CITY OF LOS ANGELES CALIFORNIA ANTOINETTE CHRISTOVALE
OFFICE OF FINANCE
DIRECTOR OF FINANCE CITY TREASURER
200 N. SPRING STREET, RM 201 LOS ANGELES, CA 90012 213-978-1733
Antonio R. Villaraigosa MAYOR
DATE: June 24, 2013 TO:
All Prospective Proposers
SUBJECT:
TREASURY MANAGEMENT SYSTEM REQUEST FOR PROPOSALS
Attached is a copy of a request for proposal (RFP) for a qualified firm to provide the City of Los Angeles with a Treasury Management System. All proposals shall be submitted in accordance with the requirements set forth in this document. A Proposers’ Conference will be conducted at 9:30 am, Tuesday, July 9, 2013 at: 200 N. Spring Street (Use Main St. Entrance) City Hall, Room 152 A/B Los Angeles, California 90012 ATTENDANCE AT THIS CONFERENCE IS MANDATORY in order to complete the “Good Faith Effort” outreach requirement of the City’s Business Inclusion Program. Failure to complete all tasks of the “Good Faith Effort” provision of the Business Inclusion Program will render your bid non-responsive and will result in its rejection. Refer to Appendix G for further information regarding this requirement. The purpose of the conference is to provide assistance to prospective proposers in the interpretation of this RFP, its scope, or any other terms and conditions. The City will make a presentation and respond to proposers’ questions. The City requests prospective proposers to submit their questions for the Proposers’ Conference in writing to Clariza Mullins, Director of Cash Management, at the address listed below by 5:00 pm, July 5, 2013. Questions may also be faxed to (213) 978-1719 or sent via e-mail to
[email protected]. Written responses to questions will be distributed to all proposers in attendance at the Conference and to other proposers upon request. The City will respond only to questions that are submitted in writing to ensure that all proposers are treated equally during the RFP process. Proposals and questions shall be delivered to: Office of Finance, Cash Management Division Attention: Clariza Mullins, Director of Cash Management 200 N. Spring Street, City Hall Room 201, Mail Stop 750 Los Angeles, CA 90012
No proposal will be accepted after 5:00 pm on Tuesday, August 6, 2013. The City reserves the right to extend the deadline for response to this RFP and to waive any informality in procedure should such action be deemed in the best interest of the City. All written communications should be directed to the address above. Thank you for your interest in this project. Per Los Angeles City Charter Sections 371(e)(10) and 372 and Los Angeles Administrative Code Section 10.15(a)(10), I determine and find that the services described in the Request for Proposal dated June 24, 2013, for a Treasury Management System (“RFP”) are professional, technical, expert, and/or special because they require the services listed below for which the use of competitive bidding would be undesirable, impractical and where the common law otherwise excuses compliance with competitive bidding requirements. The following are some, but not all, of the professional, expert, technical, and special requirements and services the Office of Finance seeks in the RFP: • • • • •
Knowledge of treasury, debt, investment, and risk management functions. Experience in creating customized technology solutions capable of handling multiple data sources and interfacing with proprietary systems. Possess necessary expertise in specialized software and methodologies for treasury management systems. Demonstrated success in implementing software solutions for government agencies. Demonstrated quality customer service and support.
Sincerely,
Antoinette Christovale Director of Finance/City Treasurer Attachment
REQUEST FOR PROPOSAL TREASURY MANAGEMENT SYSTEM
City of Los Angeles Office of Finance June 24, 2013
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TABLE OF CONTENTS I.
Introduction and Background
6
II.
Scope of Services
8
III.
Proposer’s Conference
8
IV.
Deliverables
9
V.
Contents of Proposal • Cover Letter • Business Organization • Key Personnel • Prior Experience • Competitive Position • Program Description • Pricing • Proposal Addendum • Additional Information • Omissions and Deviations
9 9 9 10 10 10 10 11 11 12 12
VI.
Proposal Requirements A. Contract Term B. Standard Provisions 1. Indemnification 2. Insurance 3. Business Tax Registration Certificate C. Contractor Responsibility Ordinance D. City Affirmative Action Program and Non-Discrimination Requirements E. Business Inclusion Program and Outreach F. Service Worker Retention and Living Wage Ordinance Compliance G. Equal Benefits Ordinance H. Slavery Disclosure Ordinance I. Prior Contracts with the City J. Affidavit of Non-Collusion K. Disposition of Proposals and Disclosure of Information L. Withdrawal of Proposal M. Required Copies and Deadline for Submission of Proposal N. Mandatory Protest Provisions O. Child Support Ordinance P. Americans with Disabilities Act Q. Workforce Information R. Confidentiality Requirements
12 12 12 13 13 13 13 13
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14 14 15 15 15 15 16 16 16 17 18 18 18 19
S. Bidder Campaign Contribution Limitations T. First Source Hiring Ordinance
19 19
VII.
