released on october 21, 2019 proposals due december 6, … site applications/personnel... ·...

CITY OF SELMA

REQUEST FOR PROPOSALS (RFP)

FOR

Selma Website Redesign

Released on October 21, 2019

PROPOSALS DUE December 6, 2019 at 5:00 pm

Dear Consultants:

The City of Selma (hereinafter referred to as the “City”) is requesting proposals for Website Redesign.

ABOUT US

The City of Selma

Selma is a growing community of over 25,000, located in the central San Joaquin Valley. Its downtown

gives the City a small-town charm, while commercial and industrial areas foster larger city development.

Selma’s location, at the crossroads of State Routes 99 and 43, makes it a regional hub for southeast Fresno

County as well as neighboring Tulare and Kings Counties.

The current website was developed in 2004 and is hosted on-site in the City Hall server room by our

IT Consultants Data Path. It was built, developed, and maintained using Microsoft Front001. In

November 2018, the City launched a Windows Server update that rendered FrontPage inoperable.

Since Microsoft discontinued FrontPage in 2013, our IT Department is currently modified/editing

using raw HTML coding.

1. RFP Timeline

This RFP will be governed by the following schedule:

Release of RFP October 21, 2019

Proposals are Due December 6, 2019

Approval of Contract TBD

*All dates are subject to change at the discretion of the City

2. SCOPE OF WORK

The City invites you to submit a proposal for Website Redesign. The scope of work includes, but is

not limited to, the following:

2.1 Vendor Experience and Development Criteria

Preference will be given to vendors with experience developing local government websites, with special

attention given to vendors’ breadth of experience, references, number of years of experience and

expertise of staff.

Additional development criteria include:

2.1.1 Collaborative Effort – The website will be developed through the cooperation of the City and the

vendor, and facilitated under the supervision of a dedicated project management professional in the

direct employ of the vendor.

2.1.2 Skilled Team – Vendor will supply a team of user experience, design and development

professionals to supplement the development process led by the project manager. This team should

include staff members skilled in local government website user experience, navigation and information

architecture, local government website design, accessibility, and support and training of the content

management system.

2.1.3 Proven Development Process – Vendor should have a proven development process and flexible

timeline structure that favors the availability and time commitment of the City.

2.1.4 Proven Content Management System – The proposed content management software must be a

proven platform for website development and local government website architecture. Development

that is requested and approved by the City should be performed by the vendor utilizing agile software

development methodologies that encourage collaboration between the developer and the City.

2.1.5 Internal Development Staff – The City prefers a vendor utilizing its own development staff rather

than subcontracting pieces of the project development to additional vendors.

2.2 User Experience (UX) and Design Process

The vendor should utilize a data-driven user experience (UX) design process to gather information to

complete a comprehensive redesign of our website.

The techniques should include the best practices of usability and user experience:

2.2.1 Stakeholder survey – the vendor should survey key stakeholders – elected officials, managers,

content creators, internal users – from our City with the purpose of validating goals and tasks for the

new website.

2.2.2 Online community survey – the vendor should utilize an online community survey to gather key

information about the level of satisfaction and to determine the most common tasks and potential goals

of users.

2.2.3 Homepage heat mapping – the vendor should use heat mapping to collect information about

every action taken on the current site to review functionality and behavior. The heat mapping should

include where people have clicked, scrolled and hovered on the page.

2.2.4 Accessibility validation (WCAG 2.0) – the vendor should analyze the accessibility of the current

site and make recommendations for the new site.

2.2.5 Site analytics – the vendor should utilize historical site analytics to understand patterns and

information useful to the development of the new site.

2.2.6 Mobile usability – the vendor should analyze the current site for mobile usability and review the

mobile site statistics to understand the needs of the current visitors.

2.2.7 User usability testing – usability testing allows vendor to conduct user research with participants

in their natural environment to test interaction and identify issues with navigation and layout.

The result of the usability design study should be a written report with design recommendations and a

wireframe version of the proposed new website that will be used to develop homepage and interior

page design concepts by your design team.

The design of the website should be based on the outcome of the usability report and should be

welcoming and attractive, while meeting the needs of our community. The final version of the design

should be a collaborative effort between the City and the vendor, incorporating elements that

effectively represent the City’s brand and image through a data-driven and consultative development

process.

Specifically, the design guidelines should also include:

2.2.8 Accessibility Review – Website design and associated elements should comply with WCAG 2.0

and Section 508 of the Rehabilitation Act – especially for color contrast and text sizes.

2.2.9 Consistent Website Design – Website design must remain consistent throughout all pages to

maximize usability, except where differentiating between departments or sections of the website as

requested by the City.

2.2.10 Design Overview – Website design must be visually appealing, incorporating the City’s colors

and logo where appropriate.

2.2.11 Design Process – The vendor shall develop an original design for the City and over a period of

time during the development of the website, consult with key members of the City’s website redesign

committee to make revisions and alterations to the vendor’s original design submission.

2.2.12 Easy Updating – Design elements should include background images, photographs, logos and

buttons that are easily updated or swapped out by our staff at any time and without incurring any

additional implementation or update charges.

