Cover Page
City of Rialto
Purchasing Division
Purchasing Manager: Shanita Simmons
Phone: (909) 820-2570
Email: [email protected]
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE
PROGRAM
Closing Date: July 29, 2026, 4:00 P.M. PST
RFP Number: 27-001
Due Date: July 29, 2026
Time: 4:00 P.M. PST
Project: Fire Apparatus
Prevention
Maintenance
Program
Proposers shall submit a fully executed proposal via PlanetBids, to be received no l ater than 4:00 P.M. PST, Wednesday, July 29, 2026.
NOTE: Proposals shall be submitted electronically online through PlanetBids.
Proposals will not be accepted directly by the City. Please refer to the Bid Opportunities through PlanetBids at:
https://pbsystem.planetbids.com/portal/28159/bo/bo-search
Table of Contents
CITY OF RIALTO, CALIFORNIA
NOTICE FOR REQUEST FOR PROPOSALS #27-001
FIRE APPARATUS PREVENTIVE MAINTENANCE
PROGRAM
NOTICE IS HEREBY GIVEN by the City of Rialto (City) is requesting proposals from qualified professional firms to provide the City with Fire Apparatus Preventive Maintenance Program.
SCOPE OF SERVICES: The scope of work generally includes: The City is seeking proposals from experienced qualified contractors to provide a comprehensive Fire Apparatus Preventive Maintenance Program for the Department’s fleet of fire apparatus and emergency vehicles .
The City may alter the scope prior to executing a professional services agreement with the selected firm.
OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded through PlanetBids at: https://pbsystem.planetbids.com/portal/28159/bo/bo-search.
To obtain RF P Documents and Addenda , and to submit a Proposal, will require the Proposer to register with the City of Rialto Vendor Portal.
For assistance with accessing RFP Documents or with registering as a Vendor, please contact the Purchasing Division at (909) 820-2570.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT : This solicitation has been developed in the One-Step Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RF P will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RF P document. PRICE IS NOT PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the City Man ager or City Council in accordance with Chapter 2.48 of the Rialto Municipal Code . The selected firm will be required to comply with all insurance and license requirements of the City. The City also reserves the right to reject all submitted proposals and cancel the RFP or reissue the RFP.
DEADLINE: Proposals must be submitted electronically through PlanetBids before July 29, 2026, at 4:00 P.M. PST Mailed or hand delivered proposals will not be accepted.
Table of Contents
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.
(s) Shanita Simmons
City of Rialto
Purchasing
Publish:
Provide proof of publication
RFP #27-001
CITY OF RIALTO, CALIFORNIA
NOTICE OF REQUEST FOR PROPOSALS #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
Requests for Proposals #27-001, for Fire Apparatus Prevention Maintenance Program (hereinafter the “RFP”) will be electronically received via PlanetBids on their website at https://pbsystem.planetbids.com/portal/28159/bo/bo-search on July 29, 202 6, at 4:00 P.M.
PST. The receiving time on the PlanetBids website will be the governing time for acceptability of Proposals. Paper proposals, or proposals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will NOT be accepted.
Late proposals will not be accepted . Failure to acknowledge Addenda may render a proposal as being non- responsive.
1. PURPOSE AND SCHEDULE:
The City of Rialto (“City”) is soliciting proposals from qualified firms to provide the City with Fire Apparatus Preventive Maintenance Program for the Department’s fleet of fire apparatus and emergency vehicles. The selected contractor will be responsible for performing all scheduled preventive maintenance, safety inspections, fire pump service testing, and emergency repair services in accordance with applicable NFPA standards, California regulations, and manufacturer specifications.
SCHEDULE:
Notice requesting Proposals posted and issued .................................................... July 14, 2026 Deadline for receipt of Questions ........................................................................... July 21, 2026 Deadline for receipt of Statement of Qualifications .......................................... July 29, 2026 Contract Award ..................................................................................................................... TBD *Dates above are subject to change.
“KEY” TO RFP ATTACHMENTS:
ATTACHMENT A – Signature Authorization and Addenda Acknowledgement ATTACHMENT B – Non-Collusion Affidavit Form
ATTACHMENT C – Conflict Disclosure Form
ATTACHMENT D – Debarment and Suspension Certification
RFP #27-001
ATTACHMENT E – Non-Discrimination Certification
ATTACHMENT F – Local Business Preference Form
ATTACHMENT G – Sample Professional Services Agreement
2. BACKGROUND:
The City of Rialto was incorporated in 1911 but can trace its roots to the 15th century when the Serrano Indians settled in the region. Over the next 500 years, Rialto went through multiple iterations – as a Mexican land grant, a ranching and railroad center, a popular stop along Route 66, and, ultimately, a thriving population and economic center for Southern California’s Inland Empire.
According to the 2020 U .S. Census, 104,026 people live in Rialto . Rialto is 4 miles wide and
8.5 miles long (24.13 square miles). The City operates as a general law City with a City Council-City Manager form of government. Five Council members serve four years , overlapping terms, with elections held every two years.
Rialto is an ethnically diverse and progressive community, which boasts several unique community assets including its own Police and Fire Departments, a City owned Racquet and Fitness Center, Performing Arts Theater , a Community Center and Senior Center. Rialto is conveniently located to various recreational pursuits from the mountains, beaches, and desert.
3. SCOPE OF SERVICES:
The following scope of services is provided for the selection process. The City may alter the scope prior to executing a professional services agreement with the selected firm.
GENERAL PROVISION FOR SERVICES.
Vehicle Inspections
All fire apparatus inspections shall be performed in compliance with the current edition of NFPA 1915, Standard for Fire Apparatus Preventive Maintenance Program. The Contractor shall inspect each unit in the City’s fleet at scheduled intervals and document all findings in writing.
