HomeMy WebLinkAbout05 - Request for Proposal - Financial Software
STAFF REPORT
DATE: August 1, 2017
CONSENT
MOTION
TO: City Council
FROM: Brian A. Swanson – Finance Director
AGENDA ITEM: Authorize RFP for Enterprise Resource Planning System (ERP)
REVIEWED BY: Kristina Handt – City Administrator
BACKGROUND:
At the July 13, 2017 Finance Committee meeting, discussion occurred regarding budget expenditures for
a new software package for finance and other city related business. Since the meeting, staff prepared a
Request for Proposals for Enterprise Resource Planning (ERP) System.
At the July 27, 2017 Finance Committee meeting, authorization was provided to move approval for the
Request for Proposals of the ERP system to be considered by the City Council.
QUESTIONS BEFORE THE CITY COUNCIL:
1) Does the City Council have any questions regarding the attached Request for Proposal?
2) Is the City Council comfortable recommending this move forward for approval?
DISCUSSION:
The City is planning to replace its current financial and information systems environment
with an ERP system. In doing so, the City seeks to address several challenges in the current
environment, including but not limited to:
Lack of functionality in current systems.
Limited online self-service functionality and payment options.
Limited reporting capabilities in current systems.
Lack of integration among systems.
Manual workflow processes.
City accounts receivable information is tracked in MS Excel.
Lack of budget forecasting capabilities.
Limited access to the existing system.
Need for more robust project tracking.
Time entry and approval is manual.
Current hardware is no longer supported.
In order to address these challenges and others, the City has initiated an enterprise-wide
project to adequately plan for, select, and implement an ERP system, as well as the
professional services activities to be a part of implementation.
The following table contains the list of functional areas of the desired ERP system.
Functional Areas
No. Functional Area
1 General Ledger and Financial Reporting
2 Budgeting
3 Accounts Payable
4 Accounts Receivable and Cash Receipts
5 Project Accounting
6 Capital Assets – (Optional)
7 Human Resources
8 Payroll
9 Special Assessments – (Optional)
10 Utility Billing – (Optional)
The City has identified an anticipated go -live date for core financials functionality of January 2,
2018. Below is the proposed schedule of dates, which is quite aggressive in order to meet the go -
live date.
Table 01: RFP Schedule of Events
Event Estimated Date
Request for Proposals Published August 2, 2017
Deadline for Proposal Submissions September 1, 2017
Short List Vendors notified September 6, 2017
Vendor Demonstrations September 13-14, 2017
Preferred Vendor Notified September 21, 2017
Begin Contract Negotiations October 4, 2017
FISCAL IMPACT:
The City has put a tentative budget amount in of $40,000 based on the upgrade costs for the existing
software and very preliminary estimates of replacing the system with a new product. This cost will vary
significantly based on the number of modules implemented, number of users, timeline and conversion of
data.
RECOMMENDATION:
1) Motion to recommend approval of the Request for Proposals for Software and Implementation
Services for an Enterprise Resource Planning (ERP) System.
ATTACHMENTS:
1) Request for Proposals for Software and Implementation Services for an Enterprise Resource
Planning (ERP) System
2) City of Lake Elmo ERP Worksheets – 4 tabs in the workbook
City of Lake Elmo, Minnesota
Request for Proposals:
Software and Implementation Services for
Enterprise Resource Planning (ERP) System
Issue Date: August 2, 2017
Response Due: September 1, 2017 at 4:00 pm Central Time
Receipt Location:
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
WARNING: There are two total files associated with this RFP package. Prospective proposers who have received
this document from a source other than the Issuing Office should immediately contact the Issuing Office and
provide their name and e-mailing address so that amendments to the RFP or other communications can be sent
to them. A prospective proposer who fails to notify the Issuing Office with this information assumes complete
responsibility in the event that they do not receive communications from the Issuing Office prior to the closing
date.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page i
Software and Implementation Services for
Enterprise Resource Planning (ERP) System
Table of Contents
Section Page
1.0 RFP Introduction and Background ............................................................................ 5
1.1 Introduction .................................................................................................................................... 5
1.2 About Lake Elmo ........................................................................................................................... 5
1.3 Project Objectives .......................................................................................................................... 5
1.4 Definitions ...................................................................................................................................... 6
1.5 City’s Consulting Partner ............................................................................................................... 6
1.6 No Obligation ................................................................................................................................. 6
1.7 RFP Schedule of Events ............................................................................................................... 7
1.8 Pre-Qualification of Vendors ......................................................................................................... 7
1.9 Minimum Qualifications ................................................................................................................. 7
1.10 Partnerships .................................................................................................................................. 7
1.11 Incurred Expenses ......................................................................................................................... 7
1.12 Questions and Inquiries ................................................................................................................. 8
2.0 Project Scope ............................................................................................................. 9
2.1 Functional Areas. ........................................................................................................................... 9
2.2 City and Project Staffing ................................................................................................................ 9
2.3 Number of Users ........................................................................................................................... 9
2.4 Current City Applications Environment ........................................................................................ 10
2.5 Current City Technical Environment ............................................................................................ 10
2.6 Functional Area Statistics ............................................................................................................ 10
2.7 Gap-Fit Analysis .......................................................................................................................... 11
2.8 Implementation Project Plan........................................................................................................ 11
2.9 Requirements Traceability Matrix ................................................................................................ 11
2.10 Vendor Project Team Resource Management ............................................................................ 11
2.11 City Project Team Resource Management ................................................................................. 11
2.12 Software Customization Plan ...................................................................................................... 12
2.13 System Interface Plan ................................................................................................................. 12
2.14 Data Conversion Plan .................................................................................................................. 12
3.0 Proposal Evaluation and Award .............................................................................. 13
3.1 Evaluation Process ...................................................................................................................... 13
3.2 Evaluation Criteria ....................................................................................................................... 13
3.3 Best and Final Offer/Request for Clarification ............................................................................. 13
3.4 Notice of Intent Award ................................................................................................................. 14
3.5 Negotiations and Contract Execution .......................................................................................... 14
4.0 Submittal Response Format .................................................................................... 15
4.1 General Instructions .................................................................................................................... 15
4.2 Transmittal Letter and Executive Summary ................................................................................ 15
4.3 Project Approach and Software Solution ..................................................................................... 16
4.4 Implementation Methodology ...................................................................................................... 16
4.5 Company Background and History .............................................................................................. 16
4.6 Key Proposed Personnel and Team Organization ...................................................................... 16
4.7 Project Roles and Responsibilities .............................................................................................. 17
4.8 Project Schedule ......................................................................................................................... 17
4.9 Functional and Technical Requirements Response .................................................................... 17
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page ii
4.10 Data Conversion Plan .................................................................................................................. 17
4.11 Deliverables Dictionary ................................................................................................................ 17
4.12 Sub-Contracting ........................................................................................................................... 17
4.13 References .................................................................................................................................. 18
4.14 Site Visit References ................................................................................................................... 18
4.15 Response to Narrative Questions ............................................................................................... 19
5.0 Contract Terms and Conditions .............................................................................. 20
5.1 Contract Type .............................................................................................................................. 20
5.2 Contract Term .............................................................................................................................. 20
5.3 Contract Review .......................................................................................................................... 20
5.4 Contract Changes. ....................................................................................................................... 20
5.5 Contract Approval ........................................................................................................................ 20
5.6 Contract Dispute .......................................................................................................................... 20
5.7 Payment and Retainages ............................................................................................................ 21
5.8 Taxes and Taxpayer Information ................................................................................................. 22
5.9 Federal Requirements ................................................................................................................. 22
5.10 Confidential Information............................................................................................................... 22
5.11 City Property ................................................................................................................................ 22
5.12 Warranty ...................................................................................................................................... 23
5.13 Source Code ................................................................................................................................ 23
5.14 Insurance Requirements ............................................................................................................. 23
5.15 Conflict of Interest ........................................................................................................................ 24
5.16 Pending and Recent Litigation .................................................................................................... 24
5.17 Proposer’s Certification ............................................................................................................... 24
5.18 Offer Held Firm ............................................................................................................................ 24
5.19 Amendment/Withdrawal of Proposals ......................................................................................... 24
5.20 Alternate Proposals ..................................................................................................................... 24
5.21 Sub Contractors. .......................................................................................................................... 24
5.22 Joint Ventures .............................................................................................................................. 25
5.23 Right of Rejection ........................................................................................................................ 25
5.24 Clarification of Proposals ............................................................................................................. 25
5.25 Rights to Submitted Material ....................................................................................................... 25
5.26 Protests ...................................................................................................................................... 26
5.27 Public Information......................................................................... ………………………………...26
5.28 Contract Negotiation .................................................................................................................... 26
5.29 Failure to Negotiate ..................................................................................................................... 26
5.30 Hold Harmless ............................................................................................................................. 26
5.31 Protection of Resident Workers ................................................................................................... 26
5.32 Statutory Information ................................................................................................................... 26
5.33 Assignment or Subcontract ......................................................................................................... 26
5.34 Non-Discrimination Clause .......................................................................................................... 27
5.35 ADA ............................................................................................................................................. 27
5.36 Audit ............................................................................................................................................ 27
5.37 Laws ............................................................................................................................................ 27
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page iv
ADVERTISEMENT FOR PROPOSALS-ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND
IMPLEMENTATION SERVICES
The City of Lake Elmo, Minnesota seeks proposals from qualified vendors for an Enterprise Resource
Planning (ERP) system as well as system implementation services. The scope of this request will
include, but is not limited to an implementation project plan, implementation methodology,
communication plan, project change management plan, software customization plan, system interface
plan, data conversion plan, implementation testing plan, quality assurance plan, pre- and post-
implementation support plan, and a training plan. The proposer shall also provide project management
resources leading to the successful implementation of the system.