2.2.13 Website Design and Content Ownership – Ownership of the website design and all content

should be transferred to the City upon completion of the project.

2.3 Content Preparation, Website Development and Go-Live

The vendor should define their process for preparing content, development of the actual website and

preparing for the go-live date. It should be clear what will occur in each phase and identify both vendor

and client deliverables.

2.4 Responsive Website Expertise

We recognize that there are two ways to build a responsive website – using responsive design and

adaptive design. Responsive design provides one layout that fluidly changes depending on the size of the

screen. Adaptive design has several distinct layouts for multiple screen sizes that is built for the distinct

needs of that device. We are seeking a vendor partner who has experience in both approaches and who

will recommend the best solution for our needs.

The vendor is expected to produce a responsive website for the City to meet the needs of users

accessing the site on a variety of devices, including computers, tablets and smart phones. Vendor must

have proven success in previous responsive design projects. The solution should automatically detect

the screen resolution of any device and respond with a view of the site that is optimized specifically for

that screen. This will ensure that all users will be able to view our site, no matter what device they are

using.

In addition, the solution be able to preview the mobile view across different devices and the ability to

design and customize a better user experience for mobile users by allowing us to move, hide and

reorder content to create an optimized mobile view of our website.

The project is expected to include:

2.4.0 Clean visual design incorporating the City’s logo and branding as identified in 2.2.

2.4.1 Responsive site creation that includes, but not limited to:

2.4.1 Creation of responsive templates

2.4.2 Creation of fluid grids

2.4.3 Navigation redesign

2.4.4 Taxonomy and site map

2.4.5 Image adjustments

2.4.6 Mobile page preview for smartphones, tablets and other devices

2.4.7 Ability to adjust or modify responsive views on individual pages or templates

2.5 Robust System Functionality

The vendor’s proposed content management system (CMS) should be a web-based application that

provides the core of the entire development process, being both the platform for development and the

tool by which system administrators and contributors can update the new website. The CMS may

feature plug-in applications or modules that enhance the functionality of the website, though core

features should center around ease-of-use, flexibility and, for ongoing stability, an established

information architecture and hosting environment.

The CMS must allow non-technical content contributors the following abilities:

2.5.0 Administrative Dashboard – The administrative portion of the CMS shall be accessible for all

content contributors and feature a customizable interface that displays critical shortcuts, on-site items

that require attention, recent activity logs and an internal messaging system that displays administrative

messages and updated information.

2.5.1 Automatic Sitemap – The CMS should automatically create and update a sitemap and on-page

breadcrumbs when content is added, edited or removed from the site.

2.5.2 Content Expiration – Notification of expiration of site content shall be received by content

owners through notifications available via the CMS, including a dashboard administrative display and e-

mail notifications. The dashboard should also detail the dates for when specific content was last

updated and allow for notifications when certain time periods are reached.

2.5.3 Content Management – A way to add, edit and move content directly on an assigned webpage

without the need to utilize or be trained on a back-end administrative system (i.e. HTML).

2.5.4 Content Preview – Content publishers must have the ability to preview changes prior to

publishing on the site.

2.5.5 Content Scheduling – Content added to the site, whether as part of page content or additions to

plug-in applications or modular elements shall feature delayed posting and automatic expiration

abilities.

2.5.6 Hyperlinking – Users who wish to add simple links – either internal or external – should be

provided with an option to do so through an automatic hyperlinking option.

2.5.7 Menu Updates – Content publishers should be able to add and update menu items if assigned

the appropriate permission level.

2.5.8 Online Help and Training Videos – 24/7 access to support materials including, but not limited to:

online training manuals, support FAQs, customer support forums, instructional videos, informational

newsletters, informational and support-driven webinars (live and archived), request forms, online

education courses and support-related updates through common social networking mediums.

2.5.9 Page Templates

2.5.9.1 Content publishers must have the option to use pre-created page templates to assist in

the formatting and development of new content.

2.5.9.2 Content publishers should have the ability to place widgets or content blocks on page

templates that serve specific purposes and streamline the template building process. Widgets

can represent any key function such as calendars, directory, e-notification, FAQs, search, etc.

Widgets should have settings to customize their look and function to meet specific needs.

2.5.9.3 Content publishers must have the option to share templates with and use templates

from a wider community pool which shares consistent page development.

2.5.10 PDF Conversion – Ability to convert documents to PDFs via an included PDF conversion tool.

2.5.11 Spell Check – Editor should include spell-check functionality.

2.5.12 Support Access – Trained content creators of the CMS shall have access to live support via e-

mail or phone during vendor’s normal business hours.

2.5.13 WYSIWYG Editor – The CMS must have an advanced WYSIWYG rich text editor for content

additions and updates that, while allowing flexibility for higher-end content contributors, is simple and

straightforward, giving basic content contributors a basic set of fewer options to alter established site

styles.

The system shall also include the following features for use by administrative users:

2.5.14 Approval Workflow – The ability to manage administrative access to the site through a

permission system that defines in-system rights and workflows including content approval for both

general content and modular applications that are included as a part of the CMS. Administrators should

be able to define the workflow, assign the workflow to content groups and content types, and assign

users to workflow rules. The system should support three or more approval levels.

