1 (Rev. 10.27.22)
STANDARD AGREEMENT
CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:
1. This Agreement is entered into between the City of Stockton (“City”) and SwiftComply US OpCo, Inc. (“Contractor”) to provide Enforcement Software as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on: June 30, 2028
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 229,683.00
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
SwiftComply US OpCo, Inc.
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
Address
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Contract for Enforcement Software
May 31st, 2023
Olivier Terrien, Vice President Business Development
6701 Koll Center Parkway Suite 250, Pleasanton, CA 94566 EXHIBIT 1
2 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Scope
Implementation of a single software so lution (System) that is a cloud-based, commercial program to automate and str eamline the City’s compliance with EPA requirements for all the following programs:
• Industrial Pre-treatment
•
Fats, Oil, and Grease (FOG)
• Dental Amalgam
• Septic Hauler
• Sewer Spill Response
The System shall have the capabilities to automate the tracking, documentation, and follow-up needed for each of the above programs in compliance with State and Federal EPA requirements. The cloud -based program shall be all-inclusive for all of the above programs. User m anuals and training shall be provided in addition to periodic program updates.
Contractor shall provide migration support to import up to five (5) years historical data (e.g., inspection information, photos, correspondence, violation notices, wastewater infrastructure at industries, underground infrastructure, etc.) from existing systems (which include HTE (IBM AS400), Microsoft Access, and Microsoft Excel). Technical support shall be included in the annual maintenance cost and the successful proponent’s staff must respond to technical support requests within 24 hours.
The high-level goals of implementing a system include:
• Streamline processes through automat ion, integration, and workflows • Enhance reporting to improve decision making including meeting reporting requirements of the State and Federal EPA
• Increase data integrity and system reliability
• Provide a user friendly and intuitive user interface
• Promote implementation of best practice processes
Contractor shall provide training for each level of users per the specifications.
Contractor shall implement each module as directed by the City with all modules to be implemented by the end of the contract.
Contract for Enforcement Software
EXHIBIT 1
3 (Rev. 10.30.18)
2. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: SwiftComply US OpCo, Inc City: City of Stockton Attn: Olivier Terrien Attn: City Manager
6701 Koll Center Parkway 425 N. El Dorado Street
Suite 250 Stockton, CA 95202
Pleasanton, CA 94566
Contract for Enforcement Software
EXHIBIT 1
4 (Rev. 10.30.18)
Exhibit B:
Insurance Requirements
INTENTIONALLY LEFT BLANK
Contract for Enforcement Software
EXHIBIT 1
1 (Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said serv ices at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation . City shall pay Contractor for se rvices rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlik e manner with due diligence in accordance with the degree of skill normally exercised by similar contractors s upplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contra ctor or its approved subcontract ors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under
Contract for Enforcement Software
EXHIBIT 1
2 (Rev. 10.30.18; Mod 05.08.23 RM)
this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall r eplace them at its own expense. Contractor and its approved subcontractors shall keep materials confidenti al. Materials shall not be used for purposes other than performance of serv ices under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreem ent for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set fort h in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All per sons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.
Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or pow er vested in the City. No agent, officer or employee of the City is to be considered an employee of t he Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall dete rmine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for t he requirements and results specif ied in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillm ent of this Agreement.
Contractor has control over the manner and m eans of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
Contract for Enforcement Software
EXHIBIT 1
3 (Rev. 10.30.18; Mod 05.08.23 RM)
9.3 If in the performance of this Agreem ent any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of em ployment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and per sons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any thir d persons are employed by Contractor, such persons shall be enti rely and exclusively under the direction, supervision and control of Contractor. A ll terms of employment including hours, wages working conditions, discipline, hiri ng, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notic e in writing to Contractor. The Agreement shall then be deemed terminated, and no further work sha ll be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.2 Should either party default in the perfo rmance of this Agreement or materially breach any of its provisions, t he other party, at that party’ s option, may terminate this Agreement by giving written notification to the other party.
Contract for Enforcement Software
EXHIBIT 1
4 (Rev. 10.30.18; Mod 05.08.23 RM)
11.3 Funding- Non-Appropriation. It is mu tually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any pay ment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the opt ion to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability . The Contractor shall not assi gn, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and c onditions as City may set forth in writing.
Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent pe rmitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contract or’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the Cit y of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
14. Insurance . During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices . All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of servic es under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Contract for Enforcement Software
EXHIBIT 1
5 (Rev. 10.30.18; Mod 05.08.23 RM)
17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Cont ractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like r equired to perform the services under this Agreement. Such licenses, certificates and pe rmits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3 ) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality . Contractor shall exercise reas onable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial intere st with any official, employee or other representative of the City. Contractor and its pr incipals do not have any financial interest in real property, sources of income or invest ment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Feder al District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability . No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
Contract for Enforcement Software
EXHIBIT 1
6 (Rev. 10.30.18; Mod 05.08.23 RM)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, or dinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the ext ent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, ph ysical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sex ual orientation, fam ily and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all app licable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrim ination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Ri ghts Act of 1964 (P.L. 88-35 2), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure . Neither party shall be responsib le for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shor tage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
Contract for Enforcement Software
EXHIBIT 1
7 (Rev. 10.30.18; Mod 05.08.23 RM)
29. Advice of Attorney. Each party warrants and represent s that in executing this Agreement, it has received independent legal advice fr om its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement ar e intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Ag reement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Contract for Enforcement Software
EXHIBIT 1
1 (Rev 07.12.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible materi al, work or thing delivered by one party to the other, includi ng associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s) of t he Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the ext ent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. T he Special Conditions shall relate to a particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services a ccording to the schedule contained in Exhibit F.
