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5 6
Solicitation 017-C023940-JM
COST RECOVERY AND REDUCTION SERVICES
Bid Designation: Public
County of Orange
County of Orange Bid 017-C023940-JM
4/4/2019 10:18 PM p. 1
5 6
Bid 017-C023940-JM
COST RECOVERY AND REDUCTION SERVICES
Bid Number 017 -C023940 -JM
Bid Title COST RECOVERY AND REDUCTION SERVICES
Bid Start Date Apr 4, 2019 7:34:03 PM PDT
Bid End Date Apr 25, 2019 2:00:00 PM PDT
Question & Answer
End Date Apr 12, 2019 2:00:00 PM PDT
Bid Contact Jeff M Miller
Supvg. Procurement Contract Specialist
714 -796-8329
[email protected]
Bid Contact Sapreena L Leoso
AMI
714 -567-7363
[email protected]
Standard Disclaimer The County of Orange is not responsible for and accepts no liability for any technical difficulties or failures that result from conducting business electronically.
Description
COUNTY EXECUTIVE OFFICE (CEO) IS SOLICITING PROPOSALS FROM RESPONDENT(S) INTERESTED IN ENTERING INTO A FIVE-YEAR CONTRACT FOR THE PROVISION OF COST RECOVERY AND REDUCTION SERVICES.
ALL QUESTIONS PERTAINING TO THIS REQUEST FOR PROPOSALS (RFP) MUST BE ADDRESSED VIA THE COUNTY’S ONLINE BID SYSTEM AT HTTP://WWW.BIDSYNC.COM .
ANY COUNTY RESPONSE RELEVANT TO THIS RFP OTHER THAN THROUGH OR APPROVED BY CEO/COUNTY PROCUREMENT OFFICE IS UNAUTHORIZED AND WILL BE CONSIDERED INVALID.
**RESPONDENTS ARE ADVISED TO CAREFULLY READ THE MODEL CONTRACT (TERMS AND CONDITIONS AS WELL AS THE ATTACHMENTS), ESPECIALLY THE INSURANCE PROVISIONS, PRIOR TO SUBMITTING A PROPOSAL. AWARDED RESPONDENT MUST PROVIDE ALL INSURANCE REQUIREMENTS WITHIN SEVEN (7) DAYS OF RECOMMENDATION OF AWARD BUT PRIOR TO OFFICIAL CONTRACT AWARD.
**CONTRACTOR WILL BE REQUIRED TO SIGN A CONTRACT UPON AWARD. IF CONTRACTOR IS A CORPORATION, SIGNATURE WILL BE PROVIDED IN ACCORDANCE WITH THE CORPORATIONS CODE AS SPECIFIED IN THE RFP.
IMPORTANT DATES
APRIL 12, 2019 - QUESTIONS DUE BY 2:00 P.M.
APRIL 25, 2019 - PROPOSALS DUE BY 2:00 P.M.
RESPONDENT MUST MEET THE FOLLOWING MINIMUM REQUIREMENTS:
A MINIMUM OF THREE (3) YEARS OF EXPERIENCE PROVIDING COST RECOVERY AND REDUCTION SERVICES, INCLUDING EXPERIENCE PROVIDING THESE SERVICES FOR PUBLIC AGENCIES. County of Orange Bid 017-C023940-JM 4/4/2019 10:18 PM p. 2
COUNTY EXECUTIVE OFFICE
COUNTY PROCUREMENT OFFICE
REQUEST FOR PROPOSALS
(RFP)
COST RECOVERY AND REDUCTION SERVICES
RFP NO. 017-C023940-JM
County of Orange Bid 017-C023940-JM
4/4/2019 10:18 PM p. 3
County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Cover Page
C023940 Page 2 of 42
REQUEST FOR PROPOSALS
DATE: April 4, 2019
COVER PAGE
REQUEST FOR PROPOSALS (“RFP”)
The County of Orange, County Executive Office/County Procurement Office, (hereinafter referred to collectively as “County”), is soliciting proposals from qualified firms (hereinafter referred to as “Respondents”) to provide Cost Recovery and Reduction Services. The awarded contract (hereinafter referred to as “Contract”) will be a usage contract between the County and the selected Respondent(s) (hereinafter referred to as “Contractor” or “Contractors”) to provide Cost Recovery and Reduction Services, in accordance with the terms and conditions set forth in the Model Contract, including Attachments, provided herein as Section III.
This Request for Proposals is set out in the following format:
SECTION I. Introduction and Instructions to Respondents SECTION II. Proposal Response Requirements
SECTION III. Model Contract
ALL QUESTIONS/REQUESTS FOR INTERPRETATION ARE DUE: APRIL 12, 2019, 2:00 P.M. PACIFIC TIME All questions and inquiries related to this RFP must be directed to: Jeff Miller, County Deputy Purchasing Agent (hereinafter referred to as “DPA”), County Procurement Office, via the County’s on-line bid system at:
https://www.bidsync.com under the bid page for this solicitation. For BidSync assistance, please contact BidSync Vendor Support Team at 800-990-9339 Option 1.
Respondents are not to contact other County personnel with any questions or clarifications concerning this RFP. The County Procurement Office will provide all official communication concerning this RFP. Any County response relevant to this RFP other than through or approved by the County Procurement Office is unauthorized and will be considered invalid.
I HAVE READ, UNDERSTOOD, AND AGREE TO ALL STATEMENTS IN THIS REQUEST FOR PROPOSAL AND TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED HEREIN.
Respondent/Company Legal Name (as it appears on W-9) FED ID Number Postal Address
Authorized Signature* Title Date
Authorized Signature* Title Date
*If the Respondent is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. If Respondent’s officer holds dual title, Respondent must sign this instrument twice; each time indicating his or her office title, that qualifies under the above-described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.
RETURN THIS SHEET WITH YOUR RESPONSE
INSTRUCTIONS:
1. SUBMIT ONE (1) ORIGINAL AND FIVE (5)
HARD COPIES OF YOUR PROPOSAL AND ONE
(1) COPY ON A USB/THUMB DRIVE.
2. RETURN THIS PAGE, SIGNED, WITH
PROPOSAL.
3. ALL PROPOSALS ARE TO BE IDENTIFIED WITH
RFP#, AND RETURNED IN A SEALED
ENVELOPE OR PACKAGE.
4. FOR FURTHER INFORMATION, CONTACT:
Jeff Miller, DPA
[email protected]
PROPOSALS MUST BE
RECEIVED AT OR PRIOR
TO
2:00 P.M. PACIFIC
TIME ON
APRIL 25, 2019
RFP #: 017-C023940-JM
COUNTY OF ORANGE
CEO/COUNTY PROCUREMENT OFFICE
1300 S. GRAND AVE
SANTA ANA, CA 92705
County of Orange Bid 017-C023940-JM
4/4/2019 10:18 PM p. 4
County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Table of Contents
C023940 Page 3 of 42
TABLE OF CONTENTS
Page No.
COVER PAGE .........................................................................................................................................................2 TABLE OF CONTENTS.........................................................................................................................................3 SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS I. Introduction ...................................................................................................................................................5 II. Proposed Time Schedule ...............................................................................................................................5 III. Instructions to Respondent(s) and Procedures for Submittal .................................................................... 5-7 IV. Protest Procedures – Instructions .............................................................................................................. 7-8 V. Evaluation Process and Criteria................................................................................................................. 8-9 VI. Selection/Award Procedures ........................................................................................................................9 VII. Orange County Child Support and W-9 Requirements........................................................................... 9-10 SECTION II: RESPONSE REQUIREMENTS
Part 1
I. Cover Page/Executive Summary.................................................................................................................13 II. Validity of Proposal .....................................................................................................................................13 III. Certification of Understanding....................................................................................................................13 IV. Minimum Qualifications/Requirements Statement .....................................................................................14 V. Certificate of Insurance ...............................................................................................................................14 VI. Child Support Enforcement and W-9 Requirements...................................................................................14 VII. Conflict of Interest.......................................................................................................................................14 VIII. Litigation .....................................................................................................................................................15 IX. Name/Ownership Changes..........................................................................................................................15 X. Statement of Compliance ............................................................................................................................16 Part 2
Company Profile.......................................................................................................................................................17 Part 3
Respondent’s Proposal........................................................................................................................................ 18-20 SECTION III: MODEL CONTRACT
Model Contract................................................................................................................................................... 22-40 Attachment A - Scope of Work.......................................................................................................................... 35-37 Attachment B - Contractor’s Rates/Compensation ............................................................................................ 38-39 Attachment C - Staffing Plan ...................................................................................................................................40
EXHIBITS
Exhibit 1 - Orange County Child Support Enforcement Certification Requirements........................................ 41-42 County of Orange Bid 017-C023940-JM
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SECTION I
INTRODUCTION
AND
INSTRUCTIONS TO RESPONDENTS
County of Orange Bid 017-C023940-JM
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section I - Introduction & Instructions to Respondents C023940 Page 5 of 42
SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS I. INTRODUCTION
County is soliciting proposals from qualified Respondents, for Cost Recovery and Reduction Services.
County intends that the successful Respondent shall provide Cost Recovery and Reduction Services proposed in accordance with the terms and conditions set forth in Section III – Model Contract, including Attachments. Refer to Section III, Attachment A of this RFP for an expanded description of the Scope of Work.
II. PROPOSED TIME SCHEDULE
April 4, 2019 Release of Request for Proposal
April 12, 2019 Written questions from Respondents Due by 2:00 P.M. Pacific Time April 25, 2019 RFP Closing Date and Time - 2:00 P.M. Pacific Time TBD Recommendation of Award
III. INSTRUCTIONS TO RESPONDENT(S) AND PROCEDURES FOR SUBMITTAL
1. Clearly identified Proposals are due on, or prior to, the date and time specified above and on Cover Page, and are to be addressed in a sealed package to:
Re: RFP No. 017-C023940-JM: Cost Recovery and Reduction Services Attn: Jeff Miller, DPA
County of Orange, County Executive Office/County Procurement Office 1300 S. Grand Avenue
Building A, 2nd Floor
Santa Ana, CA 92705
County Executive Office/County Procurement Office regular business hours:
Monday through Friday
8:00 A.M. to 12:00 P.M. and
1:00 P.M. to 5:00 P.M.
Facsimile and e-mail proposals will NOT be allowed. Proposals must be time-stamped on the outside of the sealed package by the County Executive Office/County Procurement Office. It is the sole responsibility of the Respondent to ensure that delivery is made to the County Executive Office/County Procurement Office at the above address by the due date and closing time specified.
Late proposals or proposals delivered to any other location will not be accepted. Delivery receipts are available upon request.
2. County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a proposal.
If any person contemplating submitting a response to this Request for Proposals is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or County of Orange Bid 017-C023940-JM
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section I - Introduction & Instructions to Respondents C023940 Page 6 of 42
omissions from the specifications, they must submit a written request for clarification/interpretation to the DPA via the County’s on-line bid system at: https://www.bidsync.com under the bid page for this solicitation.
If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s on-line bid system at:
https://www.bidsync.com. Any interpretation of, or correction to, this solicitation shall be issued by the County DPA. However, County does not guarantee receipt by Respondent of all addenda. It is the responsibility of each Respondent to periodically check County’s on-line bid system to ensure that they have received and reviewed any and all addenda to this solicitation. County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. If an addendum is issued, an appropriately signed copy will be included with proposal response.
All questions or requests for interpretation must be received by the date and time specified on Cover Page (page 2).
Proposals must be valid for a period of at least three hundred sixty five (365) calendar days from the proposal due date. No proposal may be withdrawn after the submission date.
3. Each Respondent must provide: One (1) signed original, five (5) copies, and additionally, one (1) electronic copy in MS Word on a Flash Drive of their proposal. The original signature copy is to be clearly marked as “ORIGINAL” on the outside cover and contain original ink signatures.
All proposals shall be submitted on standard 8.5 x 11-inch paper. All pages must be numbered and identified sequentially by section. Proposals must be tabbed and indexed in accordance with the information requested in Section II, Response Requirements. It is imperative that all Respondents responding to this RFP comply, exactly and completely, with the instructions set forth herein. All responses to this RFP shall be typewritten or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response, if the material is included in the same section as additional information.
Proposals are NOT to be marked as confidential or proprietary. County may refuse to consider any proposal so marked. Proposals submitted in response to this RFP may become subject to public disclosure per the California Public Records Act, Government Code Section 6250 et seq. County shall not be liable in any way for disclosure of any such records. Additionally, all proposals shall become the property of the County. County reserves the right to make use of any information or ideas in the proposals submitted.
4. By submitting a proposal, the Respondent represents that it has thoroughly examined the County’s requirements and are familiar with the services required under this RFP and that it is qualified and capable of providing the services to achieve the County’s objectives.
5. Each Respondent must submit its proposal in strict accordance with all requirements of this RFP and compliance must be stated in the proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the County’s consideration as specified in Section II; Part 1; “X. Statement of Compliance.”
6. County reserves the right to negotiate modifications with any Respondent as necessary to serve the best interests of the County. Any proposal may be rejected if it is conditional, incomplete or deviates County of Orange Bid 017-C023940-JM
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section I - Introduction & Instructions to Respondents C023940 Page 7 of 42
from specifications in this RFP. County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the proposal. Any waiver will not excuse a Respondent from full compliance.
7. Pre-contractual expenses are not to be included in the Respondent’s pricing (Attachment B). County shall not be liable for any expenses incurred by Respondent in the preparation or submission of their proposal. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing its proposal in response to this RFP; b) submitting that proposal to the County; c) negotiating with the County any matter related to the Respondent’s proposal; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.
8. Where two or more Respondents desire to submit a single proposal in response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. County intends to contract with a single firm that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.
9. County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.
10. DUNS ® No: The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your proposal response.
IV. PROTEST PROCEDURES – INSTRUCTIONS
In the event a Respondent alleges a grievance by the solicitation or award of Contract, the Respondent may submit a written protest to the DPA.
A. Procedure
All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
i. The name, address and telephone number of the protestor; ii. The signature of the protestor or the protestor’s representative; iii. The solicitation or contract number;
iv. A detailed statement of the legal and/or factual grounds for the protest; and, v. The form of relief requested.
B. Protest of Bid/Proposal Specifications
All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the closing date for proposals. Protests received after the five (5) business-day deadline will not be considered by the County.
In the event the protest of specifications is denied and the protestor wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid/proposal submittal procedures provided in the bid/proposal.
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C. Protest of Award of Contract
In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.
D. Protest Process
i. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA, the County Purchasing Agent or the Procurement Appeals Board renders a decision on the protest.
ii. Upon receipt of a timely protest, the Deputy Purchasing Agent will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.
iii. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protestor’s right to the protest procedures outlined herein. iv. If the protestor disagrees with the decision of the Deputy Purchasing Agent, the protestor may submit a written appeal to the Office of the Director requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.
E. Appeal Process
i. If the protestor wishes to appeal the decision of the Deputy Purchasing Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Purchasing Agent’s decision, a written appeal to the Office of the County Procurement Officer. ii. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision.
iii. The decision of the County Procurement Officer will be final and there shall be no right to any administrative appeals of this decision.
V. EVALUATION PROCESS AND CRITERIA
Proposals shall be evaluated by an evaluation committee on the basis of the responsiveness to the questions and requirements in this RFP. Proposals will be competitively evaluated on the basis of the following criteria listed in a random order of importance:
• Qualifications and Related Experience
• Proposed Staffing and Key Personnel
• Work Plan
• Cost Proposal
• Organization/Completeness of Response & Degree of Compliance with Model Contract Proposals deemed to meet all minimum RFP requirements will be scored based on established criteria, which have been weighted and will be assigned points that measure the responsiveness to each identified criterion. The total number of points earned will be tallied for each proposal, and the proposals will be rank-ordered, based upon the Respondent(s) submitted written materials.
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section I - Introduction & Instructions to Respondents C023940 Page 9 of 42
County reserves the right to conduct, or not to conduct, in-person clarification interviews and/or presentations with the highest-rated Respondent(s). The decision whether to conduct clarification interviews/presentations rests solely with County and the decision of the DPA is final. Respondent shall be ready to attend clarification interview/presentation within three (3) calendar days of notification. The County reserves the right to interview additional Respondents. Any inquiry to determine the responsibility of a Respondent to this RFP may be conducted. Respondent agrees that the submission of a proposal is permission by Respondent for County to verify all information contained therein. If County believes it necessary, additional information may be requested from Respondent. Failure to comply with any such request may disqualify a Respondent from further consideration.
VI. SELECTION/AWARD PROCEDURES
Upon completion of the evaluation process, the Evaluation Panel will make a recommendation for award to the County DPA. Final award determination shall be subject to reference checks and past performance and may require Board of Supervisors’ approval.
The Model Contract contained in Section III of this solicitation is the contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this solicitation, including special conditions and requirements and those added by addendum and necessary attachments to reflect the Respondent’s proposal and qualifications.
Negotiations may or may not be conducted with the Respondents; therefore, proposals submitted should contain Respondent's most favorable terms and conditions, since the selection and award may be made without further discussion. Any exceptions to the terms and conditions of the proposed Model Contract regarding Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in Section II; Part 1; “X. Statement of Compliance.” If County is unable to negotiate a Contract in a timely manner or satisfactorily, the County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the next Respondent.
County reserves the right to: a) negotiate the final Contract with any Respondent(s); b) withdraw this RFP in whole or in part at any time without prior notice (County makes no representations that any Contract will be awarded to any Respondent responding to this RFP); c) award its total requirements to one Respondent or to apportion those requirements among two or more Respondents; and/or d) reject any proposal as non-responsive, if it is conditional, incomplete or deviates significantly from the services requested in this RFP.
VII. ORANGE COUNTY CHILD SUPPORT AND W-9 REQUIREMENTS
A. ORANGE COUNTY CHILD SUPPORT
In order to comply with the child support enforcement requirements of the County, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected contractor agrees to furnish to the contract administrator, the Purchasing Agent, or the agency/department deputy purchasing agent:
1. In the case of an individual contractor, his/her name, date of birth, Social Security number, and residence address;
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2. In the case of a contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity;
3. A certification that the contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
4. A certification that the contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply.
Failure of the contractor to timely submit the data and/or certifications required may result in the Contract being awarded to another contractor. In the event a Contract has been issued, failure of the contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the Contract. Failure to cure such breach within sixty (60) calendar days of notice from the County shall constitute grounds for termination of the Contract.
(At time of recommended Contract award and upon County request, Contractor shall utilize the forms provided in Exhibit 1 of this solicitation to satisfy this requirement.) B. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM W-9 REQUIREMENT Effective June 3, 2006, all Contractors, entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors.
The County will inform the Contractor, at the time of award, if the Form W-9 or W-8, will be required.
In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected contractor agrees to furnish to the contract administrator, the Purchasing Agent, or the agency/department deputy purchasing agent the required W-9 or W-8. A 587/590 Form may be required for out of State Respondents.
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SECTION II
RESPONSE REQUIREMENTS
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SECTION II: RESPONSE REQUIREMENTS
Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. County reserves the right to make ANY inquiry into the responsibility of Respondent. Proposals are not limited in size.
Proposals must include three (3) tabbed sections, Part 1, Part 2, and Part 3 and must be indexed in the order outlined below within this section. List questions and your responses and/or attachments as numbered and listed within each section below.
Minimum Qualifications/Requirements:
The following are the minimum qualifications for a Respondent to be considered as an eligible Respondent to submit a response for the requested services described in this RFP. • A minimum of three (3) years of experience providing Cost Recovery and Reduction Services, including experience providing these services for public agencies.
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Part 1:
(Complete this section and submit as Part 1 in the first tabbed section of Proposal.) I. Cover Page/Executive Summary
All Proposals must be accompanied by a cover letter of introduction and executive summary of the Proposal. The cover letter must be signed by person(s) with authority to bind the Respondent. If the Respondent is a corporation, then two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation. An unsigned or improperly signed Proposal submission is grounds for rejection of the proposal and disqualification from further participation in this RFP process. All Proposals shall include in this first tabbed section, the Cover Page of this RFP and any subsequent addenda issued to this RFP with appropriate signatures as required.
II. Validity of Proposal
County requires that all Proposals be valid for at least three hundred sixty five (365) calendar days from the Proposal due date. Submissions not valid for at least three hundred sixty five (365) calendar days from the Proposal due date will be considered non-responsive. The Respondent shall state the length of time for which the submitted Proposal shall remain valid below.
Respondent hereby certifies that Respondent’s Proposal is valid for three hundred sixty-five (365) days from the RFP Closing Date.
Validity of Proposal (in days) Signature required
III. Certification of Understanding
County assumes no responsibility for any understanding or representation made by any of its officers, employees or agents during or prior to the execution of any Contract resulting from this solicitation unless:
A. Such understanding or representations are expressly stated in the Contract; and, B. The Contract expressly provides that the County therefore assumes the responsibility.
Representations made but not expressly stated and for which liability is not expressly assumed by the County in the Contract shall be deemed only for the information of the Respondent.
By signing below, Respondent certifies that such understanding has been considered in this response. (Signature required)
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IV. Minimum Qualifications/Requirements Statement
Respondent hereby certifies that it meets all minimum qualifications and requirements set forth above in Section II (page 12) by signing below.
(Signature required)
V. Certificate of Insurance
Respondent hereby certifies Respondent’s willingness and ability to provide the required insurance coverage and certificates as set forth in Section III, Model Contract by signing below (see Model Contract, Article O. Insurance).
(Signature required)
VI. Child Support Enforcement and Form W-9 Requirements Respondent certifies its willingness and ability to provide the required Orange County Child Support Enforcement and Form W-9 Requirements as indicated in Section I by signing below (see Exhibit 1, but do NOT submit at this time).
(Signature required)
VII. Conflict of Interest
Respondent must certify either a or b by signing below:
a. Respondent certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:
i. Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.
____________________________________________________________________ (Signature required)
OR
b. Respondent certifies that no relationships exist/existed as outlined in item a. above. ___________________________________________________________________ (Signature required)
*Orange County Board of Supervisors govern: All Assessment Districts, All Community Facilities Districts, All Reassessment Districts, Housing and Community Development Commission, Housing Successor Agency to the Orange County Development Agency, In-Home Supportive Services Public Authority, Industrial Development Authority For Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El Toro, Orange County Financing Authority, Orange County Flood Control District, Orange County Housing Authority, Orange County Housing Authority Acting As the Housing Successor Agency, Orange County Public Financing Authority, Orange County Special Financing Authority, South Orange County Public Financing Authority, and the Successor Agency to the Orange County Development Agency County of Orange Bid 017-C023940-JM
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VIII. Litigation
Respondent must certify either a or b by signing below:
a. Respondent certifies current/past litigation as follows:
i. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in Respondent, against the County of Orange in the past seven (7) years.
ii. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.
____________________________________________________________________ (Signature required)
OR
b. Respondent certifies that Respondent or any proposed subcontractors do not have any past or current litigation.
____________________________________________________________________ (Signature required)
IX. Name/Ownership Changes
Respondent must certify either a or b by signing below:
a. Respondent certifies past company name changes and/or ownership changes, for Respondent’s firm and any proposed subcontractor firm, as follows:
i. Respondent shall provide detailed information regarding any company name changes (including legal business names) in the past seven (7) years. ii. Respondent shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. ____________________________________________________________________ (Signature required)
OR
b. Respondent certifies that Respondent or any proposed subcontractors have not had any company name changes or ownership changes in the past seven (7) years. ____________________________________________________________________ (Signature required)
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X. Statement of Compliance
A statement of compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP. Respondent must certify either A or B by signing below:
A. This response is in strict compliance with this RFP including but not limited to, the terms and conditions set forth in Section III - Model Contract and its Attachments, and no exceptions thereto are proposed.
(Signature required)
OR
B. This response is in strict compliance with this RFP including but not limited to, the terms and conditions set forth in Section III - Model Contract and its Attachments, except for those proposed exceptions expressly listed in a separate attachment hereto. (Signature required)
i. Attachment for each proposed exception must include:
1. The RFP page number and section of the provision Respondent is taking exception to;
2. The complete provision Respondent is taking exception to;
3. The suggested rewording by way of tracked changes (Microsoft Word Format);
4. Reason(s) for submitting the proposed exception; and,
5. Any impact the proposed exception may have on the services to be provided.
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Part 2:
Company Profile
(Complete this form and submit as Part 2 in the second tabbed section of Proposal.) Company Legal Name:
Company Legal Status (corporation, partnership, sole proprietor, etc.):
Business Address:
Website Address:
Telephone Number: (___) Facsimile Number: (___)
Email Address:
Length of time the firm has been in business: Length of time at current location:
Is your firm a sole proprietorship doing business under a different name? Yes No If yes, please indicate sole proprietor’s name and the name you are doing business under:
Is your firm incorporated? Yes No If yes, State of Incorporation:
Federal Taxpayer ID Number *D-U-N-S® No.
*County requires a valid D-U-N-S® number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S® number, please indicate so in your proposal response Regular business hours:
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation:
Telephone Number: (___) Facsimile Number: (___)
Email Address:
Contact person for accounts payable:
Telephone Number: (___) Facsimile Number: (___)
Email Address:
Name of Project Manager:
Telephone Number: (___) Facsimile Number: (___)
Email Address:
In the event of an emergency or declared disaster, the following information is required:
Name of contact during non-business hours:
Telephone Number: (___) Facsimile Number: (___)
Email Address: Cell or Pager Number:
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Part 3:
Respondent’s Proposal
(Complete this section and submit as Part 3 in the third tabbed section of Proposal) I. QUALIFICATIONS AND RELATED EXPERIENCE:
This section of the proposal will establish the ability of Respondent to satisfactorily perform the required work by reasons of experience in performing services of a similar nature, demonstrated competence in the services to be provided, strength and stability of the team, staffing capability, work load, record of meeting schedule on similar projects, supportive client reference. As part of its response to the following, Respondent must justify how the minimum qualifications/requirements specified in this Section II have been satisfied.
A. Respondent shall:
1. Provide documentation validating Minimum Qualifications:
a. A minimum of three (3) years of experience providing Cost Recovery and Reduction Services, including experience providing these services for public agencies.
2. Provide a brief profile of the firm, including the name, a brief history, description of the firm, types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees.
Note: Use of subcontractors shall in no way reduce or mitigate the prime contractor’s liability in regard to all work under the contract and scope of work associated with this RFP, including all work performed by subcontractors.
3. Provide examples of at least five (5) public agencies your firm has provided similar services to that demonstrate Respondent’s qualifications to accomplish the services described in Attachment A - Scope of Work. Include the following information for each project:
a. Project description and location.
b. Outcomes achieved;
c. Total savings achieved/percentage paid for services; d. Schedule performance; and,
e. Key Personnel utilized.
4. Provide a minimum of three (3) reference letters, from clients outside the County of Orange organization, for the services cited as related experience. Reference letters shall include the name, title, e-mail address, address and telephone number of the person(s) at the client organization who is most knowledgeable about the services performed. Reference letters should be provided from previous clients who have received similar services to those listed within this RFP. If Respondent proposes to use sub-contractor(s) to perform services specified herein, County reserves the right to verify references for sub-contractor. It is Respondent’s sole responsibility to ensure that the firm name, location, and point of contact’s name, title, and phone number for each identified reference organization is current, complete, and accurate. County may disqualify Respondent if:
a. References fail to substantiate Respondent’s description of services provided;
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b. References fail to support that Respondent has a continuing pattern of providing capable, productive, and skilled personnel; and,
c. County is unable to reach the point of contact with reasonable effort. It is respondent’s responsibility to inform the point of contact of normal County working hours.
5. Provide general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, or impending merger/acquisitions) that may impede Respondent’s ability to complete the services. Please include a copy of the firm’s current financial statement.
6. Provide the name and title of person(s) authorized to bind the Respondent, together with the main office address, and telephone number (including area code).
7. Respondent shall describe additional relevant information concerning the services offered in this RFP that it considers important in evaluating its’ services.
II. PROPOSED STAFFING AND KEY PERSONNEL
This section of the Proposal should establish the qualifications of the proposed project staff.
A. Respondent shall:
1. Complete Attachment C “Staffing Plan” of the Model Contract (included in Section III of this RFP) and submit hereinto:
a. Identify key personnel proposed to perform services under the Contract and specify any licenses/certifications held by those individuals, Classification/Designation, years of related experience, and length of time with the Respondent’s firm.
2. Provide education, experience, and applicable professional credentials of key personnel.
3. Furnish resumes (brief - two page maximum each) for the proposed Project Manager and other key personnel.
4. Include a project organization chart, which clearly delineates communication/reporting relationships among the key personnel.
5. Include a statement that key personnel will be available to the extent proposed for the duration of the Contract acknowledging that no person designated as “key personnel” shall be removed or replaced without prior written concurrence of the County.
III. WORK PLAN
Respondent shall provide a brief narrative that addresses the Scope of Work and demonstrates Respondent’s understanding of the County’s needs and requirements.
A. Respondent shall:
1. Describe the approach to completing each required objective specified within the Scope of Work. In addition, provide an approach structured to ensure the following:
a. Quality performance;
b. Cost control and ability to complete the project within scope, schedule, and budget; c. Responsiveness to County staff and project requirements; and County of Orange Bid 017-C023940-JM
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d. Coordination between Respondent and County staff.
2. Outline sequentially the activities that would be undertaken in completing the objectives and specify the key personnel proposed to perform each objective.
IV. COST (COMPLETE AS SECTION III, ATTACHMENT B, AND SUBMIT HEREIN) In this section, Respondent shall complete Attachment B of the Model Contract (included in Section III of this Request for Proposal) and submit herein to include:
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SECTION III
MODEL CONTRACT
COST RECOVERY AND REDUCTION SERVICES
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SECTION III: MODEL CONTRACT
CONTRACT TBD
FOR
COST RECOVERY AND REDUCTION SERVICES
THIS Contract TBD for Cost Recovery and Reduction Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, (hereinafter referred to as “County”) and TBD, (hereinafter referred to as “Contractor”) with County and Contractor sometimes individually referred to as (“Party”), or collectively referred to as (“Parties”).
RECITALS
WHEREAS, County and Contractor are entering into this Contract for Cost Recovery and Reduction Services under a Usage Contract; and,
WHEREAS, County solicited Cost Recovery and Reduction Services as set forth herein, and Contractor has represented that it is qualified to provide Cost Recovery and Reduction Services to the County as further set forth herein; and,
WHEREAS, Contractor agrees to provide Cost Recovery and Reduction Services the County as further set forth in the Scope of Work, attached hereto as Attachment A and incorporated herein; and, WHEREAS, County agrees to pay Contractor the fees as further set forth in Contractor’s Pricing, attached hereto as Attachment B and incorporated herein; NOW THEREFORE, the Parties mutually agree as follows:
ARTICLES
GENERAL TERMS AND CONDITIONS:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.
B. Entire Contract: This Contract, including Attachments which are attached hereto and incorporated herein by this reference, contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California County of Orange Bid 017-C023940-JM
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state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor.
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.
F. Acceptance/Payment: Unless otherwise agreed to in writing by County: 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnities harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment or Sub-Contracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties.
Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
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K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through County.
N. Performance: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O. Insurance Provision: Prior to the provision of services under this Contract, the Contractor Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with.
Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor.
Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any selfinsured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County’s Risk Manager, or designee, upon review of Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or County of Orange Bid 017-C023940-JM
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subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor’s SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverage for
owned, non-owned and hired vehicles
$1,000,000 combined single limit per
occurrence
Workers’ Compensation Statutory
Professional Liability Insurance $1,000,000 per claims-made $1,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT..
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor’s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.
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The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.
All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.
The Commercial General Liability policy shall contain a severability of interest clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 Policy) Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without the County’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.
County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract.
In addition, Contractor has the duty to notify the County in writing of any change in the Contractor’s status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor’s performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting County of Orange Bid 017-C023940-JM
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from the County any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County.
The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and Countyrelated records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
U. Freight: Intentionally Omitted.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.
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Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnities”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract.
If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnities, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
AA. Audits/Inspections: Contractor agrees to permit the County’s Auditor-Controller or the AuditorController’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor’s records pertaining to this Contract shall be forwarded to the County’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.
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CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued.
ADDITIONAL TERMS AND CONDITIONS:
1. Scope of Contract: This Contract, including attachment(s), specifies the contractual terms and conditions by which the Contractor will provide Cost Recovery and Reduction Services under a usage Contract.
2. Term: This Contract shall be effective upon execution of all signatures, and shall continue for five (5) years, unless otherwise terminated as provided herein. This Contract is not renewable.
3. Regional Cooperative Agreement (RCA): This Contract is to be used as an RCA against which subordinate contracts will be created and issued by the user agencies/departments based on the fixed pricing, terms, and conditions of this RCA. The subordinate contract must end prior to or be coterminous with this RCA. Contractor will be required to provide services requested by County departments. For the Contractor’s full and complete performance of its obligations under this Contract, the County shall compensate the Contractor the fixed prices set forth herein.
As required by County policy, subordinate Contracts created against the RCA may require Board of Supervisors approval.
4. Precedence: The Contract documents consist of this Contract and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the attachments.
5. County’s Project Manager: The County Project Manager, as specified in Article “21” Notices, will act as liaison between the County and the Contractor during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Contractor.
The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager and Contractor personnel. The County’s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within 14 calendar days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager and Contractor personnel. Said approval shall not be unreasonably withheld.
6. Contractor’s Project Manager: Contractor Project Manager, as specified in Article “21” Notices, will direct the Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County’s Project Manager, which consent shall not be unreasonably withheld.
The Contractor’s Project Manager shall be assigned to this Contract for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager from providing services to the County under this Contract. The County of Orange Bid 017-C023940-JM
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County’s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.
7. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.
8. Contractor’s Records: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange DPA.
9. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract.
Usage figures, if provided, are approximate, based upon past usage. The Contractor agrees to supply services requested, as needed by the County, at rates/prices listed in the Contract, regardless of quantity requested.
10. Cooperative Agreement: The provisions and pricing of this Contract will be extended to other local or state governmental entities. Governmental entities wishing to use this Contract will be responsible for issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any contract entered into with another agency or entity that is entered into as an extension of this Contract a contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract.
The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The list shall report dollar volumes spent annually, per entity, and shall be provided to the County within seven (7) calendar days upon County’s request.
11. Child Support Enforcement Requirements: Contractor certifies it is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of the Contract with the County of Orange. Failure to comply shall constitute a material breach of the Contract and failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the Contract.
12. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and County of Orange Bid 017-C023940-JM
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other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the County.
13. Data – Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.
14. Publication: No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Contractor and/or anyone acting under the supervision of Contractor to any person, partnership, company, corporation, or agency, without prior written approval by the County, except as necessary for the performance of the services of this Contract. All press contacts, including graphic display information to be published in newspapers, magazines, etc., are to be administered only after County approval.
15. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.
16. News/Information Release: The Contractor agrees that it will not issue any news releases or make any contact with the media in connection with either the award of this Contract or any subsequent amendment of, or effort under this Contract. Contractors must first obtain review and approval of said news media contact from the County through the County DPA. Any requests for interviews or information received by the media should be referred directly to the County.
Contractors are not authorized to serve as a media spokespersons for County projects without first obtaining permission from the County.
17. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract, shall constitute a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cure the breach; b. Discontinue payment to the Contractor for and during the period in which the Contractor is in breach and offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.
c. Terminate the Contract immediately without penalty.
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18. Contract Disputes: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the County‘s Project Manager by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Purchasing Agent or his designee. If the County fails to render a decision within ninety (90) days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. Nothing in this section shall be construed as affecting the County’s right to terminate the Contract for Cause or Terminate for Convenience as stated in Section K herein.
19. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall promptly return to the other Party all papers, materials, and other properties of the other held by each for purposes of execution of the Contract. In addition, each Party will assist the other Party in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as may be necessary for the orderly, non-disruptive business continuation of each Party.
20. Contractor’s Expense: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.
21. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties’ project managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
County: TBD
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cc: County of Orange, County Executive Office/County
Procurement Office
Attn: TBD, DPA
1300 S. Grand Avenue
Building A, 2nd Floor
Santa Ana, CA 92705
Phone: XXX-XXX-XXXX
Email: [email protected]
Contractor: TBD
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates following their respective signatures.
[CONTRACTOR NAME - TBD]*
By: DO NOT SIGN AT THIS TIME
Print
Name:
Title:
Date:
By: DO NOT SIGN AT THIS TIME
Print
Name:
Title:
Date:
COUNTY OF ORANGE, a political subdivision of
the State of California
By
Print
Name
Title Deputy Purchasing Agent
Date
* If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth. The first corporate officer signature must be one of the following: 1) the Chairman of the Board, 2) the President or 3) any Vice President. The second corporate officer signature must be one of the following: 1) Secretary, 2) Assistant Secretary, 3) Chief Financial Officer or 4) Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the corporation.
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ATTACHMENT A
SCOPE OF WORK
I. INTRODUCTION: Contractor shall provide County with Cost Recovery and Reduction Services for the purpose of obtaining cost savings/refunds through audits and assessments relating to billing invoices and taxes. Contractor shall review, audit, and implement applicable billing rates amongst all County accounts in an effort to provide Cost Recovery and Reduction Services.
In an effort to reduce current billing costs and ensure all rates are secured and correct amongst service providers, Contractor will provide to the County expertise in billing audits with the primary goal of cost reduction. The Contractor will review and audit in depth County accounts to recover overpayment and correct billing rates, calculation methods and tariffs including taxes.
The County has multiple contracts with service providers for supply of the following:
1. Utilities
2. Waste & Recycling
3. Telecommunications
4. Document Management
5. Treasury Services
6. Shipping & Logistics
II. GENERAL CONTRACTOR REQUIREMENTS:
A. Upon County request, Contractor will conduct deep dive analytics.
B. Contractor shall use its’ best efforts to obtain cost savings/refunds for County’s benefit by analyzing County’s policies, procedures, service provider contracts, past invoices and other pertinent information as it relates to the above selected expense categories set for review.
C. Contractor will further gather information as to County’s needs (past, present and future) from County’s service providers so as to build a solution that not only lowers cost, but also matches County’s operational requirements and expectations.
D. Contractor will provide progress reports throughout the audit review, designated deliverable dates will be determined based on review timeline. After analyzing County current spending patterns, Contractor shall provide County with a full report outlining Contractor’s observations and recommendations. Contractor’s report will include a review of operations, cost reduction recommendations and potential service level enhancements. Contractor will educate County designated staff on best practices related to the applicable review.
E. Contractor will review County’s invoicing and deliverables to ensure accountability by County’s service providers with respect to the spirit and intent of the Contract between County and the third party service provider. The review will take into account service types, levels, cost controls and overall County satisfaction.
F. Contractor will continue ongoing services with County to anticipate changes in service needs to ensure that the proper service provider, contract and procedures are in place to address County’s go forward requirements.
G. Contractor report will include a full catalogue of all meters and accounts surveyed and will document the Established Rates for each service or product chosen for review and outline the County of Orange Bid 017-C023940-JM
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methodology for Contractor’s findings. County and Contractor will discuss, agree and document the Established Rates for the targeted service or product.
H. Contractor may discover over billing, credits, rebates, ongoing savings or other sources of revenue. This income is to be considered expense reduction for purposes of this Contract and will be accounted for in the same manner as the expense reduction savings.
I. Contractor may have the ability to recover rebates or other compensation by service providers. Contractor shall disclose this compensation to the County and both Parties shall share this revenue as savings, in accordance with Attachment B, “Contractor’s Rates/Compensation”, after revenue is received by the County.
J. It may be necessary to institute cost reduction strategies within a specific expense category in stages. If this occurs, and upon County approval, each stage of implementation will be viewed with its’ own billing cycle.
K. Contractor acknowledges that all information supplied by County shall be kept confidential.
Contractor, its subcontractors, employees, or agents shall not disclose such information to any third parties other than Contractor’s subcontractors, employees, or agents on a need-to-know basis for the purpose of Contract performance and to other third parties as required for providing services under this Contract. Contractor shall not use any information, documents, or data provided by County for any proprietary purposes and shall not copy, sell, exchange, disclose, or provide to others, or use any information, documents, or data reasonably related to this Contract for its own proprietary interests.
L. Contractor shall perform all Cost Recovery and Reduction Services required under this Contract in conformity with professional standards, and shall provide qualified personnel (licensed, if applicable) to meet such standards.
M. Ownership of County Data - Contractor acknowledges and agrees that all information supplied by County to Contractor (hereinafter, “County Data”) shall remain the property of County. The County Data shall not be used by Contractor other than in connection with providing the services pursuant to this Contract. County Data shall not be disclosed, sold, assigned, leased or otherwise provided to third parties by Contractor, or commercially exploited by or on behalf of Contractor, its employees, officers, agents, subcontractors, invitees, or assigns in any respect. Contractor shall not delete or destroy any County Data or media on which County Data resides without prior written authorization of County. At no cost to County, Contractor shall, upon County request, promptly return to County, in the format and on the media in use as of the date of the request, any and all requested portion of any County Data it may possess or control as well as all work product including exploratory information.
N. It shall be Contractor’s responsibility to ensure compatibility of County’s data files and transmittal medium to Contractor’s computer system. Contractor shall bear all costs, if necessary, for data conversion to make County’s computer system compatible with that of Contractor’s and any incidental costs related to the data transfer. Contractor shall promptly inform County of any problems and/or issues with any data conversion or transfer of County’s data files.
O. Contractor is responsible for ensuring that all transmittals to County are compatible with County’s ability to record and read such data. Any and all corrupted or otherwise defective data shall be replaced by Contractor at no cost, additional or otherwise, to County.
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P. During the review, Contractor shall notify the County of any compliance concerns with current and upcoming applicable laws related to provider services (specified in I.1-6 above); this shall be part of the review.
Q. During the term of this Contract, Contractor understands that despite Contractor(s) recommendations, suggestions, potential suppliers and other recommendations; County has the right not to proceed with any or all said recommendations.
III. COUNTY’S REQUIREMENTS:
A. County shall provide all required documents, invoices, contracts and staff consultation time to Contractor in order to conduct the expense reduction review.
B. During the review process, County, to the best of its ability, will not renegotiate, amend or extend in place contracts or introduce operational procedures/changes that will effect cost/pricing and or contractual obligations of the County to the service provider.
IV. SAVINGS/REFUND VERIFICATION DOCUMENTATION:
A. Contractor will be submit monthly or at County’s discretion verifiable documentation that the correction/retroactive refund/credit/recommendation has been accomplished and savings were implemented. A detailed explanation of savings will be presented by Contractor to clarify and further corroborate the calculated savings.
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ATTACHMENT B
CONTRACTOR’S RATES/COMPENSATION
(Complete and submit as #IV, in Part 3 of Section II “Response Requirements”) I. COMPENSATION: This is a usage Contract between County and Contractor to provide Cost Recovery and Reduction Services, as needed and as set forth in Attachment A, “Scope of Work.” Contractor agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing, labor, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. There will be no up-front fees and Contractor shall only be compensated as set forth herein below for work performed in accordance with the Scope of Work. County shall have no obligation to pay any sum in excess of the Fee specified herein below unless authorized by amendment in accordance with Articles “C” and “P” of the County Contract Terms and Conditions.
II. PRICING: County will pay fees at the following percentage rate of cost savings/refunds, per audit review, after County approves and receives Contractor recommendations in accordance with the provisions of this Contract.
Respondent shall complete this section and submit as specified in Section II. a. Cost Reduction and Recovery Services Fee:_________% of Cost Savings/Refund Paid to Contractor i. Fees will be paid based on the cost savings/refunds identified by the Contractor and approved by the County
III. PRICE INCREASES/DECREASES: No price increases will be permitted during the term of this Contract. All price decreases will automatically be extended to the County.
IV. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.
V. INVOICING INSTRUCTIONS: The Contractor shall submit invoices to County on Contractor’s letterhead. Each invoice shall have a unique number and shall include, at minimum, the following information:
A. Contractor’s name and address (as specified in this Contract) B. Contractor’s remittance address, if different from (A), above C. Name of County department/contact person
D. Contract number (PO, CT or MA Number) must be referenced on all invoices E. Delivery/service address
F. Service Date
G. Contractor’s Tax Identification Number (TIN) or Employer’s Identification Number (EIN)
H. Description of Services
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section III: Model Contract C023940 Page 39 of 42
I. Total dollar amount of invoice
The responsibility for providing an acceptable invoice to the County for payment rests with the Contractor. Incomplete or incorrect invoices are not acceptable and Contractor will be required to revise them. The department County’s Project Manager, or designee, is responsible for approval of invoice and subsequent submittal of invoice to the Auditor-Controller for processing of payment.
Contractor has the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive Electronic Remittance Advice with the payment details via email. An email address will need to be provided to the County via an EFT Authorization Form. To request a form, please contact the DPA County of Orange Bid 017-C023940-JM
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section III: Model Contract C023940 Page 40 of 42
ATTACHMENT C
STAFFING PLAN
(Complete and submit as #II.A.1., in Part 3 of Section II “Response Requirements.”) I. KEY PERSONNEL
Name Classification
Title
Licenses/Certificatio
ns
(include license/
certification number)
Years of
Experience
Length of
Time with
Firm
Sample: John
Smith
Project Manager C0123456789 10 10
Contractor understands that the personnel represented as assigned to the Contract must remain working on the Contract throughout the duration of the Contract unless otherwise requested or approved by the County. Substitution or addition of key personnel in any given category or classification shall be allowed only with prior written approval of the department County Project Manager. Note: The written approval of substituted Key Personnel is for departmental use only and shall not be used for auditing purposes.
Contractor may reserve the right to involve Contractor personnel, as services are required, only with County written consent. The specific individuals will be assigned based on the need and timing of the service/classification required by a using County department. Assignment of additional key personnel shall be subject to County Project Manager written approval. Note: The written approval of additional Key Personnel is for departmental use only and shall not be used for auditing purposes. County reserves the right to have any personnel removed from providing services to County under this Contract.
County is not required to provide any reason for the request to remove a Contractor’s personnel and Contractor is required to comply within the time requested.
Subcontractor Contact Name
& Telephone
Number
Licenses/Certifications
(include license/
certification number)
Project
Function
Years of
Experience
Length
of Time
with
Firm
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Exhibit I
C023940 Page 41 of 42
EXHIBIT 1
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT
CERTIFICATION REQUIREMENTS
A. In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address:
DO NOT COMPLETE AT THIS TIME
Name:
D.O.B:
Social Security No:
Residence Address:
B. In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity:
Name:
D.O.B:
Social Security No:
Residence Address:
Name:
D.O.B:
Social Security No:
Residence Address:
Name:
D.O.B:
Social Security No:
Residence Address:
(Additional sheets may be used if necessary)
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County of Orange, County Executive Office RFP# 017-C023940-JM Cost Recovery and Reduction Services Section III: Model Contract C023940 Page 42 of 42
"I certify that Company name is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of the Contract with the County of Orange. I understand that failure to comply shall constitute a material breach of the contract and that failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the contract.
DO NOT COMPLETE AT THIS TIME
Authorized Signature Name Title Date
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5 6
Question and Answers for Bid #017-C023940-JM - COST RECOVERY AND REDUCTION
SERVICES
Overall Bid Questions
There are no questions associated with this bid.
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