2.5.15 CMS Activity Reporting – A report detailing all changes and activity taking place on the website

through content contributors and administrators, which can be filtered by start and end dates, times, by

content type and by action taken, and exportable.

2.5.16 Content Categories – Administrators shall have the ability to create content categories within

CMS applications and modules and edit the parameters for categories.

2.5.17 Emergency Live Support – Designated administrators shall have access to live support for

emergencies. Please specify the timeframes for emergency support.

2.5.18 Graphics Administration – Administration of on-site banners and graphics, with the ability to add

new banners and on-site graphical elements and assign those elements to specified areas of the site

2.5.19 Login History – A separate history report detailing user login history, including the user type, the

date and time of the attempted login, the IP address of the user and whether or not the login attempt

was successful.

2.5.20 Menu Administration – Administrators shall have the ability to add, edit, update and move

menu items, affecting overall site structure and organization.

2.5.21 Permissions – The permission system shall be divisible into both user administration and group

administration, allowing permission levels to be attributed to groups to which users can be added.

2.5.22 User-friendly URLS – System should allow for creation of user-friendly URLs

2.6 System Administration

2.6.0 Broken Link Review – An administrative center for reviewing quality assurance, including

detailing broken links on the website, including the referring page location so that links can be

corrected.

2.6.1 Dynamic Menu Structure – A dynamic menu structure, with the ability to easily add, edit, move

and delete menu items in multiple structural areas of the site.

2.6.2 Infinite Menu Levels – An infinite menu level system that allows the addition of an unlimited

number of menu levels by the City.

2.6.3 Infinite Page Structure – An infinite page structure system that allows the addition of an

unlimited number of pages by the City.

2.6.4 SSL Certificate – If necessary, one or more SSL certificates to encrypt data contained in site

transmissions.

2.6.5 Website Analytics – An administrative center for reviewing, filtering and exporting overall

website statistics, including the ability to view statistics by page or section and presenting the

information in a graphical representation.

2.7 CMS Core Features

2.7.0 Accessibility Add-ons – Accessibility software embedded in the website that offers users access

to larger fonts and audible content

2.7.1 Active Directory Integration – The solution should have Active Directory integration for

authentication.

2.7.2 Advanced Site Search – Provide an internal site search that:

2.7.2.1 Users should be able to sort search results by date, content, title or relevance; users

should be able to filter by type of content and easily apply advanced search techniques, such as

Boolean, if desired.

2.7.2.2 Administrators should be able to tune the search results by using synonyms for common

words or terms, and promote pages through the use of keywords.

2.7.2.3 Search functionality should search web content as well as the contents of files (PDFs,

Word Documents, etc.)

2.7.2.4 Is contained exclusively within the {entity}’s site and not outsourced to an external page

hosted by a search provider such as Google.

2.7.3 APIs, Import and Export – Major components should have import and export capabilities to ease

in migration and to reduce the amount of data re-entry, and APIs should be defined for key

components.

2.7.4 Apply for Permits – Solution should have the capability for citizens to apply for permits and the

ability to electronically track the different stages of the application process. Ability to integrate this

process with the CRM managed processes already in place. This provider should be willing to work with

our Permit Software Engineer to get their software to integrate with the website for online visibility for

residents and minor changes for administrators if needed.

2.7.5 Blogging – Solution should allow the creation of multiple blogs to be used by different

individuals or departments within our organization. Blogging functionality should include the ability to

tag or categorize posts, include a calendar and commenting functions.

2.7.6 Calendar – Users should have quick and easy access to add, import, export and update calendar

listings, with editing methods available through a direct, front-end interface or a robust back- end

interface.

2.7.7 Citizen Request Management Tool – Solution should have a citizen request module that allows

citizens to submit requests using quick and easy forms and provides online progress tracking.

Administrative side of solution should allow for creating rule-based workflow and automatic deadline

notification.

2.7.8 Contact Us Form – Capability for citizens to contact City staff through the use of a “contact us”

form on the site for each division and department.

2.7.9 Department/Division Pages – A-Z Guide and Department/Division pages for navigating the site

will be available, but as a secondary option; primary site organization will be citizen centric and function

based.

2.7.10 Document Archive – A document archive for specified categories of documents with built-in

filtering abilities and search capabilities.

2.7.11 Document Storage – An on-site document storage application with unlimited levels of folders,

providing centralized storage of any type of file.

2.7.12 E-Notifications – Want a tool that provides a sign-up box allowing users to add their email

addresses to receive important notices. Users should be able to set their preferences and should have

their sign-up validated via a confirmation email. Functionality should be integrated with calendar, job

postings, news, and RFP postings.

2.7.13 E-Newsletter – Solution should have E-newsletter tool functionality.

2.7.14 Embedded Audio/Video/Media and Social Media – Easy embedding of audio, video, media and

social-networking applications with associated embed codes.