3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neit her Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
Contract for Enforcement Software
EXHIBIT 1
2 (Rev 07.12.22)
4. Standard of Performance.
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by me mbers of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable feder al, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with re spect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in t he applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply wit h the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contract or of its responsibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation.
5.1 In addition to Section 3 Compensation in Ex hibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be com pensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
Contract for Enforcement Software
EXHIBIT 1
3 (Rev 07.12.22)
6. Reports and Information.
Contractor shall at such times and in su ch forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Findings Confidential.
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreem ent are confidential and the C ontractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applic able law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection.
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty.
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and Contract for Enforcement Software
EXHIBIT 1
4 (Rev 07.12.22)
shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. Ownership.
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement.
Upon delivery and acceptance, Deliverable de livered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable.
All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said pr operty shall be used only for Deliverables benefiting City. Contract or shall return to City or sha ll dispose of this property only according to City’s instruction.
11. Applicable Laws.
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Prevailing Wage.
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is Contract for Enforcement Software
EXHIBIT 1
5 (Rev 07.12.22)
registered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Departm ent of Industrial Re lations- Contractor Registration information and web lin k: https://www.dir.ca.gov/public- works/publicworks.html. In compliance wit h Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registrati on Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards En forcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date spec ified in the Agreement.
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.
City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contract or liable for damages incurred due to the untimely delivery including, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.
Contract for Enforcement Software
EXHIBIT 1
6 (Rev 07.12.22)
15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
Contract for Enforcement Software
EXHIBIT 1
1 (Rev 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for t he services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor sha ll be paid on this Agreement is $229,683.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement , including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Only the reimbursabl e items identified in Exhibit A, C, and D (Compensation), sha ll be compensated to the Contractor.
Reimbursable expenses will be reimbursed wit hout markup. Fees plus reimbursable expenses shall not exceed the am ount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items list ed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are al ready included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reas onable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.
ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.
iii. Travel expenses shall be reimbur sed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City wil l pay Contractor based on invoices for acceptable work performed and appr oved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete se rvices based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
Contract for Enforcement Software
EXHIBIT 1
2 (Rev 10.30.18)
1.4 If work is completed before the “ not to exceed” amount is reached, the Contractor’s compensation will be based on t he Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: There ar e no subcontractors for this work.
2. Task Price. Below is the price for the services as described in Exhibit A of this Agreement.
Description
Industrial
Pre-
treatment
Fats, Oil,
and
Grease
(FOG)
Dental
Amalgam
Septic
Hauler
Sewer
Spill
Response
Total
Annual Subscription/
Maintenance Fee
Year 1 $25,000 $7,500 Included Incl uded Included $32,500 Year 2 $26,250 $7,875 Included Incl uded Included $34,125 Year 3 $27,563 $8,269 Included Incl uded Included $35,831 Year 4 $28,941 $8,682 Included Incl uded Included $37,623 Year 5 $30,388 $9,116 Included Incl uded Included $39,504 Implementation
Services $24,000 $12,000 $600 $4,800 $600 $42,000
User Training
Services $4,800 $1,800 $300 $900 $300 $8,100
Total Cost $166,941 $55,242 $900 $5,700 $900 $229,683
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Contract for Enforcement Software
EXHIBIT 1
1 (Rev. 10.30.18)
EXHIBIT F
TIMELINE
Contractor shall implement each module as directed by the City with all modules to be implemented by the end of the contract.
Contract for Enforcement Software
EXHIBIT 1
EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15)
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
Contract for Enforcement Software
EXHIBIT 1
REQUEST
FOR PROPOSALS (RFP) PUR 23-013
ENVIRONMENTAL CONTROL ENFORCEMENT
SOFTWARE PROGRAM
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM, THURSDAY, MARCH 2, 2023, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA 95202-1997
EXHIBIT H
BID DOCUMENTS
Contract for Enforcement Software
EXHIBIT 1
i
REQUEST FOR PROPOSALS (RFP)
ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE PROGRAM
*Dates and Times are Subject to Change*
RFP INFORMATION
PUR-23-013
Contact Patricia Monesi
Email Address [email protected]
Pre-Submittal Meeting There is no pre-submittal meeting.
MANDATORY/OPTIONAL
Site Tour
There is no site tour.