Selection Criteria
20
VIII.
Required Contract
21
IX.
Acceptance of Terms and Conditions
21
X.
Rejection of Responses to RFP
22
XI.
Financial Responsibility
22
ATTACHMENT 1
Banking Account Flowchart
ATTACHMENT 2
Chart of Systems
ATTACHMENT 3
Program Description Questions
APPENDIX A
Standard Provisions for City Contracts (Rev. 03/09) Exhibit 1 – Insurance Requirements
APPENDIX B
Contractor Responsibility Ordinance
[Appendix C is not used in this RFP] APPENDIX D
Certification of Compliance with Child Support Obligations
APPENDIX E
Service Contract Worker Retention Ordinance and Living Wage Ordinance
APPENDIX F
Certification of Compliance with the Americans with Disabilities Act
APPENDIX G
Business Inclusion Program
[Appendices H & I are not used in this RFP] APPENDIX J
Non-Collusion Affidavit
APPENDIX K
Workforce Residence Information Form
APPENDIX L
Prior City Contract History Form
APPENDIX M
Municipal Lobbying Ordinance and Bidder Certification Form
APPENDIX N
City of Los Angeles – Confidentiality Agreement
APPENDIX O
City Campaign Contribution Limits
APPENDIX P
First Source Hiring Ordinance
APPENDIX Q
Local Business Preference Program 5
CITY OF LOS ANGELES REQUEST FOR PROPOSAL TREASURY MANAGEMENT SYSTEM I.
Introduction and Background
A.
Intent
The City is interested in contracting with a private firm to provide a Treasury Management System, hereinafter referred to as TMS. The objectives will be to implement a fullyfunctioning TMS capable of providing automated processes for the City’s cash management and forecasting, banking information and relations, electronic fund transfers, debt management, investments, general ledger for investments, interest allocation, and risk management. The TMS will also need to be capable of interfacing with existing City systems, such as the Financial Management System (FMS) and CashWiz (cash receipting system). The preferred solution is Software as a Service (SaaS) with ongoing systems and customer support. B.
General Overview
The City of Los Angeles is a charter city originally incorporated in 1850. The most recent City Charter was adopted in 1999, effective July 1, 2000. Public services provided by the City include: police, fire and paramedics, residential refuse collection and disposal, wastewater collection and treatment, street maintenance, traffic management, storm water pollution abatement and other public works functions, building safety, public libraries, recreation and parks, community development, housing, cultural affairs, aging services and city planning. The City obtains water and electricity from the Department of Water and Power, the largest municipally-owned utility in the nation. The City also manages the Los Angeles World Airports and the Port of Los Angeles. The City of Los Angeles, Office of Finance (Finance) is responsible for the collection of $2.5 billion annually, the management of a $50 billion cash and debt program, and management of an $8 billion investment portfolio. On July 1, 2011, the Office of the Treasurer was consolidated into the Office of Finance. The Director of Finance also serves as the City Treasurer (Treasurer). The Treasurer receives, invests, and is the custodian of the City’s funds and those of affiliated entities, and is also the City’s Investment Officer. The City has a total of 42 departments, bureaus, commissions and offices which require banking services including, but not limited to, deposits, credit and debit card processing, lockbox processing, electronic fund transfers, and treasury information reporting. The City’ depository bank is Wells Fargo, where all transactions are managed through a super composite account structure with underlying accounts and sub-accounts. There are currently around 700 active bank accounts. See Attachment 1 for City’s bank account 6
flowcharts with Wells Fargo. Merchant card services are provided by Wells Fargo Merchant Services and Elavon, which combined represent over 80% of the costs for City banking services. All treasury services are controlled through Finance but spread throughout each City department. The City uses Wells Fargo Commercial Electronic Office (CEO) portal to execute transactions and obtain reports and images. The City’s custodial bank is Bank of New York Mellon, which is responsible for maintaining the City’s investment holdings and providing securities lending services. The City also contracts with FTN Financial Main Street Advisors for independent investment advisory services. The City utilizes U.S. Bank as a trustee for debt paying services and purchasing card services. Treasury services in Finance are led by an Assistant Director of Finance and Chief Investment Officer and comprised of three divisions: Investments, Cash and Debt Management, and Treasury Accounting. The Investments Division is managed by a Chief Investment Officer with a staff of four Investment Officers. This division actively manages the City’s investment portfolio making daily investment decisions and transactions, currently providing daily cash forecasting. The Cash Management Division reports to a Director of Cash Management Services. It includes a staff of nine full-time employees to handle daily cash transactions, manual electronic fund transfers, debt service, and Street Improvement Bond payments. This division often coordinates trustee services and works closely with other departments issuing debt. The Treasury Accounting Division reports to a Departmental Chief Accountant with a staff of five Treasury Accountants to daily reconcile cash, reconcile and approve investment activity, allocate interest, and provide audit, special billing information, and investment reports. All of the treasury divisions in Finance will utilize the TMS, which represents about 25 employees. It is also expected that department users of the CEO portal will need access to the TMS. Today, this represents about 700 users throughout the City at various locations. The City anticipates negotiating a contract for implementation services and ongoing maintenance to a single provider. Required Experience / Capabilities • • • • • •
Knowledge of treasury, debt, investment, and risk management functions. Experience in creating customized technology solutions capable of handling multiple data sources and interfacing with proprietary systems. Possess necessary expertise in specialized software and methodologies for treasury management systems. Demonstrated success in implementing software solutions for government agencies. Demonstrated quality customer service and support. Demonstrated ability to generate user-friendly reports.