2.7.15 Emergency Alert – Solution should have an easily visible and changeable emergency alert

notifications that link to critical on-site information.

2.7.16 Emergency Home Page – Solution should have ability to create and easily swap out home page

for emergencies, voting results or other short-term purposes.

2.7.17 Event Calendar – An event calendar application that allows an unlimited number of calendar

categories or types to be added to the site, with an unlimited number of items allowed to be added

within each individual category. The following features should also be available:

2.7.17.1 Capability to set up calendar events as single or recurring events, with options

for daily, weekly, monthly or annual recurrences.

2.7.17.2 Calendar events shall provide space for full descriptions including the ability to

post images, tables and video within the description.

2.7.17.3 The site visitor shall be able to view calendars by a list of events, a week view or

a month view.

2.7.17.4 Calendars shall be filterable by category, a start date and an end date, with the

ability to search for keywords.

2.7.17.5 Ability for site visitors to subscribe to updates from individual calendar

categories through e-mail (HTML or plain-text) or SMS text messages.

2.7.18 Event Registration – Capability for citizens to easily register for events, classes and/or make

appointments on the website. Registration for appointments must be secure so that registrant

information is not publicly available. Ability to pay online for events that have a cost associated with

them.

2.7.19 Extranet – The solution should have the capability to deliver an extranet or password protected

area of the website available only to those users approved to access secure content.

2.7.20 Facilities Reservation – Solution should have an online reservation function to make it

convenient for visitors and residents to schedule local facilities.

2.7.21 FAQ Tool – Solution should have a FAQ application that allows an unlimited number of FAQ

categories or types to be added to the site, with an unlimited number of items allowed to be added

within each individual category.

2.7.22 Form Creator – Solution should have an online form development tool for the City to develop

interactive forms:

2.7.22.1 Ability to have unlimited categories of forms, with an unlimited number of

forms in each category.

2.7.22.2 Ability for citizens to complete and submit forms electronically.

2.7.22.3 Method by which form data is stored in a database and can be exported in a

usable format from the CMS.

2.7.22.4 Capability to merge forms with other applications of the CMS.

2.7.22.5 Ability to customize forms for other applications of the CMS and tie directly into

those tools.

2.7.22.6 Ability to customize forms to accept and process payments through integrated

e-commerce functionality with or without the need to connect to a third-party software source.

2.7.22.7 Ability to import items from forms available via third party sources (state

agencies) and replicate on City forms.

2.7.23 GIS Mapping – Ability to integrate with the City’s GIS mapping applications.

2.7.24 HTML Code – The solution should have the capability to view the HTML code of any individual

page and directly add or alter the code as necessary.

2.7.25 iFrame Functionality – The solution should have iFrame functionality to seamlessly embed other

documents within any HTML page. Examples of embedded content include videos, third party

applications, Slideshare documents, etc.

2.7.26 Image Management – Image management tools for the addition of images to on-site content

through web pages and modular elements associated with the CMS.

2.7.26.1 Image editing abilities on uploaded images, including the ability to change opacity,

resize images dynamically based on width and height, ability to constrain proportions, flip

images, rotate images, crop images, restore images and save altered images as a thumbnail or

alteration of the original upload or to replace the original upload with the altered image.

2.7.26.2 Capacity to upload multiple images at one time and associate images with specific

pages; the maximum file size should be no less than two (2) megabytes.

2.7.26.3 Ability to preview images prior to association with on-site content.

2.7.26.4 Ability to alter image properties, including image width, image height, capability to

associate or disassociate width and height, border color, border width, image alignment,

margins and application of CSS classes from overall website styles.

2.7.26.5 Full accessibility options provided in an easy-to-use interface that promotes all image-

based aspects relating to Section 508 of the Rehabilitation Act, including specification of

alternate text and long descriptions.

2.7.27 Intranet – As an option, the solution should have a “true” intranet that can be implemented and

hosted on our servers behind our firewall for increased privacy and security of our internal data. The

intranet solution should leverage the same content management system and allow us to share content

easily with our public website without having to duplicate data. The intranet should contain the

following: document storage, news, calendar, forms, staff directory and workflow. We understand that

the intranet may include an additional setup and maintenance fee, and is not necessarily in the current

scope.

2.7.28 Job Posts – One of the most popular pages on most local government sites is the job posting

page. The solution should have a component to simplify the job posting process to reduce overall HR

administrative time and costs. Users should be able to filter available positions by category, type of

position, posting date and salary. Administrators should be able to define categories and classification of

job posting.

2.7.29 Job Application Manager – The solution should have a module that helps government hiring

managers save time by streamlining and simplifying the creation, customization and management of

online job applications. Functionality should include the ability to create application questions, mark

questions as sensitive and encrypt answers, email template to send customized notifications to

applicants, personalized login accounts for job seekers to view the status of their application, and filter

capabilities to create and view application lists on date, status and other parameters.

2.7.30 Language Translation – Solution should have functionality to have multiple language

translations.