Preventive Maintenance Services
The following services shall be performed annually or when manufacturer -specified service intervals have been reached, whichever comes first:
• Engine oil and filter replacement
• Transmission fluid and filter service (where equipped) • Transfer case oil and filter replacement
• Axle oil replacement (front and rear)
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• Engine coolant system service and flush
• Air filter inspection, service, and/or replacement as needed • Auxiliary pump engine oil and filter replacement
• Brake system inspection and service (pads, shoes, rotors, drums, hydraulic fluid) • Charging system inspection (alternator, batteries, cables) • Steering and suspension inspection
• Lighting and electrical systems inspection
• Air system inspection (compressors, air dryers, tanks, lines) • Fuel system inspection
• Cooling system hose and belt inspection
• Cab and body inspection, including compartment doors, latches, and hinges Annual Fire Pump Service Testing
The Contractor shall perform Annual Service Tests of Fire Pump Systems on all applicable fire apparatus in accordance with NFPA 1911, Standard for the Inspection, Maintenance, Testing, and Retirement of In -Service Emergency Vehicles. All test results shall be documented and copies provided to the Department Fleet Manager within five (5) business days of test completion.
Emergency and Unscheduled Repairs
The Contractor shall be available to perform emergency repairs and unscheduled maintenance services twenty- four (24) hours per day, seven (7) days per week, three hundred sixty -five (365) days per year, including holidays. For emergency situations, as determined by the City of Rialto Fire Department, the Contractor shall provide a maximum response time of three (3) hours. The Contractor shall maintain sufficient parts inventory and qualified personnel to achieve fast turnaround and minimize apparatus downtime.
Roadside and Field Service
The Contractor shall be capable of providing roadside service and field repairs on disabled apparatus that cannot be safely transported to the Contractor’s facility. Roadside service shall be available 24/7 at the rates bid by the Contractor.
Warranty Support
The Contractor shall assist the City of Rialto Fire Department in maintaining warranty coverage on all apparatus under manufacturer or extended warranties. The Contractor shall notify the Department immediately upon discovering any condition that may affect warranty status. At the request of the Department, the Contractor shall act as the primary contact with apparatus or equipment manufacturers for warranty-related repair coordination.
RFP #27-001
Additional Repair Services
In addition to scheduled preventive maintenance, the Contractor shall be qualified and equipped to perform the following repair services, among others:
• Brake system repairs (front and rear axle, hydraulic, air) • Engine repairs, including in-frame and out-of-frame overhauls • Transmission removal, rebuilding, and installation
• Radiator removal and installation
• Alternator and charging system repairs
• Battery replacement and cable service
• Air conditioning system service (charging, nitrogen check, vacuum check) • Pump packing adjustment and fire pump repairs
• Electrical diagnostics and repairs
• Suspension, steering, and driveline repairs
GENERAL SERVICE REQUIREMENTS
Response Time and Availability
The Contractor shall maintain 24/7/365 availability for emergency response. For critical situations as determined by the Department, the maximum response time shall not exceed three (3) hours. The Contractor shall staff sufficient qualified technicians and maintain adequate parts inventory to meet this requirement consistently throughout the contract term.
Service Documentation and Reporting
• The Contractor shall provide an itemized list of all completed services and/or repairs at the time of vehicle pick-up or delivery to the Department, including parts used, labor hours, and any recommended follow-up work.
• A hard copy of all service documentation shall accompany the apparatus at return, and a copy shall be submitted electronically to the City of Rialto Fleet Manager. • The Contractor shall submit invoices to the City no later than thirty (30) calendar days following completion of service. Invoices shall be itemized by labor category, parts, and applicable service type.
• The Contractor shall maintain a tracking system to monitor the status of all work orders and provide the Department with status updates upon request. • The Contractor shall maintain and archive records for all maintenance and repairs related to all of the City Fleet by individual vin/unit numbers.
Fleet Management Software Integration
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The Contractor shall participate in and enter all service records, work orders, and maintenance data into the City of Rialto Fire Department’s Fleet Operations Management Software. The Contractor shall be responsible for timely and accurate data entry and shall cooperate with the Department’s Fleet Manager to ensure system compatibility. No additional fees shall be charged to the City for data entry, software integration, or reporting compliance.
Training
The Contractor shall provide up to twelve (12) hours of annual training to Fire Department personnel covering preventive maintenance procedures, apparatus inspection, and related topics. Training shall be conducted at a mutually agreed location and schedule. Training hours shall be billed at the Contractor’s standard preventive maintenance labor rate as submitted i n the bid response.
Tools, Equipment, and Facilities
The Contractor shall provide all tools, test equipment, diagnostic equipment, and facilities necessary to perform the required services. The City shall have the right to inspect the Contractor’s facility prior to contract award and periodically during the contract term upon reasonable notice.
Emergency Contact Information
Prior to contract commencement, and upon any changes thereafter, the Contractor shall provide the City of Rialto Fire Department with a current 24/7 emergency call-out list identifying the appropriate contact persons for after -hours emergency response, including names, titles, phone numbers, and alternate contacts.
Subcontractors
The Contractor shall not subcontract any portion of the required work without prior written approval from the City. Any approved subcontractor shall be subject to the same qualification, certification, and insurance requirements applicable to the primary Contractor.
Warranty Assistance
The Contractor shall assist the City in maintaining warranty coverage on all apparatus and equipment under manufacturer or extended warranties. The Contractor shall notify the Fleet Manager and the Fire Chief immediately upon discovering any condition that may affect warranty status.
PARTS AND MATERIALS
Parts Standards
The Contractor shall use OEM (Original Equipment Manufacturer) parts or parts that meet or exceed the quality and specifications of the parts currently in service on the apparatus. The
RFP #27-001
use of aftermarket parts that do n ot meet OEM specifications is not permitted without prior written approval from the Fleet Manager.
Parts Availability and Freight
The City of Rialto shall not pay freight charges for any part identified as a regularly stocked item. The City shall not pay freight charges on any part returned or replaced under warranty.
The Contractor shall provide, with the bid submission, a written explanation of parts availability clearly identifying which commonly used parts are regularly stocked at the Contractor’s facility.
Sample Parts List
As part of the bid response, the Contractor shall submit a sample list of commonly used parts and materials along with proposed pricing. This list is for evaluation purposes only and shall not be construed as a complete inventory. The sample list shall include, at minimum, items such as brake pads, brake shoes, rotors, filters (oil, air, fuel, hydraulic), batteries, belts, hoses, bulbs, and fluids.
SPECIALIZED SERVICES
In addition to general preventive maintenance and repair, the Contractor shall be qualified and equipped to provide the following specialized services. These requirements reflect the technical complexity of the City’s fire apparatus fleet and are considered essential to the performance of this contract.