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II.
Scope of Services
The City, through its Office of Finance, is interested in receiving proposals from interested parties to provide a Treasury Management System (TMS) by contracting for such services. Treasury operations within the City were consolidated into the Office of Finance on July 1, 2011. Prior to that date, there were several audit findings recommending an upgrade of treasury systems. In March, 2012, a separate review of treasury functions and systems was conducted resulting in a similar conclusion, to acquire and implement a treasury management system. It is the City’s intention for the TMS to replace ten (10) systems which Finance presently uses to carry out its daily responsibilities. Attachment 2 shows the Chart of Systems proposed to be met by a TMS. A TMS would eliminate the need to manually pull information from the banking, debt and investment systems in multiple areas and/or by multiple employees thereby enhancing efficiency and reducing service charges. The current array of systems results in disjointed information flows and a host of manual control processes to compensate for this situation. A TMS is needed to house requirements for cash positioning, forecasting, cash receipting, treasury and debt-service payments, and interest allocation for investments. It is the intent to incorporate vendor solutions to maximize straight-through-processing (STP). The City is also interested in finding a solution which supports business continuity.
III.
Proposer’s Conference
A Proposers’ Conference will be conducted at 9:30 am, Tuesday, July 9, 2013 at; City Hall – Room 152 A/B 200 N. Spring Street (use Main St. Entrance) Los Angeles, California 90012
ATTENDANCE AT THIS CONFERENCE IS MANDATORY in order to complete the “Good Faith Effort” outreach requirement of the recently implemented Business Inclusion Program. Failure to complete all tasks of the “Good Faith Effort” provision of the Business Inclusion Program will render your bid non-responsive and will result in its rejection. Refer to Appendix G for further information regarding this requirement. The purpose of this Conference is to provide assistance to prospective proposers in the interpretation of the RFP, scope, or any other terms and conditions. The City will make a presentation and respond to proposers’ questions. Proposers are requested to submit in writing, any questions for discussion at the conference no later than 5:00 pm July 5, 2013 to: Clariza Mullins, Director of Cash Management Office of Finance 200 N. Spring St. Room 201, Mail Stop 750 Los Angeles, CA 90012 Questions may also be sent via fax at (213) 978-1719 or e-mail at
[email protected]. Written responses to questions will be distributed to all proposers in attendance at the 8
Conference and to other proposers upon request. The City will respond only to questions that are submitted in writing in order to ensure that all proposers are treated equally during the RFP process.
IV.
Deliverables Implementation of a Treasury Management System The following deliverables shall be provided over the term of the contract: • •
• • • • • • • •
V.
Review of the City’s prior audits and analysis consultant recommendations to automate transactions. Replace up to ten various systems by implementing a treasury management system to meet all City and audit requirements within the first one-year period of the contract. Serve as Project Manager for the TMS implementation. Provide data conversion of existing data into new system. Provide required licensing for the TMS and any required third party software. Develop interfaces with required financial systems. Provide various modules the City may select to conduct treasury services. Provide on-site training to staff with ongoing customer support and training. Provide regular back-up of information along with a business continuity plan. Provide ongoing customer support and system maintenance.
Contents of Proposal
Proposals shall be organized generally as described below. Proposers should note the various attachments that must be submitted with each proposal. Failure to follow these guidelines may cause your proposal to be considered non-responsive. A.
