures with online password reset through the vendor and appropriate permission levels for staff 11 Hosted Payments Customer Data Storage All payer financial or payment information should be encrypted and hosted offsite and not under care or control of the City 12 Hosted Payments Payment Types Ability to accept credit card types approved by the City of Raleigh (e.g. Visa, MasterCard, American Express & Discover) 13 Hosted Payments Payment Types Ability to provide one-time ACH payment option to customers (would post real-time in CC&B). 14 Hosted Payments Make Payments Seamless transition to hosted party's site to process payments. 15 Hosted Payments Returned Items Process for Returned Payments and how they are communicated and handled. 16 Hosted Payments Payment Processing Ability to establish minimum/maximum payment amounts per policy. 17 Hosted Payments Payment Processing Options to charge or absorb payment processing fees per policy. 18 Hosted Payments Interface Payments shall post to CC&B in real-time including one-time credit card payments and one-time ACH payments. 19 Hosted Payments Make Payments Logic to prevent a customer from making a duplicate payment. 20 Hosted Payments Test Environment Provide 1 or more separate test environments for regression and new enhancement testing. 21 IVR Capacity At a minimum has the number of CTI ports the current IVR has available, 300 ports. 22 IVR Base Functionality Account Balance inquiry would be real-time (before and after payment processing). 23 IVR Payment Payment option in current IVR would redirect to hosted payment vendor. 24 IVR Payment Payments would update real-time in CC&B. 25 IVR Payment Perform a Modulus 10 check to validate credit card number. 26 IVR Call Control Hosted Payment solution needs to provide text-to-speech capability that will playback information to customer once it is entered (e.g. account information, account balance, credit card information etc.) 27 IVR Call Control Hosted Payment solution needs to provide a number our IVR can transfer a customer to if they need to make a payment. 28 IVR Call Control Hosted Payment solution needs to provide a number our agents can manually transfer a customer to if they need to make a payment. 29 IVR User Controls Ability to make menu selections using touch tone commands. 19 # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 30 IVR User Controls If Hosted Payment solution is having technical difficulties, any call they receive should be transferred back into the City of Raleigh IVR. 31 IVR Notifications City of Raleigh will be notified immediately if payments are not posting back to CC&B after attempting to update (x) number of times. (x should be configurable) 32 IVR Test Environment Provide a separate test environment for regression and new enhancement testing. 33 IVR Change Requests SLA for Change Requests (New Functionality or CoR System Upgrades/Changes) 34 IVR Reporting Various Data Elements (Card Types, ACH, Successful, Errors, Denied, Etc.) 35 IVR Reporting Ability to Create Custom Reports. 36 Payment Processing Payment Types Ability to provide recurring credit card payment option to customers. 37 Reconciliation Reporting Ability to provide daily batch close reports for reconciliation 38 Reconciliation Settlement City has the option to configure time of day for settlement of credit card transactions and all funds deposited into the City’s bank account the next business day. 39 Support Customer Support Schedule Provide 24x7x365 online customer / client support; provide live person phone support during regular business hours. 40 System Access Ability to authenticate backend users through the City’s ADFS 20 Nice-to-Have Requirements # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 1 Administration ACH Hosting Ability to host all bank account information, including recurring ACH payments, to remove these from being stored in CC&B. 2 Administration ACH Hosting Ability to provide a portal for CC&B customer service representatives to set up Auto Pay bank account information for a customer (i.e. assisting a customer in Auto Pay set up, paper form mailed to our office). 3 Administration Interface - Host Side Ability to Plugin new custom logic or validations for new function, if failure occurs then customer receives message. 4 Administration Interface - CoR Side Ability to Plugin new custom logic or validations for new function, if failure occurs then customer receives message. 5 Administration Training Conduct in-person or online training and provide documentation for all staff, to include technical and customer service staff. 6 Payment Processing Payment Types Ability to process Batch Payment Transactions for recurring ACH payments. 