Criteria for selection is based on price, experience, level of fit of the proposed system based on the
City’s functional and technical requirements, and implementation approach. The selection process will
be conducted in accordance with the Request for Proposals and will be led by in-house project and
evaluation teams. Product demonstrations and vendor reference checks will also be used to select a
vendor.
The Request for Proposals and Attachments may be obtained beginning Wednesday, August 2, 2017.
Interested parties shall submit information as specified in the Request for Proposals to the City of Lake
Elmo before 4:00 pm Central Time on September 1, 2017. Further information or questions, please
contact: Brian Swanson – Finance Director at bswanson@lakeelmo.org. There are two files associated
with this RFP package.
The City requests interested proposers to provide Notice of Interest to the Point of Contact identified
in Table 02 in section 1.11. Notice of Interest is not required.
The City of Lake Elmo City Council reserves the right to reject any or all bid proposals, to waive
technicalities, to re-advertise, or to proceed otherwise when the best interest of said Council will be
realized herein. No bid may be withdrawn for a period of at least 180 days after the actual date of
opening thereof.
Brian A. Swanson, Finance Director
ADVERTISE: August 2, 2017
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 5
1.1 Introduction
This Request for Proposals (RFP) is intended to solicit proposals from proposers capable of satisfying the City
of Lake Elmo’s needs for software and professional services to implement an Enterprise Resource Planning
(ERP) system. Proposers’ responses will be evaluated and ranked based on the criteria described in this RFP.
If a system(s) is available that meets the City’s needs, the City may then enter into contract discussions with
the selected proposer.
This RFP and the selected proposal in response to this RFP will be incorporated into the contract resulting from
this solicitation; provided, however, that the contract may contain terms different from or in addition to this RFP
and the successful proposal. For purposes of this RFP, the term “vendor,” “offeror,” and “proposer” are
considered to have the same meaning.
1.2 About The City of Lake Elmo
The City of Lake Elmo was incorporated in 1926 and is a statutory city in the State of Minnesota six miles east
of St. Paul Minnesota. Located in Washington County, it covers 25 square miles and has an estimated
population of 9,000, which represents 3,100 households.
Policy-making and legislative authority are vested in a governing council consisting of an elected Mayor and
four council members. Per Minnesota State Statute, the governing council is responsible for passing
ordinances, adopting an annual budget, appointing committees and hiring both the city’s administrator and
attorney. The City Administrator is responsible for carrying out the policies and ordinances of the governing
council and overseeing the day-to-day operations of the city. The Council is elected on a non-partisan basis.
The Mayor serves a four-year term and council members serve a four-year staggered term, with two of these
positions elected every two years. The Mayor and the Council are elected at-large. The City also has a
Finance Committee, which reviews the City’s Budget, Capital Improvement Plan, financial policies and makes
recommendations to the City Council for consideration. All Finance Committee members are not members of
the City Council, but are appointed by the City Council.
The City of Lake Elmo provides a full range of Services including fire protection services, construction and
maintenance of streets and infrastructure; recreational facilities; and water, sanitary sewer and storm water
utility services. The City contracts with the Washington County Sheriff’s Department for police services.
1.3 Project Objectives
The City of Lake Elmo is planning to replace its current financial and information systems environment with an
ERP system. In doing so, the City seeks to address several challenges in the current environment, including
but not limited to:
Lack of functionality in current systems.
Limited online self-service functionality and payment options.
Limited reporting capabilities in current systems.
Lack of integration among systems.
Manual workflow processes.
City accounts receivable information is tracked in MS Excel.
Lack of budget forecasting capabilities.
Limited access to the existing system.
Need for more robust project tracking.
Time entry and approval is manual.
Current hardware is no longer supported.
1.0 RFP Introduction and Background
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 6
In order to address these challenges and others, the City has initiated an enterprise -wide project to adequately
plan for, select, and implement an ERP system. Section 2.0, Project Scope, outlines the features and
functionality desired in a future ERP system as well as the professional services activities to be a part of
implementation.
1.4 Definitions
ADDENDA – Written instruments issued by the City of Lake Elmo prior to the date for receipt of Proposals,
which modify or interpret the Request for Proposal (RFP) documents by addition, deletions, clarification or
corrections.
CITY - The City of Lake Elmo, a political subdivision of the State of Minnesota.
CITY EVALUATION TEAM – The group of City staff that will be evaluating vendor proposals
CITY IMPLEMENTATION TEAM – The group of City staff that will be leading the software implementation.
CONTRACT DOCUMENTS - The proposed Agreement will consist of the Request for Proposals, submitted
Proposal, including any diagrams, blueprints, addenda, and the City’s Standard Agreement for Professional
Services.
CONTRACTOR -The qualified Vendor/consultant that is awarded a contract to provide ERP software and
implementation services for the City of Lake Elmo.
PROJECT – The ERP implementation project.
PROPOSAL – A complete and properly signed proposal to provide goods, commodities, labor or services for
the sum stated and submitted in accordance with the Request for Proposal.
PROPOSER - The person, Contractor, corporation or other entity submitting a Proposal on items listed in the
RFP Documents and thereby agreeing to meet the terms and conditions of th e specifications if awarded the
contract.
VENDOR - The person, consultant, corporation or other entity submitting a Proposal on items listed in the RFP
and thereby agreeing to meet the terms and conditions of the specifications if awarded the contract.
1.5 No Obligation
The inquiry made through this RFP implies no obligation on th e part of the City of Lake Elmo.
1.6 RFP Schedule of Events
The following RFP Schedule of Events represents the best estimate of the schedule the City will follow. The
City has performed extensive planning work and has planned to meet the dates described below. Vendors are
encouraged to hold the demonstration dates listed. The City has an aggressive schedule for implementation
and will need to stay on the schedule of dates listed below in order to meet its implementation goals. If a
component of the schedule is delayed, it shall be anticipated that the remaining components will also be delayed
by a similar number of days. Any significant change to the schedule will be published via RFP Addendum.
Table 01: RFP Schedule of Events
Event Estimated Date
Request for Proposals Published August 2, 2017
Deadline for Proposal Submissions September 1, 2017
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 7
Points of Contact
Short List Vendors notified September 6, 2017
Vendor Demonstrations September 13-14, 2017
Preferred Vendor Notified September 21, 2017
Begin Contract Negotiations October 4, 2017
1.7 Pre-Qualification of Vendors
The City has not employed a pre-qualification process. No vendors are either pre -qualified or precluded from
responding to this RFP.
1.8 Minimum Qualifications
In order for proposals to be evaluated and considered for award, proposals must be deemed responsive. To be
deemed responsive, the submitted proposal documents shall conform in all material respects to the
requirements stated by the RFP, and, proposers shall document and validate the capability to fully perform all
requirements defined by the RFP. Factors to be considered include, but are not limited to: experience, integrity,
reliability, capacity and other factors required to provide the services defined by the RFP.
1.9 Partnerships
Proposers are encouraged to establish partnership relationships to fully provide all requirements defined by the
RFP. Vendors engaged in a partnership relationship shall submit a single proposal in response to this RFP.
Partnership relationships shall be clearly defined by proposal responses. Such definition shall identify the entity
in the partnership relationship deemed the Prime Vendor. It is expected that any item in the proposal response
guidelines that relates to an individual vendor’s capabilities shall be responded to for each vendor in the
partnership relationship.
1.10 Incurred Expenses
Neither the City of Lake Elmo nor any of its offices or employees shall be responsible for any cost incurred by
a proposer in preparing and/or submitting a proposal response or participating in presentations as part of the
evaluation procedure.