Cover Letter
The cover letter of each proposal shall be limited to one page. The letter must include the name, title, address, and telephone number of the person or persons who will be authorized to represent the proposer. The letter must be signed by a company officer authorized to bind the company to all commitments made in this proposal. B.
Business Organization 1.
State the full name and address of your organization and, if applicable, any branch or district office that will be managing the Program.
2.
Indicate whether you operate as an individual, partnership, or corporation. If a corporation, include the State in which you are incorporated.
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C.
3.
Provide copies of any license(s) and/or registration(s) which indicate that your firm is licensed and/or registered to operate in the State of California and the City of Los Angeles.
4.
The contractor shall provide a summary of relevant historical background information of the contractor as a firm or other entity and a copy of its most recent audited financial statements. If the proposal includes subcontractors, this requirement is also applicable to those organizations. Documentation submitted will be used as an indicator of the ability of the contractor (and subcontractors, if any) to provide the requested services over the full term of the contract.
Key Personnel
The contractor must be able to demonstrate capability and appropriate experience of key personnel that will be assigned to implement and manage this program. Key program personnel shall be identified by name and title, and include a statement of the program areas for which they will be responsible. Resumes for these key personnel are required to be submitted as well as those of other employees the contractor will be employing to perform the various functions of the Program. The City shall have the right to conduct background verifications on all personnel directly assigned to the Program, including the key personnel noted above. The City will reserve the right to approve any changes in key personnel and to require the replacement of nonperforming personnel assigned to the program. The same requirements will apply to any subcontractors. Provide a document showing the organizational structure of all parties to be involved in the program management and implementation. D.
Experience
Give a brief history of your company, including the length of time in business. Submit a statement of similar work conducted in the previous five years. Provide a description of the relevant experience to include when you installed your first TMS and how many clients are using your product. Include the name, address, telephone number and email of the responsible person in the client’s business with whom the City can contact for at least three references, with one preferably from a government entity. State how often your company issues new releases and how many releases of your software are supported. The experience shown under this area should be for your business, not for individuals in your business. E.
Competitive Position
Succinctly state what differentiates your TMS and customer service from that of other vendors. How do you plan to keep this TMS current and competitive? Does your company own any exclusive technologies and/or patents for a TMS? F.
Program Description
The City anticipates selecting modules from the nine service categories listed in 10
Attachment 3 of this document to use in managing its daily treasury operations. The City intends to incorporate the mandatory modules in its TMS selection. It may or may not select the optional modules. The seven mandatory modules are: Bank Polling, Cash Management and Forecasting, Electronic Funds Transfer, Bank Relations, Debt Management, Investment, and General Ledger. The optional modules are Risk Management and Automated Cash Receipting. In addition, there are questions on Interfaces, General Functionality and Reporting, Technical Capabilities, Security, Implementation, and Customer Service and Quality. In order to make a decision on the appropriate modules to utilize, proposers must answer the questions related to each specific service/module. These questions are listed in a separate document called “Program Description Questions” in Attachment 3. The answers to each of these questions must be included in your proposal. G.
Pricing 1. 2. 3. 4. 5.
Provide a base price for the seven mandatory modules, including implementation fees. Provide pricing for the two optional modules separately. Provide the total price for all modules, including implementation, that are required to accommodate the enhancements we have described in this RFP. Provide ongoing maintenance fees over five years. Specify the payment terms and any required payments upon signing the contract.
The City will require detailed documentation of deliverables. The City will withhold payment if issues of non-compliance with the contract and/or this RFP arise until such time as the issues are resolved to the satisfaction of the City. H.
Proposal Addendum
All requirements listed below must be strictly adhered to and all applicable signed statements pertaining to the following must be submitted: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Contractor Responsibility Ordinance (See Appendix B) Nondiscrimination – Equal Employment Practices - Affirmative Action Certification of Compliance With Child Support Obligations (See Appendix D) Service Contract Worker Retention and Living Wage Ordinance Compliance (See Appendix E) Certification regarding Compliance with the Americans with Disabilities Act (See Appendix F) Business Inclusion Program (See Appendix G) Certification of Compliance With Equal Benefits Ordinance Slavery Disclosure Affidavit Non-Collusion Affidavit (See Appendix J) Workforce Residence Information (See Appendix K) 11
11. 12. 13. 14. I.
Prior City Contract History Form (See Appendix L) Bidder Certification – CEC Form 50 - Compliance with Municipal Lobbying Ordinance (See Appendix M) City of Los Angeles – Confidentiality Agreement / Loyalty Oath (See Appendix N) Bidder Campaign Contribution Limits – CEC Form 55 (See Appendix O)
Additional Information
Any other information that you believe will be essential to a complete evaluation of your proposal should be clearly stated. If you have no additional information, this section of your proposal should consist of the following statement: "There is no additional information we wish to present." J.
