RFP P10-2023 July 29, 2022
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THE CITY OF CHULA VISTA
REQUEST FOR PROPOSAL
RFP P10-2023
Notice is hereby given that proposals will be received until 12:00 P.M. on Monday, August 22, 2022, Pacific Standard Time (PST), furnishing the City of Chula Vista with:
Security Alarm Management Services
Prospective Proposers are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered.
Questions related to the proposal must be submitted through PlanetBids. Questions must be received by 3:00 P.M. Thursday, August 4, 2022. Answers will b e uploaded to PlanetBids no later than 5:00 P.M.
Monday, August 8, 2022.
The City reserves the right to reject any or all proposals received any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued thro ugh this RFP must be signed and returned with your submittal.
Victor De La Cruz
Procurement Services Analyst
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Schedule
Activity Date
RFP Posted to PlanetBids July 2 9, 20 22
Question Submittal through
PlanetBids August 4, 20 22 no later than 3:00 P.M.
Response to Questions Released August 8 , 20 22 no later than 5:00 P.M.
RFP Response and Proposal Due August 22 , 20 22 no later than 12:00 pm Selection of Con tractor September 20 22
Council Adoption September 2022
Contract Inception October 15, 2022
Objective
The City of Chula Vista is seeking competitive prop osals from experienced and qualified firms to provi de third-party security alarm management services. Th e successful bidder will work daily with the City t o effectively administer the City of Chula Vista security alarm program.
The objective of this Request for Proposal (RFP) is to contract for an initial term of one-year (12-mo nth) for Security Alarm Management Services. The City wi ll evaluate and determine the need for ongoing services and at the City’s option the agreement will include four (4) one-year options to renew.
Background
The City of Chula Vista is located in southern San Diego County, approximately seven miles north of the international border with Mexico. Chula Vista is the second largest City in the County, the 15 th largest in California and the 75 th largest City in the United States. With a population of 277,000 residents, the City of Chula Vista is one of largest employers in the county with over 1,000 regular employees.
The Chula Vista Police Department currently responds to more than 2,600 alarm activations per year that are not valid emergency activations. The City currently has 8,700 active alarm permits, which are renewed annually. The Chula Vista Police Department believes there are a number of non-permitted security alarm systems operating in the City. Consistent with the current City Ordinance regulating alarm installations, active alarm systems must have a current permit.
On July 1, 2014, the City implemented a modern Security Alarm Ordinance, along with new security alarm permit and false alarm schedules, resulting in third-party administration of the City’s Security Alarm Program. These important changes have allowed the Police Department to manage its limited resources and better serve the needs and expectations of the citizens and business community.
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With the existing alarm program administration contract expiring on October 14, 2022, the City is currently seeking proposals from interested companies who are qualified to provide security alarm management services consistent with the existing City Alarm Ordinance.
The contractor shall provide database development and management, billing and accounting services for annual alarm permit registrations/renewals, billing and accounting services for false alarm activations, collections services for any outstanding uncollected balance, user friendly online access for both alarm company and alarm owners and correspondence with citizens and businesses, including coordination with the City regarding appeals. Additionally, the contractor must work with the City to reduce the number of alarm users under “verified response” status (four or more false alarms in a 12- month period) and coordinate with alarm companies to register City alarm permit for all active alarm systems within the city limits.
Additional information regarding the City’s Security Alarm Program may be obtained at www.chulavistaca.gov/departments/police-department/programs/security-alarm-program
Scope of Work (SOW)
Alarm Management Solution
1. The contractor shall develop and provide a secure web-based platform for alarm users to obtain/renew/cancel permits, pay fees, file alarm appeals, and view information regarding their specific alarm. This web platform shall be accessible to the City of Chula Vista. The contractor shall use data generated from the City's existing systems to accomplish this service.
2. Contractor shall accept automated or manual transfers of account information from the City or other contractor’s database. It is expected that the contractor will work (at no additional cost) with the City and its software to ensure accurate and timely transmission of data.
3. The contractor shall maintain robust data and financial controls for safe and reliable administration of the City’s Security Alarm Program.
4. The contractor shall coordinate with the City to establish an interface with the Police Department’s Computer-Aided Dispatch (CAD) system (Motorola PremierOne) system and web- based platform to automate the report generation of daily false alarm calls.
5. The contractor shall be responsible for posting or recording all alarm incidents in their secure platform, within 24-48 hours of receiving the data from the City of Chula Vista.
6. The contractor’s web-based platform shall track the count of false alarms for each alarm location, and determine when an alarm location is placed on verified response (VR) status (four or more false alarms in a 12-month period).
7. The contractor shall develop and offer online alarm user training and education as well as develop and conduct false alarm prevention.
8. The contractor shall make available to alarm users an online appeals process portal where the alarm user will use to submit an appeal when there is a disagreement on a fee, change in status or other reasons. The contractor shall support and coordinate the billing/suspension/revocation appeals process with appropriate City officials. When an account adjustment is approved, the contractor shall post account adjustments as result of alarm appeals. Account modifications RFP P10-2023 July 29, 2022
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shall include any billing adjustments within 24-48 hours of receiving appeal decision from the City of Chula Vista.
9. If available, the contractor shall describe other management solutions to administer the City’s Security Alarm Program. Other solutions may include a mobile strategy allowing alarm customers to access alarm permit information via their mobile device, and key functions, such as registration and payment features.
Customer Support Center
10. The Contractor shall offer a toll-free phone number to serve as a support center for alarm inquiries. Customer Service Representatives shall be trained to take calls in a pleasant and understanding manner to provide the highest quality of customer service to the City, alarm companies and alarm users.