2.7.31 Mapping – Solution should include image mapping tools to create clickable maps or images with

multiple hyperlinked points

2.7.32 Mega Menus – The solution should provide capability to design and develop fully-customizable

mega menus, including options to define the number of levels of navigation, columns and the ability to

place widgets (images, content and calendars) on the menu. Mega Menus should be unique to each

main navigation item.

2.7.33 Meetings Manager – The solution should have a module that allows staff to efficiently manage

council and commission meeting process including the ability to submit meeting agenda items, build

agendas and log minutes. Functionality should include the ability to create different types of meetings

and items, customizable approval workflows and an agenda builder with drag-and-drop feature to

organize finalize an agenda.

2.7.34 Mobile Design Editor – While responsive design should make our site viewable across all

devices, there may be times where we will want to adjust content to make it easier to read and to

improve usability on smaller screens. The solution have the ability to preview, design and customize a

better user experience for mobile users by allowing us to move, hide and reorder content to create an

optimized mobile view of our website.

2.7.35 News Posting – The solution should have the ability for use to post press releases, features

stories and “what’s new” content on the site. News content should have an auto archiving functionality

to archive posts after a certain time frame. The News should also have RSS feeds automatically available

if desired by website visitors.

2.7.36 Online Payments – The solution should have an integrated online payment functionality where

transaction information can be directly transmitted securely to a third-part vendor who would then

process the credit card or e-check, and remit the funds into a specific bank account. Transactions should

be logged into a local database for reconciliation and reporting purposes. For security purposes, credit

card and confidential financial information should not be stored on the system. The solution should

integrate with online forms.

2.7.37 Online Polling – The solution should have the ability to create and provide a poll on the website.

Depending on the poll settings, the poll will appear on the public website inside a polls widget. The

functionality should include the ability to add, edit, import, export and copy the poll. The admin should

be able to define poll categories and capture/display poll results.

2.7.38 Photo Slideshows – Creation of slideshows using multiple images and common tools found in

the image management portion of the website CMS. This includes the ability to alter the order, speed,

transition type, duration and layout of on- site slideshows.

2.7.39 Remote Login and Update – Secure access for employees to work remotely and/or update the

site through the use of a mobile device.

2.7.40 RFP Posts – Should include an RFP postings where RFPs can be posted along with amendments

and updates. RFPs should be schedulable and should have the capability to automatically expire on a

certain date to ensure that the site is always up-to-date.

2.7.41 RSS Feeds – Solution should have feeds to keep users and subscribers up-to-date on important

events, news and announcements from the website. Users should be able to subscribe from any RSS

reader.

2.7.42 Service Directory – A service directory organizes the functions of an organization instead of

departments. This is key to serving the needs of the community by letting users search by topic or

services. The service directory should allow users to search by keyword and should filter by category.

2.7.43 Single Sign-on – Should have a component where registered users can log in, view and update

their information, all from their dashboard. Registered members can be added through the CMS,

imported from a spreadsheet or users can add themselves via the frontend user interface.

2.7.44 Social Media Integration – Integrate Twitter and Facebook feeds and other social tools, including

the ability to comment on specific pages and/or events through social media.

2.7.45 Social Media Posting – Should be able to post to Twitter and Facebook directly from the CMS for

news, events and blog posts. The functionality should include the ability to customize messages and

images in the post, schedule posts for any time, post to multiple accounts and track posts in a calendar

or list view.

2.7.46 Staff Directory – A staff directory with unlimited levels of divisions, departments and groups,

with options for expanded staff biographies and images; e-mail addresses associated with directory

listings shall be automatically obscured from automated methods e-mail collection.

2.7.47 Streaming Video Center – Provide capability for storing video for up to 25 meetings per year

with an average of 4 hours per meeting, and 120 hours of specialty content per year.

2.7.48 Tagging – Ability to tag any content and search, sort or view based on those tags.

2.7.49 Third Party Integration – Ability to integrate with existing 3rd party applications

2.7.50 User-centered Content – Organization of the site content will be functional and user-centered

for ease of use by citizens and business.

2.8 Ongoing Services

We are interesting in understanding the ongoing services that you provide to all customers, such as:

2.8.1 Access to On-Demand Training Library – Do you have an on-demand library of training videos

and materials?

2.8.2 Annual Consulting Hours or Credits – Do you offer a certain number of consulting hours as part

of the base annual fee? Can these consulting hours be used each to help us keep our website fresh and

engaging? For example, we may have some mini-projects such as creating or redesigning buttons,

refreshing images, etc.

2.8.3 Free Website Re-Design – Do you offer a free site refresh at the end of our 4-year contract?

What is included in the free re-design?

2.8.4 Training and Best Practice Webinars – Do you offer regular training and best practice webinars?

Are these webinars recorded and viewable at a later date?

2.9 Technology/Platform Requirements

2.9.1 Browser Support – The City is looking for the new website to support mobile and desktop

versions of Apple Safari, Google Chrome, Microsoft Internet Explorer, Edge, and Mozilla Firefox. The site

should support all versions of the browsers that have been released within the last 5 years.

2.9.2 DDoS Mitigation – The hosted solution should protect the website against Distributed Denial of

Service (DDoS) and other cyberattacks, and should be able to detect and mitigate malicious traffic within

seconds. The solution should have smart-detection technology that can identify the source and analyze

the behavior of the attack.