7 Payment Processing Returned Items Electronic process for processing credit card Chargebacks. 8 Payment Processing Interface Ability to process Auto Pay ACH files sent from CC&B for recurring Auto Pay accounts when they become due. 9 CSS Payment Processing Web Page Maintenance - System Currently Unavailable (e.g. CC&B Database is down - Unable to Read/Write to CC&B) 10 CSS View Bills Images are able to be rendered from 3rd party vendor. Web Service Call to CC&B to get Bill Ids, then Web Service Call to 3rd Party to Retrieve / Render Bill image. 11 CSS Account Management View all accounts linked to a particular person without them having to enroll each account individually. 12 CSS Account Management List of accounts are able to be sorted and searched. 13 CSS Account Management Conversion plan for existing WSS end users (i.e. if conversion isn't possible what is the plan for communicating this to our customers). 14 CSS Make Payments If a customer has multiple accounts, they would have the ability to pay multiple accounts with 1 credit card transaction (i.e. shopping cart) and individual payments would post to each account in CC&B. 15 CSS Auto Pay Ability to set-up, modify and cancel an Auto Pay based on City of Raleigh guidelines. 16 CSS Pay Plan Ability to set-up and cancel a Pay Plan based on City of Raleigh guidelines. 21 # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 17 CSS Pay Plan (Auto Pay) Ability to automatically make Pay Plan Payments on their due date via ACH or credit card. 18 CSS E-Billing Customer has the ability to set their account to E-billing in order to receive a paperless bill. 19 CSS Billing History Customer detailed billing history from CC&B is displayed at a minimum of 2 years. 20 CSS Financial History Customer detailed financial history from CC&B is displayed at a minimum of 2 years. 21 CSS Start/Stop Utility Service Customer has the ability to initiate Start/Stop services which will be communicated to CC&B. 22 CSS Start/Stop Utility Service Ability to lookup a service address in CC&B. 23 CSS Start/Stop Utility Service Restrict Start/Stop service date to City of Raleigh business days. 24 CSS Start/Stop Utility Service Alternate mailing address captured and inserted into CC&B. 25 CSS Assistance Program Customer is able to sign up to participate in our Project Share Utility Assistance Program by setting up recurring contributions to be billed to customer on their next bill and going forward. Customer is also able to stop their participation in this program. 26 CSS Budget Billing Customer is able to Enroll available services in our Budget Billing (bill leveling) program. Customer is also able to stop Budget Billing on their account. 27 CSS Customer Contact Information Ability to update contact information (e.g. phone, email, mailing address). 28 CSS Notifications Send customers an email once a successful payment is made for confirmation. 29 CSS Notifications Send customers an email once changes have been made to their account and make a note on the customer’s account (e.g. Set-up Pay Plan, Set-up E-billing, Updated Contact Information etc.). 30 CSS Security Password reset availability, send email to customer of the reset and make a note of the customer’s account. 31 CSS Contact Us Customer has the ability to contact the City of Raleigh through an email form. 32 CSS Corresponden ce History Customer's correspondence history from CC&B is displayed with 3rd Party Hosted view letters. 33 CSS Test Environment Provide 1 or more separate test environments for regression and new enhancement testing. 34 CSS Terms and Conditions Provide Plug-In spot(s) for Customer to Agree to Terms and Conditions before processing transactions. 35 CSS Reporting Report various Data Elements, Browser and Page Information (i.e. Page Hits). 22 # Solution Component Requirement Response Code (Y,N,P,O) Briefly explain your response 36 CSS & IVR Reporting Ability to Create Custom Reports. 37 CSS & IVR Reporting Access to system data for custom reporting or integration with Microsoft Power BI. 38 CSS& IVR Written Test Cases Vendor Provided for All Functionality. 39 CSS & IVR Change Requests SLA for Change Requests (New Functionality or CoR System Upgrades/Changes) 40 CSS Custom Pages Each page can have links to CoR website as needed to present additional information to customer (e.g. Policies, Procedures, Additional Info). 41 IVR Call Control Hosted vendor would be able to transfer a call back into the IVR from their PBX. 42 IVR Call Control If a call is being transferred from the Hosted Payment solution back to the City of Raleigh IVR, we need to receive caller id and account number if available. 43 IVR Branding City of Raleigh and Hosted Payment solution prompts should use the same voice talent. 44 IVR Usage History Hosted Payment vendor should provide a mechanism for reporting the call lifecycle once it has been transferred to them. 45 IVR User Controls Ability to allow customers to interrupt menus using DTMF tones. 46 IVR Written Test Cases Vendor Provided for All Functionality. 47 Hosted Payments Interface Ability for staff to disable payment update of backend system when backend system is down during scheduled maintenance times for both WSS and IVR payments, system will automatically post/display/pop-up/play a courtesy message when the backend system(s) and/or IVR is offline for maintenance. 48 Hosted Payments Branding When payments are redirected to the hosted website the customer should visually see no difference from our WSS (i.e. colors, fonts, logos). 23 APPENDIX II Proposal Cost Form Awarded Contractor shall perform the services to be performed as set forth in this RFP and more particularly described in Section 5 for the costs stated below. Enter Information in the YELLOW cells below City of Raleigh RFP Submission Vendor Date Submitted Please explain, in detail, your pricing model associated with all costs, including but not limited to: base costs, upgrade costs, technology costs, % or flat transaction fees or other costs. Include a summary of your tiered pricing for transaction level fees. Enter pricing model information here: 24 Appendix II Proposal Cost Form Page 2 Utility Fees – Agency Funded Model Enter Information in the YELLOW cells below City of Raleigh RFP Submission Vendor Date Submitted CREDIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % DEBIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % ACH Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % 25 Appendix II Proposal Cost Form Page 3 Utility Fees – Convenience Fee Model Enter Information in the YELLOW cells below City of Raleigh RFP Submission Vendor Date Submitted CREDIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % DEBIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % ACH Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % 26 Appendix II Proposal Cost Form Page 4 Non-Utility Fees Enter Information in the YELLOW cells below City of Raleigh RFP Submission Vendor Date Submitted CREDIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % DEBIT CARDS Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % ACH Tier 1 Tier 2 Tier 3 Tier 4 Volume Tiers Flat Fee - $ Flat Fee - % Chargeback Fees - Flat $ Chargeback Fees % Other Fees - Flat $ Other - Fees % 27 Appendix II Proposal Cost Form Page 5 Enter Information in the YELLOW cells below City of Raleigh RFP Submission Vendor Date Submitted Please list any additional annual, one-time or other non-transactional fees. Firm Name: ____________________________________________________________ Authorized Signature _______________________________Date__________________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 28 APPENDIX III PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under company’s present name: Fed Tax ID #: DUNS # Are you certified with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: 29 APPENDIX IV Utility Bill Example Currently our Utility Bills are produced by an existing 3rd party vendor. Below is a rendering of the print bill from the existing web self-service application. 30 APPENDIX V Payment Transaction Statistics Utility Billing Payment Channels for FY2019 Web IVR AutoDraft (ACH) LockBox EBox Counter Totals Description COR WSS Cisco IVR Monthly Recurring Mail in Payments Electronic Checking/Billpay In-person Tender(s) Credit/Debit Credit/Debit Checking Acct Checks Electronic Billpay Cash/Check/ Credit Payment Count 637,635 208,839 444,319 387,391 370,165 88,761 2,137,110 $ Volume $70,387,148 $27,653,255 $45,408,234 $77,549,094 $36,868,173 $21,385,285 $279,251,189 Avg $ / Trans $110 $132 $102 $200 $100 $241 Change over Prior Year 6% 5% 11% -8% -5% -1% Avg Change over 7 years 10% 10% 14% -6% 0% -7% Cost per Payment $1.60 $1.60 $.05 $.26 $.07 % of Total Payments 30% 10% 21% 18% 17% 4% % of Total $ Amount 25% 10% 16% 28% 13% 8% 31 APPENDIX VI IVR and Port Usage IVR Inquiry & Payments IVR May 2019 June 2019 Total Make a Payment/Account Balance Requests 38,836 37,469 Successful payment transactions 17,984 16,840 Account Balance/NSF transactions 20,852 20,629 IVR Port Usage 5/1/2019-6/30/2019 Date Maximum Inbound Ports Maximum Inbound Seats Maximum Outbound Ports 5/1/2019 29 70 0 5/2/2019 31 66 0 5/3/2019 47 59 0 5/4/2019 11 5 0 5/5/2019 7 5 0 5/6/2019 36 69 0 5/7/2019 26 