Omissions and/or Deviations
Any omissions and/or deviations from this proposal must be listed with complete explanations.
VI.
Proposal Requirements
This section sets forth provisions, which will be incorporated into any contract awarded pursuant to the RFP and also identifies the forms, certifications, request for information, and affidavit which must be completed and returned with the proposal. Failure to provide the information requested and/or to submit the necessary forms may result in the proposal being deemed non-responsive. A.
Contract Term
The Office of Finance, subject to the approval of the Mayor, anticipates negotiating a contract with a term of five years, with an option to extend for an additional five years. B.
Standard Provisions
The selected Proposer will be required to enter into a written contract with the City of Los Angeles in a form approved by the City Attorney. A copy of this RFP with all attachments and the successful proposal will remain on file and will constitute a part of the contract. However, the City reserves the right to further negotiate the terms and conditions of the contract with the selected contractor. The final contract offer of the City may contain additional terms or terms different from those set herein. The “Standard Provisions for City Contracts (Rev. 03/09)”, attached as Appendix A, will be incorporated into the contract and are not subject to negotiation. These provisions include, but are not limited to, the following:
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1.
Indemnification
The Contractor will be required to indemnify the City in accordance with the provisions set forth in PSC-20 of the Standard Provisions for City Contracts. 2.
Insurance
The Contractor will be required to provide insurance in accordance with the Insurance Requirements, Appendix A - Exhibit 1, attached to the Standard Provisions for City Contracts. Proof of Insurance will be required prior to execution of a contract and does not need to be returned with the response to this RFP. 3.
Business Tax Registration Certificate
Prior to execution of a contract, the selected Proposer shall be required to demonstrate compliance with the City’s business tax laws by acquiring/maintaining one of the following: Business Tax Registration Certificate, Vendor Registration Number, or Certificate of Exemption. The Certificate or Registration Number must remain in force during the entire period of the contract. C.
Contractor Responsibility Ordinance
Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance (CRO). Bidders/Proposers shall refer to Appendix B, “Contractor Responsibility Ordinance,” for further information regarding the requirements of the Ordinance. All Bidders/Proposers shall complete and return, with their proposal, the Responsibility Questionnaire included in the Appendix. Failure to return the completed Questionnaire may result in a Bidder/Proposer being deemed non-responsive. D.
Nondiscrimination, Equal Employment Practices and Affirmative Action Program Requirements
Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2., Non-discrimination Clause. Non-construction services to or for the City for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.3., Equal Employment Practices Provisions. All Bidders/Proposers shall complete and upload, the Non-Discrimination/Equal Employment Practices Affidavit (two (2) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract valued at $1,000 or more. 13
Non-construction services to or for the City for which the consideration is $100,000 or more [over the term of the contract] shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.4., Affirmative Action Program Provisions. All Bidders/Proposers shall complete and upload, the City of Los Angeles Affirmative Action Plan (four (4) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract valued at $100,000 or more. Bidders/Proposers opting to submit their own Affirmative Action Plan may do so by uploading their Affirmative Action Plan onto the City’s BAVN. Both the Non-Discrimination/Equal Employment Practices Affidavit and the City of Los Angeles Affirmative Action Plan Affidavit shall be effective for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Bidders/Proposers seeking additional information regarding the requirements of the City’s Non-Discrimination Clause, Equal Employment Practices and Affirmative Action Program may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. E.
Business Inclusion Program and Outreach
All Bidders/Proposers shall comply with the City’s Business Inclusion Program requirements, identify sub-contracting opportunities and outreach to Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Small Business Enterprises (SBE), Emerging Business Enterprises (EBE), Disabled Veteran Business Enterprises (DVBE), and Other Business Enterprises (OBE) sub-consultants. Requirements must be completed on the Business Assistance Virtual Network (BAVN), www.labavn.org. (See Appendix G: Instructions for Performing BIP Outreach). F.
Service Worker Retention and Living Wage Ordinance Compliance
Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City and that involve an expenditure in excess of $25,000 and a contract term of at least three (3) months, lessees and licensees of City property, and certain recipients of City financial assistance, shall comply with the provisions of Los Angeles Administrative Code Sections 10.37 et seq., Living Wage Ordinance (LWO) and 10.36 et seq., Service Contractor Worker Retention Ordinance (SCWRO). Bidders/Proposers shall refer to Appendix E, “Living Wage Ordinance and Service Contractor Worker Retention Ordinance” for further information regarding the requirements of the Ordinances. Bidders/Proposers who believe that they meet the qualifications for one of the exemptions described in the LWO List of Statutory Exemptions shall apply for exemption from the Ordinance by submitting with their proposal the Bidder/Contractor Application for Non-Coverage or Exemption (Form OCC/LW-10), or the Non-Profit/One-Person Contractor Certification of Exemption (OCC/LW-13). The List of Statutory Exemptions, the Application and the Certification are included in the Appendix E.
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G.
Equal Benefits Ordinance
Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). All Bidders/Proposers shall complete and upload, the Equal Benefits Ordinance Affidavit (two (2) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract valued at $5,000. The Equal Benefits Ordinance Affidavit shall be effective for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Bidders/Proposers do not need to submit supporting documentation with their bids or proposals. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Affidavit. Bidders/Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at www.bca.lacity.org. H.
Slavery Disclosure Ordinance
Unless otherwise exempt, in accordance with the provisions of the Slavery Disclosure Ordinance, any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. All Bidders/Proposers shall complete and upload, the Slavery Disclosure Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract. Bidders/Proposers seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at www.bca.lacity.org. I.
Prior Contracts with the City
All proposers must include a list of all contracts with the City for the past ten (10) years using the Prior City Contract History form attached as Appendix L. J.
Affidavit of Non-Collusion
As required by Los Angeles Administrative Code section 10.15(d), proposers shall complete and return with the proposal, a notarized affidavit of non-collusion signed by a person(s) authorized to bind the proposer (see Appendix J), which states in part that: 1.
The proposal is genuine, not a sham or collusive;
2.
The proposal is not made in the interest of or on the behalf of any person not named in the proposal;
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K.
3.
The Proposer has not directly or indirectly induced or solicited any person to submit a false or sham proposal or to refrain from proposing;
4.
The Proposer has not in any manner sought by collusion to secure an advantage over any other proposer.
Disposition of Proposals and Disclosure of Information
The City reserves the right to retain all proposals submitted and the proposals will become the property of the City of Los Angeles. All proposals received will be considered public records potentially subject to disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Proposers must identify any material they claim is exempt from disclosure under the Public Records Act. Any Proposer claiming such an exemption must identify the specific provisions of the Public Records Act that provide an exemption from disclosure for each item that the proposer claims is not subject to disclosure under said Act. In the event that such exemption is claimed, the proposer must then state in the proposal that he or she will defend, indemnify and hold harmless the City, its officers and employees from any action brought against the City for its refusal to disclose such material to any party making a request therefore. Failure of a Proposer to include such a statement shall constitute a waiver of proposer’s right to exemption from disclosure. Notwithstanding the foregoing, the Contractor Responsibility Questionnaire contained in Appendix B shall remain confidential pursuant to Public Contract Code section 20101(a). L.
Withdrawal of Proposal
Each proposal must contain a statement that the proposal shall remain firm for a period of one hundred twenty (120) calendar days following the deadline date for submission of proposals to the Office of Finance, which date is noted in the cover letter and body of this RFP. M.
Required Copies and Deadline for Submission of Proposal
Proposers must supply all information requested in the format prescribed by this RFP. One clearly identified original and five (5) clear copies of the proposal are required. Additionally, please provide one (1) electronic / CD version as well in MS Word or Adobe PDF format. The proposal shall be addressed to: Clariza Mullins, Director of Cash Management Office of Finance 200 N. Spring Street, Room 201, Mail Stop 750 Los Angeles, CA 90012 No proposal will be accepted after 5:00 pm on Tuesday, August 6, 2013. The City reserves the right to extend the deadline for responses to this RFP and to waive any informality in procedure should such action be deemed in the best interest of the City. 16
In the event this date is changed, those who have been sent the RFP will be notified in writing and notice will be posted on the City’s BAVN website. The City may require oral presentation of the proposals by the proposers to a review committee. The City reserves the right in its sole discretion to determine the timeliness of all proposals, extend the submission deadline, and/or to reject all proposals. N.
Mandatory Protest Provisions
Any protest as to the RFP documents or matters or procedures referred to therein must be submitted in detail and in writing and postmarked within 5 calendar days after the issuance of the RFP to the public. The RFP is considered issued when posted to the Los Angeles Business Assistance Virtual Network at http://www.labavn.org. All persons submitting quotations in response to this RFP will be notified of the City’s intended award by mail. Any protest regarding the City's intention to award a contract which results from this RFP process must be submitted in detail and in writing and be postmarked within 7 calendar days of the postmark date of the City’s notification letter concerning the City's intention to award a contract that results from this RFP process. Any protest, whether relating to the RFP or to the eventual awarding of a contract resulting from this RFP process, shall contain a full and complete statement specifying in detail the grounds of the protest and the facts in support thereof. All protests must include the following information: 1. 2. 3. 4. 5. 6.
7.
The name address and telephone of the person representing the protesting party; The name of the involved RFP; A detailed written statement of the legal and factual grounds of the protest, including copies of relevant documents and an indication as to what specific portions of the documents form the basis of the protest; A statement as to the form of relief requested; and Any evidence as to why the RFP should not issue, or in the event of a protest concerning a contract award, any reasons or evidence as to why a contract award should not be made according to the City's plans; If applicable, a request that a hearing with the Director of Finance, or her designee, be set within 7 calendar days of the actual receipt by the City of the protest or, in the alternative, a statement that the protester waives such hearing. A request that the Director of Finance, or her designee, issue a decision either sustaining or denying the protest.
All protests, whether relating to the RFP or a resulting contract award, must be in writing and sent via certified mail to: Antoinette Christovale, Director of Finance/City Treasurer Office of Finance 200 N. Spring St., Room 220, Mail Stop 766 Los Angeles, California 90012
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The procedure and time limits set forth in this Section are mandatory and are the sole and exclusive remedy available in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. The City will only consider protests by or against any Proposer(s) who appear to have a substantial and reasonable prospect of receiving an award if the protest is denied or sustained, as applicable. Protests meeting the above criteria will be reviewed by the Director of Finance, or her designee. Protesting parties requesting a hearing will be notified of the time and date of a hearing within seven (7) calendar days of the actual receipt of the written protest with the Director of Finance or her designee. Protestors requesting a hearing will be given the opportunity to present their arguments to the Director of Finance, or her designee. The Director of Finance, or her designee, will hear and consider the contents of any written protest and/or any arguments made at the time of the hearing, and will issue by mail a decision in writing to the protester that either denies or sustains the protest within 5 calendar days. The decision of the Director of Finance, or her designee, shall be final. O.
Child Support Ordinance
This Contract is subject to the Child Support Ordinance, Los Angeles Administrative Code Section 10.10 et seq. Proposers shall complete and return with their proposal, the Certification of Compliance with Child Support, which is attached hereto as Appendix D. P.
Americans with Disabilities Act
The City is a covered entity under Title II of the Americans with Disabilities Act, 42 U.S.C.A. Section 12131 et seq. Proposers shall complete and return with their proposal, the Certification Regarding Compliance with the Americans with Disabilities Act which is attached hereto as Appendix F. Q.
Workforce Information
The policy of the City of Los Angeles is to encourage businesses to locate or remain in the City. Therefore, the City Council requires all City departments to gather information regarding the headquarters address and other information on the employees of vendors contracting with the City. The following information shall be included with the proposal (see Appendix K): 1. 2. 3. 4. 5. 6.
Headquarters address of your company. Total workforce. Percentage of the total workforce residing in Los Angeles. Percentage of total workforce working in Los Angeles. The address of any branch office(s) within the City of Los Angles. Workforce in each City of Los Angeles branch office.
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7. 8.
R.
Percentage of workforce in each City of Los Angeles branch office residing in the City of Los Angeles. Percentage of workforce assigned to each branch office in the City of Los Angeles.
Confidentiality Requirements
As previously mentioned, all information received from City files shall be regarded as confidential under Section 21.17 of the Los Angeles Municipal Code and other applicable law and may not be disclosed without written permission of the City’s representative. Any information received by the contractor from the City shall not be released to or used for the benefit of any clients or employees of the contractor or any other person(s) without written permission of the City’s representative. Additional information received by the contractor may only be used for the purpose of fulfilling the requirements of this program and may not be divulged to any other government agency or contractor. All personnel that are involved in the program will be required to execute City Confidentiality Statements and acknowledge that misuse of confidential information is prohibited under LAMC Section 21.17 and other applicable law. A sample Office of Finance confidentiality agreement is attached for reference (see Appendix N). S.
Bidder Campaign Contribution Limitations
Persons who submit a response to this solicitation (bidders) are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders, 12 months after the contract is signed. The bidder's principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Bidders must submit CEC Form 55 (provided in Appendix O) to the awarding authority at the same time the response is submitted. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed non-responsive. Bidders who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) 978-1960 or ethics.lacity.org. T.