2.9.3 Disaster Recovery – In the event of any outage impacting the primary data center, the hosting

solution must have a disaster recovery or backup data center where our website visitors will continue to

be able to access our site. The Recovery Time Objective (RTO) should be 90 minutes or less and the data

replication (Recovery Point Object or RPO) should be 15 minutes or less.

2.9.4 Hosting Data Center and Backup Data Center – The hosting platform must be in a certified data

center (SSAE 16 Type II Compliant) with multiple layers of security access, redundant ISP providers,

backup power and redundant generator, and firewall protection.

2.9.5 Page Load Time – The solution should ensure that pages load on an average of 1.5 seconds or

less.

2.9.6 Programming Experience – Explain your firm’s experience with other programming capabilities

that would be useful in developing websites.

2.9.7 Responsive CMS Recommendation – The City is looking to have the vendor recommend a

content management system. Explain your firm’s experience utilizing recommended CMS in designing

responsive websites.

2.9.8 System Uptime Guarantee – The hosting platform should have a guaranteed uptime of 99.9%

and be backed by a Service Level Agreement (SLA).

2.9.9 Third Party Plugins – The City will allow the vendor to use third-party plugins where appropriate

as potential solutions for a requirement.

2.9.10 Web and Database Servers – Preference will be given to vendors that split website management

between web servers and SQL database servers in order to optimize load time and efficiency in the

hosting environment.

2.10 Maintenance and Support

The vendor’s CMS, including all features and modular applications associated with the CMS, must have

qualified and available support included as a part of ongoing services to maintain the CMS, using

guidelines, structures and materials meeting the following criteria:

2.10.1 Account Reviews – Do you provide regular account reviews of our website, including helping us

analyze our website analytics, reviewing our use of graphics and determining the overall health of our

website?

2.10.2 Ongoing User Training – Do you provide free ongoing training to new and existing users?

2.10.3 Online Training Videos – An online repository of training videos for the purposes of fully training

new staff members or retraining existing staff members.

2.10.4 Support – The vendor shall provide access to live support available via e-mail or phone during

vendor’s normal business hours. The support team must be fluent in the functionality and uses of both

the content management system’s features and associate applications and modules. Is your technical

support unlimited and do we have a dedicated support manager?

2.10.5 Support Materials – 24/7 access to support materials including, but not limited to: online

training manuals, support FAQs, customer support forums, instructional videos, informational

newsletters, informational and support-driven webinars (live and archived), request forms, online

education courses and support-related updates through common social networking mediums.

2.10.6 Support Service Level Agreement – In all submitted proposals, vendors shall be able to produce

a Service Level Agreement that details guarantees of customer support as well as a service escalation

process.

2.10.7 Training and Best Practice Webinars – Do you regularly provide free training webinars focusing

on functionality, best practice and industry trends?

While website content updates are to be managed by the City through the CMS, vendor must commit to

regular maintenance and updating of the CMS and associated applications for the purposes of keeping

the existing software up-to- date as well as introducing new functionality and applications.

Vendor shall commit to:

2.10.8 CMS Development Process – An internal process dedicated to reviewing new technologies and

implementing development projects in order to provide a more robust CMS with additional features and

applications.

2.10.9 CMS Improvements – Regular maintenance of the CMS to improve existing functionality and,

when appropriate, take the {entity}’s requests into consideration.

2.10.10 CMS New Features – We want our vendor to continue to upgrade and bring new functionality to

their CMS. Explain how you provide regular upgrades to your solution that strengthen and update the

CMS’s functionality and associated applications.

2.10.11 Software Service Level Agreement – In all submitted proposals, vendors shall be able to produce

a Service Level Agreement that details guarantees of upgrades and the dedicated process for improving

the software purchased by the {entity}.

2.11 Optional Services

Although we have identified specific requirements, we are also interested in your ideas for the approach

of redesigning the style of our website. We encourage respondents to consider and propose alternative

solutions and recommendations. We are particularly interested in specific web functionality that your

company may have already developed and deployed for other customers, including:

2.11.1 Accessibility Consulting – Do you offer any assistance with helping us comply with accessibility

issues and creating accessible content?

2.11.2 Advanced Design Options – Do you offer any advanced design options that would deliver

cutting-edge or unique design patterns, such as video background, anchor scrolling, parallax scrolling or

tiles/cards?

2.11.3 Advanced Website User Experience Analysis – Do you offer any advanced services to provide an

in-depth analysis of our user’s needs and expectations?

2.11.4 Advanced Training – Do you offer any advanced training or onsite training options beyond the

base package? Or do you offer an annual refresher training for existing and new users who may have

missed the original training?

2.11.5 Content Strategy – Do you offer any advanced training or assistance to help us with managing

our content, working with users to write in the plain language style or review our existing content?

2.11.6 Customized Mobile Design – Do you offer a customized mobile design that mimics a smartphone

application?

2.11.7 Dedicated Account Manager – Do you offer an option to have a dedicated account manager to

contact for any support issues?