11. Customer service hours of operation shall be, at minimum, Monday to Friday, from 8:00am to 5:00pm PST.
12. Customer service shall be offered in multiple languages (at minimum English and Spanish).
13. A message option shall be available for calls received outside of operating hours. Contractor shall respond to voice messages the following business day.
14. Alarm customers shall also have an option to email contractor or send via U.S. mail for any customer support. Contractor shall respond to email or mail inquiries by the following business day.
Notifications
15. The contractor shall generate and mail false alarm notifications and billings, track false alarm responses and registration status (i.e. active, suspended or revoked) using the web-based platform. Any correspondence issued on behalf of the City shall comply with City-approved formats. Registration status and false alarm data shall be made available for import/export to/from the City and alarm companies in Microsoft Excel format.
16. Alarm notifications and billings shall be accomplished by telephone, electronic correspondence and U.S. Mail.
17. The contractor shall notify alarm users of false alarm incidents or verified response status via automated call notification within 3-5 business days of receipt of data from the City of Chula Vista.
18. On a daily basis (with the exception of weekend and holidays), contractor shall email a list of new Verified Response (VR) locations to the City at [email protected]. In the event that no new VR locations are identified, no email is necessary.
19. The contractor shall generate email notifications to alarm companies if their customer’s alarm site has been placed on or removed from Verified Response status and shall provide a summarized report listing each date a notification was issued to an alarm company, the permit number, installation address, alarm company account number and status.
20. Written educational materials for citizens and businesses and a coordinated public education notification plan shall be developed by the contractor which clearly identifies the program as a City of Chula Vista effort and shall include program purpose, available resources and training videos on how to use the application and services.
Accounting/Billing Services
21. On a weekly basis, the contractor shall process invoices for permit registration/renewals and false alarm fines, that will include, at minimum: bill number and bill date, alarm site location, date and time of alarm incident, the count of false alarms, corresponding fines for each alarm RFP P10-2023 July 29, 2022
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incident, bill due date, notice of late penalty fees if balance is not paid by due date, notice that police response may be revoked after the fourth false alarm during a 12-month period, and appeal information.
22. The contractor shall be responsible for posting or recording all alarm payment activity in their secure web-based platform, which includes, but is not limited to: permit holder information, billings for permit fees and/or false alarm charges, payment receipts, and account adjustments.
Contractor shall post all alarm payment activity within 1-3 days from receipt.
23. In the event an alarm user overpays or requires a refund of any fee, the contractor shall issue the refund out of the alarm program bank account on behalf of the City. A monthly report of all refunds issued shall be made available online to the City.
24. Contractor shall track the permit renewal dates of existing alarm permit holders and send annual permit fee invoices accordingly.
25. As notified by alarm companies or customers, the contractor shall send alarm permit fee invoices to new customers and suspend permit accounts for customer cancellations.
26. For unregistered alarm permits, the contractor shall assign a unique temporary permit number until the alarm permit is registered and paid. When the alarm permit is paid, a unique permanent permit number will be assigned, along with merging the information from the temporary permit number to the permanent permit number.
Alarm Permit Registration
27. The contractor shall provide alarm users the ability to register their security alarm systems via their web-based portal, by telephone or Interactive Voice Response, or by U.S. mail via a completed written application. Additionally, the contractor shall generate an email and mail registration status changes to individuals, businesses and alarm companies.
28. In their web-based portal, contractor shall categorize the permits by appropriate status (active, inactive/expired, cancelled, suspended, Verified Response).
29. The contractor shall verify that the alarm site is within the jurisdiction of the City of Chula Vista.
Methods to verify addresses shall include geo data provided by the City or USPS.
30. On a monthly basis, the contractor shall engage directly with alarm installation companies to ensure that new permit registrations are consistent with the number of alarm installations reported by each alarm company. Contractor shall validate the alarm company’s data against the permit data. Any locations discovered to be unregistered will be sent an alarm registration invoice along with the information sheet of the City’s alarm program and permit application.
This information sheet (describing the permit requirement, false alarm fees, verified response, alarm appeals, etc.) shall be provided by the City and shall be available on the Police Department’s alarm webpage (www.chulavistaca.gov/SecurityAlarm).
31. Gaps between the alarm company’s installation location and the permitted location data shall be reported by the contractor to the City within 30 days after they are identified. This report shall at least include the following: alarm user, address, alarm company name, alarm company account number, City alarm permit number, and alarm permit status (current, cancelled, outstanding).
32. As requested, the contractor shall provide the City a complete list of alarm permit holders or data regarding trends of increased/decreased number of permit holders for specified time periods.
33. Contractor shall develop and make available on their online customer web portal an alarm permit template for permit holders to print and display at their location. The alarm permit RFP P10-2023 July 29, 2022
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template, which will be provided by the City, shall include the permit number and expiration date. In addition to the permit decal being available on the customer website, contractor shall send out the permit decal whenever a registration or renewal fee is paid. Contractor shall email the decal if the permit registration or the renewal fee is paid through the customer website, else contractor shall send the decal through physical mail.
34. The contractor shall provide a strategy to address the number of alarm users who do not have a current alarm permit but have an active alarm system. The strategy shall not involve a modification of the current alarm ordinance and shall include an example where the strategy was successfully implemented and the outcomes of implementing such strategy.
Collection Process
35. Contractor shall accept payments by check, credit card (Visa, MasterCard, Discover, AMEX) and debit cards.
36. Contractor shall make a minimum of two written or telephone contacts for each account within sixty (60) days of receipt of account unless the account clears sooner. Contractor shall provide detailed steps that will be taken once accounts received from the City, including the number of contacts and procedures that will be followed.