70 0 5/8/2019 39 66 0 5/9/2019 34 68 0 5/10/2019 37 67 0 5/11/2019 9 6 0 5/12/2019 5 6 0 5/13/2019 47 63 0 5/14/2019 29 67 0 5/15/2019 26 66 0 5/16/2019 51 61 0 5/17/2019 26 62 0 5/18/2019 8 5 0 5/19/2019 8 4 0 5/20/2019 31 66 0 5/21/2019 32 67 0 5/22/2019 47 65 0 5/23/2019 40 59 0 5/24/2019 36 59 0 5/25/2019 12 6 0 5/26/2019 8 6 0 5/27/2019 9 7 0 5/28/2019 57 62 0 5/29/2019 32 63 0 32 Date Maximum Inbound Ports Maximum Inbound Seats Maximum Outbound Ports 5/30/2019 34 61 0 5/31/2019 53 60 0 6/1/2019 13 8 0 6/2/2019 7 7 0 6/3/2019 46 71 0 6/4/2019 33 68 0 6/5/2019 38 69 0 6/6/2019 36 65 0 6/7/2019 30 68 0 6/8/2019 13 7 0 6/9/2019 8 6 0 6/10/2019 50 64 0 6/11/2019 25 67 0 6/12/2019 29 68 0 6/13/2019 46 66 0 6/14/2019 28 62 0 6/15/2019 15 7 0 6/16/2019 8 6 0 6/17/2019 54 64 0 6/18/2019 36 74 0 6/19/2019 39 74 0 6/20/2019 35 59 0 6/21/2019 33 66 0 6/22/2019 17 26 0 6/23/2019 9 3 0 6/24/2019 67 65 0 6/25/2019 53 61 0 6/26/2019 46 67 0 6/27/2019 47 59 0 6/28/2019 66 62 0 6/29/2019 19 12 0 6/30/2019 8 5 0 Highest 67 74 0 33 APPENDIX VII Systems Operating Environment The following is a summary of the City’s Information Systems standards and architecture: Category Function Standard Business Applications Utility Billing Oracle Customer Care and Billing Cashiering iNovah IVR Cisco, Nuance Financial Management System PeopleSoft WSS MVC framework JavaScript, Java, HTML, CSS, IWS PowerBI Microsoft BI Publisher Oracle UC4 Atomic Network Communication Protocol TCP/IP Ethernet Wireless IEEE 802.3u, IEEE 802.2 802.11 802.11a, b, g, n, ac Cabling Multimode fiber Singlemode fiber Cat. 6 Security Authentication LDAP/ADFS/AzureAD Database Enterprise Oracle / MS SQL Local Oracle / MS SQL Work Flow Business Process Mgmt ServiceNow (New York), ITSM, Agile eCommerce / Web Weblogic Communication Protocols HTTP, HTTPS, FTP, SSH, SMTP Content Management Drupal 8 Content HTML, CSS, JavaScript, JavaBeans, Java, IWS 34 Category Function Standard Database Access XML, IWS, Java, SQL Developer Geographic Information System Spatial Data Management Esri (ArcGIS Desktop, ArcGIS Enterprise, ArcGIS Online, ArcGIS Javascript API) Office Applications Email Microsoft O365 Project Management Microsoft Project 2013/16 Word Processing, Spreadsheet, Presentations, etc. Microsoft O365 Browser IE / Chrome / Firefox PDF Reader Adobe Acrobat Platform / OS Enterprise Server ESX VMware Virtual Server MS Server 2016 Red Hat 7, Red Hat 6 Desktop Windows 10 Workstation Dell Laptop Dell Hand-held Computer iPad/Samsung Printers Networked Print Server Ricoh MFP Workgroup Color Ricoh MFP Standalone HP DeskJet or LaserJet Series Plotter HP DesignJet Series 35 APPENDIX VIII Established Business Partners Company System / Process Oracle Customer Care and Billing Wells Fargo Payment Deposit Account Oracle PeopleSoft (HCM and Financials) System Innovators iNovah Tyler EnerGov Trimble Cityworks ServiceNow ServiceNow Trimble e-Builder Esri ArcGIS Red Hat Fuse Microsoft Office Suite Power BI Atomic UC4 36 APPENDIX IX CONTRACT STANDARD TERMS AND CONDITIONS 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Workmanship and Quality of Services All work performed under this Contract shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the City, and shall conform to all prevailing industry and professional standards. 3. Non-discrimination To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 4. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. 5. Assignment This Contract may not be assigned without the express written consent of the City. 6. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the mailto:accountspayable@raleighnc.gov mailto:mwbe@raleighnc.gov 37 United States District Court for the Eastern District of North Carolina, Western Division. 7. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a COR site. Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and Employer’s Liability of no less than $1,000,000 each accident. Additional Insured – Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read ‘City of Raleigh is named additional insured as their interest may appear’. Certificate of Insurance – Contractor agrees to provide COR a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractor’s insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 38 Raleigh, NC 27602-0590 Umbrella or Excess Liability – Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Contractor agrees to endorse City of Raleigh as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow-Form’ basis. Crime Insurance - Limits of no less than $5,000,000 each claim endorsed to include third party losses. Professional Liability – Limits of no less than $5,000,000 each claim. Cyber Liability – Limits of no less than $5,000,000 each claim. All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s Risk Manager. 8. Indemnity Except to the extent caused by the sole negligence or willful misconduct of the City, the Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this Contract. This representation and warranty shall survive the termination or expiration of this Contract. The Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including claims, costs (including defense) and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Contract. 9. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Contractor under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Contractor. 39 All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractor’s performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Contractor’s performance of this project are hereby agreed to be ‘works made for hire’ within the meaning of 17 U.S.C. 201. 10. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 11. Advertising The Contractor shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 12. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Contractor. In addition, if Contractor shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Contractor and termination will be effective upon receipt. Contractor shall cease performance immediately upon receipt of such notice. In the event of early termination, Contractor shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Contractor under this section exceed the total amount due Contractor under this Contract. The Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Contractor for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. 40 Payment of compensation specified in this Contract, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 13. Laws/Safety Standards The Contractor shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical Engineers for pressure vessels; the Underwriters' Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type(s) of devices offered and furnished. Further, all items furnished by the Contractor shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. Contractor must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. In addition, Contractor shall comply with all applicable occupational health and safety and environmental rules and regulations. Contractor shall effectively manage their safety and health responsibilities including: A. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. B. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. C. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 41 14. Applicability of North Carolina Public Records Law; Access to Records Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Contractor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. Further, Contractor shall ensure that any data that it holds on behalf of the City, in any format, shall be promptly made available to the City for download in a non-proprietary, readable format upon the City’s request, including, but not limited to, at termination of this Contract. 15. Miscellaneous The Contractor shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract and will reimburse the City for the replacement value of its loss or damage. The Contractor shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 16. Right to Audit and Access to Records 1. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. 2. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other 42 investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. 3. “Records” shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. 4. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. 5. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. 6. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. 7. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the City’s findings. 17. E – Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. §64-25 et seq. In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. §64-25 et seq. 18. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147- 86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 19. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 43 APPENDIX X EXCEPTIONS TO RFP Check one: ☐ NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFP. ☐ EXCEPTIONS ARE LISTED BELOW: # RFP Page #, Section #, Appendix # Exceptions [Describe nature of Exception] Explain why this is an issue Proposed Alternative Indicate if exception is negotiable (N) or non- negotiable (NN) 1 2 3 4 5 6 7 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFP AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature Title: Printed Name of Signer Date: