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HomeMy WebLinkAboutItem 10 - Rental Registry Software for the Rent Stabilization and Just Cause Eviction Community Development Agency www.santa-ana.org/cd Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance AGENDA TITLE Agreement with OpportunitySpace Inc. dba Tolemi for a Rental Registry Portal to Enforce the Rent Stabilization and Just Cause Eviction Ordinance (Spec. 25-073) (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with OpportunitySpace Inc. dba Tolemi to implement, operate, and maintain a Rental Registry portal in a total amount not to exceed $580,000 for a three-year term beginning October 7, 2025, and expiring October 6, 2028, with provisions for two one-year extensions (Agreement No. A-2025- XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Ordinance NS-3052, known as the Rent Stabilization and Just Cause Eviction Ordinance ("Ordinance"), required the creation of a Rental Registry, defined as "the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee," effective July 1, 2023. The Rental Registry is the primary tool for the City of Santa Ana ("City") to administer and enforce the provisions of the Ordinance, including the tracking, monitoring, and revision of annual rent increases and just-cause evictions. On February 7, 2023, the City Council approved an agreement with 3Di Inc. (Agreement No. A-2023-011) to implement, operate, and maintain the Rental Registry after soliciting and awarding Request for Proposals ("RFP") No. 22-156 in December of 2022. The City's Agreement with 3Di Inc. will expire on January 31, 2026, and the Agreement does not allow for extensions. RFP No. 25-073 was issued on April 29, 2025 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance October 7, 2025 Page 2 Count Action 896 Vendors Notified 1 Santa Ana vendor notified 26 Vendors downloaded the RFP packet 6 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on May 27, 2025, and evaluated. Six (6) proposals were submitted by the RFP deadline and four (4) were determined to be responsive to the specifications and met the City's requirements. The proposals submitted by Autocene Government Solutions Inc. and FSH Technologies were deemed non- responsive because they did not meet the formatting requirements and minimum qualifications of the RFP specifications. An evaluation committee of Rent Stabilization Division staff reviewed and rated the proposals according to the criteria listed in the RFP. The following list summarizes the responsive firms and their rankings: Firm Rank Score OpportunitySpace Inc. dba Tolemi 1 91.00 3Di Inc. 2 85.80 Pasadena Consulting Group LLC 3 84.80 Intellect x Inc. 4 79.80 Staff recommends awarding an agreement to the highest-ranked firm, Opportunity Space Inc. dba Tolemi (Exhibit 1). Tolemi is a trusted provider of custom civic software applications with more than 100 municipalities nationwide contracting their services. They provide specialized solutions for rental registry software and Tolemi's platforms are becoming the software of choice for cities with similar Ordinances such as the City of Berkeley, the City of Half Moon Bay, and the City of Salinas in California. Their references expressed enthusiasm about continuing services with Tolemi into the foreseeable future. Tolemi's Software as a Service ("SaaS") product will increase the operational efficiency of the City by supporting more advanced compliance methods, increasing compliance rates, transforming business practices, reducing manual data processing errors, providing flexible reporting capabilities, providing a simple and intuitive user interface, and meeting changing demands as enforcement of the Ordinance evolves. The potential for increased operational efficiency is demonstrated by Tolemi's robust technical capabilities and excellent customer service. The system will allow the City to implement a centralized communication platform where public users can directly respond to and complete certain business process requests through the system interface. The direct interaction will bypass the need to use separate platforms for compliance communication and tracking. Their customer service, both for public users and administrators, will allow for the quick resolution of concerns and minimize delays in implementing, performing, and completing routine and new business processes. Staff expects this level of product and vendor support will benefit both staff and the public in Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance October 7, 2025 Page 3 facilitating, maintaining, and increasing compliance with the requirements of the Ordinance. FISCAL IMPACT Funds are budgeted in the Fiscal Year 2025-26 budget under the following account. Subsequent fiscal year funding will be included in the proposed budgets for City Council consideration. The first-year contract amount for Fiscal Year 2025-2026 includes $108,000 annual service fee and a $40,000 one-time implementation fee. Contract amounts for subsequent fiscal years are annual service fees of$108,000. Fiscal Account Unit - Fund Accounting Unit, Amount Year Account # Description Account Description 18518700- Rent Rent Stabilization — 2025-2026 66511 Stabilization Computer Software $148,000 Subscription 18518700- Rent Rent Stabilization — 2026-2027 66511 Stabilization Computer Software $108,000 Subscription 18518700- Rent Rent Stabilization — 2027-2028 66511 Stabilization Computer Software $108,000 Subscription 2028-2029 18518700- Rent Rent Stabilization — (Optional) 66511 Stabilization Computer Software $108,000 Subscription 2029-2030 18518700- Rent Rent Stabilization — (Optional) 66511 Stabilization Computer Software $108,000 Subscription Grand Total $580,000 EXHIBIT(S) 1. Consultant Agreement for OpportunitySpace Inc. dba Tolemi Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 AGREEMENT FOR RENTAL REGISTRY SOFTWARE BETWEEN OPPORTUNITYSPACE, INC. DBA TOLEMI AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between OpportunitySpace Inc. dba Tolemi ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On April 29, 2025, the City issued a Request for Proposal No. 25-073 ("RFP"), by which the City sought a consultant having skill and knowledge in the field of providing specialized and custom software services for a rental registry digital database B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation -Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed S580,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of S #209699lv2 EXHIBIT 1 deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements- Exhibit C. Page 2 of S #209699lv2 EXHIBIT 1 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 3 of 8 #209699lv2 EXHIBIT 1 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in Page 4 of S #2096991v2 EXHIBIT 1 subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 5 of S #209699lv2 EXHIBIT 1 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Page 6 of 8 #209699lv2 EXHIBIT 1 Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dan Marconi Vice President of Sales OpportunityS pace Inc. dba Tolemi 295 Devonshire St 4t'Floor Boston, MA 02119 dangtolemi.com (781) 208-8444 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 #209699lv2 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney $ :� y Dan Marconi(Sep 17,2025 12:01:12 EDT) Andrea Garcia-Miller Dan Marconi Assistant City Attorney Vice President of Sales RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency Page 8 of 8 #209699lv2 EXHIBIT 1 EXHIBIT A SCOPE OF SERVICES #2096991v2 EXHIBIT 1 r CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES GENERAL REQUIREMENTS 1. Establish a rental unit database where landlords and/or their designated representatives can register their rental units by submitting and updating information about their rental units, tenants and notices, and by paying the City's rental registry fee. 2. Contain a workflow platform where Rent Stabilization Division staff can track, edit, update, and comment on Rental Unit information, and conduct operational processes such as: a. Registration, b. Exemptions, c. Administrative hearings, d. Mediation, and e. Eviction review. 3. Possess general controls and features for: a. User management, b. Customizable reporting functions for both rental units and payments, c. Random sampling of data variables (for internal audits), d. Information search (individual and business names, addresses, email, and phone numbers), e. Live tracking of key performance indicators (KPI's), and f. Integrated technical support from the vendor. 4. Establish and maintain billing workflows to include: a. Creating invoices, b. Calculating registration fees, c. Applying special fees, and d. Directly integrate or exchange data with City's payment processor to accept and record online and in-person payments via POS. TECHNICAL REQUIREMENTS 1. Solution must be cloud-based (PaaS, IaaS, or SaaS) and hosted from within the continental United States. 2. Ensure support for multiple browsers(Microsoft Edge Chromium Edition, Google Chrome, Firefox, and Safari browsers) and their versions, and multiple operating systems in desktop or scalable mobile formats (i.e. tablet, smartphone laptop, etc.) without needing any browser plugins or IE 11 mode support. a. Contractor must disclose if there are limitations in specific browsers or if there are preferred browsers. 3. Support Section 508 Accessibility Standards. 4. Responsive UI that is WCAG 2.1 Level AA UI compliant 5. Host and access system through a City subdomain URL 6. Ability to provide SSL/TLS certificate to secure subdomain without using city owned certificate such as AWS Certificate Manager 7. Subdomain must comply with ISO/IEC 27001 - 27799 as applicable, or successor standards thereto 8. Ability to upload documents and records into system 9. Contain or implement security measures to protect the confidentiality and integrity of information on record which includes but not limited to: City of Santa Ana RFP No.25-073 Page 16 of 34 EXHIBIT 1 r CITY OF SANTA ANA a. Utilizing session timeouts b. Allow viewing of data to authorized persons c. Placing view/read limits for defined users showing only a limited subset of account data d. Allowing edit/write permissions for defined users e. Encrypting sensitive information including passwords at the database and system level f. Masking data at the user and application level g. Enabling the selection of system administrators 10. Ability to establish security access thresholds between different users 11. Possess the ability to export financial records or contain a General Ledger interface that communicates or is compatible with the City's existing or future financial system. a. Additional reporting capabilities that summarize and detail specific fees or charges is required. 12. Ability to generate invoices or billing statements with City-specified fees and generate a Magnetic Ink Character Recognition ("MICR") line on each invoice for simplified remittance processing. a. Software must support multiple fonts, and the ability to place scan line at a specific location on invoice, payment coupon, or any printable document, making them suitable for OCR processing. 13. Support authentication using SAML 2.0. 14. Provide continuous updates or allow for the configuration of rules within the system to meet the City's changes in legislative requirements, technology needs, and operational demands, in addition to complying with Federal and State of California laws and regulations. 15. SOX 2 Type 2 compliance 16. Automatic system backup with daily continuity and disaster recovery 17. Online payment portal must accept credit card, or ACH/EFT, and must integrate with City- approved payment processor. The City utilizes the following merchant processors: a. TSYS Merchant Solutions, LLC, b. Global Payments Integrated, Inc., c. OpenEdge, d. JP Morgan Chase Paymentech, and e. EPX (Electronic Payment Exchange) 18. Online payment portal must be PCI Compliant 19. Issue a paper receipt or an online receipt upon receiving a completed payment. 20. The ability to integrate with the City's Treasury Services payment modules (currently System Innovators iNovah application & City of Santa Ana's PAY application). 21. Automatically export payments received through the system on a recurring schedule, and transmit the data using City-defined file format. 22. Automatically receive payment file on a recurring schedule and process the payments contained within the City-defined file format through the system. SYSTEM REQUIREMENTS 1. Each Rental Unit must record the following information: a. Address of each Rental Unit, including a unit identifier such as a number or letter b. Assessor Parcel Number(APN) associated to each Rental Unit that links Units located at an APN to Property Owner/ Manager c. Legal name, mailing address, email, and phone number of the Property Owner and authorized representative(s) d. Date and amount of previous Rent, Rent Increase, and new/effective Rent e. Initial date of tenancy for current Tenant City of Santa Ana RFP No.25-073 Page 17 of 34 EXHIBIT 1 r CITY OF SANTA ANA f. Log of Rental Notices and Documents g. Information about Rental Unit characteristics h. Rental Unit Residency Status (Vacant, Compliant, Exempt, Eviction Pending) i. Rental Unit Type (Single-family, Condominium, Multi-family, Mobile-home) j. Administrator records including comments or notes for individual rental units and/or entire properties 2. Public-access interface to display limited read-only information about registration compliance status, rent, and petition / eviction histories for non-registered users. a. Non-registered users must have the ability to contest the stated information through the system. 3. Allow City staff to directly access and edit accounts while keeping record of all edits made within the system. 4. Support a carryforward function to carry unpaid balances forward into future registration years and allow for City staff to write off unpaid balances to a collections agency. 5. Impose a fee for payments returned as a result of insufficient funds. a. Currently, payments are handled outside of the rental registry; however, fees for insufficient funds must be recorded and collected for any future attempts to submit payments. These fees must be reflected on future invoicing. 6. Automatically generate and place warnings and/or holds on noncompliant accounts as a result of delinquency, account expirations, returned payments, partial payments not approved, and other City-defined characteristics. 7. Automatically generate alerts for certain user actions (excessive rent increase submission) 8. Apply the City of Santa Ana logo and other branding elements where appropriate. OPTIONAL SYSTEM FEATURES 1. Ability to send direct outbound emails without City SMTP resources to support mass or targeted email campaigns 2. Ability to redirect direct inbound emails to City email without City SMTP resources to allow for mass or targeted email responses 3. Allow staff to adjust payments (e.g. payment submitted to wrong account or when fee and adjustments are needed) with record of transactional changes within the system. 4. Allow users to schedule alerts delivered through user email or phone number for certain user actions 5. Support SMS/text messaging communication between users and administrators 6. Allow information tooltips on user interface IMPLEMENTATION REQUIREMENTS 1. Migrate all existing records from the City's current registry, including but not limited to: a. Rental unit information, b. Contact information, c. Documents, d. Administrator notes, e. Action and f. Case histories. 2. Migrate all usernames from current users of the City's current registry 3. Full implementation, release, and acceptance required by late-2025. 4. Proposer must provide projected software customization, testing, data migration, implementation, parallel operation and final release and acceptance timelines. City of Santa Ana RFP No.25-073 Page 18 of 34 EXHIBIT 1 r CITY OF SANTA ANA 5. Provide unlimited phone and email support to the City of Santa Ana during the City's regular business hours. a. The City operates from 7:30 A.M. — 5:30 P.M. Monday through Thursday, and 8:00 A.M. — 5:00 P.M. every other Friday. 6. Emergency support after regular business hours must also be made available and may be charged separately. 7. The ability to provide remote support is ideal. 8. The ability to view Support and Enhancement Requests (including individual and City-wide request tickets) via reports and/or portal access is required. The selected firm will provide prompt ongoing maintenance and operational support through system software updates including bug fixes and patches, system recovery from errors and/or downtime, and other technical support to improve the functionality and use of the rental registry. a. As part of their proposal, bidding firms must provide estimates of how long it will take to complete support tasks. 9. Provide a testing environment for implementation of the new system. a. The testing environment must remain available at all times during the term of the contract. 10. Proposer must own, lead, manage, and coordinate all aspects of the project to migrate from the City's current registration software to the awarded application. 11. Proposer must own and manage the entirety of the historical data conversion from the current system to the awarded application. 12. Contractor is responsible for the cleaning, extraction, translation, and uploading of the City's data. a. The data to be included is all historical data in the City's current registry up until the production cutover date. b. The converted data will be available in the new application in a format that is similar or improved in capability, productivity, and efficiency as the intended usage in the current system. 13. City staff's responsibility will be limited to providing general feedback on the data conversion. 14. Contractor must provide comprehensive software training that includes, but is not limited to, end- user training with training manuals for all back-office users and administrator/configuration training with training manuals (up to 10 users). a. No train-the-trainer approach shall be utilized by the vendor. City of Santa Ana RFP No.25-073 Page 19 of 34 EXHIBIT 1 EXHIBIT B COMPENSATION #2096991v2 EXHIBIT 1 COST PROPOSAL Year Subscription Implementation Total Year 1 $108,000 $ 40,000.00 $148,000.00 Year 2 $108,000 $ - $108,000.00 Year 3 $108,000 $ - $108,000.00 Year 4 (optional) $108,000 $ - $108,000.00 Year 5 (optional) $108,000 $ - $108,000.00 Because physical mail involves variable costs such as stamps, envelopes, and paper, Tolemi charges a per-letterfee to cover these expenses. Tolemi will generate and mail single-page letters on behalf of the city at a rate of$1 .00 per letter. EXHIBIT 1 EXHIBIT C Insurance Requirements Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. • Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, EXHIBIT 1 and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Marc Flores, 20 Civic Center Dr. M-73, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. EXHIBIT 1 Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. EXHIBIT 1 Agreement for Rental Registry Software - Tolemi Final Audit Report 2025-09-17 Created: 2025-09-17 By: Marc Flores(mflores15@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAD-3NR9YP_NSgj03HDmb3dl_dCUEaprG5 "Agreement for Rental Registry Software - Tolemi" History Document created by Marc Flores (mflores15@santa-ana.org) 2025-09-17-1:08:46 AM GMT Document emailed to Dan Marconi (dan@tolemi.com)for signature 2025-09-17-1:08:52 AM GMT Document emailed to Michael Garcia (mgarcia15@santa-ana.org) for signature 2025-09-17-1:08:52 AM GMT Email viewed by Dan Marconi (dan@tolemi.com) 2025-09-17-3:58:31 PM GMT Document e-signed by Dan Marconi (dan@tolemi.com) Signature Date:2025-09-17-4:01:12 PM GMT-Time Source:server Email viewed by Michael Garcia (mgarcia15@santa-ana.org) 2025-09-17-5:29:17 PM GMT Document e-signed by Michael Garcia (mgarcia15@santa-ana.org) Signature Date:2025-09-17-5:29:59 PM GMT-Time Source:server Agreement completed. 2025-09-17-5:29:59 PM GMT Adobe Acrobat Sign