37. Contractor shall conduct skip tracing on delinquent accounts. Contractor shall provide specific tools used to conduct skip tracing.
38. Contractor shall report all uncollected accounts to the major credit bureaus unless a type is excluded from reporting by the City’s Finance Director/Treasurer and shall forward the account to a third-party collection agency once the account becomes 180 days delinquent. Such reporting must be in accordance with all applicable Federal and California laws. Contractor shall not report accounts to the credit bureaus until the contractor has worked the account for 180 days. At the request of the Finance Director/Treasurer, the Contractor shall remove an account notification from all affected bureaus and provide a copy of that notification to the Finance Director/Treasurer. In accordance with the Fair Credit Reporting Act, the City requires that accounts be cancelled from each credit bureau upon request of the Finance Director/Treasurer.
39. Contractor, upon contract award, shall take immediate action to engage with account holders with an outstanding balance that has gone uncollected for over 180 days. The contractor shall notify each account holder on the outstanding balance and the request for payment. The contractor shall allow for 60 days for the account holder to respond before referring the account to a third-party collection agency to try to recover the outstanding balance and referring the account to the major credit bureaus.
40. Revenue generated from the third-party collections company shall be calculated using the same methodology used to calculate revenue from fees and fines proposed by the contractor. The calculation shall be based on the net balance recovered after the third-party collection company has been paid.
41. Contractor shall accrue interest on outstanding balances at a rate established in the City as authorized by the Chula Vista Municipal Code or by resolution of the Chula Vista City Council.
42. Contractor shall not have full rights to the accounts and shall only be able to pursue collections on behalf of the City. Contractor shall make contacts with delinquent accounts under the name of the collection agency.
43. Contractor shall not have authority to accept a compromise settlement on any account without written consent of the Finance Director/Treasurer or designee for all accounts. This consent may RFP P10-2023 July 29, 2022
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be accomplished by setting parameters under which the contractor may accept a settlement without written permission.
44. The City reserves the right to withdraw a delinquent account from the contractor at any time. In such cases, the contractor shall cease all collection and/or legal activities related to the account.
If account is withdrawn prior to collection activity on the part of the contractor then no fees shall be due.
45. The City is customer service oriented and firmly believes in a positive approach in dealing with debtors. The contractor shall not use tactics or third-party collection agencies whose tactics may be interpreted as harassment or as demeaning or that may reflect poorly on the City's efforts. The City prohibits any collection enforcement procedures not consistent with the City's requirements. The City requires the contractor to exercise high ethical standards in their collection philosophy and techniques. The contractor shall conduct its collection business in a professional manner, which will preserve the dignity of the City and its relationship with its citizens.
46. Contractor shall perform all work in accordance with all applicable State and Federal laws, including, but not limited to, the provisions of the Federal Fair Debt Collection Practices Act.
47. Contractor shall provide in proposal any other relevant information about their collection processes and shall provide detailed information about the collection methods to be used.
48. The Finance Director/Treasurer, or designee, shall be allowed access to debtor accounting information through an on-line terminal or the internet providing the ability generate recovery analysis reports or audit debtor files at any time.
49. Contractor shall submit monthly status reports on all accounts detailing its collection activities for the previous month. The monthly status report shall reference the City’s fund and revenue account number, as well as type of receivable. The monthly report shall include data for each account, detailing information such as: original placed value of debt, the value of the current debt money received, charges waived, interest charged, balance due, and date of last payment.
A financial summary will also be required showing "period to date" and "fiscal year to date" totals for pertinent information such as: receipts, net accounts receivable, total accounts receivable, and collection percentage as well as uncollected amounts and percentage change from prior month.
50. Contractor shall meet at least twice annually with the Finance Director/Treasurer and other City staff to discuss collection status. The contractor shall also provide recommendations on how the City can reduce future bad debt. The contractor shall provide updates to the City on changes in state and federal laws related to credit and collections.
Reporting & Documentation
51. Contractor shall make available various reports to City staff for alarm program management (data in Excel format), which may include but is not limited to: 1) Permit Holder information for all status types, 2) Invoice and Payment reports, 3) Verified Response location reports and 4) Appeal reports.
52. The contractor shall mail a monthly check for the City’s portion of alarm program revenues to:
Chula Vista Police Department
Attention: Fiscal Operations
315 Fourth Avenue
Chula Vista, CA 91910
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53. In addition to the monthly status report and a monthly bank statement, a detailed and summarized aging report shall be available by the City’s fund and revenue account number.
Aging reports shall be provided upon City request.
54. A fiscal year-end report, as of June 30, shall be provided to include, by the City's fund and revenue account number:
a. Detailed listing of all accounts by type
b. Detailed listing of all accounts closed in past year by type c. Detail of all activity by account in past year by type d. Summary of all the above reports
55. The contractor shall provide the City any requested information that is not accessible in the web-based platform or a report but is available in the existing dataset relevant to the City of Chula Vista. The request shall be met within 30 days of the initial date of the request unless the contractor can justify a reason why the request cannot be met within the timeline. If the timeline is not reasonable due to the complexity of the request, the contractor shall notify the City and provide an alternative timeline.
56. Contractor shall maintain records supporting each assigned account. All such records (correspondence, documents, accounting records, banking records and other relative evidence) shall be made available to the City for review upon request. These records shall be maintained for a period of seven (7) years after termination of the collection action on each account. The City reserves the right to perform periodic audits to ensure that all amounts collected are accurately reported and remitted.