First Source Hiring Ordinance
Unless approved for an exemption, contractors under contracts primarily for furnishing of services to or for the City, the value of which is in excess of $25,000 and a contract 19
term of at least three (3) months, and certain recipients of City Loans or Grants, shall comply with the provisions of Los Angeles Administrative Code Sections 10.44 et seq., First Source Hiring Ordinance (FSHO). Bidders/Proposers shall refer to Appendix P, “First Source Hiring Ordinance” for further information regarding the requirements of the Ordinance. All Proposers shall complete and upload the First Source Hiring Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org prior to award of a City contract. The First Source Hiring Ordinance Affidavit shall be valid for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Proposers seeking additional information regarding the requirements of the First Source Hiring Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
VII.
Selection Criteria
The City intends to conduct a competitive process and select the proposer that provides the best, most professional services at a reasonable rate. Each proposal must meet all requirements included in Section VI and be evaluated according to the criteria set out below: Proposal Quality, Responsiveness and Technical Solution
0-25 Points
Written proposals will be evaluated for adherence to the RFP requirements, specific technical solution(s), completeness and clarity of content. Proposals should provide a straightforward, concise statement of the proposer’s understanding of the project tasks and objectives and demonstrate the ability to accomplish the goal of implementing a treasury management system for the City. Successful proposals will meet the RFP requirements for the mandatory modules, proposed implementation support and time line, and ongoing system and customer support. Ability to interface with City systems and demonstrated flexibility to export and download information into various formats is preferred. The proposed approach to the work will be evaluated in terms of appropriateness, understanding of constraints, and consideration of relevant issues that may not have been mentioned in the RFP. Comparable Experience
0-25 Points
The experience of proposers in having provided similar treasury management systems for private business or public agencies will be considered. Experience should be listed in as much detail as possible, highlighting areas of similarity as well as differences. Demonstrated ability to deliver services on time and within budget as indicated by provided references will be weighted considerably. Utilizing the documentation and financial statements provided by the contractor, the firm’s overall financial position will be used as an indicator of the ability to provide the requested services over the full term of the contract.
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Evaluation of Key Personnel
0-20 Points
The relevant experience of key personnel to be assigned to the implementation and ongoing support of the program should be clearly set forth. Key personnel should have demonstrated capabilities and appropriate experience to implement and manage the program. An organizational structure for the program should be provided, with the key personnel to be assigned identified as to their functions and responsibilities. Pricing for Services
0-30 Points
Proposers should clearly set forth the formula(s) for calculating the fee and any conditions that impact the fee. Proposer has submitted all pricing information as indicated in Section V. G. Pricing. Total Possible 100 Points The Local Business Preference Program Ordinance (Los Angeles Administrative Code Section 10.47) establishing the Local Business Preference Program for the City’s procurement of goods, equipment and services, including construction, when the contract involves an expenditure in excess of $150,000 is available as Appendix Q, and incorporated herein by reference, If you believe you are qualified or can be provisionally qualified as a Local Business please indicate that in your proposal. Proposals will be evaluated by a review committee composed of City representatives. The Committee will evaluate the proposals on the basis of experience and qualifications of the proposer(s), its personnel, compensation and other factors previously mentioned. At the discretion of the City, firms submitting the most responsive proposals may be required to make oral presentations and demonstration of the proposed product to the review committee. The successful Proposer(s) will be named after the proposals and presentations (if any) are evaluated to select the most qualified firm(s). Proposers will be notified of the time and place of any oral presentations not more than five (5) days nor less than two (2) days prior to the event. Any contract(s) awarded pursuant to this RFP is subject to the Contractor Evaluation Ordinance which requires awarding authorities to evaluate contractors’ performance and to retain such evaluative information in a data bank for future reference.
VIII.
Required Contract
The selected Proposer will be required to enter into a written contract with the City of Los Angeles in a form approved by the City Attorney. A copy of this RFP with all attachments and the successful proposal will remain on file and will constitute a part of the contract. However, the City reserves the right to further negotiate the terms and conditions of the contract with the selected contractor. The “Standard Provisions for City Contracts (Rev. 03/09)” (Appendix A) will be incorporated into the contract and are not subject to negotiation.
IX.
Acceptance of Terms and Conditions
Submission of a proposal pursuant to this RFP shall constitute acknowledgement and acceptance of all terms, conditions, and content set forth in this RFP. 21
X.
Rejection of Reponses to RFP
The City reserves the right to withdraw this RFP at any time without prior notice and the right to accept or reject any and all responses to it. The City may also reject the proposal of any proposer who has failed to timely and satisfactorily perform any contract with the City. The City makes no representation that any contract will be awarded to any person or firm responding to this RFP.
XI.
Financial Responsibility
All costs incurred in responding to this RFP shall be borne by the proposer. The City shall not, in any event, be liable for any pre-contractual expenses incurred by the proposer in the preparation and/or submission of its proposal.
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