Aerial Device Services
• The Contractor shall be capable of performing diagnostics, inspection, and repair of aerial devices, including ladder systems, platforms, and associated hydraulic and structural components, in compliance with applicable NFPA standards.
Fire Pump Systems
• The Contractor shall be proficient in the service, repair, and testing of fire pump systems, including Darley, Hale, and Waterous pump brands.
• The Contractor shall be an Authorized Repair Center and Parts Distributor for Darley and Waterous pumps. Proof of authorization from each pump manufacturer shall be submitted with the bid.
Transmission Diagnostics
• The Contractor shall possess Allison DOC 2 diagnostic software and be capable of performing Allison transmission diagnostic services and minor r epairs. This capability shall be maintained in-house and available throughout the contract term.
Generator Systems
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• The Contractor shall be capable of servicing and repairing emergency generators installed on fire apparatus, including Onan, Harrison, and Smart Power generator systems. Diagnostic capability and parts availability for each of these generator brands shall be demonstrated at the time of facility inspection.
Engine Platforms
• The Contractor shall provide full diagnostic and repair services for the following engine platforms used in the City’s fire apparatus fleet:
• Detroit Diesel DD13, DD15, and Series 60
• Cummins ISL9, X12, X15, and CM2350
Technicians assigned to engine repair work shall have documented training and verifiable experience on each of the engine platforms listed above.
ABS Systems
• The Contractor shall possess the capability to diagnose and repair ABS (Anti -Lock Braking System) systems across the following platforms used in the City’s fleet: Bendix, Bosch, and Wabco. Diagnostic tools for each platform shall be maintained at the Contractor’s facility.
Suspension Systems
• The Contractor shall be authorized or have demonstrated expertise in performing maintenance and repairs on the following suspension systems: Hendrickson, Reyco Granning, Stander, and Tak-4. Documentation of authorization or equivalent experience for each suspension platform shall be submitted with the bid.
Multiplex and Electrical Diagnostics
• The Contractor shall be an authorized service facility for, and possess operational capability to use, the following multiplex diagnostic software platforms: ESKEY, Weldon, and DTD. Proof of authorization
or licensed software access for each platform shall be
submitted with the bid.
REQUIRED IN-HOUSE CAPABILITIES
The Contractor shall possess and maintain the following in -house service capabilities throughout the contract term. These capabilities shall be performed at the Contractor’s facility by qualified on-staff personnel and shall not be routinely subcontracted without prior written approval from the City. Proof of capability shall be demonstrated during any pre- award facility inspection.
Fabrication and Body
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• Welding — MIG and TIG welding on aluminum, steel, and stainless steel. The Contractor shall employ at least one (1) certified welder capable of performing structural and cosmetic weld repairs on fire apparatus components. • Poly Tank Repair — The Contractor shall have the equipment and expertise to perform in-house repair of polyethylene water tanks used on fire apparatus. • Paint and Body Repair — The Contractor shall be capable of performing paint touch-up, body panel repair, and finish work on fire apparatus.
Drivetrain and Diagnostics
• Allison Transmission Diagnostics — The Contractor shall possess Allison DOC (Diagnostic Optimized Connection) software and be capable of performing Allison DOC 2 diagnostic services and minor transmission repairs in-house. • Engine Repair — The Contractor shall be capable of performing diagnostics and repair on Cummins and Detroit Diesel engine platforms, including in-house engine work on the specific engine models used in the City’s fleet.
Electrical and Power Systems
Generator Repair — The Contractor shall be capable of performing in- house diagnostic and repair services on emergency generators, including Onan, Harrison, and Smart Power generator systems used on fire apparatus.
Required Technician Certifications
All technicians assigned to perform work on City of Rialto fire apparatus shall hold the applicable certifications required for their assigned scope of work. At minimum, the Contractor’s workforce shall include technicians certified as follows:
• California Fire Mechanic Academy (CFMA) Certification — At least one (1) CFMA - certified technician shall be on staff and available for City work assignments. CFMA certification is the preferred standard for fire apparatus mechanics in California. • Emergency Vehicle Technician (EVT) Certification — At least one (1) technician holding a current, valid EVT certification issued by the Emergency Vehicle Technician Certification Commission (EVTCC) shall be employed and available for fire apparatus service. Possession of the EVT Fire Apparatus Technician (FAT) designation will be given positive consideration in the bid evaluation. • ASE Medium/Heavy Truck (T-Series) Certification — A minimum of two (2) full-time technicians shall hold current ASE Medium/Heavy Truck certifications. At least one (1) ASE-certified technician shall be on duty during all normal business hours. • NFPA-Trained Technicians and Managers — The Contractor shall demonstrate that technicians and supervisory staff performing fire apparatus maintenance have received training consistent with NFPA standards, including NFPA 1915 and NFPA 1911. Documentation of NFPA-aligned training shall be submitted with the bid.
RFP #27-001
• Certified Welder — The Contractor shall employ at least one (1) certified welder qualified to perform MIG, TIG, aluminum, steel, and stainless-steel welding. Proof of welder certification shall be submitted with the proposal.
Proof of all required certifications shall be submitted with the bid for each qualifying technician, including full name, certification number(s), certifying entity, and expiration date(s). The Contractor shall ensure certifications are renewed prior to expiration and shall submit updated documentation to the City’s Fleet Manager upon each renewal. Lapse of any required certification without immediate remediation shall constitute a breach of contract.
Manufacturer Authorized Service Center Certifications
The Contractor shall hold current, valid authorized service center certification from the following manufacturers and shall maintain all such authorizations in good standing throughout the full term of the contract:
• Spartan — Authorized Service Center
• KME (Kovatch Mobile Equipment) — Authorized Service Center • Cummins — Authorized Service Facility (see also Section 3.2). Verification available at: https://www.cummins.com/en-na/locations
• Meritor — Authorized Repair Facility
The following requirements apply to each manufacturer authorization listed above:
• Proof of current authorization for each manufacturer for vehicles owned or have on order shall be submitted with the bid in the form of a valid authorization letter or certificate issued directly by the manufacturer, dated within twelve (12) months of the bid submission date.
• Manufacturer-authorized technicians shall perform or directly supervise all warranty- related repairs and manufacturer -required service procedures on corresponding apparatus in the City’s fleet.
• The Contractor shall immediately notify the City’s Fleet Manager and Fire Chief in writing if any manufacturer authorization is placed under review, suspended, or revoked. Failure to maintain all required manufacturer authorizations shall constitute a material breach of contract.
• In the event a manufacturer authorization is lost and cannot be reinstated within sixty (60) calendar days, the City reserves the right to terminate the contract or engage a supplemental contractor for affected apparatus at the primary Contractor’s expense.
Technician Qualifications — General
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• All technicians performing work on City apparatus shall be qualified by documented training, experience, and applicable certifications for the specific type of work being performed.
• Technicians performing diesel engine diagnostics and repairs shall have verifiable training and experience with the specific engine platforms in the City’s fleet, including Detroit DD13/DD15/Series 60 and Cummins ISL9/X12/X15/CM2350. • The Contractor shall maintain a current personnel roster identifying each technician by full name, position title, certifications held (with certification numbers and expiration dates), and the manufacturer platforms and systems they are qualified to service. This roster shall be submitted with the bid and updated in writing whenever personnel changes occur.
• The City reserves the right to request removal of any technician from City work assignments if qualifications are found to be insufficient or if conduct issues arise, and the Contractor shall comply within forty-eight (48) hours.
Mandatory Qualifications
• The Contractor shall have been continuously in business for a minimum of five (5) years providing preventive maintenance and repair services for fire apparatus and emergency vehicles.
• The Contractor’s primary service facility shall be located within San Bernardino County. • The Contractor shall be an Authorized Cummins Service Facility at the time of bid submission and throughout the contract term. Verification of authorization is available at: https://www.cummins.com/en-na/locations
• The Contractor shall be an Authorized Meritor Repair Facility at the time of bid submission and throughout the contract term.
• The Contractor shall submit a minimum of three (3) verifiable references from public agencies (municipalities, fire districts, or counties) for whom fire apparatus maintenance services were provided within the past five (5) years. References shall include the agency name, contact name, contact phone and email, contract term, and a description of services provided.
Facility Requirements
• The Contractor’s service facility shall have sufficient bay size and overhead clearance to accommodate full -size fire apparatus, including aerial ladder trucks.
Bay dimensions and overhead clearance shall be stated in the bid response. • The facility shall be equipped with electronic service tools and test equipment required to service the specific makes, models, and engine/drivetrain platforms in the City’s fleet.
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• The Contractor shall permit inspection of the service f acility by the City’s Fleet Manager or designee prior to contract award and at any time during the contract term upon reasonable advance notice.
• The Contractor’s service facility must be located within San Bernardino County or within a fifty (50) mile radius of the City limits to ensure timely response, efficient transportation of apparatus, and minimal disruption to Fire Department operations.
ADDITIONAL REQUIREMENTS
Each bid submitted in response to this RFP shall include all of the following. Incomplete submissions may be deemed non-responsive:
• Itemized pricing for all services, including standard hourly labor rates, after -hours labor rates, roadside/field service rates, and holiday rates. • An itemized list of all services the Contractor is qualified and equipped to perform, including flat-rate pricing or estimated completion time for common jobs (e.g., PM services, safety inspections, A/C service, brake work, etc.). • Copies of all current manufacturer warranty center certifications, including authorized service center documentation for Spartan, KME, Cummins, and Meritor, and authorized repair center documentation for Darley and Waterous pump systems.
• A current personnel roster for all technicians and staff who will perform work on City apparatus, including full name, position, certifications held (with certification numbers and expiration dates), and the certifying entity for each credential. • Proof of CFMA certification for qualifying technician(s). • Proof of current EVT certification for qualifying technician(s), issued by the EVTCC. • Documentation of NFPA-aligned training for technicians and supervisory staff. • Proof of certified welder qualification.
• Proof of Occupational License.
• A written explanation of parts availability, identifying regularly stocked parts and the process for sourcing non-stocked items.
• A sample parts list with pricing.
• A description of the Contractor’s facility, including Rialto address, shop bay dimensions and overhead clearance, and available diagnostic tools and software licenses (including ESKEY, Weldon, DTD, and Allison DOC 2). • A minimum of three (3) verifiable public agency references • Copies of all applicable state and local business licenses and regulatory registrations.
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Preference for Demonstrated Prior Performance
Consistent with the City of Rialto’s interest in operational continuity, apparatus reliability, and protection of the public safety mission of the Fire Department, the City reserves the right to give reasonable preference in the selection process to a contractor that has previously provided fire apparatus maintenance services to the City and has demonstrated a documented record of satisfactory performance, quality workmanship, responsive service, and compliance with contractual obligations.
This preference shall not override the requirement for competitive pricing and shall not be applied in a manner inconsistent with applicable California law governing competitive bidding. The City’s determination of satisfactory prior performance shall be based on documented service records, Fleet Manager evaluations, and verifiable performance data maintained by the City.
The City of Rialto reserves the right to reject any and all bids, to waive irregularities in any bid, and to accept the bid deemed most advantageous to the City in its sole and absolute discretion.
COMPLIANCE AND REGULATORY STANDARDS
The Contractor shall perform all services in full compliance with the following standards and regulations, as applicable:
• NFPA 1915 – Standard for Fire Apparatus Preventive Maintenance Progr am (current edition)
• NFPA 1911 – Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles (current edition)
• All applicable federal, state, and local laws, codes, and regulations • Manufacturer specifications and service requirements for each apparatus in the City’s fleet
The Contractor shall obtain and maintain, at its sole cost and expense, all licenses, permits, and approvals required by law for the performance of services under this agreement.
4. PROPOSAL REQUIREMENTS:
The firm’s proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Timeline: Proposed start and completion dates based on project scope. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Rialto relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man- hours, direct and indirect costs, etc. The City of Rialto will not
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approve addenda to the selected firm’s agreement which do not involve a substantial change from the general scope of work identified in this RFP.
5. SELECTION PROCESS:
This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT PART OF THE EVALUATION CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted.
6. PROPOSAL EVALUATION CRITERIA:
This solicitation has been developed in the “Request for Proposals” (RFP ) format.
Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with Federal, State and local laws for the acquisition of professional services, price is NOT an evaluation criterion. Cost proposals are not considered during proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on.
PRIOR CITY WORK: If your firm has prior experience worki ng with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely by the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects.
An Evaluation Committee, using the following evaluation criteria for this RFP , will evaluate all responsive proposals submitted. The Evaluation Committee may request, if desired by City, formal presentations/interviews from shortlisted firms at a future date of which the format and presentation evaluation criteria shall be provided at the time of short listing. Participation in any phase of this RFP process, including the interview phase if conducted, is at the sole expense of the firms replying to this RFP . The City shall NOT be responsible for any costs incurred by any firm in response to, or participation in, this RFP.
Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria:
A. Understanding of City’s Request for Proposal needs (35 POINTS):
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The firm’s proposal must concisely demonstrate that the firm has a unique understanding of the City’s needs based upon the RFP . Proposals will be evaluated on the following general criteria:
i. Without a verbatim recitation of the information contained within this RFP, convey an understanding of the intent of the RFP and of the City’s expectations upon implementation of the scope of services required under this RFP.
ii. Identify and discuss “key” or “critical” aspects of the potential services delivered as identified in this RF P, based on prior experiences. Identify methodologies for managing delivery of the services , modes of communication, how the work tasks will be controlled, how the work assignments will be tracked and how project status will be reported. iii. Provide a detailed Scope of Work identifying how all of the services will be provided and deliverables completed.
The firm’s proposal must concisely demonstrate an approach that will successfully deliver on the needs identified in the RFP. Proposals should include the following:
1. Understanding of the Project
• A summary showing the understanding of the fire prevention needs described in the RFP.
2. Technical Approach/Methodology
Explain how the firm will perform fire prevention services, such as:
• Fire construction, operational, fire protection and prevention inspections • Plan review for construction, operational, fire protection and prevention • Hazard identification and risk assessments
• Public education and outreach
• Fire prevention program development
• Reporting and documentation processes
3. Scope of Services
A clear breakdown of services the firm will provide, for example:
• Fire construction, operational, fire protection and prevention inspections • Plan review for construction, operational, fire protection and prevention • Permit processing and compliance checks
• Inspects buildings and structures to ensure compliance with applicable codes, ordinances and regulations
• Maintain electronic and paper files and reports regarding inspection and plan check activities
• Community fire safety education programs
4. Work Plan/Implementation Plan
• Step-by-step plan for delivering services
• Schedule or timeline
• Procedures for handling plan check, inspections, reporting, and requests
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5. Staffing and Qualifications
• Key personnel and their roles
• Certifications (Fire Inspector, Fire Marshal, etc.)
• Relevant experience with similar fire prevention programs
6. Communication and Coordination
• How the firm will coordinate with the city
• Reporting methods and meeting schedules
• Point of contact and escalation procedures
7. Quality Assurance/Performance Management
• Methods to ensure compliance with fire codes and standards • Internal review procedures
• Performance metrics and continuous improvement
8. Relevant Experience/Past Projects
• Examples of similar fire prevention service contracts • Client references or case studies
B. Firm’s Qualifications (35 POINTS):
The proposer ’s proposal must demonstrate past experience with services similar to those requested in the RFP. The proposal shall include the following information:
i. List the firm’s complete name, type of firm (individual, partnership, corporation or other), telephone number, contact person and E -mail address. If a corporation, indicate the state the corporation was organized under.
ii. List the name and title of the firm’s principal officers with the authority to bind the company in a contractual agreement.
iii. List the firm’s specific and relevant experience with the requested professional services.
Contact information for at least three (3) previous clients with similar projects. Identify firm capabilities and the services provided by the firm directly and those provided through sub consultants; provide detailed project specific information, including type of work, dates, agency contact information and other appropriate supporting information, etc. iv. Qualifications of key personnel, availability and capacity to complete project, and local knowledge or regional experience.
C. Firm’s Resources (30 POINTS):
The proposer ’s proposal must demonstrate how it has sufficient resources to provide the requested professional services in the time frame required.
i. Describe the proposer’s ability to assign additional resources as demand for services may increase dependent upon the City’s needs. Identify the lead time required to respond to a request for services, to prepare a cost proposal, and/or to implement additional staff resources.
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ii. Provide a thorough organization structure/chart of staff resources that will be used and available to provide the requested services.
E. Local Business Preference (Bonus 5 POINTS):
This solicitation is subject to the provisions of Rialto Municipal Code (RMC) Chapter 2.47 – Local Business Preference. Pursuant to RMC section 2.47.020 a “Qualified Local Business” means a business that: ( 1) has maint ained an office, place of business or distribution point within the city for a period of one year preceding the date upon which a bid is required to be submitted to the city; (2) has secured all licenses and permits necessary to conduct business in the city and has paid all fees and taxes imposed by the city; (3) consents, in writing, to a reduction of its original bid by a percentage determined by the city council and to enter into a contract with the city for the preference bid amount; and (4) meets all other qualifications required to perform the contract for which its bid has been submitted. Pursuant to RMC section
2.47.030 the City may apply a reduction of up to five percent of the amount of the original bid submitted by each qualified local business for any particular project, purchase or service for which the city has solicited bids to achieve a preference bid for each qualified local business .
As this solicitation is for professional services where price is not a factor, implementation of the Local Business Preference required by RMC Chapter 2.47 shall be as a 5- point bonus to the evaluation score. Only those Qualified Local Businesses meeting the criteria in RMC Chapter
2.47 will receive the 5 -point bonus. All other firms will receive zero points. Firms must submit the Local Business Preference Form (see Attachment F).
7. PROPOSAL CONTENTS : Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria state d in Section 6 above. The proposals must be in an 8 ½ X 11 format, may be no more than a total of forty (40), including an organization chart, staff resumes and appendices, and cover letter. (A minimum font size of 10 points must be used). NOTE: Dividers, attachments included in this RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count toward the 40-page limit.
Each proposal must include the Technical Proposal, and the Cost Proposals as outlined below:
The Technical Proposal shall be provided in PDF format. The Work proposal files shall be named beginning with your Firms Name ; then “Technical Proposal” and shall include the following items:
• Technical proposal – describe in detail your approach and understanding of all necessary tasks and steps involved in the project; include a list of deliverables • Related Experience; include relevant experience date, name of agency, and reference name/contact information
Cost Proposals shall be named beginning with your Firm’s Name; then “Cost Proposal”, and shall include the following items:
• Firms are required to provide a fully detailed cost proposal which should include all labor, expenses, and incidentals involved with delivery of the requested services. If an “ on-call” type of service is requested, provide a fully detailed hourly rate schedule with list of reimbursable expenses involved.
RFP #27-001
• Cost proposal s shall be provided as a separate file , which will not be opened until the consultant’s ranking process is complete
Required Forms shall be attached as General Attachments:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed Non-Collusion Affidavit Form (see Attachment B) • Completed Conflict Disclosure Form (see Attachment C ). Note: The Consultant and all Sub-Consultant Firms are required to submit Attachment C. • Completed Debarment and Suspension Certification (see Attachment D ). Note: The Consultant and all Sub-Consultant Firms are required to submit Attachment D. • Completed Non-Discrimination Certification (see Attachment E ). Note: The Consultant and all Sub-Consultant Firms are required to submit Attachment E. • If applicable, a completed Local Business Preference Form (see Attachment F).
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received via the City’s electronic bidding system through PlanetBids at
https://pbsystem.planetbids.com/portal/28159/bo/bo-search
The deadline for receiving proposals is: Wednesday, July 29, 2026, at 4:00 P.M. PST
The receiving time of the PlanetBids system will be the governing time for acceptability of Proposals. Late proposals will not be accepted and will be considered non-responsive.
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employees or associates for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below may be cause for rejection of a proposal.
All questions, technical or otherwise, pertaining to this RF P must be submitted electronically via the Q&A tab of this RFP 27-001 on the PlanetBids website.
Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RF P. The deadline for all questions is July 21, 202 6, at 4:00 P.M . PST Questions received after this date an d time may not be answered. Only questions that have been resolved by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Rialto in accordance with the standard Professional Services Agreement (see Attachment G). Requested changes to the Professional Services Agreement may not b e approved, and the selected firm must ensure that the attached document will be executed.
RFP #27-001
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.
AWARD OF CONTRACT: It is the City’s intent to award a contract to the firm that can provide all services identified in the RF P document. However, the City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted a proposal without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Rialto and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitati on, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RF P in the preparation of their proposal or participation in any presentation if requested, development of any technical proposal if requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with Title 5 of the City of Rialto Municipal Code, entitled “Business Licenses and Regulations”.
PROPOSAL INFORMALITIES OR DEFECTS : The City of Rialto reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to seek new RFPs, as best serves the interests of the City.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RF P to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.
RFP #27-001
SIGNED PROPOSAL AND EXCEPTIONS : Submission of a signed proposal will be interpreted to mean that the firm responding to this RF P has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the requirements contained in the RFP documents will not be accepted . Exceptions to the City’s standard Agreement terms and conditions, including insurance requirements, may be considered in the evaluation process; however, the City makes no guarantee that any such exceptions will be approved. Any exceptions to the standard Agreement must be identified in the submitted Proposal.
RFP #27-001
Attachment “A”
ATTACHMENT “A”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
SIGNATURE AUTHORIZATION
PROPOSER: ___________________________________________________________________________
A. I hereby certify that I have the authority to submit this Proposal to the City of Rialto for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal.
____________________________________
SIGNATURE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company; (registered in ________)
____ A corporation; (incorporated in _______)
2. My tax identification number is: __________________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
The “Small Business Concerns Information” sheet shall be included as part of Attachment “A”.
RFP #27-001
Attachment “A”
Attachment “A” – Small Business Concerns Information
The Proposer shall furnish the following information. Additional sheets may be attached, if necessary.
(1) Name: ________________________________________________________________ (2) Address: ________________________________________________________________ (3) Phone No.: ______________________________Fax No.:___________________________ (4) E-Mail: ________________________________________________________________ (5) Type of Firm: (Check all that apply)
______ Individual ______ Partnership ______ Corporation ______ Minority Business Enterprise (MBE) ______ Women Business Enterprise (WBE) ______ Small Disadvantaged Business (SDB) ______ Veteran Owned Business ______ Disabled Veteran Owned Business ______ Other (6) Business License: _____Yes _____No License Number: ___________________________ (7) Tax Identification Number: _____________________________________________________ (8) Names and Titles of corporate members of the firm:
____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ (9) Three (3) projects of this type recently completed:
Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________ Type of project: ________________________________________________________________ Contract Amount: _________________________ Date Completed: _______________________ Owner: _________________________________ Phone: _______________________________
RFP #27-001
Attachment “B”
ATTACHMENT “B”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
NON-COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is the following person authorized to submit the attached proposal from the following firm (herein the “Proposer”):
Further, that the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any ot her member or agent thereof to effectuate a collusive or sham Proposal.
By:
Signature
Title:
Subscribed and sworn to before this ____ day of ___________________, 20__.
RFP #27-001
Attachment “C”
ATTACHMENT “C”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
CONFLICT DISCLOSURE FORM
RFP #27-001
Attachment “C”
ATTACHMENT “C”
CONFLICT DISCLOSURE FORM
RFP #27-001
Attachment “C”
ATTACHMENT “C”
CONFLICT DISCLOSURE FORM
RFP #27-001
Attachment “D”
ATTACHMENT “D”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
DEBARMENT AND SUSPENSION CERTIFICATION
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award but will be considered in determining Proposer responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
Consultant Name:
(Date) (Signature)
(Name & Title)
RFP #27-001
Attachment “E”
ATTACHMENT “E”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
NON-DISCRIMINATION CERTIFICATION
In connection with its performance under this Agreement, the Consultant hereby certifies that it shall not discriminate in its employment with regard to age, handicap, race, color, religion, gender, gender identity, sex, sexual orientation, or national origin; that it is in compliance with all federal, state, local directives, and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
Consultant Name:
(Date) (Signature)
(Name & Title)
Attached herewith is a copy of the Consultant’s currently adopted equal opportunity employment program.
RFP #27-001
Attachment “F”
ATTACHMENT “F”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE PROGRAM
LOCAL BUSINESS PREFERENCE FORM
I certify that the following business I represent is submitting a proposal as a “Qualified Local Business” in accordance with Chapter 2.47 of the Rialto Municipal Code and satisfies the following criteria:
(1) It has maintained an office, place of business or distribution point within the city for a period of one year preceding the date upon which the proposal submitted herewith is required to be submitted to the city.
(2) It has secured all licenses and permits necessary to conduct business in the city and it has paid all fees and taxes imposed by the city.
(3) It meets all other qualifications required to perform the contract for which its bid has been submitted.
I hereby request a 5 -point bonus to the evaluation score in accordance with the RFP Documents. I make this certification with the full knowledge that I personally, and the following business I represent, may be subject to penalties and remedies pursuant to Section 2.47.070 of the Rialto Muni cipal Code for misrepresentation as a Qualified Local Business, including, but not limited to, a restriction from submitting any future proposal and award of a contract for a period of three (3) years.
Company Name:
Address:
Type of Products or Services:
Business License Number:
Phone Number:
Owner’s Name:
Total number of employees ___ Total number of employees that reside in the City ___ Attached herewith is a copy of our City of Rialto Business License.
_________________________________ ____________________________ Signature Printed Name / Title
RFP #27-001
Attachment “G”
ATTACHMENT “G”
REQUEST FOR PROPOSAL #27-001
FIRE APPARATUS PREVENTION MAINTENANCE
PROGRAM
AGREEMENT FOR MAINTENANCE / REPAIR / MINOR
CONSTRUCTION SERVICES
BETWEEN
THE CITY OF RIALTO, CALIFORNIA
AND
__________________________________
This Agreement for Maintenance / Repair / Minor Construction Services (“Agreement”) is entered into as of __________, 20__ (“Effective Date”) between the City of Rialto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 150 S. Palm Avenue, Rialto, California 92376 (“ City”) and _________________, a ___________ (SPECIFY LEGAL CAPACITY OF PERSON OR ENTITY, and STATE OF FORMATION IF AN ENTITY, e.g. an individual, DBA, a California limited liability company, a Delaware corporation, etc.), with its principal place of business at _____________________ [insert address] (“Contractor”) (collectively the “ Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
RECITALS
A. City has sought contractors for the performance of the services defined and described particularly in Section 1 of this Agreement.
B. Contractor was selected by the City to perform those services as needed and requested by the City.
C. The Parties desire to formalize the selection of Contractor for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SCOPE OF SERVICES
Term. The term of this Agreement is [___ years/months] commencing on the Effective Date (“ Term”) unless earlier terminated in accordance with the provisions of Section 8 [Default and Termination]. [**INSERT THE FOLLOWING SENTENCE FOR MULT-YEAR, AUTOMATIC RENEWAL; OTHERWISE ALWAYS DELETE; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [insert number] additional one-year terms.***],
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Attachment “G”
Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services related to [INSERT SHORT SCOPE] as specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
Extra Work . Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non- conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non- conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services.
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Attachment “G”
Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non- conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”).
Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.
COMPENSATION AND METHOD OF PAYMENT
Compensation. City shall pay to Contractor for non- disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed [INSERT DOLLAR AMOUNT AND CENTS ($XXX.XX)] , the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].
Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will
RFP #27-001
Attachment “G”
review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contr actor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
RESPONSIBILITIES OF CONTRACTOR
Control and Payment of Subordinates; Independent Contractor . Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in w riting by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services.
Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legall y required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
Required Corrections . Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
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Attachment “G”
Law and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. [ DELETE IF NO FEDERAL FUNDS ARE USED. In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Contractor must also comply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit G (“Federal Contract Terms, Conditions, and Regulations”).]
Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
Labor Code and Prevailing Wage Requirements.
Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement, or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
Prevailing Wage Laws . [ SELECT ONE AND DELETE THE OTHER ] Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq ., (“ Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and any location where the Services are performed. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
RFP #27-001
Attachment “G”
Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
[OR] Contractor is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Contractor that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction” includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. Contractor shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
3.8 Conduct and Removal of Contractor Personnel. Contractor shall at all times enforce strict discipline and good order among its employees, agents, volunteers, officers and directors. Any such person who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the services, or who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services to be performed by the Contractor and shall not be re-employed on the Services.
INDEMNIFICATION
Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, volunteers and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which
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Attachment “G”
arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, volunteers or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents, volunteers and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, volunteers and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees, volunteers or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall s urvive the expiration or early termination of the Agreement.
Action. For purposes of this Agreement, “ Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non- binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
Costs and Expenses. For purposes of this Agreement, “ Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, wit ness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq .; the Clean Ai r Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the
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Attachment “G”
Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq .; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
RECORDS AND DOCUMENTS
Accounting Records.
Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under t his Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.
Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
Ownership of Documents and Materials; Exceptions; Warranty. All specifications, original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents or materials (the “documents and materials”) prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reus ed or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such documents and materials. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event
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Attachment “G”
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Contractor warrants that all documents and materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Contractor understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting documents and materials generated by such AI tools to City and representing it as Contractor’s original work constitutes a material br each of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law.
Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such documents and materials.
Contractor is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
INSURANCE
Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum am ount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.
Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensur ing that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
BONDS
Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of
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Attachment “G”
this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Proced ure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
DEFAULT AND TERMINATION
Termination by City . In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but the timeframe may be shortened if the default results in a safety issue or imminent threat to City employees or the public.
During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated
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Attachment “G”
only for those non- disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City t imely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
GENERAL PROVISIONS
Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidat ed damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor . Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
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Attachment “G”
Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in San Bernardino, California.
Integration. This Agreement, including the attached Exhibits “A” through “ F” or “G”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Prohibited Interests . Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Rialto Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
Delivery Of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class
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Attachment “G”
postage prepaid and addressed to the party at its applicable address or when sent if given by email. Any notice, request, demand, direction, or other communication sent by email must be confirmed within forty -eight (48) hours by letter mailed or delivered.
Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder. Notwithstanding the foregoing, if a party actually receives notice by any method, such actual receipt shall be deemed effective notic e as of the date of receipt, even if not sent in the manner prescribed.
Binding Effect . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in additio n to any other relief to which it may be entitled.
Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Authority To Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with the City Manager’s contracting authority under the Rialto Municipal Code.
9.20 Data Protection.
a) Contractor shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer- provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Contractor shall notify City in writing as soon as
RFP #27-001
Attachment “G”
reasonably feasible, and in any event within twenty-four (24) hours, of Contractor’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Contractor shall begin remediation immediately.
Contractor shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Contractor until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Contractor shall cooperate fully with City, its agents and law enforcement.
b) If City is subject to liability for any Data Breach or Security Incident, then Contractor shall fully indemnify and hold harmless City and defend against any resulting actions.
9.21 Confidentiality. Contractor shall not use City’s name or insignia, photographs, or any publicity pertaining to the services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
9.22 SAM.gov Check. [USE ONLY WHEN FEDERAL FUNDS ARE
INVOLVED; OTHERWISE DELETE].
This Agreement is governed by 2 CFR 200 Appendix II (H) of the Contract Provisions for Non- Federal Contracts Under Federal Awards: “Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp. , p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9.23 Live Scan; Access to City Facilities. [USE ONLY WHEN CITY
REQUIRES THAT CONTRACTOR UNDERGO A LIVE SCAN CHECK AND
EMPLOYEES OF CONTRACTOR NEED A BADGE TO ACCESS CITY FACILITIES; OTHERWISE DELETE].
Contractor acknowledges that the performance of certain services under this Agreement requires access to secure or restricted City facilities. Contractor must submit to and pass, as determined by City, a Live Scan check. Accordingly, City shall grant access privileges to City facilities solely to those Contractor employees who have been identified in writing by Contractor and pre- approved in writing by the City (“Designated Personnel”). City facilities to be accessed by Designated Personnel must
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Attachment “G”
be specifically identified by Contractor in writing prior to access. Designated Personnel will be issued access badges/cards which may be revoked by City at any time in the City Manager’s discretion. Contractor shall maintain the same Designated Personnel for the duration of the Agreement, and such Designated Personnel shall not be substituted, reassigned, or removed without the prior written consent of the City, which may be withheld in the City’s sole discretion. In the event that substitution becomes necessary due to circumstance beyond the Contractor’s control (e.g., illness, resignation), Contractor shall promptly notify the City and propose a qualified replacement. The City reserves the right to approve or reject any proposed replacement personnel.
Failure to maintain consistent assignment of Designated Personnel approved for access to City facilities may be deemed a material breach of this Agreement.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIALTO COMPANY NAME
________________________________ ______________________________ Tanya Willams, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Barbara McGee, City Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Contractor shall provide ( SPECIFY SCOPE OF SERVICES INCL UDING RELATED CAPITAL PROJECT INFORMATION IF AVAILABL E – THIS INFORMATION
SHOULD BE IDENTICAL TO THE SCOPE OF SERVICES PROVIDED BY THE CITY IN THE RFP DOCUMENT). Specifically, Contractor shall provide those services as outlined in its proposal dated ( SPECIFY DATE OF CONTRACTOR’S PROPOSAL ), included on the following pages.
B-1
EXHIBIT “B”
“COST PROPOSAL”
C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof / OR enter date.
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Rialto
[Type in Name of Department]
Attn: [Type in Name of Representative]
150 S. Palm Avenue
Rialto, CA 92376
Phone: 909-820-2525
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
[Type in Information for Contractor]
EXHIBIT “E”
BONDS REQUIRED
[Type in or attach any Performance or Payment Bond requirements.
If no bonds required, type in “No Bonds Required”]
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF RIALTO
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Rialto and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non - renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A -” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California.
City will accept insurance provided by non- admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million doll ars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). [ NOTE: IF CONTRACTOR DOES NOT OWN ANY COMPANY VEHICLES
OR MAY NOT BE ABLE TO PURCHASE A BUSINESS AUTOMOBILE INSURANCE POLICY, THE REQUIREMENT MAY BE SATISFIED BY PROVIDING EITHER OF THE FOLLOWING: (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; or (2) a non- owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others e.g., vehicles of employees). DELETE THIS SECTION IF NOT USED]
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents, volunteers and
representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim. If Contractor has no employees or agents, Contractor shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Contractor hires employees or agents during the Term of this Agreement, Contractor shall obtain and maintain Workers’ Compensation Insurance in accordance with this section.
X POLLUTION LIABILITY INSURANCE [OPTIONAL: INCLUDE THE FOLLOWING PROVISION IF THERE IS A POLLUTION LIABILITY EXPOSURE; OTHERWISE, ALWAYS DELETE] [**NOTE: CITY TO DETERMINE WHETHER COVERAGE LIMIT IS SUFFICIENT ON A CASE BY CASE BASIS. IF IN DOUBT, CONSULT WITH A RISK MANAGEMENT OR INSURANCE ADVISOR***] Pollution liability insurance covering all of the Contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs in the amount of no less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provis ions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
[OPTIONAL – DELETE IF NO FEDERAL MONEY IS BEING USED]
EXHIBIT “G”
FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit F, this Agreement may be referred to as the “contract,” and Contractor may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local codes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor must comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:
1. Equal Employment Opportunity . Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 –1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 1 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 41 CFR 60–1.4(b) provides:
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contra ctor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this section, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided,
that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.
The applicant agrees that it wi ll assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or r efund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis–Bacon Act, as amended (40 U.S.C. 3141–3148) . When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis –Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor r egulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non– Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti –Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.
3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708) . Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard Work week of 40 hours. Work in excess of the standard Work week is permissible provided that the Worker is compensated at
a rate of not less than one and a half times the basic rate of pay for all hours Worked in excess of 40 hours in the Work week. The requirements of 40 U.S.C. 3704 are applicable to construction Work and provide that no laborer or mechanic must be required to Work in surroundings or under Working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
4. Rights to Inventions Made Under a Contract or Agreement . If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research Work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
5. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended . Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non– Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Debarment and Suspension (Executive Orders 12549 and 12689) . A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 135. Each tier must also disclos e any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non–Federal award.
8. 2 CFR § 200.322 Procurement of Recovered Materials . .A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000
or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
9. Certification for Contracts, Grants, Loans, and Cooperative Agreements . The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:
In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriate d funds have been paid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.
11. Drug-Free Workplace (2 CFR §182 and §1401) . The Department of the Interior regulations at 2 CFR 1401—Government-wide Requirements for Drug -Free Workplace (Financial Assistance), which adopt the portion of the Drug- Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby
incorporated by reference and made a part of this Contract. By entering into this Contract, the Contractor agrees to comply with 2 CFR 182.
12. Copeland Anti -Kickback Act (18 U.S.C. 874) . Contractor agrees to comply with the Copeland Anti - Kickback Act as supplemented by Department of Labor regulations (29 CFR part 5).