2.11.8 Departmental Branding – Do you offer any separate packages or services that will allow us to

have different design themes or sub-sites for some of our key departments or related entities? Some

differentiators would include department logo in header, unique color scheme and background,

separate font style, custom page templates, custom wireframe, new custom widgets, separate

navigation and menus, different header and footer configurations, standalone search and separate

Google analytics.

2.11.9 Health Check Analysis – Do you offer any ongoing services to help us monitor the health and

usefulness of our site?

2.11.10 Homepage Themes – Do you offer the ability to present users with alternative home page

options that change by season or time of day?

2.11.11 Intranet – Do you offer a separate intranet option that we could install behind our firewall, but

let us leverage our knowledge of your CMS while sharing key data and information?

2.11.12 Monthly Office Hours – Do you offer monthly office hours where we can call in during a set time

to get answers to non-critical issues?

2.11.13 New User Training Webinars – Do you offer scheduled or periodic training webinars for new

users?

2.11.14 Premium Disaster Recovery – Do you offer a premium disaster recovery solution beyond your

base package that would give us 99.99% uptime guarantee and less than 5-minute recovery time?

2.11.15 Site Analytics Reporting – Do you offer ongoing assistance with helping us analyze our site

statistics and recommending changes to make sure our website continues to meet our users’ needs?

3. PROPOSAL FORMAT GUIDELINES

Consultants are to provide the City with a proposal using the following guidelines:

Each proposal must adhere to the following order and content of sections.

A. Qualifications and Experience

Provide a brief history of your business entity and project team. Identify legal form, ownership,

and senior officials of company. Identify the name and email of the main contact, including

phone number and e-mail address. Include the website address (if applicable). If proposing a

sub-consultant, describe the division of responsibilities between participating parties, and

offices (location) that would be the primary participants.

Describe professional experience and number of employees (licensed professionals, technical

support) on the proposed project team.

B. Methodology Section

Provide a detailed description of the approach and methodology to be used to accomplish the Scope of

Work of this RFP. The Methodology Section should include:

1. An implementation plan that describes in detail (i) the methods, including controls by which

your firm or entity manages projects of the type sought by this RFP.

2. Detailed description of efforts your firm or entity will undertake to achieve client satisfaction

and to satisfy the requirements of the "Scope of Work" section.

3. Detailed description of specific tasks you will require from City staff. Explain what the

respective roles of City staff and your staff would be to complete the tasks specified in the

Scope of Work.

4. Proposers are encouraged to provide additional innovative and/or creative approaches for

providing the service that will maximize time and cost effective operations or increased

performance capabilities. In addition, the City will consider proposals that offer alternative

service delivery means and methods for services desired.

C. Staffing

Provide a list and resumes of individual(s) who will be working on this project, their relevant

experience, and indicate the functions that each will perform and anticipated hours of service of each

individual.

D. Similar Projects

Provide a list of at least municipal/public agency references for similar services provided by your firm.

The City reserves the right to contact any of the organizations or individuals listed. Information

provided shall include:

• Client Name

• Project Description

• Project start and end dates

• Client project manager name, telephone number, and e-mail address.

E. Fee Proposal

All proposers shall submit a fee proposal which delineates tasks, hours and cost for all staff working

on the project. Proposals shall be valid for a minimum of 180 days following submission.

4. PROCESS FOR SUBMITTING PROPOSALS

Sealed bids for this RFP shall be filed with the City Clerk at 1710 Tucker Street, Selma,

California, 93662, on or before 5:00 pm on December 6, 2019. No late bids will be accepted.

Proposers shall submit one original, and three had copies of the proposal, along with one

electronic copy.

The City reserves the right, without limitation and at its sole discretion, to accept or reject

any or all proposals and/or terminate this RFP process at any time, for any reason, without notice

and with no obligations.

5. EVALUATION OF PROPOSALS AND SELECTION PROCESS

The City will screen and review all proposals according to the weighted criteria set forth above. While

price is one basic factor for award, it is not the sole consideration.

The criteria are as follows:

Criteria Categories

Points

Possible

Points

Awarded

Qualifications of Key Personnel:

Include ability to provide the requested scope of services, recent

experience conducting work of similar scope, complexity, and

magnitude for other public agencies of similar size, references.

25

Approach to Providing the Requested Scope of Services:

Includes an understanding of the RFP and of the project’s scope of

services, knowledge of applicable laws and regulations related to

the scope of services.

10

Price Proposal

25

Innovation/Creative Approach:

Innovative and/or creative approaches to providing the services that

provide additional efficiencies, expedited timing or increased

performance capabilities.

25

References

15

Total Points 100

Please note that this RFP pertains to professional services, and the above referenced scoring

rubric will be used as guidance only. Given the nature of the services, the City reserves the right

to utilize its discretion in awarding the project. The City also reserves the right to negotiate

pricing and contract terms. After reviewing the proposals, City Staff may conduct interviews

with the top firms. Staff will forward a recommendation to the City Council for final selection.

The City reserves the right to reject all proposers and/or to invite other individuals and/or firms to

respond to this RFP if the proposals received are inadequate.

A. Responsiveness Screening

Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as

non-responsive any proposal that does not include the documents required to be submitted by

this RFP. At any time during the evaluation process, the City reserves the right to request

clarifications or additional information from any or all Proposers regarding their proposals.

B. Proposal Review

The Committee will review and score all responsive written proposals based upon the

Evaluation Criteria set forth above. The City may contact and evaluate the Proposer’s

references, contact any Proposer to clarify any response or request revised or additional

information, contact any current users of a Proposer’s services, solicit information from any

available source concerning any aspect of a proposal, and seek and review any other

information deemed pertinent to the evaluation process.

Following conclusion of the evaluation process, the Committee will rank all Proposers

according to the evaluation criteria set forth above. The Committee will conclude the

evaluation process at this point, and make a recommendation for award.

Recommendation for award is contingent upon the successful negotiation of final contract

terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers

unless an agreement is reached. If contract negotiations cannot be concluded successfully

within a time period determined by the City, the City may terminate negotiations and

commence negotiations with the next highest scoring Proposer or withdraw the RFP.

6. EX PARTE COMMUNICATIONS

Proposers and Proposers’ representatives cannot communicate with the City Council members about

this RFP. In addition, Proposers and Proposers’ representatives cannot communicate outside the

procedures set forth in this RFP with an officer, employee or agent of the City, including any member

of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after

Contract Award. Proposers and their representatives are not prohibited, however, from making oral

statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,

directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and

any individual or entity who has been requested by the Proposer to contact the City on the Proposer's

behalf.

7. CONFLICT OF INTEREST

The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire

any interest which would present a conflict of interest under California Government Code sections

1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement

awarded. The Proposer further covenants that it will not knowingly employ any person having such an

interest in the performance of any Agreement awarded. Violation of this provision may result in any

Agreement awarded being deemed void and unenforceable.

8. STANDARD TERMS AND CONDITIONS

Amendments

The City reserves the right to amend or supplement this RFP prior to the proposal due date.

Cost for Preparing Proposal

The cost for developing the proposal is the sole responsibility of the Proposer. All proposals submitted

become the property of the City.

Professional Services Agreement

The City will require a professional services agreement from the consultant found most qualified.

A copy of the City’s standard PSA is attached hereto. Please be advised the following

provisions of the City’s PSA are non-negotiable:

Indemnification

All insurance terms

Termination

Ownership/Use of Contract Materials and Products

Disputes

Governing Law

If an agreement cannot be reached, negotiations with an alternate consultant may commence.

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CITY OF SELMA

PROFESSIONAL SERVICES AGREEMENT

This PROFESSIONAL SERVICES AGREEMENT (“Agreement”), is made and effective as of DATE, 2018 (“Effective Date”), between the City of Selma, a municipal corporation (“City”) and INSERT NAME OF CONTRACTOR (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS

WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM

This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than INSERT TERMINATION DATE, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES

(a) Consultant shall perform the tasks (“Services”) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. (“Scope of Services”). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.

(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing type of consultant services, serving a municipal agency.

(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the

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Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant’s performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

(e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT

City's City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT

(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B (“Rate Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed INSERT DOLLAR AMOUNT ($00000) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

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(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore. 5. SUSPENSION OR TERMINATION OF AGREEMENT (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 4 of this Agreement.

6. OWNERSHIP OF DOCUMENTS

(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest,

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including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION

(a) Indemnity for professional liability

When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

(b) Indemnity for other than professional liability

Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant’s cost or at City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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8. INSURANCE

Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

9. INDEPENDENT CONSULTANT

(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES

The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

11. UNDUE INFLUENCE

Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES

No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during

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his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST

(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Selma 1710 Tucker Street Selma, CA 93662 Attention: City Manager With a Copy To: Bianca Sparks Rojas, City Attorney Casso & Sparks, LLP 13200 Crossroads Parkway North, Suite 345 City of Industry, CA 91746

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To Consultant: INSERT ADDRESS

15. ASSIGNMENT

The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant’s use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants. Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

16. GOVERNING LAW/ATTORNEYS’ FEES

The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

17. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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18. SEVERABILITY

If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS

The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER

The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

22 REMEDIES

Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.

“CITY” “CONSULTANT” City of Selma NAME OF CO.

By: ________________________________ By: __________________________ Scott Robertson, Mayor NAME, TITLE

Attest:

By: ________________________________ Reyna Rivera, City Clerk Approved as to form:

By: ________________________________ Bianca Sparks Rojas, City Attorney Attachments: Exhibit A Scope of Services Exhibit B Rate Schedule Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

INSERT SCOPE OF SERVICES. THIS SHOULD NOT BE THE RFP THAT THEY SUBMIT, IT SHOULD BE DRAFTED TO EXPLICITLY DETAIL THE WORK REQUIRED

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EXHIBIT B

RATE SCHEDULE

INSERT RATE SCHEDULE

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EXHIBIT C

INSURANCE REQUIREMENTS

Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.00).

Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may

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arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.