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Due Date for Questions
and Clarifications
February 2, 2023
Due Date for Response to
Questions/Clarifications
February 14, 2023
RFP Submittal Due Date
& Time
March 2, 2023; 2:00 pm
Please note that some overnight delivery services
do not deliver directly to the City Clerk's Office. This could result in the proposal arriving in the City
Clerk's Office after the proposal opening deadline
and therefore not being accepted.
Short-List Interviews (if
applicable)
TBD
Contract for Enforcement Software
EXHIBIT 1
ii
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals will be received no later than Thursday, March 2, 2023, at 2:00 pm (local time) by the City of Stockton, California for ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE PROGRAM – PUR 23 - 013 in strict accordance with the specifications.
The City of Stockton, herein after referred to as the “City”, is requesting proposals from firms or individuals, herein after referred to as “Proponent” to provide a cloud -based, commercial off the shelf program for managing the City’s compliance with EPA requirements for the Environmental Control Division to the City.
Each sealed proposal shall be marked "PROPOSAL" and shall indicate the project name, number, and proposal opening date, and shall be mailed or delivered to the address below at or before the hour stated. Each Proponent must be licensed in accordance with applicable California State Law.
Proposal forms and specifications are available on the City’s website at www.stocktonca.gov/mudbid. Sealed proposals must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, CA 95202 unless electronic mail delivery to [email protected] is applicable. P roponents will only be identified as responding to the RFP; no proposals will be opened or read aloud.
The City reserves the right to reject any/or all proposals received and re-adv ertise.
For questions about this project, please contact Patricia Monesi at [email protected] or (209) 937-8357.
EL
IZA GARZA, CMC, CITY CLERK
CITY OF STOCKTON
Contract for Enforcement Software
EXHIBIT 1
iii
Contents
1.0 BACKGROUND/SUMMARY ................................................................................................................ 1
2.0 SCOPE OF SERVICES .......................................................................................................................... 2
3.0 PROJECT SCHEDULE OF EVENTS ........................................................................................................ 6
4.0 SUBMITTAL REQUIREMENTS ............................................................................................................. 6
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT ........................................................................ 6
4.2 COVER LETTER ............................................................................................................................... 7
4.3 REFERENCES .................................................................................................................................. 7
4.4 FINANCIAL STATEMENT ................................................................................................................ 8
4.5 CORPORATE STRUCTURE, ORGANIZATION ................................................................................... 8
4.6 PROPOSAL FEE .............................................................................................................................. 8
5.0 SELECTION CRITERIA & EVALUATION................................................................................................ 8
6.0 CITY REQUIREMENTS ........................................................................................................................ 9
6.1 CITY RESPONSIBILITIES .................................................................................................................. 9
6.2 LOCAL BUSINESS PREFERENCE ...................................................................................................... 9
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING ................................................................... 9
6.4 TERM ............................................................................................................................................. 9
6.5 OTHER GOVERNMENT AGENCIES ................................................................................................. 9
6.6 INSURANCE REQUIREMENTS ...................................................................................................... 10
6.7 APPLICABLE LAW ......................................................................................................................... 10
6.8 METHOD OF PAYMENT ............................................................................................................... 10
6.9 NOTICE TO OUT OF STATE BUSINESS .......................................................................................... 10
6.10 CONFIDENTIALITY........................................................................................................................ 11
6.11 PROTEST POLICY .......................................................................................................................... 11
6.11.A Protest Procedure ............................................................................................................... 11
6.11.B Protest Review .................................................................................................................... 11
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS ........................................................................ 12
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION .............................................................................. 12
7.2 A
CCEPTANCE OR REJECTION OF PROPOSAL ............................................................................... 12
7.3 RIGHT TO CHANGE OR AMEND REQUEST ................................................................................... 13
7.4 CANCELLATION ............................................................................................................................ 13
7.5 EXAMINATION OF PROPOSAL MATERIALS .................................................................................. 13
7.6 ADDENDA AND INTERPRETATION ............................................................................................... 14 Contract for Enforcement Software
EXHIBIT 1
iv
7.7 DISQUALIFICATION...................................................................................................................... 14
7.8 CONDITIONS IF WORK IS SUBCONTRACTED ............................................................................... 14
7.9 LICENSING REQUIREMENTS ........................................................................................................ 15
7.10 INDEMNITY AND HOLD HARMLESS ............................................................................................. 15
7.11 COMPETITIVE PRICING ................................................................................................................ 15
7.12 AVAILABLE FUNDING .................................................................................................................. 15
7.13 TERMINATION FOR CONVENIENCE ............................................................................................. 15
7.14 AUDITING CHARGES AND SERVICES ............................................................................................ 15
7.15 CHANGES ..................................................................................................................................... 15
7.16 AWARD ........................................................................................................................................ 16
8.0 PROPOSAL DOCUMENTS ................................................................................................................ 8-1 ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST ............................................................................. 8-2 ATTACHMENT B- PROPONENT’S COVENANT ......................................................................................... 8-3 ATTACHMENT C - NON-COLLUSION AFFIDAVIT ..................................................................................... 8-4
9.0 PROPOSAL EXHIBITS ....................................................................................................................... 9-1
9.1 Exhibit 1 – Fee Schedule Tables ................................................................................................. 9-1
9.2 Exhibit 2 – Sample Contract ....................................................................................................... 9-1
Contract for Enforcement Software
EXHIBIT 1
1 1.0 BACKGROUND/SUMMARY
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The Stockton Municipal Utilities Department (MUD) manages, operates , and maintains three utility enterprises: Water, Wastewater and Stormwater. Within the Wastewater Utility is the Environmental Control Division.
The Environmental Control Division is tasked with the responsibility of:
• Protecting the wastewater treatment plant and its biological processes from interference, pass - through and sludge contamination.
• Protecting collection system workers and treatment plant personnel from exposure to dangerous chemicals and hazardous conditions in the sewer system. • Protecting the collection system and treatment plant from damage due to discharges which may be hazardous, corrosive, explosive, etc.
• Ensuring the wastewater discharges of categorical industrial users and significant industrial users comply with federal, state, and local regulations.
Categorical users include metal finishers, iron and steel manufacturers, paper and paperboard manufacturers, chemical manufacturers, etc. In addition to categorical users, large industrial dischargers with 25,000 gallons per day or more of wastewater flow and/or significant loadings of total suspended solids (TSS) and biochemical oxygen demand (BOD) are regulated through a Significant Industrial User (SIU) permit system. The permits specify conditions for the acceptance of wastewater in the sanitary sewer system, including limits for pollutant concentrations and total wastewater flow. Permit violations are subject to fines and penalties, including the possibility of ter mination of sewer service. The Environmental Control Section currently maintains approximately 48 Significant Industrial User Permits.
In addition to SIU permits, other smaller industrial users are regulated under Special Permits. Many of these Special Permits may be issued for infrequent discharges or because of potential concerns, such as a growing industry that may become significant or because of the materials processed by the industry.
Currently, 12 Special Permits are maintained in the Section.
The Environmental Control Division regulates truck hauled wastewater through both permits and a manifest system which requires documentation of the source and type of hauled wastewater. There are currently 11 haulers of wastewater, some with multiple trucks, which are permitted to discharge at the Wastewater Treatment Facility.
The Environmental Control Division staff conduct inspections, take samples of wastewater, review self - monitoring reports, write permits, and enforce permit requirements as specified in Stockton Municipal Code, Chapter 13.08 (Pretreatment Ordinance). The Environmental Control annually conducts approximately 360 inspections, performs 300 sampling events, implements 80 enforcement actions, reviews 500 self-monitoring reports and tracks 2,400 manifests for hauled wastewater.
Contract for Enforcement Software
EXHIBIT 1
2 The Environmental Control Division has developed and is implementing the Dental Amalgam Program. In 2017, the Environmental Protection Agency (EPA) enacted pretreatment standards to reduce discharges of dental amalgam containing mercury and other metals from dental offices into the sewer systems of publicly owned treatment works. This includes approximately 150 dental facilities in the City of Stockton area that discharge wastewater to the City of Stockton's sanitary sewer system. The Dental Office Category regulation is contained in the EPA Effluent Guidelines, 40 CFR Part 441, and requires dental offices to use amalgam separators and best management practices recommended by the American Dental Association.
The Environmental Control Division is also tasked with implementing the Fats, Oils and Grease (FOG) Control Program. This program involves inspecting 700+ Food Service Establishments (FSEs) to ensure compliance with Stockton Municipal Code Chapter 13.40 (FOG Control Ordinance). Discharges from FSEs are potential sources for grease related sanitary sewer blockages and overflows in the sewer collection system. FSEs include restaurants, retail markets, institutions, schools, licensed health care facilities, city owned facilities, flea markets and commissaries. Currently, there are approximately 700 FSEs identified within the City's regional wastewater service area, of which approximately 400 have approved grease interceptors.
2.0 SCOPE OF SERVICES
The City is seeking a qualified firm with United States based offices and resources with the with the experience, expertise, and qualifications to provide a single software solution (System) that is a cloud -based, commercial program to automate and streamline the City’s compliance with EPA requirements for all the following programs:
• Industrial Pre-treatment
• Fats, Oil, and Grease (FOG)
• Dental Amalgam
• Septic Hauler
• Sewer Spill Response
Each of these programs have unique monitoring, inspection, and tracking requirements. The program chosen shall have the capabilities to automate the tracking, documentation, and follow- up needed for each of the above programs in compliance with State and Federal EPA requirements.
The cloud-based program shall be all-inclusive for all of the above programs. User manuals and training shall be provided by the successful proponent in addition to periodic program updates.
The program is required to be a commercial cloud -based program ready to log -in and use, with elements that can be customized. Proposals to develop programs based on our nee ds are not acceptable and will not be considered.
The successful proponent shall provide migration support to import up to five (5) years historical data (e.g., inspection information, photos, correspondence, violation notices, wastewater infrastructure at industries, underground infrastructure, etc.) from existing systems (which Contract for Enforcement Software
EXHIBIT 1
3 include HTE (IBM AS400), Microsoft Access, and Microsoft Excel). Technical support shall be included in the annual maintenance cost and the successful proponent’s staff must respond to technical support requests within 24-hours.
The high-level goals of implementing a system include:
• Streamline processes through automation, integration, and workflows • Enhance reporting to improve decision making including meeting reporting requirements of the State and Federal EPA
• Increase data integrity and system reliability
• Provide a user friendly and intuitive user interface
• Promote implementation of best practice processes
2.1 System Training Requirements
Proponent shall:
• Specify the amount of training recommended for each level of user. Typical users would be administrators, office data entry, field data entry, etc. There are an estimated 10 users projected at this time.
2.2 General Requirements
The System shall:
• Allow the user to add, update, delete, store, or display information in any module without exiting the initial system.
• Have the ability to selectively download information into Excel, Word, or to standard ASCII format.
• Have querying capabilities that allows the user to sort and filter on essentially all appropriate data in each module.
• Have a reporting system that allows the user to easily print out desired information pertaining to just the records that are queried (as described above) or pertaining to active records or all records in the database.
• Have the ability to store and show images for each module, and name and attach image files to specific records in multiple popular formats. Example: PDF, JPG, etc. • Have user -defined fields for each module to store and track a dditional information as needed.
• Provide a context -sensitive help selection that can be accessed from any screen, and displays help related to the screen in use.
• Include a comprehensive user’s manual for each user/site license documenting all operations of the system including System Administration functions. Manuals must include sample reports, screen illustrations and instructions, and example problems.
Contract for Enforcement Software
EXHIBIT 1
4 • Provide for automatically generated e-mail notification including notification to multiple persons (e.g., registered business, City staff, etc.) via the City’s standard email system, Outlook.
• Provide for text notification (e.g., SMS text), including notification to multiple persons. • Allow the user to name and save developed queries for processing multiple times during future use.
• Remain current with EPA requirements.
• Have application Support provided to trouble -shoot issues as they arise. (Note: third - party contractors are not acceptable.)
2.3 Data Integrity and Security Requirements
The System shall:
• Provide an audit trail that captures the user’s ID, a date and time stamp, and before/after values whenever changes are posted to the system database. • Have an “Administrator” module that allows the administrator to set user -level security access to the database.
• Have an administrator module that provides a means to set up user accounts, assign user passwords, and assign users to access-defined groups.
• Permit the ability to provide view, read, write, update, and delete security at multiple levels including menu function, file, record, and field. • Utilize a field sized to capture detailed comments and descriptions throughout the system and have basic word processing features such as word -wrap, spell check, cut, copy, and paste.
2.4 GIS Integration Requirements
• Integration of the system with the City’s Geographic Information System (GIS) is an extremely important part of the overall project. City staff will need to be able to see above-ground and below ground features such as sewer and s torm drain lines adjacent to the subject property utilizing the existing GIS system. • The System shall be compatible with the City’s current ESRI products (v ESRI’s ArcGIS Enterprise 10.8.1).
• The System shall be able to import and export data to and from GIS. • The user needs be able to query a location and display in the map frame adjacent sanitary and storm drain infrastructure.
Contract for Enforcement Software
EXHIBIT 1
5 2.5 Reporting Requirements
The System shall:
• Come with report templates “out of the box” ready to use. • Be capable of producing a variety of reports and support ad-hoc queries such as:
• Open Inspections
• Scheduled Inspections
• Inspection History report
• Include an ad-hoc report writer.
• Enable customized reports to be saved by a specific username or employee number. • Have PDF, DOC (MS Word), and XLS (MS Excel) data export options. • Provide reports that meet CAL-EPA and EPA reporting requirements. • Allow for electronic document submittal from outside the City environment (e.g., from industries and facility users outside the City’s internet network). • Have the capability of sending calendar reminders to users outside the City environment of reporting requirements and due dates.
2.6 Field/Mobile System Requirements
The System shall:
• Enable the efficient use of a variety of portable computing devices including: Desktop Computer, Laptop Computer, Pen- based Computer, Handheld Computer, Tablet, and PDA.
• Enable full functionality when using field (portable) equipment including accessing and updating records.
2.7 Ease of Use Requirements
The System shall:
• Provide the ability to move from one module or function without logging into each module (regardless of login privileges) or returning to a “main menu”. • Provide a toolbar with graphical buttons to perform common functions. • Include a comprehensive user’s manual documenting all functions and operations of the system.
• Utilize a Find command function to search for selected data using a variety of simultaneous user-selectable search criteria.
• Visually distinguish between fields that are required, fields that are optional and fields that are display only.
Contract for Enforcement Software
EXHIBIT 1
6 2.8 Ease of Use Questions:
• Does the system have any other integrations and compatibilities with other applications? If yes, proponent shall provide a list describing each of the applications? • Does the system allow the users to define which fields are required and which fields are not required?
• Does the system provide the ability to search the on-line help for a specific topic? • Does the user have the ability to access the on-line help files? • Does the system give clear and concise error messages? Can error messages be customized?
• Does the system allow user level preferences to be setup and saved? • Does the system include a menu item that al lows the user to view all open forms and select a form to bring to the top of the workspace?
• Does the system provide help for every form with a brief description of how to use the form?
• Does the system provide a calendar pop-up for date fields? • Does the sy stem documentation include step -by-step demonstrations or training aides for all forms in the system?
• Does the Find command function button have the ability to search the database for a data name in ascending or descending sequence?
• Does the system offer spell-checking features throughout the system? • Does the system allow column titles on data display forms to be changed? • Does the system offer data validation for data entry? For example, street endings Ave and not AV.
3.0 PROJECT SCHEDULE OF EVENTS
The dates indicated on page i of this RFP are the anticipated milestones for this project. All dates are subject to change.
4.0 SUBMITTAL REQUIREMENTS
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT
The City of Stockton uses a qualifications-based selection process in obtaining these services. In order for the City to properly evaluate the Proponents’ qualification to perform this work, the proposals shall include, as a minimum, the following information:
A. Evidence of the Proponent’s ability to be responsive to thi s project in regard to timeliness and expertise, including availability of staff proposed to be assigned.
B. The Proponents are encouraged to expand on the Scope of Work to demonstrate their expertise.
Evaluation of the proposals will be based on qualifications, the experience of staff proposed to be assigned to the project, references, and thoroughness of the Proponent’s response to the Scope of Services.
Contract for Enforcement Software
EXHIBIT 1
7 C. Such additional information that the Proponent may feel would be pertinent to assist the City of Stockton in making its final decision.
D. Please submit one (1) original and 4 copies of your proposal/qualifications. Additionally, submit one (1) electronic version of the proposal via one (1) USB, or emailed electronically to [email protected]. The original should be unbound to allow us to reproduce your proposal, as needed.
E. The proposal must be submitted, typewritten on 8½” X 11” white paper.
F. Material and data not specifically requested for consideration, but which the P roponent wishes to submit must not appear with the Proposal but may appear only in an “Additional Data” section.
This has specific reference to the following types of data: Generalized narrative of supplementary information; and Supplementary graphic material.
G. All proposals must be signed with the full name of the Proponent, if an individual; by an authorized general partner, if a partnership; or by an authorized officer, if a corporation.
H. When proposals are signed by an agent other than an officer of a corporation or a member of a general partnership, a power of attorney authorizing the signature must be submitted with the proposal.
I. Electronic proposal must have wet ink signatures. Modification to a proposal after the proposal submittal deadline will not be accepted by the City.
4.2 COVER LETTER
Submit a letter on your company letterhead addressing the proposal and format. The letter should be signed by an officer of the firm authorized to bind the firm to all comments made in the proposal, and shall include the name, address, phone number and e -mail address of the person(s) to contact who will be authorized to represent your firm.
In no more three (3) pages, the Cover Letter and Executive Summary shall include:
A. The names of the key members of the Proponent team;
B. The mailing address, telephone number, and the name of the main point of contact for the Proponent team;
C. A summary of the consultant’s experience and qualifications as it relates to the Scope of Work of this solicitation and the significant advantages to selecting the Proponent; D. An acknowledgement of receiving any addendum(s) to the solicitation document.
4.3 REFERENCES
Provide a list of references with current contact person, e -mail address and phone number who may be contacted regarding firm performance.
The review team will conduct a background reference review of each respondent. Please include the following information for three (3) projects that the proposed consultant team worked on together:
A. Name of the Project/Study
B. Location of the Project
C. Name, title, and contact information for the client.
D. Project Budget
E. Date of Completion of the Project
Contract for Enforcement Software
EXHIBIT 1
8 4.4 FINANCIAL STATEMENT
The Proponent must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the services required herein.
Proponent shall submit a full and detailed presentation of the true condition of the P roponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement. If the Proponent is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.
Any Proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proponent under federal bankruptcy law or any state insolvency, may be declared non-responsive.
4.5 CORPORATE STRUCTURE, ORGANIZATION
Describe how your firm is organized, noting major divisions and any parent/holding companies, as well as brief history of the firm and all personnel potentially to be involved in the project including all sub - consultants. Designate the Principal in Charge and other key personnel. Include résumés. Also provide a description of the experience your firm has had with similar processes.
4.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Fee table located in Exhibit 1. Do not include with the technical proposal response. Provide detailed basic fee structure and break -down of any other charges related to your firm’s proposal as specified. Finalist’s fee structure may be subject to negotiation.
5.0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide the scope of work described in this solicitation and resulting awarded contract . A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.
The Evaluation Panel will consist of City of Stockton staff and any other person(s) designated by the City.
Following review of the proposals, the Panel may invite one or more Proponents to make an oral presentation. During these presentations, the Proponent will be allowed to present such information as may be appropriate in order that the Panel can effectively and objectively analyze all materials and documentation submitted as part of the proposals.
Each firm must be represented by an individual who will be the prime contact person to the City and any other individuals whom the firm may select. The highest-rated proposal(s) will then be further scrutinized through financial analysis and reference checks.
Proposals shall be evaluated according to; demon strated understanding of tasks required, technical approach to specified operations, qualifications of staff, experience of company, demonstrated knowledge of best practices for identified scope , financial business strength and fee schedule proposal.
Proper format and demonstrated experience will merit consideration.
Contract for Enforcement Software
EXHIBIT 1
9 To that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:
1. Proponent’s approach and schedule to provide all services as outlined in the Scope of Services and related documents;
2. Related experience with similar projects, company background and personnel qualifications;
3. Proponent’s Fee Schedule - completed and signed under separate, sealed cover;
4. Proponent’s Covenant;
5. Non-Collusion Affidavit;
6. References;
7. Submitted and signed Addendums;
8. Financials Review;
9. Interview/Presentation, if applicable; and
10. Any other criteria as best suits the City of Stockton.
6.0 CITY REQUIREMENTS
6.1 CITY RESPONSIBILITIES
City will provide all readily available plans, documentation, and data necessary for completing the above tasks.
Staff will be available as needed and will assist with coordination of stakeholder meetings and public outreach.
6.2 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014 -03-18- 1601 C.S. § 1; prior code § 3-106.1)
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING
There is no mandatory/optional pre-submittal meeting.
6.4 TERM
The City intends to award a five (5) year term for this contract.
6.5 OTHER GOVERNMENT AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
Contract for Enforcement Software
EXHIBIT 1
10 Such participating governmental bodies shall make purchases in their own name, make payment directly to successful Proponent and be liable directly to the successful Proponent, holding the City of Stockton harmless.
6.6 INSURANCE REQUIREMENTS
Proponent, at Proponent’s sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit B.
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Proponent shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Proponent’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
6.7 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
6.8 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City.
Invoices are to be rendered monthly, unless prescribed differently per contract.
6.9 NOTICE TO OUT OF STATE BUSINESS
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self- accrue all sales/use tax on purchases made from out -of-state business, unless documentation is provided by Proponent evidencing the business is registered with the state of California.
Sales and use tax on purchases made by the City of Stockton from all companies located outside California, not registered with the state and whose products are shipped from out of state will be remitted to the Contract for Enforcement Software
EXHIBIT 1
11 BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.
Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.
6.10 CONFIDENTIALITY
If Proponent believes that portions of a proposal constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the Proponent must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the P roponent believes to be protected from disclosure. The Proponent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Proponent believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The Proponent is hereby put on noti ce that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
6.11 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
6.11.A Protest Procedure
6.11.1 All protests must be in writing and stated as a formal protest.
6.11.2 A casual inquiry, complaint, or a statement of intent to protest that does not provide the facts and issues and does not comply with the content requirements or deadlines, will not be considered or acted upon as a protest.
6.11.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
6.11.4 The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.
6.11.5 Protests must be filed with the City's Chief Financial Officer, or designee, at the address listed in the Solicitation Protest FAQ sheet and Procurement Procedure Manual, not later than five (5) days after the date the City mails the Letter of Intent to Award.
6.11.6 Deliveries of the protest by hand, mail, email or fax are acceptable.
6.11.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines
6.11.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
6.11.B Protest Review
6.11.1 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.
Contract for Enforcement Software
EXHIBIT 1
12 6.11.2 The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's, the decision is mailed to the protesting party.
6.11.3 The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
6.11.4 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
6.11.5 The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, t he time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
6.11.6 If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
6.11.7 The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
Bidders, Proponents, and contractors wishing to protest or appeal a procurement or contracting decision by the City must follow the procedures provided by this section. The City will not review protests or appeals that are not submitted in accordance with these provisions and procedures.
A copy of this policy can be requested from the procurement specialist by emailing [email protected].
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION
A. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by the submission of a proposal.
B. Acceptance by the City of a proposal obligates the Proponent to enter into an agreement with the City.
C. An agreement shall not be binding or valid against the City unless or until it is executed by the City and the Proponent.
D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal. The City has the right to waive any defects in a Contract for Enforcement Software
EXHIBIT 1
13 proposal if the City chooses to do so. The City may not accept a proposal if any document or item necessary for the proper evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.
The City reserves the right to select the successful proposal and negotiate an agreement as to the scope of services, the schedule for performance and duration of the services with Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity in the proposal as is in the City's best interest.
The City reserves the right to reject any and all proposals, or portions thereof, received in response to the solicitation or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the City. Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP.
Non-acceptance of any proposal shall not imply that the proposal was deficient. Rather, non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that the City decided not to award an agreement as a result of this RFP.
7.3 RIGHT TO CHANGE OR AMEND REQUEST
The City reserves the right to change the terms and conditions of this RFP. The City will notify potential Proponent of any material changes by posting on the City’s website. No one is authorized to amend any of the RFP requirements in any respect, by an oral statement, or to make any representation or interpretation in conflict with its provisions. If necessary, supplementary information and/or clarifications/questions/answers will be posted on the City’s website at www.st ocktonca.gov/mudbid.
Failure of any Proponent to not have received such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.
Any exceptions to this Proposal shall be clearly stated in writing.
7.4 CANCELLATION
The City reserves the right to rescind award of the contract at any time before execution of the contract by both parties if rescission is deemed to be in City’s best interest. In no event shall City have any liability for the rescission of award. The Proponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.
7.5 EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the Proponent was not fully informed as to any fact or condition. Statistical information which may be contained in the Solicitation or any addendum is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
Contract for Enforcement Software
EXHIBIT 1
14 7.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications, questions, or answers of this RFP shall be made in writing/e-mail and deliverable to:
CITY OF STOCKTON
ATTN: PATRICIA MONESI
PROCUREMENT DIVISION
400 E MAIN, 3RD FLOOR
STOCKTON, CA 95202
[email protected]
Such request for clarifications/questions/answers shall be delivered to the City in accordance with the date identified on page i of this Solicitation . Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid the date identified on page i of this Solicitation, and will become a part of the Solicitation . The P roponent should await responses to inquiries prior to submitting a proposal. .
7.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a P roponent without further consideration:
b. Evidence of collusion among Proponents;
c. Any attempt to improperly influence any member of the evaluation panel; d. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification/rejection of Proponent’s proposal/Proponent’s bid submittal and considered non-responsive. e. A Proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
f. Existence of any lawsuit, unresolved contractual claim, or dispute between P roponent and the City.
g. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section
3.68.120 of the Municipal Code.
7.8 CONDITIONS IF WORK IS SUBCONTRACTED
The Proponent assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.
If Proponent's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the proponent of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a proposal.
Contract for Enforcement Software
EXHIBIT 1
15 7.9 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required to perform the scope of work will be the sole cost and responsibility of the successful Proponent.
A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
7.10 INDEMNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
7.11 COMPETITIVE PRICING
Proponent warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of Proponent. If Proponent enters into any arrangements with another customer of Proponent to provide product under more favorable charges, economic or product terms or warranties, Proponent shall immediately notify City of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
7.12 AVAILABLE FUNDING
Any contract which results from this RFP will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
7.13 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.
7.14 AUDITING CHARGES AND SERVICES
The City reserves the right to periodically audit all charges and services made by the successful Proponent to the City for services provided under the contract. Upon request, the Proponent agrees to furnish the City with necessary information and assistance.
7.15 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Proponent or as recommended by the Proponent’s project manager, pursuant Contract for Enforcement Software
EXHIBIT 1
16 to the adopted City of Stockton Standard Specifications.
7.16 AWARD
Upon conclusion of the Solicitation process, the City may award a contract may for services identified in the Solicitation. The City reserves the right to select the successful Proponent and to negotiate terms of a contract with the Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality in the proposal as is in the City's best interest.
Contract for Enforcement Software
EXHIBIT 1
8-1
8.0 PROPOSAL DOCUMENTS
ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE PROGRAM
PUR-23-013
SUBMITTAL DUE: THURSDAY, MARCH 2, 2023 AT 2:00 PM
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number (if
applicable)
Contract for Enforcement Software
EXHIBIT 1
8-2
ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST
THIS CHECKLIST IS FOR PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH PROPOENT PROPOSAL.
Complete the following proposal attachments (FROM THIS PACKET ONLY SUBMIT PAGES FROM SECTION 8 AND PLACE IN THE FRONT OF YOUR PROPOSAL).
Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose Acknowledgment" form will not be sufficient.
Complete and sign a "Proponent's Fee Schedule" form, Exhibit 1, (under separate cover). Sign the "Proponent’s Covenant" form. Include (with proposal) name and e-mail address for City contact, if different from signatoree.
Include your proposal, as outlined in these specifications. Submit one (1) ORIGINAL (unbound, no staples) and 4 COPIES of all proposal documents.
Additionally, submit one (1) USB with an electronic version of the proposal or electronically to [email protected].
Review, print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response. Use Section 8.0 Proposal Documents to deliver sealed proposal timely to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202.
Contract for Enforcement Software
EXHIBIT 1
8-3
ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:
1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent and requirements of same.
2. They will enter into contract negotiations and furnish the services specified.
3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.
4. They have reviewed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.
5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of contract agreement.
FIRM
ADDRESS
SIGNED BY & DATE
TITLE OR AGENCY
PHONE/FAX NUMBER
Contract for Enforcement Software
EXHIBIT 1
8-4
ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, ) ss.
County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal __________________________________________
Signature ____________________________
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That they
are the of a corporation, which
corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal _____________________________
Signature ____________________________
Contract for Enforcement Software
EXHIBIT 1
8-5
No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.
County of )
(insert)
, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as _____who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Contract for Enforcement Software
EXHIBIT 1
9-1
9.0 PROPOSAL EXHIBITS
9.1 Exhibit 1 – Fee Schedule Tables
Enter any additional technical, performance or functional specifications for the request.
9.2 Exhibit 2 – Sample Contract
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
Contract for Enforcement Software
EXHIBIT 1