1.11 Questions and Inquiries
The following table provides the contact information in order of preference by the City.
Table 02: Points of Contact
Brian Swanson – Finance Director
bswanson@lakeelmo.org
651-747-3909
Kristina Handt – City Administrator
khandt@lakeelmo.org
651-747-3905
Amy LaBelle – Accountant
alabelle@lakeelmo.org
651-747-3916
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 8
Questions and inquiries related to this procurement, including questions and inquiries related to technical issues
are to be submitted in writing via email and directed to the contacts in Table 02 above.
All questions and inquiries related to this RFP must reference the RFP or attachment page n umber and section.
Questions shall be concise and numbered.
1.12 Clarification and Discussion of Proposals
The City may request clarifications and conduct discussions with any proposer who submits a proposal.
Proposers must be available for a presentation to the City on specific dates if selected for software
demonstrations.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 9
2.1 Functional Areas
The following table contains the list of functional areas of the desired ERP system.
Table 03: Functional Areas
No. Functional Area
1 General Ledger and Financial Reporting
2 Budgeting
3 Accounts Payable
4 Accounts Receivable and Cash Receipts
5 Project Accounting
6 Capital Assets – (Optional)
7 Human Resources
8 Payroll
9 Special Assessments – (Optional)
10 Utility Billing – (Optional)
The City has identified an anticipated go-live date for core financials functionality of January 2, 2018.
2.2 City and Project Staffing
The City intends to utilize existing staffing during the implementation process. Additional City resource planning
has not been completed and will be based on the resource estimates and staffing plan provided by the vendor.
2.3 Number of Users
The following user counts by module contained in Table 04 are estimates and are provided for planning
purposes only.
Table 04: Number of Users
No. Functional Area Total Users
1 General Ledger and Financial Reporting 10
2 Budgeting 10
3 Accounts Payable 10
4 Accounts Receivable and Cash Receipts 5
5 Project Accounting 10
6 Capital Assets 4
7 Human Resources 4
8 Payroll 5
9 Special Assessments 4
10 Utility Billing 7
The estimated total users does not reflect those that may need concurrent access. As the City is projecting
2.0 Project Scope
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 10
these total user counts, vendors should make any needed estimates for concurrent users based on experiences
with organizations of similar size to the City of Lake Elmo.
2.4 Current City Applications Environment
The City of Lake Elmo currently uses Springbrook Software Version 6.00 to meet the Enterprise Resource
Planning (ERP) software needs of its users, including (but not limited to) the following modules: Accounts
Payable, Bank Reconciliation, Cash Receipts, General Ledger, and Payroll. The City has not upgraded the
Springbrook software in many years, as version 7.18.2 is available and utilized by other Springbrook clients,
which is cloud, based.
The City also uses Banyon utility billing software; however, Banyon is not fully integrated with Springbrook. As
such, data must be periodically uploaded into Springbrook. Both systems are used primarily by the Finance
Department. Other systems and programs currently used by the City include:
PermitWorks – This software is utilized by the Building and Finance Departments for licenses and permits, with
integration possible, which is just beginning implementation.
Beehive - The Public Works department is currently using Beehive for asset tracking, which does not integrate
with Springbrook.
Laserfiche Document Management System - The City currently uses Laserfiche Document Management
System version 9.1.1. Integration between Laserfiche and Springbrook does not exist therefore users are
required to search both systems for relevant information. End users also reported that finding documents in
Laserfiche can be difficult and integration with a future system should decrease the need to search directly
within Laserfiche.
Other systems and programs currently used by the City include:
Neptune – Utility Billing
AutoRead – Utility Billing
Plan-It! Capital Improvement Software – This does not integrate with Springbrook and not anticipated it would
need to be capable with future software.
Microsoft Windows – overall system environment of the City.
SCADA
2.5 Current City Technical Environment
The following sub-sections describe areas of the City’s technical environment.
1. Support Model
Technology in the City is coordinated by the City Clerk and Finance Director and provided by the City of
Roseville’s Information Technology Department on a contractual basis. In addition, the City has support
agreements for Springbrook through Accela, PermitWorks, and for its Utility Billing software Banyon.
2.6 Gap-Fit Analysis
The City expects the selected vendor to conduct a high -level gap-fit analysis and the functionality available in
the selected software product. The gap-fit analysis will identify areas where the City may be required to change
existing business processes or potentially customize the ERP system to accommodate unique process
requirements. The City desires to limit the number of customizations in the future environment and will work
with the vendor to review the results of the gap-fit analysis and determine where customizations would be
beneficial.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 11
The City expects that the vendor will review the results of the gap-fit analysis with City staff in onsite meetings
at the initiation of the project. The vendor will update its response to the Functional and Technical Requirements
based on this discussion with any necessary changes to ensure the v endor and the City have a common
understanding of all business and technical requirements.
2.7 Implementation Project Plan
As part of the Project Scope, the selected vendor must develop and provide the City with a detailed
Implementation Project Plan that, at a minimum, will include the components listed below.
1. Project Objectives: This section should include overall project objectives.
2. Project Deliverables and Milestones: This section should include a list of deliverables and milestones
of the project and with each deliverable or milestone, this section should describe exactly what will be
provided and how it will be provided to meet the needs of the City.
3. Project Schedule: This section of the Project Plan should identify the dates associated with
deliverables and milestones described in Section 2 of the Project Plan. In addition, the Project Plan
should reflect project predecessors, successors and dependencies.
2.8 Software Customization Plan
As part of the Project Scope, the selected vendor will develop and provide a detailed Software Customization
Plan that includes anticipated customizations and their impact to the overall project schedule, budget, and final
success. This software customization plan should describe the process that the City and the vendor will engage
in for accepting the software modifications. While it is the City’s intent to utilize the vendor system’s existing
capabilities and embedded best-practice business processes, it recognizes that there will be some critical work
processes that require some amount of software customization.
2.9 System Interface Plan
As part of the Project Scope, the selected vendor will develop and provide a detailed System Interface Plan that
contains the proposed strategy for interfacing to all applications. During the gap-fit analysis, vendors will conduct
the work necessary to gain an understanding of the existing environment and the complete list of interfaces that
will need to be developed.
2.10 Data Conversion Plan
As part of the Project Scope, the selected vendor will develop and provide a detailed Data Conversion Plan that
describes how files will be converted to the proposed system (e.g., through software conversion aids/utility
programs or special programs that must be written, the actual conversion procedures, etc.). The City would like
to understand how the proposer would approach developing the data conversion plan, and the proposer’s
project team to convert existing data as well as to interface with identified source systems will undertake what
processes. A conversion schedule should identify planned conversion steps, estimated hours, and what
resources will be required (by City or proposer) for all pertinent legacy data. Data conversion shall occur when
migrating to the new application. The proposer is expected to assist the City in the conversion of both electronic
and manual data to the new system. It is expected that the City will be responsible for data extraction from
current systems and data scrubbing and that the proposer shall be responsib le for overall data conversion,
coordination, definition of file layouts, and data import and validation into the new system(s). Proposers should
plan to have converted data ready for the User Acceptance Testing phase of the project.
2.11 Testing Plan
As part of the Project Scope, the selected vendor will develop and provide a Testing Plan that describes all
phases of testing: unit, system, interface, integration, regression, parallel, and user acceptance testing. It is the
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 12
City’s expectation that the T esting Plan govern all phases of the project and that the vendor will provide
assistance during each testing phase involving City users. The vendor will develop the initial User Acceptance
Testing (UAT) plan, provide templates and guidance for developing test scripts, and will provide onsite support
during UAT. The vendor will also provide a plan for stress testing of the system that will occur during or after
UAT.
2.12 Training Plan
As part of the Project Scope, the selected vendor will develop, provide, and manage a detailed plan for training.
This Training Plan must include the information described below.
1. The role and responsibility of the software and/or implementation vendor in the design and
implementation of the training plan (e.g., development of customized training materials, delivering
training to City end users).
2. The role and responsibility of the City staff in the design and implementation of the training plan.
3. Overview of proposed training plan/strategy, including options for on-site or off-site training services,
for the core project implementation team, end users, and technology personnel.
4. Proposed training schedule for City personnel of various user and interaction levels.
5. Descriptions of classes/courses proposed in the training plan. (The vendor should specify the unit of
measure for its training, e.g., units, classes, days, etc., and define the hours associated with these units
of measure.) The vendor must be very clear about exactly what training courses are included in the
cost of the proposal.
6. The knowledge transfer strategy proposed by the software and/or implementation vendor to prepare
City staff to maintain the system after it is placed into production.
7. Detailed description of system documentation and resources that will be included as part of the
implementation by the vendor including, but not limited to, detailed system user manuals, “Quick
Reference” guides, online support, help desk support, user group community resources, and others as
available.
It is the City’s intention that the selected vendor will coordinate the training of City personnel in the use of its
application and that satisfactory implementation of an approved training plan will be a key component of this
project’s deliverables.
The proposer will provide documentation, including training manuals and agendas, before each training session
with City staff.
2.13 System Documentation
As part of the Project Scope, the selected vendor will develop and provide documentation that describes the
features and functions of the proposed application software. The documentation shall be provided for both users
and the technical personnel who will administer and maintain the system. It is desirable that differing levels of
documentation (user documentation and technical documentation) exist. The selected vendor shall provide
documentation in web-based and PDF forms for each application module.
Proposers shall provide sample System Documentation as part of responses in accordance with the Submittal
Response Format described in Section 4.0. In addition, proposers shall provide an overview of the system
documentation that will be provided as part of system implementation.
2.14 Risk Register
As part of the Project Scope, the selected vendor will develop and maintain a documented Risk Register. Such
Risk Register will be maintained in a centrally accessible location (i.e., project portal) and be regularly updated.
For each risk identified, the vendor shall be responsible to develop an impact summary and a mitigation strategy
in a timely fashion.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 13
3.1 Evaluation Process
The City’s Evaluation Committee will initially review and evaluate each proposal received to determine the
proposer’s ability to meet the requirements of the City. The evaluation criteria described in Section 3.2 will be the
basis for evaluation.
The Evaluation Committee will determine the vendor (s) best suited to meet the needs of the City based on the
scoring of the evaluation criteria.
The City, at its sole discretion, reserves the right to have system demonstrations with any or all proposers.
Demonstrations will be conducted at City offices. Time limitations and demonstration requirements will be provided
with the notification. Each Evaluation Committee member will score the demonstration.
Demonstrations will be assigned a portion of the overall Technical Capability score. The City may elect, at its sole
option, to conduct discussions or demonstrations with all, some or no proposers. Demonstrations will involve a
scripted demonstration as well as a demonstration “lab.”
The City may request additional information or clarification of proposals and hereby reserves the right to select
the particular response to this RFP that it believes will best serve its business and operational requirements,
considering the evaluation criteria set forth below.
3.2 Evaluation Criteria
The evaluation criteria in the following table are intended to be the basis by which each pro posal will be evaluated,
measured, and ranked. The City hereby reserves the right to evaluate, at its sole discretion, the extent to which
each proposal received compares to the stated criteria. The recommendation of the Evaluation Committee shall
be based on the evaluations using the criteria.
Table 05: Evaluation Criteria
Criteria Description Maximum Score
Functional &
Technical
This criterion considers both the qualifications of the
personnel proposed to provide the services solicited by this
RFP and the products that are proposed to be used in
performing the services solicited by this RFP. In evaluating
the proposer’s products, the City will consider the business
benefits and the business process improvements because
of implementing the proposer’s products.
35 points
Approach
This criterion considers the proposer’s understanding of the
scope of work and the quality and clarity of the proposer’s
written methodology and description of the proposed
approach to accomplish the work.
20 points
Experience
This criterion considers (1) the proposer’s past performance
on any City contracts, (2) the results of reference checks,
and (3) the proposer’s experience in providing the services
solicited by this RFP as set forth in the proposer’s response.
20 points
Cost
This criterion considers the price of the services solicited by
this RFP. Proposers will be evaluated on their pricing
scheme as well as on their price in comparison to the other
proposers.
25 points
3.3 Best and Final Offer/Request for Clarification
A Best-and-Final-Offer process may be initiated if it is determined to be in the best interest in the City. Such
3.0 Proposal Evaluation and Award
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 14
process may be initiated following any evaluation process step.
Additional processes of scope and cost clarification may be employed as part of the evaluation process.
3.4 Negotiations and Contract Execution
The City reserves the right to negotiate the final terms and conditions of the contract to be executed. In the event
the City and the vendor are unable to agree upon all contract provisions, the City reserves the right to cease
negotiations, to select another vendor, or to reject all Proposals.
3.5 Contracting Ethics
1. No elected official or employees of the City who exercise any responsibility in the review, approval, or
implementation of the Proposal shall participate in any decision that affects his or her direct or indirect
financial interests.
2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or
Council person, or for any City employee or Council person to solicit, demand, accept, or agree to
accept from another person or agency, a gratuity or an offer of employment whenever a reasonable
prudent person would conclude that such consideration was motivated by an individual, group, or
corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded
the general public.
3. The Vendor shall not assign any interest in this contract and shall not transfer any interest in the same
without the prior written consent of the City.
4. The Vendor shall not accept any private client or project that may place it in ethical confl ict during its
representation of the City.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 15
4.1 General Instructions
Proposers submitting proposals must follow the following instructions :
1. The deadline for proposal submissions is established in Section 1.0, RFP Introduction and Background.
The proposal deadline is August 17, 2017 at 4:00 PM Central Time. Proposals received after this deadline
will not be accepted and will be returned to proposer.
2. Proposers shall submit four (4) hard copies of the Technical Proposal and four (4) hard copies of the Cost
Proposal under separate covers to the City at the address contained in Table 06. One (1) hard copy of
the Technical Proposal and one (1) hard copy of the Cost Proposal should be clearly marked as “Original,”
and the remaining copies should be clearly marked “Copy”.
3. Proposers shall submit an electronic version of the Technical Proposal and an electronic version of the
Cost Proposal on a USB drive to the City along with hard copy proposals.
4. Mailed proposals shall be clearly labeled on the outside of the packaging with the RFP Title.
5. The mailing address for proposals is contained in the following table.
Table 06: Proposal Mailing Address
City Mailing Address
City Lake Elmo
Attn: RFP – ERP Solution
3800 Laverne Avenue North
Lake Elmo, MN 55042
4.2 Transmittal Letter and Executive Summary
The first tab of the proposal should contain the Transmittal Letter and Executive Summary. The Transmittal Letter
shall be signed by an authorized representative of the company such as the owner, partner, or in the case of a
corporation, the President, Vice President, Secretary, or other corporate officer(s).
The Transmittal Letter must provide the proposer’s primary contact information, including the following:
1. Name of the proposer representative
2. Title
3. Name of company
4. Address
5. Telephone number
6. E-mail address and
7. Signature of authorized officer of the firm
The Transmittal Letter shall be printed on the proposer’s letterhead.
The Transmittal Letter shall clearly express understanding and acceptance of all specifications, terms, conditions,
and requirements set forth in this RFP.
The Executive Summary should provide a brief summary of the proposal contents, emphasizing any unique
aspects or strengths of the proposal. The Executive Summary may be incorporated as part of the Transmittal
Letter.
4.0 Submittal Response Format
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 16
Tab 1 should not exceed three pages.
4.3 Project Approach and Software Solution
The second tab of the proposal should include a description of the proposed approa ch for providing the services
described in Section 2.0, Scope of Work. This section must also include a summary description of the capabilities
for each functional area of the Functional and Technical Requirements contained in Attachment B in narrative
format. The purpose of this summary is so that the City has a high -level understanding of the proposed solution.
The narrative should be written for an audience of the end-user community. Descriptions should be included for
any products proposed by third parties to meet the capabilities described in the Functional and Technical
Requirements in Attachment B.
Marketing materials should not be submitted on the proposed functionality.
Proposers shall describe any assumptions made in proposals in detail. These s hould include any assumptions
related to the current City technical environment, staffing, project management approach, and City resources
available during implementation and support phases.
4.4 Implementation Methodology
The third tab of the proposal should include a comprehensive description of the proposed implementation
methodology for the project. The description should include how the proposer has developed this methodology to
both incorporate lessons learned from experiences as well as to meet the needs described in Section 2.0, Project
Scope.
The City has identified an anticipated go-live date for core financials functionality of January 2, 2018. As part of
the third tab of the proposal, vendors shall include a proposed project schedule.
Proposers should also include a sample Project Plan as part of the third tab.
4.5 Company Background and History
The fourth tab of the proposal should include a comprehensive narrative history of the firm, including the
development of its experience in providing services similar to those described in Section 2.0, Scope of Work. The
following points should be addressed in the fourth tab of the proposal.
1. Total number of employees
2. Office locations
3. Total number of active clients
4. Total number of active government clients
5. Total number of active city government clients
6. Total years offering government ERP systems
7. Largest active government installation including population
8. Smallest active government installation including population
9. Other products offered by company
10. Mergers and acquisitions in the past ten years including the entities involved
If a partnership with third-party companies is a part of a proposal, the company background and history shall be
provided for all third-party companies. It is expected that all of the points above shall be addressed for each
company involved in a proposal, prime or third party.
4.6 Key Proposed Personnel and Team Organization
The fifth tab of the proposal should include the resumes of the proposed project personnel as well as the structure
of the proposed Vendor Project Team. The resumes and structures shall be provided for the implementation team
as well as the personnel involved in live operation and ongoing support and maintenance.
Resumes shall be specific to the actual personnel to be assigned to this project for all primary roles.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 17
The City reserves the right to require background checks be conducted on any individual conducting work as
either an employee of the vendor or on the vendor’s behalf.
4.7 Project Roles and Responsibilities
The sixth tab of the proposal should include the proposed resource levels for the City and Vendor Project Teams.
The tab shall include the completed Resource Hours Worksheet contained in Attachment B.
Vendors shall provide resource hour estimates by system module for each of the project activities contained in
the two worksheets. A worksheet is provided for the City Project Team and a second worksheet is provided for
the Vendor Project Team. Resource hour estimates provided should be based on the descriptions in Section 2.0,
Project Scope.
4.8 Project Schedule
The seventh tab of the proposal should include the proposed project schedule including major milestones,
activities, and timing of deliverables.
4.9 Data Conversion Plan
The eighth tab of the proposal should include the proposed Data Conversion Plan that will ensure the City’s
desired data is transferred to the new system. The Plan shall include estimated work levels as well as roles and
responsibilities related to data conversion, for both the City and the vendor, organized by module.
4.10 Sub-Contracting
The ninth tab of the proposal should identify any of the required services that are proposed to be sub- contracted,
if any. For each of these services the following should be provided:
1. Summary of service
2. Reasons for sub-contracting
3. Proposed sub-contractor
4. Detailed sub-contractor responsibilities
5. Sub-contractor name
6. Sub-contractor location
7. Sub-contractor experience
8. Previous use of sub-contractor and
9. Any additional relevant information
4.11 References
The tenth tab of the proposal should identify the proposer’s references for the project. Propo sers shall provide at
least three (3) City government clients with whom the proposer has worked with in the past five (5) years and that
are of similar size and complexity to the City of Lake Elmo. References shall be preferred from City governments
that have been live with the current software version for a minimum of two (2) years.
In the event the proposer cannot provide the required references, substitution of other organizations should be
made to ensure three (3) total references are provided. Proposers shall indicate how these substitute references
deviate from the requested characteristics.
If possible, the City prefers references that were managed by the same pro ject manager recommended for the
City. This section of the RFP response should also include an affirmative statement that the proposer grants its
consent for the City to contact the proposer’s references for purposes of evaluating the proposer for this pro ject
and acknowledges that any information obtained from the proposer’s references will not be disclosed to the
proposer.
4.12 Response to Narrative Questions
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 18
The eleventh tab of the proposal should include the proposer’s response to the following narrative q uestions. The
total tab length shall not exceed fifteen pages.
1. Based on information provided in this RFP and experience in working with other cities, what is the
proposer’s perspective on the most significant risks to this project and how do you plan to m itigate these
risks?
2. What is your process for monitoring, escalating, and resolving issues that will arise during the project?
3. How do you propose to keep the project on task?
4. Provide a clear description of project management responsibilities between the City and the Vendor.
5. What is the earliest you can begin implementation after contract signing?
6. Please describe your organization’s recommended approach toward retention of legacy financial, budget,
revenue, and payroll data. Please describe what options are available/supported within your proposed
solution.
7. What other system modules or products would the proposer recommend to be complementary to the
Project Scope as described in Section 2.0?
8. Describe how your software solution can support the annual proce ss of reviewing capital projects to
determine which expenditures should be capitalized, which should be operating expense and which
should remain as work-in-progress.
9. How can your system import CIP information from a third party, external source?
10. The City intends to consider implementing customer self-service functionality in future phases of the
project. Please describe the available functionality of your software for providing citizen self-service.
11. What is your approach to managing documents in an environment where a City has an existing enterprise
document management system? What documents might exist in an integrated ERP content manager
versus the DMS?
12. The City currently has limited usage of credit cards but may expand this in the future. Please describe
your ability to integrate with credit cards for City purchases.
13. What strategic decisions or direction is your firm taking or making related to the product being proposed
today?
14. What is the name and current release number of the product being proposed?
15. When will the next release be available?
16. How long does the typical implementation of the product being proposed take for an organization of
similar size to the City?
17. Does your firm complete the implementations of the product being proposed or is this effort outsourced?
18. What other applications will the product being proposed integrate with or have integrated with in the
past?
19. What sets your firm’s product being proposed apart from your firm’s competitors?
4.13 Software Hosting
The twelfth tab of the proposal shall include a full description of the respondent’s technical and operational capabilities
for software hosting.
The respondent shall include the following information in addition to this description:
1. Where are the data center and storage facilities?
2. Total number of active clients currently served by hosted solutions provided by your company.
3. How many years has your company provided hosted solutions?
4. How are hosted software applications deployed for use by numerous customers?
5. What availability and response time do you guarantee?
6. How many instances of unplanned outages have any of your customers experienced within the past five
(5) years?
7. What is your process for notification of standard maintenance and downtime?
8. The respondent shall provide relevant documentation related to any recent certifications related to their
hosting technical and operation capabilities.
4.14 Exceptions to Terms and Conditions
The thirteenth tab of the proposal should include any exception the proposer takes to the terms and conditions
set forth in this RFP. It is the City’s intention to be made aware of any exceptions to terms or conditions prior to
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 19
contract negotiations.
4.15 Price Proposal
The proposer’s Price Proposal should be provided separately from all tabs of the proposer’s Technical Proposal.
The Price proposal shall consist of two sections:
1. The completed Cost Proposal Worksheet as contained in Attachment A. Proposers shall not modify the
worksheets in any way.
2. The proposer’s standard travel and expense policy.
3. Agreement with Payment and Retainage. The proposer shall provide a brief statement of agreement with
the Payment and Retainage terms identified in this RFP. If a proposer does not agree with all items, a
description should be provided of those items for which exception is taken.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 20
5.1 Contract Type
The resulting contract from this procurement shall be a not-to-exceed based contract in the form of the City’s
Standard Agreement for Professional Services attached to this RFP. The initial contract price will be based upon
prices submitted by the selected vendor, subject to contract negotiations with the City, and shall be firm for the
total number of years of the contract.
5.2 Contract Term
The Agreement shall be effective upon the date the Agreement is signed by both the City and the Contractor,
which will expire upon completion of the services covered by the Agreement. The City or the Contractor only
pursuant to the terms of the contract may terminate this Agreement .
5.3 Contract Review
The vendor will meet with the City not less than once per quarter to conduct a contract and performance review
of the vendor. These meetings will be either in person in Lake Elmo, Minnesota, or via teleconference or web-
conference. This contract and performance review will include a review of the pricing, delivery performance,
customer service, and improving operational efficiencies.
5.4 Contract Changes
Written requests for price changes in term contracts after the firm price period must be submitted in writing to the
City. Any increase will be based on the vendor’s actual cost increase only, as shown in written documentation. All
requests for price increases must be in writing, must not constitute increases in profit, and must contain data
establishing or supporting the increase in cost. At the option of the City, (1) the reques t may be granted; (2) the
contract may be cancelled and solicitation may be re -advertised; or (3) the contract may be continued without
change.
The City will accept or reject all such written requests within thirty (30) days of the date of receipt of vendor’s
request for price increase or receipt of proper written documentation, whichever is later.
If a price increase is approved, the City will issue an amendment to the contract specifying the date the increase
will be effective. The vendor will be required to send notice to all users of the contract. All services and related
accessories are to be billed at prices in effect at the time the service was rendered or order was placed.
If a price increase is rejected, the vendor will be notified and the co ntract will continue without change.
All other contract changes will be effective only on written agreement signed by both parties.
5.5 Contract Approval
This RFP does not, by itself, obligate the City to award a contract. The City’s obligation will commence following
the City Council’s approval of a contract. Upon written notice to the vendor, the City may set a different starting
date for the contract. The City will not be responsible for any work done by the vendor, even work done in good
faith, if it occurs prior to the contract start date set by the City.
5.6 Contract Dispute
In the event of contract dispute, dispute proceedings will be held in the State of Minnesota. Mediation will be a
mandatory first step in the event of a dispute, prior to any legal acti on as set forth in the contract.
5.0 Contract Terms and Conditions
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 21
5.7 Payment and Retainages
The City understands that there will be potentially three types of costs that are associated with procuring a new
system: software licensing, implementation services and annual maintenance costs. In the following sub-sections,
each type of cost is defined and the City’s expectations for payments and retainage associated with these costs
are described.
1. Software Licensing Cost
Software license costs include all costs related to licensing the software application and include third-
party software license fees, where applicable. In presenting software license fees, the proposer shall:
Explain all factors that could affect licensing fees;
Make clear what type of license is offered for each price (named user, concurrent user, installed
copies, processor-based, etc.);
Indicate which product versions, operating platform(s), are included for each price;
Indicate whether a product is for “server” or “client,” as applicable; and,
Make clear the extent of any implementation services that are included in the license fees
(installation, configuration, training, etc.).
To the extent possible, the proposer shall show any applicable discounts separately from the prices for
products and services. The City requests that the proposer provide separate prices for each functional
area/module in the proposed solution. In addition, the City expects software maintenance costs will not
increase in the first three years starting from beneficial use of each module. The City will provide payments
associated with software license fees on a milestone basis described in the following table.
Table 7: Software Licensing Payment Milestones
Project Milestone (for
each phase of the
implementation)
License
Payment (%
of Total)
Associated Test
Project Launch and
Project Plan Approval 20% Launch Meeting has been completed and the City
has signed off on the Project Plan deliverable.
Initial System
Implementation 20% Identified users can access the off-the-shelf system
from all workstations.
System Configuration
Complete
25%
The City has provided formal acceptance that all
business requirements have been successfully
configured and end users can access the
configured test environment. End users are fully
trained to undertake UAT activities.
Approval of Go-Live 20% The City has signed off on the UAT test results.
Acceptance of System 15% The City has signed off on at least two months of
system operations and financial statements.
2. Implementation Services Cost
Implementation service costs include all costs related to implementation, configuration, data conversion,
customization, and training. Typically, implementation service costs are provided as “not to exceed”
estimates and the City will be charged for services as incurred.
The City will pay eighty-five percent (85%) of the implementation service costs on a monthly basis as
incurred on the project. Fifteen percent (15%) of the implementation service co sts will be retained (as a
“hold-back”) until successful completion of the associated project phase. The fifteen percent (15%) hold -
back will be paid to the vendor upon City’s written acceptance of the system (see above for associated
test criteria) and sign-off at phase completion.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 22
Costs for the proposed solution should be submitted on the Cost Worksheet (Attachment A). It is important
to note the following:
The City will not consider time and materials pricing. Proposers shall provide fir m and fixed
pricing based on the functionality described. For each item, indicate if the cost is one -time,
annual, or other;
The proposer shall provide price information for each separate component of the proposed
solution, as well as the costs of any modifications;
In the event the product or service is provided at no additional cost, the item should be noted as
"no charge;”
In the event the product or service is not being included in the proposal, the item should be
noted as "No Bid;” and,
Proposer shall make clear the basis of calculation for all fees.
All travel expense costs must be included in the proposer’s fixed price cost. The City will not make a
separate payment for reimbursable expenses. The City shall not be liable for additional travel costs
incurred due for any reason outside the City’s control.
3. Annual Maintenance Cost
Annual maintenance costs include the annual maintenance and support fees for the application
environment. For example, the annual maintenance fees associated with Accounts Payable will be paid
upon City acceptance of the project phase associated with the Accounts Payable module. The City will
not pay maintenance fees on functional areas until City sign -off has been provided to approve live
operation for one year after go live. The City expects software maintenance costs will not increase in the
first three years upon live operation.
5.8 Taxes and Taxpayer Information
The awarded vendor must provide a valid W -9 form within five (5) days of notification of award.
The City will be paying any taxes in accordance with all applicable regulations.
5.9 Federal Requirements
The vendor must comply with all known federal requirements that apply to the proposal, the evaluation, and the
contract.
5.10 Confidential Information
Any written, printed, graphic, or electronic or magnetically recorded information furnished by the City for the
proposer’s use are the sole property of the City. This proprietary information includes, but is not limited to,
customer requirements, customer lists, marketing information, and information concerning City employees,
products, services, prices, operations, security measures, and subsidiaries.
The proposer and its employees shall keep this confidential information in the strictest confidence, and will not
disclose it by any means to any person except with City approval, and only to the extent necessary to perform the
work under the agreement. This prohibition also applies to the proposer’s employees, agents, and subcontractors.
On termination of the agreement, the proposer will promptly return any confidential information in its possession
to the City.
5.11 City Property
The use of any City property must be approved in advance.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 23
5.12 Warranty
A warranty is sought for both the software and implementation services. It is assumed that proposers have priced
their services to recognize these warranty provisions. The extent of the warranty coverage will be evaluated as
part of the overall procurement process.
5.13 Source Code
Selected vendors shall place source code for the software modules licensed by the City in a repository. The
source code shall be kept current with the releases / version of the software in live use at the City. The source
code shall revert to the City for the City’s use if the vendor files for bankrup tcy or protection from creditors in a
court of law. The City shall then have full rights to use source code for any purposes other than resale.
Within thirty (30) calendar days of the vendor going out of business or no longer supporting the software being
licensed, the vendor shall provide appropriate source code to the City. The same applies if the vendor is merged
or acquired and the software is no longer supported. Once the City obtains the source code, it shall be a perpetual
license, and there shall not be any additional fees due, even if additional licenses are deployed.
5.14 Insurance Requirements
Amounts of Insurance
The Contractor shall maintain insurance coverage in the amounts set forth in the attached Standard Agreement
for Professional Services during the entire term of the contract. The City shall be named as an additional insured
on said commercial general liability policy and certificates of said insurance evidencing all of the coverages
required shall be provided to the City before any work on this project may commence . The Contractor shall not
allow any sub-contractor to commence work until all insurance has been obtained and copies have been filed and
accepted by the City. The Contractor shall be responsible for maintaining a valid certificate of insurance
referencing the limits included below on file with the City.
The Contractor must notify the City in writing thirty (30) days prior to cancellation or change in terms of the above
insurance coverage. All insurance must be provided at the Contractor’s expense and at no additional cost to the
City.
Other Insurance Requirements
The selected vendor agrees that it is its sole responsibility to provide the required Certificate of Insurance and that
failure to comply within ten (10) business days following notice of award and according to the requirements of this
RFP shall be a cause for termination of the contract.
Insurance requirements herein shall be issued by a company or companies of sound and adequate financial
responsibility and authorized to do business in the State of Minnesota. All policies shall be subject to examination
and approval by the City Attorney’s office for their adequacy as to form, content, form of protection, and providing
company.
Insurance requirements by this contract for the City as additional insured shall be primary insurance and not
contributing with any other insurance available to City, under any third party liability policy.
The selected vendor further agrees that with respect to the required insurances, the City shall:
1. Be named as additional insured/or an insured, on all required insurance except workers’ compensation.
2. Be provided with a waiver of subrogation, in favor of the City on all required insurance.
3. Be provided with an unconditional 30 days advance written notice of cancellation or material change.
4. Prior to execution of an agreement, be provided with either their original Certification of Insurance or
their insurance policy evidencing the above requirements.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 24
5.15 Conflict of Interest
Proposer shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations
including all amendments and revisions thereto, which in any manner affect Proposer or the services an d/or items
to be provided, specifically and not limited to any laws relating to conflicts of interest. Failure to comply with any
applicable laws, including the provisions of the Act, may result in: i) the forfeiture by Proposer of all benefits of the
Contract; ii) the retainage by City of all services performed by Proposer and iii) the recovery by City of all
consideration, or the value of all consideration, paid to Proposer pursuant to any awarded contract.
5.16 Pending and Recent Litigation
Proposers must disclose any pending or recent litigation they are involved in as a company. Recent is defined as
the past three years. Information provided should include the timeline of the litigation history, the subject of the
litigation, and the status of the litigation. Proposals must also disclose any pending litigation of any third -party
partners in the proposal.
5.17 Proposer’s Certification
By signature on the proposal, the proposer certifies that it complies with:
1. The laws of the State of Minnesota and is licensed to conduct business in the State of Minnesota;
2. All applicable local, state and federal laws, codes and regulations;
3. All terms, conditions, and requirements set forth in this RFP;
4. A condition that the proposal submitted was independently arrived at, without collusion; and,
5. A condition that the offer will remain open and valid for the period indicated in this solicitation; and any
condition that the firm and/or any individuals working on the contract do not have a possible conflict of
interest.
If any proposer fails to comply with the provisions stated in this paragraph, the City reserves the right to reject the
proposal, terminate the contract, or consider the proposer in default.
5.18 Offer Held Firm
Proposals must remain open and valid for at least 180 days from the deadline specified for submission of
proposals. In the event award is not made within 180 days, the City will send a written request to all proposers
deemed susceptible for award asking proposers to hold their price firm for a longer specified period.
5.19 Amendment/Withdrawal of Proposals
Proposers may amend or withdraw proposals prior to the deadline set for receipt of proposals. No amendments
will be accepted after the deadline unless they are in response to a request of the City. After the deadline,
proposers may make a written request to withdraw proposals and provide evidence that a substantial mistake has
been made. The City may permit withdrawal of the proposal upon verifying that a substantial mistake has been
made, and the City may retain the proposer’s bid bond or other bid type of bid security, if one was required.
5.20 Alternate Proposals
Proposers may not submit alternate proposals for evaluation.
5.21 Subcontractors
Subcontractors may be used to perform work under this contract. If the proposer intends to use subcontractors,
the proposer must identify in the proposal the names of the subcontractors and the portions of the work the
subcontractors will perform.
If a proposal with subcontractors is selected, the proposer m ust provide the following information concerning each
prospective subcontractor within five working days from the date of the City’s request:
1. Complete name of the subcontractor
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 25
2. Complete address of the subcontractor
3. Type of work the subcontractor will be performing
4. Percentage of work the subcontractor will be providing
5. Evidence, as set out in the relevant section of this RFP, that the subcontractor is registered and, if
applicable, holds a valid State of Minnesota business license
6. A written statement, signed by each proposed subcontractor, that clearly verifies that the subcontractor
is committed to render the services required by the contract and
7. A copy of the prime-contractor/sub-contractor contract verifying the prime-contractor has the sole
responsibility for any and all services under this RFP and is financially liable, without exception, to the
City for all services contracted by the proposer under this RFP
The proposer’s failure to provide this information, within the time set, may cause the City to consider its proposal
nonresponsive and reject it. The substitution of one subcontractor for another may be made only at the discretion
and prior written approval of the City Administrator, Finance Director, or contract administrator designated by the
City.
5.22 Joint Ventures
Joint ventures are acceptable. If submitting a proposal as a joint venture, the proposer must submit a copy of the
joint venture agreement that identifies the principals involved and its rights and responsibilities regarding
performance and payment.
5.23 Right of Rejection
The City reserves the right to reject any proposal, in completely or in part. Proposals received from debarred or
suspended vendors will be rejected. The City may reject any proposal that is not responsive to all of th e material
and substantial terms, conditions, and performance requirements of this RFP.
The City reserves the right to reject any proposal determined to be nonresponsive or any proposal from a vendor
deemed to be non-responsible. The City also reserves the right to refrain from making an award if it determines it
to be in its best interest.
5.24 Clarification of Proposals
In order to determine if a proposal is reasonably susceptible for award, communications by the City or the proposal
Evaluation Committee are permitted with any proposer to clarify uncertainties or eliminate confusion concerning
the contents of a proposal and determine responsiveness to the RFP requirements. Clarifications may not result
in a material or substantive change to the proposal. T he initial evaluation may be adjusted because of a
clarification under this section.
5.25 Rights to Submitted Material
It shall be understood that all proposals, responses, inquiries, or correspondence relating to or in reference to this
RFP, and all reports, charts and proposal or referencing information submitted in response to this RFP, shall
become the property of the City, and will not be returned. The City is subject to the Minnesota Government Data
Practices Act, Minnesota Statute Chapter 13, and all in formation submitted shall be disclosed as required by the
Act.
5.26 Contract Negotiation
After final evaluation, the City may negotiate with the offerors of the highest-ranked proposal. Negotiations, if held,
will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of
proposals. If any proposer fails to negotiate in good faith, the City may terminate negotiations and negotiate with
the offeror of the next highest-ranked proposal.
If contract negotiations are commenced, they will be held at the City of Lake Elmo office locations at a date and
time to be determined.
If contract negotiations are held, the offeror will be responsible for all costs including its travel and per diem
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 26
expenses.
5.27 Failure to Negotiate
If the selected proposer:
1. Fails to provide the information required to begin negotiations in a timely manner;
2. Fails to negotiate in good faith;
3. Indicates it cannot perform the contract within the budgeted funds available for the project; or,
4. If the proposer and the City, after a good-faith effort, cannot come to terms; then
The City may terminate negotiations with the proposer initially selected and commence negotiations with the next
highest-ranked proposer. At any point in the negotiation process, the City may, at is sole discretion, terminate
negotiations with any or all proposers.
5.28 Hold Harmless
The Proposer shall hold and save the City and its officers, agents, servants/employees harmless from liability of
any patented invention, process, article or appliance manufactured or used in the performance of the contract,
including its use by the City.
5.29 Protection of Resident Workers
The City of Lake Elmo actively supports the Immigration and Nationality Act (INA), which includes provisions
addressing employment eligibility, employment verification and non -discrimination. Under the INA, employers may
hire only persons who may legally work in the United Sta tes (i.e., citizens and nationals of the U.S.) and aliens
authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be
hired, which includes completing the Employment Eligibility Verification Form (I -9). The Proposer shall establish
appropriate procedures and controls so no services or products under the contract documents will be performed
or manufactured by any worker who is not legally eligible to perform such services or employment.
5.30 Statutory Information
Any consulting agreement resulting from this RFP shall be construed in accordance with the laws of the State of
Minnesota. Any litigation between the parties arising out of, or in connection with the contract shall be initiated in
the court system of the State of Minnesota.
All project participants, consultants, engineers and vendors must comply with all applicable federal, state and local
laws pertaining to contracts entered into by governmental agencies, including non-discriminating employment.
Contracts entered into because of submitting proposals are revocable if contrary to law.
5.31 Assignment or Subcontract
Neither party shall assign any right or interest, nor delegate or subcontract any obligation owed without the written
consent of the other.
5.32 Non-Discrimination Clause
During the performance of this Agreement, the Contractor will not dis criminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability,
age, marital status, or status with regard to public assistance. The Contractor will take affirmative action to ensure
that all employment practices are free of such discrimination. Such employment practices include, but are not
limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
5.33 ADA
The Contractor agrees to comply with the Americans with Disabilities Act Section 504 of the Rehabilitation Act of
1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 27
its services, programs, or activities. The Contractor agrees to hol d harmless and indemnify the City from costs,
including but not limited to damages, attorney’s fees, and staff time, in any action or proceeding brought alleging
a violation of ADA and/or Section 504 caused by the Contractor.
5.34 Audit
All books, records, documents and accounting procedures and practices of the successful Contractor relevant to
the Agreement shall, pursuant to Minnesota Statutes, Section 16C.05, subdivision 5, be subject to examination at
all times by the City and/or by the Legislative Auditor or State Auditor.
5.35 Laws
The Contractor will comply with all applicable local, state, and Federal laws, ordinances and regulations in the
performance of the Agreement. The Contract will comply with and be governed by all laws of the State of
Minnesota. Any violation shall constitute a material breach of the executed Agreement.
5.36 Human Rights
The Contractor agrees to comply with the Minnesota State Human Rights Act, Minnesota Statute Section 363.
5.37 Data Practices
The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act,
Chapter 13, of the Minnesota Statutes.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 28
See MS Excel spreadsheet “City of Lake Elmo ERP RFP Worksheets 7-27-17.xlsx”
Attachment A – Cost Worksheets
Attachment B – Resource Hours Worksheets
Worksheets
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 29
Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the day of , 20 , between
the City of Lake Elmo, Minnesota (hereinafter "City"), whose business address is 3800 Laverne Avenue
North, Lake Elmo, MN 55042, and , a
(hereinafter "Consultant") whose business address is .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Agreement is to set forth
the terms and conditions for the provision of professional services by Consultant for
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A
( ) in connection with the Work. The terms of this Agreement shall
take precedence over any provisions of the Consultants proposal and/or general conditions
including proposals and/or general conditions. If the Consultants proposal is attached as the
Exhibit A Scope of Work, City reserves the right to reject any general conditions in such
proposal.
2. Term. The term of this Agreement shall be from _ through _
the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period, as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant expenses in a total amount not
to exceed $ for the services as described in.
Standard Agreement for Professional Services
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 30
A. Any changes in the scope of the work, which may result in an increase to the
compensation due the Consultant, shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for performance shall be extended
by a period of time lost due to the delay. Consultant will be entitled to payment for its
reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon public
and private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay
for each employee, a computation of amounts due for each employee, and the total
amount due for each project task. Consultant shall verify all statements submitted for
payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each invoice
shall contain the City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and unexpended
balance of the contract.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 31
B. Suspended Work. If any work performed by the Consultant is suspended in whole or
in part by the City, the Consultant shall be paid for any services performed prior to
receipt of written notice from the City of such suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described herein, and for other items when authorized in writing
by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
E. Final Payment. Final payment, constituting the entire unpaid balance of the
Compensation for Services, shall be paid by the City to the Consultant when the Work
has been completed, the Agreement fully performed, and the City accepts the Work in
writing.
6. Project Manager and Staffing. The Consultant has designated
to serve on the Project. They shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the designated staff from the Project without the
approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Scott County, Minnesota. Consultant shall be liable to the fullest
extent permitted under applicable law, without limitation, for any injuries, loss, or damages
proximately caused by Consultant's breach of this standard of care. Consultant shall put forth
reasonable efforts to complete its duties in a timely manner. Consultant shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests to be
kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. The Consultant shall at all times abide
by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the
Act is applicable to data and documents in the possession of the Consultant.
9. Termination. Either party may terminate this Agreement on thirty (30) days written notice if
the other party defaults or neglects to carry out the Work in accordance with the Agreement
or fails to perform any provisions of the Agreement. Upon termination under this provision, if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates
the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 32
another consultant to undertake or complete the Work identified herein.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed to find the Consultant an employee of the City.
12. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this
Paragraph, or required by law. The policy(ies) shall name the City as an additional
insured for the services provided under this Agreement and shall provide that the
Consultant's coverage shall be primary and noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed
Operations Aggregate
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 33
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-
owed vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to maintain
this coverage for a minimum of two (2) years following completion of its work.
Said coverage shall apply to bodily injury and property damage arising out of
the products-completed operations hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the “City of Lake Elmo” as an
Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their
equivalent.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
h. “Stop gap” coverage for work in those states where Workers’ Compensation
insurance is provided through a state fund if Employer’s liability coverage is not
available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City. Said policy shall provide an
aggregate limit of $2,000,000. Said policy shall not name the City as an insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current rating of no less than A-, unless
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 34
specifically accepted by City in writing. In addition to the requirements stated above,
the following applies to the insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall be written
on an “occurrence” form (“claims made” and “modified occurrence” forms are
not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be apply on
a “per project” basis;
c. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall contain a waiver of subrogation naming “the City
of Lake Elmo”;
d. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall name “the City of Lake Elmo” as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall
not be canceled or non-renewed, nor shall coverage limits be reduced by
endorsement, without thirty (30) days prior written notice to the City.
A copy of the Consultant’s Certificate of Insurance, which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
F. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant also
agrees that if applicable law limits or precludes any aspect of this indemnity, then the
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 35
indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, to the extent attributable to a negligent or otherwise
wrongful act or omission (including without limitation professional errors or omissions) of the
Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said Consultant
fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees
to indemnity the City for defense costs incurred in defending any claims, unless the City is
determined to be at fault.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement (“Information”) shall become the
property of the City, but Consultant may retain copies of such documents as records of the
services provided. The City may use the Information for its purposes and the Consultant may
use the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement (“Project”) does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to employees
and applicants for employment, notices setting forth the provision of this non- discrimination
clause and stating that all qualif ied applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilit ies
Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 36
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining
to the services to be provided shall constitute a material breach of this Agreement and entitle
the City to immediately terminate this Agreement
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall
be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in
accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable action
may be instituted for a period of 90 days from the filing of the request for mediation unless a
longer period is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Lake Elmo unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Agreement shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Agreement. The violation of this
provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
City of Lake Elmo
Request for Proposals
Enterprise Resource Planning System Page 37
CITY OF LAKE ELMO
Michael Pearson, Mayor
Kristina Handt, City Administrator
FIRM NAME
By:
Its:
City of Lake Elmo, MN
ERP RFP
Attachment A - Cost Worksheet Page 1 of 4
Cost Area
#1
General
Ledger and
Financial
Reporting
#2
Budgeting
#3
Accounts
Payable
#4
Accounts
Receivable and
Cash Receipts
#5
Project
Accounting
#6
Capital Assets
(Optional)
#7
Human
Resources
#8
Payroll
#9
Special
Assessments
(Optional)
#10
Utility Billing
(Optional)
Total
Software License Costs 0
Software Customization Costs 0
Interfaces/Integration Costs 0
Data Conversion Costs 0
Professional Service Costs (not including
integration and interfaces)0
Training Costs 0
Server Hardware Costs 0
Expenses (miscellaneous)0
Total One-Time Costs 0 0 0 0 0 0 0 0 0 0
Annual Maintenance 0
Custom Modification Maintenance (if
applicable)0
Additional Maintenance Fees 0
Total Recurring Maintenance Costs 0 0 0 0 0 0 0 0 0 0
Maintenance Schedule:Year 1 Year 2 Year 4 Year 5
Rate of Increase over Prior Year (as a
percentage)
Maintenance Costs (as a dollar amount)
Hourly Rate for Professional Services
Hourly Rate for Custom Programming
Annual rental cost for time clocks per device.
Other Costs (if applicable; please specify the
nature of these costs)
Additional Costs:
Cost Worksheet
Vendor-Hosted Cost Worksheet Instructions: Provide a cost response for each cost area, based
upon system modules for a vendor-hosted application. The pricing should be based on the detailed
functionality that the City requires for each functional area. When a single price may be provided for a
group of modules, please provide that cost with a notation. All additional costs should be captured in the
respective areas.
One-Time Costs:
Recurring Maintenance Costs:
City of Lake Elmo, MN
ERP RFP
Attachment A - Cost Worksheet Page 2 of 4
Cost Area
#1
General
Ledger and
Financial
Reporting
#2
Budgeting
#3
Accounts
Payable
#4
Accounts
Receivable and
Cash Receipts
#5
Project
Accounting
#6
Capital Assets
(Optional)
#7
Human
Resources
#8
Payroll
#9
Special
Assessments
(Optional)
#10
Utility Billing
(Optional)
Total
Software License Costs 0
Software Customization Costs 0
Interfaces/Integration Costs 0
Data Conversion Costs 0
Professional Service Costs (not including
integration and interfaces)0
Training Costs 0
Server Hardware Costs 0
Expenses (miscellaneous)0
Total One-Time Costs 0 0 0 0 0 0 0 0 0 0
Annual Maintenance 0
Custom Modification Maintenance (if
applicable)0
Additional Maintenance Fees 0
Total Recurring Maintenance Costs 0 0 0 0 0 0 0 0 0 0
Maintenance Schedule:Year 1 Year 2 Year 4 Year 5
Rate of Increase over Prior Year (as a
percentage)
Maintenance Costs (as a dollar amount)
Hourly Rate for Professional Services
Hourly Rate for Custom Programming
Annual rental cost for time clocks per device.
Other Costs (if applicable; please specify the
nature of these costs)
Additional Costs:
Cost Worksheet
City-Hosted via Third Party IT Contract-Cost Worksheet Instructions: Provide a cost
response for each cost area, based upon system modules for a vendor-hosted application. The pricing
should be based on the detailed functionality that the City requires for each functional area. When a
single price may be provided for a group of modules, please provide that cost with a notation. All
additional costs should be captured in the respective areas.
One-Time Costs:
Recurring Maintenance Costs:
City of Lake Elmo, MN
ERP RFP
Attachment B - City Project Team Page 3 of 4
Functional Area
Requirements
and Design
Configuration
and Setup Implementation Testing Training Total
General and Technical 0
General Ledger and Financial Reporting 0
Budgeting 0
Accounts Payable 0
Accounts Receivable and Cash Receipts 0
Project Accounting 0
Capital Assets 0
Human Resources 0
Payroll 0
Special Assessments 0
Utiltity Billing 0
Interfaces 0
Total Hours By Project Phase:0 0 0 0 0 0
City Project Team
Instructions: The vendor is asked to provide the amount of resources that will be required from the City, in terms of number of hours. These amounts should be based on
the functionality the City desires.
City of Lake Elmo, MN
ERP RFP
Attachment B - Vendor Project Team Page 4 of 4
Functional Area
Requirements
and Design
Configuration
and Setup Implementation Testing Training Total
General and Technical 0
General Ledger and Financial Reporting 0
Budgeting 0
Accounts Payable 0
Accounts Receivable and Cash Receipts 0
Project Accounting 0
Capital Assets 0
Human Resources 0
Payroll 0
Special Assessments 0
Utility Billing 0
Interfaces 0
Total Hours By Project Phase:0 0 0 0 0 0
Vendor Project Team
Instructions: The vendor is asked to provide the amount of resources that will be committed to the project in terms of number of hours. These amounts should be based on
the functionality the City desires.