57. Contractor shall meet at least quarterly with City staff to discuss the general status of the City’s Security Alarm Program.
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Proposal Form and Content
The City will accept proposals in accordance with t he instructions and specifications in this Request for Proposal (RFP).
A. Provide one (1) original PDF document uploaded in PlanetBids on or before the date identified in this RFP.
B. PREPARATION: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP and should address how your firm would provide the services identified in the Scope of Work.
C. PROPOSAL FORMAT: Proposals shall adhere to the following format for organization and content.
Proposals must be divided into the individual sections listed below.
D. TRANSMITTAL LETTER WITH EXECUTIVE SUMMARY: Documen t summarizing the proposal and the proposed fee structure.
E. TABLE OF CONTENTS: The table of contents shall identify the contents of the proposal in a format consistent with the proposal requirements and format set forth herein.
F. GENERAL INFORMATION AND EXPERIENCE: Provide a brief description of your organizational structure, including if any significant changes to structure or leadership in the past 36 months, and any expected organizational changes in the next year. Identify the number of years of experience in providing legislative advocacy servic es, similar in size and scope to that requested in the RFP.
G. CAPABILITIES: Provide the bidder's qualifications including a description of similar contracts that bidder has engaged in the last five (5) years that are similar in size and scope of this RFP. Provide a list of all clients served and services provided, as relevant to this RFP, with organization name, address, contact person's name, title, email and ph one number, along with dates services provided. The City reserves the right to contact any organization or individuals listed. Provide a statement of the bidder's ability to make collections in all 50 states and the ability to file reports with the three major national credit bureaus.
H. POINT OF CONTACT: List the principal personnel who will be assigned to this project, a description of their qualifications, and their responsibilities for this contract. Backgrounds or biographies should be provided. Also, list recent projects on which the principal personnel have worked and describe their responsibilities. The designated Ci ty Alarm Administrator must be notified immediately of any change in principal personnel af ter selection. Such a change will be RFP P10-2023 July 29, 2022
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considered a significant change in the proposal and may be cause for the City to terminate the contract with Contractor. Services provided under this project shall not be performed by or delegated to any person or entity other than the co ntractor without the written authorization from the City Alarm Administrator.
I. FIRM’S METHODOLOGY AND APPROACH TO WORK: A detail ed Scope of Work, including timeline for project implementation. The Scop e of Work must address the following components, as well as any other items deemed necessary by bidder:
a. Describe in detail how the bidder proposes to ac complish each individual task outlined in Scope Of Work.
b. Describe bidder’s collection methodology, from i nitial account receipt through resolution. c. Provide bidder's collection rate of success.
d. Provide sample of the letters sent to delinquent accounts; and reports required in Collection Process and Reporting & Documentation sections.
J. FIRM’S PHILOSOPHY AND ETHICAL STANDARDS: Provide a detailed description of the firm’s philosophy and ethical standards.
K. FEE PROPOSAL: The City shall not incur any costs fo r this program. All monies paid to the Contractor will be deducted from the collected fines and fees. A detailed accounting of collections less City owed fees will accompany remittance to th e City. If current laws allow a Contractor fee to be added to the principal amount of the debt to the City, the City will consider this method versus reducing their principal in the amount of the charge.
Contractor shall instruct consumers to submit payme nt due to the City of Chula Vista at the collection agency. Any payments received at the Cit y will be forwarded to the collection agency for processing. The collection agency will be notified of any payment forwarded by the City. The funds received by the contractor must be maintained in a trust fund until remitted to the City and the collection fee can be deducted at the time of remittance.
The City may choose to be invoiced for all collection fee charges. Fee proposal shall include:
a. The basis of the fee (such as flat fee per accou nt assigned, percentage of revenue collection, etc.)
b. The fee or manner in which a fee would be negoti ated for any other accounts or indebtedness not specifically listed in this RFP the City may assign for collection. c. The fee for any accounts referred by the Agency for legal action to either in-house or contract attorneys.
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The proposal should not include any reference to ot her discounts, incentives or other forms of financial consideration unrelated to the specific s ervices proposed under this Request for Proposal.
Evaluation Method
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements.
Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the G eneral Terms and Conditions or 2-party agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Chula Vista personne l. The City of Chula Vista intends to accept the proposal it determines to be in the best interests of the City, based on the overall proposal, not exclusively on cost or any other specific factor. The City res erves the right to amend, modify, reject, negotiate , or accept any proposal in whole or in part at its sole discretion.
Evaluation Criteria
The award to the successful Respondent will be based upon response to the requirements outlined in this RFP, and an estimate of the quality and effectiveness of each it’s services in the following areas (not listed in order of importance):
a. Experience/Past Performance/References (Must have a minimum of 5 years City-specific public sector experience) – Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; n umber of years’ experience in performing similar work in performing legislative a dvocacy services for municipalities in California.
b. Personnel – Respondent shall submit resumes of all primary professional staff members who will be performing services under the contract. Respondent should demonstrate that all key personnel have been successfully involved w ith projects of similar scope and magnitude.
c. Qualifications – This category will evaluate the Respondent’s ability to take upon itself the responsibilities set forth in the Scope of Work and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpo se, scope and objective of the services to be performed. It is the intention of the City of Chula Vista to award a contract to the Respondent who furnishes satisfactory eviden ce that the Respondent has the requisite experience and ability to enable the Resp ondent to prosecute the work successfully and properly, and to complete services in a timely manner. To determine the RFP P10-2023 July 29, 2022
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degree of responsibility to be credited to the Resp ondent, the City of Chula Vista will weigh the evidence that the Respondent has performe d satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
d. Proposed Cost
e. Optional Interview – In the event the City decides that interviews are necessary, Respondents who are finalists will be notified as promptly as possible. Each interview will consist of a presentation of no longer than one (1) hour. Notice of confirmation of the interview date/time will be given by telephone or in writing.
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GENERAL CONDITIONS
Evaluation
The Purchasing Agent along with the Department Representatives will evaluate r e s p o n s e s . The City reserves the right to reject any or all r e s p o n s e s and to waive any irregularity or informality in any r e s p o n s e t o the extent permitted by law. All respondents are responsible for reading the attached specifications, terms and
conditions, Performance Standards, General Conditions, and General Provisions, which are considered part of your bid and any contract awarded.
Award
It is the City’s intent to award this contract to a single contractor based on the primary services (a s outlined on PlanetBids).
However, the city retains the ability to utilize al ternate contractor/s in the event the awarded contr actor is unable to provide services in the time outlined by the city. The awa rd will be made to the lowest, responsive and respo nsible bidder who, in the City's sole
judgement, has the necessary experience, skill, business standing, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes to subcontract work w ill also be a consideration i n a w a r d .
This RFB does not commit the City to award a contra ct, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entir ely this RFB, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respond ent to participate in negotiations and to submit su ch price, technical or other revisions of their proposals as may result fr om negotiations. The City shall be the sole judge i n determining award of contract.
Local Business Consideration
According to the Chula Vista Municipal Code, Chapte r 2.56.090, letter G, In accordance with Section 1011 of the Charter,
in the event two or more bids are received which ar e for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bi ds are all from vendors either wholly inside or all outside of the city, then the contract shall be awa rded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista.
Firm Prices
Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date.
PUBLIC DISCLOSURE
All proposals submitted in response to this RFQ bec ome the property of the City and public records, an d as such may be subject to public review. Under the California Public Reco rds Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be dis closed unless the information being sought falls in to one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255.
A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain informat ion that falls into one of the exemptions of Govern ment Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential.
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In the absence of a declaration, the City may be ob ligated to disclose the proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents ma y still be disclosed if City, or a court with juris diction, determines that such proposal is a public record requiring disclosure.
Payment Terms Terms: ________%_________Days
Prompt payment discounts offered for less than fift een (15) days will not be considered in evaluating bids for award. Howev er, discounts offered of less than fifteen (15) days wi ll be taken if payment is made by the City within t he discount period. In the absence of terms, payment shall be Net Thirty (30) Days.
Payment Method
The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for invoices.
SUA:
Yes
No
EFT:
Yes No
If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the information below:
Bank ABA #________________________ Bank Account #__ _____________________ Bank Name______________________________
Bank Address________________________________________________________________ Checking or Savings Account ____________________________________________________
** Benefits of SUA Virtual Card Payment Program
There are many benefits when accepting SUA payment, including:
accelerated payments that will help reduce days sales outstanding (DSO) a simplified process that eliminates the cost of processing checks the ability to reduce administration expenses, account collections and follow-ups upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days
Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving 100% participation from our valued suppliers.
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Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial re sponsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in bid evaluation. Please indicate whether this will be granted.
Yes ________ No ________
Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license .
____________________
Signature
____________________
Date
This page must be completed and returned with response.
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PROPOSAL GENERAL PROVISIONS
Please Read Carefully
These Provisions Are a Part of Your Proposal and an y Contract Awarded
The bidder agrees that:
A. Bidder has carefully examined the specifications , and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, in tent, and requirements; and B. Bidder will enter into a written contract and fu rnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vis ta specifications for the prices quoted.
Note: Bidder is defined as any individual, partners hip, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, o r vendor.
Bid is defined as any bid, proposal, or quotation s ubmitted in response to this solicitation.
1. Items Offered
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or ve ndor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is th at designated even though the bid may state or equa l.
2. Samples
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additi onal cost to the City
3. Verify Quotations
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted afte r the bid has been opened.
4. Firm Prices
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in ma rket price below a price bid, the City shall receive the benefit of such decline.
5. Modification or Withdrawal of Bids
Bids may be modified or withdrawn by written or fac simile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be wi thdrawn in person by a bidder, or authorized repres entative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.
6. Late Bids, Modifications, or Withdrawals
a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that l ate receipt was due solely to City error.
b) Modification of a successful bid that makes the ter ms of the bid more favorable to the City will be considered at any time.
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7. Mistake in Bid
a) If the bidder discovers a mistake in bid prior t o the hour and date specified for receipt of bid, b idder may correct the mistake by modifying or withdrawing the bid in accordance these provisions.
b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a cont ract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modify ing the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids receive d after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regard s acceptance or rejection of requests for correctio n of bids.
c) A mistake in bid cannot be considered once a pu rchase order or contract is issued.
8. Signature
All bids shall be signed, and the title and firm na me indicated. A bid by a corporation shall be sign ed by an authorized officer, employee or agent with his or h er title. .
9. Alternative Proposals
To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savi ngs. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cos t analysis considerations that would result in the optimum eco nomic advantage to the City.
10. Environmentally Preferable Purchasing (EPP)
The City defines Environmentally Preferable Purchas ing (EPP) as the procurement or acquisition of good s and services that have a lesser or reduced effect on hu man health and the environment when compared with competing goods or service that serve the same purp ose. With few exceptions, environmentally preferab le products shall only be purchased when determined to be cost-effective while considering a true cost du ring its lifecycle from use, management and disposal. EPP re quires attention to numerous environmental considerations, including energy efficiency, postco nsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowabl e exception and may be requested at any time during the solicitation process.
For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp .
11. Quality
Unless otherwise required in the specifications, al l goods furnished shall be new and unused.
12. Litigation Warranty
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration co ncerning the materials or bidder’s performance concerning the sa me or similar material or service to be supplied pu rsuant to this contract of specification, and that no judg ments or awards have been made against bidder on th e basis RFP P10-2023 July 29, 2022
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of bidder’s performance in supplying or installing the same or similar material or service, unless suc h fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such lit igation or arbitration and to require bidder to fur nish the City with a surety bond executed by a surety company aut horized to do business in the State of California a nd approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder o f the contract in the event the bid is awarded to b idder, notwithstanding the litigation or arbitration.
13. Performance Standards
Performance of work and acceptability of equipment or materials supplied pursuant to any contract or a ward shall be to the satisfaction of the City.
14. Warranties
a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after ac ceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception
b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufactu rer’s dealer. Bidder shall be responsible for ensu ring that warranty work is performed at a local agency o r facility convenient to City and that services, pa rts and labor are available and provided to meet City’s schedules and deadlines. City may require bidder to post a performance bond after contract award to gua rantee performance of these obligations. Bidder may establish a service contract with a local agenc y satisfactory to City to meet this obligation if b idder does not ordinarily provide warranty service.
15. Addenda
The effect of all addenda to the bid documents shal l be considered in the bid and said addenda shall b e made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and fa ilure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection.
16. Specifications to Prevail
The detailed requirements of the specifications sha ll supersede any conflicting reference in these Gen eral Provisions that are in conflict therewith.
17. Taxes
The City will furnish Exemption Certificates for Fe deral Excise Tax. The City is liable for State, Ci ty and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successfu l bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be consid ered in the evaluation of bids.
18. Conflict of Interest
No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they:
a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would ten d to impair their independence, judgment or action in the performance of their official duties.
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b) Are negotiating for or have an arrangement concerni ng prospective employment with bidder. The bidder warrants to the best of his knowledge that the subm ission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent.
For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to dam ages and/or debarment or suspension.
19. Gratuities
The City may rescind the right of the bidder to pro ceed under this agreement if it is found that gratu ities in the form of entertainment, gifts, or otherwise are offe red or given by the bidder, or any agent or represe ntative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreem ent or securing favorable treatment with respect to perfor mance of this agreement.
20. Faithful Performance Bond
Successful bidder may be required to furnish the Ci ty with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate o f Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all term s and conditions of the contract.
21. Insurance
Bidder shall provide proof of liability and propert y damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless ot herwise specified. The City of Chula Vista shall b e named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’ s Compensation coverage for each employee engaged in work on City premises is required. Bidder is solel y responsible for all insurance premium payments.
22. Indemnification
Bidder shall defend, indemnify, protect and hold ha rmless the City, its elected and appointed officers , employees, and agents, from and against all claims for damages, liability, and expenses (including att orney’s fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents .
23. Award of Contract
a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is consi dered to be most advantageous to the City, price an d other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysi s, life cycle costs, warranty and quality, maintena nce cost, durability, the operational requirements of t he City and any other factors which will result in the optimum economic benefit to the City.
b) The City reserves the right to reject any item or i tems, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The C ity will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such.
c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items o r groups of items to various bidders as the interes ts of the City may require, unless the bidder clearly specifies otherwise in his bid.
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d) For the purpose of evaluating bids for multiple awa rds, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items an d combinations of items which result in the lowest aggregate price to the City, including such adminis trative cost.
e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shal l be deemed to result in a binding contract incorporating those terms and these General Provisi ons without further action required by either party .
Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete cont ract, as defined by this clause 28 or any related integrated agreement.
24. Protests
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar considera tion of such protest.
25. Documentation
Due to the time constraints that affect contract pe rformance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may resu lt in bid being declared non-responsive and rejecte d, and at City’s option the bid bond may be attached for dama ges suffered.
26. Seller’s Invoice
Invoices shall be prepared and submitted in duplica te to address shown on the Purchase Order. Separat e invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or ser vices, sizes, unit of measure, quantity, unit price and extended totals.
27. Document Ownership
a) All technical documents and records originated o r prepared pursuant to this contract, including pap ers, reports, charts, and computer programs, shall be de livered to and become the exclusive property of the City and may be copyrighted by the City. Bidder as signs all copyrights to City by undertaking this agreement
b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be as signed to City, unless otherwise agreed. Bidder agrees th at City may make modifications to computer software furnished by bidder without infringing bidder’s cop yright or any license granted to City.
28. Advertisements, Product Endorsements
City employees and agencies or organizations funded by the City are prohibited from making endorsement s, either implied or direct, of commercial products or services without written approval of the City Mana ger. No bidder may represent that the City of Chula Vista h as endorsed their product or service without the Pu rchasing Agent’s prior written approval.
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29. City Provisions to Prevail
Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award.
Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder’s bid as non-responsive, to consi der the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provid e materials or services accompanied by new or additional standa rd terms or conditions, they too shall be considere d void and City may require deletion as a further conditio n of performance by Bidder. To the extent not othe rwise provided for by the contract documents, the Califor nia Commercial Code shall apply.
30. Invalid Provisions
In the event that any one or more of the provisions of this agreement shall be found to be invalid, il legal or unenforceable, the remaining provisions shall remai n in effect and be enforceable.
31. Amendments and Modifications
The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) d rawings, designs, or specifications, where the supp lies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) pla ce of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or ame ndment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted with in 30 calendar days from the notification date.
32. Assignment
Bidder shall not assign or delegate duties or respo nsibilities under this agreement, in whole or in pa rt, without prior written approval of the City.
33. Disputes
Except as otherwise provided in these provisions, a ny dispute concerning a question of fact arising un der this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be fina l and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision.
34. Mediation
Should an unresolved dispute arise out of this agre ement, any party may request that it be submitted t o mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an a greement, the parties shall each submit one name fr om mediators listed by either the American Arbitration Association, the California State Board of Mediati on and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process.
The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.
No party shall be permitted to file a legal action without first meeting in mediation and making a goo d faith attempt to reach a mediated settlement. The mediat ion process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties.
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35. Lawful Performance
Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses r equired shall be obtained by the bidder, at bidder’s sole e xpense.
36. Business License
Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obta in a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other perso n, within the corporate limits of the City, to tran sact, engage in, or carry on any business, show, exhibition or g ame hereinafter specified without first having proc ured a license .
37. Annual Appropriation of Funds
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and le ases are considered items of current expense. Purc hase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or anticipated te rm contract payments required to be paid in the next o ccurring lease or contract term, and if no funds ar e legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obliga tion in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the exte nt of the Purchase Orders issued.
38. Extension
When in the City’s best interest, this agreement ma y be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/ or materials received under an extension shall be i n accordance with pricing, terms, and conditions, as described herein.
39. Debarment
The Purchasing Agent may recommend to the City Coun cil that the person or business be debarred from consideration for award of contracts. The period o f debarment will be contingent upon the severity of cause.
Causes for debarment include:
a) Conviction under state or federal statutes of em bezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business inte grity or business honesty
b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to just ify debarment action, including:
i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or
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iii. Two or more claims of computational error in bid su bmission within a two-year period.
c) Debarment by another governmental entity.
d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarre d for the following causes:
i. Collusion in bidding
ii. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of C hula Vista or in the performance of such contract or subcontract.
iii. Conviction under State or Federal antitrust statute s arising out of the submission of bids or proposals.
40. Venue
This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Di ego.
(REV February 2021)
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1. THE CITY’S STANDARD 2-PARTY AGREEMENT FOR CONTRACTO R /SERVICE PROVIDER IS ATTACHED FOR REVIEW. THE CITY WILL CONSIDER ANY NO TED EXCEPTIONS WHILE MAKING THEIR SELECTION.
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH CITY OF CHULA VISTA
TO PROVIDE [SERVICES TO BE PROVIDED ]
This Agreement is entered into effective as of October 15, 2022(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corp oration (“City”) and City of Chula Vista , Entity Type (e.g. A California Corporation) (“Contr actor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
R
ECITALS
WHEREAS, on month, day, year, the City issued Request for Proposal (RFP) # P##-##/## to seek qualified companies to provide security alarm management services; and
WHEREAS, Contractor/Service Provider was selected as a result of the RFP process; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement.
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OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above reci tals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Prov ider agrees to perform the services, and deliver to City the “Deliverables” (if any) describ ed in the attached Exhibit A, incorporated into the Agreement by this reference, within the ti me frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agree ment. Upon doing so, City and Contractor/Service Provider agree to meet and confe r in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, code s, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional serv ices related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms alread y provided therein. Once added to Exhibit A, “Additional Services” shall also become “Require d Services” for purposes of this Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession curr ently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncom pliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors.
1.6 Security for Performance. In the event that Ex hibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall p rovide such additional security prior to RFP P10-2023 July 29, 2022
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commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of wo rk, Contractor/Service Provider shall obtain a business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance o f the Required Services.
Contractor/Service Provider agrees to take appropri ate measures necessary to ensure that all subcontractors and personnel utilized by the Contra ctor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Prov ider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the e arlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the R equired Services hereunder, and shall terminate when the Parties have complied with all t heir obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of th e Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within t hirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effec tive Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail.
Each invoice shall include the current monthly amou nt being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
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performed, City shall pay Contractor/Service Provid er for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discre tion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback am ount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Con tractor/Service Provider’s out-of- pocket costs incurred by Contractor/Service Provide r in the performance of the Required Services if negotiated in advance and included in E xhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or relate d to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimb ursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost rei mbursement is allowable and eligible for payment under this Agreement, nor does it constitut e a waiver of any violation by Contractor/Service Provider of the terms of this Ag reement. If City determines that Contractor/Service Provider is not entitled to rece ive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provid er must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
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3.3 Standards for Insurers. Required Insurance mu st be placed with licensed insurers admitted to transact business in the State of Calif ornia with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensat ion Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider m ust include all sub-Contractor/Service Providers/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for th ose not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, off icials, employees, agents, and volunteers must be named as additional insureds with respect t o any policy of general liability, automobile, or pollution insurance specified as req uired in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liab ility additional insured coverage must be provided in the form of an endorsement to the Contr actor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorse ment must not exclude Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt reque sted. Prior to the effective date of any such cancellation Contractor/Service Provider must procu re and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Pro vider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Requir ed Insurance policy under this Agreement.
In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencemen t of any work, Contractor/Service Provider shall furnish City with original certifica tes of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shal l impose no obligation or liability of any RFP P10-2023 July 29, 2022
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kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates a nd endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, includin g endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General L iability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions cover age are required and are provided on a claims-made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be bef ore the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of i nsurance must be provided, for at least five (5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effect ive date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements mus t be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insura nce provisions under this section shall not be construed to limit the Contractor/Service Pr ovider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insur ance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law , Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnifie d Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or inc ident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Ser vice Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemn ified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Part ies which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves D esign Professional Services.
Notwithstanding the forgoing, if the services provi ded under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.
4.3 Costs of Defense and Award. Included in Contr actor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider ’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be r endered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified.
Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, C ontractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provide r agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obliga tions under this Section 4 shall survive the termination of this Agreement.
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5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Refor m Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Serv ice Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor /Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provide r warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other considerat ion contingent upon or resulting from the award or making of this Agreement. Contractor/Servi ce Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transa ction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Servic e Provider’s subcontractors.
Contractor/Service Provider further agrees to notif y City in the event any such interest is discovered whether or not such interest is prohibit ed by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whats oever Contractor/Service Provider shall fail to perform the Required Services under this Ag reement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider.
Such notice shall identify the Default and the Agre ement termination date. If Contractor/Service Provider notifies City of its in tent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the e vent of a termination under this Section 6.1, RFP P10-2023 July 29, 2022
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Contractor/Service Provider shall immediately provi de City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor /Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s re ceipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of C ity. City may suspend or terminate this Agreement, or any portion of the Required Serv ices, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) day s prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” ( defined in Section 7 below) to City.
Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof.
Contractor/Service Provider shall be entitled to re ceive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such ter mination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedur es. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon re quest by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be g overned by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provide r agrees that it is subject to personal jurisdiction in California. If Contractor/Service P rovider is a foreign corporation, limited liability company, or partnership that is not regis tered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service RFP P10-2023 July 29, 2022
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Provider by first class mail directed to the indivi dual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics , forms, designs, plans, procedures, systems and any other materials or properties produced in w hole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No suc h Work Product shall be subject to private use, copyrights or patent rights by Contractor/Serv ice Provider in the United States or in any other country without the express, prior written co nsent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the P ublic Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make ava ilable to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City ma y grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreem ent for Contractor/Service Provider warrants and represents that they have the authorit y to execute same on behalf of Contractor/Service Provider and to bind Contractor/ Service Provider to its obligations hereunder without any further action or direction f rom Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed i n counterparts, each of which shall be deemed an original, but all of which shall const itute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitute s the entire Agreement between the Parties with respect to the subject matter contained herein . All exhibits referenced herein shall be RFP P10-2023 July 29, 2022
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attached hereto and are incorporated herein by refe rence. All prior or contemporaneous agreements, understandings, representations, warran ties and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agr eement and for three (3) years following completion of the Required Services, Contractor/Ser vice Provider agrees to maintain, intact and readily accessible, all data, documents, report s, records, contracts, and supporting materials relating to the performance of the Agreem ent, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub- Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perfo rm such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Pro vider is and shall at all times remain as to City a wholly independent contractor. Neithe r City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of Ci ty, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits , injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contract or/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests pro vided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to s uch Party, postage prepaid, registered or certified, with return receipt requested, at the ad dresses identified in this Agreement at the places of business for each of the designated Parti es as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees th at the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual sig natures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or RFP P10-2023 July 29, 2022
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email electronic signatures, pursuant to the Califo rnia Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have re ad and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
CITY OF CHULA VISTA CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ Enter name of signatory MARY CASILLAS SALAS
Enter title of signatory MAYOR
ATTEST
BY:
________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and L egal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services A dministrator 315 Fourth Ave Chula Vista CA, 91910
(619) 476-2570
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Contractor/Service Provider Contract Administrat ion:
CITY OF CHULA VISTA
Enter Mailing Address
Enter Phone Number
Enter Email Address
For Legal Notice Copy to:
Enter Contractor/Service Provider Staff Person Na me
Enter Mailing Address
Enter Phone Number
Enter Email Address
2. Required Services
A. General Description:
Contractor/Service Provider Will Provide Security Alarm Management Services.
B. Detailed Description:
Enter Detailed Information About Each Task To Be Pe rformed, Including Task Description, Associated Deliverables, And Completion Date.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 15, 2022 and end on October 14, 2023 for completion of all Required Services.
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4. Compensation:
A. Form of Compensation
As a third-party administrator, Contractor/Service Provider shall collect revenues on behalf of the City for the City’s Security Alarm Program, which i ncludes permit fees, false alarm fines, late fees, and any other fees or fines associated with t he City’s Security Alarm Program. City and Contractor shall share the net revenue collected from the City’s Security Alarm Program
Enter revenue sharing information.
B. Reimbursement of Costs
☒ City shall pay the bank fees and postage costs associated with the security alarm program. If the City opts for a lockbox, the lockbox charges shall be paid by the City before the foregoing split of revenue.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through October 14, 2023 shall not exceed $100,000.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None.
☐ Security for Performance: None.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or every October 15, through October 14, 2027 . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 0% for each extension. The City shall give written notice to Contractor/Service Provider of th e City’s election to exercise the extension via the Notice of Exercise of Option to Extend document . Such notice shall be provided at least 30 days prior to the expiration of the term.
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EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minim um amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bo dily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9 -Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE.
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act
1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, in cluding some Contractor/Service Providers, to make certain public disclosures using a Statement o f Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements. 3
☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore
EXCLUDED
4 from disclosure.
☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at
www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code .)
Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under
the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for
each individual
Enter email
address(es)
☐ A. Full Disclosure
☐ B. Limited Disclosure
(select one or
more of the categories under which the
Contractor shall file
):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐
6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
1 Cal. Gov. Code §§81000 et seq. ; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 ( Chadwick ) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4 th
261; FPPC Reg. 18700.3 (Consultant defined as an “i ndividual” who participates in making a governmenta l decision; “individual” does not include corporation or limited liability company).
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3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure , based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirem ents. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866- ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre